reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.011 - Licensed Midwives; Qualifications; Examination.

467.011 Licensed midwives; qualifications; examination.—The department shall issue a license to practice midwifery to an applicant who meets all of the following criteria:
(1) Demonstrates that he or she has graduated from one of the following:
(a) An accredited and approved midwifery program.
(b) A medical or midwifery program offered in another state, jurisdiction, territory, or country whose graduation requirements were equivalent to or exceeded those required by s. 467.009 and the rules adopted thereunder at the time of graduation.
(2) Demonstrates that he or she has successfully completed a prelicensure course offered by an accredited and approved midwifery program. Students graduating from an accredited and approved midwifery program may meet this requirement by showing that the content requirements for the prelicensure course were covered as part of their course of study.
(3) Submits an application for licensure on a form approved by the department and pays the appropriate fee.
(4) Demonstrates that he or she has received a passing score on an examination specified by the department.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; ss. 6, 19, ch. 92-179; s. 79, ch. 2001-62; s. 14, ch. 2022-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.013 - Inactive Status.

467.013 Inactive status.—A licensee may request that his or her license be placed in an inactive status by making application to the department and paying a fee.
(1) An inactive license may be renewed for one additional biennium upon application to the department and payment of the applicable biennium renewal fee. The department shall establish procedures and fees for applying to place a license on inactive status, renewing an inactive license, and reactivating an inactive license. The fee for any of these procedures may not exceed the biennial renewal fee established by the department.
(2) Any license that is not renewed by the end of the biennium established by the department automatically reverts to involuntary inactive status unless the licensee has applied for voluntary inactive status. Such license may be reactivated only if the licensee meets the requirements for reactivating the license established by department rule.
(3) A midwife who desires to reactivate an inactive license shall apply to the department, complete the reactivation application, remit the applicable fees, and submit proof of compliance with the requirements for continuing education established by department rule.
(4) Each licensed midwife whose license has been placed on inactive status for more than 1 year must complete continuing education hours as a condition of reactivating the inactive license.
(5) The licensee shall submit to the department evidence of participation in 10 hours of continuing education, approved by the department and clinically related to the practice of midwifery, for each year of the biennium in which the license was inactive. This requirement is in addition to submitting evidence of completing the continuing education required for the most recent biennium in which the licensee held an active license.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; ss. 8, 19, ch. 92-179; s. 183, ch. 94-119; s. 265, ch. 97-103; s. 6, ch. 98-130; s. 36, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.0135 - Fees.

467.0135 Fees.—The department shall establish fees for application, examination, initial licensure, renewal of licensure, licensure by endorsement, inactive status, delinquent status, and reactivation of an inactive license. The appropriate fee must be paid at the time of application and is payable to the Department of Health, in accordance with rules adopted by the department. A fee is nonrefundable, unless otherwise provided by rule. A fee may not exceed:
(1) Five hundred dollars for examination.
(2) Five hundred dollars for initial licensure.
(3) Five hundred dollars for renewal of licensure.
(4) Two hundred dollars for application, which fee is nonrefundable.
(5) Five hundred dollars for reactivation of an inactive license.
(6) Five hundred dollars for licensure by endorsement.
A fee for inactive status, reactivation of an inactive license, or delinquency may not exceed the fee established by the department for biennial renewal of an active license. All fees collected under this section shall be deposited in the Medical Quality Assurance Trust Fund.
History.—ss. 9, 19, ch. 92-179; s. 184, ch. 94-119; s. 7, ch. 98-130; s. 123, ch. 2000-153.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.014 - Financial Responsibility.

467.014 Financial responsibility.—A licensed midwife shall include in the informed consent plan presented to the parents the status of the midwife’s malpractice insurance, including the amount of malpractice insurance, if any.
History.—ss. 10, 19, ch. 92-179; s. 79, ch. 2001-62.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.016 - Informed Consent.

467.016 Informed consent.—The department shall develop a uniform client informed-consent form to be used by the midwife to inform the client of the qualifications of a licensed midwife and the nature and risk of the procedures to be used by a midwife and to obtain the client’s consent for the provision of midwifery services.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; s. 19, ch. 92-179; s. 79, ch. 2001-62.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.017 - Emergency Care Plan; Immunity.

