s. 466.0275 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 466.041

ing moral turpitude, impairment, violations of laws gov­erning controlled substances, or any violation of criminal law, the dentist shall be deemed to waive the confidenti­ality and to execute a release of medical reports pertain­ing to the mental or physical condition of the dentist him­self. The department shall issue an order, based on the need for additional information, to produce such medical reports for the time period relevant to the investigation. As used in this section, "medical reports" means a com­pilation of medical treatment of the dentist himself which includes symptoms, diagnosis, treatment prescribed, relevant history, and progress. The dentist shall also be deemed to waive any objection to the admissibility of the reports as constituting privileged communications. Such material maintained by the department shall remain confidential and exempt from s. 119.07(1) until probable cause is found and an administrative com­plaint issued.

Hlstory.-s. 20, ch. 88-392; s. 1, ch. 89-296; ss. 60, 64, ch 91-137; s. 23, ch. 91-140; ss. 7, 8, ch. 91-156; s. 4, ch. 91-429; s. 319, ch. 96--406.

466.0282 Specialties.-(1) A dentist licensed under this chapter may not

hold himself out as a specialist, advertise membership in or specialty recognition by an accrediting organiza­tion, or advertise that his practice is limited to a specific area of dentistry, unless the dentist:

(a) Has completed a specialty education program approved by the American Dental Association and the Commission on Dental Accreditation;

(b) Is eligible for examination by a national specialty board recognized by the American Dental Association;

(c) Is a diplomate of a national specialty board rec­ognized by the American Dental Association; or

(d) Has continuously held himself out as a specialist since December 31, 1964, in a specialty recognized by the American Dental Association.

(2) The purpose of this section is to prevent a den-tist from advertising membership in an organization which may be perceived by the public as recognizing or accrediting specialization in an area of dentistry that is not recognized or accredited by the American Dental Association. The purpose of this section is also to pro­hibit a dentist from advertising that the dentist's prac­tice is limited to an area of dentistry that is not recog­nized as a specialty by the American Dental Association. The Legislature finds that dental consumers rely on rec­ognition by the American Dental Association as proof that an area of dentistry is recognized as a legitimate dental specialty by other dentists and that the accredit­ing or recognizing organization of that specialty is bona fide. The Legislature also finds not only that the Ameri­can Dental Association, unlike the board, has the admin­istrative staff and financial resources necessary to inves­tigate and thoroughly evaluate whether an accrediting or recognizing organization is capable of accurately determining whether an area of dentistry is uniquely defined and educationally disciplined so as to meet a substantial public need for clinical treatment, but also that this accreditation process is the least restrictive means available to ensure that consumers are not mis-led about whether an area of dentistry is a legitimate specialty. Therefore, it is the intent of the Legislature

that the findings of the American Dental Association's accreditation process for dental specialties be relied on by the board.

(3) Nothing in this section shall be construed to allow the board to recognize any specialty that is not recognized by the American Dental Association.

History.-s. 4, ch. 94-105; s. 6, ch. 96-281.

466.032 Registration.-( 1) Every person, firm, or corporation operating a

dental laboratory in this state shall register biennially with the department on forms to be provided by the department and, at the same time, pay to the depart­ment a registration fee not to exceed $300 for which the department shall issue a registration certificate entitling the holder to operate a dental laboratory for a period of 2 years.

(2) Upon the failure of any dental laboratory operator to comply with subsection (1 ), the department shall notify him by registered mail, within 1 month after the registration renewal date, return receipt requested, at his last known address, of such failure and inform him of the provisions of subsections (3) and (4).

(3) Any dental laboratory operator who has not com­plied with subsection (1) within 3 months after the regis­tration renewal date shall be required to pay a delin­quency fee of $40 in addition to the regular registration fee.

(4) The department is authorized to commence and maintain proceedings to enjoin the operator of any den­tal laboratory who has not complied with this section from operating a dental laboratory in this state until he has obtained a registration certificate and paid the required fees.

History.-ss. 2, 3, ch. 79-330; ss. 2, 3, ch. 81-318; ss. 21, 23, 24. ch. 86-291; s. 38. ch. 89-162; s. 1, ch. 89-37 4; s. 1, ch. 89-543: s. 60, ch. 91-137; s. 7, ch. 91-156; s. 4, ch. 91-429; s 7, ch. 96-281.

466.041 Hepatitis B carriers.-(1) Any licensee or applicant for licensure who is a

carrier of the hepatitis B virus is required to so notify the board.

(2) The board shall by rule establish procedures for reporting carrier status and shall establish practice requirements which will protect the public from trans­mission of the hepatitis B virus in a dental practice set­ting or during dental procedures.

(3) Any report of hepatitis B carrier status filed by a licensee or applicant in compliance with the require­ments established by the board shall be confidential and exempt from the provisions of s. 119.07(1 ), except for the purpose of the investigation or prosecution of alleged violations of this chapter by the department.

Hletory.-ss. 18, 19, ch. 89-374; ss. 60, 65, ch. 91-137; s. 25, ch. 91-140: ss. 7, 9, ch. 91-156: s. 4, ch. 91-429; s. 320, ch. 96-406.

CHAPTER 468

MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

PART IV

RADIOLOGIC TECHNOLOGY

1740

s. 468.302 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 B, 468.302

468.302 Use of radiation; identification of certified per­sons; limitations; exceptions.

468.302 Use of radiation; identification of certified persons; limitations; exceptions.-

( 1) Except as hereinafter provided, no person shall use radiation on a human being unless he:

(a) Is a licensed practitioner; or (b) Is the holder of a certificate, as provided in this

part, and is operating under the direct supervision or general supervision of a licensed practitioner in each particular case.

(2){a) A person holding a certificate as a basic X-ray machine operator may use the title "Basic X-ray Machine Operator:

(b) A person holding a certificate as a basic X-ray machine operator-podiatry may use the title "Basic X-ray Machine Operator-Podiatry."

(c) A person holding a certificate as a general radi­ographer may use the title "Certified Radiologic Technol­ogist-Radiographer" or the letters "CRT -R" after his name.

