House Bill 1625e2
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HB 1625, Second Engrossed
1 A bill to be entitled
2 An act relating to health care; providing an
3 appropriation for continued review of clinical
4 laboratory services for kidney dialysis
5 patients and requiring a report thereon;
6 creating the Florida Commission on Excellence
7 in Health Care; providing legislative findings
8 and intent; providing definitions; providing
9 duties and responsibilities; providing for
10 membership, organization, meetings, procedures,
11 and staff; providing for reimbursement of
12 travel and related expenses of certain members;
13 providing certain evidentiary prohibitions;
14 requiring a report to the Governor, the
15 President of the Senate, and the Speaker of the
16 House of Representatives; providing for
17 termination of the commission; providing
18 appropriations; amending s. 455.564, F.S.;
19 revising general licensing provisions for
20 professions under the jurisdiction of the
21 Department of Health; providing for processing
22 of applications from foreign or nonresident
23 applicants not yet having a social security
24 number; providing for temporary licensure of
25 such applicants; revising provisions relating
26 to ongoing criminal investigations or
27 prosecutions; requiring proof of restoration of
28 civil rights under certain circumstances;
29 authorizing requirement for personal appearance
30 prior to grant or denial of a license;
31 providing for tolling of application decision
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HB 1625, Second Engrossed
1 deadlines under certain circumstances; amending
2 s. 455.565, F.S.; eliminating duplicative
3 submission of fingerprints and other
4 information required for criminal history
5 checks; providing for certain access to
6 criminal history information through the
7 department's health care practitioner
8 credentialing system; amending s. 455.5651,
9 F.S.; authorizing the department to publish
10 certain information in practitioner profiles;
11 amending s. 455.5653, F.S.; deleting obsolete
12 language relating to scheduling and development
13 of practitioner profiles for additional health
14 care practitioners; providing the department
15 access to information on health care
16 practitioners maintained by the Agency for
17 Health Care Administration for corroboration
18 purposes; amending s. 455.5654, F.S.; providing
19 for adoption by rule of a form for submission
20 of profiling information; amending s. 455.567,
21 F.S.; expanding the prohibition against sexual
22 misconduct to cover violations against
23 guardians and representatives of patients or
24 clients; providing penalties; amending s.
25 455.624, F.S.; revising and providing grounds
26 for disciplinary action relating to having a
27 license to practice a regulated health care
28 profession acted against, sexual misconduct,
29 inability to practice properly due to alcohol
30 or substance abuse or a mental or physical
31 condition, and testing positive for a drug
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HB 1625, Second Engrossed
1 without a lawful prescription therefor;
2 providing for restriction of license as a
3 disciplinary action; providing for issuance of
4 a citation and assessment of a fine for certain
5 first-time violations; reenacting ss. 455.577,
6 455.631, 455.651(2), 455.712(1), 458.347(7)(g),
7 459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)
8 and (2), 468.811, and 484.056(1)(a), F.S.,
9 relating to theft or reproduction of an
10 examination, giving false information,
11 disclosure of confidential information,
12 business establishments providing regulated
13 services without an active status license, and
14 practice violations by physician assistants,
15 nursing home administrators, athletic trainers,
16 orthotists, prosthetists, pedorthists, and
17 hearing aid specialists, to incorporate the
18 amendment to s. 455.624, F.S., in references
19 thereto; repealing s. 455.704, F.S., relating
20 to the Impaired Practitioners Committee;
21 amending s. 455.707, F.S., relating to impaired
22 practitioners, to conform; clarifying
23 provisions relating to complaints against
24 impaired practitioners; amending s. 310.102,
25 F.S.; revising and removing references, to
26 conform; amending s. 455.711, F.S.; revising
27 provisions relating to active and inactive
28 status licensure; eliminating reference to
29 delinquency as a licensure status; providing
30 rulemaking authority; amending ss. 455.587 and
31 455.714, F.S.; revising references, to conform;
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HB 1625, Second Engrossed
1 creating s. 455.719, F.S.; providing that the
2 appropriate medical regulatory board, or the
3 department when there is no board, has
4 exclusive authority to grant exemptions from
5 disqualification from employment or contracting
6 with respect to persons under the licensing
7 jurisdiction of that board or the department,
8 as applicable; amending s. 455.637, F.S.;
9 revising provisions relating to sanctions
10 against the unlicensed practice of a health
11 care profession; providing legislative intent;
12 revising and expanding provisions relating to
13 civil and administrative remedies; providing
14 criminal penalties; incorporating and modifying
15 the substance of current provisions that impose
16 a fee to combat unlicensed activity and provide
17 for disposition of the proceeds thereof;
18 providing statutory construction relating to
19 dietary supplements; creating s. 458.3135,
20 F.S.; providing for temporary certification for
21 visiting physicians to practice in approved
22 cancer centers; providing certification
23 requirements; providing fees; providing for
24 approval of cancer centers and annual review of
25 such approval; providing practice limitations
26 and conditions; limiting the number of
27 certificates that may be issued; providing
28 rulemaking authority; amending s. 458.3145,
29 F.S.; adding medical schools to list of
30 programs at which medical faculty
31 certificateholders may practice; amending s.
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HB 1625, Second Engrossed
1 458.315, F.S.; waiving application and
2 licensure fees for physicians obtaining a
3 temporary certificate to practice in areas of
4 critical need when such practice is limited to
5 volunteer, uncompensated care for low-income
6 persons; amending ss. 458.345 and 459.021,
7 F.S.; providing for registration of persons
8 desiring to practice as a resident physician,
9 assistant resident physician, house physician,
10 intern, or fellow in fellowship training in a
11 statutory teaching hospital; providing
12 requirements; providing fees; providing
13 penalties; providing rulemaking authority;
14 amending s. 458.348, F.S.; requiring protocols
15 to contain specified requirements; amending s.
16 458.347, F.S.; providing authority to the
17 Council on Physician Assistants to refuse to
18 certify an applicant for licensure or place
19 restrictions or conditions on license; amending
20 s. 459.022, F.S.; providing authority to the
21 Council on Physician Assistants to refuse to
22 certify an applicant for licensure or place
23 restrictions or conditions on license;
24 providing applicability; repealing s. 455.641,
25 F.S., relating to unlicensed activity fees, to
26 conform; reenacting ss. 455.574(1)(d),
27 468.1295(1), 484.014(1), and 484.056(1), F.S.,
28 relating to violation of security provisions
29 for examinations and violations involving
30 speech-language pathology, audiology,
31 opticianry, and the dispensing of hearing aids,
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HB 1625, Second Engrossed
1 to incorporate the amendment to s. 455.637,
2 F.S., in references thereto; amending s.
3 921.0022, F.S.; modifying the criminal offense
4 severity ranking chart to add or increase the
5 level of various offenses relating to the
6 practice of a health care profession, the
7 practice of medicine, osteopathic medicine,
8 chiropractic medicine, podiatric medicine,
9 naturopathy, optometry, nursing, pharmacy,
10 dentistry, dental hygiene, midwifery,
11 respiratory therapy, and medical physics,
12 practicing as clinical laboratory personnel,
13 and the dispensing of hearing aids; reading ss.
14 458.327, 459.013, 460.411, 461.012, 462.17,
15 463.015, 464.016, 465.015, 466.026, 467.201,
16 468.366, 483.828, 483.901, 484.053, F.S.;
17 providing penalties; amending s. 457.102, F.S.;
18 revising the definition of "acupuncture";
19 amending s. 457.105, F.S.; revising licensure
20 qualifications to practice acupuncture;
21 amending s. 457.107, F.S.; modifying the fee
22 for renewal of a license to practice
23 acupuncture; amending s. 483.824, F.S.;
24 revising qualifications of clinical laboratory
25 directors; amending s. 641.51, F.S.; providing
26 for referral to ophthalmologist under certain
27 circumstances; designating Florida Alzheimer's
28 Disease Day; amending s. 766.106, F.S.;
29 providing that following the initiation of a
30 suit alleging medical malpractice the claimant
31 must provide notice to the Department of Health
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HB 1625, Second Engrossed
1 along with a copy of the service of process;
2 amending s. 641.51, F.S., relating to quality
3 assurance program requirements for certain
4 managed care organizations; allowing the
5 rendering of adverse determinations by
6 physicians licensed in Florida or states with
7 similar requirements; requiring the submission
8 of facts and documentation pertaining to
9 rendered adverse determinations; providing
10 timeframe for organizations to submit facts and
11 documentation to providers and subscribers in
12 writing; requiring an authorized representative
13 to sign the notification; providing an
14 effective date.
15
16 WHEREAS, the protection of Florida residents and
17 visitors from death or serious bodily injury that may be
18 caused by unlicensed health care practitioners is a state
19 priority, and
20 WHEREAS, the existing criminal prohibitions have not
21 been vigorously enforced in the past, and
22 WHEREAS, the existing penalties are not severe enough
23 to deter the unlicensed practice of the health care
24 professions, and
25 WHEREAS, persons convicted of practicing without a
26 license should be imprisoned so they cannot continue to hurt
27 Floridians, and
28 WHEREAS, persons convicted of practicing without a
29 license who are not citizens of this country should be
30 deported following incarceration to guarantee that they cannot
31 continue to endanger Floridians, NOW, THEREFORE,
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HB 1625, Second Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Pursuant to section 187 of chapter 99-397,
4 Laws of Florida, the Agency for Health Care Administration was
5 directed to conduct a detailed study and analysis of clinical
6 laboratory services for kidney dialysis patients in the State
7 of Florida and to report back to the Legislature no later than
8 February 1, 2000. The agency reported that additional time and
9 investigative resources were necessary to adequately respond
10 to the legislative directives. Therefore, the sum of $230,000
11 from the Agency for Health Care Administration Tobacco
12 Settlement Trust Fund is appropriated to the Agency for Health
13 Care Administration to contract with the University of South
14 Florida to conduct a review of laboratory test utilization,
15 any self-referral to clinical laboratories, financial
16 arrangements among kidney dialysis centers, their medical
17 directors, referring physicians, and any business
18 relationships and affiliations with clinical laboratories, and
19 the quality and effectiveness of kidney dialysis treatment in
20 this state. A report on the findings from such review shall be
21 presented to the President of the Senate, the Speaker of the
22 House of Representatives, and the chairs of the appropriate
23 substantive committees of the Legislature no later than
24 February 1, 2001.
25 Section 2. Florida Commission on Excellence in Health
26 Care.--
27 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
28 finds that the health care delivery industry is one of the
29 largest and most complex industries in Florida. The
30 Legislature finds that the current system of regulating health
31 care practitioners and health care providers is one of blame
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HB 1625, Second Engrossed
1 and punishment and does not encourage voluntary admission of
2 errors and immediate corrective action on a large scale. The
3 Legislature finds that previous attempts to identify and
4 address areas which impact the quality of care provided by the
5 health care industry have suffered from a lack of coordination
6 among the industry's stakeholders and regulators. The
7 Legislature finds that additional focus on strengthening
8 health care delivery systems by eliminating avoidable mistakes
9 in the diagnosis and treatment of Floridians holds tremendous
10 promise to increase the quality of health care services
11 available to Floridians, thereby reducing the costs associated
12 with medical mistakes and malpractice and in turn increasing
13 access to health care in the state. To achieve this enhanced
14 focus, it is the intent of the Legislature to create the
15 Florida Commission on Excellence in Health Care to facilitate
16 the development of a comprehensive statewide strategy for
17 improving health care delivery systems through meaningful
18 reporting standards, data collection and review, and quality
19 measurement.
20 (2) DEFINITIONS.--As used in this act, the term:
21 (a) "Agency" means the Agency for Health Care
22 Administration.
23 (b) "Commission" means the Florida Commission on
24 Excellence in Health Care.
25 (c) "Department" means the Department of Health.
26 (d) "Error," with respect to health care, means an
27 unintended act, by omission or commission.
28 (e) "Health care practitioner" means any person
29 licensed under chapter 457; chapter 458; chapter 459; chapter
30 460; chapter 461; chapter 462; chapter 463; chapter 464;
31 chapter 465; chapter 466; chapter 467; part I, part II, part
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HB 1625, Second Engrossed
1 III, part V, part X, part XIII, or part XIV of chapter 468;
2 chapter 478; chapter 480; part III or part IV of chapter 483;
3 chapter 484; chapter 486; chapter 490; or chapter 491, Florida
4 Statutes.
5 (f) "Health care provider" means any health care
6 facility or other health care organization licensed or
7 certified to provide approved medical and allied health
8 services in this state.
9 (3) COMMISSION; DUTIES AND RESPONSIBILITIES.--There is
10 hereby created the Florida Commission on Excellence in Health
11 Care. The commission shall:
12 (a) Identify existing data sources that evaluate
13 quality of care in Florida and collect, analyze, and evaluate
14 this data.
15 (b) Establish guidelines for data sharing and
16 coordination.
17 (c) Identify core sets of quality measures for
18 standardized reporting by appropriate components of the health
19 care continuum.
20 (d) Recommend a framework for quality measurement and
21 outcome reporting.
22 (e) Develop quality measures that enhance and improve
23 the ability to evaluate and improve care.
24 (f) Make recommendations regarding research and
25 development needed to advance quality measurement and
26 reporting.
27 (g) Evaluate regulatory issues relating to the
28 pharmacy profession and recommend changes necessary to
29 optimize patient safety.
30 (h) Facilitate open discussion of a process to ensure
31 that comparative information on health care quality is valid,
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HB 1625, Second Engrossed
1 reliable, comprehensive, understandable, and widely available
2 in the public domain.
