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Questions and Answers
What is the legislative intent regarding the engagement in lawful professions regulated by the department?
What is the legislative intent regarding the engagement in lawful professions regulated by the department?
entitled
The unregulated practice of certain professions can __________ the health, safety, and welfare of the public.
The unregulated practice of certain professions can __________ the health, safety, and welfare of the public.
harm or endanger
The public is not effectively _______ by other means, including state statutes or local ordinances.
The public is not effectively _______ by other means, including state statutes or local ordinances.
protected
Less __________ means of regulation are not available.
Less __________ means of regulation are not available.
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The term ___________ with respect to the activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes.
The term ___________ with respect to the activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes.
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There should be no creation of ____________ and extraordinary standards that deter qualified persons from entering various professions.
There should be no creation of ____________ and extraordinary standards that deter qualified persons from entering various professions.
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A ___________ that has an unreasonable effect on job creation or job retention is not permissible.
A ___________ that has an unreasonable effect on job creation or job retention is not permissible.
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The Legislature shall ___________ to increase the regulation of regulated professions or occupations.
The Legislature shall ___________ to increase the regulation of regulated professions or occupations.
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Policies adopted by the department shall ensure that all expenditures are made in the most _____________________.
Policies adopted by the department shall ensure that all expenditures are made in the most _____________________.
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The duties conferred on the boards do not include the contravention of the lawful scope of practice of the profession regulated by the boards, except for taking ___________________.
The duties conferred on the boards do not include the contravention of the lawful scope of practice of the profession regulated by the boards, except for taking ___________________.
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The department shall adopt rules establishing a procedure for the _________________.
The department shall adopt rules establishing a procedure for the _________________.
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The department shall appoint the ___________________ of each board.
The department shall appoint the ___________________ of each board.
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The department shall submit an __________ to the Legislature.
The department shall submit an __________ to the Legislature.
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The department shall develop a _______________ for persons newly appointed to membership on any board.
The department shall develop a _______________ for persons newly appointed to membership on any board.
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The department shall adopt rules to _____ the provisions of this chapter.
The department shall adopt rules to _____ the provisions of this chapter.
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The department shall use the _____________ of the appropriate board for investigations.
The department shall use the _____________ of the appropriate board for investigations.
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All proceedings of any board or panel must be ___________________ for accurate transcription.
All proceedings of any board or panel must be ___________________ for accurate transcription.
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The department shall select only those __________ for investigations who meet established criteria.
The department shall select only those __________ for investigations who meet established criteria.
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Each board under the jurisdiction of the department may be contacted through the headquarters located in the ______________________________.
Each board under the jurisdiction of the department may be contacted through the headquarters located in the ______________________________.
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Board members must not have a connection with any medical college, dental college, or community college that represents their _____________.
Board members must not have a connection with any medical college, dental college, or community college that represents their _____________.
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To whom shall each board member be accountable for the proper performance of their duties?
To whom shall each board member be accountable for the proper performance of their duties?
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What's the minimum period covered for long-range policy planning for each profession?
What's the minimum period covered for long-range policy planning for each profession?
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The department shall evaluate whether the various professions are __________.
The department shall evaluate whether the various professions are __________.
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The department shall evaluate whether there is a need to _________ regulation.
The department shall evaluate whether there is a need to _________ regulation.
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The evaluation includes whether consumer protection is __________.
The evaluation includes whether consumer protection is __________.
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The evaluation shall determine if there is ___________ between various practice acts.
The evaluation shall determine if there is ___________ between various practice acts.
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The department shall evaluate whether unlicensed activity is adequately _______________.
The department shall evaluate whether unlicensed activity is adequately _______________.
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What is the required number of continuing education hours every 2 years?
What is the required number of continuing education hours every 2 years?
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The boards shall require the completion of a __________________ relating to prevention of medical errors as part of the licensure and renewal process.
