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Senate Bill 0248
    Florida Senate - 1998                                   SB 248

    By Senator Brown-Waite





    10-208A-98

  1                      A bill to be entitled

  2         An act relating to the practice of medicine;

  3         providing for the revocation of the licenses of

  4         health care professionals who are convicted of

  5         sexual misconduct; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 455.567, Florida Statutes is

10  amended to read:

11         455.567  Sexual misconduct; disqualification for

12  license, certificate, or registration.--Each board within the

13  jurisdiction of the department, or the department if there is

14  no board, shall permanently revoke the license, certificate,

15  or registration of any health care professional or shall

16  refuse to admit a candidate to any examination and refuse to

17  issue a license, certificate, or registration to any applicant

18  if the licensee, candidate, or applicant has:

19         (1)  Had any license, certificate, or registration to

20  practice any profession or occupation revoked or surrendered

21  based on a violation of sexual misconduct in the practice of

22  that profession under the laws of any other state or any

23  territory or possession of the United States and has not had

24  that license, certificate, or registration reinstated by the

25  licensing authority of the jurisdiction that revoked the

26  license, certificate, or registration; or

27         (2)  Committed any act in this state or any other

28  state, or any territory, or possession of the United States,

29  which if committed in this state would constitute sexual

30  misconduct.

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    Florida Senate - 1998                                   SB 248
    10-208A-98




  1         (3)  As used in this section, the term "sexual

  2  misconduct" means a violation of the professional-patient

  3  relationship through which the health care professional uses

  4  that relationship to induce or attempt to induce the patient

  5  to engage, or to engage or attempt to engage the patient, in

  6  sexual activity outside the scope of the practice or the scope

  7  of generally accepted examination or treatment of the patient.

  8

  9  A licensing authority's acceptance of a candidate's

10  relinquishment of a license which is offered in response to or

11  in anticipation of the filing of administrative charges

12  against the candidate's license constitutes the surrender of

13  the license.

14         Section 2.  This act shall take effect July 1, 1998.

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17                          SENATE SUMMARY

18         Provides for the revocation of the license of any
    health care professional who is convicted of sexual
19  misconduct.

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