3 (i) Sponsor public hearings to share information and
4 expertise, identify "best practices," and recommend methods to
5 promote their acceptance.
6 (j) Evaluate current regulatory programs to determine
7 what changes, if any, need to be made to facilitate patient
8 safety.
9 (k) Review public and private health care purchasing
10 systems to determine if there are sufficient mandates and
11 incentives to facilitate continuous improvement in patient
12 safety.
13 (l) Analyze how effective existing regulatory systems
14 are in ensuring continuous competence and knowledge of
15 effective safety practices.
16 (m) Develop a framework for organizations that
17 license, accredit, or credential health care practitioners and
18 health care providers to more quickly and effectively identify
19 unsafe providers and practitioners and to take action
20 necessary to remove the unsafe provider or practitioner from
21 practice or operation until such time as the practitioner or
22 provider has proven safe to practice or operate.
23 (n) Recommend procedures for development of a
24 curriculum on patient safety and methods of incorporating such
25 curriculum into training, licensure, and certification
26 requirements.
27 (o) Develop a framework for regulatory bodies to
28 disseminate information on patient safety to health care
29 practitioners, health care providers, and consumers through
30 conferences, journal articles and editorials, newsletters,
31 publications, and Internet websites.
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HB 1625, Second Engrossed
1 (p) Recommend procedures to incorporate recognized
2 patient safety considerations into practice guidelines and
3 into standards related to the introduction and diffusion of
4 new technologies, therapies, and drugs.
5 (q) Recommend a framework for development of
6 community-based collaborative initiatives for error reporting
7 and analysis and implementation of patient safety
8 improvements.
9 (r) Evaluate the role of advertising in promoting or
10 adversely affecting patient safety.
11 (s) Evaluate and make recommendations regarding the
12 need for licensure of additional persons who participate in
13 the delivery of health care to Floridians, including, but not
14 limited to, surgical technologists and pharmacy technicians.
15 (t) Evaluate the benefits and problems of the current
16 disciplinary systems and make recommendations regarding
17 alternatives and improvements.
18 (4) MEMBERSHIP, ORGANIZATION, MEETINGS, PROCEDURES,
19 STAFF.--
20 (a) The commission shall consist of:
21 1. The Secretary of Health and the Executive Director
22 of the Agency for Health Care Administration.
23 2. One representative each from the following agencies
24 or organizations: the Board of Medicine, the Board of
25 Osteopathic Medicine, the Board of Pharmacy, the Board of
26 Nursing, the Board of Dentistry, the Florida Dental
27 Association, the Florida Medical Association, the Florida
28 Osteopathic Medical Association, the Florida Academy of
29 Physician Assistants, the Florida Chiropractic Society, the
30 Florida Chiropractic Association, the Florida Podiatric
31 Medical Association, the Florida Society of Ambulatory
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HB 1625, Second Engrossed
1 Surgical Centers, the Florida Statutory Teaching Hospital
2 Council, Inc., the Florida Statutory Rural Hospital Council,
3 the Florida Nurses Association, the Florida Organization of
4 Nursing Executives, the Florida Pharmacy Association, the
5 Florida Society of Health System Pharmacists, Inc., the
6 Florida Retail Federation, the Florida Hospital Association,
7 the Association of Community Hospitals and Health Systems of
8 Florida, Inc., the Florida League of Health Care Systems, the
9 Florida Health Care Risk Management Advisory Council, the
10 Florida Health Care Association, and the Florida Association
11 of Homes for the Aging;
12 3. One licensed clinical laboratory director,
13 appointed by the Secretary of Health;
14 4. Two health lawyers, appointed by the Secretary of
15 Health, one of whom shall be a member of The Florida Bar
16 Health Law Section who defends physicians and one of whom
17 shall be a member of the Florida Academy of Trial Lawyers;
18 5. One representative of the medical malpractice
19 professional liability insurance industry, appointed by the
20 Secretary of Health;
21 6. One representative of a Florida medical school
22 appointed by the Secretary of Health;
23 7. Two representatives of the health insurance
24 industry, appointed by the Executive Director of the Agency
25 for Health Care Administration, one of whom shall represent
26 indemnity plans and one of whom shall represent managed care;
27 8. Four consumer advocates, consisting of one from the
28 Association for Responsible Medicine, one appointed by the
29 Governor, one appointed by the President of the Senate, and
30 one appointed by the Speaker of the House of Representatives;
31 and
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HB 1625, Second Engrossed
1 9. Two legislators, one appointed by the President of
2 the Senate and one appointed by the Speaker of the House of
3 Representatives.
4
5 Commission membership shall reflect the geographic and
6 demographic diversity of the state.
7 (b) The Secretary of Health and the Executive Director
8 of the Agency for Health Care Administration shall jointly
9 chair the commission. Subcommittees shall be formed by the
10 joint chairs, as needed, to make recommendations to the full
11 commission on the subjects assigned. However, all votes on
12 work products of the commission shall be at the full
13 commission level, and all recommendations to the Governor, the
14 President of the Senate, and the Speaker of the House of
15 Representatives must pass by a two-thirds vote of the full
16 commission. Sponsoring agencies and organizations may
17 designate an alternative member who may attend and vote on
18 behalf of the sponsoring agency or organization in the event
19 the appointed member is unable to attend a meeting of the
20 commission or any subcommittee. The commission shall be
21 staffed by employees of the Department of Health and the
22 Agency for Health Care Administration. Sponsoring agencies or
23 organizations must fund the travel and related expenses of
24 their appointed members on the commission. Travel and related
25 expenses for the consumer members of the commission shall be
26 reimbursed by the state pursuant to s. 112.061, Florida
27 Statutes. The commission shall hold its first meeting no later
28 than July 15, 2000.
29 (5) EVIDENTIARY PROHIBITIONS.--
30 (a) The findings, recommendations, evaluations,
31 opinions, investigations, proceedings, records, reports,
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HB 1625, Second Engrossed
1 minutes, testimony, correspondence, work product, and actions
2 of the commission shall be available to the public, but may
3 not be introduced into evidence at any civil, criminal,
4 special, or administrative proceeding against a health care
5 practitioner or health care provider arising out of the
6 matters which are the subject of the findings of the
7 commission. Moreover, no member of the commission shall be
8 examined in any civil, criminal, special, or administrative
9 proceeding against a health care practitioner or health care
10 provider as to any evidence or other matters produced or
11 presented during the proceedings of this commission or as to
12 any findings, recommendations, evaluations, opinions,
13 investigations, proceedings, records, reports, minutes,
14 testimony, correspondence, work product, or other actions of
15 the commission or any members thereof. However, nothing in
16 this section shall be construed to mean that information,
17 documents, or records otherwise available and obtained from
18 original sources are immune from discovery or use in any
19 civil, criminal, special, or administrative proceeding merely
20 because they were presented during proceedings of the
21 commission. Nor shall any person who testifies before the
22 commission or who is a member of the commission be prevented
23 from testifying as to matters within his or her knowledge in a
24 subsequent civil, criminal, special, or administrative
25 proceeding merely because such person testified in front of
26 the commission.
27 (b) The findings, recommendations, evaluations,
28 opinions, investigations, proceedings, records, reports,
29 minutes, testimony, correspondence, work product, and actions
30 of the commission shall be used as a guide and resource and
31 shall not be construed as establishing or advocating the
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HB 1625, Second Engrossed
1 standard of care for health care practitioners or health care
2 providers unless subsequently enacted into law or adopted in
3 rule. Nor shall any findings, recommendations, evaluations,
4 opinions, investigations, proceedings, records, reports,
5 minutes, testimony, correspondence, work product, or actions
6 of the commission be admissible as evidence in any way,
7 directly or indirectly, by introduction of documents or as a
8 basis of an expert opinion as to the standard of care
9 applicable to health care practitioners or health care
10 providers in any civil, criminal, special, or administrative
11 proceeding unless subsequently enacted into law or adopted in
12 rule.
13 (c) No person who testifies before the commission or
14 who is a member of the commission may specifically identify
15 any patient, health care practitioner, or health care provider
16 by name. Moreover, the findings, recommendations, evaluations,
17 opinions, investigations, proceedings, records, reports,
18 minutes, testimony, correspondence, work product, and actions
19 of the commission may not specifically identify any patient,
20 health care practitioner, or health care provider by name.
21 (6) REPORT; TERMINATION.--The commission shall provide
22 a report of its findings and recommendations to the Governor,
23 the President of the Senate, and the Speaker of the House of
24 Representatives no later than February 1, 2001. After
25 submission of the report, the commission shall continue to
26 exist for the purpose of assisting the Department of Health,
27 the Agency for Health Care Administration, and the regulatory
28 boards in their drafting of proposed legislation and rules to
29 implement its recommendations and for the purpose of providing
30 information to the health care industry on its
31
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HB 1625, Second Engrossed
1 recommendations. The commission shall be terminated June 1,
2 2001.
3 Section 3. The sum of $91,000 in nonrecurring general
4 revenue is hereby appropriated from the General Revenue Fund
5 to the Department of Health to cover costs of the Florida
6 Commission on Excellence in Health Care relating to the travel
7 and related expenses of staff, consumer members, and members
8 appointed by the department or agency; the hiring of
9 consultants, if necessary; and the reproduction and
10 dissemination of documents; however, no portion of this
11 appropriation shall be effective that duplicates a similar
12 appropriation for the same purpose contained in other
13 legislation from the 2000 legislative session that becomes
14 law.
15 Section 4. The sum of $200,000 is appropriated from
16 the Insurance Commissioner's Regulatory Trust Fund to the
17 Office of Legislative Services for the purpose of implementing
18 the legislative intent expressed in s. 624.215(1), Florida
19 Statutes, for a systematic review of current mandated health
20 coverages. The review must be conducted by certified actuaries
21 and other appropriate professionals and shall consist of an
22 assessment of the impact, including, but not limited to, the
23 costs and benefits, of current mandated health coverages using
24 the guidelines provided in s. 624.215(2), Florida Statutes.
25 This assessment shall establish the aggregate cost of mandated
26 health coverages.
27 Section 5. Subsections (1) and (3) of section 455.564,
28 Florida Statutes, are amended to read:
29 455.564 Department; general licensing provisions.--
30 (1)(a) Any person desiring to be licensed in a
31 profession within the jurisdiction of the department shall
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HB 1625, Second Engrossed
1 apply to the department in writing to take the licensure
2 examination. The application shall be made on a form prepared
3 and furnished by the department. The application form must be
4 available on the World Wide Web and the department may accept
5 electronically submitted applications beginning July 1, 2001.
6 The application and shall require the social security number
7 of the applicant, except as provided in paragraph (b). The
8 form shall be supplemented as needed to reflect any material
9 change in any circumstance or condition stated in the
10 application which takes place between the initial filing of
11 the application and the final grant or denial of the license
12 and which might affect the decision of the department. If an
13 application is submitted electronically, the department may
14 require supplemental materials, including an original
15 signature of the applicant and verification of credentials, to
16 be submitted in a non-electronic format. An incomplete
17 application shall expire 1 year after initial filing. In order
18 to further the economic development goals of the state, and
19 notwithstanding any law to the contrary, the department may
20 enter into an agreement with the county tax collector for the
21 purpose of appointing the county tax collector as the
22 department's agent to accept applications for licenses and
23 applications for renewals of licenses. The agreement must
24 specify the time within which the tax collector must forward
25 any applications and accompanying application fees to the
26 department.
27 (b) If an applicant has not been issued a social
28 security number by the Federal Government at the time of
29 application because the applicant is not a citizen or resident
30 of this country, the department may process the application
31 using a unique personal identification number. If such an
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HB 1625, Second Engrossed
1 applicant is otherwise eligible for licensure, the board, or
2 the department when there is no board, may issue a temporary
3 license to the applicant, which shall expire 30 days after
4 issuance unless a social security number is obtained and
5 submitted in writing to the department. Upon receipt of the
6 applicant's social security number, the department shall issue
7 a new license, which shall expire at the end of the current
8 biennium.
9 (3)(a) The board, or the department when there is no
10 board, may refuse to issue an initial license to any applicant
11 who is under investigation or prosecution in any jurisdiction
12 for an action that would constitute a violation of this part
13 or the professional practice acts administered by the
14 department and the boards, until such time as the
15 investigation or prosecution is complete, and the time period
16 in which the licensure application must be granted or denied
17 shall be tolled until 15 days after the receipt of the final
18 results of the investigation or prosecution.
19 (b) If an applicant has been convicted of a felony
20 related to the practice or ability to practice any health care
21 profession, the board, or the department when there is no
22 board, may require the applicant to prove that his or her
23 civil rights have been restored.
24 (c) In considering applications for licensure, the
25 board, or the department when there is no board, may require a
26 personal appearance of the applicant. If the applicant is
27 required to appear, the time period in which a licensure
28 application must be granted or denied shall be tolled until
29 such time as the applicant appears. However, if the applicant
30 fails to appear before the board at either of the next two
31 regularly scheduled board meetings, or fails to appear before
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HB 1625, Second Engrossed
1 the department within 30 days if there is no board, the
2 application for licensure shall be denied.