The boards shall require the completion of a __________________ relating to prevention of medical errors as part of the licensure and renewal process.
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The respective boards may adopt rules to provide for the use of approved videocassette courses, not to exceed ________________, to fulfill the continuing education requirements.
The respective boards may adopt rules to provide for the use of approved videocassette courses, not to exceed ________________, to fulfill the continuing education requirements.
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Continuing education requirements state that a maximum of ___________ can be fulfilled by the performance of pro-bono services.
Continuing education requirements state that a maximum of ___________ can be fulfilled by the performance of pro-bono services.
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An elected official licensed under a practice act may hold employment with any public agency concurrently with public service.
An elected official licensed under a practice act may hold employment with any public agency concurrently with public service.
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Each party is required to provide his or her ________________ in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act.
Each party is required to provide his or her ________________ in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act.
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The department shall __________________ the initial application fee for a military veteran or their spouse at the time of discharge.
The department shall __________________ the initial application fee for a military veteran or their spouse at the time of discharge.
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An application for initial licensure shall include ________________ pursuant to procedures established by the department.
An application for initial licensure shall include ________________ pursuant to procedures established by the department.
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All fingerprints submitted shall be retained by the _______________________ as provided by law.
All fingerprints submitted shall be retained by the _______________________ as provided by law.
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The costs of fingerprint processing shall be borne by the _____________ subject to the background screening.
The costs of fingerprint processing shall be borne by the _____________ subject to the background screening.
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All fingerprints received under this section shall be _____________ in to the Care Provider Background Screening Clearinghouse.
All fingerprints received under this section shall be _____________ in to the Care Provider Background Screening Clearinghouse.
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All information required by the department from any applicant shall be a __________________ and shall be open to public inspection.
All information required by the department from any applicant shall be a __________________ and shall be open to public inspection.
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The department shall establish by rule the procedure by which an applicant, and the applicant's attorney, ________________ examination questions and answers.
The department shall establish by rule the procedure by which an applicant, and the applicant's attorney, ________________ examination questions and answers.
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An applicant shall be deemed ineligible for a temporary license if the applicant has been ____________ or pled nolo contendere to, any felony or misdemeanor related to the practice of a health care profession.
An applicant shall be deemed ineligible for a temporary license if the applicant has been ____________ or pled nolo contendere to, any felony or misdemeanor related to the practice of a health care profession.
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Unless an applicant notifies the department at least _______ prior to an examination hearing, the department may require payment of costs.
Unless an applicant notifies the department at least _______ prior to an examination hearing, the department may require payment of costs.
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An applicant shall be deemed ineligible for a temporary license if the applicant has had a health care provider license ________________ from another of the United States, the District of Columbia, or a United States territory.
An applicant shall be deemed ineligible for a temporary license if the applicant has had a health care provider license ________________ from another of the United States, the District of Columbia, or a United States territory.
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The use of retired professionals in good standing to serve critical need populations is discouraged.
The use of retired professionals in good standing to serve critical need populations is discouraged.
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An applicant shall be deemed ineligible for a temporary license if the applicant has been reported to the ________________, unless the applicant has successfully appealed to have his or her name removed from the data bank.
An applicant shall be deemed ineligible for a temporary license if the applicant has been reported to the ________________, unless the applicant has successfully appealed to have his or her name removed from the data bank.
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Any person desiring to obtain a limited license shall ___________ to the board an application and fee, not to exceed ________.
Any person desiring to obtain a limited license shall ___________ to the board an application and fee, not to exceed ________.
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An applicant shall be deemed ineligible for a temporary license if the applicant has previously _________ the Florida examination required to receive a license to practice the profession.
An applicant shall be deemed ineligible for a temporary license if the applicant has previously _________ the Florida examination required to receive a license to practice the profession.
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What is the license status if it is revoked?
What is the license status if it is revoked?
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The board may deny limited licensure to an applicant under investigation for any act constituting grounds for discipline.
