Florida Statutes Health Professions Chapter 456

Questions and Answers

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.

harm or endanger

The public is not effectively _______ by other means, including state statutes or local ordinances.

protected

Less __________ means of regulation are not available.

restrictive Signup and view all the answers

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.

profession Signup and view all the answers

There should be no creation of ____________ and extraordinary standards that deter qualified persons from entering various professions.

unreasonably restrictive Signup and view all the answers

A ___________ that has an unreasonable effect on job creation or job retention is not permissible.

regulation Signup and view all the answers

The Legislature shall ___________ to increase the regulation of regulated professions or occupations.

evaluate proposals Signup and view all the answers

Policies adopted by the department shall ensure that all expenditures are made in the most _____________________.

cost-effective manner Signup and view all the answers

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 ___________________.

disciplinary action Signup and view all the answers

The department shall adopt rules establishing a procedure for the _________________.

biennial renewal of licenses Signup and view all the answers

The department shall appoint the ___________________ of each board.

executive director Signup and view all the answers

The department shall submit an __________ to the Legislature.

annual budget Signup and view all the answers

The department shall develop a _______________ for persons newly appointed to membership on any board.

training program Signup and view all the answers

The department shall adopt rules to _____ the provisions of this chapter.

implement Signup and view all the answers

The department shall use the _____________ of the appropriate board for investigations.

expert or technical advice Signup and view all the answers

All proceedings of any board or panel must be ___________________ for accurate transcription.

electronically recorded Signup and view all the answers

The department shall select only those __________ for investigations who meet established criteria.

investigators, or consultants Signup and view all the answers

Each board under the jurisdiction of the department may be contacted through the headquarters located in the ______________________________.

City of Tallahassee Signup and view all the answers

Board members must not have a connection with any medical college, dental college, or community college that represents their _____________.

principal source of income Signup and view all the answers

To whom shall each board member be accountable for the proper performance of their duties?

Governor Signup and view all the answers

What's the minimum period covered for long-range policy planning for each profession?

5 years Signup and view all the answers

The department shall evaluate whether the various professions are __________.

regulated Signup and view all the answers

The department shall evaluate whether there is a need to _________ regulation.

continue Signup and view all the answers

The evaluation includes whether consumer protection is __________.

adequate Signup and view all the answers

The evaluation shall determine if there is ___________ between various practice acts.

consistency Signup and view all the answers

The department shall evaluate whether unlicensed activity is adequately _______________.

enforced Signup and view all the answers

What is the required number of continuing education hours every 2 years?

40 hours Signup and view all the answers

The boards shall require the completion of a __________________ relating to prevention of medical errors as part of the licensure and renewal process.

2-hour course Signup and view all the answers

The respective boards may adopt rules to provide for the use of approved videocassette courses, not to exceed ________________, to fulfill the continuing education requirements.

5 hours per subject Signup and view all the answers

Continuing education requirements state that a maximum of ___________ can be fulfilled by the performance of pro-bono services.

25 percent Signup and view all the answers

An elected official licensed under a practice act may hold employment with any public agency concurrently with public service.

True Signup and view all the answers

Each party is required to provide his or her ________________ in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act.

social security number Signup and view all the answers

The department shall __________________ the initial application fee for a military veteran or their spouse at the time of discharge.

waive Signup and view all the answers

An application for initial licensure shall include ________________ pursuant to procedures established by the department.

fingerprints Signup and view all the answers

All fingerprints submitted shall be retained by the _______________________ as provided by law.

Department of Law Enforcement Signup and view all the answers

The costs of fingerprint processing shall be borne by the _____________ subject to the background screening.

applicant Signup and view all the answers

All fingerprints received under this section shall be _____________ in to the Care Provider Background Screening Clearinghouse.

entered Signup and view all the answers

All information required by the department from any applicant shall be a __________________ and shall be open to public inspection.

public record Signup and view all the answers

The department shall establish by rule the procedure by which an applicant, and the applicant's attorney, ________________ examination questions and answers.

may review Signup and view all the answers

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.

convicted of Signup and view all the answers

Unless an applicant notifies the department at least _______ prior to an examination hearing, the department may require payment of costs.