3 Section 6. Paragraph (d) is added to subsection (4) of
4 section 455.565, Florida Statutes, to read:
5 455.565 Designated health care professionals;
6 information required for licensure.--
7 (4)
8 (d) Any applicant for initial licensure or renewal of
9 licensure as a health care practitioner who submits to the
10 Department of Health a set of fingerprints or information
11 required for the criminal history check required under this
12 section shall not be required to provide a subsequent set of
13 fingerprints or other duplicate information required for a
14 criminal history check to the Agency for Health Care
15 Administration, the Department of Juvenile Justice, or the
16 Department of Children and Family Services for employment or
17 licensure with such agency or department if the applicant has
18 undergone a criminal history check as a condition of initial
19 licensure or licensure renewal as a health care practitioner
20 with the Department of Health or any of its regulatory boards,
21 notwithstanding any other provision of law to the contrary. In
22 lieu of such duplicate submission, the Agency for Health Care
23 Administration, the Department of Juvenile Justice, and the
24 Department of Children and Family Services shall obtain
25 criminal history information for employment or licensure of
26 health care practitioners by such agency and departments from
27 the Department of Health's health care practitioner
28 credentialing system.
29 Section 7. Section 455.5651, Florida Statutes, is
30 amended to read:
31 455.5651 Practitioner profile; creation.--
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HB 1625, Second Engrossed
1 (1) Beginning July 1, 1999, the Department of Health
2 shall compile the information submitted pursuant to s. 455.565
3 into a practitioner profile of the applicant submitting the
4 information, except that the Department of Health may develop
5 a format to compile uniformly any information submitted under
6 s. 455.565(4)(b).
7 (2) On the profile published required under subsection
8 (1), the department shall indicate if the information provided
9 under s. 455.565(1)(a)7. is not corroborated by a criminal
10 history check conducted according to this subsection. If the
11 information provided under s. 455.565(1)(a)7. is corroborated
12 by the criminal history check, the fact that the criminal
13 history check was performed need not be indicated on the
14 profile. The department, or the board having regulatory
15 authority over the practitioner acting on behalf of the
16 department, shall investigate any information received by the
17 department or the board when it has reasonable grounds to
18 believe that the practitioner has violated any law that
19 relates to the practitioner's practice.
20 (3) The Department of Health may include in each
21 practitioner's practitioner profile that criminal information
22 that directly relates to the practitioner's ability to
23 competently practice his or her profession. The department
24 must include in each practitioner's practitioner profile the
25 following statement: "The criminal history information, if
26 any exists, may be incomplete; federal criminal history
27 information is not available to the public."
28 (4) The Department of Health shall include, with
29 respect to a practitioner licensed under chapter 458 or
30 chapter 459, a statement of how the practitioner has elected
31 to comply with the financial responsibility requirements of s.
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HB 1625, Second Engrossed
1 458.320 or s. 459.0085. The department shall include, with
2 respect to practitioners subject to s. 455.694, a statement of
3 how the practitioner has elected to comply with the financial
4 responsibility requirements of that section. The department
5 shall include, with respect to practitioners licensed under
6 chapter 458, chapter 459, or chapter 461, information relating
7 to liability actions which has been reported under s. 455.697
8 or s. 627.912 within the previous 10 years for any paid claim
9 that exceeds $5,000. Such claims information shall be reported
10 in the context of comparing an individual practitioner's
11 claims to the experience of other practitioners physicians
12 within the same specialty, or profession if the practitioner
13 is not a specialist, to the extent such information is
14 available to the Department of Health. If information relating
15 to a liability action is included in a practitioner's
16 practitioner profile, the profile must also include the
17 following statement: "Settlement of a claim may occur for a
18 variety of reasons that do not necessarily reflect negatively
19 on the professional competence or conduct of the practitioner
20 physician. A payment in settlement of a medical malpractice
21 action or claim should not be construed as creating a
22 presumption that medical malpractice has occurred."
23 (5) The Department of Health may not include
24 disciplinary action taken by a licensed hospital or an
25 ambulatory surgical center in the practitioner profile.
26 (6) The Department of Health may include in the
27 practitioner's practitioner profile any other information that
28 is a public record of any governmental entity and that relates
29 to a practitioner's ability to competently practice his or her
30 profession. However, the department must consult with the
31
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HB 1625, Second Engrossed
1 board having regulatory authority over the practitioner before
2 such information is included in his or her profile.
3 (7) Upon the completion of a practitioner profile
4 under this section, the Department of Health shall furnish the
5 practitioner who is the subject of the profile a copy of it.
6 The practitioner has a period of 30 days in which to review
7 the profile and to correct any factual inaccuracies in it. The
8 Department of Health shall make the profile available to the
9 public at the end of the 30-day period. The department shall
10 make the profiles available to the public through the World
11 Wide Web and other commonly used means of distribution.
12 (8) Making a practitioner profile available to the
13 public under this section does not constitute agency action
14 for which a hearing under s. 120.57 may be sought.
15 Section 8. Section 455.5653, Florida Statutes, is
16 amended to read:
17 455.5653 Practitioner profiles; data
18 storage.--Effective upon this act becoming a law, the
19 Department of Health must develop or contract for a computer
20 system to accommodate the new data collection and storage
21 requirements under this act pending the development and
22 operation of a computer system by the Department of Health for
23 handling the collection, input, revision, and update of data
24 submitted by physicians as a part of their initial licensure
25 or renewal to be compiled into individual practitioner
26 profiles. The Department of Health must incorporate any data
27 required by this act into the computer system used in
28 conjunction with the regulation of health care professions
29 under its jurisdiction. The department must develop, by the
30 year 2000, a schedule and procedures for each practitioner
31 within a health care profession regulated within the Division
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HB 1625, Second Engrossed
1 of Medical Quality Assurance to submit relevant information to
2 be compiled into a profile to be made available to the public.
3 The Department of Health is authorized to contract with and
4 negotiate any interagency agreement necessary to develop and
5 implement the practitioner profiles. The Department of Health
6 shall have access to any information or record maintained by
7 the Agency for Health Care Administration, including any
8 information or record that is otherwise confidential and
9 exempt from the provisions of chapter 119 and s. 24(a), Art. I
10 of the State Constitution, so that the Department of Health
11 may corroborate any information that practitioners physicians
12 are required to report under s. 455.565.
13 Section 9. Section 455.5654, Florida Statutes, is
14 amended to read:
15 455.5654 Practitioner profiles; rules;
16 workshops.--Effective upon this act becoming a law, the
17 Department of Health shall adopt rules for the form of a
18 practitioner profile that the agency is required to prepare.
19 The Department of Health, pursuant to chapter 120, must hold
20 public workshops for purposes of rule development to implement
21 this section. An agency to which information is to be
22 submitted under this act may adopt by rule a form for the
23 submission of the information required under s. 455.565.
24 Section 10. Subsection (1) of section 455.567, Florida
25 Statutes, is amended to read:
26 455.567 Sexual misconduct; disqualification for
27 license, certificate, or registration.--
28 (1) Sexual misconduct in the practice of a health care
29 profession means violation of the professional relationship
30 through which the health care practitioner uses such
31 relationship to engage or attempt to engage the patient or
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HB 1625, Second Engrossed
1 client, or an immediate family member, guardian, or
2 representative of the patient or client in, or to induce or
3 attempt to induce such person to engage in, verbal or physical
4 sexual activity outside the scope of the professional practice
5 of such health care profession. Sexual misconduct in the
6 practice of a health care profession is prohibited.
7 Section 11. Paragraphs (f) and (u) of subsection (1),
8 paragraph (c) of subsection (2), and subsection (3) of section
9 455.624, Florida Statutes, are amended, and paragraphs (y) and
10 (z) are added to subsection (1) of said section, to read:
11 455.624 Grounds for discipline; penalties;
12 enforcement.--
13 (1) The following acts shall constitute grounds for
14 which the disciplinary actions specified in subsection (2) may
15 be taken:
16 (f) Having a license or the authority to practice any
17 the regulated profession revoked, suspended, or otherwise
18 acted against, including the denial of licensure, by the
19 licensing authority of any jurisdiction, including its
20 agencies or subdivisions, for a violation that would
21 constitute a violation under Florida law. The licensing
22 authority's acceptance of a relinquishment of licensure,
23 stipulation, consent order, or other settlement, offered in
24 response to or in anticipation of the filing of charges
25 against the license, shall be construed as action against the
26 license.
27 (u) Engaging or attempting to engage in sexual
28 misconduct as defined and prohibited in s. 455.567(1) a
29 patient or client in verbal or physical sexual activity. For
30 the purposes of this section, a patient or client shall be
31
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HB 1625, Second Engrossed
1 presumed to be incapable of giving free, full, and informed
2 consent to verbal or physical sexual activity.
3 (y) Being unable to practice with reasonable skill and
4 safety to patients by reason of illness or use of alcohol,
5 drugs, narcotics, chemicals, or any other type of material or
6 as a result of any mental or physical condition. In enforcing
7 this paragraph, the department shall have, upon a finding of
8 the secretary or the secretary's designee that probable cause
9 exists to believe that the licensee is unable to practice
10 because of the reasons stated in this paragraph, the authority
11 to issue an order to compel a licensee to submit to a mental
12 or physical examination by physicians designated by the
13 department. If the licensee refuses to comply with such order,
14 the department's order directing such examination may be
15 enforced by filing a petition for enforcement in the circuit
16 court where the licensee resides or does business. The
17 department shall be entitled to the summary procedure provided
18 in s. 51.011. A licensee or certificateholder affected under
19 this paragraph shall at reasonable intervals be afforded an
20 opportunity to demonstrate that he or she can resume the
21 competent practice of his or her profession with reasonable
22 skill and safety to patients.
23 (z) Testing positive for any drug, as defined in s.
24 112.0455, on any confirmed preemployment or employer-ordered
25 drug screening when the practitioner does not have a lawful
26 prescription and legitimate medical reason for using such
27 drug.
28 (2) When the board, or the department when there is no
29 board, finds any person guilty of the grounds set forth in
30 subsection (1) or of any grounds set forth in the applicable
31 practice act, including conduct constituting a substantial
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HB 1625, Second Engrossed
1 violation of subsection (1) or a violation of the applicable
2 practice act which occurred prior to obtaining a license, it
3 may enter an order imposing one or more of the following
4 penalties:
5 (c) Restriction of practice or license.
6
7 In determining what action is appropriate, the board, or
8 department when there is no board, must first consider what
9 sanctions are necessary to protect the public or to compensate
10 the patient. Only after those sanctions have been imposed may
11 the disciplining authority consider and include in the order
12 requirements designed to rehabilitate the practitioner. All
13 costs associated with compliance with orders issued under this
14 subsection are the obligation of the practitioner.
15 (3)(a) Notwithstanding subsection (2), if the ground
16 for disciplinary action is the first-time failure of the
17 licensee to satisfy continuing education requirements
18 established by the board, or by the department if there is no
19 board, the board or department, as applicable, shall issue a
20 citation in accordance with s. 455.617 and assess a fine, as
21 determined by the board or department by rule. In addition,
22 for each hour of continuing education not completed or
23 completed late, the board or department, as applicable, may
24 require the licensee to take 1 additional hour of continuing
25 education for each hour not completed or completed late.
26 (b) Notwithstanding subsection (2), if the ground for
27 disciplinary action is the first-time violation of a practice
28 act for unprofessional conduct, as used in ss. 464.018(1)(h),
29 467.203(1)(f), 468.365(1)(f), and 478.52(1)(f), and no actual
30 harm to the patient occurred, the board or department, as
31 applicable, shall issue a citation in accordance with s.
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HB 1625, Second Engrossed
1 455.617 and assess a penalty as determined by rule of the
2 board or department.
3 Section 12. For the purpose of incorporating the
4 amendment to section 455.624, Florida Statutes, in references
5 thereto, the sections or subdivisions of Florida Statutes set
6 forth below are reenacted to read:
7 455.577 Penalty for theft or reproduction of an
8 examination.--In addition to, or in lieu of, any other
9 discipline imposed pursuant to s. 455.624, the theft of an
10 examination in whole or in part or the act of reproducing or
11 copying any examination administered by the department,
12 whether such examination is reproduced or copied in part or in
13 whole and by any means, constitutes a felony of the third
14 degree, punishable as provided in s. 775.082, s. 775.083, or
15 s. 775.084.
16 455.631 Penalty for giving false information.--In
17 addition to, or in lieu of, any other discipline imposed
18 pursuant to s. 455.624, the act of knowingly giving false
19 information in the course of applying for or obtaining a
20 license from the department, or any board thereunder, with
21 intent to mislead a public servant in the performance of his
22 or her official duties, or the act of attempting to obtain or
23 obtaining a license from the department, or any board
24 thereunder, to practice a profession by knowingly misleading
25 statements or knowing misrepresentations constitutes a felony
26 of the third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 455.651 Disclosure of confidential information.--
29 (2) Any person who willfully violates any provision of
30 this section is guilty of a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083, and may be
28
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HB 1625, Second Engrossed
1 subject to discipline pursuant to s. 455.624, and, if
2 applicable, shall be removed from office, employment, or the
3 contractual relationship.
4 455.712 Business establishments; requirements for
5 active status licenses.--
6 (1) A business establishment regulated by the Division
7 of Medical Quality Assurance pursuant to this part may provide
8 regulated services only if the business establishment has an
9 active status license. A business establishment that provides
10 regulated services without an active status license is in
11 violation of this section and s. 455.624, and the board, or
12 the department if there is no board, may impose discipline on
13 the business establishment.
14 458.347 Physician assistants.--
15 (7) PHYSICIAN ASSISTANT LICENSURE.--
16 (g) The Board of Medicine may impose any of the
17 penalties specified in ss. 455.624 and 458.331(2) upon a
18 physician assistant if the physician assistant or the
19 supervising physician has been found guilty of or is being
20 investigated for any act that constitutes a violation of this
21 chapter or part II of chapter 455.
