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Senate Bill 0256

Florida Senate - 1998 SB 256 By the Committee on Health Care 317-375A-98 1 A bill to be entitled 2 An act relating to regulation of health care 3 professions; creating boards within the 4 Department of Health to function as 5 multidisciplinary probable cause panels to 6 assist the Secretary of the Department of 7 Health in disciplining health care 8 professionals under the department's 9 jurisdiction; providing requirements for the 10 appointment of board members; providing terms 11 of appointment; providing requirements for the 12 boards to assist the Department of Health in 13 the regulation of health care professionals; 14 providing for the applicability of part II of 15 chapter 455, F.S., to the activities of the 16 disciplinary boards; providing for a training 17 program for board members; providing the 18 Secretary of the Department of Health with the 19 authority to take final agency action with 20 respect to all disciplinary cases involving 21 health practitioners within the department; 22 revising requirements for existing boards 23 within the Department of Health to discipline 24 health care professionals; amending ss. 25 455.614, 455.617, 455.621, 455.624, 455.627, 26 455.707, F.S.; conforming those sections to the 27 revision of the disciplinary system for health 28 care professionals within the Department of 29 Health; amending s. 455.644, F.S.; revising 30 requirements for an annual report; amending ss. 31 457.109, 458.331, 459.015, 460.413, 461.004, 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 461.013, 463.016, 464.018, 465.016, 466.028, 2 468.1295, 468.1685, 468.1755, 468.217, 468.365, 3 468.518, 468.811, 480.046, 484.014, 484.042, 4 484.056, 486.125, 490.009, 491.009, F.S.; 5 conforming those sections to the revision of 6 the disciplinary system used for health care 7 professionals within the Department of Health; 8 correcting terminology; providing for 9 appointment of a task force to develop 10 procedures to ensure uniformity and 11 accountability in the implementation and 12 enforcement of the disciplinary process among 13 health care professionals within the Department 14 of Health; repealing s. 458.307(4) and (5), 15 F.S., which provide training requirements for 16 the Board of Medicine members who participate 17 in disciplinary proceedings and provide 18 requirements for members of the Board of 19 Medicine who are appointed to probable cause 20 panels; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. (1) The Medical/Nursing Disciplinary Board 25 is created within the Division of Medical Quality Assurance 26 within the Department of Health and shall consist of eleven 27 members appointed by the Governor and confirmed by the Senate. 28 The chairman of the appropriate regulatory board may recommend 29 a list of professional members for appointment by the Governor 30 to the disciplinary board. The membership of each disciplinary 31 board may include former board members. When the Governor 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 considers the appointment of any candidate to serve on the 2 board who is not a health care practitioner, the Governor must 3 give consideration to the candidate's knowledge of and 4 advocacy concerning health care consumer issues. 5 (2) The members of the disciplinary board must be 6 residents of this state. One member must be a physician 7 licensed under chapter 458, Florida Statutes. One member must 8 be a physician licensed under chapter 459, Florida Statutes. 9 One member must be a physician assistant licensed under 10 chapter 458 or chapter 459, Florida Statutes. One member must 11 be a physician licensed under chapter 461, Florida Statutes. 12 One member must be a nurse licensed under chapter 464, Florida 13 Statutes. One member must be a pharmacist licensed under 14 chapter 465, Florida Statutes. One member must be a dentist 15 licensed under chapter 466, Florida Statutes. Four members 16 must be consumers who have never been medical physicians, 17 osteopathic physicians, physician assistants, podiatric 18 physicians, nurses, pharmacists, dentists, or members of a 19 closely related profession. 20 (3) Members of the disciplinary board shall be 21 appointed for terms of 4 years each and shall serve until 22 their successors are appointed. However, for the purpose of 23 staggering terms, three of the original board members shall 24 serve terms of 4 years each, three shall serve terms of 3 25 years each, three shall serve terms of 2 years each, and two 26 shall serve terms of 1 year each, as designated by the 27 Governor. Members may be reappointed for additional terms. 28 (4) The Medical/Nursing Disciplinary Board shall 29 determine whether probable cause exists that a violation of 30 the provisions of part II, chapter 455, Florida Statutes, the 31 applicable practice acts for persons licensed under chapter 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 458, chapter 459, chapter 461, chapter 464, chapter 465, or 2 chapter 466, Florida Statutes, or the rules adopted pursuant 3 thereto, has occurred. In the event that consideration of a 4 case is begun but not completed during the term of a sitting 5 disciplinary board, these members may reconvene for the 6 purpose of completing their deliberations on that case. The 7 disciplinary board, in conjunction with the Department of 8 Health, shall establish a training program for disciplinary 9 board members. The program shall provide for initial and 10 periodic training in the grounds for disciplinary action, the 11 actions that may be taken by the disciplinary board and the 12 department, changes in relevant statutes and rules, and any 13 relevant judicial and administrative decisions. After January 14 1, 2000, a member of the disciplinary board may not 15 participate in making a determination regarding probable cause 16 or any other disciplinary decision unless the board member has 17 completed the disciplinary training program. 18 (5) All provisions of part II, chapter 455, Florida 19 Statutes, relating to activities of the disciplinary board 20 shall apply. 21 Section 2. (1) The Rehabilitation Disciplinary Board 22 is created within the Division of Medical Quality Assurance 23 within the Department of Health and shall consist of nine 24 members appointed by the Governor and confirmed by the Senate. 25 The chairman of the appropriate regulatory board may recommend 26 a list of professional members for appointment by the Governor 27 to the disciplinary board. The membership of each disciplinary 28 board may include former board members. When the Governor 29 considers the appointment of any candidate to serve on the 30 board who is not a health care practitioner, the Governor must 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 give consideration to the candidate's knowledge of and 2 advocacy concerning health care consumer issues. 3 (2) The members of the disciplinary board must be 4 residents of the state. One member must be an acupuncturist 5 licensed under chapter 457, Florida Statutes. One member must 6 be a chiropractor licensed under chapter 460, Florida 7 Statutes. One member must be an occupational therapist 8 licensed under part III of chapter 468, Florida Statutes. One 9 member must be a physical therapist licensed under chapter 10 486, Florida Statutes. One member must be a prosthetist, 11 orthotist, or pedorthotist licensed under part XIV of chapter 12 468, Florida Statutes. One member must be a massage therapist 13 licensed under chapter 480, Florida Statutes. Three members 14 must be consumers who have never been acupuncturists, 15 chiropractors, occupational therapists, physical therapists, 16 prosthetists, orthotists, pedorthotists, massage therapists, 17 or members of a closely related profession. 18 (3) Members of the disciplinary board shall be 19 appointed for terms of 4 years each and shall serve until 20 their successors are appointed. However, for the purpose of 21 staggering terms, three of the original board members shall 22 serve terms of 4 years each, two shall serve terms of 3 years, 23 two shall serve terms of 2 years each, and two shall serve 24 terms of 1 year each, as designated by the Governor. 25 (4) The Rehabilitation Disciplinary Board shall 26 determine whether probable cause exists that a violation of 27 the provisions of part II, chapter 455, Florida Statutes, the 28 applicable practice acts for persons licensed under chapter 29 457, chapter 460, part III of chapter 468, chapter 486, part 30 XIV of chapter 468, or chapter 480, Florida Statutes, or the 31 rules adopted pursuant thereto, has occurred. If consideration 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 of a case is begun but not completed during the term of a 2 sitting disciplinary board, those members may reconvene for 3 the purpose of completing their deliberations on that case. 4 The disciplinary board, in conjunction with the Department of 5 Health, shall establish a disciplinary training program for 6 disciplinary board members. The program shall provide for 7 initial and periodic training in the grounds for disciplinary 8 action, the actions that may be taken by the disciplinary 9 board and the department, changes in relevant statutes and 10 rules, and any relevant judicial and administrative decisions. 11 After January 1, 2000, no member of the disciplinary board 12 shall participate in making a determination regarding probable 13 cause or any other disciplinary decision unless the board 14 member has completed the disciplinary training program. 15 (5) All provisions of part II, chapter 455, Florida 16 Statutes, relating to activities of the disciplinary board 17 shall apply. 18 Section 3. (1) The Vision, Speech, and Hearing Care 19 Disciplinary Board is created within the Division of Medical 20 Quality Assurance within the Department of Health and shall 21 consist of nine members appointed by the Governor and 22 confirmed by the Senate. The chairman of the appropriate 23 regulatory board may recommend a list of professional members 24 for appointment by the Governor to the disciplinary board. The 25 membership of each disciplinary board may include former board 26 members. When the Governor considers the appointment of any 27 candidate to serve on the board who is not a health care 28 practitioner, the Governor must give consideration to the 29 candidate's knowledge of and advocacy concerning health care 30 consumer issues. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (2) The members of the disciplinary board must be 2 residents of this state. One member must be a physician 3 licensed under chapter 458 or chapter 459, Florida Statutes, 4 whose specialty practice area is ophthalmology or 5 otolaryngology. One member must be an optometrist licensed 6 under chapter 463, Florida Statutes. One member must be a 7 speech-language pathologist or audiologist licensed under part 8 I of chapter 468, Florida Statutes. One member must be an 9 optician licensed under part I of chapter 484, Florida 10 Statutes. One member must be a hearing aid specialist licensed 11 under part II of chapter 484, Florida Statutes. Four members 12 must be consumers who have never been medical physicians, 13 osteopathic physicians, optometrists, speech-language 14 pathologists, audiologists, opticians, hearing aid 15 specialists, or members of a closely related profession. 16 (3) Members of the disciplinary board shall be 17 appointed for terms of 4 years each and shall serve until 18 their successors are appointed. However, for the purpose of 19 staggering terms, three of the original board members shall 20 serve terms of 4 years each, two shall serve terms of 3 years 21 each, two shall serve terms of 2 years each, and two shall 22 serve terms of 1 year each, as designated by the Governor. 23 (4) The Vision, Speech, and Hearing Care Disciplinary 24 Board shall determine whether probable cause exists that a 25 violation of the provisions of part II, chapter 455, Florida 26 Statutes, the applicable practice acts for persons licensed 27 under chapter 463, part I of chapter 468, or chapter 484, 28 Florida Statutes, or the rules adopted pursuant thereto, has 29 occurred. If consideration of a case is begun but not 30 completed during the term of a sitting disciplinary board, 31 those members may reconvene for the purpose of completing 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 their deliberations on that case. The disciplinary board, in 2 conjunction with the Department of Health, shall establish a 3 disciplinary training program for disciplinary board members. 4 The program shall provide for initial and periodic training in 5 the grounds for disciplinary action, the actions that may be 6 taken by the disciplinary board and the department, changes in 7 relevant statutes and rules, and any relevant judicial and 8 administrative decisions. After January 1, 2000, a member of 9 the disciplinary board may not participate in making a 10 determination regarding probable cause or any other 11 disciplinary decision unless the board member has completed 12 the disciplinary training program. 13 (5) All provisions of part II, chapter 455, Florida 14 Statutes, relating to activities of the disciplinary board 15 shall apply. 16 Section 4. (1) The Behavioral Health Disciplinary 17 Board is created within the Division of Medical Quality 18 Assurance within the Department of Health and shall consist of 19 nine members appointed by the Governor and confirmed by the 20 Senate. The chairman of the appropriate regulatory board may 21 recommend a list of professional members for appointment by 22 the Governor to the disciplinary board. The membership of each 23 disciplinary board may include former board members. When the 24 Governor considers the appointment of any candidate to serve 25 on the board who is not a health care practitioner, the 26 Governor must give consideration to the candidate's knowledge 27 of and advocacy concerning health care consumer issues. 28 (2) The members of the disciplinary board must be 29 residents of this state. One member must be a physician 30 licensed under chapter 458 or chapter 459, Florida Statutes, 31 whose specialty practice area is psychiatry. One member must 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 be a psychologist licensed under chapter 490, Florida 2 Statutes. One member must be a clinical social worker licensed 3 under chapter 491, Florida Statutes. One member must be a 4 marriage and family therapist licensed under chapter 491, 5 Florida Statutes. One member must be a mental health counselor 6 licensed under chapter 491, Florida Statutes. Four members 7 must be consumers who have never been medical physicians, 8 osteopathic physicians, psychologists, clinical social 9 workers, marriage and family therapists, mental health 10 counselors, or members of a closely related profession. 