reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.801 - Exemptions.

483.801 Exemptions.—This part applies to all clinical laboratories and clinical laboratory personnel within this state, except:
(1) Clinical laboratories operated by the United States Government.
(2) Laboratories operated and maintained exclusively for research and teaching purposes, involving no patient or public health service whatsoever.
(3) Persons engaged in testing performed by laboratories that are wholly owned and operated by one or more practitioners licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, or chapter 466 who practice in the same group practice, and in which no clinical laboratory work is performed for patients referred by any health care provider who is not a member of that group practice.
(4) Respiratory therapists and respiratory care practitioners certified or registered under part V of chapter 468.
(5) Advanced practice registered nurses licensed under part I of chapter 464 who perform provider-performed microscopy procedures (PPMP) in a laboratory setting pursuant to subsection (3).
(6) Persons performing laboratory testing within a physician office practice for patients referred by a health care provider who is a member of the same physician office practice, if the laboratory or entity operating the laboratory within a physician office practice is under common ownership, directly or indirectly, with an entity licensed pursuant to chapter 395.
(7) Registered nurses licensed under chapter 464 who are determined by the clinical laboratory director of a hospital or hospital-based off-campus emergency department licensed under chapter 395 to be qualified under 42 C.F.R. s. 493.1423 to perform only moderate-level or waiver-level clinical laboratory testing in accordance with s. 395.0091 within the hospital or hospital-based off-campus emergency department with a separate federal Clinical Laboratory Improvement Amendments (CLIA) program clinical laboratory certification under 42 C.F.R. part 493.
History.—s. 32, ch. 92-58; s. 21, ch. 93-178; s. 6, ch. 97-91; s. 163, ch. 97-264; s. 136, ch. 2000-318; s. 99, ch. 2018-24; s. 66, ch. 2018-106; s. 1, ch. 2022-37.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.803 - Definitions.

483.803 Definitions.—As used in this part, the term:
(1) “Board” means the Board of Clinical Laboratory Personnel.
(2) “Clinical laboratory” means the physical location in which one or more of the following services are performed to provide information or materials for use in the diagnosis, prevention, or treatment of a disease or the identification or assessment of a medical or physical condition:
(a) Clinical laboratory services, which entail the examination of fluids or other materials taken from the human body.
(b) Anatomic laboratory services, which entail the examination of tissue taken from the human body.
(c) Cytology laboratory services, which entail the examination of cells from individual tissues or fluid taken from the human body.
(3) “Clinical laboratory examination” means a procedure performed to deliver the services identified in subsection (2), including the oversight or interpretation of such services.
(4) “Clinical laboratory personnel” includes a clinical laboratory director, supervisor, technologist, blood gas analyst, or technician who performs or is responsible for laboratory test procedures, but the term does not include trainees, persons who perform screening for blood banks or plasmapheresis centers, phlebotomists, or persons employed by a clinical laboratory to perform manual pretesting duties or clerical, personnel, or other administrative responsibilities.
(5) “Clinical laboratory trainee” means any person having qualifying education who is enrolled in a clinical laboratory training program approved pursuant to s. 483.811 and who is seeking experience required to meet minimum qualifications for licensing in this state. Trainees may perform procedures under direct and responsible supervision of duly licensed clinical laboratory personnel, but they may not report test results.
(6) “Department” means the Department of Health.
(7) “Licensed practitioner of the healing arts” means a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461; a dentist licensed under chapter 466; or a person licensed under chapter 462.
(8) “Public health laboratory scientist” means any licensed director, supervisor, technologist, or technician engaged in laboratory testing of human specimens in a state, county, or municipal public health laboratory.
History.—s. 32, ch. 92-58; s. 175, ch. 94-218; s. 7, ch. 97-91; s. 164, ch. 97-264; s. 145, ch. 99-397; s. 100, ch. 2018-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.805 - Board of Clinical Laboratory Personnel.