The board may deny limited licensure to an applicant under investigation for any act constituting grounds for discipline.
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All costs of regulating health care professions and practitioners shall be borne solely by licensees and licensure _______________.
All costs of regulating health care professions and practitioners shall be borne solely by licensees and licensure _______________.
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The recipient of a ____________ may practice only in the employ of public agencies or institutions.
The recipient of a ____________ may practice only in the employ of public agencies or institutions.
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The boards shall, by rule, set renewal fees which shall be based on ____________ prepared using generally accepted accounting procedures.
The boards shall, by rule, set renewal fees which shall be based on ____________ prepared using generally accepted accounting procedures.
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A board may provide by rule for supervision of limited licensees to _____________ the health, safety, and welfare of the public.
A board may provide by rule for supervision of limited licensees to _____________ the health, safety, and welfare of the public.
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The boards shall set renewal fees which shall be adequate to ___________ relating to that board identified in the department's long-range policy plan.
The boards shall set renewal fees which shall be adequate to ___________ relating to that board identified in the department's long-range policy plan.
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Each applicant granted a limited license is subject to _______________ of chapter and respective practice act.
Each applicant granted a limited license is subject to _______________ of chapter and respective practice act.
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This section applies to chapter 458 or chapter 459.
This section applies to chapter 458 or chapter 459.
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The boards shall set renewal fees which shall be reasonable, fair, and not serve as a __________ to licensure.
The boards shall set renewal fees which shall be reasonable, fair, and not serve as a __________ to licensure.
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The department may use a _______________ to prepare and evaluate any computerized examination.
The department may use a _______________ to prepare and evaluate any computerized examination.
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The boards shall set renewal fees which shall be based on ______________ from working under the scope of the license.
The boards shall set renewal fees which shall be based on ______________ from working under the scope of the license.
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The department shall _____________ that examinations developed adequately measure an applicant's ability to practice their profession.
The department shall _____________ that examinations developed adequately measure an applicant's ability to practice their profession.
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The boards shall set renewal fees which shall be similar to _____ imposed on similar licensure types.
The boards shall set renewal fees which shall be similar to _____ imposed on similar licensure types.
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The board shall specify the_________________ to be covered by each examination.
The board shall specify the_________________ to be covered by each examination.
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The renewal fees shall not be more than __________ than the actual cost to regulate that profession for the previous biennium.
The renewal fees shall not be more than __________ than the actual cost to regulate that profession for the previous biennium.
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Each board or the department may charge a fee not to exceed __________ for the issuance of a wall certificate.
Each board or the department may charge a fee not to exceed __________ for the issuance of a wall certificate.
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How often shall the chairpersons of the boards meet to review the long-range policy plan?
How often shall the chairpersons of the boards meet to review the long-range policy plan?
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If sufficient action is not taken by a board within ______________ after notification, the department shall set license fees on behalf of the applicable board.
If sufficient action is not taken by a board within ______________ after notification, the department shall set license fees on behalf of the applicable board.
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What evidence shall be treated as evidence of the applicant's preparation for successful professional practice?
What evidence shall be treated as evidence of the applicant's preparation for successful professional practice?
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The ______________ for the examinations offered under subsection (2) shall be established by the department.
The ______________ for the examinations offered under subsection (2) shall be established by the department.
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The department shall ___________________ who meets the requirements of subsections (1) and (2).
The department shall ___________________ who meets the requirements of subsections (1) and (2).
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The examinations offered under subsection (2) may be given in the ____________________.
The examinations offered under subsection (2) may be given in the ____________________.
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The department ___________________ an initial license to, or renew a license of, any applicant or licensee who is under investigation.
The department ___________________ an initial license to, or renew a license of, any applicant or licensee who is under investigation.
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A professional of any other state or jurisdiction is exempt from licensure if that person _________ an active license to practice that profession.
A professional of any other state or jurisdiction is exempt from licensure if that person _________ an active license to practice that profession.