467.017 Emergency care plan; immunity.—
(1) Every licensed midwife shall develop a written plan for the appropriate delivery of emergency care. A copy of the plan shall accompany any application for license issuance or renewal. The plan shall address the following:
(a) Consultation with other health care providers.
(b) Emergency transfer.
(c) Access to neonatal intensive care units and obstetrical units or other patient care areas.
(2) Any physician licensed under chapter 458 or chapter 459, or any certified nurse midwife, or any hospital licensed under chapter 395, or any osteopathic hospital, providing medical care or treatment to a woman or infant due to an emergency arising during delivery or birth as a consequence of the care received by a midwife licensed under chapter 467 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; ss. 12, 19, ch. 92-179; s. 79, ch. 2001-62.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.019 - Records and Reports.

467.019 Records and reports.—
(1) The midwife shall mail or submit a completed birth certificate for each birth, in accordance with the requirements of chapter 382, to the local registrar of vital statistics within 5 days following birth.
(2) The midwife shall instruct the parents regarding the requirement for an infant screening blood test for metabolic diseases as required by s. 383.14 and rules promulgated pursuant thereto, and shall notify the county health department in the county where the birth occurs, within 48 hours following delivery, unless other arrangements for the test have been made by the parents.
(3) Each maternal death, newborn death, and stillbirth shall be reported immediately to the medical examiner.
(4) A midwife shall keep a record of each patient served. Such record must document, but need not be limited to, each consultation, referral, transport, transfer of care, and emergency care rendered by the midwife and must include all subsequent updates and copy of the birth certificate. These records shall be kept on file for a minimum of 5 years following the date of the last entry in the records.
(5) Within 90 days after the death of a midwife, the estate or agent shall place all patient records of the deceased midwife in the care of another midwife licensed in this state who shall ensure that each patient of the deceased midwife is notified in writing. A midwife who terminates or relocates to private practice outside the local telephone directory service area of the midwife’s current practice shall provide notice to all patients as prescribed by department rule.
(6) Patient records of a deceased midwife or a midwife who terminates or relocates a private practice shall be maintained pursuant to department requirements.
(7) A licensed midwife who is or has been employed by a practice or facility, such as a birth center, which maintains patient records as records belonging to the facility may review patient records on the premises of the practice or facility as necessary for statistical purposes.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; s. 19, ch. 92-179; s. 144, ch. 97-101; s. 8, ch. 98-130; s. 37, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.201 - Violations and Penalties.

467.201 Violations and penalties.—Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(1) Practicing midwifery, unless holding an active license to do so.
(2) Using or attempting to use a license which has been suspended or revoked.
(3) The willful practice of midwifery by a student midwife without a preceptor present, except in an emergency.
(4) Knowingly allowing a student midwife to practice midwifery without a preceptor present, except in an emergency.
(5) Obtaining or attempting to obtain a license under this chapter through bribery or fraudulent misrepresentation.
(6) Using the name or title “midwife” or “licensed midwife” or any other name or title which implies that a person is licensed to practice midwifery, unless such person is duly licensed as provided in this chapter.
(7) Knowingly concealing information relating to the enforcement of this chapter or rules adopted pursuant thereto.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; s. 96, ch. 91-224; ss. 4, 5, ch. 91-429; ss. 13, 19, ch. 92-179; s. 57, ch. 2000-318; s. 79, ch. 2001-62.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.205 - Approval of Midwifery Programs.