11 (3) Members of the disciplinary board shall be 12 appointed for terms of 4 years each and shall serve until 13 their successors are appointed. However, for the purpose of 14 staggering terms, three of the original board members shall 15 serve terms of 4 years each, two shall serve terms of 3 years 16 each, two shall serve terms of 2 years each, and two shall 17 serve terms of 1 year each, as designated by the Governor. 18 (4) The Behavioral Health Disciplinary Board shall 19 determine whether probable cause exists that a violation of 20 the provisions of part II, chapter 455, Florida Statutes, the 21 applicable practice acts for psychologists licensed under 22 chapter 490, Florida Statutes, and chapter 491, Florida 23 Statutes, or the rules adopted pursuant thereto, has occurred 24 except that in any disciplinary case involving a school 25 psychologist, the Department of Health shall make the 26 determination regarding the existence of probable cause. If 27 consideration of a case is begun but not completed during the 28 term of a sitting disciplinary board, those members may 29 reconvene for the purpose of completing their deliberations on 30 that case. The disciplinary board, in conjunction with the 31 Department of Health, shall establish a disciplinary training 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 program for disciplinary board members. The program shall 2 provide for initial and periodic training in the grounds for 3 disciplinary action, the actions that may be taken by the 4 disciplinary board and the department, changes in relevant 5 statutes and rules, and any relevant judicial and 6 administrative decisions. After January 1, 2000, a member of 7 the disciplinary board may not participate in making a 8 determination regarding probable cause or any other 9 disciplinary decision unless the board member has completed 10 the disciplinary training program. 11 (5) All provisions of part II, chapter 455, Florida 12 Statutes, relating to activities of the disciplinary board 13 shall apply. 14 Section 5. (1) The Allied Health Disciplinary Board 15 is created within the Division of Medical Quality Assurance 16 within the Department of Health and shall consist of nine 17 members appointed by the Governor and confirmed by the Senate. 18 The chairman of the appropriate regulatory board may recommend 19 a list of professional members for appointment by the Governor 20 to the disciplinary board. The membership of each disciplinary 21 board may include former board members. When the Governor 22 considers the appointment of any candidate to serve on the 23 board who is not a health care practitioner, the Governor must 24 give consideration to the candidate's knowledge of and 25 advocacy concerning health care consumer issues. 26 (2) The members of the disciplinary board must be 27 residents of the state. One member must be a physician 28 licensed under chapter 458 or chapter 459, Florida Statutes, 29 who is a general practitioner. One member must be a nursing 30 home administrator licensed under part II of chapter 468, 31 Florida Statutes. One member must be a respiratory therapist 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 licensed under part V of chapter 468, Florida Statutes. One 2 member must be a dietitian/nutritionist licensed under part X 3 of chapter 468, Florida Statutes. One member must be an 4 electrologist licensed under chapter 478, Florida Statutes. 5 One member must be licensed as clinical laboratory personnel 6 under part IV of chapter 483, Florida Statutes. Three members 7 must be consumers who have never been medical physicians, 8 osteopathic physicians, nursing home administrators, 9 respiratory therapists, dietitian/nutritionists, 10 electrologists, clinical laboratory personnel, or members of a 11 closely related profession. 12 (3) Members of the disciplinary board shall be 13 appointed for terms of 4 years each and shall serve until 14 their successors are appointed. However, for the purpose of 15 staggering terms, three of the original board members shall 16 serve terms of 4 years each, two shall serve terms of 3 years 17 each, two shall serve terms of 2 years each, and two shall 18 serve terms of 1 year, as designated by the Governor. 19 (4) The Allied Health Disciplinary Board shall 20 determine whether probable cause exists that a violation of 21 the provisions of part II, chapter 455, Florida Statutes, the 22 applicable practice acts for persons licensed under part II of 23 chapter 468, part V of chapter 468, part X of chapter 468, 24 chapter 478, or part IV of chapter 483, Florida Statutes, or 25 the rules adopted pursuant thereto, has occurred. If 26 consideration of a case is begun but not completed during the 27 term of a sitting disciplinary board, those members may 28 reconvene for the purpose of completing their deliberations on 29 that case. The disciplinary board, in conjunction with the 30 Department of Health, shall establish a disciplinary training 31 program for disciplinary board members. The program shall 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 provide for initial and periodic training in the grounds for 2 disciplinary action, the actions that may be taken by the 3 disciplinary board and the department, changes in relevant 4 statutes and rules, and any relevant judicial and 5 administrative decisions. After January 1, 2000, a member of 6 the disciplinary board may not participate in making a 7 determination regarding probable cause or any other 8 disciplinary decision unless the board member has completed 9 the disciplinary training program. 10 (5) All provisions of part II, chapter 455, Florida 11 Statutes, relating to activities of the disciplinary board 12 shall apply. 13 Section 6. Subsections (1), (2), and (5) of section 14 455.614, Florida Statutes, are amended to read: 15 455.614 Mediation.-- 16 (1) Notwithstanding the provisions of s. 455.621, 17 effective July 1, 2001 the board, or the department when there 18 is no board, shall adopt rules to designate which violations 19 of the applicable professional practice act of professions 20 within the department are appropriate for mediation. The 21 board, or the department when there is no board, may designate 22 as mediation offenses those complaints where harm caused by 23 the licensee is economic in nature or can be remedied by the 24 licensee. 25 (2) After the department determines a complaint is 26 legally sufficient and the alleged violations are defined as 27 mediation offenses, the department or any agent of the 28 department may conduct informal mediation to resolve the 29 complaint. If the complainant and the subject of the complaint 30 agree to a resolution of a complaint within 14 days after 31 contact by the mediator, the mediator shall notify the 12 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 department of the terms of the resolution. The department or 2 board shall take no further action unless the complainant and 3 the subject each fail to record with the department an 4 acknowledgment of satisfaction of the terms of mediation 5 within 60 days of the mediator's notification to the 6 department. In the event the complainant and subject fail to 7 reach settlement terms or to record the required 8 acknowledgment, the department shall process the complaint 9 according to the provisions of s. 455.621. 10 (5) The department Any board created on or after 11 January 1, 1995, shall have 6 months to adopt rules 12 designating which violations are appropriate for mediation, 13 after which time the department shall have exclusive authority 14 to adopt rules pursuant to this section. A board shall have 15 continuing authority to amend its rules adopted pursuant to 16 this section. 17 Section 7. Subsections (1), (2), (3), and (6) of 18 section 455.617, Florida Statutes, are amended to read: 19 455.617 Authority to issue citations.-- 20 (1) Notwithstanding s. 455.621, the board, or the 21 department if there is no board, shall adopt rules to permit 22 the issuance of citations. The citation shall be issued to the 23 subject and shall contain the subject's name and address, the 24 subject's license number if applicable, a brief factual 25 statement, the sections of the law allegedly violated, and the 26 penalty imposed. The citation must clearly state that the 27 subject may choose, in lieu of accepting the citation, to 28 follow the procedure under s. 455.621. If the subject disputes 29 the matter in the citation, the procedures set forth in s. 30 455.621 must be followed. However, if the subject does not 31 dispute the matter in the citation with the department within 13 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 30 days after the citation is served, the citation becomes a 2 final order and constitutes discipline. The penalty shall be a 3 fine or other conditions as established by rule. 4 (2) Effective July 1, 2001, The board, or the 5 department if there is no board, shall adopt rules designating 6 violations for which a citation may be issued. Such rules 7 shall designate as citation violations those violations for 8 which there is no substantial threat to the public health, 9 safety, and welfare. 10 (3) The department shall be entitled to recover the 11 costs of investigation, in addition to any penalty provided 12 according to board or department rule, as part of the penalty 13 levied pursuant to the citation. 14 (6) The department A board created on or after January 15 1, 1992, has 6 months in which to enact rules designating 16 violations and penalties appropriate for citation offenses. 17 Failure to enact such rules gives the department exclusive 18 authority to adopt rules as required for implementing this 19 section. A board has continuous authority to amend its rules 20 adopted pursuant to this section. 21 Section 8. Section 455.621, Florida Statutes, is 22 amended to read: 23 455.621 Disciplinary proceedings.--Disciplinary 24 proceedings for each board shall be within the jurisdiction of 25 the department. 26 (1) The department, for the boards under its 27 jurisdiction, shall cause to be investigated any complaint 28 that is filed before it if the complaint is in writing, signed 29 by the complainant, and legally sufficient. A complaint is 30 legally sufficient if it contains ultimate facts that show 31 that a violation of this part, of any of the practice acts 14 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 relating to the professions regulated by the department, or of 2 any rule adopted by the department or a regulatory board in 3 the department has occurred. In order to determine legal 4 sufficiency, the department may require supporting information 5 or documentation. The department may investigate, and the 6 department or the appropriate board may take appropriate final 7 action on, a complaint even though the original complainant 8 withdraws it or otherwise indicates a desire not to cause the 9 complaint to be investigated or prosecuted to completion. The 10 department may investigate an anonymous complaint if the 11 complaint is in writing and is legally sufficient, if the 12 alleged violation of law or rules is substantial, and if the 13 department has reason to believe, after preliminary inquiry, 14 that the violations alleged in the complaint are true. The 15 department may investigate a complaint made by a confidential 16 informant if the complaint is legally sufficient, if the 17 alleged violation of law or rule is substantial, and if the 18 department has reason to believe, after preliminary inquiry, 19 that the allegations of the complainant are true. The 20 department may initiate an investigation if it has reasonable 21 cause to believe that a licensee or a group of licensees has 22 violated a Florida statute, a rule of the department, or a 23 rule of a board. Except as provided in ss. 458.331(9), 24 459.015(9), 460.413(5), and 461.013(6), when an investigation 25 of any subject is undertaken, the department shall promptly 26 furnish to the subject or the subject's attorney a copy of the 27 complaint or document that resulted in the initiation of the 28 investigation. The subject may submit a written response to 29 the information contained in such complaint or document within 30 20 days after service to the subject of the complaint or 31 document. The subject's written response shall be considered 15 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 by the appropriate disciplinary board probable cause panel. 2 The right to respond does not prohibit the issuance of a 3 summary emergency order if necessary to protect the public. 4 However, if the secretary, or the secretary's designee, and 5 the chairman of the respective disciplinary board or the 6 chairman of its probable cause panel agree in writing that 7 such notification would be detrimental to the investigation, 8 the department may withhold notification. The department may 9 conduct an investigation without notification to any subject 10 if the act under investigation is a criminal offense. 