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A professional is exempt if they engage in the active practice of that profession outside the state, which is known as ____________.
A professional is exempt if they engage in the active practice of that profession outside the state, which is known as ____________.
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A professional is exempt if they are ___________ in that professional capacity by a sports entity visiting the state.
A professional is exempt if they are ___________ in that professional capacity by a sports entity visiting the state.
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A professional's practice under this section is limited to the members, coaches, and staff of the team for which that professional is ______________________.
A professional's practice under this section is limited to the members, coaches, and staff of the team for which that professional is ______________________.
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A member of the Armed Forces who was in ________________ with any administrative board or the department shall be kept in good standing.
A member of the Armed Forces who was in ________________ with any administrative board or the department shall be kept in good standing.
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The boards shall adopt rules _______________ of members of the Armed Forces from licensure renewal provisions.
The boards shall adopt rules _______________ of members of the Armed Forces from licensure renewal provisions.
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A health care practitioner in the Armed Forces is ___________________ in this state.
A health care practitioner in the Armed Forces is ___________________ in this state.
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The person must submit a _______________________ to be issued a license.
The person must submit a _______________________ to be issued a license.
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The individual must receive an honorable discharge within _________ before, or will receive within ___________ after, the application date.
The individual must receive an honorable discharge within _________ before, or will receive within ___________ after, the application date.
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The applicant must hold a license issued by _______________, the District of Columbia, or a territory and not had disciplinary action within the ____________ preceding application.
The applicant must hold a license issued by _______________, the District of Columbia, or a territory and not had disciplinary action within the ____________ preceding application.
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The board must issue a license provided the applicant is not the subject of a __________ in any jurisdiction.
The board must issue a license provided the applicant is not the subject of a __________ in any jurisdiction.
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The applicant must have actively practiced the profession for ____________ the date of submission.
The applicant must have actively practiced the profession for ____________ the date of submission.
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The applicant must submit a ______________ for a background screening if required.
The applicant must submit a ______________ for a background screening if required.
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The department shall verify information submitted by the applicant using the _______________.
The department shall verify information submitted by the applicant using the _______________.
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Each applicant who ____________________ of this subsection shall be licensed with all rights and responsibilities.
Each applicant who ____________________ of this subsection shall be licensed with all rights and responsibilities.
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An applicant must submit required information no later than _____ after the license is issued.
An applicant must submit required information no later than _____ after the license is issued.
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The board may issue a temporary professional license to the spouse of an active duty member who submits a _______________.
The board may issue a temporary professional license to the spouse of an active duty member who submits a _______________.
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The applicant must pay the required ______________; to receive the temporary license.
The applicant must pay the required ______________; to receive the temporary license.
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The applicant must provide proof that they are ____________ to a member of the Armed Forces on active duty.
The applicant must provide proof that they are ____________ to a member of the Armed Forces on active duty.
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The applicant must provide proof of a valid license from ____________, the _____________, or a _______________.
The applicant must provide proof of a valid license from ____________, the _____________, or a _______________.
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Proof of the applicant's spouse being assigned to___________ in this state pursuant to active duty orders is required.
Proof of the applicant's spouse being assigned to___________ in this state pursuant to active duty orders is required.
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The applicant must also provide proof of entitlement to full licensure under the_______ and eligibility to take licensure examination.
The applicant must also provide proof of entitlement to full licensure under the_______ and eligibility to take licensure examination.
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The applicant must submit a complete set of fingerprints for conducting a ______________________.
The applicant must submit a complete set of fingerprints for conducting a ______________________.
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Each board shall _____________ of criminal history checks when granting an exemption.
Each board shall _____________ of criminal history checks when granting an exemption.
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The applicant shall _____________ of fingerprint processing fees.
The applicant shall _____________ of fingerprint processing fees.
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The department shall set _________________, which may not exceed the cost of issuing the license.
The department shall set _________________, which may not exceed the cost of issuing the license.