467.205 Approval of midwifery programs.—
(1) The department must approve an accredited or state-licensed public or private institution seeking to provide midwifery education and training as an approved midwifery program in this state if the institution meets all of the following criteria:
(a) Submits an application for approval on a form approved by the department.
(b) Demonstrates to the department’s satisfaction that the proposed midwifery program complies with s. 467.009 and the rules adopted thereunder.
(c) For a private institution, demonstrates its accreditation by a member of the Council for Higher Education Accreditation or an accrediting agency approved by the United States Department of Education as an institutional accrediting agency for direct-entry midwifery education programs and its licensing or provisional licensing by the Commission for Independent Education.
(2) The department shall, at least once every 3 years, certify whether each approved midwifery program is currently compliant, and has maintained compliance, with the requirements of s. 467.009 and the rules adopted thereunder.
(3) If the department finds that an approved midwifery program is not in compliance with the requirements of s. 467.009 or the rules adopted thereunder, or has lost its accreditation status, the department must provide its finding to the program in writing and may place the program on probationary status for a specified period of time, which may not exceed 3 years.
(4) If a program on probationary status does not come into compliance with the requirements of s. 467.009 or the rules adopted thereunder, or regain its accreditation status, as applicable, within the period specified by the department, the department may rescind the program’s approval.
(5) A program that has its approval rescinded has the right to reapply for approval.
(6) The department may grant provisional approval of a new program seeking accreditation status, for a period not to exceed 5 years, provided that all other requirements of this section are met.
(7) The department may rescind provisional approval of a program that fails to meet the requirements of s. 467.009, this section, or the rules adopted thereunder, in accordance with procedures provided in subsections (3) and (4).
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; ss. 14, 19, ch. 92-179; s. 79, ch. 2001-62; s. 16, ch. 2022-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 467 - Midwifery › 467.207 - Exceptions.

467.207 Exceptions.—No provision of this chapter shall be construed to prohibit:
(1) The practice of midwifery by students enrolled in an approved midwifery training program.
(2) The establishment of an independent practice by one or more midwives for the purpose of rendering to patients midwifery services within the scope of the midwife license.
(3) Assistance by any person in the case of an emergency.
History.—ss. 1, 3, ch. 82-99; s. 8, ch. 84-268; ss. 4, 5, ch. 91-429; s. 19, ch. 92-179; s. 79, ch. 2001-62.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1105 - Legislative intent.

468.1105 Legislative intent.—The sole legislative purpose for enacting this part is to ensure that every speech-language pathologist and audiologist practicing in this state meets minimum requirements for safe practice in this state. It is the legislative intent that speech-language pathologists and audiologists who fall below minimum competencies or who otherwise present a danger to the public health and safety be prohibited from practicing in this state.
History.—ss. 1, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1115 - Exemptions.

468.1115 Exemptions.—
(1) No provision of this part shall be construed to limit the practice of persons licensed in this state from engaging in the professions for which they are licensed, so long as they do not hold themselves out to the public as possessing a license or certificate issued pursuant to this part or use a title protected by this part.
(2) The provisions of this part shall not apply to:
(a) Students actively engaged in a training program, if such persons are acting under the direct supervision of a licensed speech-language pathologist or a licensed audiologist.
(b) Persons practicing a licensed profession or operating within the scope of their profession, such as doctors of medicine, clinical psychologists, nurses, or hearing aid specialists, who are properly licensed under the laws of this state.
(c) Persons certified in the areas of speech-language impairment or hearing impairment in this state under chapter 1012 when engaging in the profession for which they are certified, or any person under the direct supervision of such a certified person, or of a licensee under this chapter, when the person under such supervision is performing hearing screenings in a school setting for prekindergarten through grade 12.
(d) Laryngectomized individuals, rendering guidance and instruction to other laryngectomized individuals, who are under the supervision of a speech-language pathologist licensed under this part or of a physician licensed under chapter 458 or chapter 459 and qualified to perform this surgical procedure.
(e) Persons licensed by another state as speech-language pathologists or audiologists who provide services within the applicable scope of practice set forth in s. 468.1125(6) or (7) for no more than 5 calendar days per month or 15 calendar days per year under the direct supervision of a Florida-licensed speech-language pathologist or audiologist. A person whose state of residence does not license speech-language pathologists or audiologists may also qualify for this exemption, if the person holds a certificate of clinical competence from the American Speech-Language and Hearing Association and meets all other requirements of this paragraph. In either case, the board shall hold the supervising Florida licensee fully accountable for the services provided by the out-of-state licensee.
(f) Nonlicensed persons working in a hospital setting who provide newborn infant hearing screenings, so long as training, clinical interpretation of the screenings, and the protocol for followup of infants who fail in-hospital screenings are provided by a licensed audiologist.
History.—ss. 2, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 267, ch. 97-103; s. 111, ch. 97-264; s. 1014, ch. 2002-387.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1135 - Board of Speech-Language Pathology and Audiology.