11 (2) The department shall allocate sufficient and 12 adequately trained staff to expeditiously and thoroughly 13 determine legal sufficiency and investigate all legally 14 sufficient complaints. For purposes of this section, it is the 15 intent of the Legislature that the term "expeditiously" means 16 that the department complete the report of its initial 17 investigative findings and recommendations concerning the 18 existence of probable cause within 6 months after its receipt 19 of the complaint. The failure of the department, for 20 disciplinary cases under its jurisdiction, to comply with the 21 time limits of this section while investigating a complaint 22 against a licensee constitutes harmless error in any 23 subsequent disciplinary action unless a court finds that 24 either the fairness of the proceeding or the correctness of 25 the action may have been impaired by a material error in 26 procedure or a failure to follow prescribed procedure. When 27 its investigation is complete and legally sufficient, the 28 department shall prepare and submit to the probable cause 29 panel of the appropriate disciplinary regulatory board the 30 investigative report of the department. The report shall 31 contain the investigative findings and the recommendations of 16 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 the department concerning the existence of probable cause. At 2 any time after legal sufficiency is found, the department may 3 dismiss any case, or any part thereof, if the department 4 determines that there is insufficient evidence to support the 5 prosecution of allegations contained therein. The department 6 shall provide a detailed report to the appropriate 7 disciplinary board probable cause panel prior to dismissal of 8 any case or part thereof, and to the subject of the complaint 9 after dismissal of any case or part thereof, under this 10 section. For cases dismissed prior to a finding of probable 11 cause, such report is confidential and exempt from s. 12 119.07(1). The disciplinary board probable cause panel shall 13 have access, upon request, to the investigative files 14 pertaining to a case prior to dismissal of such case. If the 15 department dismisses a case, the probable panel may retain 16 independent legal counsel, employ investigators, and continue 17 the investigation and prosecution of the case as it deems 18 necessary. 19 (3) As an alternative to the provisions of subsections 20 (1) and (2), when a complaint is received, the department may 21 provide a licensee with a notice of noncompliance for an 22 initial offense of a minor violation. Effective July 1, 2001, 23 Each board, or the department, with the advice of the 24 appropriate disciplinary board and board if there is no board, 25 shall establish by rule those minor violations under this 26 provision which do not endanger the public health, safety, and 27 welfare and which do not demonstrate a serious inability to 28 practice the profession. Failure of a licensee to take action 29 in correcting the violation within 15 days after notice may 30 result in the institution of regular disciplinary proceedings. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (4) The determination as to whether probable cause 2 exists shall be made by majority vote of a probable cause 3 panel of the disciplinary board, or by the department, as 4 appropriate. Each regulatory board shall provide by rule that 5 The determination of probable cause shall be made by the 6 appropriate disciplinary board a panel of its members or by 7 the department. Each board may provide by rule for multiple 8 probable cause panels composed of at least two members. Each 9 board may provide by rule that one or more members of the 10 panel or panels may be A former board member may serve on a 11 disciplinary board to temporarily fill any vacancy on the 12 disciplinary board. The length of term or repetition of 13 service of any such former board member on a disciplinary 14 board probable cause panel may vary according to the direction 15 of the board when authorized by board rule. Any probable cause 16 panel must include one of the board's former or present 17 consumer members, if one is available, is willing to serve, 18 and is authorized to do so by the board chairman. Any probable 19 cause panel must include a present board member. Any probable 20 cause panel must include a former or present professional 21 board member. However, Any former professional board member 22 serving on a disciplinary board the probable cause panel must 23 hold an active valid license for that profession. All 24 proceedings of the disciplinary board panel are exempt from s. 25 286.011 until 10 days after probable cause has been found to 26 exist by the disciplinary board panel or until the subject of 27 the investigation waives his privilege of confidentiality. The 28 disciplinary board probable cause panel may make a reasonable 29 request, and upon such request the department shall provide 30 such additional investigative information as is necessary to 31 the determination of probable cause. A request for additional 18 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 investigative information shall be made within 15 days from 2 the date of receipt by the disciplinary board probable cause 3 panel of the investigative report of the department or the 4 agency. The disciplinary board probable cause panel or the 5 department, as may be appropriate, shall make its 6 determination of probable cause within 30 days after receipt 7 by it of the final investigative report of the department. The 8 secretary may grant extensions of the 15-day and the 30-day 9 time limits. In lieu of a finding of probable cause, the 10 disciplinary board probable cause panel, or the department if 11 there is no board, may issue a letter of guidance to the 12 subject. If, within the 30-day time limit, as may be extended, 13 the disciplinary board probable cause panel does not make a 14 determination regarding the existence of probable cause or 15 does not issue a letter of guidance in lieu of a finding of 16 probable cause, the department must make a determination 17 regarding the existence of probable cause within 10 days after 18 the expiration of the time limit. If the disciplinary board 19 probable cause panel finds that probable cause exists, it 20 shall direct the department to file a formal complaint against 21 the licensee. The department shall follow the directions of 22 the disciplinary board probable cause panel regarding the 23 filing of a formal complaint. If directed to do so, the 24 department shall file a formal complaint against the subject 25 of the investigation and prosecute that complaint pursuant to 26 chapter 120. However, the department may decide not to 27 prosecute the complaint if it finds that probable cause has 28 been improvidently found by the disciplinary board panel. In 29 such cases, the department shall refer the matter to the 30 board. The board may then file a formal complaint and 31 prosecute the complaint pursuant to chapter 120. The 19 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 department shall also refer to the disciplinary board any 2 investigation or disciplinary proceeding not before the 3 Division of Administrative Hearings pursuant to chapter 120 or 4 otherwise completed by the department within 1 year after the 5 filing of a complaint. The department, for disciplinary cases 6 under its jurisdiction, must establish a uniform reporting 7 system to quarterly refer to each disciplinary board the 8 status of any investigation or disciplinary proceeding that is 9 not before the Division of Administrative Hearings or 10 otherwise completed by the department within 1 year after the 11 filing of the complaint. Annually, the department if there is 12 no board, or each disciplinary board must establish a plan to 13 reduce or otherwise close any investigation or disciplinary 14 proceeding that is not before the Division of Administrative 15 Hearings or otherwise completed by the department within 1 16 year after the filing of the complaint. A probable cause 17 panel or a board may retain independent legal counsel, employ 18 investigators, and continue the investigation as it deems 19 necessary; all costs thereof shall be paid from a trust fund 20 used by the department to implement this part. All 21 proceedings of the disciplinary board probable cause panel are 22 exempt from s. 120.525. 23 (5) A formal hearing before an administrative law 24 judge from the Division of Administrative Hearings shall be 25 held pursuant to chapter 120 if there are any disputed issues 26 of material fact. The administrative law judge shall issue a 27 recommended order pursuant to chapter 120. If any party raises 28 an issue of disputed fact during an informal hearing, the 29 hearing shall be terminated and a formal hearing pursuant to 30 chapter 120 shall be held. 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (6) The appropriate board, with those members of the 2 panel, if any, who reviewed the investigation pursuant to 3 subsection (5) being excused, or the department when there is 4 no board, shall determine and issue the final order in each 5 disciplinary case. Such order shall constitute final agency 6 action. Any consent order or agreed-upon settlement shall be 7 subject to the approval of the department. 8 (7) The department shall have standing to seek 9 judicial review of any final order of the board, pursuant to 10 s. 120.68. 11 (7)(8) Any proceeding for the purpose of summary 12 suspension of a license, or for the restriction of the 13 license, of a licensee pursuant to s. 120.60(6) shall be 14 conducted by the secretary of the Department of Health or his 15 or her designee, as appropriate, who shall issue the final 16 summary order. 17 (8)(9)(a) The department shall periodically notify the 18 person who filed the complaint of the status of the 19 investigation, indicating whether probable cause has been 20 found and the status of any civil action or administrative 21 proceeding or appeal. 22 (b) In any disciplinary case for which probable cause 23 has been found, the department shall provide to the person who 24 filed the complaint a copy of the administrative complaint 25 and: 26 1. A written explanation of how an administrative 27 complaint is resolved by the disciplinary process. 28 2. A written explanation of how and when the person 29 may participate in the disciplinary process. 30 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 3. A written notice of any hearing before the Division 2 of Administrative Hearings or the department regulatory board 3 at which final agency action may be taken. 4 (c) In any disciplinary case for which probable cause 5 is not found, the department shall so inform the person who 6 filed the complaint and notify that person that he or she may, 7 within 60 days, provide any additional information to the 8 disciplinary board or department probable cause panel which 9 may be relevant to the decision. In any administrative 10 proceeding under s. 120.57, the person who filed the 11 disciplinary complaint shall have the right to present oral or 12 written communication relating to the alleged disciplinary 13 violations or to the appropriate penalty. 14 (9)(10) The complaint and all information obtained 15 pursuant to the investigation by the department are 16 confidential and exempt from s. 119.07(1) until 10 days after 17 probable cause has been found to exist by the disciplinary 18 board probable cause panel or by the department, or until the 19 regulated professional or subject of the investigation waives 20 his privilege of confidentiality, whichever occurs first. Upon 21 completion of the investigation and pursuant to a written 22 request by the subject, the department shall provide the 23 subject an opportunity to inspect the investigative file or, 24 at the subject's expense, forward to the subject a copy of the 25 investigative file. Notwithstanding s. 455.667, the subject 26 may inspect or receive a copy of any expert witness report or 27 patient record connected with the investigation if the subject 28 agrees in writing to maintain the confidentiality of any 29 information received under this subsection until 10 days after 30 probable cause is found and to maintain the confidentiality of 31 patient records pursuant to s. 455.667. The subject may file a 22 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 written response to the information contained in the 2 investigative file. Such response must be filed within 20 3 days, unless an extension of time has been granted by the 4 department. This subsection does not prohibit the department 5 from providing such information to any law enforcement agency 6 or to any other regulatory agency. 7 (10)(11) A privilege against civil liability is hereby 8 granted to any complainant or any witness with regard to 9 information furnished with respect to any investigation or 10 proceeding pursuant to this section, unless the complainant or 11 witness acted in bad faith or with malice in providing such 12 information. 13 (11)(12)(a) No person who reports in any capacity, 14 whether or not required by law, information to the department 15 with regard to the incompetence, impairment, or unprofessional 16 conduct of any health care provider licensed under chapter 17 458, chapter 459, chapter 460, chapter 461, chapter 462, 18 chapter 463, chapter 464, chapter 465, or chapter 466 shall be 19 held liable in any civil action for reporting against such 20 health care provider if such person acts without intentional 21 fraud or malice. 22 (b) No facility licensed under chapter 395, health 23 maintenance organization certificated under part I of chapter 24 641, physician licensed under chapter 458, or osteopathic 25 physician licensed under chapter 459 shall discharge, threaten 26 to discharge, intimidate, or coerce any employee or staff 27 member by reason of such employee's or staff member's report 28 to the department about a physician licensed under chapter 29 458, chapter 459, chapter 460, chapter 461, or chapter 466 who 30 may be guilty of incompetence, impairment, or unprofessional 31 23 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 conduct so long as such report is given without intentional 2 fraud or malice. 3 (c) In any civil suit brought outside the protections 4 of paragraphs (a) and (b) in which intentional fraud or malice 5 is alleged, the person alleging intentional fraud or malice 6 shall be liable for all court costs and for the other party's 7 reasonable attorney's fees if intentional fraud or malice is 8 not proved. 9 Section 9. Subsections (2), (3), and (5) of section 10 455.624, Florida Statutes, are amended to read: 11 455.624 Grounds for discipline; penalties; 12 enforcement.-- 13 (2) When the board, or the department when there is no 14 board, finds any person guilty on of the grounds set forth in 15 subsection (1) or of any grounds set forth in the applicable 16 practice act, including conduct constituting a substantial 17 violation of subsection (1) or a violation of the applicable 18 practice act which occurred prior to obtaining a license, it 19 may enter an order imposing one or more of the following 20 penalties: 21 (a) Refusal to certify, or to certify with 22 restrictions, an application for a license. 23 (b) Suspension or permanent revocation of a license. 24 (c) Restriction of practice. 