483.805 Board of Clinical Laboratory Personnel.—
(1) There is created within the department the Board of Clinical Laboratory Personnel, composed of seven members appointed by the Governor and confirmed by the Senate.
(2)(a) Five members of the board shall be persons licensed under this part, as follows:
1. At least one member shall be a practicing clinical laboratory director.
2. At least two members shall be practicing clinical laboratory supervisors.
3. Two members shall be practicing clinical laboratory personnel.
(b) Two members of the board shall be citizens of the state who have never been licensed health care practitioners and who are not, and have never been, licensed as clinical laboratory personnel and who are in no way connected with the practice of such profession.
(3) Within 90 days after July 1, 1992, the Governor shall appoint two members for a term of 2 years, two members for a term of 3 years, and three members for a term of 4 years. As terms of the initial members expire, the Governor shall appoint successors for terms of 4 years and such terms shall expire on October 31. A member whose term has expired shall continue to serve on the board until such time as a replacement is appointed. No member shall serve for more than the remaining portion of a previous member’s unexpired term, plus two consecutive 4-year terms of the member’s own appointment thereafter.
(4) 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.
(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.—s. 32, ch. 92-58; s. 176, ch. 94-218; s. 135, ch. 98-166; s. 155, ch. 98-200; s. 195, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.807 - Fees; establishment; disposition.

483.807 Fees; establishment; disposition.—
(1) The board, by rule, shall establish fees to be paid for application, examination, reexamination, licensing and renewal, registration, laboratory training program application, reinstatement, and recordmaking and recordkeeping. The board may also establish, by rule, a delinquency fee. The board shall establish fees that are adequate to ensure the 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 departmental estimates of the revenue required to implement this part and the provisions of law with respect to the regulation of clinical laboratory personnel.
(2) The nonrefundable application fee may not exceed $200.
(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 may not exceed $200 plus the actual per applicant cost to the department for developing, administering, or procuring the licensure examination.
(4) The initial license fee may not exceed $100.
(5) The fee for licensure by endorsement may not exceed $100.
(6) The biennial renewal fee may not exceed $150.
(7) The fee for application for an inactive status license or for reactivation of an inactive status license may not exceed $50.
(8) The initial application fee for registration of a trainee shall not exceed $20.
(9) The initial application and renewal fee for approval as a laboratory training program may not exceed $300. The fee for late filing of a renewal application shall be $50.
(10) All fees shall be established, collected, and deposited in accordance with s. 456.025.
History.—s. 32, ch. 92-58; s. 243, ch. 94-119; s. 136, ch. 98-166; s. 146, ch. 99-397; s. 196, ch. 2000-160; s. 9, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.809 - Licensure; examinations; registration of trainees; approval of curricula.

483.809 Licensure; examinations; registration of trainees; approval of curricula.—
(1) LICENSING.—The department shall provide biennial licensure of all clinical laboratory personnel who the board certifies have met the requirements of this part. The license of any person who fails to pay a required fee or otherwise fails to qualify within 60 days after the date of expiration of such license shall be automatically canceled without notice or further proceedings unless the individual has made application for inactive status pursuant to s. 483.819.
(2) EXAMINATIONS.—The department shall conduct examinations required by board rules to determine in part the qualification of clinical laboratory personnel for licensure. The board by rule may designate a national certification examination that may be accepted in lieu of state examination for clinical laboratory personnel or public health scientists.
(3) REGISTRATION OF TRAINEES.—The department shall provide for registration of clinical laboratory trainees who are enrolled in a training program approved pursuant to s. 483.811, which registration may not be renewed except upon special authorization of the board.
(4) APPROVAL OF CURRICULUM IN SCHOOLS AND COLLEGES.—The board may approve the curriculum in schools and colleges offering education and training leading toward qualification for licensure under this part.
History.—s. 32, ch. 92-58; s. 165, ch. 97-264; s. 147, ch. 99-397.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.811 - Approval of laboratory personnel training programs.