468.1135 Board of Speech-Language Pathology and Audiology.—
(1) There is created within the department the Board of Speech-Language Pathology and Audiology, composed of seven members appointed by the Governor and confirmed by the Senate.
(2)(a) Four members of the board shall be persons licensed under this part, as follows:
1. Two members shall be practicing speech-language pathologists.
2. Two members shall be practicing audiologists.
(b) One member shall be a physician licensed pursuant to chapter 458 who is a neurologist, an otolaryngologist, or a pediatrician.
(c) Two members shall be citizens of the state who are communicatively impaired and who are not, and have never been, licensed as a speech-language pathologist or an audiologist and who are in no way connected with the practice of such profession. At least one of the two shall be a hearing aid user.
(d) At least one member of the board shall be 60 years of age or older.
(3) As the terms of the initial members expire, the Governor shall appoint successors who meet the requirements of subsection (2) for terms of 4 years. Members shall serve until their successors are appointed.
(4)(a) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part conferring duties upon it.
(b) The board shall adopt rules requiring that each prospective purchaser of a hearing aid be notified by the attending audiologist, at the time of the initial examination for fitting and sale of a hearing aid, of telecoil, “t” coil, or “t” switch technology. The rules shall further require that licensed audiologists make available to prospective purchasers information regarding telecoils, “t” coils, or “t” switches. These rules shall be effective on or before October 1, 1994.
(5) All provisions of chapter 456 relating to activities of regulatory boards shall apply to the board.
(6) The board shall maintain its official headquarters in Tallahassee.
History.—ss. 4, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 329, ch. 94-119; s. 2, ch. 94-160; s. 131, ch. 94-218; s. 268, ch. 97-103; s. 75, ch. 98-166; s. 131, ch. 98-200; s. 133, ch. 2000-160; s. 78, ch. 2002-1.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1145 - Fees; establishment; disposition.

468.1145 Fees; establishment; disposition.—
(1) The board, by rule, shall establish fees to be paid for application, examination, reexamination, licensing and renewal, reinstatement, and recordmaking and recordkeeping. The board may also establish, by rule, a late renewal penalty. The board shall establish fees which are adequate to ensure continued operation of the board and to fund the proportionate expenses incurred by the department in carrying out its licensure and other related responsibilities under this part. Fees shall be based on department estimates of the revenue required to implement this part and the provisions of law with respect to the regulation of speech-language pathologists and audiologists.
(2) The application fee shall not exceed $200 and shall be nonrefundable.
(3) The examination fee shall be in an amount which covers the costs of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination. The combined fees for initial application and examination shall not exceed $200 plus the actual per applicant cost to the department for developing or procuring the licensure examination.
(4) The initial license fee shall not exceed $500.
(5) The provisional license fee shall not exceed $200.
(6) The fee for licensure by endorsement shall not exceed $200.
(7) The fee for certification as a speech-language pathology assistant or an audiology assistant shall not exceed $50.
(8) The biennial renewal fee shall not exceed $500.
(9) The fee for application for an inactive status license or for reactivation of an inactive status license shall not exceed $100.
(10) All moneys derived from fees and fines imposed pursuant to this part shall be deposited as required by s. 456.025.
History.—ss. 5, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 76, ch. 98-166; s. 134, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1165 - Professional employment experience requirement.

468.1165 Professional employment experience requirement.—Every applicant for licensure as a speech-language pathologist must demonstrate, prior to licensure, a minimum of 9 months of full-time professional employment, or the equivalent in part-time professional employment. Each applicant for licensure as an audiologist must demonstrate, prior to licensure, a minimum of 11 months of full-time professional employment, or the equivalent in part-time professional employment.
History.—ss. 7, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 2, ch. 2006-83; s. 38, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1175 - Examination.