22 459.022 Physician assistants.--
23 (7) PHYSICIAN ASSISTANT LICENSURE.--
24 (f) The Board of Osteopathic Medicine may impose any
25 of the penalties specified in ss. 455.624 and 459.015(2) upon
26 a physician assistant if the physician assistant or the
27 supervising physician has been found guilty of or is being
28 investigated for any act that constitutes a violation of this
29 chapter or part II of chapter 455.
30 468.1755 Disciplinary proceedings.--
31
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HB 1625, Second Engrossed
1 (1) The following acts shall constitute grounds for
2 which the disciplinary actions in subsection (2) may be taken:
3 (a) Violation of any provision of s. 455.624(1) or s.
4 468.1745(1).
5 468.719 Disciplinary actions.--
6 (1) The following acts shall be grounds for
7 disciplinary actions provided for in subsection (2):
8 (a) A violation of any law relating to the practice of
9 athletic training, including, but not limited to, any
10 violation of this part, s. 455.624, or any rule adopted
11 pursuant thereto.
12 (2) When the board finds any person guilty of any of
13 the acts set forth in subsection (1), the board may enter an
14 order imposing one or more of the penalties provided in s.
15 455.624.
16 468.811 Disciplinary proceedings.--
17 (1) The following acts are grounds for disciplinary
18 action against a licensee and the issuance of cease and desist
19 orders or other related action by the department, pursuant to
20 s. 455.624, against any person who engages in or aids in a
21 violation.
22 (a) Attempting to procure a license by fraudulent
23 misrepresentation.
24 (b) Having a license to practice orthotics,
25 prosthetics, or pedorthics revoked, suspended, or otherwise
26 acted against, including the denial of licensure in another
27 jurisdiction.
28 (c) Being convicted or found guilty of or pleading
29 nolo contendere to, regardless of adjudication, in any
30 jurisdiction, a crime that directly relates to the practice of
31 orthotics, prosthetics, or pedorthics, including violations of
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HB 1625, Second Engrossed
1 federal laws or regulations regarding orthotics, prosthetics,
2 or pedorthics.
3 (d) Filing a report or record that the licensee knows
4 is false, intentionally or negligently failing to file a
5 report or record required by state or federal law, willfully
6 impeding or obstructing such filing, or inducing another
7 person to impede or obstruct such filing. Such reports or
8 records include only reports or records that are signed in a
9 person's capacity as a licensee under this act.
10 (e) Advertising goods or services in a fraudulent,
11 false, deceptive, or misleading manner.
12 (f) Violation of this act or part II of chapter 455,
13 or any rules adopted thereunder.
14 (g) Violation of an order of the board, agency, or
15 department previously entered in a disciplinary hearing or
16 failure to comply with a subpoena issued by the board, agency,
17 or department.
18 (h) Practicing with a revoked, suspended, or inactive
19 license.
20 (i) Gross or repeated malpractice or the failure to
21 deliver orthotic, prosthetic, or pedorthic services with that
22 level of care and skill which is recognized by a reasonably
23 prudent licensed practitioner with similar professional
24 training as being acceptable under similar conditions and
25 circumstances.
26 (j) Failing to provide written notice of any
27 applicable warranty for an orthosis, prosthesis, or pedorthic
28 device that is provided to a patient.
29 (2) The board may enter an order imposing one or more
30 of the penalties in s. 455.624(2) against any person who
31 violates any provision of subsection (1).
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HB 1625, Second Engrossed
1 484.056 Disciplinary proceedings.--
2 (1) The following acts relating to the practice of
3 dispensing hearing aids shall be grounds for both disciplinary
4 action against a hearing aid specialist as set forth in this
5 section and cease and desist or other related action by the
6 department as set forth in s. 455.637 against any person
7 owning or operating a hearing aid establishment who engages
8 in, aids, or abets any such violation:
9 (a) Violation of any provision of s. 455.624(1), s.
10 484.0512, or s. 484.053.
11 Section 13. Section 455.704, Florida Statutes, is
12 repealed.
13 Section 14. Subsections (1), (2), and (3) of section
14 455.707, Florida Statutes, are amended to read:
15 455.707 Treatment programs for impaired
16 practitioners.--
17 (1) For professions that do not have impaired
18 practitioner programs provided for in their practice acts, the
19 department shall, by rule, designate approved impaired
20 practitioner treatment programs under this section. The
21 department may adopt rules setting forth appropriate criteria
22 for approval of treatment providers based on the policies and
23 guidelines established by the Impaired Practitioners
24 Committee. The rules may must specify the manner in which the
25 consultant, retained as set forth in subsection (2), works
26 with the department in intervention, requirements for
27 evaluating and treating a professional, and requirements for
28 the continued care and monitoring of a professional by the
29 consultant by an approved at a department-approved treatment
30 provider. The department shall not compel any impaired
31
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HB 1625, Second Engrossed
1 practitioner program in existence on October 1, 1992, to serve
2 additional professions.
3 (2) The department shall retain one or more impaired
4 practitioner consultants as recommended by the committee. A
5 consultant shall be a licensee or recovered licensee under the
6 jurisdiction of the Division of Medical Quality Assurance
7 within the department, and at least one consultant must be a
8 practitioner or recovered practitioner licensed under chapter
9 458, chapter 459, or chapter 464. The consultant shall assist
10 the probable cause panel and department in carrying out the
11 responsibilities of this section. This shall include working
12 with department investigators to determine whether a
13 practitioner is, in fact, impaired.
14 (3)(a) Whenever the department receives a written or
15 oral legally sufficient complaint alleging that a licensee
16 under the jurisdiction of the Division of Medical Quality
17 Assurance within the department is impaired as a result of the
18 misuse or abuse of alcohol or drugs, or both, or due to a
19 mental or physical condition which could affect the licensee's
20 ability to practice with skill and safety, and no complaint
21 against the licensee other than impairment exists, the
22 reporting of such information shall not constitute grounds for
23 discipline pursuant to s. 455.624 or the corresponding grounds
24 for discipline within the applicable practice act a complaint
25 within the meaning of s. 455.621 if the probable cause panel
26 of the appropriate board, or the department when there is no
27 board, finds:
28 1. The licensee has acknowledged the impairment
29 problem.
30 2. The licensee has voluntarily enrolled in an
31 appropriate, approved treatment program.
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HB 1625, Second Engrossed
1 3. The licensee has voluntarily withdrawn from
2 practice or limited the scope of practice as required by the
3 consultant determined by the panel, or the department when
4 there is no board, in each case, until such time as the panel,
5 or the department when there is no board, is satisfied the
6 licensee has successfully completed an approved treatment
7 program.
8 4. The licensee has executed releases for medical
9 records, authorizing the release of all records of
10 evaluations, diagnoses, and treatment of the licensee,
11 including records of treatment for emotional or mental
12 conditions, to the consultant. The consultant shall make no
13 copies or reports of records that do not regard the issue of
14 the licensee's impairment and his or her participation in a
15 treatment program.
16 (b) If, however, the department has not received a
17 legally sufficient complaint and the licensee agrees to
18 withdraw from practice until such time as the consultant
19 determines the licensee has satisfactorily completed an
20 approved treatment program or evaluation, the probable cause
21 panel, or the department when there is no board, shall not
22 become involved in the licensee's case.
23 (c) Inquiries related to impairment treatment programs
24 designed to provide information to the licensee and others and
25 which do not indicate that the licensee presents a danger to
26 the public shall not constitute a complaint within the meaning
27 of s. 455.621 and shall be exempt from the provisions of this
28 subsection.
29 (d) Whenever the department receives a legally
30 sufficient complaint alleging that a licensee is impaired as
31 described in paragraph (a) and no complaint against the
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HB 1625, Second Engrossed
1 licensee other than impairment exists, the department shall
2 forward all information in its possession regarding the
3 impaired licensee to the consultant. For the purposes of this
4 section, a suspension from hospital staff privileges due to
5 the impairment does not constitute a complaint.
6 (e) The probable cause panel, or the department when
7 there is no board, shall work directly with the consultant,
8 and all information concerning a practitioner obtained from
9 the consultant by the panel, or the department when there is
10 no board, shall remain confidential and exempt from the
11 provisions of s. 119.07(1), subject to the provisions of
12 subsections (5) and (6).
13 (f) A finding of probable cause shall not be made as
14 long as the panel, or the department when there is no board,
15 is satisfied, based upon information it receives from the
16 consultant and the department, that the licensee is
17 progressing satisfactorily in an approved impaired
18 practitioner treatment program and no other complaint against
19 the licensee exists.
20 Section 15. Subsection (1) of section 310.102, Florida
21 Statutes, is amended to read:
22 310.102 Treatment programs for impaired pilots and
23 deputy pilots.--
24 (1) The department shall, by rule, designate approved
25 treatment programs for impaired pilots and deputy pilots under
26 this section. The department may adopt rules setting forth
27 appropriate criteria for approval of treatment providers based
28 on the policies and guidelines established by the Impaired
29 Practitioners Committee under s. 455.704.
30 Section 16. Section 455.711, Florida Statutes, is
31 amended to read:
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HB 1625, Second Engrossed
1 455.711 Licenses; active and inactive and delinquent
2 status; delinquency.--
3 (1) A licensee may practice a profession only if the
4 licensee has an active status license. A licensee who
5 practices a profession without an active status license is in
6 violation of this section and s. 455.624, and the board, or
7 the department if there is no board, may impose discipline on
8 the licensee.
9 (2) Each board, or the department if there is no
10 board, shall permit a licensee to choose, at the time of
11 licensure renewal, an active or inactive status. However, a
12 licensee who changes from inactive to active status is not
13 eligible to return to inactive status until the licensee
14 thereafter completes a licensure cycle on active status.
15 (3) Each board, or the department if there is no
16 board, shall by rule impose a fee for renewal of an active or
17 inactive status license. The renewal fee for an inactive
18 status license may not exceed which is no greater than the fee
19 for an active status license.
20 (4) Notwithstanding any other provision of law to the
21 contrary, a licensee may change licensure status at any time.
22 (a) Active status licensees choosing inactive status
23 at the time of license renewal must pay the inactive status
24 renewal fee, and, if applicable, the delinquency fee and the
25 fee to change licensure status. Active status licensees
26 choosing inactive status at any other time than at the time of
27 license renewal must pay the fee to change licensure status.
28 (b) An inactive status licensee may change to active
29 status at any time, if the licensee meets all requirements for
30 active status, pays any additional licensure fees necessary to
31 equal those imposed on an active status licensee, pays any
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HB 1625, Second Engrossed
1 applicable reactivation fees as set by the board, or the
2 department if there is no board, and meets all continuing
3 education requirements as specified in this section. Inactive
4 status licensees choosing active status at the time of license
5 renewal must pay the active status renewal fee, any applicable
6 reactivation fees as set by the board, or the department if
7 there is no board, and, if applicable, the delinquency fee and
8 the fee to change licensure status. Inactive status licensees
9 choosing active status at any other time than at the time of
10 license renewal must pay the difference between the inactive
11 status renewal fee and the active status renewal fee, if any
12 exists, any applicable reactivation fees as set by the board,
13 or the department if there is no board, and the fee to change
14 licensure status.
15 (5) A licensee must apply with a complete application,
16 as defined by rule of the board, or the department if there is
17 no board, to renew an active status or inactive status license
18 before the license expires. If a licensee fails to renew
19 before the license expires, the license becomes delinquent in
20 the license cycle following expiration.
21 (6) A delinquent status licensee must affirmatively
22 apply with a complete application, as defined by rule of the
23 board, or the department if there is no board, for active or
24 inactive status during the licensure cycle in which a licensee
25 becomes delinquent. Failure by a delinquent status licensee to
26 become active or inactive before the expiration of the current
27 licensure cycle renders the license null without any further
28 action by the board or the department. Any subsequent
29 licensure shall be as a result of applying for and meeting all
30 requirements imposed on an applicant for new licensure.
31
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HB 1625, Second Engrossed
1 (7) Each board, or the department if there is no
2 board, shall by rule impose an additional delinquency fee, not
3 to exceed the biennial renewal fee for an active status
4 license, on a delinquent status licensee when such licensee
5 applies for active or inactive status.
6 (8) Each board, or the department if there is no
7 board, shall by rule impose an additional fee, not to exceed
8 the biennial renewal fee for an active status license, for
9 processing a licensee's request to change licensure status at
10 any time other than at the beginning of a licensure cycle.
11 (9) Each board, or the department if there is no
12 board, may by rule impose reasonable conditions, excluding
13 full reexamination but including part of a national
14 examination or a special purpose examination to assess current
15 competency, necessary to ensure that a licensee who has been
16 on inactive status for more than two consecutive biennial
17 licensure cycles and who applies for active status can
18 practice with the care and skill sufficient to protect the
19 health, safety, and welfare of the public. Reactivation
20 requirements may differ depending on the length of time
21 licensees are inactive. The costs to meet reactivation
22 requirements shall be borne by licensees requesting
23 reactivation.
24 (10) Before reactivation, an inactive status licensee
25 or a delinquent licensee who was inactive prior to becoming
26 delinquent must meet the same continuing education
27 requirements, if any, imposed on an active status licensee for
28 all biennial licensure periods in which the licensee was
29 inactive or delinquent.
30 (11) The status or a change in status of a licensee
31 does not alter in any way the right of the board, or of the
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1 department if there is no board, to impose discipline or to
2 enforce discipline previously imposed on a licensee for acts
3 or omissions committed by the licensee while holding a
4 license, whether active, inactive, or delinquent.
5 (12) This section does not apply to a business
6 establishment registered, permitted, or licensed by the
7 department to do business.
8 (13) The board, or the department when there is no
9 board, may adopt rules pursuant to ss. 120.536(1) and 120.54
10 as necessary to implement this section.