(d) A person holding a certificate as a limited com­puted tomography technologist may use the title "Certified Radiologic Technologist-Computed Tomography" or the fetters "CRT-C" after his name.

(e) A person holding a certificate as a radiation ther­apy technologist may use the title "Certified Radiologic Technologist-Therapy' or the letters "CRT-T" after his name.

(f) A person holding a certificate as a nuclear medi­cine technologist may use the title "Certified Radiologic Technologist-Nuclear Medicine" or the letters "CRT-N" after his name.

No other person Is entitled to so use a title or letters con­tained in this subsection or to hold himself out in any way, whether orally or in writing, expressly or by implica­tion, as being so certified.

(3)(a) A person holding a certificate as a basic X-ray machine operator may perform general diagnostic radio­graphic and general fluoroscopic procedures, specifi­cally excluding nuclear medicine and radiation therapy procedures, under the direct supervision and control of a licensed practitioner in that practitioner's office or in a hospital pursuant to paragraph (b). A basic X-ray machine operator may participate in additional approved programs as provided by rule of the depart­ment.

(b) A basic X-ray machine operator or basic X-ray machine operator-podiatry may not practice radiologic technology in walk-in emergency centers, freestanding breast clinics, freestanding cancer clinics, state mental hospitals, state correctional institutions, or in any facility regulated under chapter 390, chapter 392, chapter 393, chapter 394, or chapter 641. For a facility Hcensed under chapter 395, a basic X-ray machine operator may only perform the procedures specified in paragraph (a) in a hospital with a capacity of 150 beds or less. If such a hospital has or acquires radiographic or fluoroscopic equipment other than general diagnostic radiographic and general fluoroscopic equipment, that hospital shall keep a record documenting which personnel performed

each radiographic or fluoroscopic procedure. For pur­poses of this paragraph, a walk-in emergency center shall not include a physician-operated walk-in clinic which operates with or without appointments and with extended hours and which does not hold itself out to the public as an emergency center.

(c) A person holding a certificate as a basic X-ray machine operator-podiatry may perform only podiatric radiographic procedures under the direct supervision and control of a licensed podiatrist.

(d) A person holding a certificate as a general radi­ographer may not perform nuclear medicine and radia­tion therapy procedures. A general radiographer may participate in additional approved programs as provided by rule of the department.

(e) A person holding a certificate as a limited com­puted tomography technologist may perform only diag­nostic computed tomography examinations.

(f) A person holding a certificate as a radiation ther­apy technologist may administer only X radiation and ionizing radiation emitted from particle accelerators and external beam teletherapy from sealed sources of radio­active material to human beings tor therapeutic or simu­lation purposes.

(g) A person holding a certificate as a nuclear medi­cine technologist may only conduct in vivo and in vitro measurements of radioactivity and administer radiopharmaceuticals to human beings for diagnostic and therapeutic purposes. However, the authority of a nuclear medicine technologist excludes radioimmunoassay and other clinical laboratory testing regulated pursuant to chapter 483.

(4) A person holding a certificate as a radiologic technologist may only use radiation or radiat!on­producing equipment on human beings for diagnostic or therapeutic purposes white operating, in each particular case, under the general supervision of a licensed practi­tioner and only if the application of radiation is limited to those persons or parts of the human body specified in the law under which the practitioner is licensed.

(5) Nothing contained in this part relating to radiologic technology shall be construed to limit, enlarge, or affect in any respect the practice by duly licensed practitioners of their respective professions.

(6) Requirement for certification does not apply to: (a) A hospital resident who is not a licensed practi­

tioner in this state or a student enrolled in and attending a school or college of medicine, osteopathy, chiropody, podiatry, or chiropractic or a radiologic technology edu­cational program and who applies radiation to a human being while under the direct supervision of a licensed practitioner.

(b) A person who is engaged in performing the duties of a radiologic technologist in his employment by a governmental agency of the United States.

(c) A person who is trained and skilled in cardiopulmonary technology and who provides cardiopulmonary technology services at the direction, and under the direct supervision, of a licensed practi­tioner.

(7) A person who is licensed pursuant to chapter 483 to perform nuclear medicine procedures is not required to be certificated under this part, provided

1741

s. 468.302 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.433

such person does not perform any other procedures regulated under this part.

Hialory.-s. 3, ch. 78-383: s. 2, ch. 81-318: ss. 4, 18, 19, ch. 84-269: s. 13, ch. 86-287: s. 2, ch. 88-310; s. 4, ch. 91-429; s. 6, ch. 96-309.

PART VIII

COMMUNITY ASSOCIATION MANAGEMENT

468.431 468.4315

468.432

468.433 468.4336 468.4337 468.4338 468.434 468.435 468.436 468.4365

Definitions. Regulatory Council of Community Associa­

tion Managers. Licensure of community association manag-

ers; exceptions. Licensure by examination. Renewal of license. Continuing education. Reactivation; continuing education. Advisory council; membership; functions. Fees; establishment; disposition. Disciplinary proceedings. Availability of disciplinary records and pro­

ceedings.

468.431 Definitions.-( 1) "Community association" means a residential

homeowners' association in which membership is a con­dition of ownership of a unit in a planned unit develop­ment, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium, cooperative, or other residential unit which is part of a residential develop­ment scheme and which is authorized to impose a fee which may become a lien on the parcel.

(2) "Community association management" means any of the following practices requiring substantial spe­cialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 50 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a commu­nity association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, and coordinating maintenance for the residential devel­opment and other day- to- day services involved with the operation of a community association. A person who performs clerical or ministerial functions under the direct supeNision and control of a licensed manager or who is charged only with performing the maintenance of a com­munity association and who does not assist in any of the management services described in this subsection is not required to be licensed under this part.

(3) "Community association manager" means a per­son who is licensed pursuant to this part to perform community association management services.

(4) "Council" means the Regulatory Council of Com­munity Association Managers.

(5) "Department" means the Department of Busi­ness and Professional Regulation.