468.1175 Examination.—A person desiring to be licensed as a speech-language pathologist or an audiologist shall apply to the appropriate examining entity for examination. A person who fails an examination may make application for reexamination to the appropriate examining entity.
History.—ss. 8, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 103, ch. 92-149.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1185 - Licensure.

468.1185 Licensure.—
(1) The department shall license any applicant whom the board certifies is qualified to practice speech-language pathology or audiology and who has paid the initial licensure fee.
(2) The board shall certify for licensure any applicant who has:
(a) Satisfied the education and supervised clinical requirements of s. 468.1155.
(b) Satisfied the professional experience requirement of s. 468.1165.
(c) Passed the licensure examination required by s. 468.1175.
(d) An applicant for an audiologist license who has obtained a doctoral degree in audiology has satisfied the education and supervised clinical requirements of paragraph (a) and the professional experience requirements of paragraph (b).
(3) The board shall certify as qualified for a license by endorsement as a speech-language pathologist or audiologist an applicant who:
(a) Holds a valid license or certificate in another state or territory of the United States to practice the profession for which the application for licensure is made, if the criteria for issuance of such license were substantially equivalent to or more stringent than the licensure criteria which existed in this state at the time the license was issued; or
(b) Holds a valid certificate of clinical competence of the American Speech-Language and Hearing Association or board certification in audiology from the American Board of Audiology.
(4) The board may refuse to certify any applicant who is under investigation in any jurisdiction for an act which would constitute a violation of this part or chapter 456 until the investigation is complete and disciplinary proceedings have been terminated.
(5) The board may refuse to certify any applicant who has violated any of the provisions of s. 468.1245.
History.—ss. 9, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 114, ch. 97-264; s. 77, ch. 98-166; s. 135, ch. 2000-160; s. 3, ch. 2006-83.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1195 - Renewal of license or certificate; continuing education requirements; standards for approval of continuing education providers.

468.1195 Renewal of license or certificate; continuing education requirements; standards for approval of continuing education providers.—
(1) The department shall renew a license or certificate upon receipt of the renewal application, renewal fee, and proof satisfactory to the board that the licensee or certificateholder has completed the continuing education requirements established by the board. A licensee or certificateholder who receives initial licensure or certification 6 months or less before the end of the biennial licensure cycle is exempt from the continuing education requirements for the first renewal of the license or certificate.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses and certificates.
(3) The board may prescribe by rule continuing education, not to exceed 60 hours biennially in each area of licensure or certification, as a condition for renewal of a license or a certificate. The board may establish by rule standards for the approval of such continuing education activities. The board may make exception from the requirements of continuing education in emergency or hardship cases.
(4) The board may establish by rule standards for the approval of providers of continuing education activities.
History.—ss. 10, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 185, ch. 94-119; s. 115, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1205 - Inactive status; reactivation; continuing education; application procedures; renewal.

468.1205 Inactive status; reactivation; continuing education; application procedures; renewal.—
(1) The board shall prescribe by rule continuing education requirements as a condition of reactivating a license or certificate. The continuing education requirements for reactivating a license or certificate may not exceed 25 contact hours for each year the license was inactive in addition to the continuing education that was required for renewal on the date the license became inactive.
(2) The board shall adopt rules relating to application procedures for inactive status, the renewal of an inactive license or certificate, and the reactivation of an inactive license or certificate.
History.—ss. 11, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 186, ch. 94-119.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1215 - Speech-language pathology assistant and audiology assistant; certification.