11 Section 17. Subsection (3) of section 455.587, Florida
12 Statutes, is amended to read:
13 455.587 Fees; receipts; disposition.--
14 (3) Each board, or the department if there is no
15 board, may, by rule, assess and collect a one-time fee from
16 each active status licensee and each voluntary inactive status
17 licensee in an amount necessary to eliminate a cash deficit
18 or, if there is not a cash deficit, in an amount sufficient to
19 maintain the financial integrity of the professions as
20 required in this section. Not more than one such assessment
21 may be made in any 4-year period without specific legislative
22 authorization.
23 Section 18. Subsection (1) of section 455.714, Florida
24 Statutes, is amended to read:
25 455.714 Renewal and cancellation notices.--
26 (1) At least 90 days before the end of a licensure
27 cycle, the department shall:
28 (a) Forward a licensure renewal notification to an
29 active or inactive status licensee at the licensee's last
30 known address of record with the department.
31
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1 (b) Forward a notice of pending cancellation of
2 licensure to a delinquent status licensee at the licensee's
3 last known address of record with the department.
4 Section 19. Section 455.719, Florida Statutes, is
5 created to read:
6 455.719 Health care professionals; exemption from
7 disqualification from employment or contracting.--Any other
8 provision of law to the contrary notwithstanding, only the
9 appropriate regulatory board, or the department when there is
10 no board, may grant an exemption from disqualification from
11 employment or contracting as provided in s. 435.07 to a person
12 under the licensing jurisdiction of that board or the
13 department, as applicable.
14 Section 20. Section 455.637, Florida Statutes, is
15 amended to read:
16 455.637 Unlicensed practice of a health care
17 profession; intent; cease and desist notice; penalties civil
18 penalty; enforcement; citations; fees; allocation and
19 disposition of moneys collected.--
20 (1) It is the intent of the Legislature that vigorous
21 enforcement of licensure regulation for all health care
22 professions is a state priority in order to protect Florida
23 residents and visitors from the potentially serious and
24 dangerous consequences of receiving medical and health care
25 services from unlicensed persons whose professional education
26 and training and other relevant qualifications have not been
27 approved through the issuance of a license by the appropriate
28 regulatory board or the department when there is no board. The
29 unlicensed practice of a health care profession or the
30 performance or delivery of medical or health care services to
31 patients in this state without a valid, active license to
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1 practice that profession, regardless of the means of the
2 performance or delivery of such services, is strictly
3 prohibited.
4 (2) The penalties for unlicensed practice of a health
5 care profession shall include the following:
6 (a)(1) When the department has probable cause to
7 believe that any person not licensed by the department, or the
8 appropriate regulatory board within the department, has
9 violated any provision of this part or any statute that
10 relates to the practice of a profession regulated by the
11 department, or any rule adopted pursuant thereto, the
12 department may issue and deliver to such person a notice to
13 cease and desist from such violation. In addition, the
14 department may issue and deliver a notice to cease and desist
15 to any person who aids and abets the unlicensed practice of a
16 profession by employing such unlicensed person. The issuance
17 of a notice to cease and desist shall not constitute agency
18 action for which a hearing under ss. 120.569 and 120.57 may be
19 sought. For the purpose of enforcing a cease and desist order,
20 the department may file a proceeding in the name of the state
21 seeking issuance of an injunction or a writ of mandamus
22 against any person who violates any provisions of such order.
23 (b) In addition to the foregoing remedies under
24 paragraph (a), the department may impose by citation an
25 administrative penalty not to exceed $5,000 per incident
26 pursuant to the provisions of chapter 120 or may issue a
27 citation pursuant to the provisions of subsection (3). The
28 citation shall be issued to the subject and shall contain the
29 subject's name and any other information the department
30 determines to be necessary to identify the subject, a brief
31 factual statement, the sections of the law allegedly violated,
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1 and the penalty imposed. If the subject does not dispute the
2 matter in the citation with the department within 30 days
3 after the citation is served, the citation shall become a
4 final order of the department. The department may adopt rules
5 to implement this section. The penalty shall be a fine of not
6 less than $500 nor more than $5,000 as established by rule of
7 the department. Each day that the unlicensed practice
8 continues after issuance of a notice to cease and desist
9 constitutes a separate violation. The department shall be
10 entitled to recover the costs of investigation and prosecution
11 in addition to the fine levied pursuant to the citation.
12 Service of a citation may be made by personal service or by
13 mail to the subject at the subject's last known address or
14 place of practice. If the department is required to seek
15 enforcement of the cease and desist or agency order for a
16 penalty pursuant to s. 120.569, it shall be entitled to
17 collect its attorney's fees and costs, together with any cost
18 of collection.
19 (c)(2) In addition to or in lieu of any other
20 administrative remedy provided in subsection (1), the
21 department may seek the imposition of a civil penalty through
22 the circuit court for any violation for which the department
23 may issue a notice to cease and desist under subsection (1).
24 The civil penalty shall be no less than $500 and no more than
25 $5,000 for each offense. The court may also award to the
26 prevailing party court costs and reasonable attorney fees and,
27 in the event the department prevails, may also award
28 reasonable costs of investigation and prosecution.
29 (d) In addition to the administrative and civil
30 remedies under paragraphs (b) and (c) and in addition to the
31
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1 criminal violations and penalties listed in the individual
2 health care practice acts:
3 1. It is a felony of the third degree, punishable as
4 provided in s. 775.082, s. 775.083, or s. 775.084, to
5 practice, attempt to practice, or offer to practice a health
6 care profession without an active, valid Florida license to
7 practice that profession. Practicing without an active, valid
8 license also includes practicing on a suspended, revoked, or
9 void license, but does not include practicing, attempting to
10 practice, or offering to practice with an inactive or
11 delinquent license for a period of up to 12 months which is
12 addressed in subparagraph 3. Applying for employment for a
13 position that requires a license without notifying the
14 employer that the person does not currently possess a valid,
15 active license to practice that profession shall be deemed to
16 be an attempt or offer to practice that health care profession
17 without a license. Holding oneself out, regardless of the
18 means of communication, as able to practice a health care
19 profession or as able to provide services that require a
20 health care license shall be deemed to be an attempt or offer
21 to practice such profession without a license. The minimum
22 penalty for violating this subparagraph shall be a fine of
23 $1,000 and a minimum mandatory period of incarceration of 1
24 year.
25 2. It is a felony of the second degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084, to practice
27 a health care profession without an active, valid Florida
28 license to practice that profession when such practice results
29 in serious bodily injury. For purposes of this section,
30 "serious bodily injury" means death; brain or spinal damage;
31 disfigurement; fracture or dislocation of bones or joints;
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1 limitation of neurological, physical, or sensory function; or
2 any condition that required subsequent surgical repair. The
3 minimum penalty for violating this subparagraph shall be a
4 fine of $1,000 and a minimum mandatory period of incarceration
5 of 1 year.
6 3. It is a misdemeanor of the first degree, punishable
7 as provided in s. 775.082 or s. 775.083, to practice, attempt
8 to practice, or offer to practice a health care profession
9 with an inactive or delinquent license for any period of time
10 up to 12 months. However, practicing, attempting to practice,
11 or offering to practice a health care profession when that
12 person's license has been inactive or delinquent for a period
13 of time of 12 months or more shall be a felony of the third
14 degree, punishable as provided in s. 775.082, s. 775.083, or
15 s. 775.084. The minimum penalty for violating this
16 subparagraph shall be a term of imprisonment of 30 days and a
17 fine of $500.
18 (3) Because all enforcement costs should be covered by
19 professions regulated by the department, the department shall
20 impose, upon initial licensure and each licensure renewal, a
21 special fee of $5 per licensee to fund efforts to combat
22 unlicensed activity. Such fee shall be in addition to all
23 other fees collected from each licensee. The board with
24 concurrence of the department, or the department when there is
25 no board, may earmark $5 of the current licensure fee for this
26 purpose, if such board, or profession regulated by the
27 department, is not in a deficit and has a reasonable cash
28 balance. The department shall make direct charges to the
29 Medical Quality Assurance Trust Fund by profession. The
30 department shall seek board advice regarding enforcement
31 methods and strategies. The department shall directly credit
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1 the Medical Quality Assurance Trust Fund, by profession, with
2 the revenues received from the department's efforts to enforce
3 licensure provisions. The department shall include all
4 financial and statistical data resulting from unlicensed
5 activity enforcement as a separate category in the quarterly
6 management report provided for in s. 455.587. For an
7 unlicensed activity account, a balance which remains at the
8 end of a renewal cycle may, with concurrence of the applicable
9 board and the department, be transferred to the operating fund
10 account of that profession. The department shall also use
11 these funds to inform and educate consumers generally on the
12 importance of using licensed health care practitioners.
13 (3)(a) Notwithstanding the provisions of s. 455.621,
14 the department shall adopt rules to permit the issuance of
15 citations for unlicensed practice of a profession. The
16 citation shall be issued to the subject and shall contain the
17 subject's name and any other information the department
18 determines to be necessary to identify the subject, a brief
19 factual statement, the sections of the law allegedly violated,
20 and the penalty imposed. The citation must clearly state that
21 the subject may choose, in lieu of accepting the citation, to
22 follow the procedure under s. 455.621. If the subject disputes
23 the matter in the citation, the procedures set forth in s.
24 455.621 must be followed. However, if the subject does not
25 dispute the matter in the citation with the department within
26 30 days after the citation is served, the citation shall
27 become a final order of the department. The penalty shall be a
28 fine of not less than $500 or more than $5,000 or other
29 conditions as established by rule.
30 (b) Each day that the unlicensed practice continues
31 after issuance of a citation constitutes a separate violation.
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1 (c) The department shall be entitled to recover the
2 costs of investigation, in addition to any penalty provided
3 according to department rule as part of the penalty levied
4 pursuant to the citation.
5 (d) Service of a citation may be made by personal
6 service or certified mail, restricted delivery, to the subject
7 at the subject's last known address.
8 (4) All fines, fees, and costs collected through the
9 procedures set forth in this section shall be allocated to the
10 professions in the manner provided for in s. 455.641 for the
11 allocation of the fees assessed and collected to combat
12 unlicensed practice of a profession.
13 (4)(5) The provisions of this section apply only to
14 health care the professional practice acts administered by the
15 department.
16 (5) Nothing herein shall be construed to limit or
17 restrict the sale, use, or recommendation of the use of a
18 dietary supplement, as defined by the Food, Drug, and Cosmetic
19 Act, Title 21, s. 321, so long as the person selling, using,
20 or recommending the dietary supplement does so in compliance
21 with federal and state law.
22 Section 21. Section 458.3135, Florida Statutes, is
23 created to read:
24 458.3135 Temporary certificate for visiting physicians
25 to practice in approved cancer centers.--
26 (1) Any physician who has been accepted for a course
27 of training by a cancer center approved by the board and who
28 meets all of the qualifications set forth in this section may
29 be issued a temporary certificate to practice in a
30 board-approved cancer center under the International Cancer
31 Center Visiting Physician Program. A certificate may be issued
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1 to a physician who will be training under the direct
2 supervision of a physician employed by or under contract with
3 an approved cancer center for a period of no more than 1 year.
4 The purpose of the International Cancer Center Visiting
5 Physician Program is to provide to internationally respected
6 and highly qualified physicians advanced education and
7 training on cancer treatment techniques developed at an
8 approved cancer center. The board may issue this temporary
9 certificate in accordance with the restrictions set forth in
10 this section.
11 (2) A temporary certificate for practice in an
12 approved cancer center may be issued without examination to an
13 individual who:
14 (a) Is a graduate of an accredited medical school or
15 its equivalent, or is a graduate of a foreign medical school
16 listed with the World Health Organization;
17 (b) Holds a valid and unencumbered license to practice
18 medicine in another country;
19 (c) Has completed the application form adopted by the
20 board and remitted a nonrefundable application fee not to
21 exceed $300;
22 (d) Has not committed any act in this or any other
23 jurisdiction which would constitute the basis for disciplining
24 a physician under s. 455.624 or s. 458.331;
25 (e) Meets the financial responsibility requirements of
26 s. 458.320; and
27 (f) Has been accepted for a course of training by a
28 cancer center approved by the board.
29 (3) The board shall by rule establish qualifications
30 for approval of cancer centers under this section, which at a
31 minimum shall require the cancer center to be licensed under
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1 chapter 395 and have met the standards required to be a
2 National Cancer Institute-designated cancer center. The board
3 shall review the cancer centers approved under this section
4 not less than annually to ascertain that the minimum
5 requirements of this chapter and the rules adopted thereunder
6 are being complied with. If it is determined that such minimum
7 requirements are not being met by an approved cancer center,
8 the board shall rescind its approval of that cancer center and
9 no temporary certificate for that cancer center shall be valid
10 until such time as the board reinstates its approval of that
11 cancer center.
12 (4) A recipient of a temporary certificate for
13 practice in an approved cancer center may use the certificate
14 to practice for the duration of the course of training at the
15 approved cancer center so long as the duration of the course
16 does not exceed 1 year. If at any time the cancer center is no
17 longer approved by the board, the temporary certificate shall
18 expire and the recipient shall no longer be authorized to
19 practice in this state.
20 (5) A recipient of a temporary certificate for
21 practice in an approved cancer center is limited to practicing
22 in facilities owned or operated by that approved cancer center
23 and is limited to only practicing under the direct supervision
24 of a physician who holds a valid, active, and unencumbered
25 license to practice medicine in this state issued under this
26 chapter or chapter 459.