Hiatory.- ss. 7. 14, ch. 87- 343; s. 1, ch. 89- 155; s . 4. ch. 91- 429; s. 142, ch. 94-218; s. 1, ch. 94- 350; s. 2, ch. 96-291.

468.4315 Regulatory Council of Community Asso­ciation Managers.-

(1 ) The Regulatory Council of Community Associa­tion Managers is created within the department and shall consist of seven members appointed by the Gover­nor and confirmed by the Senate.

(a) Five members of the council shall be licensed community association managers, one of whom shall be a community association manager employed by a timeshare managing entity as described in ss. 468.438 and 721 .13, who have held an active license for 5 years. The remaining two council members shall be residents of this state and must not be or ever have been con­nected with the business of community association management.

(b) The Governor shall appoint members for terms of 4 years. Such members shall serve until their succes­sors are appointed. Members ' service on the council shall begin upon appointment and shall continue until their successors are appointed.

(2) The council may adopt rules relating to the licen­sure examination, continuing education requirements, fees , and professional practice standards to assist the department in carrying out the duties and authorities conferred upon the department by this part.

(3) To the extent the council is authorize'd to exer­cise functions otherwise exercised by a board pursuant to chapter 455, the provisions of chapter 455 and s. 20.165 relating to regulatory boards shall apply, includ­ing, but not limited to, provisions relating to board rules and the accountability and liability of board members. All proceedings and actions of the council are subject to the provisions of chapter 120. In addition, the provi­sions of chapter 455 and s. 20.165 shall apply to the department in carrying out the duties and authorities conferred upon the department by this part.

HislOry.- ss. 10. 14, ch. 87-343; s. 4, ch. 91- 429; s. 3, ch. 94-350; s . 3, ch. 96-291.

Note.- Former s . 468.434.

468.432 Licensure of community association man­agers; exceptions.-

( 1) A person shall not manage or hold himself out to the public as being able to manage a community associ­ation in this state unless he is licensed by the depart­ment in accordance with the provisions of this part. However, nothing in this part proh ibits any person licensed in this state under any other law or court rule from engaging in the profession for which he is licensed.

(2) Nothing in this part prohibits a corporation, part­nership, trust, association, or other like organization from engaging in the business of community association management without being licensed if it employs licensed natural persons in the direct provision of com­munity association management services. Such corpo­ration, partnership, trust, association, or other organiza­tion shall also file with the department a statement on a form approved by the department that it submits itself to the rules of the council and the department and the provisions of this part which the department deems applicable.

Hiatory.- ss. 8, 14, ch. 87··343; s 2, ch. 89- 155; s. 4, ch. 91-429; s. 4, ch. 96-291 .

468.433 Licensure by examination.-(1) A person desiring to be licensed as a community

association manager shall apply to the department to

1742

s. 468.433 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.436

take the licensure examination. Each applicant must file a complete set of fingerprints that have been taken by an authorized law enforcement officer, which set of fin­gerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The cost of processing shall be borne by the applicant. The department shall examine each applicant who is at least 18 years of age and who the department certifies is of good moral character.

(a) Good moral character means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and nation.

(b) The department may refuse to certify an appli­cant only if:

1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a community association manager: and

2. The finding by the department of lack of good moral character is supported by clear and convincing evidence.

(c) When an applicant is found to be unqualified for a license because of a lack of good moral character, the department shall furnish the applicant a statement con­taining its findings, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to a rehearing and appeal.

(2) The council shall approve an examination for llcensure. The examination must demonstrate that the applicant has a fundamental knowledge of state and federal laws relating to the operation of all types of com­munity associations and state laws relating to corpora­tions and nonprofit corporations, proper preparation of community association budgets, proper procedures for noticing and conducting community association meet­ings, insurance matters relating to community associa­tions, and management skills.

(3) The department shall issue a license to practice in this state as a community association manager to any applicant who successfully completes the examination in accordance with this section and pays the appropri­ate fee.

Hi&IQfY.-SS. 9, 14, ch. 87-343; s. 3, ch. 89-155; s. 4, ch. 91-429; s. 2, ch. 94-350; S. 5, ch. 96-291,

468.4336 Renewal ol license.-(1) The department shall renew a license upon

receipt of the renewal application and fee and upon proof of compliance with the continuing education requirements of s. 468.4337.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.

Hialmy.-s. 6, ch. 96-291.

468.4337 Continuing education.-The department may not renew a license until the licensee submits proof that the licensee has completed the requisite hours of continuing education. No more than 10 hours of continu­ing education annually shall be required for renewal of a license. The number of hours, criteria, and course con­tent shall be approved by the council by rule.

History.-s. 7. ch. 96-291.

468.4338 Reactivation; continuing education.­The council shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license may not exceed 10 classroom hours for each year the license was inactive.

HislQfY.-s. 8, ch. 96-291.

468.434 Advisory council; membership; functions. [Amended and transferred to s. 468.4315 bys. 3, ch. 96-291.]

468.435 Fees; establishment; disposition.-(1) The council shall, by rule, establish fees for the

described purposes and within the ranges specified in this section:

(a) Application fee: not less than $25, or more than $50.

(b) Examination fee: not less than $25, or more than $100.

(c) Initial license fee: not less than $25, or more than $100.

(d) Renewal of license fee: not less than $25, or more than $100.

(e) Delinquent license fee: not less than $25, or more than $50.

(f) Inactive license fee: not less than $10, or more than $25.

(2) Until the council adopts rules establishing fees under subsection (1 ), the lower amount in each range shall apply.

(3) Fees collected under this section shall be depos­ited to the credit of the Professional Regulation Trust Fund.

(4) The council shall establish fees that are ade­quate to fund the cost to implement the provisions of this part. Fees shall be based on the department esti­mates of the revenue required to implement this part and the provisions of law with respect to the regulation of community association managers.

HislQfY.-ss. 11, 14, ch. 87-343; s. 4, ch. 91-429; s. 9, ch. 96-291.