468.1215 Speech-language pathology assistant and audiology assistant; certification.—
(1) The department shall issue a certificate as a speech-language pathology assistant to each applicant who the board certifies has:
(a) Completed the application form and remitted the required fees, including a nonrefundable application fee.
(b) Earned a bachelor’s degree from a college or university accredited by a regional association of colleges and schools recognized by the Department of Education which includes at least 24 semester hours of coursework as approved by the board at an institution accredited by an accrediting agency recognized by the Council for Higher Education Accreditation.
(2) The department shall issue a certificate as an audiology assistant to each applicant who the board certifies has:
(a) Completed the application form and remitted the required fees, including a nonrefundable application fee.
(b) Earned a high school diploma or its equivalent.
(3) An audiologist or speech-language pathologist who employs a speech-language assistant or audiology assistant must provide the assistant with a plan approved by the board for on-the-job training and must maintain responsibility for all services performed by the assistant. The board, by rule, shall establish minimum education and on-the-job training and supervision requirements for certification as a speech-language pathology assistant or audiology assistant.
(4) The provisions of this section shall not apply to any student, intern, or trainee performing speech-language pathology or audiology services while completing the supervised clinical experience as required in s. 468.1155.
History.—ss. 12, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 26, ch. 94-310; s. 117, ch. 97-264; s. 128, ch. 99-397; s. 115, ch. 2001-277; s. 4, ch. 2006-83.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1245 - Itemized listing of prices; delivery of prescription hearing aid; receipt; guarantee; packaging; disclaimer.

468.1245 Itemized listing of prices; delivery of prescription hearing aid; receipt; guarantee; packaging; disclaimer.—
(1) Before delivery of services or products to a prospective purchaser, a licensee must disclose, upon request by the prospective purchaser, an itemized listing of prices, which must include separate price estimates for each service component and each product. Provision of such itemized listing of prices may not be predicated on the prospective purchaser’s payment of any charge or agreement to purchase any service or product.
(2) Any licensee who fits and sells a prescription hearing aid shall, at the time of delivery, provide the purchaser with a receipt containing the seller’s signature, the address of his or her regular place of business, and his or her license or certification number, if applicable, together with the brand, model, manufacturer or manufacturer’s identification code, and serial number of the prescription hearing aid furnished and the amount charged for the prescription hearing aid. The receipt must also specify whether the prescription hearing aid is new, used, or rebuilt; the length of time and other terms of the guarantee; and by whom the prescription hearing aid is guaranteed. When the client has requested an itemized list of prices, the receipt must also provide an itemization of the total purchase price, including, but not limited to, the cost of the aid, ear mold, batteries, and other accessories, and the cost of any services. Notice of the availability of this service must be displayed in a conspicuous manner in the office. The receipt must also state that any complaint concerning the prescription hearing aid and its guarantee, if not reconciled with the licensee from whom the prescription hearing aid was purchased, should be directed by the purchaser to the department. The address and telephone number of such office must be stated on the receipt.
(3) A prescription hearing aid may not be sold to any person unless both the packaging containing the prescription hearing aid and the contract provided pursuant to subsection (2) carry the following disclaimer in 10-point or larger type: “A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.”
History.—ss. 14, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 105, ch. 92-149; s. 331, ch. 94-119; s. 4, ch. 94-160; s. 269, ch. 97-103; s. 118, ch. 97-264; s. 19, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1246 - Thirty-day trial period; purchaser’s right to cancel; notice; refund; cancellation fee.

468.1246 Thirty-day trial period; purchaser’s right to cancel; notice; refund; cancellation fee.—
(1) A person selling a prescription hearing aid in this state must provide the buyer with written notice of a 30-day trial period and money-back guarantee. The guarantee must permit the purchaser to cancel the purchase for a valid reason as defined by rule of the board within 30 days after receiving the prescription hearing aid, by returning the prescription hearing aid or mailing written notice of cancellation to the seller. If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended 1 day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within 3 working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims a repaired, remade, or adjusted prescription hearing aid or on the 4th day after notification of availability.
(2) The board, in consultation with the Board of Hearing Aid Specialists, shall prescribe by rule the terms and conditions to be contained in the money-back guarantee and any exceptions thereto. Such rule must provide, at a minimum, that the charges for earmolds and service provided to fit the prescription hearing aid may be retained by the licensee. The rules must also set forth any reasonable charges to be held by the licensee as a cancellation fee. The terms and conditions of the guarantee, including the total amount available for refund, must be provided in writing to the purchaser before the signing of the contract.
History.—s. 332, ch. 94-119; s. 5, ch. 94-160; s. 20, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1255 - Cancellation by medical authorization; purchaser’s right to return.