5 days Signup and view all the answers

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.

revoked or suspended Signup and view all the answers

The use of retired professionals in good standing to serve critical need populations is discouraged.

False Signup and view all the answers

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.

National Practitioner Data Bank Signup and view all the answers

Any person desiring to obtain a limited license shall ___ to the board an application and fee, not to exceed .

submit; $300 Signup and view all the answers

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.

failed Signup and view all the answers

What is the license status if it is revoked?

A health care provider license can be revoked, meaning it is taken away permanently. Signup and view all the answers

The board may deny limited licensure to an applicant under investigation for any act constituting grounds for discipline.

True Signup and view all the answers

All costs of regulating health care professions and practitioners shall be borne solely by licensees and licensure _______________.

applicants Signup and view all the answers

The recipient of a ____________ may practice only in the employ of public agencies or institutions.

limited license Signup and view all the answers

The boards shall, by rule, set renewal fees which shall be based on ____________ prepared using generally accepted accounting procedures.

revenue projections Signup and view all the answers

A board may provide by rule for supervision of limited licensees to _____________ the health, safety, and welfare of the public.

protect Signup and view all the answers

The boards shall set renewal fees which shall be adequate to ___________ relating to that board identified in the department's long-range policy plan.

cover all expenses Signup and view all the answers

Each applicant granted a limited license is subject to _______________ of chapter and respective practice act.

all the provisions Signup and view all the answers

This section applies to chapter 458 or chapter 459.

False Signup and view all the answers

The boards shall set renewal fees which shall be reasonable, fair, and not serve as a __________ to licensure.

barrier Signup and view all the answers

The department may use a _______________ to prepare and evaluate any computerized examination.

professional testing service Signup and view all the answers

The boards shall set renewal fees which shall be based on ______________ from working under the scope of the license.

potential earnings Signup and view all the answers

The department shall _____________ that examinations developed adequately measure an applicant's ability to practice their profession.

certify Signup and view all the answers

The boards shall set renewal fees which shall be similar to _____ imposed on similar licensure types.

fees Signup and view all the answers

The board shall specify the_________________ to be covered by each examination.

general areas of competency Signup and view all the answers

The renewal fees shall not be more than __________ than the actual cost to regulate that profession for the previous biennium.

10 percent greater Signup and view all the answers

Each board or the department may charge a fee not to exceed __________ for the issuance of a wall certificate.

$25 Signup and view all the answers

How often shall the chairpersons of the boards meet to review the long-range policy plan?

annually Signup and view all the answers

If sufficient action is not taken by a board within ______________ after notification, the department shall set license fees on behalf of the applicable board.

1 year Signup and view all the answers

What evidence shall be treated as evidence of the applicant's preparation for successful professional practice?

Evidence of meeting the requirements of subsection (1) Signup and view all the answers

The ______________ for the examinations offered under subsection (2) shall be established by the department.

fees charged Signup and view all the answers

The department shall ___________________ who meets the requirements of subsections (1) and (2).

examine any applicant Signup and view all the answers

The examinations offered under subsection (2) may be given in the ____________________.

applicant's native language Signup and view all the answers

The department ___________________ an initial license to, or renew a license of, any applicant or licensee who is under investigation.

shall not issue Signup and view all the answers

A professional of any other state or jurisdiction is exempt from licensure if that person _________ an active license to practice that profession.

holds Signup and view all the answers

A professional is exempt if they engage in the active practice of that profession outside the state, which is known as ____________.

active practice Signup and view all the answers

A professional is exempt if they are ___________ in that professional capacity by a sports entity visiting the state.

employed or designated Signup and view all the answers

A professional's practice under this section is limited to the members, coaches, and staff of the team for which that professional is ______________________.

employed or designated Signup and view all the answers

A member of the Armed Forces who was in ________________ with any administrative board or the department shall be kept in good standing.

good standing Signup and view all the answers

The boards shall adopt rules _______________ of members of the Armed Forces from licensure renewal provisions.

exempting the spouses Signup and view all the answers

A health care practitioner in the Armed Forces is ___________________ in this state.

eligible for licensure Signup and view all the answers

The person must submit a _______________________ to be issued a license.

complete application Signup and view all the answers

The individual must receive an honorable discharge within _ before, or will receive within ___ after, the application date.