25 (d) Imposition of an administrative fine not to exceed 26 $5,000 for each count or separate offense. 27 (e) Issuance of a reprimand. 28 (f) Placement of the licensee on probation for a 29 period of time and subject to such conditions as the board, or 30 the department when there is no board, may specify. Those 31 conditions may include, but are not limited to, requiring the 24 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 licensee to undergo treatment, attend continuing education 2 courses, submit to be reexamined, work under the supervision 3 of another licensee, or satisfy any terms which are reasonably 4 tailored to the violations found. 5 (g) Corrective action. 6 (3) In addition to any other discipline imposed 7 pursuant to this section or discipline imposed for a violation 8 of any practice act, the board, or the department when there 9 is no board, may assess costs related to the investigation and 10 prosecution of the case excluding costs associated with an 11 attorney's time. When In any case where the board or the 12 department imposes a fine or assessment and the fine or 13 assessment is not paid within a reasonable time, such 14 reasonable time to be prescribed in the rules of the board, or 15 the department when there is no board, or in the order 16 assessing such fines or costs, the department or the 17 Department of Legal Affairs may contract for the collection 18 of, or bring a civil action to recover, the fine or 19 assessment. 20 (5) If In the event the board, or the department when 21 there is no board, determines that revocation of a license is 22 the appropriate penalty, the revocation shall be permanent. 23 However, the board may establish by rule requirements for 24 reapplication by applicants whose licenses have been 25 permanently revoked. Such requirements may include, but shall 26 not be limited to, satisfying current requirements for an 27 initial license. 28 Section 10. Section 455.627, Florida Statutes, is 29 amended to read: 30 455.627 Disciplinary guidelines.-- 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (1) Each board, or The department, with the advice of 2 the appropriate disciplinary board and if there is no board, 3 shall adopt by rule and periodically review the disciplinary 4 guidelines applicable to each ground for disciplinary action 5 which may be imposed by the board, or the department if there 6 is no board, pursuant to this part, the respective practice 7 acts, and any rule of the board or department. 8 (2) The disciplinary guidelines shall specify a 9 meaningful range of designated penalties based upon the 10 severity and repetition of specific offenses, it being the 11 legislative intent that minor violations be distinguished from 12 those which endanger the public health, safety, or welfare; 13 that such guidelines provide reasonable and meaningful notice 14 to the public of likely penalties that which may be imposed 15 for proscribed conduct; and that such penalties be 16 consistently applied by the department board. 17 (3) A specific finding of mitigating or aggravating 18 circumstances shall allow the department board to impose a 19 penalty other than that provided for in such guidelines. If 20 applicable, the board, or the department if there is no board, 21 shall adopt by rule disciplinary guidelines to designate 22 possible mitigating and aggravating circumstances and the 23 variation and range of penalties permitted for such 24 circumstances. 25 (4) The department must review such disciplinary 26 guidelines for compliance with the legislative intent as set 27 forth herein to determine whether the guidelines establish a 28 meaningful range of penalties and may also challenge such 29 rules pursuant to s. 120.56. 30 (5) The administrative law judge, in recommending 31 penalties in any recommended order, must follow the penalty 26 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 guidelines established by the board or department and must 2 state in writing the mitigating or aggravating circumstances 3 upon which the recommended penalty is based. 4 Section 11. Present subsections (4), (5), (6), (7), 5 (8), (9), and (10) of section 455.644, Florida Statutes, are 6 renumbered as subsections (5), (6), (7), (8), (9), (10), and 7 (11), respectively, and a new subsection (4) is added to that 8 section, to read: 9 455.644 Annual report concerning finances, 10 administrative complaints, disciplinary actions, and 11 recommendations.--The department is directed to prepare and 12 submit a report to the President of the Senate and the Speaker 13 of the House of Representatives by November 1 of each year. In 14 addition to finances and any other information the Legislature 15 may require, the report shall include statistics and relevant 16 information, profession by profession, detailing: 17 (4) The number of letters of guidance issued, with a 18 summary of the alleged disciplinary violation involved in the 19 disciplinary case. 20 Section 12. Subsections (2), (3), (4), and (6) of 21 section 455.707, Florida Statutes, are amended to read: 22 455.707 Treatment programs for impaired 23 practitioners.-- 24 (2) The department shall retain one or more impaired 25 practitioner consultants as recommended by the committee. A 26 consultant shall be a licensee or recovered licensee under the 27 jurisdiction of the Division of Medical Quality Assurance 28 within the department, and at least one consultant must be a 29 practitioner or recovered practitioner licensed under chapter 30 458, chapter 459, or chapter 464. The consultant shall assist 31 the disciplinary board probable cause panel and department in 27 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 carrying out the responsibilities of this section. This shall 2 include working with department investigators to determine 3 whether a practitioner is, in fact, impaired. 4 (3)(a) Whenever the department receives a written or 5 oral legally sufficient complaint alleging that a licensee 6 under the jurisdiction of the Division of Medical Quality 7 Assurance within the department is impaired as a result of the 8 misuse or abuse of alcohol or drugs, or both, or due to a 9 mental or physical condition that which could affect the 10 licensee's ability to practice with skill and safety, and no 11 complaint against the licensee other than impairment exists, 12 the reporting of such information shall not constitute a 13 complaint within the meaning of s. 455.621 if the probable 14 cause panel of the appropriate disciplinary board, or the 15 department when there is no board, finds that: 16 1. The licensee has acknowledged the impairment 17 problem. 18 2. The licensee has voluntarily enrolled in an 19 appropriate, approved treatment program. 20 3. The licensee has voluntarily withdrawn from 21 practice or limited the scope of practice as determined by the 22 disciplinary board panel, or the department when there is no 23 board, in each case, until such time as the disciplinary board 24 panel, or the department when there is no board, is satisfied 25 that the licensee has successfully completed an approved 26 treatment program. 27 4. The licensee has executed releases for medical 28 records, authorizing the release of all records of 29 evaluations, diagnoses, and treatment of the licensee, 30 including records of treatment for emotional or mental 31 conditions, to the consultant. The consultant shall make no 28 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 copies or reports of records that do not regard the issue of 2 the licensee's impairment and his or her participation in a 3 treatment program. 4 (b) If, however, the licensee agrees to withdraw from 5 practice until such time as the consultant determines that the 6 licensee has satisfactorily completed an approved treatment 7 program or evaluation, the disciplinary board probable cause 8 panel, or the department when there is no board, shall not 9 become involved in the licensee's case. 10 (c) Inquiries related to impairment treatment programs 11 designed to provide information to the licensee and others and 12 which do not indicate that the licensee presents a danger to 13 the public shall not constitute a complaint within the meaning 14 of s. 455.621 and shall be exempt from the provisions of this 15 subsection. 16 (d) Whenever the department receives a legally 17 sufficient complaint alleging that a licensee is impaired as 18 described in paragraph (a) and no complaint against the 19 licensee other than impairment exists, the department shall 20 forward all information in its possession regarding the 21 impaired licensee to the consultant. For the purposes of this 22 section, a suspension from hospital staff privileges due to 23 the impairment does not constitute a complaint. 24 (e) The disciplinary board probable cause panel, or 25 the department when there is no board, shall work directly 26 with the consultant, and all information concerning a 27 practitioner obtained from the consultant by the disciplinary 28 board panel, or the department when there is no board, shall 29 remain confidential and exempt from the provisions of s. 30 119.07(1), subject to the provisions of subsections (5) and 31 (6). 29 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (f) A finding of probable cause shall not be made as 2 long as the disciplinary board panel, or the department when 3 there is no board, is satisfied, based upon information it 4 receives from the consultant and the department, that the 5 licensee is progressing satisfactorily in an approved 6 treatment program. 7 (4) In any disciplinary action for a violation other 8 than impairment in which a licensee establishes that the 9 violation for which the licensee is being prosecuted was due 10 to or connected with impairment and further establishes that 11 the licensee is satisfactorily progressing through or has 12 successfully completed an approved treatment program pursuant 13 to this section, such information may be considered by the 14 board, or the department when there is no board, as a 15 mitigating factor in determining the appropriate penalty. This 16 subsection does not limit the nature of the mitigating factors 17 the department board may consider. 18 (6) A consultant, licensee, or approved treatment 19 provider who makes a disclosure pursuant to this section is 20 not subject to civil liability for such disclosure or its 21 consequences. The provisions of s. 766.101 apply to any 22 officer, employee, or agent of the department or the 23 disciplinary board and to any officer, employee, or agent of 24 any entity with which the department has contracted pursuant 25 to this section. 26 Section 13. Subsections (2) and (3) of section 27 457.109, Florida Statutes, are amended to read: 28 457.109 Disciplinary actions; grounds; action by the 29 board.-- 30 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (2) When the department board finds any person guilty 2 of any of the acts set forth in subsection (1), it may enter 3 an order imposing one or more of the following penalties: 4 (a) Refusal to certify to the department an 5 application for licensure. 6 (b) Revocation or suspension of a license. 7 (c) Restriction of practice. 8 (d) Imposition of an administrative fine not to exceed 9 $1,000 for each count or separate offense. 10 (e) Issuance of a reprimand. 11 (f) Placement of the acupuncturist on probation for a 12 period of time and subject to such conditions as the 13 department board may specify. 14 (3) The department shall not reinstate the license of 15 an acupuncturist, or cause a license to be issued to a person 16 whom it has deemed to be unqualified, until such time as the 17 department board is satisfied that he or she has complied with 18 all the terms and conditions set forth in the final order and 19 is capable of safely engaging in the practice of acupuncture. 20 Section 14. Paragraph (t) of subsection (1) and 21 subsections (2), (4), (5), (9), and (10), of section 458.331, 22 Florida Statutes, are amended to read: 23 458.331 Grounds for disciplinary action; action by the 24 board and department.-- 25 (1) The following acts shall constitute grounds for 26 which the disciplinary actions specified in subsection (2) may 27 be taken: 28 (t) Gross or repeated malpractice or the failure to 29 practice medicine with that level of care, skill, and 30 treatment which is recognized by a reasonably prudent similar 31 physician as being acceptable under similar conditions and 31 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 circumstances. The department board shall give great weight 2 to the provisions of s. 766.102 when enforcing this paragraph. 3 As used in this paragraph, "repeated malpractice" includes, 4 but is not limited to, three or more claims for medical 5 malpractice within the previous 5-year period resulting in 6 indemnities being paid in excess of $25,000 each to the 7 claimant in a judgment or settlement and which incidents 8 involved negligent conduct by the physician. As used in this 9 paragraph, "gross malpractice" or "the failure to practice 10 medicine with that level of care, skill, and treatment which 11 is recognized by a reasonably prudent similar physician as 12 being acceptable under similar conditions and circumstances," 13 shall not be construed so as to require more than one 14 instance, event, or act. Nothing in this paragraph shall be 15 construed to require that a physician be incompetent to 16 practice medicine in order to be disciplined pursuant to this 17 paragraph. 18 (2) When the department board finds any person guilty 19 on of any of the grounds set forth in subsection (1), 20 including conduct that would constitute a substantial 21 violation of subsection (1) which occurred prior to licensure, 22 it may enter an order imposing one or more of the following 23 penalties: 24 (a) Refusal to certify, or certification with 25 restrictions, to the department an application for licensure, 26 certification, or registration. 27 (b) Revocation or suspension of a license. 28 (c) Restriction of practice. 29 (d) Imposition of an administrative fine not to exceed 30 $5,000 for each count or separate offense. 31 (e) Issuance of a reprimand. 32 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (f) Placement of the physician on probation for a 2 period of time and subject to such conditions as the 3 department board may specify, including, but not limited to, 4 requiring the physician to submit to treatment, to attend 5 continuing education courses, to submit to reexamination, or 6 to work under the supervision of another physician. 