Florida Statutes 456.024 – Members of Armed Forces and veterans; spouses; licensure
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(1) A member of the United States Armed Forces on active duty who, at the time of becoming such a member, was in good standing with a health care practitioner board, or the department when there is no board, and was entitled to practice a health care profession in this state shall be kept in good standing without registering, paying fees, or performing any other act, as long as the member is on active duty and for 6 months after discharge and is not practicing his or her licensed profession in the private sector for profit.
(2) The department shall waive the initial licensing fee, the initial application fee, and the initial unlicensed activity fee for a veteran or his or her spouse if the veteran is honorably discharged from any branch of the United States Armed Forces. The applicant must apply for the fee waiver using a form prescribed by the department and must submit supporting documentation as required by the department. The applicant may apply for a fee waiver up to 6 months before discharge.
(3) The boards listed in s. 20.43, or the department when there is no board, shall adopt rules exempting the spouses of members of the Armed Forces of the United States from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the Armed Forces.
(4)(a) A person is eligible for licensure as a health care practitioner in this state if he or she:
1. Serves or has served as a health care practitioner in the United States Armed Forces, the United States Reserve Forces, or the National Guard;
2. Serves or has served on active duty with the United States Armed Forces as a health care practitioner in the United States Public Health Service; or
3. Is a health care practitioner in another state, the District of Columbia, or a possession or territory of the United States and is the spouse of a person serving on active duty with the United States Armed Forces.
The department shall develop an application form, and each board, or the department if there is no board, shall waive the application fee, licensure fee, and unlicensed activity fee for such applicants. For purposes of this subsection, “health care practitioner” means a health care practitioner as defined in s. 456.001 and a person licensed under part III of chapter 401 or part IV of chapter 468.
Terms Used In Florida Statutes 456.024
- Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss. See Florida Statutes 456.001
- Department: means the Department of Health. See Florida Statutes 456.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care practitioner: means any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I, part II, or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491. See Florida Statutes 456.001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means any permit, registration, certificate, or license, including a provisional license, issued by the department. See Florida Statutes 456.001
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Profession: means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance. See Florida Statutes 456.001
- veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
(b) The board, or the department if there is no board, shall issue a license to practice in this state to a person who:
1. Submits a complete application.
2. If he or she is a member of the United States Armed Forces, the United States Reserve Forces, or the National Guard, submits proof that he or she has received an honorable discharge within 6 months before, or will receive an honorable discharge after, the date of submission of the application.
3.a. Holds an active, unencumbered license issued by another state, the District of Columbia, or a possession or territory of the United States and who has not had disciplinary action taken against him or her in the 5 years preceding the date of submission of the application;
b. Is a military health care practitioner in a profession for which licensure in a state or jurisdiction is not required to practice in the United States Armed Forces, if he or she submits to the department evidence of military training or experience substantially equivalent to the requirements for licensure in this state in that profession and evidence that he or she has obtained a passing score on the appropriate examination of a national or regional standards organization if required for licensure in this state; or
c. Is the spouse of a person serving on active duty in the United States Armed Forces and is a health care practitioner in a profession for which licensure in another state or jurisdiction is not required, if he or she submits to the department evidence of training or experience substantially equivalent to the requirements for licensure in this state in that profession and evidence that he or she has obtained a passing score on the appropriate examination of a national or regional standards organization if required for licensure in this state.
4. 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.
5. Actively practiced the profession for which he or she is applying for the 3 years preceding the date of submission of the application.
6. 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.
(c) Each applicant who meets the requirements of this subsection shall be licensed with all rights and responsibilities as defined by law. The applicable board, or the department if there is no board, may deny an application if the applicant has been convicted of or pled guilty or nolo contendere to, regardless of adjudication, a felony or misdemeanor related to the practice of a health care profession regulated by this state.
(5)(a) The board, or the department if there is no board, shall issue a professional license to the spouse of an active duty member of the United States Armed Forces who submits all of the following to the department:
1. A completed application upon a form prepared and furnished by the department in accordance with the board’s rules.
2. Proof that the applicant is married to a member of the United States Armed Forces who is on active duty.
3. Proof that the applicant holds a valid license for the profession issued by another state, the District of Columbia, or a possession or territory of the United States and is not the subject of any disciplinary proceeding in any jurisdiction in which the applicant holds a license to practice a profession regulated by this chapter.
4. Proof that the applicant’s spouse is assigned to a duty station in this state pursuant to the member’s official active duty military orders.
5. Proof that the applicant would otherwise be entitled to full licensure under the appropriate practice act and is eligible to take the respective licensure examination as required in Florida.
(b) The applicant must also submit to the Department of Law Enforcement a complete set of fingerprints. The Department of Law Enforcement shall conduct a statewide criminal history check and forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check.
(c) Each board, or the department if there is no board, shall review the results of the state and federal criminal history checks according to the level 2 screening standards in s. 435.04 when granting an exemption and when granting or denying the license.
(d) The applicant shall pay the cost of fingerprint processing. If the fingerprints are submitted through an authorized agency or vendor, the agency or vendor shall collect the required processing fees and remit the fees to the Department of Law Enforcement.
(e) The department shall waive the applicant’s licensure application fee.
(f) An applicant for a license under this subsection is subject to s. 456.013(3)(a) and (c).
(g) An applicant shall be deemed ineligible for a license pursuant to this section if the applicant:
1. 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;
2. Has had a health care provider license revoked or suspended from another of the United States, the District of Columbia, or a United States territory;
3. 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; or
4. Has previously failed the Florida examination required to receive a license to practice the profession for which the applicant is seeking a license.
(h) The board, or the department if there is no board, may revoke a license upon finding that the individual violated the profession’s governing practice act.
(i) The board, or the department if there is no board, shall expedite all applications submitted by a spouse of an active duty member or veteran of the United States Armed Forces pursuant to this subsection and shall issue a license within 7 days after receipt of all required documentation for such application.
(6) The spouse of a person serving on active duty with the United States Armed Forces shall have a defense to any citation and related cause of action brought under s. 456.065 if the following conditions are met:
(a) The spouse holds an active, unencumbered license issued by another state or jurisdiction to provide health care services for which there is no equivalent license in this state.
(b) The spouse is providing health care services within the scope of practice of the out-of-state license.
(c) The training or experience required by the out-of-state license is substantially similar to the license requirements to practice a similar health care profession in this state.