Florida’s New Simplified Licensure by Endorsement Law For Health Care Professions

Every year, hundreds of thousands of people move to Florida from other states, including many health care practitioners who must apply for Florida licenses. A law passed during the 2024 Florida legislative session aims to simplify the process of licensure by endorsement for health care practitioners licensed in other states. Licensure by endorsement is an alternative to licensure by examination, which allows a health care practitioner to become licensed in Florida based on holding a substantially equivalent license in another state.

Historically, many health care professions in Florida provided pathways for licensure by endorsement, but the requirements varied by profession. However, some professions did not offer any such pathway. Senate Bill 1600 created the "Mobile Opportunity by Interstate Licensure Endorsement Act" (the "MOBILE Act") at 456.0145, Florida Statutes. The MOBILE Act, which took effect July 1, 2024, provides uniform requirements for licensure by endorsement for all health care professions regulated by the Florida Department of Health (DOH). For professions that already provided for licensure by endorsement, the MOBILE Act should simplify and streamline the application process. For professions that previously have not allowed licensure by endorsement, the MOBILE Act will provide an additional option for health care practitioners moving to Florida.

The MOBILE Act establishes uniform criteria for licensure by endorsement, which include:

• The applicant must hold 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. "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 Florida, as determined by the applicable professional board (e.g., the Board of Medicine, Board of Nursing, etc.) or by the DOH for professions that do not have a board.
• The applicant must have obtained a passing score on a national licensure examination, or must hold a national certification recognized by the applicable professional board (or the DOH for professions with no board). For professions that do not require a national examination or national certification, an applicant is eligible for licensure if the applicable professional board (or the DOH for professions with no board) determines that the jurisdiction in which the applicant is currently licensed meets established minimum education requirements and, if applicable, examination, work experience and clinical supervision requirements are substantially similar to the requirements for licensure in Florida.
• The applicant must have actively practiced the profession for at least three years during the four-year period immediately preceding the date of submission of the application.
• The applicant must not be the subject of a disciplinary proceeding in any jurisdiction, or by the U.S. Department of Defense, for reasons related to the practice of the profession.
• The applicant must not have had disciplinary action in the five years immediately preceding the date of submission of the application.
• The applicant must meet applicable financial responsibility requirements for the specific profession.
• Applicants must submit a set of fingerprints for background screening if required for the particular profession.
• An applicant may be required by the applicable professional board, or by the DOH for professions with no board, to successfully complete a jurisprudential examination specific to state laws and rules regulating the applicable profession.

A person is ineligible for licensure under the MOBILE Act if he or she:

• 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 U.S.
• Has been convicted of, or plead nolo contendere to, any felony or misdemeanor related to the practice of a health care profession.
• Has had a health care provider license revoked or suspended by another state, the District of Columbia or a possession or territory of the U.S., or has voluntarily surrendered any such license in lieu of disciplinary action.
• Has been reported to the National Practitioner Data Bank (NPDB), unless the applicant has successfully appealed to have his or her name removed from the NPDB.

The professional boards and the DOH are in the process of adopting rules to implement the MOBILE Act by January 1, 2025 as required by the Act. In the meantime, they may continue processing applications for licensure by endorsement under the statutes that were in effect prior to the MOBILE Act until their new rules take effect, or until January 1, 2025, whichever comes first.

SB 1600 also amended the various health care professions' practice acts to harmonize with the new requirements for licensure by endorsement.

If you have questions about health care licensure, please reach out to your Dinsmore health law attorney.