7 (g) Issuance of a letter of concern. 8 (h) Corrective action. 9 (i) Refund of fees billed to and collected from the 10 patient. 11 12 In determining what action is appropriate, the department 13 board must first consider what sanctions are necessary to 14 protect the public or to compensate the patient. Only after 15 those sanctions have been imposed may the disciplining 16 authority consider and include in the order requirements 17 designed to rehabilitate the physician. All costs associated 18 with compliance with orders issued under this subsection are 19 the obligation of the physician. 20 (4) The department board shall not reinstate the 21 license of a physician, or cause a license to be issued to a 22 person whom it deems or has deemed to be unqualified, until 23 such time as it is satisfied that he or she has complied with 24 all the terms and conditions set forth in the final order and 25 that such person is capable of safely engaging in the practice 26 of medicine. 27 (5) The department, with the advice of the appropriate 28 disciplinary board and board, shall by rule establish 29 guidelines for the disposition of disciplinary cases involving 30 specific types of violations. Such guidelines may include 31 minimum and maximum fines, periods of supervision or 33 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 probation, and or conditions of probation or reissuance of a 2 license. "Gross malpractice," "repeated malpractice," and 3 "failure to practice medicine with that level of care, skill, 4 and treatment which is recognized as being acceptable under 5 similar circumstances" under subsection (10) shall each be 6 considered distinct types of violations requiring specific 7 individual guidelines. 8 (9) When an investigation of a physician is 9 undertaken, the department shall promptly furnish to the 10 physician or the physician's attorney a copy of the complaint 11 or document that which resulted in the initiation of the 12 investigation. For purposes of this subsection, such 13 documents include, but are not limited to: the pertinent 14 portions of an annual report submitted to the department 15 pursuant to s. 395.0197(5)(b); a report of an adverse or 16 untoward incident which is provided to the department pursuant 17 to the provisions of s. 395.0197(6); a report of peer review 18 disciplinary action submitted to the department pursuant to 19 the provisions of s. 395.0193(4) or s. 458.337, providing that 20 the investigations, proceedings, and records relating to such 21 peer review disciplinary action shall continue to retain their 22 privileged status even as to the licensee who is the subject 23 of the investigation, as provided by ss. 395.0193(7) and 24 458.337(3); a report of a closed claim submitted pursuant to 25 s. 627.912; a presuit notice submitted pursuant to s. 26 766.106(2); and a petition brought under the Florida 27 Birth-Related Neurological Injury Compensation Plan, pursuant 28 to s. 766.305(2). The physician may submit a written response 29 to the information contained in the complaint or document that 30 which resulted in the initiation of the investigation within 31 45 days after service to the physician of the complaint or 34 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 document. The physician's written response shall be considered 2 by the appropriate disciplinary board probable cause panel. 3 (10) A recommended order by an administrative law 4 judge, or a final order of the department board finding a 5 violation under this section, shall specify whether the 6 licensee was found to have committed "gross malpractice," 7 "repeated malpractice," or "failure to practice medicine with 8 that level of care, skill, and treatment which is recognized 9 as being acceptable under similar conditions and 10 circumstances," or any combination thereof, and any 11 publication by the board shall so specify. 12 Section 15. Paragraph (x) of subsection (1) and 13 subsections (2), (4), (5), and (9) of section 459.015, Florida 14 Statutes, are amended to read: 15 459.015 Grounds for disciplinary action by the 16 board.-- 17 (1) The following acts shall constitute grounds for 18 which the disciplinary actions specified in subsection (2) may 19 be taken: 20 (x) Gross or repeated malpractice or the failure to 21 practice osteopathic medicine with that level of care, skill, 22 and treatment which is recognized by a reasonably prudent 23 similar osteopathic physician as being acceptable under 24 similar conditions and circumstances. The department board 25 shall give great weight to the provisions of s. 766.102 when 26 enforcing this paragraph. As used in this paragraph, "repeated 27 malpractice" includes, but is not limited to, three or more 28 claims for medical malpractice within the previous 5-year 29 period resulting in indemnities being paid in excess of 30 $25,000 each to the claimant in a judgment or settlement and 31 which incidents involved negligent conduct by the osteopathic 35 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 physician. As used in this paragraph, "gross malpractice" or 2 "the failure to practice osteopathic medicine with that level 3 of care, skill, and treatment which is recognized by a 4 reasonably prudent similar osteopathic physician as being 5 acceptable under similar conditions and circumstances" shall 6 not be construed so as to require more than one instance, 7 event, or act. Nothing in this paragraph shall be construed to 8 require that an osteopathic physician be incompetent to 9 practice osteopathic medicine in order to be disciplined 10 pursuant to this paragraph. A recommended order by an 11 administrative law judge or a final order of the department 12 board finding a violation under this paragraph shall specify 13 whether the licensee was found to have committed "gross 14 malpractice," "repeated malpractice," or "failure to practice 15 osteopathic medicine with that level of care, skill, and 16 treatment which is recognized as being acceptable under 17 similar conditions and circumstances," or any combination 18 thereof, and any publication by the department board shall so 19 specify. 20 (2) When the department board finds any person guilty 21 on of any of the grounds set forth in subsection (1), it may 22 enter an order imposing one or more of the following 23 penalties: 24 (a) Refusal to certify, or to certify with 25 restrictions, to the department an application for 26 certification, licensure, renewal, or reactivation. 27 (b) Revocation or suspension of a license or 28 certificate. 29 (c) Restriction of practice. 30 (d) Imposition of an administrative fine not to exceed 31 $5,000 for each count or separate offense. 36 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (e) Issuance of a reprimand. 2 (f) Issuance of a letter of concern. 3 (g) Placement of the osteopathic physician on 4 probation for a period of time and subject to such conditions 5 as the department board may specify, including, but not 6 limited to, requiring the osteopathic physician to submit to 7 treatment, attend continuing education courses, submit to 8 reexamination, or work under the supervision of another 9 osteopathic physician. 10 (h) Corrective action. 11 (i) Refund of fees billed to and collected from the 12 patient. 13 14 In determining what action is appropriate, the department 15 board must first consider what sanctions are necessary to 16 protect the public or to compensate the patient. Only after 17 those sanctions have been imposed may the disciplining 18 authority consider and include in the order requirements 19 designed to rehabilitate the physician. All costs associated 20 with compliance with orders issued under this subsection are 21 the obligation of the physician. 22 (4) The department board shall not reinstate the 23 license or certificate of an osteopathic physician, or cause a 24 license or certificate to be issued to a person whom it has 25 deemed to be unqualified, until such time as it is satisfied 26 that he or she has complied with all the terms and conditions 27 set forth in the final order and that such person is capable 28 of safely engaging in the practice of osteopathic medicine. 29 (5) The department, with the advice of the appropriate 30 disciplinary board and board, shall, by rule, establish 31 comprehensive guidelines for the disposition of disciplinary 37 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 cases involving specific types of violations. Such guidelines 2 shall establish offenses and circumstances for which 3 revocation will be presumed to be appropriate, as well as 4 offenses and circumstances for which suspension for particular 5 periods of time will be presumed to be appropriate. The 6 guidelines shall also establish minimum and maximum fines, 7 periods of supervision or probation, and or conditions of 8 probation and conditions for reissuance of a license with 9 respect to particular circumstances and offenses. "Gross 10 malpractice," "repeated malpractice," and "failure to practice 11 osteopathic medicine with that level of care, skill, and 12 treatment which is recognized as being acceptable under 13 similar conditions and circumstances" under paragraph (1)(x) 14 shall each be considered distinct types of violations 15 requiring specific individual guidelines. 16 (9) When an investigation of an osteopathic physician 17 is undertaken, the department shall promptly furnish to the 18 osteopathic physician or his or her attorney a copy of the 19 complaint or document that which resulted in the initiation of 20 the investigation. For purposes of this subsection, such 21 documents include, but are not limited to: the pertinent 22 portions of an annual report submitted to the department 23 pursuant to s. 395.0197(5)(b); a report of an adverse or 24 untoward incident which is provided to the department pursuant 25 to the provisions of s. 395.0197(6); a report of peer review 26 disciplinary action submitted to the department pursuant to 27 the provisions of s. 395.0193(4) or s. 459.016, provided that 28 the investigations, proceedings, and records relating to such 29 peer review disciplinary action shall continue to retain their 30 privileged status even as to the licensee who is the subject 31 of the investigation, as provided by ss. 395.0193(7) and 38 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 459.016(3); a report of a closed claim submitted pursuant to 2 s. 627.912; a presuit notice submitted pursuant to s. 3 766.106(2); and a petition brought under the Florida 4 Birth-Related Neurological Injury Compensation Plan, pursuant 5 to s. 766.305(2). The osteopathic physician may submit a 6 written response to the information contained in the complaint 7 or document that which resulted in the initiation of the 8 investigation within 45 days after service to the osteopathic 9 physician of the complaint or document. The osteopathic 10 physician's written response shall be considered by the 11 appropriate disciplinary board probable cause panel. 12 Section 16. Paragraph (r) of subsection (1) and 13 subsections (2), (3), (4), and (5) of section 460.413, Florida 14 Statutes, are amended to read: 15 460.413 Grounds for disciplinary action; action by the 16 board.-- 17 (1) The following acts shall constitute grounds for 18 which the disciplinary actions specified in subsection (2) may 19 be taken: 20 (r) Gross or repeated malpractice or the failure to 21 practice chiropractic medicine at a level of care, skill, and 22 treatment which is recognized by a reasonably prudent 23 chiropractic physician as being acceptable under similar 24 conditions and circumstances. The board shall give great 25 weight to the standards for malpractice in s. 766.102 in 26 interpreting this provision. A recommended order by an 27 administrative law judge, or a final order of the department 28 board finding a violation under this section, shall specify 29 whether the licensee was found to have committed "gross 30 malpractice," "repeated malpractice," or "failure to practice 31 chiropractic medicine with that level of care, skill, and 39 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 treatment which is recognized as being acceptable under 2 similar conditions and circumstances," or any combination 3 thereof, and any publication by the department board shall so 4 specify. 5 (2) When the department board finds any person guilty 6 on of any of the grounds set forth in subsection (1), it may 7 enter an order imposing one or more of the following 8 penalties: 9 (a) Refusal to certify to the department an 10 application for licensure. 11 (b) Revocation or suspension of a license. 12 (c) Restriction of practice. 13 (d) Imposition of an administrative fine not to exceed 14 $2,000 for each count or separate offense. 15 (e) Issuance of a reprimand. 16 (f) Placement of the chiropractic physician on 17 probation for a period of time and subject to such conditions 18 as the department board may specify, including requiring the 19 chiropractic physician to submit to treatment, to attend 20 continuing education courses, to submit to reexamination, or 21 to work under the supervision of another chiropractic 22 physician. 23 (g) Imposition of costs of the investigation and 24 prosecution. 25 (h) Requirement that the chiropractic physician 26 undergo remedial education. 27 (i) Issuance of a letter of concern. 28 (j) Corrective action. 29 (k) Refund of fees billed to and collected from the 30 patient or a third party. 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 In determining what action is appropriate, the department 2 board must first consider what sanctions are necessary to 3 protect the public or to compensate the patient. Only after 4 those sanctions have been imposed may the disciplining 5 authority consider and include in the order requirements 6 designed to rehabilitate the chiropractic physician. All costs 7 associated with compliance with orders issued under this 8 subsection are the obligation of the chiropractic physician. 9 (3) The department shall not reinstate the license of 10 a chiropractic physician, or cause a license to be issued to a 11 person whom the board has deemed to be unqualified, until such 12 time as the department board is satisfied that she or he has 13 complied with all the terms and conditions set forth in the 14 final order and that such person is capable of safely engaging 15 in the practice of chiropractic medicine. 