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A temporary license expires ________ after issuance and is not renewable.
A temporary license expires ________ after issuance and is not renewable.
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An applicant for a ____ under this subsection is subject to specific requirements.
An applicant for a ____ under this subsection is subject to specific requirements.
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Providers of examinations seeking certification shall pay the ___________ incurred by the department in making a determination regarding the certification.
Providers of examinations seeking certification shall pay the ___________ incurred by the department in making a determination regarding the certification.
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Neither the board nor the department may administer a state-developed _____________________ if a national examination has been certified by the department.
Neither the board nor the department may administer a state-developed _____________________ if a national examination has been certified by the department.
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The board, or the department when there is no board, ________________ a state-developed practical or clinical examination, as required by the applicable practice act.
The board, or the department when there is no board, ________________ a state-developed practical or clinical examination, as required by the applicable practice act.
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It is the intent of the Legislature to_____________ associated with state examinations.
It is the intent of the Legislature to_____________ associated with state examinations.
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Each board, or the department when there is no board, shall __________ regarding the security and monitoring of examinations.
Each board, or the department when there is no board, shall __________ regarding the security and monitoring of examinations.
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The department shall ____________________ that ensure security of a shared exam.
The department shall ____________________ that ensure security of a shared exam.
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The department may ______________ necessary to administer this subsection.
The department may ______________ necessary to administer this subsection.
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The board, or the department when there is no board, shall adopt rules providing for __________________ of any applicants who failed an examination.
The board, or the department when there is no board, shall adopt rules providing for __________________ of any applicants who failed an examination.
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An accurate record of each applicant's examination questions, answers, papers, grades, and grading key shall be kept for a period of not less than _____________________________.
An accurate record of each applicant's examination questions, answers, papers, grades, and grading key shall be kept for a period of not less than _____________________________.
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Meetings held for the exclusive purpose of creating or reviewing licensure examination questions are __________ from the provisions of s. 286.011.
Meetings held for the exclusive purpose of creating or reviewing licensure examination questions are __________ from the provisions of s. 286.011.
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Each board, or the department when there is no board, may provide licensure examinations in an applicant's ______________________.
Each board, or the department when there is no board, may provide licensure examinations in an applicant's ______________________.
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An applicant may be required by a board, or the department when there is no board, to__________________ in state laws and rules relating to the applicable practice act.
An applicant may be required by a board, or the department when there is no board, to__________________ in state laws and rules relating to the applicable practice act.
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The department may post ___________________ on the Internet in lieu of mailing the scores to each applicant.
The department may post ___________________ on the Internet in lieu of mailing the scores to each applicant.
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The theft of an examination in whole or in part constitutes a ______________________.
The theft of an examination in whole or in part constitutes a ______________________.
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A person is ___________________ from practicing an occupation or profession regulated by the state solely because she or he is __________________.
A person is ___________________ from practicing an occupation or profession regulated by the state solely because she or he is __________________.
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It is the declared purpose of this section to encourage the use of ______________________________duly qualified to become actively qualified in their professions.
It is the declared purpose of this section to encourage the use of ______________________________duly qualified to become actively qualified in their professions.
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Any person who has successfully completed, or is currently enrolled in, an approved course of study shall be _____________________ for examination and reexaminations for a professional or occupational license.
Any person who has successfully completed, or is currently enrolled in, an approved course of study shall be _____________________ for examination and reexaminations for a professional or occupational license.
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Each board within the department shall _________________ designed to qualify for examination all persons who were resident nationals of the Republic of Cuba.
Each board within the department shall _________________ designed to qualify for examination all persons who were resident nationals of the Republic of Cuba.
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A person shall be eligible for examination if the person: (a) _____________________________ after leaving the person's home country because of political reasons.
A person shall be eligible for examination if the person: (a) _____________________________ after leaving the person's home country because of political reasons.