468.436 Disciplinary proceedings.-( 1) The following acts constitute grounds for which

the disciplinary actions in subsection (3) may be taken: (a) Violation of any provision of s. 455.227(1 ). (b)1. Violation of any provision of this part. 2. Violation of any lawful order or rule rendered or

adopted by the department or the council. 3. Being convicted of or pleading nolo contendere

to a felony in any court in the United States. 4. Obtaining a license or certification or any other

order, ruling, or authorization by means of fraud, misrep­resentation, or concealment of material facts.

5. Committing acts of gross misconduct or gross negligence in connection with the profession.

(2) The council shall specify by rule the acts or omis­sions that constitute a violation of subsection (1 ).

(3) When the department finds any community asso­ciation manager guilty of any of the grounds set forth in subsection (1 ), it may enter an order imposing one or more of the following penalties:

(a) Denial of an application for licensure. (b) Revocation or suspension of a license.

1743

s. 468.436 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.504

(c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.

(d) Issuance of a reprimand. (e) Placement of the community association man­

ager on probation for a period of time and subject to such conditions as the department specifies.

(f) Restriction of the authorized scope of practice by the community association manager.

(4) The department shall reissue the license of a dis­ciplined community association manager upon certifica­tion by the department that the disciplined person has complied with all of the terms and conditions set forth in the final order.

Hiatory.-ss. 12, 14, ch. 87- 343: s . 4, ch. 89-155: s. 4, ch. 91 -429; s. 4, ch. 94-350; S . 10, ch. 96-291 .

468.4365 Availability of disciplinary records and proceedings.- Notwithstanding s. 455.225, any com­plaint or record maintained by the Department of Busi­ness and Professional Regulation pursuant to the disci­pline of a licensed community association manager and any proceeding held by the department to discipline a licensed community association manager shall remain open and available to the public.

Hlatory.-s. 11 , ch. 96-291.

PARTX

DIETETICS AND NUTRITION PRACTICE

468.501 468.502 468.503 468.504 468.505 468.506 468.507 468.508 468.509

468.51

468.511 468.512 468.513

468.514 468.515 468.516 468.517 468.518

Short title. Purpose and intent. Definitions. License required . Exemptions; exceptions. Dietetics and Nutrition Practice Council. Authority to adopt rules. Fees. Dietitian/nutritionist; requirements for licen­

sure. Nutrition counselor; requirements for licen-

sure. Dietitian/nutritionist; temporary permit. License to be displayed. Dietit ian/nutritionist ; licensure by endorse-

ment. Renewal of license. Inactive status . Practice requirements. Prohibitions; penalties. Grounds for disciplinary action.

468.501 Short title.- This part may be cited as the "Dietetics and Nutrition Practice Act ."

History.- ss . 1. 20. ch. 88-236; s. 4, ch. 91-429: s. 1, ch. 96-367.

468.502 Purpose and intent.-The Legislature finds that the practice of dietetics and nutrition or nutrition counseling by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature further finds that it is difficult for the public to make informed choices about d ietitians and nutrition­ists and that the consequences of wrong choices could seriously endanger the public health and safety. The sole legislative purpose in enacting this part is to ensure

that every person who practices dietetics and nutrition or nutrition counseling in this state meets minimum requirements for safe practice. It is the legislative intent that any person practicing d ietetics and nutrition or nutrition counseling who falls below minimum compe­tency or who otherwise presents a danger to the public be prohibited from practicing in this state. It is also the intent of the Legislature that the practice of nutrition counseling be authorized and regulated solely within the limits expressly provided by this part and any rules adopted pursuant thereto.

Hi1tory.-ss. 2, 20, ch. 88-236: s. 4, ch. 91-429; s. 2, ch. 96- 367.

468.503 Definilions.-As used in this part: (1) "Agency" means the Agency for Health Care

Administration. (2) "Board" means the Board of Medicine. (3) "Dietetics" means the integration and application

of the principles derived from the sciences of nutrition, biochemistry, food , physiology, and management and from the behavioral and social sciences to achieve and maintain a person's health throughout the person 's life . It is an integral part of preventive, diagnostic, curative , and restorative health care of individuals, groups, or both.

(4) "Dietetics and nutrition practice" shall include assessing nutrition needs and status using appropriate data; recommend ing appropriate dietary regimens, nutrition support, and nutrient intake; improving health status through nutrition research, counseling, and edu­cation; and developing, implementing, and managing nutrition care systems, which includes, but is not limited to, evaluating, modifying, and maintaining appropriate standards of high quality in food and nutrition care ser­vices.

(5) "Dietetic technician" means a person who assists in the provision of dietetic and nutrition services under the supervision of a qualified professional.

(6) "Licensed dietitian/nutritionist" means a person licensed pursuant to s. 468.509.

(7) "Licensed nutrition counselor" means a person licensed pursuant to s. 468.51 .

(8) "Nutrition assessment" means the evaluation of the nutrition needs of individuals or groups, using appro­priate data to determine nutrient needs or status and make appropriate nutrition recommendations.

(9) "Nutrition counseling" means advising and assist­ing individuals or groups on appropriate nutrition intake by integrating information from the nutrition assess­ment.

(10) "Preprofessional experience component" means a planned and continuous supervised practice experi­ence in dietetics or nutrition.

(11) "Registered dietitian" means an individual regis­tered with the Commission on Dietetic Registration, the accrediting body of the American Dietetic Association.

Hi&tory.- ss. 3, 20, ch. 88-236; s. 4, ch. 91-429: s. 144, ch. 94-218; s. 3, ch. 96- 367.

468.504 License required.-No person may engage for remuneration in dietetics and nutrition prac­tice or nutrition counseling or hold himself or herself out as a practitioner of dietetics and nutrition practice or

1744

s. 468.504 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.506

nutrition counseling unless the person is licensed in accordance with the provisions of this part.

Hiatory.-ss. 4, 20, ch. 88-236: s. 4, ch. 91-429; s. 4, ch. 96-367.