16 (4) The department, with the advice of the appropriate 17 disciplinary board and board, shall by rule establish 18 guidelines for the disposition of disciplinary cases involving 19 specific types of violations. Such guidelines may include 20 minimum and maximum fines, periods of supervision or 21 probation, and or conditions of probation or reissuance of a 22 license. "Gross malpractice," "repeated malpractice," and 23 "failure to practice chiropractic medicine with that level of 24 care, skill, and treatment which is recognized as being 25 acceptable under similar circumstances" under paragraph (1)(r) 26 shall each be considered distinct types of violations 27 requiring specific individual guidelines. 28 (5) When an investigation of a chiropractic physician 29 is undertaken, the department shall promptly furnish to the 30 chiropractic physician or her or his attorney a copy of the 31 complaint or document that which resulted in the initiation of 41 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 the investigation. The chiropractic physician may submit a 2 written response to the information contained in such 3 complaint or document within 45 days after service to the 4 chiropractic physician of the complaint or document. The 5 chiropractic physician's written response shall be considered 6 by the appropriate disciplinary board probable cause panel. 7 Section 17. Subsection (4) of section 461.004, Florida 8 Statutes, is amended to read: 9 461.004 Board of Podiatric Medicine; membership; 10 appointment; terms.-- 11 (4) All provisions of chapter 455 relating to the 12 board shall apply. However, notwithstanding the requirement of 13 s. 455.225(4) that the board provide by rule for the 14 determination of probable cause by a panel composed of its 15 members or by the department, the board may provide by rule 16 that its probable cause panel may be composed of one current 17 member of the board and one past member of the board, as long 18 as the past member is a licensed podiatrist in good standing. 19 The past board member must be appointed to the panel by the 20 chair of the board with the approval of the secretary for a 21 maximum of 2 years. 22 Section 18. Paragraph (s) of subsection (1) and 23 subsections (2), (3), (4), and (6) of section 461.013, Florida 24 Statutes, are amended to read: 25 461.013 Grounds for disciplinary action; action by the 26 board; investigations by department.-- 27 (1) The following acts shall constitute grounds for 28 which the disciplinary actions specified in subsection (2) may 29 be taken: 30 (s) Gross or repeated malpractice or the failure to 31 practice podiatric medicine at a level of care, skill, and 42 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 treatment which is recognized by a reasonably prudent 2 podiatrist as being acceptable under similar conditions and 3 circumstances. The department board shall give great weight 4 to the standards for malpractice in s. 766.102 in interpreting 5 this section. As used in this paragraph, "repeated 6 malpractice" includes, but is not limited to, three or more 7 claims for medical malpractice within the previous 5-year 8 period resulting in indemnities being paid in excess of 9 $10,000 each to the claimant in a judgment or settlement and 10 which incidents involved negligent conduct by the podiatrists. 11 As used in this paragraph, "gross malpractice" or "the failure 12 to practice podiatry with the level of care, skill, and 13 treatment which is recognized by a reasonably prudent similar 14 podiatrist as being acceptable under similar conditions and 15 circumstances" shall not be construed so as to require more 16 than one instance, event, or act. 17 (2) When the department board finds any person guilty 18 on of any of the grounds set forth in subsection (1), it may 19 enter an order imposing one or more of the following 20 penalties: 21 (a) Refusal to certify to the department an 22 application for licensure. 23 (b) Revocation or suspension of a license. 24 (c) Restriction of practice. 25 (d) Imposition of an administrative fine not to exceed 26 $1,000 for each count or separate offense. 27 (e) Issuance of a reprimand. 28 (f) Placing the podiatrist on probation for a period 29 of time and subject to such conditions as the department board 30 may specify, including requiring the podiatrist to submit to 31 treatment, to attend continuing education courses, to submit 43 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 to reexamination, and to work under the supervision of another 2 podiatrist. 3 (3) The department shall not reinstate the license of 4 a podiatrist, or cause a license to be issued to a person whom 5 the board has deemed to be unqualified, until such time as the 6 department board is satisfied that she or he has complied with 7 all the terms and conditions set forth in the final order and 8 that such person is capable of safely engaging in the practice 9 of podiatric medicine. 10 (4) The department, with the advice of the appropriate 11 disciplinary board and board, shall by rule establish 12 guidelines for the disposition of disciplinary cases involving 13 specific types of violations. Such guidelines may include 14 minimum and maximum fines, periods of supervision or 15 probation, and or conditions of probation or reissuance of a 16 license. 17 (6) When an investigation of a podiatrist is 18 undertaken, the department shall promptly furnish to the 19 podiatrist or her or his attorney a copy of the complaint or 20 document that which resulted in the initiation of the 21 investigation. The podiatrist may submit a written response 22 to the information contained in such complaint or document 23 within 45 days after service to the podiatrist of the 24 complaint or document. The podiatrist's written response 25 shall be considered by the appropriate disciplinary board 26 probable cause panel. 27 Section 19. Subsections (2) and (3) of section 28 463.016, Florida Statutes, are amended to read: 29 463.016 Grounds for disciplinary action; action by the 30 board.-- 31 44 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (2) When the department board finds any person guilty 2 on of any of the grounds set forth in subsection (1), it may 3 enter an order imposing one or more of the following 4 penalties: 5 (a) Refusal to certify to the department an 6 application for licensure. 7 (b) Revocation or suspension of a license. 8 (c) Imposition of an administrative fine not to exceed 9 $5,000 for each count or separate offense. 10 (d) Issuance of a reprimand. 11 (e) Placement of the licensed practitioner on 12 probation for a period of time and subject to such conditions 13 as the department board may specify, including requiring the 14 licensed practitioner to submit to treatment, to attend 15 continuing education courses, or to work under the supervision 16 of another licensed practitioner. 17 (3) The department board shall not reinstate the 18 license of an optometrist a person, or cause a license to be 19 issued to a person whom it has deemed to be unqualified, until 20 such time as it is satisfied that she or he has complied with 21 all the terms and conditions set forth in the final order and 22 that such person is capable of safely engaging in the practice 23 of optometry. 24 Section 20. Subsections (2), (3), (4), and (5) of 25 section 464.018, Florida Statutes, are amended to read: 26 464.018 Disciplinary actions.-- 27 (2) When the department board finds any person guilty 28 on of any of the grounds set forth in subsection (1), it may 29 enter an order imposing one or more of the following 30 penalties: 31 45 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (a) Refusal to certify to the department an 2 application for licensure. 3 (b) Revocation or suspension of a license with 4 reinstatement subject to the provisions of subsection (3). 5 (c) Permanent revocation of a license. 6 (d) Restriction of practice. 7 (e) Imposition of an administrative fine not to exceed 8 $1,000 for each count or separate offense. 9 (f) Issuance of a reprimand. 10 (g) Placement of the nurse on probation for a period 11 of time and subject to such conditions as the department board 12 may specify, including requiring the nurse to submit to 13 treatment, to attend continuing education courses, to take an 14 examination, or to work under the supervision of another 15 nurse. 16 (3) The department board shall not reinstate the 17 license of a nurse, or cause a license to be issued to a 18 person whom it has deemed to be unqualified, until such time 19 as it is satisfied that such person has complied with all the 20 terms and conditions set forth in the final order and that 21 such person is capable of safely engaging in the practice of 22 nursing. 23 (4) The department board shall not reinstate the 24 license of a nurse who has been found guilty by the department 25 board on three separate occasions of violations of this 26 chapter relating to the use of drugs or narcotics, which 27 offenses involved the diversion of drugs or narcotics from 28 patients to personal use or sale. 29 (5) The department, with the advice of the appropriate 30 disciplinary board and board, shall by rule establish 31 guidelines for the disposition of disciplinary cases involving 46 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 specific types of violations. Such guidelines may include 2 minimum and maximum fines, periods of supervision or 3 probation, and or conditions of probation or reissuance of a 4 license. 5 Section 21. Subsections (2), (3), and (4) of section 6 465.016, Florida Statutes, are amended to read: 7 465.016 Disciplinary actions.-- 8 (2) When the department board finds any person guilty 9 on of any of the grounds set forth in subsection (1), it may 10 enter an order imposing one or more of the following 11 penalties: 12 (a) Refusal to certify to the department an 13 application for licensure. 14 (b) Revocation or suspension of a license. 15 (c) Imposition of an administrative fine not to exceed 16 $1,000 for each count or separate offense. 17 (d) Issuance of a reprimand. 18 (e) Placement of the pharmacist on probation for a 19 period of time and subject to such conditions as the 20 department board may specify, including, but not limited to, 21 requiring the pharmacist to submit to treatment, to attend 22 continuing education courses, to submit to reexamination, or 23 to work under the supervision of another pharmacist. 24 (3) The department board shall not reinstate the 25 license of a pharmacist, or cause a license to be issued to a 26 person whom it has deemed to be unqualified, until such time 27 as it is satisfied that she or he has complied with all the 28 terms and conditions set forth in the final order and that 29 such person is capable of safely engaging in the practice of 30 pharmacy. 31 47 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (4) The department, with the advice of the appropriate 2 disciplinary board and board, shall by rule establish 3 guidelines for the disposition of disciplinary cases involving 4 specific types of violations. Such guidelines may include 5 minimum and maximum fines, periods of supervision or 6 probation, and or conditions of probation or reissuance of a 7 license. 8 Section 22. Subsections (2), (4), and (7) of section 9 466.028, Florida Statutes, are amended to read: 10 466.028 Grounds for disciplinary action; action by the 11 board.-- 12 (2) When the department board finds any applicant or 13 licensee guilty on of any of the grounds set forth in 14 subsection (1), it may enter an order imposing one or more of 15 the following penalties: 16 (a) Denial of an application for licensure. 17 (b) Revocation or suspension of a license. 18 (c) Imposition of an administrative fine not to exceed 19 $3,000 for each count or separate offense. 20 (d) Issuance of a reprimand. 21 (e) Placement of the licensee on probation for a 22 period of time and subject to such conditions as the 23 department board may specify, including requiring the licensee 24 to attend continuing education courses or demonstrate 25 competency through a written or practical examination or to 26 work under the supervision of another licensee. 27 (f) Restricting the authorized scope of practice. 28 (4) The department shall reissue the license of a 29 disciplined licensee upon certification by the department 30 board that the disciplined licensee has complied with all of 31 the terms and conditions set forth in the final order. 48 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (7) Subject to the authority and conditions 2 established in s. 455.621 s. 455.225, the appropriate 3 disciplinary probable cause panel of the board may recommend 4 that the department seek a specified penalty in cases in which 5 probable cause has been found and the disciplinary board panel 6 has directed that an administrative complaint be filed. If the 7 department seeks a penalty other than that recommended by the 8 disciplinary board probable cause panel, the department shall 9 provide the disciplinary board with a written statement that 10 which sets forth the reasons therefor. Nothing in this 11 subsection shall preclude a disciplinary probable cause panel 12 of any other board under the jurisdiction of the department 13 from making similar recommendations as penalties. 14 Section 23. Subsections (2) and (3) of section 15 468.1295, Florida Statutes, are amended to read: 16 468.1295 Disciplinary proceedings.-- 17 (2) When the department board finds any person guilty 18 of any of the acts set forth in subsection (1), it may issue 19 an order imposing one or more of the following penalties: 20 (a) Refusal to certify, or to certify with 21 restrictions, an application for licensure. 22 (b) Suspension or permanent revocation of a license. 23 (c) Issuance of a reprimand. 24 (d) Restriction of the authorized scope of practice. 25 (e) Imposition of an administrative fine not to exceed 26 $1,000 for each count or separate offense. 27 (f) Placement of the licensee or certificateholder on 28 probation for a period of time and subject to such conditions 29 as the department board may specify. Those conditions may 30 include, but are not limited to, requiring the licensee or 31 certificateholder to undergo treatment, attend continuing 49 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 education courses, submit to be reexamined, work under the 2 supervision of another licensee, or satisfy any terms that 3 which are reasonably tailored to the violation found. 