6 months; 6 months Signup and view all the answers

The applicant must hold a license issued by ___, the District of Columbia, or a territory and not had disciplinary action within the preceding application.

another state; 5 years Signup and view all the answers

The board must issue a license provided the applicant is not the subject of a __________ in any jurisdiction.

disciplinary proceeding Signup and view all the answers

The applicant must have actively practiced the profession for ____________ the date of submission.

3 years preceding Signup and view all the answers

The applicant must submit a ______________ for a background screening if required.

set of fingerprints Signup and view all the answers

The department shall verify information submitted by the applicant using the _______________.

National Practitioner Data Bank Signup and view all the answers

Each applicant who ____________________ of this subsection shall be licensed with all rights and responsibilities.

meets the requirements Signup and view all the answers

An applicant must submit required information no later than _____ after the license is issued.

1 year Signup and view all the answers

The board may issue a temporary professional license to the spouse of an active duty member who submits a _______________.

completed application Signup and view all the answers

The applicant must pay the required ______________; to receive the temporary license.

application fee Signup and view all the answers

The applicant must provide proof that they are ____________ to a member of the Armed Forces on active duty.

married Signup and view all the answers

The applicant must provide proof of a valid license from ______, the _, or a _________.

another state; District of Columbia; possession or territory of the United States Signup and view all the answers

Proof of the applicant's spouse being assigned to___________ in this state pursuant to active duty orders is required.

a duty station Signup and view all the answers

The applicant must also provide proof of entitlement to full licensure under the_______ and eligibility to take licensure examination.

appropriate practice act Signup and view all the answers

The applicant must submit a complete set of fingerprints for conducting a ______________________.

statewide criminal history check Signup and view all the answers

Each board shall _____________ of criminal history checks when granting an exemption.

review the results Signup and view all the answers

The applicant shall _____________ of fingerprint processing fees.

pay the cost Signup and view all the answers

The department shall set _________________, which may not exceed the cost of issuing the license.

an application fee Signup and view all the answers

A temporary license expires ________ after issuance and is not renewable.

12 months Signup and view all the answers

An applicant for a ____ under this subsection is subject to specific requirements.

temporary license Signup and view all the answers

Providers of examinations seeking certification shall pay the ___________ incurred by the department in making a determination regarding the certification.

actual costs Signup and view all the answers

Neither the board nor the department may administer a state-developed _____________________ if a national examination has been certified by the department.

written examination Signup and view all the answers

The board, or the department when there is no board, ________________ a state-developed practical or clinical examination, as required by the applicable practice act.

may administer Signup and view all the answers

It is the intent of the Legislature to_____________ associated with state examinations.

reduce the costs Signup and view all the answers

Each board, or the department when there is no board, shall __________ regarding the security and monitoring of examinations.

adopt rules Signup and view all the answers

The department shall ____________________ that ensure security of a shared exam.

establish guidelines Signup and view all the answers

The department may ______________ necessary to administer this subsection.

adopt rules Signup and view all the answers

The board, or the department when there is no board, shall adopt rules providing for __________________ of any applicants who failed an examination.

reexamination Signup and view all the answers

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 _____________________________.