483.811 Approval of laboratory personnel training programs.—
(1) The board shall approve clinical laboratories for training programs upon presentation of satisfactory evidence that such laboratories are adequately staffed by qualified personnel and comply with rules adopted by the board to ensure that such laboratories provide training in clinical laboratory techniques adequate to prepare individuals to meet the requirements for licensure under this part.
(2) The board shall adopt rules for training programs, including, but not limited to, rules relating to curriculum, educational objectives, evaluation procedures, personnel licensure requirements, preentry educational requirements, and length of clinical training.
(3) A clinical laboratory operated by one or more practitioners who hold the facilities of the laboratory out as available for the performance of diagnostic tests for other practitioners or their patients is subject to the provisions of this part.
(4) The board shall approve training programs for laboratory technicians in a hospital or clinical laboratory which programs are under the supervision of a clinical laboratory director. The training must be accepted in lieu of educational requirements for licensure, but a trainee must have a high school diploma or its equivalent. Any person who completes a training program must pass, before licensure, an examination given by the department.
(5) The department may inspect laboratory personnel training programs.
(6) If the board finds that an approved program no longer meets the required standards, the department may rescind the approval.
History.—s. 32, ch. 92-58; s. 22, ch. 93-178; s. 8, ch. 97-91; s. 5, ch. 2000-154.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.812 - Public health laboratory scientists; licensure.

483.812 Public health laboratory scientists; licensure.—
(1) Applicants at the director level in the category of public health shall qualify under s. 483.824.
(2) Applicants at the supervisor level in the category of public health who are certified by the National Registry in Clinical Chemistry or the American Society for Microbiology, licensed as a technologist, and have 5 years of pertinent clinical laboratory experience may qualify by passing the state-administered supervision and administration examination.
(3)(a) A technologist applicant for licensure in the category of public health microbiology, with a baccalaureate degree in one of the biological sciences from an accredited institution, may use the American Society for Microbiology or the National Registry in Microbiology Certification in Public Health Microbiology to qualify for a technologist license in public health microbiology. Such a technologist may work in a public health microbiology laboratory.
(b) A technologist applicant for licensure in the category of public health chemistry, with a baccalaureate degree in one of the chemical, biological, or physical sciences from an accredited institution, may use the National Registry of Clinical Chemistry Certification to qualify for a technologist license in public health chemistry. Such a technologist may work in a public health chemistry laboratory.
(c) A technician applicant for licensure in the category of public health, with a baccalaureate degree in one of the chemical or biological sciences from an accredited institution, may obtain a 2-year conditional public health technician license, which may be renewed once. Such a technician may perform testing only under the direct supervision of a licensed pathologist, director, supervisor, or technologist.
(4) A person licensed by the Board of Clinical Laboratory Personnel may work in a public health laboratory at the appropriate level and specialty.
History.—s. 166, ch. 97-264; s. 148, ch. 99-397.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.813 - Clinical laboratory personnel license.

483.813 Clinical laboratory personnel license.—A person may not conduct a clinical laboratory examination or report the results of such examination unless such person is licensed under this part to perform such procedures. However, this provision does not apply to any practitioner of the healing arts authorized to practice in this state. The department may grant a temporary license to any candidate it deems properly qualified, for a period not to exceed 1 year.
History.—s. 32, ch. 92-58; s. 9, ch. 97-91; s. 167, ch. 97-264; s. 149, ch. 99-397; s. 101, ch. 2018-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.815 - Application for clinical laboratory personnel license.

483.815 Application for clinical laboratory personnel license.—An application for a clinical laboratory personnel license shall be made under oath on forms provided by the department and shall be accompanied by payment of fees as provided by this part. A license may be issued authorizing the performance of procedures of one or more categories.
History.—s. 32, ch. 92-58.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.817 - Renewal of clinical laboratory personnel license.

