456.0145 Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act.

967 words·~4 min read·/fl/title-xxxii/chapter-456/456-0145·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)SHORT TITLE. — This section may be cited as the “Mobile Opportunity by Interstate Licensure Endorsement Act” or the “MOBILE Act.”

(2)LICENSURE BY ENDORSEMENT. —

(a)An applicable board, or the department if there is no board, shall issue a license to practice in this state to an applicant who meets all of the following criteria:

1. Submits a complete application.

2. Holds an active, unencumbered license issued by another state, the District of Columbia, or a territory of the United States in a profession with a similar scope of practice, as determined by the board or department, as applicable. The term “scope of practice” means the full spectrum of functions, procedures, actions, and services that a health care practitioner is deemed competent and authorized to perform under a license issued in this state.

3.a. Has obtained a passing score on a national licensure examination or holds a national certification recognized by the board, or the department if there is no board, as applicable to the profession for which the applicant is seeking licensure in this state; or

b. Meets the requirements of paragraph (b).

4. Has actively practiced the profession for which the applicant is applying for at least 2 years during the 4-year period immediately preceding the date of submission of the application.

5. Attests that he or she is not, at the time of submission of the application, the subject of a disciplinary proceeding in a jurisdiction in which he or she holds a license or by the United States Department of Defense for reasons related to the practice of the profession for which he or she is applying.

6. Has not had disciplinary action taken against him or her in the 5 years immediately preceding the date of submission of the application.

7. Meets the financial responsibility requirements of s. 456.048 or the applicable practice act, if required for the profession for which the applicant is seeking licensure.

8. Submits a set of fingerprints for a background screening pursuant to s. 456.0135 , if required for the profession for which he or she is applying.

The department shall verify information submitted by the applicant under this subsection using the National Practitioner Data Bank, as applicable.

(b)An applicant for a profession that does not require a national examination or national certification is eligible for licensure if an applicable board, or the department if there is no board, determines that the jurisdiction in which the applicant currently holds an active, unencumbered license meets established minimum education requirements and, if applicable, examination, work experience, and clinical supervision requirements that are substantially similar to the requirements for licensure in that profession in this state.

(c)A person is ineligible for a license under this section if he or she:

1. Has a complaint, an allegation, or an investigation pending before a licensing entity in another state, the District of Columbia, or a possession or territory of the United States;

2. Has been convicted of or pled nolo contendere to, regardless of adjudication, any felony or misdemeanor related to the practice of a health care profession;

3. Has had a health care provider license revoked or suspended by another state, the District of Columbia, or a territory of the United States, or has voluntarily surrendered any such license in lieu of having disciplinary action taken against the license; or

4. Has been reported to the National Practitioner Data Bank, unless the applicant has successfully appealed to have his or her name removed from the data bank. If the reported adverse action was a result of conduct that would not constitute a violation of any law or rule in this state, the board, or the department if there is no board, may:

a. Approve the application;

b. Approve the application with restrictions on the scope of practice of the licensee;

c. Approve the application with placement of the licensee on probation for a period of time and subject to such conditions as the board, or the department if there is no board, may specify, including, but not limited to, requiring the applicant to submit to treatment, attend continuing education courses, or submit to reexamination; or

d. Deny the application.

(d)The board, or the department if there is no board, may revoke a license upon finding that the licensee provided false or misleading material information or intentionally omitted material information in an application for licensure.

(e)The board, or the department if there is no board, shall issue a license to a qualified applicant within 7 days after receipt of all documentation required for an application.

(3)STATE EXAMINATION. — The board, or the department if there is no board, may require an applicant to successfully complete a jurisprudential examination specific to state laws and rules that regulate the applicable profession, if this chapter or the applicable practice act requires such examination.

(4)ANNUAL REPORT. — By December 31 of each year, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which provides all of the following information for the previous fiscal year, distinguished by profession:

(a)The number of applications for licensure received under this section.

(b)The number of licenses issued under this section.

(c)The number of applications submitted under this section which were denied and the reason for such denials.

(d)The number of complaints, investigations, or other disciplinary actions taken against health care practitioners who are licensed under this section.

(5)RULES. — Each applicable board, or the department if there is no board, shall adopt rules to implement this section within 6 months after this section’s effective date, including rules relating to legislative intent under s. 456.025

(1)and the requirements of s. 456.025 (3).