468.505 Exemptions; exceptions.-( 1) Nothing in this part may be construed as prohib­

iting or restricting the practice, services, or activities of: (a) A person licensed in this state under chapter

457, chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 464, chapter 465, chapter 466, chapter 480, chapter 490, or chapter 491, when engaging in the profession or occupation for which he or she is licensed, or of any person employed by and under the supervision of the licensee when ren­dering services within the scope of the profession or occupation of the licensee;

(b) A person employed as a dietitian by the govern­ment of the United States, if the person engages in dietetics solely under direction or control of the organi­zation by which the person is employed;

(c) A person employed as a cooperative extension home economist;

(d) A person pursuing a course of study leading to a degree in dietetics and nutrition from a program. or school accredited pursuant to s. 468.509(2), 1f the act1v1-ties and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person's status as a student or trainee;

(e) A person fulfilling the supervised experience component of s. 468.509, if the activities and services constitute a part of the experience necessary to meet the requirements of s. 468.509;

(f) Any dietitian or nutritionist from another state practicing dietetics or nutrition incidental to a course of study when taking or giving a postgraduate course or other course of study in this state, provided such dieti­tian or nutritionist is licensed in another jurisdiction or is a registered dietitian or holds an appointment on the fac­ulty of a school accredited pursuant to s. 468.509(2);

(g) A person who markets or distributes food, food materials, or dietary supplements, or any person who engages in the explanation of the use and benefits of those products or the preparation of those products, if that person does not engage for a fee in dietetics and nutrition practice or nutrition counseling;

(h) A person who markets or distributes food, food materials, or dietary supplements, or any person who engages in the explanation of the use of those products or the preparation of those products, as an employee of an establishment permitted pursuant to chapter 465;

(i) An educator who is in the employ of a nonprofit organization approved by the council; a federal, state, county, or municipal agency, or other political subdivi­sion; an elementary or secondary school; or an accred­ited institution of higher education the definition of which, as provided in s. 468.509(2), applies to other sec­tions of this part, insofar as the activities and services of the educator are part of such employment;

U) Any person who provides weight control services or related weight control products, provided the pro­gram has been reviewed by, consultation is available from, and no program change can be initiated without

prior approval by a licensed dietitian/nutritionist, a dieti­tian or nutritionist licensed in another state that has licensure requirements considered by the council to be at least as stringent as the requirements for licensure under this part, or a registered dietitian;

(k) A person employed by a hospital licensed under chapter 395, or by a nursing home or assisted living facil­ity licensed under part II or part Ill of chapter 400, or by a continuing care facility certified under chapter 651, rf the person is employed in compliance with the laws and rules adopted thereunder regarding the operation of its dietetic department;

(I) A person employed by a nursing facility exempt from licensing under s. 395.002(12), or a person exempt from licensing under s. 464.022; or

(m) A person employed as a dietetic technician. (2) Nothing in this part may be construed to prohibit

or limit any person from the tree dissemination of infor­mation, or from conducting a class or seminar or giving a speech, related to nutrition.

(3) The provisions of this part have no applica~ion ~o the practice of the religious tenets of any church in lhJS state.

(4) Notwithstanding any other provision of this part, an individual registered by the Commission on Dietetic Registration of the American Dietetic Association has the right to use the title "Registered Dietitian" and the designation "R.D."

History.--ss. 5, 20, ch. 88-236; s. 4, ch. 91-429: s. 86. ch, 92 .. 289: s, 41, ch, 95-210; S. 5, ch. 96-367.

468.506 Dietetics and Nutrition Practice Council.­There is created the Dietetics and Nutrition Practice Council under the supervision of the board. The council shall consist of four persons licensed under this part and one consumer who is 60 years of age or older. Council members shall be appointed by the board. Licensed members shall be appointed based on the proportion of licensees within each of the respective disciplines. Members shall be appointed for 4-year staggered terms. In order to be eligible for appointment, each licensed member must have been a licensee under this part for at least 3 years prior to his or her appointment. No council member shall serve more than two succes­sive terms. The board may delegate such powers and duties to the council as it may deem proper to carry out the operations and procedures necessary to effectuate the provisions of this part. However, the powers and duties delegated to the council by the board must encompass both dietetics and nutrition practice and nutrition counseling. Any time there is a vacancy on the council, any professional association composed of per­sons licensed under this part may recommend licensees to fill the vacancy to the board in a number at least twice the number of vacancies to be tilted, and the board may appoint from the submitted list, in its discretion, any of those persons so recommended. Any professional asso­ciation composed of persons licensed under this part may file an appeal regarding a council appointment with the director of the agency, whose decision shall be final. The board shall fix council members' compensation and pay their expenses in the same manner as provided in s. 455.207.

History.-ss. 6, 19, 20, ch. 88-236; ss. 4. 5. ch. 91-429; s. 6, ch. 96-367

1745

s. 468.507 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.511

468.507 Authority to adopt rules.-The board may adopt such rules not inconsistent with law as may be necessary to carry out the duties and authority con­ferred upon the board by this part and chapter 455. The powers and duties of the board as set forth in this part shall in no way limit or interfere with the powers and duties of the board as set forth in chapter 458. All pow­ers and duties of the board set forth in this part shall be supplemental and additional powers and duties to those conferred upon the board by chapter 458.

Hiatory.-ss. 7, 20, ch. 88-236; s. 4, ch. 91-429; s. 7, ch. 96-367.

468.508 Fees.-The board shall, by rule, establish fees to be paid for applications and examination, reex­amination, licensing and renewal, licensure by endorse­ment, temporary permits, renewal, renewal of inactive licenses, reactivation of inactive licenses, recordmaking, and recordkeeping. The board shall establish fees which are adequate to administer and implement the provi­sions of this part.

(1) The application fee shall not exceed $100 and shall not be refundable.

(2) The examination fee shall not exceed $500 and shall be refundable if the applicant is found to be ineligi­ble to take the licensure examination.

(3) The initial licensure fee shall not exceed $500. (4) The fee for reexamination shall not exceed $250. (5) The biennial renewal fee shall not exceed $500. (6) The fee for licensure by endorsement shall not

exceed $350. (7) The fee for a temporary permit shall not exceed

$200. (8) The fee for reactivation of an inactive license

shall not exceed $50. History.-ss. 8, 20, ch. Bll-236; s. 43, ch. 89-162; s. 44, ch. 89-374; s. 4, ch.