483.817 Renewal of clinical laboratory personnel license.—
(1) The department shall renew a license upon receipt of a renewal application and fee and upon certification by the board that the licensee has demonstrated her or his competence.
(2) The board shall adopt rules establishing a procedure for the biennial renewal of clinical laboratory personnel licenses.
History.—s. 32, ch. 92-58; s. 244, ch. 94-119; s. 441, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.819 - Inactive status.

483.819 Inactive status.—
(1) A licensee may request that her or his license be placed in an inactive status by making application to the department and paying a fee in an amount set by the board.
(2) A license that has been inactive for more than 1 year may be reactivated upon application to the department. The board shall prescribe, by rule, continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 15 classroom hours for each year the license was inactive and in no event may exceed 65 classroom hours for all years in which the license was inactive.
History.—s. 32, ch. 92-58; s. 245, ch. 94-119; s. 442, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.821 - Periodic demonstration of competency; continuing education or reexamination.

483.821 Periodic demonstration of competency; continuing education or reexamination.—
(1) As part of the license renewal procedure, the board, by rule, shall require each licensee periodically to demonstrate her or his competency by completing, each 2 years, not less than 10 or more than 30 hours of continuing education in programs approved by the board.
(2) The board may allow a licensee to demonstrate her or his competency by reexamination in lieu of satisfying the continuing education requirement.
(3) The board may, by rule, provide for continuing education or retraining requirements for candidates failing an examination two or more times.
History.—s. 32, ch. 92-58; s. 443, ch. 97-103; s. 150, ch. 99-397.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.823 - Qualifications of clinical laboratory personnel.

483.823 Qualifications of clinical laboratory personnel.—
(1) The board shall prescribe minimal qualifications for clinical laboratory personnel and shall issue a license to any person who meets the minimum qualifications and who demonstrates that she or he possesses the character, training, and ability to qualify in those areas for which the license is sought.
(2) Personnel qualifications may require appropriate education, training, or experience or the passing of an examination in appropriate subjects or any combination of these, but a practitioner of the healing arts licensed to practice in this state is not required to obtain any license or to pay any fee under this part.
History.—s. 32, ch. 92-58; s. 444, ch. 97-103; s. 168, ch. 97-264; s. 102, ch. 2018-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.824 - Qualifications of clinical laboratory director.

483.824 Qualifications of clinical laboratory director.—A clinical laboratory director must have 4 years of clinical laboratory experience with 2 years of experience in the specialty to be directed or be nationally board certified in the specialty to be directed, and must meet one of the following requirements:
(1) Be a physician licensed under chapter 458 or chapter 459;
(2) Hold an earned doctoral degree in a chemical, physical, or biological science from an institutionally accredited institution and maintain national certification requirements equal to those required by the federal Health Care Financing Administration; or
(3) For the subspecialty of oral pathology, be a physician licensed under chapter 458 or chapter 459 or a dentist licensed under chapter 466.
History.—s. 10, ch. 97-91; s. 151, ch. 99-397; s. 65, ch. 2000-318; s. 18, ch. 2022-71.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part I - Clinical Laboratory Personnel (Ss. 483.800-483.828) › 483.828 - Penalties for violations.

483.828 Penalties for violations.—
(1) 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:
(a) Practicing as clinical laboratory personnel without an active license.
(b) Using or attempting to use a license to practice as clinical laboratory personnel which is suspended or revoked.
(c) Attempting to obtain or obtaining a license to practice as clinical laboratory personnel by knowing misrepresentation.
(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Knowingly concealing information relating to violations of this part.
(b) Making any willfully false oath or affirmation whenever an oath or affirmation is required by this part.
(c) Leading the public to believe that one is licensed as clinical laboratory personnel, or is engaged in licensed practice as clinical laboratory personnel, without holding a valid, active license.
History.—s. 170, ch. 97-264; s. 59, ch. 2000-318.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.911 - Short title.