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A person shall be eligible for examination if the person: (b) _____________ to the department and submits a fee;
A person shall be eligible for examination if the person: (b) _____________ to the department and submits a fee;
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A person shall be eligible for examination if the person: (c) Was a _________________ immediately preceding the person's application;
A person shall be eligible for examination if the person: (c) Was a _________________ immediately preceding the person's application;
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A person shall be eligible for examination if the person: (d) Demonstrates to the department, that the applicant was graduated with an appropriate professional or occupational degree from a college or university; however, the department may not require receipt of any documentation from the Republic of Cuba as a condition of eligibility under this section;
A person shall be eligible for examination if the person: (d) Demonstrates to the department, that the applicant was graduated with an appropriate professional or occupational degree from a college or university; however, the department may not require receipt of any documentation from the Republic of Cuba as a condition of eligibility under this section;
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A person shall be eligible for examination if the person: (e) Lawfully practiced the profession for at least ___________;
A person shall be eligible for examination if the person: (e) Lawfully practiced the profession for at least ___________;
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A person shall be eligible for examination if the person: (f) Prior to 1980, successfully completed an ________________ pursuant to chapters 74-105 and 75-177, Laws of Florida;
A person shall be eligible for examination if the person: (f) Prior to 1980, successfully completed an ________________ pursuant to chapters 74-105 and 75-177, Laws of Florida;
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A person shall be eligible for examination if the person: (g) Presents a _________ demonstrating the successful completion of a continuing education program.
A person shall be eligible for examination if the person: (g) Presents a _________ demonstrating the successful completion of a continuing education program.
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What may cause the Governor to suspend a board member from office?
What may cause the Governor to suspend a board member from office?
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Each board member and former board member serving on a probable cause panel shall be _________ from civil liability for any act or omission when acting in the member's official capacity.
Each board member and former board member serving on a probable cause panel shall be _________ from civil liability for any act or omission when acting in the member's official capacity.
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The department shall ________________ for boards within the department.
The department shall ________________ for boards within the department.
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The department may ___________________ of outside counsel and the investigative services of outside personnel.
The department may ___________________ of outside counsel and the investigative services of outside personnel.
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Any person retained by the department shall be ___________________ of the department in determining insurance coverage.
Any person retained by the department shall be ___________________ of the department in determining insurance coverage.
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Each board within the department shall _____________ with the provisions of this chapter.
Each board within the department shall _____________ with the provisions of this chapter.
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The board shall annually __________ from among its number a chairperson and vice chairperson.
The board shall annually __________ from among its number a chairperson and vice chairperson.
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The board shall meet at least _____________.
The board shall meet at least _____________.
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A board member or former board member serving on a probable cause panel shall be ______________ for each day in attendance at an official meeting.
A board member or former board member serving on a probable cause panel shall be ______________ for each day in attendance at an official meeting.
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The special committee shall consist of (how many)_________ members designated by each board.
The special committee shall consist of (how many)_________ members designated by each board.
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The State Surgeon General may challenge any rule that does not protect the public from any significant and discernible ________ or damages.
The State Surgeon General may challenge any rule that does not protect the public from any significant and discernible ________ or damages.
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Unreasonably restricts competition or the availability of _______________________ in the state.
Unreasonably restricts competition or the availability of _______________________ in the state.
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Unnecessarily increases the cost of professional services without a corresponding or equivalent ______________________.
Unnecessarily increases the cost of professional services without a corresponding or equivalent ______________________.
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Either the State Surgeon General or the board shall be a substantially ____________________ for purposes of s. 120.54(7).
Either the State Surgeon General or the board shall be a substantially ____________________ for purposes of s. 120.54(7).
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No board shall have _________________________ a rule or proposed rule of another board.
No board shall have _________________________ a rule or proposed rule of another board.
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Any person desiring to be licensed in a profession within the jurisdiction of the department shall apply to the department _______ to take the licensure examination.
