The Florida Senate

395.10975  Grounds for denial, suspension, or revocation of a health care risk manager's license; administrative fine.--

(1)  The agency may, in its discretion, deny, suspend, revoke, or refuse to renew or continue the license of any health care risk manager or applicant, if it finds that as to such applicant or licensee any one or more of the following grounds exist:

(a)  Any cause for which issuance of the license could have been refused had it then existed and been known to the agency.

(b)  Giving false or forged evidence to the agency for the purpose of obtaining a license.

(c)  Having been found guilty of, or having pleaded guilty or nolo contendere to, a crime in this state or any other state relating to the practice of risk management or the ability to practice risk management, whether or not a judgment or conviction has been entered.

(d)  Having been found guilty of, or having pleaded guilty or nolo contendere to, a felony, or a crime involving moral turpitude punishable by imprisonment of 1 year or more under the law of the United States, under the law of any state, or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.

(e)  Making or filing a report or record which the licensee knows to be false; or intentionally failing to file a report or record required by state or federal law; or willfully impeding or obstructing, or inducing another person to impede or obstruct, the filing of a report or record required by state or federal law. Such reports or records shall include only those which are signed in the capacity of a licensed health care risk manager.

(f)  Fraud or deceit, negligence, incompetence, or misconduct in the practice of health care risk management.

(g)  Violation of any provision of this part or any other law applicable to the business of health care risk management.

(h)  Violation of any lawful order or rule of the agency or failure to comply with a lawful subpoena issued by the department.

(i)  Practicing with a revoked or suspended health care risk manager license.

(j)  Repeatedly acting in a manner inconsistent with the health and safety of the patients of the licensed facility in which the licensee is the health care risk manager.

(k)  Being unable to practice health care risk management with reasonable skill and safety to patients by reason of illness; drunkenness; or use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. Any person affected under this paragraph shall have the opportunity, at reasonable intervals, to demonstrate that he or she can resume the competent practices of health care risk manager with reasonable skill and safety to patients.

(l)  Willfully permitting unauthorized disclosure of information relating to a patient or a patient's records.

(m)  Discriminating in respect to patients, employees, or staff on account of race, religion, color, sex, or national origin.

(2)  If the agency finds that one or more of the grounds set forth in subsection (1) exist, it may, in lieu of or in addition to suspension or revocation, enter an order imposing one or more of the following penalties:

(a)  Imposition of an administrative fine not to exceed $2,500 for each count or separate offense.

(b)  Issuance of a reprimand.

(c)  Placement of the licensee on probation for a period of time and subject to such conditions as the agency may specify, including requiring the licensee to attend continuing education courses or to work under the supervision of another licensee.

(3)  The agency may reissue the license of a disciplined licensee in accordance with the provisions of this part.

History.--ss. 38, 53, ch. 85-175; s. 26, ch. 87-226; s. 185, ch. 90-363; s. 4, ch. 91-429; s. 313, ch. 97-102; s. 30, ch. 98-89.

Note.--Former s. 626.945.