468.1255 Cancellation by medical authorization; purchaser’s right to return.—
(1) In addition to any other rights and remedies the purchaser of a prescription hearing aid may have, the purchaser has the right to rescind the transaction if the purchaser for whatever reason consults a licensed physician with specialty board certification in otolaryngology or internal medicine or a licensed family practice physician, subsequent to purchasing a prescription hearing aid, and the physician certifies in writing that the purchaser has a hearing impairment for which a prescription hearing aid will not provide a benefit or that the purchaser has a medical condition which contraindicates the use of a prescription hearing aid.
(2) The purchaser of a prescription hearing aid has the right to rescind as provided in subsection (1) only if the purchaser gives a written notice of the intent to rescind the transaction to the seller at the seller’s place of business by certified mail, return receipt requested, which notice shall be posted not later than 60 days following the date of delivery of the prescription hearing aid to the purchaser, and the purchaser returns the prescription hearing aid to the seller in the original condition less normal wear and tear.
(3) If the conditions of subsections (1) and (2) are met, the seller must, without request, refund to the purchaser, within 10 days after the receipt of notice to rescind, a full and complete refund of all moneys received, less 5 percent. The purchaser does not incur any additional liability for rescinding the transaction.
History.—ss. 15, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 21, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1265 - Sale or distribution of prescription hearing aids through mail; penalty.

468.1265 Sale or distribution of prescription hearing aids through mail; penalty.—It is unlawful for any person to sell or distribute prescription hearing aids through the mail to the ultimate consumer. Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 16, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 106, ch. 92-149; s. 37, ch. 95-144; s. 22, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1275 - Place of business; display of license.

468.1275 Place of business; display of license.—Each licensee who fits and sells a prescription hearing aid shall declare and establish a regular place of business, at which his or her license shall be conspicuously displayed.
History.—ss. 17, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 270, ch. 97-103; s. 23, ch. 2023-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1285 - Prohibitions; penalties.

468.1285 Prohibitions; penalties.—
(1) No person shall knowingly:
(a) Practice speech-language pathology or audiology, unless the person is licensed pursuant to this part.
(b) Use terms such as, but not limited to: “speech pathologist,” “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” “speech clinician,” “language pathology,” “language pathologist,” “voice therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” “communicologist,” “cognitive communication therapy,” “cognitive communication therapist,” “aphasiologist,” or “phoniatrist,” or any title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as a speech-language pathologist when the person is not licensed as a speech-language pathologist pursuant to this part.
(c) Use terms such as, but not limited to: “audiology,” “audiologist,” “audiometrist,” “audiological,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing clinician,” “hearing aid audiologist,” “aural habilitationalist,” “aural rehabilitationalist,” or any title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an audiologist when the person is not licensed as an audiologist pursuant to this part.
(d) Present as his or her own the license of another.
(e) Use or attempt to use a license to practice speech-language pathology or audiology which has been suspended, revoked, or placed on inactive or delinquent status.
(f) Give false or forged evidence to the board or a member thereof.
(g) Employ unlicensed persons in the practice of speech-language pathology or audiology.
(h) Sell or fraudulently obtain or furnish any speech-language pathology or audiology diploma, license, or record of registration, or aid or abet in the same.
(i) Conceal information relative to violations of this part.
(2) Any person who is convicted of a violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 18, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 188, ch. 94-119; s. 271, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1296 - Sexual misconduct.

468.1296 Sexual misconduct.—Sexual misconduct by any person licensed or certified in the practice of his or her profession is prohibited. Sexual misconduct means to induce or to attempt to induce the patient to engage, or to engage or to attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient.
History.—s. 120, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part I - Speech-Language Pathology and Audiology (Ss. 468.1105-468.1315) › 468.1315 - Saving clauses.