91-429; s. B, ch. 96-J67.

468.509 Dietitian/nutritionist; requirements for licensure.-

(1) Any person desiring to be licensed as a dietitian/ nutritionist shall apply to the agency to take the licen­sure examination.

(2) The agency shall examine any applicant who the board certifies has completed the application form and remitted the application and examination fees specified in s. 468.508 and who:

(a)1. Possesses a baccalaureate or postbaccalau-reate degree with a major course of study in human nutrition, food and nutrition, dietetics, or food manage­ment, or an equivalent major course of study, from a school or program accredited, at the time of the appli­cant's graduation, by the appropriate accrediting agency recognized by the Commission on Recognition of Postsecondary Accreditation and the United States Department of Education; and

2. Has completed a preprofessional experience component of not less than 900 hours or has education or experience determined to be equivalent by the board; or

(b)1. Has an academic degree, from a foreign coun­try, that has been validated by an accrediting agency approved by the United States Department of Education as equivalent to the baccalaureate or postbaccataureate degree conferred by a regionally accredited college or university in the United States;

2. Has completed a major course of study in human nutrition, food and nutrition, dietetics, or food manage­ment; and

3. Has completed a preprofessional experience component of not less than 900 hours or has education or experience determined to be equivalent by the board.

(3) The board shall waive the examination require­ment for an applicant who presents evidence satisfac­tory to the board that the applicant is a registered dieti­tian.

(4) The agency shall license as a dietitian/ nutritionist any applicant who has remitted the initial licensure fee and has passed the examination in accord­ance with this section.

HlalOry.-ss. 9, 20, ch. Bll-236; s. 25, ch. 91-220: s. 4, ch. 91-429; s. 27, ch. 94-310; s. 9, ch. 96-367.

1468.51 Nutrition counselor; requirements for licen­sure.-

(1) Any person desiring to be licensed as a nutrition counselor shall apply to the agency for licensure.

(2) The agency shall license as a nutrition counselor any applicant who the board certifies is qualified and who has remitted an application and initial licensure fee.

(3) The board shall certify as qualified any applicant who documents that the applicant was employed as a practitioner of nutrition counseling previous to and on April 1, 1988.

Hiatory.-ss. 10, 20, ch. Bll-236; s. 4, ch. 91-429; ss. 10, 11, ch. 96--367. 'Note.-Sec!ion 11, ch. 96-367, amended s 468.51, effective April 1, 1997, to

read: 468.51 Nutrition CO<Jnaelor; renewal of lk:anaure.-Any person IJfeviously

certified as qualified by the board and holding a license to practice as a nutrition counselor in this state which was issued during the period from July 1, 19Bll, to March 30, 1997, based upon documentation that the person was employed as a practitioner of nutrition counseling previous to and on. April 1, 1988, shall be eligible to renew his "' her license pursuant lo s. 468.514.

468.511 Dietitian/nutritionist; temporary permit.­(1) A temporary permit to practice dietetics and

nutrition may be issued by the board on the filing of an application, payment of a temporary permit fee, and the submission of evidence of the successful completion of the educational requirement under s. 468.509. The initial application shall be signed by the supervising licensee.

(2) A person practicing under a temporary permit shall be under the supervision and direction of a licensed dietitian/nutritionist.

(3) A temporary permit shall expire 1 year from the date of issuance.

(4) One extension of a temporary permit may be granted for good cause shown.

(5) If the board determines that an applicant is quali­fied to be licensed by endorsement under s. 468.513, the board may issue the applicant a temporary permit to practice dietetics and nutrition until the next board meeting at which license applications are to be consid­ered, but not for a longer period of time.

(6) If the board determines that an applicant has not passed an examination recognized by the board and is not qualified to be licensed by endorsement, but has otherwise met all the requirements of s. 468.509 and has made application for the next scheduled examination, the board may issue the applicant a temporary permit allowing him or her to practice dietetics and nutrition under the supervision of a licensed dietitian/nutritionist until notification of the results of the examination.

Hlatory.-ss. 11, 20, ch. Bll-236; s. 4, ch. 91-429; s. 12, cit 96-367.

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s. 468.512 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 468.517

468.512 License to be displayed.-(1 )(a) A licensed dietitian/nutritionist may use the

words "dietitian," "licensed dietitian," "nutritionist," or "licensed nutritionist," in connection with the licensee's name or place of business, to denote licensure under this part.

(b) A licensed nutrition counselor may use the words "nutrition counselor," "licensed nutrition counselor," "nutritionist," or "licensed nutritionist," in connection with the licensee's name or place of business, to denote licensure under this part.

(2) Each person to whom a license is issued under this part shall keep such license conspicuously dis­played in his or her office, place of business, or place of employment and, whenever required, shall exhibit such license to any member or authorized representative of the board.

Hlstory.-ss. 12, 20. ch. SB-236; s. 4, ch. 91-429; s. 13, ch. 96-367

468.513 Dietitian/nutritionist; licensure by endorsement.-

( 1) The agency shall issue a license to practice dietetics and nutrition by endorsement to any applicant who the board certifies as qualified, upon receipt of a completed application and the fee specified in s. 468.508.

(2) The board shall certify as qualified for licensure by endorsement under this section any applicant who:

(a) Presents evidence satisfactory to the board that he or she is a registered dietitian; or

(b) Holds a valid license to practice dietetics or nutri­tion issued by another state, district, or territory of the United States, if the criteria for issuance of such license are determined by the board to be substantially equiva­lent to or more stringent than those of this state.

(3) The agency shall not issue a license by endorse­ment under this section to any applicant who is under investigation in any jurisdiction for any act which would constitute a violation of this part or chapter 455 until such time as the investigation is complete and disciplin­ary proceedings have been terminated.

History.-ss. 13, 20, ch. SB-236; s. 4, ch. 91-429; s. 14, ch. 96-367.