483.911 Short title.—This part may be cited as the “Genetic Counseling Workforce Act.”
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.912 - Legislative findings and intent.

483.912 Legislative findings and intent.—The sole legislative purpose for enacting this part is to ensure that every genetic counselor practicing in this state meets minimum requirements for safe practice. The Legislature finds that the delivery of genetic counseling services by unskilled and incompetent persons presents a danger to public health and safety. Because it is difficult for the public to make informed choices related to genetic counseling services and since the consequences of uninformed choices can seriously endanger public health and safety, it is the intent of the Legislature to prohibit the delivery of genetic counseling services by persons who possess less than minimum competencies or who otherwise present a danger to the public.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.913 - Definitions.

483.913 Definitions.—As used in this part, the term:
(1) “Department” means the Department of Health.
(2) “Genetic counselor” means a person licensed under this part to practice genetic counseling.
(3) “Scope of practice of genetic counseling” means the process of advising an individual or a family affected by or at risk of genetic disorders, including:
(a) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, and other family members;
(b) Discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases;
(c) Identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies as appropriate for a genetic assessment;
(d) Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases;
(e) Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;
(f) Evaluating the client’s or family’s responses to the condition or risk of recurrence and providing client-centered counseling and anticipatory guidance;
(g) Identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy;
(h) Providing written documentation of medical, genetic, and counseling information for families and health care professionals; and
(i) Referring patients to a physician for diagnosis and treatment.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.914 - Licensure requirements.

483.914 Licensure requirements.—
(1) Any person desiring to be licensed as a genetic counselor under this part must apply to the department on a form approved by department rule.
(2) The department shall issue a license, valid for 2 years, to each applicant who:
(a) Has completed an application.
(b) Is of good moral character.
(c) Provides satisfactory documentation of having earned:
1. A master’s degree from a genetic counseling training program or its equivalent as determined by the Accreditation Council of Genetic Counseling or its successor or an equivalent entity; or
2. A doctoral degree from a medical genetics training program accredited by the American Board of Medical Genetics and Genomics or the Canadian College of Medical Geneticists.
(d) Has passed the examination for certification as:
1. A genetic counselor by the American Board of Genetic Counseling, Inc., the American Board of Medical Genetics and Genomics, or the Canadian Association of Genetic Counsellors; or
2. A medical or clinical geneticist by the American Board of Medical Genetics and Genomics or the Canadian College of Medical Geneticists.
(3) The department may issue a temporary license for up to 2 years to an applicant who meets all requirements for licensure except for the certification examination requirement imposed under paragraph (2)(d) and is eligible to sit for that certification examination.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.915 - Licensure renewal and continuing education requirements.

483.915 Licensure renewal and continuing education requirements.—
(1) The department shall renew a license upon receipt of a renewal application.
(2) The department shall adopt by rule continuing education requirements consistent with nationally accepted standards of the American Board of Genetic Counseling, Inc.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.916 - Prohibitions; penalties.

483.916 Prohibitions; penalties.—
(1) A person may not:
(a) Make a false or fraudulent statement in any application, affidavit, or statement presented to the department.
(b) Practice genetic counseling or hold himself or herself out as a genetic counselor or as being able to practice genetic counseling or to render genetic counseling services without a license issued under this part unless exempt from licensure under this part.
(c) Use the title “genetic counselor” or any other title, designation, words, letters, abbreviations, or device tending to indicate that the person is authorized to practice genetic counseling unless that person holds a current license as a genetic counselor issued under this part or is exempt from licensure under this part.
(2) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.918 - Conscience clause.