2 years immediately following the examination Signup and view all the answers

Meetings held for the exclusive purpose of creating or reviewing licensure examination questions are __________ from the provisions of s. 286.011.

exempt Signup and view all the answers

Each board, or the department when there is no board, may provide licensure examinations in an applicant's ______________________.

native language Signup and view all the answers

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.

certify competency Signup and view all the answers

The department may post ___________________ on the Internet in lieu of mailing the scores to each applicant.

examination scores electronically Signup and view all the answers

The theft of an examination in whole or in part constitutes a ______________________.

felony of the third degree Signup and view all the answers

A person is _ from practicing an occupation or profession regulated by the state solely because she or he is .

not disqualified; not a United States citizen Signup and view all the answers

It is the declared purpose of this section to encourage the use of ______________________________duly qualified to become actively qualified in their professions.

foreign-speaking Florida residents Signup and view all the answers

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.

deemed qualified Signup and view all the answers

Each board within the department shall _________________ designed to qualify for examination all persons who were resident nationals of the Republic of Cuba.

adopt and implement programs Signup and view all the answers

A person shall be eligible for examination if the person: (a) _____________________________ after leaving the person's home country because of political reasons.

Immigrated to the United States Signup and view all the answers

A person shall be eligible for examination if the person: (b) _____________ to the department and submits a fee;

Applies Signup and view all the answers

A person shall be eligible for examination if the person: (c) Was a _________________ immediately preceding the person's application;

Florida resident Signup and view all the answers

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;

in exile Signup and view all the answers

A person shall be eligible for examination if the person: (e) Lawfully practiced the profession for at least ___________;

3 years Signup and view all the answers

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;

approved course of study Signup and view all the answers

A person shall be eligible for examination if the person: (g) Presents a _________ demonstrating the successful completion of a continuing education program.

certificate Signup and view all the answers

What may cause the Governor to suspend a board member from office?

Malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony. Signup and view all the answers

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.

exempt Signup and view all the answers

The department shall ________________ for boards within the department.

provide board counsel Signup and view all the answers

The department may ___________________ of outside counsel and the investigative services of outside personnel.

employ or use the legal services Signup and view all the answers

Any person retained by the department shall be ___________________ of the department in determining insurance coverage.

considered an agent Signup and view all the answers

Each board within the department shall _____________ with the provisions of this chapter.

comply Signup and view all the answers

The board shall annually __________ from among its number a chairperson and vice chairperson.

elect Signup and view all the answers

The board shall meet at least _____________.

once annually Signup and view all the answers

A board member or former board member serving on a probable cause panel shall be ______________ for each day in attendance at an official meeting.

compensated $50 Signup and view all the answers

The special committee shall consist of (how many)_________ members designated by each board.

three members Signup and view all the answers

The State Surgeon General may challenge any rule that does not protect the public from any significant and discernible ________ or damages.

harm Signup and view all the answers

Unreasonably restricts competition or the availability of _______________________ in the state.

professional service Signup and view all the answers

Unnecessarily increases the cost of professional services without a corresponding or equivalent ______________________.

public benefit Signup and view all the answers

Either the State Surgeon General or the board shall be a substantially ____________________ for purposes of s. 120.54(7).

interested party Signup and view all the answers

No board shall have _________________________ a rule or proposed rule of another board.

standing to challenge Signup and view all the answers

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.

in writing Signup and view all the answers

The application form must be __________________ as needed to reflect any material change in circumstances.

supplemented Signup and view all the answers

If an applicant has not been issued a social security number, the department ______ the application using a unique personal identification number.

may process Signup and view all the answers

Before the issuance of any license, the department shall ________ an initial license fee.

charge Signup and view all the answers

The board may ________________ an initial license to any applicant under investigation.

refuse to issue Signup and view all the answers

If an applicant has been convicted of a felony, the board may require the applicant _______________ that his or her civil rights have been restored.

to prove Signup and view all the answers

In considering applications for licensure, the board may require ___________________ of the applicant.

a personal appearance Signup and view all the answers

The administrative law judge shall ___________ his or her recommended order to the appropriate board.

submit Signup and view all the answers

A privilege against civil liability is hereby ________ to any witness for any information furnished by the witness.

granted Signup and view all the answers

Each board shall require licensees to periodically demonstrate their professional competency by completing at least ________________.

40 hours of continuing education every 2 years Signup and view all the answers

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.

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.

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.