27 (6) The board shall not issue a temporary certificate
28 for practice in an approved cancer center to any physician who
29 is under investigation in another jurisdiction for an act that
30 would constitute a violation of this chapter or chapter 455
31
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HB 1625, Second Engrossed
1 until such time as the investigation is complete and the
2 physician is found innocent of all charges.
3 (7) A physician applying under this section is exempt
4 from the requirements of ss. 455.565-455.5656. All other
5 provisions of chapters 455 and 458 apply.
6 (8) In any year, the maximum number of temporary
7 certificates that may be issued by the board under this
8 section may not exceed 10 at each approved cancer center.
9 (9) The board may adopt rules pursuant to ss.
10 120.536(1) and 120.54 as necessary to implement this section.
11 (10) Nothing in this section may be construed to
12 authorize a physician who is not licensed to practice medicine
13 in this state to qualify for or otherwise engage in the
14 practice of medicine in this state, except as provided in this
15 section.
16 Section 22. Paragraph (i) of subsection (1), and
17 subsection (4) of section 458.3145, Florida Statutes, are
18 amended to read:
19 458.3145 Medical faculty certificate.--
20 (1) A medical faculty certificate may be issued
21 without examination to an individual who:
22 (a) Is a graduate of an accredited medical school or
23 its equivalent, or is a graduate of a foreign medical school
24 listed with the World Health Organization;
25 (b) Holds a valid, current license to practice
26 medicine in another jurisdiction;
27 (c) Has completed the application form and remitted a
28 nonrefundable application fee not to exceed $500;
29 (d) Has completed an approved residency or fellowship
30 of at least 1 year or has received training which has been
31
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1 determined by the board to be equivalent to the 1-year
2 residency requirement;
3 (e) Is at least 21 years of age;
4 (f) Is of good moral character;
5 (g) Has not committed any act in this or any other
6 jurisdiction which would constitute the basis for disciplining
7 a physician under s. 458.331;
8 (h) For any applicant who has graduated from medical
9 school after October 1, 1992, has completed, before entering
10 medical school, the equivalent of 2 academic years of
11 preprofessional, postsecondary education, as determined by
12 rule of the board, which must include, at a minimum, courses
13 in such fields as anatomy, biology, and chemistry; and
14 (i) Has been offered and has accepted a full-time
15 faculty appointment to teach in a program of medicine at:
16 1. The University of Florida,
17 2. The University of Miami,
18 3. The University of South Florida, or
19 4. The Florida State University, or
20 54. The Mayo Medical School at the Mayo Clinic in
21 Jacksonville, Florida.
22 (2) The certificate authorizes the holder to practice
23 only in conjunction with his or her faculty position at an
24 accredited medical school and its affiliated clinical
25 facilities or teaching hospitals that are registered with the
26 Board of Medicine as sites at which holders of medical faculty
27 certificates will be practicing. Such certificate
28 automatically expires when the holder's relationship with the
29 medical school is terminated or after a period of 24 months,
30 whichever occurs sooner, and is renewable every 2 years by a
31 holder who applies to the board on a form prescribed by the
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HB 1625, Second Engrossed
1 board and provides certification by the dean of the medical
2 school that the holder is a distinguished medical scholar and
3 an outstanding practicing physician.
4 (3) The holder of a medical faculty certificate issued
5 under this section has all rights and responsibilities
6 prescribed by law for the holder of a license issued under s.
7 458.311, except as specifically provided otherwise by law.
8 Such responsibilities include compliance with continuing
9 medical education requirements as set forth by rule of the
10 board. A hospital or ambulatory surgical center licensed under
11 chapter 395, health maintenance organization certified under
12 chapter 641, insurer as defined in s. 624.03,
13 multiple-employer welfare arrangement as defined in s.
14 624.437, or any other entity in this state, in considering and
15 acting upon an application for staff membership, clinical
16 privileges, or other credentials as a health care provider,
17 may not deny the application of an otherwise qualified
18 physician for such staff membership, clinical privileges, or
19 other credentials solely because the applicant is a holder of
20 a medical faculty certificate under this section.
21 (4) In any year, the maximum number of extended
22 medical faculty certificateholders as provided in subsection
23 (2) may not exceed 15 persons at each institution named in
24 subparagraphs (1)(i)1.-43. and at the facility named in s.
25 240.512 and may not exceed 5 persons at the institution named
26 in subparagraph (1)(i)54.
27 5. Annual review of all such certificate recipients
28 will be made by the deans of the accredited 4-year medical
29 schools within this state and reported to the Board of
30 Medicine.
31
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1 (5) Notwithstanding subsection (1), any physician,
2 when providing medical care or treatment in connection with
3 the education of students, residents, or faculty at the
4 request of the dean of an accredited medical school within
5 this state or at the request of the medical director of a
6 statutory teaching hospital as defined in s. 408.07, may do so
7 upon registration with the board and demonstration of
8 financial responsibility pursuant to s. 458.320(1) or (2)
9 unless such physician is exempt under s. 458.320(5)(a). The
10 performance of such medical care or treatment must be limited
11 to a single period of time, which may not exceed 180
12 consecutive days, and must be rendered within a facility
13 registered under subsection (2) or within a statutory teaching
14 hospital as defined in s. 408.07. A registration fee not to
15 exceed $300, as set by the board, is required of each
16 physician registered under this subsection. However, no more
17 than three physicians per year per institution may be
18 registered under this subsection, and an exemption under this
19 subsection may not be granted to a physician more than once in
20 any given 5-year period.
21 Section 23. Subsection (5) is added to section
22 458.315, Florida Statutes, to read:
23 458.315 Temporary certificate for practice in areas of
24 critical need.--Any physician who is licensed to practice in
25 any other state, whose license is currently valid, and who
26 pays an application fee of $300 may be issued a temporary
27 certificate to practice in communities of Florida where there
28 is a critical need for physicians. A certificate may be
29 issued to a physician who will be employed by a county health
30 department, correctional facility, community health center
31 funded by s. 329, s. 330, or s. 340 of the United States
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HB 1625, Second Engrossed
1 Public Health Services Act, or other entity that provides
2 health care to indigents and that is approved by the State
3 Health Officer. The Board of Medicine may issue this
4 temporary certificate with the following restrictions:
5 (5) The application fee and all licensure fees,
6 including neurological injury compensation assessments, shall
7 be waived for those persons obtaining a temporary certificate
8 to practice in areas of critical need for the purpose of
9 providing volunteer, uncompensated care for low-income
10 Floridians. The applicant must submit an affidavit from the
11 employing agency or institution stating that the physician
12 will not receive any compensation for any service involving
13 the practice of medicine.
14 Section 24. Section 458.345, Florida Statutes, is
15 amended to read:
16 458.345 Registration of resident physicians, interns,
17 and fellows; list of hospital employees; prescribing of
18 medicinal drugs; penalty.--
19 (1) Any person desiring to practice as a resident
20 physician, assistant resident physician, house physician,
21 intern, or fellow in fellowship training which leads to
22 subspecialty board certification in this state, or any person
23 desiring to practice as a resident physician, assistant
24 resident physician, house physician, intern, or fellow in
25 fellowship training in a teaching hospital in this state as
26 defined in s. 408.07(44) or s. 395.805(2), who does not hold a
27 valid, active license issued under this chapter shall apply to
28 the department to be registered and shall remit a fee not to
29 exceed $300 as set by the board. The department shall
30 register any applicant the board certifies has met the
31 following requirements:
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1 (a) Is at least 21 years of age.
2 (b) Has not committed any act or offense within or
3 without the state which would constitute the basis for refusal
4 to certify an application for licensure pursuant to s.
5 458.331.
6 (c) Is a graduate of a medical school or college as
7 specified in s. 458.311(1)(f).
8 (2) The board shall not certify to the department for
9 registration any applicant who is under investigation in any
10 state or jurisdiction for an act which would constitute the
11 basis for imposing a disciplinary penalty specified in s.
12 458.331(2)(b) until such time as the investigation is
13 completed, at which time the provisions of s. 458.331 shall
14 apply.
15 (3) Every hospital or teaching hospital employing or
16 utilizing the services of a resident physician, assistant
17 resident physician, house physician, intern, or fellow in
18 fellowship training registered under this section which leads
19 to subspecialty board certification shall designate a person
20 who shall, on dates designated by the board, in consultation
21 with the department, furnish the department with a list of
22 such the hospital's employees and such other information as
23 the board may direct. The chief executive officer of each
24 such hospital shall provide the executive director of the
25 board with the name, title, and address of the person
26 responsible for furnishing such reports.
27 (4) Registration under this section shall
28 automatically expire after 2 years without further action by
29 the board or the department unless an application for renewal
30 is approved by the board. No person registered under this
31 section may be employed or utilized as a house physician or
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HB 1625, Second Engrossed
1 act as a resident physician, an assistant resident physician,
2 an intern, or a fellow in fellowship training which leads to a
3 subspecialty board certification in a hospital or teaching
4 hospital of this state for more than 2 years without a valid,
5 active license or renewal of registration under this section.
6 Requirements for renewal of registration shall be established
7 by rule of the board. An application fee not to exceed $300
8 as set by the board shall accompany the application for
9 renewal, except that resident physicians, assistant resident
10 physicians, interns, and fellows in fellowship training
11 registered under this section which leads to subspecialty
12 board certification shall be exempt from payment of any
13 renewal fees.
14 (5) Notwithstanding any provision of this section or
15 s. 120.52 to the contrary, any person who is registered under
16 this section is subject to the provisions of s. 458.331.
17 (6) A person registered as a resident physician under
18 this section may in the normal course of his or her employment
19 prescribe medicinal drugs described in schedules set out in
20 chapter 893 when:
21 (a) The person prescribes such medicinal drugs through
22 use of a Drug Enforcement Administration number issued to the
23 hospital or teaching hospital by which the person is employed
24 or at which the person's services are used;
25 (b) The person is identified by a discrete suffix to
26 the identification number issued to such the hospital; and
27 (c) The use of the institutional identification number
28 and individual suffixes conforms to the requirements of the
29 federal Drug Enforcement Administration.
30
31
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HB 1625, Second Engrossed
1 (7) Any person willfully violating this section
2 commits a misdemeanor of the first degree, punishable as
3 provided in s. 775.082 or s. 775.083.
4 (8) The board shall promulgate rules pursuant to ss.
5 120.536(1) and 120.54 as necessary to implement this section.
6 Section 25. Subsection (3) of section 458.348, Florida
7 Statutes, is created to read:
8 458.348 Formal supervisory relationships, standing
9 orders, and established protocols; notice; standards.--
10 (3) PROTOCOLS REQUIRING DIRECT SUPERVISION.--All
11 protocols relating to electrolysis or electrology using laser
12 or light-based hair removal or reduction by persons other than
13 physicians licensed under this chapter or chapter 459 shall
14 require the person performing such service to be appropriately
15 trained and work only under the direct supervision and
16 responsibility of a physician licensed under this chapter or
17 chapter 459. All protocols relating to electrolysis or
18 electrology using needle-type epilation devices by persons
19 other than physicians licensed under this chapter or chapter
20 459 shall require the person performing such service to be
21 appropriately trained and work only under the general
22 supervision of a physician licensed under this chapter or
23 chapter 459.
24 Section 26. Section 459.021, Florida Statutes, is
25 amended to read:
26 459.021 Registration of resident physicians, interns,
27 and fellows; list of hospital employees; penalty.--
28 (1) Any person who holds a degree of Doctor of
29 Osteopathic Medicine from a college of osteopathic medicine
30 recognized and approved by the American Osteopathic
31 Association who desires to practice as a resident physician,
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1 assistant resident physician, house physician, intern, or
2 fellow in fellowship training which leads to subspecialty
3 board certification in this state, or any person desiring to
4 practice as a resident physician, assistant resident
5 physician, house physician, intern, or fellow in fellowship
6 training in a teaching hospital in this state as defined in s.
7 408.07(44) or s. 395.805(2), who does not hold an active
8 license issued under this chapter shall apply to the
9 department to be registered, on an application provided by the
10 department, within 30 days of commencing such a training
11 program and shall remit a fee not to exceed $300 as set by the
12 board.
13 (2) Any person required to be registered under this
14 section shall renew such registration annually. Such
15 registration shall be terminated upon the registrant's receipt
16 of an active license issued under this chapter. No person
17 shall be registered under this section for an aggregate of
18 more than 5 years, unless additional years are approved by the
19 board.
20 (3) Every hospital or teaching hospital having
21 employed or contracted with or utilized the services of a
22 person who holds a degree of Doctor of Osteopathic Medicine
23 from a college of osteopathic medicine recognized and approved
24 by the American Osteopathic Association as a resident
25 physician, assistant resident physician, house physician,
26 intern, or fellow in fellowship training registered under this
27 section which leads to subspecialty board certification shall
28 designate a person who shall furnish, on dates designated by
29 the board, in consultation with the department, to the
30 department a list of all such persons who have served in such
31 the hospital during the preceding 6-month period. The chief
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HB 1625, Second Engrossed
1 executive officer of each such hospital shall provide the
2 executive director of the board with the name, title, and
3 address of the person responsible for filing such reports.
4 (4) The registration may be revoked or the department
5 may refuse to issue any registration for any cause which would
6 be a ground for its revocation or refusal to issue a license
7 to practice osteopathic medicine, as well as on the following
8 grounds:
9 (a) Omission of the name of an intern, resident
10 physician, assistant resident physician, house physician, or
11 fellow in fellowship training from the list of employees
12 required by subsection (3) to be furnished to the department
13 by the hospital or teaching hospital served by the employee.