468.514 Renewal of license.-(1) The agency shall renew a license under this part

upon receipt of the renewal application, fee, and proof of the successful completion of continuing education requirements as determined by the board.

(2) The agency shall adopt rules establishing a pro­cedure for the biennial renewal of licenses under this part.

History.-ss. 14, 20, ch. SB-236; s. 4, ch. 91-429; s. 202, ch. 94-119; s. 15, ch. 96-367

468.515 Inactive status.-(1) A license under this part which has become inac­

tive may be reactivated pursuant to this section. (2) The agency shall reactivate a license under this

part upon receipt of the reactivation application, fee, and proof of the successful completion of continuing education prescribed by the board.

(3) The board shall adopt rules relating to licenses under this part which have become inactive and for the reactivation of inactive licenses. The board shall pre-

scrjbe, by rule, continuing education requirements for reactivating a license. The continuing education require­ments for reactivating a license may not exceed 20 classroom hours for each year the license was inactive.

History.-ss. HS, 20, ch. 88-236; s. 4, ch. 91--429; s. 203, ch. 94-119; s. 16, ch. 96-367.

468.516 Practice requirements.-( 1 )(a) A licensee under this part shall not implement

a dietary plan for a condition for which the patient is under the active care of a physician licensed under chapter 458 or chapter 459, without the oral or written dietary order of the referring physician. In the event the licensee is unable to obtain authorization or consultation after a good faith effort to obtain it from the physician, the licensee may use professional discretion in provid­ing nutrition services until authorization or consultation is obtained from the physician.

(b) The licensee shall refer a patient to a physician licensed under chapter 458 or chapter 459 upon the rec­ognition of a condition within the scope of practice as authorized under chapter 458 or chapter 459, unless the patient has been referred by or is currently being treated by a physician licensed under chapter 458 or chapter 459.

(2)(a) A licensee under this part shall not implement a dietary plan for a chiropractic condition for which the patient is under the active care of a chiropractic physi­cian licensed under chapter 460, without the oral or writ­ten dietary order of the referring chiropractic physician. In the event the licensee is unable to obtain authoriza­tion or consultation after a good faith effort to obtain it from the chiropractic physician, the licensee may use professional discretion in providing nutrition services until authorization or consultation is obtained from the chiropractic physician.

(b) The licensee shall refer a patient to a chiropractic physician licensed under chapter 460 upon the recogni­tion of a condition within the scope of practice as author­ized under chapter 460, unless the patient has been referred or is currently being treated by a chiropractic physician licensed under chapter 460.

Hiatory.-ss. 16, 20, ch. 88-236; s. 4, ch. 91--429; s. 17, ch. 96-367.

468.517 Prohibitions; penalties.­(1) A person may not knowingly: (a) Engage in dietetics and nutrition practice or

nutrition counseling for remuneration unless the person is licensed under this part;

(b) Use the name or title "dietitian," "licensed dieti­tian," "nutritionist," "licensed nutritionist," "nutrition coun­selor," or "lice.nsed 'nutrition counselor," or any other words, letters, abbreviations, or insignia indicating or implying that he or she is a dietitian, nutritionist, or nutri­tion counselor, or otherwise hold himself or herself out as such, unless the person is the holder of a valid license issued under this part;

(c) Present as his or her own the license of another; (d) Give false or forged evidence to the board or a

member thereof; (e) Use or attempt to use a license that has been

suspended, revoked, or placed on inactive or delinquent status;

(f) Employ unlicensed persons to engage in dietet­ics and nutrition practice or nutrition counseling; or

1747

s. 468.517 1996 SUPPLEMENT TO FLORIDA ST A TUTES 1995 s. 468.617

(g) Conceal information relative to any violation of this part.

(2) A person who violates any provision of this sec­tion commits a misdemeanor of the first degree, punish­able as provided in s. 775.082 or s. 775.083.

HislDl}'.-SS. 17, 20, ch. 88-236: s. 100, ch. 91- 224: s. 4, ch. 91-429: s. 204, ch. 94- 119: s. 18, ch. 96- 367.

468.518 Grounds for disciplinary action.-(1) The following acts constitute grounds for which

the disciplinary actions in subsection (2) may be taken: (a) Violating any provision of this part, any board or

agency rule adopted pursuant thereto, or any lawful order of the board or agency previously entered in a disciplinary hearing held pursuant to this part, or fail ing to comply with a lawfully issued subpoena of the agency. The provisions of this paragraph also apply to any order or subpoena previously issued by the Depart­ment of Business and Professional Regulation during its period of regulatory control over this part.

(b) Being unable to engage in dietetics and nutrition practice or nutrition counseling with reasonable skil l and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of mate­rial or as a result of any mental or physical condition.

1. A licensee whose license is suspended or revoked pursuant to this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that he or she can resume the competent practice of dietet­ics and nutrition or nutrition counseling with reasonable skill and safety to patients.

2. Neither the record of the proceeding nor the orders entered by the board in any proceeding under this paragraph may be used against a licensee in any other proceeding.

(c) Attempting to procure or procuring a license to practice dietetics and nutrition or nutrition counseling by fraud or material misrepresentation of material fact .

(d) Having a license to practice dietetics and nutri­tion or nutrition counseling revoked, suspended, or oth­erwise acted against, including the denial of licensure by the licensing authority of another state, district, terri­tory, or country.

(e) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of dietetics and nutrition or nutrition counseling or the ability to practice dietetics and nutrition or nutri­tion counseling.

(f) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law. willfully imped­ing or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or rec­ords include only those that are signed in the capacity of a licensed dietitian/ nutritionist or licensed nutrition counselor.

(g) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

(h) Committing an act of fraud or deceit, or of negli­gence, incompetency, or misconduct in the practice of dietetics and nutrition or nutrition counseling.

(i) Practicing with a revoked, suspended, inactive, or delinquent license.

(j) Treating or undertaking to treat human ailments by means other than by dietetics and nutrit ion practice or nutrition counseling.