Any person desiring to be licensed in a profession within the jurisdiction of the department shall apply to the department _______ to take the licensure examination.
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The application form must be __________________ as needed to reflect any material change in circumstances.
The application form must be __________________ as needed to reflect any material change in circumstances.
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If an applicant has not been issued a social security number, the department ______ the application using a unique personal identification number.
If an applicant has not been issued a social security number, the department ______ the application using a unique personal identification number.
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Before the issuance of any license, the department shall ________ an initial license fee.
Before the issuance of any license, the department shall ________ an initial license fee.
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The board may ________________ an initial license to any applicant under investigation.
The board may ________________ an initial license to any applicant under investigation.
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If an applicant has been convicted of a felony, the board may require the applicant _______________ that his or her civil rights have been restored.
If an applicant has been convicted of a felony, the board may require the applicant _______________ that his or her civil rights have been restored.
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In considering applications for licensure, the board may require ___________________ of the applicant.
In considering applications for licensure, the board may require ___________________ of the applicant.
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The administrative law judge shall ___________ his or her recommended order to the appropriate board.
The administrative law judge shall ___________ his or her recommended order to the appropriate board.
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A privilege against civil liability is hereby ________ to any witness for any information furnished by the witness.
A privilege against civil liability is hereby ________ to any witness for any information furnished by the witness.
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Each board shall require licensees to periodically demonstrate their professional competency by completing at least ________________.
Each board shall require licensees to periodically demonstrate their professional competency by completing at least ________________.
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Study Notes
Legislative Intent and Regulation
- The Legislature aims to ensure that qualified individuals have the right to engage in regulated professions.
- Regulations exist primarily to protect public health, safety, and welfare, prevailing over any anticompetitive impacts.
- Regulation is warranted when unregulated practice poses recognizable harm or danger to public safety.
- Public safety should not solely rely on other state statutes, local ordinances, or federal legislation for protection.
Criteria for Regulation
- Less restrictive means of regulation must be unavailable before implementing new regulations.
- The use of the term "profession" doesn't preclude activities from being regarded as occupations under other laws.
- Departments and boards must avoid creating unreasonably restrictive standards that impede qualified individuals from entering professions.
Economic Considerations
- Regulations should avoid creating negative economic conditions affecting job creation or retention in Florida.
- The Legislature evaluates proposals for increasing regulations and their potential impact on employment opportunities.
Department Responsibilities
- The department adopts rules for biennial renewal of licenses and tracking continuing education requirements.
- It appoints executive directors for each board and is responsible for submitting an annual budget to the Legislature.
- A training program for new board members is essential to familiarize them with relevant laws and departmental structure.
Policy Planning and Monitoring
- The department must engage in long-range policy planning over a minimum of 5 years, including thorough evaluations of regulation efficiency and consumer protection.
- Annual updates and concise management reports from the department to boards are necessary to ensure ongoing assessment.
Board Accountability
- Board members are accountable to the Governor for their duties and can be suspended for various forms of misconduct.
- Board members, while acting within their capacities, are exempt from civil liability for official actions, with the department providing legal defense where applicable.
Legal Services
- The department secures legal representation for boards by contracting with external counsel or employing department staff counsel.
- The board regularly reviews the performance of its legal counsel to ensure interests of the citizens are represented effectively.### Legal and Investigative Services
- Contracts for independent counsel mandate periodic review and evaluation by the board and department.
- Department can employ outside counsel and investigative services but prohibits same attorney from prosecuting and providing legal services on the same matter.
- Individuals contracted for reviews or testimonies act as agents to determine state insurance and sovereign immunity protections.
Board Organization and Meetings
- Each board must comply with relevant chapter provisions.
- Annual elections for a chairperson and vice chairperson are required.
- Boards must meet at least once a year, with provisions for teleconferencing, ensuring a quorum is present for official actions.
- A quorum is defined as 51% or more of appointed members; three unexcused absences result in membership void.