14 (b) Practicing osteopathic medicine outside of a bona
15 fide hospital training program.
16 (5) It is a misdemeanor of the second degree,
17 punishable as provided in s. 775.082 or s. 775.083 for any
18 hospital or teaching hospital, and also for the
19 superintendent, administrator, and other person or persons
20 having administrative authority in such a hospital:
21 (a) To employ the services in such the hospital of any
22 person listed in subsection (3), unless such person is
23 registered with the department under the law or the holder of
24 a license to practice osteopathic medicine under this chapter.
25 (b) To fail to furnish to the department the list and
26 information required by subsection (3).
27 (6) Any person desiring registration pursuant to this
28 section shall meet all the requirements of s. 459.0055.
29 (7) The board shall promulgate rules pursuant to ss.
30 120.536(1) and 120.54 as necessary to implement this section.
31
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HB 1625, Second Engrossed
1 (8) Notwithstanding any provision of this section or
2 s. 120.52 to the contrary, any person who is registered under
3 this section is subject to the provisions of s. 459.015.
4 (9) A person registered as a resident physician under
5 this section may in the normal course of his or her employment
6 prescribe medicinal drugs described in schedules set out in
7 chapter 893 when:
8 (a) The person prescribes such medicinal drugs through
9 use of a Drug Enforcement Administration number issued to the
10 hospital or teaching hospital by which the person is employed
11 or at which the person's services are used;
12 (b) The person is identified by a discrete suffix to
13 the identification number issued to such the hospital; and
14 (c) The use of the institutional identification number
15 and individual suffixes conforms to the requirements of the
16 federal Drug Enforcement Administration.
17 Section 27. Paragraph (d) is added to subsection (9)
18 of section 458.347, Florida Statutes, to read:
19 458.347 Physician assistants.--
20 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
21 Physician Assistants is created within the department.
22 (a) The council shall consist of five members
23 appointed as follows:
24 1. The chairperson of the Board of Medicine shall
25 appoint three members who are physicians and members of the
26 Board of Medicine. One of the physicians must supervise a
27 physician assistant in the physician's practice.
28 2. The chairperson of the Board of Osteopathic
29 Medicine shall appoint one member who is a physician and a
30 member of the Board of Osteopathic Medicine.
31
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HB 1625, Second Engrossed
1 3. The secretary of the department or his or her
2 designee shall appoint a fully licensed physician assistant
3 licensed under this chapter or chapter 459.
4 (b) Two of the members appointed to the council must
5 be physicians who supervise physician assistants in their
6 practice. Members shall be appointed to terms of 4 years,
7 except that of the initial appointments, two members shall be
8 appointed to terms of 2 years, two members shall be appointed
9 to terms of 3 years, and one member shall be appointed to a
10 term of 4 years, as established by rule of the boards.
11 Council members may not serve more than two consecutive terms.
12 The council shall annually elect a chairperson from among its
13 members.
14 (c) The council shall:
15 1. Recommend to the department the licensure of
16 physician assistants.
17 2. Develop all rules regulating the use of physician
18 assistants by physicians under this chapter and chapter 459,
19 except for rules relating to the formulary developed under
20 paragraph (4)(f). The council shall also develop rules to
21 ensure that the continuity of supervision is maintained in
22 each practice setting. The boards shall consider adopting a
23 proposed rule developed by the council at the regularly
24 scheduled meeting immediately following the submission of the
25 proposed rule by the council. A proposed rule submitted by
26 the council may not be adopted by either board unless both
27 boards have accepted and approved the identical language
28 contained in the proposed rule. The language of all proposed
29 rules submitted by the council must be approved by both boards
30 pursuant to each respective board's guidelines and standards
31 regarding the adoption of proposed rules. If either board
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1 rejects the council's proposed rule, that board must specify
2 its objection to the council with particularity and include
3 any recommendations it may have for the modification of the
4 proposed rule.
5 3. Make recommendations to the boards regarding all
6 matters relating to physician assistants.
7 4. Address concerns and problems of practicing
8 physician assistants in order to improve safety in the
9 clinical practices of licensed physician assistants.
10 (d) When the Council finds that an applicant for
11 licensure has failed to meet, to the Council's satisfaction,
12 each of the requirements for licensure set forth in this
13 section, the Council may enter an order to:
14 1. Refuse to certify the applicant for licensure;
15 2. Approve the applicant for licensure with
16 restrictions on the scope of practice or license; or
17 3. Approve the applicant for conditional licensure.
18 Such conditions may include placement of the licensee on
19 probation for a period of time and subject to such conditions
20 as the Council may specify, including but not limited to,
21 requiring the licensee to undergo treatment, to attend
22 continuing education courses, to work under the direct
23 supervision of a physician licensed in this state, or to take
24 corrective action.
25 Section 28. Paragraph (d) is added to subsection (9)
26 of section 459.022, Florida Statutes, to read:
27 459.022 Physician assistants.--
28 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
29 Physician Assistants is created within the department.
30 (a) The council shall consist of five members
31 appointed as follows:
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HB 1625, Second Engrossed
1 1. The chairperson of the Board of Medicine shall
2 appoint three members who are physicians and members of the
3 Board of Medicine. One of the physicians must supervise a
4 physician assistant in the physician's practice.
5 2. The chairperson of the Board of Osteopathic
6 Medicine shall appoint one member who is a physician and a
7 member of the Board of Osteopathic Medicine.
8 3. The secretary of the department or her or his
9 designee shall appoint a fully licensed physician assistant
10 licensed under chapter 458 or this chapter.
11 (b) Two of the members appointed to the council must
12 be physicians who supervise physician assistants in their
13 practice. Members shall be appointed to terms of 4 years,
14 except that of the initial appointments, two members shall be
15 appointed to terms of 2 years, two members shall be appointed
16 to terms of 3 years, and one member shall be appointed to a
17 term of 4 years, as established by rule of the boards.
18 Council members may not serve more than two consecutive terms.
19 The council shall annually elect a chairperson from among its
20 members.
21 (c) The council shall:
22 1. Recommend to the department the licensure of
23 physician assistants.
24 2. Develop all rules regulating the use of physician
25 assistants by physicians under chapter 458 and this chapter,
26 except for rules relating to the formulary developed under s.
27 458.347(4)(f). The council shall also develop rules to ensure
28 that the continuity of supervision is maintained in each
29 practice setting. The boards shall consider adopting a
30 proposed rule developed by the council at the regularly
31 scheduled meeting immediately following the submission of the
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HB 1625, Second Engrossed
1 proposed rule by the council. A proposed rule submitted by
2 the council may not be adopted by either board unless both
3 boards have accepted and approved the identical language
4 contained in the proposed rule. The language of all proposed
5 rules submitted by the council must be approved by both boards
6 pursuant to each respective board's guidelines and standards
7 regarding the adoption of proposed rules. If either board
8 rejects the council's proposed rule, that board must specify
9 its objection to the council with particularity and include
10 any recommendations it may have for the modification of the
11 proposed rule.
12 3. Make recommendations to the boards regarding all
13 matters relating to physician assistants.
14 4. Address concerns and problems of practicing
15 physician assistants in order to improve safety in the
16 clinical practices of licensed physician assistants.
17 (d) When the Council finds that an applicant for
18 licensure has failed to meet, to the Council's satisfaction,
19 each of the requirements for licensure set forth in this
20 section, the Council may enter an order to:
21 1. Refuse to certify the applicant for licensure;
22 2. Approve the applicant for licensure with
23 restrictions on the scope of practice or license; or
24 3. Approve the applicant for conditional licensure.
25 Such conditions may include placement of the licensee on
26 probation for a period of time and subject to such conditions
27 as the Council may specify, including but not limited to,
28 requiring the licensee to undergo treatment, to attend
29 continuing education courses, to work under the direct
30 supervision of a physician licensed in this state, or to take
31 corrective action.
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HB 1625, Second Engrossed
1 Section 29. The amendment of s. 455.637, Florida
2 Statutes, by this act applies to offenses committed on or
3 after the effective date of such section.
4 Section 30. Section 455.641, Florida Statutes, is
5 repealed.
6 Section 31. For the purpose of incorporating the
7 amendment to section 455.637, Florida Statutes, in references
8 thereto, the sections or subdivisions of Florida Statutes set
9 forth below are reenacted to read:
10 455.574 Department of Health; examinations.--
11 (1)
12 (d) Each board, or the department when there is no
13 board, shall adopt rules regarding the security and monitoring
14 of examinations. The department shall implement those rules
15 adopted by the respective boards. In order to maintain the
16 security of examinations, the department may employ the
17 procedures set forth in s. 455.637 to seek fines and
18 injunctive relief against an examinee who violates the
19 provisions of s. 455.577 or the rules adopted pursuant to this
20 paragraph. The department, or any agent thereof, may, for the
21 purposes of investigation, confiscate any written,
22 photographic, or recording material or device in the
23 possession of the examinee at the examination site which the
24 department deems necessary to enforce such provisions or
25 rules.
26 468.1295 Disciplinary proceedings.--
27 (1) The following acts constitute grounds for both
28 disciplinary actions as set forth in subsection (2) and cease
29 and desist or other related actions by the department as set
30 forth in s. 455.637:
31
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1 (a) Procuring or attempting to procure a license by
2 bribery, by fraudulent misrepresentation, or through an error
3 of the department or the board.
4 (b) Having a license revoked, suspended, or otherwise
5 acted against, including denial of licensure, by the licensing
6 authority of another state, territory, or country.
7 (c) Being convicted or found guilty of, or entering a
8 plea of nolo contendere to, regardless of adjudication, a
9 crime in any jurisdiction which directly relates to the
10 practice of speech-language pathology or audiology.
11 (d) Making or filing a report or record which the
12 licensee knows to be false, intentionally or negligently
13 failing to file a report or records required by state or
14 federal law, willfully impeding or obstructing such filing, or
15 inducing another person to impede or obstruct such filing.
16 Such report or record shall include only those reports or
17 records which are signed in one's capacity as a licensed
18 speech-language pathologist or audiologist.
19 (e) Advertising goods or services in a manner which is
20 fraudulent, false, deceptive, or misleading in form or
21 content.
22 (f) Being proven guilty of fraud or deceit or of
23 negligence, incompetency, or misconduct in the practice of
24 speech-language pathology or audiology.
25 (g) Violating a lawful order of the board or
26 department previously entered in a disciplinary hearing, or
27 failing to comply with a lawfully issued subpoena of the board
28 or department.
29 (h) Practicing with a revoked, suspended, inactive, or
30 delinquent license.
31
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HB 1625, Second Engrossed
1 (i) Using, or causing or promoting the use of, any
2 advertising matter, promotional literature, testimonial,
3 guarantee, warranty, label, brand, insignia, or other
4 representation, however disseminated or published, which is
5 misleading, deceiving, or untruthful.
6 (j) Showing or demonstrating or, in the event of sale,
7 delivery of a product unusable or impractical for the purpose
8 represented or implied by such action.
9 (k) Failing to submit to the board on an annual basis,
10 or such other basis as may be provided by rule, certification
11 of testing and calibration of such equipment as designated by
12 the board and on the form approved by the board.
13 (l) Aiding, assisting, procuring, employing, or
14 advising any licensee or business entity to practice
15 speech-language pathology or audiology contrary to this part,
16 part II of chapter 455, or any rule adopted pursuant thereto.
17 (m) Violating any provision of this part or part II of
18 chapter 455 or any rule adopted pursuant thereto.
19 (n) Misrepresenting the professional services
20 available in the fitting, sale, adjustment, service, or repair
21 of a hearing aid, or using any other term or title which might
22 connote the availability of professional services when such
23 use is not accurate.
24 (o) Representing, advertising, or implying that a
25 hearing aid or its repair is guaranteed without providing full
26 disclosure of the identity of the guarantor; the nature,
27 extent, and duration of the guarantee; and the existence of
28 conditions or limitations imposed upon the guarantee.
29 (p) Representing, directly or by implication, that a
30 hearing aid utilizing bone conduction has certain specified
31 features, such as the absence of anything in the ear or
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HB 1625, Second Engrossed
1 leading to the ear, or the like, without disclosing clearly
2 and conspicuously that the instrument operates on the bone
3 conduction principle and that in many cases of hearing loss
4 this type of instrument may not be suitable.
5 (q) Stating or implying that the use of any hearing
6 aid will improve or preserve hearing or prevent or retard the
7 progression of a hearing impairment or that it will have any
8 similar or opposite effect.
9 (r) Making any statement regarding the cure of the
10 cause of a hearing impairment by the use of a hearing aid.
11 (s) Representing or implying that a hearing aid is or
12 will be "custom-made," "made to order," or
13 "prescription-made," or in any other sense specially
14 fabricated for an individual, when such is not the case.
15 (t) Canvassing from house to house or by telephone,
16 either in person or by an agent, for the purpose of selling a
17 hearing aid, except that contacting persons who have evidenced
18 an interest in hearing aids, or have been referred as in need
19 of hearing aids, shall not be considered canvassing.
20 (u) Failing to notify the department in writing of a
21 change in current mailing and place-of-practice address within
22 30 days after such change.
23 (v) Failing to provide all information as described in
24 ss. 468.1225(5)(b), 468.1245(1), and 468.1246.
25 (w) Exercising influence on a client in such a manner
26 as to exploit the client for financial gain of the licensee or
27 of a third party.
28 (x) Practicing or offering to practice beyond the
29 scope permitted by law or accepting and performing
30 professional responsibilities the licensee or
31
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HB 1625, Second Engrossed
1 certificateholder knows, or has reason to know, the licensee
2 or certificateholder is not competent to perform.