483.918 Conscience clause.—This part may not be construed to require any genetic counselor to participate in counseling that conflicts with his or her deeply held moral or religious beliefs. The licensing of a genetic counselor may not be contingent upon participation in such counseling. A counselor’s refusal to participate in counseling that conflicts with his or her deeply held moral or religious beliefs may not form the basis for any claim of damages or for any disciplinary action against the genetic counselor, provided the genetic counselor informs the patient that he or she will not participate in such counseling and offers to direct the patient to the online health care practitioner license verification database maintained by the department.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 483 - Health Testing Services › Part III - Genetic Counseling (Ss. 483.911-483.919) › 483.919 - Exemptions.

483.919 Exemptions.—This part does not apply to:
(1) Commissioned medical officers of the United States Armed Forces or the United States Public Health Service while on active duty or while acting within the scope of their military or public health responsibilities.
(2) A health care practitioner as defined in s. 456.001, other than a genetic counselor licensed under this part, who is practicing within the scope of his or her training, education, and licensure and who is doing work of a nature consistent with such training, education, and licensure.
History.—s. 1, ch. 2021-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.001 - Purpose; legislative findings; intent.

484.001 Purpose; legislative findings; intent.—
(1) The Legislature finds that the practice of opticianry by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature finds further that it is difficult for the public to make an informed choice about opticians and that the consequences of a wrong choice could seriously endanger their health and safety. The only way to protect the public from the incompetent practice of opticianry is through the establishment of minimum qualifications for entry into the profession and through swift and effective discipline for those practitioners who violate the law.
(2) The sole purpose of enacting this part is for the protection of the public health, safety, and welfare.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 1, 11, 12, ch. 86-254; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.003 - Board of Opticianry; membership; appointment; terms.

484.003 Board of Opticianry; membership; appointment; terms.—
(1) The Board of Opticianry is created within the Department of Health and shall consist of seven members to be appointed by the Governor and confirmed by the Senate.
(2) Five members of the board must be licensed opticians. The remaining two members must be residents of the state who never have been licensed as opticians and who are in no way connected with the practice of opticianry. At least one member of the board must be 60 years of age or older.
(3) Members shall be appointed for terms of 4 years.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; s. 99, ch. 83-218; ss. 11, 12, ch. 86-254; s. 24, ch. 87-172; s. 4, ch. 91-429; s. 2, ch. 94-192; s. 178, ch. 94-218; s. 139, ch. 98-166.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.004 - Board headquarters.

484.004 Board headquarters.—The board shall maintain its official headquarters in the City of Tallahassee.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 11, 12, ch. 86-254; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.005 - Authority to make rules.

484.005 Authority to make rules.—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. Such rules shall include, but not be limited to, rules relating to:
(1) A standard of practice for opticians licensed pursuant to this part.
(2) Minimum equipment which shall be utilized to prepare, fit, measure, and dispense lenses, spectacles, eyeglasses, contact lenses, and other optical devices allowed under the practice of opticianry.
(3) Procedures for transfer of prescription files upon the going out of business of an optician, corporation, or other person.
(4) A standard of practice for filling prescriptions for contact lenses and fitting, adapting, and dispensing contact lenses.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 3, 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 156, ch. 98-200.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.006 - Certain rules prohibited.

484.006 Certain rules prohibited.—
(1) No rule or policy of the board shall prohibit any optician from offering a discount in any form or manner in conjunction with the practice of opticianry or from advertising, either directly or indirectly by any means whatsoever, any definite or indefinite price or credit terms on prescriptive or corrective lenses, frames, complete prescriptive or corrective glasses, or other opticianry service.
(2) No rule or policy of the board shall prohibit any optician from practicing jointly with optometrists or allopathic or osteopathic physicians licensed in this state.
(3) No rule or policy of the board shall prohibit the sale of spectacles for reading purposes; toy glasses; goggles or sunglasses consisting of plano white, plano colored, or plano tinted glasses; or readymade nonprescription glasses; nor shall anything in this part be construed to affect in any way the manufacturing and sale of plastic or glass artificial eyes or any person engaged in the manufacturing or sale of plastic or glass artificial eyes.
(4) No rule or policy of the board shall prohibit any optician licensed under this part from engaging in the practice of opticianry with, or in the employ of, any partnership, corporation, lay body, organization, group, or individual.
(5) No rule or policy of the board shall prohibit the location of offices or branch offices by an optician.
(6) No rule or policy of the board shall prohibit the practice of opticianry under a trade name or service mark.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 118, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.008 - Renewal of license.