4 (g) Corrective action. 5 (3) The department shall reissue the license or 6 certificate that which has been suspended or revoked upon 7 certification by the department board that the licensee or 8 certificateholder has complied with all of the terms and 9 conditions set forth in the final order. 10 Section 24. Section 468.1685, Florida Statutes, is 11 amended to read: 12 468.1685 Powers and duties of board and 13 department.--It is the function and duty of the board, 14 together with the department, to: 15 (1) Make such rules not inconsistent with law as are 16 necessary to carry out the duties and authority conferred upon 17 the board by this part. 18 (2) Develop, impose, and enforce specific standards 19 within the scope of the general qualifications established by 20 this part which must be met by individuals in order to receive 21 licenses as nursing home administrators. These standards shall 22 be designed to ensure that nursing home administrators are 23 individuals of good character and otherwise suitable and, by 24 training or experience in the field of institutional 25 administration, qualified to serve as nursing home 26 administrators. 27 (3) Develop by appropriate techniques, including 28 examinations and investigations, a method for determining 29 whether an individual meets such standards. 30 (4) Issue licenses to qualified individuals meeting 31 the standards of the board and revoke or suspend licenses 50 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 previously issued by the board when the individual holding 2 such license is determined to have failed to conform 3 substantially to the requirements of such standards. 4 (5) Establish and carry out procedures, by rule, 5 designed to ensure that licensed nursing home administrators 6 will comply with standards adopted by the board. 7 (6) Receive, investigate, and take appropriate action 8 with respect to any charge or complaint filed with the 9 department to the effect that a licensed nursing home 10 administrator has failed to comply with the requirements or 11 standards adopted by the board. 12 (6)(7) Conduct a continuing study and investigation of 13 nursing homes and administrators of nursing homes in order to 14 improve the standards imposed for the licensing of such 15 administrators and the procedures and methods for enforcing 16 such standards with respect to administrators of nursing homes 17 who have been licensed as such. 18 (7)(8) Set up procedures by rule for advising and 19 acting together with the Department of Health and 20 Rehabilitative Services and other boards of other health 21 professions in matters affecting procedures and methods for 22 effectively enforcing the purpose of this part and the 23 administration of chapter 400. 24 Section 25. Subsections (2) and (3) of section 25 468.1755, Florida Statutes, are amended to read: 26 468.1755 Disciplinary proceedings.-- 27 (2) When the department board finds any nursing home 28 administrator guilty on of any of the grounds set forth in 29 subsection (1), it may enter an order imposing one or more of 30 the following penalties: 31 (a) Denial of an application for licensure. 51 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (b) Revocation or suspension of a license. 2 (c) Imposition of an administrative fine not to exceed 3 $1,000 for each count or separate offense. 4 (d) Issuance of a reprimand. 5 (e) Placement of the licensee on probation for a 6 period of time and subject to such conditions as the 7 department board may specify, including requiring the licensee 8 to attend continuing education courses or to work under the 9 supervision of another licensee. 10 (f) Restriction of the authorized scope of practice. 11 (3) The department shall reissue the license of a 12 disciplined licensee upon certification by the department 13 board that the disciplined licensee has complied with all of 14 the terms and conditions set forth in the final order. 15 Section 26. Section 468.217, Florida Statutes, is 16 amended to read: 17 468.217 Denial of or refusal to renew license; 18 suspension and revocation of license and other disciplinary 19 measures.-- 20 (1) The department board may deny or refuse to renew a 21 license, suspend or revoke a license, issue a reprimand, 22 impose a fine, or impose probationary conditions upon a 23 licensee, when the licensee or applicant for license has been 24 guilty of unprofessional conduct which has endangered, or is 25 likely to endanger, the health, welfare, or safety of the 26 public. Such unprofessional conduct includes: 27 (a) Attempting to obtain, obtaining, or renewing a 28 license to practice occupational therapy by bribery, by 29 fraudulent misrepresentation, or through an error of the 30 department or the board. 31 52 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (b) Having a license to practice occupational therapy 2 revoked, suspended, or otherwise acted against, including the 3 denial of licensure, by the licensing authority of another 4 state, territory, or country. 5 (c) Being convicted or found guilty, regardless of 6 adjudication, of a crime in any jurisdiction which directly 7 relates to the practice of occupational therapy or to the 8 ability to practice occupational therapy. A plea of nolo 9 contendere shall be considered a conviction for the purposes 10 of this part. 11 (d) False, deceptive, or misleading advertising. 12 (e) Advertising, practicing, or attempting to practice 13 under a name other than one's own name. 14 (f) Failing to report to the department any person who 15 the licensee knows is in violation of this part or of the 16 rules of the department or of the board. 17 (g) Aiding, assisting, procuring, or advising any 18 unlicensed person to practice occupational therapy contrary to 19 this part or to a rule of the department or the board. 20 (h) Failing to perform any statutory or legal 21 obligation placed upon a licensed occupational therapist or 22 occupational therapy assistant. 23 (i) Making or filing a report which the licensee knows 24 to be false, intentionally or negligently failing to file a 25 report or record required by state or federal law, willfully 26 impeding or obstructing such filing or inducing another person 27 to do so. Such reports or records include only those which 28 are signed in the capacity as a licensed occupational 29 therapist or occupational therapy assistant. 30 (j) Paying or receiving any commission, bonus, 31 kickback, or rebate to or from, or engaging in any split-fee 53 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 arrangement in any form whatsoever with, a physician, 2 organization, agency, or person, either directly or 3 indirectly, for patients referred to providers of health care 4 goods and services, including, but not limited to, hospitals, 5 nursing homes, clinical laboratories, ambulatory surgical 6 centers, or pharmacies. The provisions of this paragraph 7 shall not be construed to prevent an occupational therapist or 8 occupational therapy assistant from receiving a fee for 9 professional consultation services. 10 (k) Exercising influence within a patient-therapist 11 relationship for purposes of engaging a patient in sexual 12 activity. A patient is presumed to be incapable of giving 13 free, full, and informed consent to sexual activity with the 14 patient's occupational therapist or occupational therapy 15 assistant. 16 (l) Making deceptive, untrue, or fraudulent 17 representations in the practice of occupational therapy or 18 employing a trick or scheme in the practice of occupational 19 therapy if such scheme or trick fails to conform to the 20 generally prevailing standards of treatment in the 21 occupational therapy community. 22 (m) Soliciting patients, either personally or through 23 an agent, through the use of fraud, intimidation, undue 24 influence, or a form of overreaching or vexatious conduct. A 25 "solicitation" is any communication which directly or 26 implicitly requests an immediate oral response from the 27 recipient. 28 (n) Failing to keep written records justifying the 29 course of treatment of the patient, including, but not limited 30 to, patient histories, examination results, and test results. 31 54 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (o) Exercising influence on the patient or client in 2 such a manner as to exploit the patient or client for 3 financial gain of the licensee or of a third party which 4 includes, but is not limited to, the promoting or selling of 5 services, goods, appliances, or drugs. 6 (p) Performing professional services which have not 7 been duly authorized by the patient or client, or his or her 8 legal representative, except as provided in s. 768.13. 9 (q) Gross or repeated malpractice or the failure to 10 practice occupational therapy with that level of care, skill, 11 and treatment which is recognized by a reasonably prudent 12 similar occupational therapist or occupational therapy 13 assistant as being acceptable under similar conditions and 14 circumstances. 15 (r) Performing any procedure which, by the prevailing 16 standards of occupational therapy practice in the community, 17 would constitute experimentation on a human subject without 18 first obtaining full, informed, and written consent. 19 (s) Practicing or offering to practice beyond the 20 scope permitted by law or accepting and performing 21 professional responsibilities which the licensee knows or has 22 reason to know that he or she is not competent to perform. 23 (t) Being unable to practice occupational therapy with 24 reasonable skill and safety to patients by reason of illness 25 or use of alcohol, drugs, narcotics, chemicals, or any other 26 type of material or as a result of any mental or physical 27 condition. In enforcing this paragraph, the department shall 28 have, upon probable cause, authority to compel an occupational 29 therapist or occupational therapy assistant to submit to a 30 mental or physical examination by physicians designated by the 31 department. The failure of an occupational therapist or 55 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 occupational therapy assistant to submit to such examination 2 when so directed constitutes an admission of the allegations 3 against him or her, upon which a default and final order may 4 be entered without the taking of testimony or presentation of 5 evidence, unless the failure was due to circumstances beyond 6 his or her control. An occupational therapist or occupational 7 therapy assistant affected under this paragraph shall at 8 reasonable intervals be afforded an opportunity to demonstrate 9 that he or she can resume the competent practice of 10 occupational therapy with reasonable skill and safety to 11 patients. In any proceeding under this paragraph, neither the 12 record of proceedings nor the orders entered by the board 13 shall be used against an occupational therapist or 14 occupational therapy assistant in any other proceeding. 15 (u) Delegating professional responsibilities to a 16 person when the licensee who is delegating such 17 responsibilities knows or has reason to know that such person 18 is not qualified by training, experience, or licensure to 19 perform them. 20 (v) Violating any provision of this part, a rule of 21 the board or department, or a lawful order of the board or 22 department previously entered in a disciplinary hearing or 23 failing to comply with a lawfully issued subpoena of the 24 department. 25 (w) Conspiring with another licensee or with any other 26 person to commit an act, or committing an act, which would 27 tend to coerce, intimidate, or preclude another licensee from 28 lawfully advertising his or her services. 29 (2) The department board may not reinstate the license 30 of an occupational therapist or occupational therapy 31 assistant, or cause a license to be issued to a person whom it 56 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 has deemed to be unqualified, until such time as the 2 department board is satisfied that such person has complied 3 with all the terms and conditions set forth in the final order 4 and is capable of safely engaging in the practice of 5 occupational therapy. 6 Section 27. Subsections (2), (3), and (4) of section 7 468.365, Florida Statutes, are amended to read: 8 468.365 Disciplinary grounds and actions.-- 9 (2) If the department board finds any person guilty on 10 of any of the grounds set forth in subsection (1), it may 11 enter an order imposing one or more of the following 12 penalties: 13 (a) Denial of an application for licensure. 14 (b) Revocation or suspension of licensure. 15 (c) Imposition of an administrative fine not to exceed 16 $1,000 for each count or separate offense. 17 (d) Placement of the respiratory care practitioner or 18 respiratory therapist on probation for such period of time and 19 subject to such conditions as the department board may 20 specify, including, but not limited to, requiring the 21 respiratory care practitioner or respiratory therapist to 22 submit to treatment, to attend continuing education courses, 23 or to work under the supervision of another respiratory care 24 practitioner or respiratory therapist. 25 (e) Issuance of a reprimand. 26 (3) The department board shall not reinstate 27 licensure, or cause a license to be issued to a person it has 28 deemed unqualified, until such time as it is satisfied that 29 such person has complied with all the terms and conditions set 30 forth in the final order and that the respiratory care 31 57 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 practitioner or respiratory therapist is capable of safely 2 engaging in the delivery of respiratory care services. 3 (4) The department board may, by rule, establish 4 guidelines for the disposition of disciplinary cases involving 5 specific types of violations. Such guidelines may include 6 minimum and maximum fines, periods of supervision on 7 probation, and or conditions upon probation or reissuance of a 8 license. 9 Section 28. Subsections (2) and (3) of section 10 468.518, Florida Statutes, are amended to read: 11 468.518 Grounds for disciplinary action.