468.1315 Saving clauses.—
(1) No judicial or administrative proceeding pending pursuant to part I of chapter 468, Florida Statutes, 1989, on October 1, 1990, shall be abated as a result of the repeal of ss. 468.139, 468.140, 468.141, 468.142, 468.1425, 468.143, 468.144, 468.145, 468.146, 468.147, 468.148, and 468.149. In any such unabated proceeding, the Board of Speech-Language Pathology and Audiology and the department shall be deemed parties in interest and shall be made parties to the proceeding.
(2) Certificates of registration and provisional registration issued pursuant to part I of chapter 468, Florida Statutes 1989, which are in effect on September 30, 1990, shall remain in effect pursuant to the provisions of this part.
History.—ss. 21, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 132, ch. 94-218.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part II - Nursing Home Administration (Ss. 468.1635-468.1756) › 468.1635 - Purpose.

468.1635 Purpose.—The sole legislative purpose for enacting this chapter is to ensure that every nursing home administrator practicing in this state meets minimum requirements for safe practice. It is the legislative intent that nursing home administrators who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.
History.—ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318; ss. 1, 16, 17, ch. 86-223; s. 61, ch. 91-137; s. 10, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part II - Nursing Home Administration (Ss. 468.1635-468.1756) › 468.1645 - Administrator license required.

468.1645 Administrator license required.—
(1) No nursing home in the state may operate unless it is under the management of a nursing home administrator who holds a currently valid license, provisional license, or temporary license.
(2) Nothing in this part or in the rules adopted hereunder shall require an administrator of any facility or institution operated by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any organized church or religious denomination, to be licensed as a nursing home administrator if the administrator is employed only to administer in such facilities or institutions for the care and treatment of the sick.
History.—ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318; ss. 2, 16, 17, ch. 86-223; s. 2, ch. 88-411; s. 61, ch. 91-137; s. 10, ch. 91-156; s. 4, ch. 91-429; s. 108, ch. 97-261; s. 1, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part II - Nursing Home Administration (Ss. 468.1635-468.1756) › 468.1655 - Definitions.

468.1655 Definitions.—As used in this part:
(1) “Board” means the Board of Nursing Home Administrators.
(2) “Department” means the Department of Health.
(3) “Nursing home administrator” means a person who is licensed to engage in the practice of nursing home administration in this state under the authority of this part.
(4) “Practice of nursing home administration” means any service requiring nursing home administration education, training, or experience and the application of such to the planning, organizing, staffing, directing, and controlling of the total management of a nursing home. A person shall be construed to practice or to offer to practice nursing home administration who:
(a) Practices any of the above services.
(b) Holds himself or herself out as able to perform, or does perform, any form of nursing home administration by written or verbal claim, sign, advertisement, letterhead, or card; or in any other way represents himself or herself to be, or implies that he or she is, a nursing home administrator.
(5) “Nursing home” means an institution or facility licensed as such under part II of chapter 400.
History.—ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318; ss. 3, 16, 17, ch. 86-223; s. 61, ch. 91-137; s. 10, ch. 91-156; s. 4, ch. 91-429; s. 133, ch. 94-218; s. 272, ch. 97-103; s. 121, ch. 97-264; s. 124, ch. 2000-153.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part II - Nursing Home Administration (Ss. 468.1635-468.1756) › 468.1665 - Board of Nursing Home Administrators; membership; appointment; terms.

468.1665 Board of Nursing Home Administrators; membership; appointment; terms.—
(1) The Board of Nursing Home Administrators is created within the department and shall consist of seven members, to be appointed by the Governor and confirmed by the Senate to a term of 4 years or for a term to complete an unexpired vacancy.
(2) Three members of the board must be licensed nursing home administrators. Two members of the board must be health care practitioners. The remaining two members of the board must be laypersons who are not, and have never been, nursing home administrators or members of any health care profession or occupation. At least one member of the board must be 60 years of age or older.
(3) Only board members who are nursing home administrators may have a direct financial interest in any nursing home.
(4) All provisions of chapter 456 relating to activities of regulatory boards shall apply.
History.—ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318; s. 36, ch. 83-329; ss. 4, 16, 17, ch. 86-223; s. 19, ch. 87-172; s. 61, ch. 91-137; s. 10, ch. 91-156; s. 4, ch. 91-429; s. 134, ch. 94-218; s. 79, ch. 98-166; s. 137, ch. 2000-160.