Compensation and Expenses
- Board members earn $50 per day for meetings and can be reimbursed for travel expenses in line with state rules.
- Out-of-state travel requires prior approval from the State Surgeon General.
Special Committees
- Boards can establish special committees to resolve disputes, consisting of three members each, with additional members agreed upon by the committee.
- Costs of defending rules adopted by the committee are shared among the boards involved, with legal representation provided by the department.
Rules and Final Agency Action
- The State Surgeon General has standing to challenge board rules if they fail to protect public welfare or unreasonably restrict competition.
- Proposed rules can be invalidated for unnecessary cost increases without public benefit.
- Boards cannot challenge rules of other boards unless disputes arise.
Licensing Provisions
- Applications for licensure must be submitted in writing, requiring updates for any material changes before a decision is made.
- If an applicant lacks a social security number, the department may process applications using a unique personal identification number.
- Initial license fees are determined by relevant boards; licenses consist of wallet and wall cards.
Criminal and Investigation Protocols
- Licenses can be refused for applicants under investigation for violations related to their profession.
- Applicants with felony convictions must demonstrate that civil rights have been restored.
- Personal appearances can be required during the licensure evaluation, with applications denied if the applicant fails to appear.
Continuing Education
- Licensure renewal requires completion of 40 hours of continuing education every two years, including options for risk management credits.
- A mandatory 2-hour course on medical error prevention is part of the licensure and renewal process.
- Pro bono services may count towards continuing education requirements, with a limit of 25% of the total required hours permissible for such services.
Evaluation of Courses
- Boards may approve video courses for continuing education, restricted to 5 hours per subject.
- Criteria for continuing education must be established by boards, ensuring all pro bono or critical need service is pre-approved for credit.### General Licensing Provisions
- Elected officials licensed under a practice act can hold concurrent employment with public agencies and must disclose this dual service.
- Date compliance for license requirements is flexible; if a deadline falls on a weekend or holiday, compliance is granted if actions occur on the next business day.
Social Security Number Disclosure
- Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, parties must provide their social security numbers for enforcement purposes related to child support.
Fee Waivers for Veterans
- Initial application and unlicensed activity fees may be waived for military veterans or their spouses who apply within 60 months of honorable discharge.
Background Screening Provisions
- Applications for initial licensure must include fingerprints, which are processed by the Department of Law Enforcement and forwarded to the FBI for national processing.
- The Department of Law Enforcement retains fingerprints and enrolls them in the national retained print arrest notification program.
- Applicants bear the costs associated with background screening and fingerprint processing.
Public Records and Confidentiality
- Most applicant information is considered public record except for sensitive data such as financial information, medical records, and examination materials, which remain confidential.
- Applicants and their attorneys may review examination questions and answers that are not subject to public discovery.
Limited Licenses
- Retired professionals in good standing can obtain limited licenses to provide services to underserved populations, with specific practice restrictions.
- Applicants for limited licenses must submit an application, fee (not exceeding $300), and evidence of prior licensure.
- The Department has authority to deny limited licensure based on disciplinary history or ongoing investigations.
Examination Regulations
- The Department may use professional testing services for examinations and must ensure they reliably measure competencies.
- Each examination shall address general areas of competency, and passing grades will be defined by the Department or appropriate board rules.
- National examinations can be certified and utilized, reducing the need for state-developed tests and associated costs.
Examination Security and Sharing
- Security measures and monitoring for examinations are mandated, and violations can result in fines and confiscation of prohibited materials during exams.
- The Department may share examination items with other licensing authorities or national testing entities, following established security guidelines.
Rule Adoption for Examination Administration
- The Department is empowered to adopt rules necessary for the administration of licensing and examination processes, including procedures for retaking failed exams.
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Description
This quiz explores key concepts from Chapter 456 of the Florida Statutes, focusing on Health Professions and Occupations. Test your understanding of legislative intent and regulations governing health professions in Florida.