(k) Failing to maintain acceptable standards of prac­tice as set forth by the board and the council in rules adopted pursuant to this part.

(I) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or busi­ness associate of the referring person. Nothing in this part prohibits the members of any regularly and properly organized business entity that is composed of licensees under this part and recognized under the laws of this state from making any division of their total fees among themselves as they determine necessary.

(m) Advertising, by or on behalf of a licensee under this part , any method of assessment or treatment which is experimental or without generally accepted scientific validation.

(2) When the board finds any licensee guilty of any of the grounds set forth in subsection ( 1 ), it may enter an order imposing one or more of the following penalties:

(a) Denial of an application for licensure; (b) Revocation or suspension of a license; (c) Imposition of an administrative fine not to exceed

$1,000 for each violation; (d) Issuance of a reprimand or letter of guidance; (e) Placement of the licensee on probation for a

period of time and subject to such conditions as the board may specify, including requiring the licensee to attend continuing education courses or to work under the supervision of a licensed dietitian/nutritionist or licensed nutrition counselor; or

(f) Restriction of the authorized scope of practice of the licensee.

(3) The agency shall reissue the license of a disci­plined diet itian/nutritionist or nutrition counselor upon certification by the board that the disciplined dietitian/ nutritionist or nutrition counselor has complied with all of the terms and conditions set forth in the final order.

Hisloty.- ss. 18, 20, ch. 88- 236; s. 4, ch. 91-429: s. 205, ch. 94- 119: s. 19, ch. 96- 367.

PART XIII

BUILDING CODE ADMINISTRATORS AND INSPECTORS

468.617 Joint inspection department; other arrange­ments.

468.617 Joint inspection department; other arrangements.-

(1) Nothing in this part shall prohibit any local juris­diction from entering into and carrying out contracts with any other local jurisdiction under which the parties agree to create and support a joint inspection depart­ment for conforming to the provisions of this part. In lieu of a joint inspection department, any local jurisdiction

1748

s. 468.617 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 470.002

may designate an inspector from another local jurisdic­tion to serve as an inspector for the purposes of this part.

(2) Nothing in this part shall prohibit local govern­ments from employing persons certified pursuant to this part to perform inspections on a contract basis.

(3) Nothing in this part shall prohibit any county or municipal government from entering into any contract with any person or entity for the provision of services regulated under this part, and notwithstanding any other statutory provision, such county or municipal govern­ments may enter into contracts which provide for pay­ment of inspection or review fees directly to the contract provider.

Histol')'.-S. 24, ch. 9~166; s. 3, ch. 96-298: s. 73, ch. 96-388.

CHAPTER 470

FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION

470.002 470.015

470.0201 470.024 470.025 470.0294

470.0301

470.035

Definitions. Renewal of funeral director and embalmer

licenses. Health and safety education. Funeral establishment; licensure. Cinerator facility; licensure. Additional rights of legally authorized per­

sons. Removal services; refrigeration facilities;

centralized embalming facilities. Itemized price lists.

470.002 Definitions.-As used in this chapter: (1) "Department" means the Department of Busi­

ness and Professional Regulation. (2) "Board" means the Board of Funeral Directors

and Embalmers. (3) "Funeral director" means any person licensed

under this chapter to practice funeral directing in this state.

(4) "Practice of funeral directing" means the perform­ance by a licensed funeral director of any of those func­tions authorized bys. 470.0087.

(5) "Embalmer" means any person licensed under this chapter to practice embalming in this state.

(6) "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with pre­serving and disinfecting chemicals.

(7) "Funeral establishment" means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming.

(8) "Direct disposal establishment" means a facility registered under this chapter where a direct disposer practices direct disposition.

(9) "Direct disposer" means any person registered under this chapter to practice direct disposition in this state.

(10) "Practice of direct disposition" means the crema­tion of human remains without preparation of the human remains by embalming and without any attendant ser-

vices or rites such as funeral or graveside services or the making of arrangements for such final disposition.

(11) "Final disposition" means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, or delivery to a medi­cal institution for lawful dissection if the medical institu­tion assumes responsibility for disposal. "Final disposition" does not include the disposal or distribution of ashes and residue of cremated human remains.

(12) "Funeral merchandise" or "merchandise" means any merchandise commonly sold in connection with the funeral, final disposition, or memorialization of human remains, including. but not limited to, caskets, outer burial containers, alternative containers, cremation con­tainers, urns, monuments, private mausoleums, flowers, shrubs, benches, vases, acknowledgment cards, regis­ter books, memory folders, prayer cards, and clothing.

(13) "Funeral" or "funeral service" means the obser­vances, services, or ceremonies held to commemorate the life of a specific deceased human being, and at which the human remains are present.

(14) "Cinerator" means a facility where dead human bodies are reduced to a residue, including bone frag­ments, by direct flame, also known as "cremation," or by intense heat, also known as "calcination."

(15) "Alternative container" means a nonmetal recep­tacle or enclosure which is less expensive than a casket and of sufficient strength to be used to hold and trans­port a dead human body.

(16) "Casket" means a rigid container which is designed for the encasement of human remains for burial and which is usually constructed of wood or metal, ornamented, and lined with fabric.

(17) "Solicitation" means any communication which directly or implicitly requests an immediate oral response from the recipient.

(18) "Legally authorized person" means, in the priority listed, the decedent, when written inter vivas authoriza­tions and directions are provided by the decedent, the surviving spouse, son or daughter who is 18 years of age or older, parent, brother or sister 18 years of age or over, grandchild who is 18 years of age or older, or grandpar­ent; or any person in the next degree of kinship. In addi­tion, the term may include, if no family exists or is avail­able, the following: the guardian of the dead person at the time of death; the personal representative of the deceased; a public health officer; the medical examiner, county commission or administrator acting under chap­ter 245, or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as authorized person.

(19) "Outer burial container" means an enclosure into which a casket is placed , including , but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(20) "Personal residence" means any residential build­ing in which one temporarily or permanently maintains his or her abode, including, but not limited to, an apart­ment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institu­tion.

1749