484.008 Renewal of license.—
(1) The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $350.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3) The board may by rule prescribe continuing education, not to exceed 20 hours biennially, as a condition for renewal of a license or certificate. The criteria for such programs or courses shall be approved by the board. All education programs which contribute to the advancement, extension, or enhancement of professional skills and knowledge, whether conducted by a nonprofit or a profitmaking entity, are eligible for approval. The board may establish by rule an application fee not to exceed $200 for anyone seeking approval to provide continuing education courses and may provide by rule for a fee not to exceed $200 for renewal of providership.
(4) The board may excuse any licensee or group of licensees from the continuing education requirement, until the licensee or group of licensees is capable of fulfilling the continuing education requirement, if an unusual circumstance, emergency, or hardship prevented the licensee or group of licensees from complying with such requirement.
History.—ss. 1, 5, ch. 79-275; s. 4, ch. 80-291; ss. 2, 3, ch. 81-318; ss. 11, 12, ch. 86-254; s. 1, ch. 87-335; s. 29, ch. 88-205; s. 59, ch. 89-162; s. 4, ch. 91-429; s. 246, ch. 94-119.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.009 - Inactive status.

484.009 Inactive status.—
(1) A license that has become inactive may be reactivated under s. 484.008 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license may not exceed 12 classroom hours for each year the license was inactive.
(2) The board shall promulgate rules relating to licenses which have become inactive and for the renewal of inactive licenses. The board shall prescribe by rule a fee not to exceed $200 for the reactivation of an inactive license and a fee not to exceed $50 for the renewal of an inactive license.
History.—ss. 1, 5, ch. 79-275; s. 360, ch. 81-259; ss. 2, 3, ch. 81-318; s. 114, ch. 83-329; ss. 11, 12, ch. 86-254; s. 60, ch. 89-162; s. 4, ch. 91-429; s. 247, ch. 94-119.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.011 - Supportive personnel.

484.011 Supportive personnel.—No person other than a licensed optician may engage in the practice of opticianry, except that a licensed optician may delegate to nonlicensed supportive personnel those duties, tasks, and functions which fall within the purview of s. 484.002(3). All such delegated acts shall be performed under the direct supervision of a licensed optician, who shall be responsible for all such acts performed by persons under her or his supervision.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; s. 35, ch. 82-179; ss. 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 447, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.012 - Prescriptions; filing; duplication of prescriptions; duplication of lenses.

484.012 Prescriptions; filing; duplication of prescriptions; duplication of lenses.—
(1) Any prescription written by a duly licensed allopathic or osteopathic physician or optometrist for any lenses, spectacles, eyeglasses, contact lenses, or other optical devices shall be kept on file for a period of 2 years with the optical establishment that fills such prescription. However, the licensed optician may maintain a copy of the prescription.
(2) Upon request by the intended user of the prescribed lenses, spectacles, eyeglasses, contact lenses, or other optical devices, or by an agent of the intended user, the optician who fills the original prescription shall duplicate, on a form prescribed by rule of the board, the original prescription. However, for medical reasons only, the prescribing allopathic or osteopathic physician or optometrist may, upon the original prescription, prohibit its duplication. Any duplication shall be considered a valid prescription to be filled for a period of 5 years from the date of the original prescription, except that a contact lens prescription shall be considered a valid prescription to be filled for a period of 2 years from the date of the original prescription.
(3) Nothing in this part shall be construed to prohibit a licensed optician from accurately duplicating lenses as to power without a prescription.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 5, 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 119, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.013 - Violations and penalties.