-- 12 (2) When the Department of Health board finds any 13 licensee guilty on of any of the grounds set forth in 14 subsection (1), it may enter an order imposing one or more of 15 the following penalties: 16 (a) Denial of an application for licensure; 17 (b) Revocation or suspension of a license; 18 (c) Imposition of an administrative fine not to exceed 19 $1,000 for each violation; 20 (d) Issuance of a reprimand or letter of guidance; 21 (e) Placement of the licensee on probation for a 22 period of time and subject to such conditions as the 23 Department of Health board may specify, including requiring 24 the licensee to attend continuing education courses or to work 25 under the supervision of a licensed dietitian/nutritionist or 26 licensed nutrition counselor; or 27 (f) Restriction of the authorized scope of practice of 28 the licensee. 29 (3) The Department of Health agency shall reissue the 30 license of a disciplined dietitian/nutritionist or nutrition 31 counselor upon certification by the department board that the 58 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 disciplined dietitian/nutritionist or nutrition counselor has 2 complied with all of the terms and conditions set forth in the 3 final order. 4 Section 29. Subsection (2) of section 468.811, Florida 5 Statutes, is amended to read: 6 468.811 Disciplinary proceedings.-- 7 (2) The department board may enter an order imposing 8 one or more of the penalties in s. 455.627(2) s. 455.227(2) 9 against any person who violates any provision of subsection 10 (1). 11 Section 30. Subsections (2) and (3) of section 12 480.046, Florida Statutes, are amended to read: 13 480.046 Grounds for disciplinary action by the 14 board.-- 15 (2) When the department board finds any person guilty 16 on of any of the grounds set forth in subsection (1), it may 17 enter an order imposing one or more of the following 18 penalties: 19 (a) Refusal to license an applicant. 20 (b) Revocation or suspension of a license. 21 (c) Issuance of a reprimand or censure. 22 (d) Imposition of an administrative fine not to exceed 23 $1,000 for each count or separate offense. 24 (3) The department board shall have the power to 25 revoke or suspend the license of a massage establishment 26 licensed under this act, or to deny subsequent licensure of 27 such an establishment, in either of the following cases: 28 (a) Upon proof that a license has been obtained by 29 fraud or misrepresentation. 30 31 59 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (b) Upon proof that the holder of a license is guilty 2 of fraud or deceit or of gross negligence, incompetency, or 3 misconduct in the operation of the establishment so licensed. 4 Section 31. Subsections (2) and (3) of section 5 484.014, Florida Statutes, are amended to read: 6 484.014 Disciplinary actions.-- 7 (2) When the department board finds any person guilty 8 on of any of the grounds set forth in subsection (1), it may 9 enter an order imposing one or more of the following 10 penalties: 11 (a) Refusal to certify to the department an 12 application for licensure. 13 (b) Revocation or suspension of a license. 14 (c) Imposition of an administrative fine not to exceed 15 $1,000 for each count or separate offense. 16 (d) Issuance of a reprimand. 17 (e) Placement of the optician on probation for a 18 period of time and subject to such conditions as the 19 department board may specify, including requiring the optician 20 to submit to treatment or to work under the supervision of 21 another optician. 22 (3) The department board shall not reinstate the 23 license of an optician it has deemed unqualified until such 24 time as it is satisfied that the optician has complied with 25 all the terms and conditions set forth in the final order and 26 that such person is capable of safely engaging in the practice 27 of opticianry. 28 Section 32. Subsection (4) of section 484.042, Florida 29 Statutes, is amended to read: 30 484.042 Board of Hearing Aid Specialists; membership, 31 appointment, terms.-- 60 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (4) All provisions of chapter 455 relating to 2 activities of regulatory boards apply to the board. However, 3 notwithstanding the requirement of s. 455.225(4) that the 4 board provide by rule for the determination of probable cause 5 by a panel composed of its members or by the department, the 6 board may provide by rule that its probable cause panel may be 7 composed of one current member of the board and one past 8 member of the board, as long as the past member is a licensed 9 hearing aid specialist in good standing. The past board 10 member shall be appointed to the panel for a maximum of 2 11 years by the chair of the board with the approval of the 12 secretary. 13 Section 33. Subsections (2) and (3) of section 14 484.056, Florida Statutes, are amended to read: 15 484.056 Disciplinary proceedings.-- 16 (2)(a) Except as provided in paragraph (b), when the 17 department board finds any hearing aid specialist to be guilty 18 on of any of the grounds set forth in subsection (1), it may 19 enter an order imposing one or more of the following 20 penalties: 21 1. Denial of an application for licensure. 22 2. Revocation or suspension of a license. 23 3. Imposition of an administrative fine not to exceed 24 $1,000 for each count or separate offense. 25 4. Issuance of a reprimand. 26 5. Placing the hearing aid specialist on probation for 27 a period of time and subject to such conditions as the 28 department board may specify, including requiring the hearing 29 aid specialist to attend continuing education courses or to 30 work under the supervision of another hearing aid specialist. 31 6. Restricting the authorized scope of practice. 61 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (b) The department board shall revoke the license of 2 any hearing aid specialist found guilty of canvassing as 3 described in this section. 4 (3) The department shall reissue the license of a 5 hearing aid specialist who has been disciplined upon 6 certification by the department board that the hearing aid 7 specialist has complied with all of the terms and conditions 8 set forth in the final order. 9 Section 34. Paragraph (a) of subsection (1) and 10 subsections (2) and (3) of section 486.125, Florida Statutes, 11 are amended to read: 12 486.125 Refusal, revocation, or suspension of license; 13 administrative fines and other disciplinary measures.-- 14 (1) The following acts shall constitute grounds for 15 which the disciplinary actions specified in subsection (2) may 16 be taken: 17 (a) Being unable to practice physical therapy with 18 reasonable skill and safety to patients by reason of illness 19 or use of alcohol, drugs, narcotics, chemicals, or any other 20 type of material or as a result of any mental or physical 21 condition. 22 1. In enforcing this paragraph, upon a finding of the 23 secretary or the secretary's designee that probable cause 24 exists to believe that the licensee is unable to practice 25 physical therapy due to the reasons stated in this paragraph, 26 the department shall have the authority to compel a physical 27 therapist or physical therapist assistant to submit to a 28 mental or physical examination by a physician designated by 29 the department. If the licensee refuses to comply with such 30 order, the department's order directing such examination may 31 be enforced by filing a petition for enforcement in the 62 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 circuit court where the licensee resides or serves as a 2 physical therapy practitioner. The licensee against whom the 3 petition is filed shall not be named or identified by initials 4 in any public court records or documents, and the proceedings 5 shall be closed to the public. The department shall be 6 entitled to the summary procedure provided in s. 51.011. 7 2. A physical therapist or physical therapist 8 assistant whose license is suspended or revoked pursuant to 9 this subsection shall, at reasonable intervals, be given an 10 opportunity to demonstrate that she or he can resume the 11 competent practice of physical therapy with reasonable skill 12 and safety to patients. 13 3. Neither the record of proceeding nor the orders 14 entered by the department board in any proceeding under this 15 subsection may be used against a physical therapist or 16 physical therapist assistant in any other proceeding. 17 (2) When the department board finds any person guilty 18 on of any of the grounds set forth in subsection (1), it may 19 enter an order imposing one or more of the following 20 penalties: 21 (a) Refusal to certify to the department an 22 application for licensure. 23 (b) Revocation or suspension of a license. 24 (c) Restriction of practice. 25 (d) Imposition of an administrative fine not to exceed 26 $1,000 for each count or separate offense. 27 (e) Issuance of a reprimand. 28 (f) Placement of the physical therapist or physical 29 therapist assistant on probation for a period of time and 30 subject to such conditions as the department board may 31 specify, including, but not limited to, requiring the physical 63 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 therapist or physical therapist assistant to submit to 2 treatment, to attend continuing education courses, to submit 3 to reexamination, or to work under the supervision of another 4 physical therapist. 5 (g) Recovery of actual costs of investigation and 6 prosecution. 7 (3) The department board shall not reinstate the 8 license of a physical therapist or physical therapist 9 assistant or cause a license to be issued to a person whom it 10 has deemed to be unqualified until such time as it is 11 satisfied that she or he has complied with all the terms and 12 conditions set forth in the final order and that such person 13 is capable of safely engaging in the practice of physical 14 therapy. 15 Section 35. Subsection (1) of section 490.009, Florida 16 Statutes, is amended to read: 17 490.009 Discipline.-- 18 (1) When the department or, in the case of 19 psychologists, the board finds that an applicant, provisional 20 licensee, or licensee whom it regulates under this chapter has 21 committed any of the acts set forth in subsection (2), it may 22 issue an order imposing one or more of the following 23 penalties: 24 (a) Denial of an application for licensure, either 25 temporarily or permanently. 26 (b) Revocation of an application for licensure, either 27 temporarily or permanently. 28 (c) Suspension for a period of up to 5 years or 29 revocation of a license, after hearing. 30 (d) Immediate suspension of a license pursuant to s. 31 120.60(6). 64 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (e) Imposition of an administrative fine not to exceed 2 $5,000 for each count or separate offense. 3 (f) Issuance of a public reprimand. 4 (g) Placement of an applicant or licensee on probation 5 for a period of time and subject to conditions specified by 6 the department or, in the case of psychologists, by the board, 7 including, but not limited to, requiring the applicant or 8 licensee to submit to treatment, to attend continuing 9 education courses, to submit to reexamination, or to work 10 under the supervision of a designated licensee. 11 (h) Restriction of practice. 12 Section 36. Subsection (1) of section 491.009, Florida 13 Statutes, is amended to read: 14 491.009 Discipline.-- 15 (1) When the department or the board finds that an 16 applicant, licensee, provisional licensee, registered intern, 17 or certificateholder whom it regulates under this chapter has 18 committed any of the acts set forth in subsection (2), it may 19 issue an order imposing one or more of the following 20 penalties: 21 (a) Denial of an application for licensure, 22 registration, or certification, either temporarily or 23 permanently. 24 (b) Revocation of an application for licensure, 25 registration, or certification, either temporarily or 26 permanently. 27 (c) Suspension for a period of up to 5 years or 28 revocation of a license, registration, or certificate, after 29 hearing. 30 (d) Immediate suspension of a license, registration, 31 or certificate pursuant to s. 120.60(6). 65 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 (e) Imposition of an administrative fine not to exceed 2 $1,000 for each count or separate offense. 3 (f) Issuance of a public reprimand. 4 (g) Placement of an applicant, licensee, registered 5 intern, or certificateholder on probation for a period of time 6 and subject to such conditions as the department board may 7 specify, including, but not limited to, requiring the 8 applicant, licensee, registered intern, or certificateholder 9 to submit to treatment, to attend continuing education 10 courses, to submit to reexamination, or to work under the 11 supervision of a designated licensee or certificateholder. 12 (h) Restriction of practice. 13 Section 37. The Secretary of the Department of Health 14 must appoint a task force by July 1, 1999, to develop 15 procedures to ensure uniformity and accountability in the 16 implementation and enforcement of the disciplinary process 17 among health care professions. The task force shall include 18 representatives of each disciplinary board. The task force 19 must review the effectiveness of the disciplinary boards' 20 function in determining probable cause in disciplinary cases 21 involving health care professionals, the department's 22 implementation and compliance with disciplinary guidelines 23 applicable to each ground for disciplinary action which may be 24 imposed by the department, and the effectiveness of 25 alternatives to the regular disciplinary process. The task 26 force shall report its findings to the Secretary of the 27 Department of Health by July 1, 2000. 28 Section 38. Subsections (4) and (5) of section 29 458.307, Florida Statutes, are repealed. 30 Section 39. This act shall take effect January 15, 31 1999. 66 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 256 317-375A-98 1 ***************************************** 2 SENATE SUMMARY 3 Creates boards within the Department of Health to serve as probable cause panels for the discipline of health 4 care professionals. Provides for board member qualifications, terms, training, and duties. Provides 5 that chapter 455, F.S., applies to such boards. Revises provisions relating to the discipline of health care 6 professionals. Revises existing provisions relating to the discipline of specific health care professionals to 7 conform to such changes. Provides for the creation of a task force to develop procedures to ensure uniformity and 8 accountability in the disciplinary process among the professions regulated by the Department of Health. (See 9 bill for details.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 67