484.013 Violations and penalties.—
(1) It is unlawful for any person:
(a) To make a false or fraudulent statement, either for herself or himself or for another person, in any application, affidavit, or statement presented to the board or in any proceeding before the board.
(b) To prepare or dispense lenses, spectacles, eyeglasses, contact lenses, or other optical devices when such person is not licensed as an optician in this state.
(c) To prepare or dispense lenses, spectacles, eyeglasses, contact lenses, or other optical devices without first being furnished with a prescription as provided for in s. 484.012.
(2) It is unlawful for any person other than an optician licensed under this part to use the title “optician” or otherwise lead the public to believe that she or he is engaged in the practice of opticianry.
(3) It is unlawful for any optician to engage in the diagnosis of the human eyes, attempt to determine the refractive powers of the human eyes, or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings.
(4) It is unlawful for any person to open or operate, either alone or with any other person or persons, an optical establishment which does not have the permit required by this part.
(5)(a) Except as otherwise provided in paragraph (b), a person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who knowingly violates paragraph (1)(c) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 6, 11, 12, ch. 86-254; s. 115, ch. 91-224; s. 4, ch. 91-429; s. 4, ch. 94-192; s. 448, ch. 97-103; s. 120, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.015 - Authority to inspect.

484.015 Authority to inspect.—Duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours an establishment of any kind in the state in which lenses, spectacles, eyeglasses, contact lenses, and any other optical devices are prepared or dispensed, for the purposes of:
(1) Determining if any provision of this part, or any rule promulgated under its authority, is being violated;
(2) Securing samples or specimens of any lenses, spectacles, eyeglasses, contact lenses, or other optical devices, after paying or offering to pay for such sample or specimen; or
(3) Securing such other evidence as may be needed for prosecution under this part.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 8, 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 122, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.017 - Reciprocity.

484.017 Reciprocity.—In order to ensure that opticians licensed in this state may be licensed in other states, the board may enter into reciprocity agreements with other states.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 11, 12, ch. 86-254; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part I - Preparing and Dispensing of Eyeglasses and Other Optical Devices (Ss. 484.001-484.018) › 484.018 - Exceptions.

484.018 Exceptions.—
(1) Nothing in this part shall be construed to prevent a person licensed in this state as a physician or as an optometrist from performing those services she or he is licensed to perform.
(2) Nothing in this part shall be construed to mean that an employee of a licensed physician or a licensed optometrist shall be required to secure a license under this part, so long as the employee is working exclusively for, and under the direct supervision of, the licensed physician or optometrist and does not hold herself or himself out to the public generally as an optician.
(3) Nothing in this part shall be construed to mean that a practitioner licensed under chapter 458, chapter 459, or chapter 463 shall be required to secure a permit under this part for the operation of an optical establishment.
History.—ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 11, 12, ch. 86-254; s. 4, ch. 91-429; s. 6, ch. 94-192; s. 450, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 484 - Dispensing of Optical Devices and Hearing AIDS › Part II - Fitting and Dispensing of Hearing AIDS (Ss. 484.0401-484.059) › 484.0401 - Purpose.

484.0401 Purpose.—The Legislature recognizes that the dispensing of prescription hearing aids requires particularized knowledge and skill to ensure that the interests of the hearing-impaired public will be adequately served and safely protected. It recognizes that a poorly selected or fitted prescription hearing aid not only will give little satisfaction but may interfere with hearing ability and, therefore, deems it necessary in the interest of the public health, safety, and welfare to regulate the dispensing of prescription hearing aids in this state. Restrictions on the fitting and selling of prescription hearing aids shall be imposed only to the extent necessary to protect the public from physical and economic harm, and restrictions shall not be imposed in a manner which will unreasonably affect the competitive market.
History.—ss. 1, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 1, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 24, ch. 2023-71.