3 (y) Aiding, assisting, procuring, or employing any
4 unlicensed person to practice speech-language pathology or
5 audiology.
6 (z) Delegating or contracting for the performance of
7 professional responsibilities by a person when the licensee
8 delegating or contracting for performance of such
9 responsibilities knows, or has reason to know, such person is
10 not qualified by training, experience, and authorization to
11 perform them.
12 (aa) Committing any act upon a patient or client which
13 would constitute sexual battery or which would constitute
14 sexual misconduct as defined pursuant to s. 468.1296.
15 (bb) Being unable to practice the profession for which
16 he or she is licensed or certified under this chapter with
17 reasonable skill or competence as a result of any mental or
18 physical condition or by reason of illness, drunkenness, or
19 use of drugs, narcotics, chemicals, or any other substance. In
20 enforcing this paragraph, upon a finding by the secretary, his
21 or her designee, or the board that probable cause exists to
22 believe that the licensee or certificateholder is unable to
23 practice the profession because of the reasons stated in this
24 paragraph, the department shall have the authority to compel a
25 licensee or certificateholder to submit to a mental or
26 physical examination by a physician, psychologist, clinical
27 social worker, marriage and family therapist, or mental health
28 counselor designated by the department or board. If the
29 licensee or certificateholder refuses to comply with the
30 department's order directing the examination, such order may
31 be enforced by filing a petition for enforcement in the
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HB 1625, Second Engrossed
1 circuit court in the circuit in which the licensee or
2 certificateholder resides or does business. The department
3 shall be entitled to the summary procedure provided in s.
4 51.011. A licensee or certificateholder affected under this
5 paragraph shall at reasonable intervals be afforded an
6 opportunity to demonstrate that he or she can resume the
7 competent practice for which he or she is licensed or
8 certified with reasonable skill and safety to patients.
9 484.014 Disciplinary actions.--
10 (1) The following acts relating to the practice of
11 opticianry shall be grounds for both disciplinary action
12 against an optician as set forth in this section and cease and
13 desist or other related action by the department as set forth
14 in s. 455.637 against any person operating an optical
15 establishment who engages in, aids, or abets any such
16 violation:
17 (a) Procuring or attempting to procure a license by
18 misrepresentation, bribery, or fraud or through an error of
19 the department or the board.
20 (b) Procuring or attempting to procure a license for
21 any other person by making or causing to be made any false
22 representation.
23 (c) Making or filing a report or record which the
24 licensee knows to be false, intentionally or negligently
25 failing to file a report or record required by federal or
26 state law, willfully impeding or obstructing such filing, or
27 inducing another person to do so. Such reports or records
28 shall include only those which the person is required to make
29 or file as an optician.
30
31
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HB 1625, Second Engrossed
1 (d) Failing to make fee or price information readily
2 available by providing such information upon request or upon
3 the presentation of a prescription.
4 (e) Advertising goods or services in a manner which is
5 fraudulent, false, deceptive, or misleading in form or
6 content.
7 (f) Fraud or deceit, or negligence, incompetency, or
8 misconduct, in the authorized practice of opticianry.
9 (g) Violation or repeated violation of this part or of
10 part II of chapter 455 or any rules promulgated pursuant
11 thereto.
12 (h) Practicing with a revoked, suspended, inactive, or
13 delinquent license.
14 (i) Violation of a lawful order of the board or
15 department previously entered in a disciplinary hearing or
16 failing to comply with a lawfully issued subpoena of the
17 department.
18 (j) Violation of any provision of s. 484.012.
19 (k) Conspiring with another licensee or with any
20 person to commit an act, or committing an act, which would
21 coerce, intimidate, or preclude another licensee from lawfully
22 advertising her or his services.
23 (l) Willfully submitting to any third-party payor a
24 claim for services which were not provided to a patient.
25 (m) Failing to keep written prescription files.
26 (n) Willfully failing to report any person who the
27 licensee knows is in violation of this part or of rules of the
28 department or the board.
29 (o) Exercising influence on a client in such a manner
30 as to exploit the client for financial gain of the licensee or
31 of a third party.
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HB 1625, Second Engrossed
1 (p) Gross or repeated malpractice.
2 (q) Permitting any person not licensed as an optician
3 in this state to fit or dispense any lenses, spectacles,
4 eyeglasses, or other optical devices which are part of the
5 practice of opticianry.
6 (r) Being convicted or found guilty of, or entering a
7 plea of nolo contendere to, regardless of adjudication, in a
8 court of this state or other jurisdiction, a crime which
9 relates to the ability to practice opticianry or to the
10 practice of opticianry.
11 (s) Having been disciplined by a regulatory agency in
12 another state for any offense that would constitute a
13 violation of Florida law or rules regulating opticianry.
14 (t) Being unable to practice opticianry with
15 reasonable skill and safety by reason of illness or use of
16 drugs, narcotics, chemicals, or any other type of material or
17 as a result of any mental or physical condition. An optician
18 affected under this paragraph shall at reasonable intervals be
19 afforded an opportunity to demonstrate that she or he can
20 resume the competent practice of opticianry with reasonable
21 skill and safety to her or his customers.
22 484.056 Disciplinary proceedings.--
23 (1) The following acts relating to the practice of
24 dispensing hearing aids shall be grounds for both disciplinary
25 action against a hearing aid specialist as set forth in this
26 section and cease and desist or other related action by the
27 department as set forth in s. 455.637 against any person
28 owning or operating a hearing aid establishment who engages
29 in, aids, or abets any such violation:
30 (a) Violation of any provision of s. 455.624(1), s.
31 484.0512, or s. 484.053.
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HB 1625, Second Engrossed
1 (b) Attempting to procure a license to dispense
2 hearing aids by bribery, by fraudulent misrepresentations, or
3 through an error of the department or the board.
4 (c) Having a license to dispense hearing aids revoked,
5 suspended, or otherwise acted against, including the denial of
6 licensure, by the licensing authority of another state,
7 territory, or country.
8 (d) Being convicted or found guilty of, or entering a
9 plea of nolo contendere to, regardless of adjudication, a
10 crime in any jurisdiction which directly relates to the
11 practice of dispensing hearing aids or the ability to practice
12 dispensing hearing aids, including violations of any federal
13 laws or regulations regarding hearing aids.
14 (e) Making or filing a report or record which the
15 licensee knows to be false, intentionally or negligently
16 failing to file a report or record required by state or
17 federal law, willfully impeding or obstructing such filing, or
18 inducing another person to impede or obstruct such filing.
19 Such reports or records shall include only those reports or
20 records which are signed in one's capacity as a licensed
21 hearing aid specialist.
22 (f) Advertising goods or services in a manner which is
23 fraudulent, false, deceptive, or misleading in form or
24 content.
25 (g) Proof that the licensee is guilty of fraud or
26 deceit or of negligence, incompetency, or misconduct in the
27 practice of dispensing hearing aids.
28 (h) Violation or repeated violation of this part or of
29 part II of chapter 455, or any rules promulgated pursuant
30 thereto.
31
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HB 1625, Second Engrossed
1 (i) Violation of a lawful order of the board or
2 department previously entered in a disciplinary hearing or
3 failure to comply with a lawfully issued subpoena of the board
4 or department.
5 (j) Practicing with a revoked, suspended, inactive, or
6 delinquent license.
7 (k) Using, or causing or promoting the use of, any
8 advertising matter, promotional literature, testimonial,
9 guarantee, warranty, label, brand, insignia, or other
10 representation, however disseminated or published, which is
11 misleading, deceiving, or untruthful.
12 (l) Showing or demonstrating, or, in the event of
13 sale, delivery of, a product unusable or impractical for the
14 purpose represented or implied by such action.
15 (m) Misrepresentation of professional services
16 available in the fitting, sale, adjustment, service, or repair
17 of a hearing aid, or use of the terms "doctor," "clinic,"
18 "clinical," "medical audiologist," "clinical audiologist,"
19 "research audiologist," or "audiologic" or any other term or
20 title which might connote the availability of professional
21 services when such use is not accurate.
22 (n) Representation, advertisement, or implication that
23 a hearing aid or its repair is guaranteed without providing
24 full disclosure of the identity of the guarantor; the nature,
25 extent, and duration of the guarantee; and the existence of
26 conditions or limitations imposed upon the guarantee.
27 (o) Representing, directly or by implication, that a
28 hearing aid utilizing bone conduction has certain specified
29 features, such as the absence of anything in the ear or
30 leading to the ear, or the like, without disclosing clearly
31 and conspicuously that the instrument operates on the bone
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HB 1625, Second Engrossed
1 conduction principle and that in many cases of hearing loss
2 this type of instrument may not be suitable.
3 (p) Making any predictions or prognostications as to
4 the future course of a hearing impairment, either in general
5 terms or with reference to an individual person.
6 (q) Stating or implying that the use of any hearing
7 aid will improve or preserve hearing or prevent or retard the
8 progression of a hearing impairment or that it will have any
9 similar or opposite effect.
10 (r) Making any statement regarding the cure of the
11 cause of a hearing impairment by the use of a hearing aid.
12 (s) Representing or implying that a hearing aid is or
13 will be "custom-made," "made to order," or "prescription-made"
14 or in any other sense specially fabricated for an individual
15 person when such is not the case.
16 (t) Canvassing from house to house or by telephone
17 either in person or by an agent for the purpose of selling a
18 hearing aid, except that contacting persons who have evidenced
19 an interest in hearing aids, or have been referred as in need
20 of hearing aids, shall not be considered canvassing.
21 (u) Failure to submit to the board on an annual basis,
22 or such other basis as may be provided by rule, certification
23 of testing and calibration of audiometric testing equipment on
24 the form approved by the board.
25 (v) Failing to provide all information as described in
26 s. 484.051(1).
27 (w) Exercising influence on a client in such a manner
28 as to exploit the client for financial gain of the licensee or
29 of a third party.
30 Section 32. Paragraphs (a) and (g) of subsection (3)
31 of section 921.0022, Florida Statutes, are amended to read:
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HB 1625, Second Engrossed
1 921.0022 Criminal Punishment Code; offense severity
2 ranking chart.--
3 (3) OFFENSE SEVERITY RANKING CHART
4
5 Florida Felony
6 Statute Degree Description
7
8 (a) LEVEL 1
9 24.118(3)(a) 3rd Counterfeit or altered state
10 lottery ticket.
11 212.054(2)(b) 3rd Discretionary sales surtax;
12 limitations, administration, and
13 collection.
14 212.15(2)(b) 3rd Failure to remit sales taxes,
15 amount greater than $300 but less
16 than $20,000.
17 319.30(5) 3rd Sell, exchange, give away
18 certificate of title or
19 identification number plate.
20 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
21 odometer.
22 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
23 registration license plates or
24 validation stickers.
25 322.212(1) 3rd Possession of forged, stolen,
26 counterfeit, or unlawfully issued
27 driver's license; possession of
28 simulated identification.
29 322.212(4) 3rd Supply or aid in supplying
30 unauthorized driver's license or
31 identification card.
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HB 1625, Second Engrossed
1 322.212(5)(a) 3rd False application for driver's
2 license or identification card.
3 370.13(3)(a) 3rd Molest any stone crab trap, line,
4 or buoy which is property of
5 licenseholder.
6 370.135(1) 3rd Molest any blue crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 372.663(1) 3rd Poach any alligator or
10 crocodilia.
11 414.39(2) 3rd Unauthorized use, possession,
12 forgery, or alteration of food
13 stamps, Medicaid ID, value
14 greater than $200.
15 414.39(3)(a) 3rd Fraudulent misappropriation of
16 public assistance funds by
17 employee/official, value more
18 than $200.
19 443.071(1) 3rd False statement or representation
20 to obtain or increase
21 unemployment compensation
22 benefits.
23 458.327(1)(a) 3rd Unlicensed practice of medicine.
24 466.026(1)(a) 3rd Unlicensed practice of dentistry
25 or dental hygiene.
26 509.151(1) 3rd Defraud an innkeeper, food or
27 lodging value greater than $300.
28 517.302(1) 3rd Violation of the Florida
29 Securities and Investor
30 Protection Act.
31 562.27(1) 3rd Possess still or still apparatus.
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HB 1625, Second Engrossed
1 713.69 3rd Tenant removes property upon
2 which lien has accrued, value
3 more than $50.
4 812.014(3)(c) 3rd Petit theft (3rd conviction);
5 theft of any property not
6 specified in subsection (2).
7 812.081(2) 3rd Unlawfully makes or causes to be
8 made a reproduction of a trade
9 secret.
10 815.04(4)(a) 3rd Offense against intellectual
11 property (i.e., computer
12 programs, data).
13 817.52(2) 3rd Hiring with intent to defraud,
14 motor vehicle services.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b)&(4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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HB 1625, Second Engrossed
1 838.015(3) 3rd Bribery.
2 838.016(1) 3rd Public servant receiving unlawful
3 compensation.
4 838.15(2) 3rd Commercial bribe receiving.
5 838.16 3rd Commercial bribery.
6 843.18 3rd Fleeing by boat to elude a law
7 enforcement officer.
8 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
9 lewd, etc., material (2nd
10 conviction).
11 849.01 3rd Keeping gambling house.
12 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
13 or assist therein, conduct or
14 advertise drawing for prizes, or
15 dispose of property or money by
16 means of lottery.
17 849.23 3rd Gambling-related machines;
18 "common offender" as to property
19 rights.
20 849.25(2) 3rd Engaging in bookmaking.
21 860.08 3rd Interfere with a railroad signal.
22 860.13(1)(a) 3rd Operate aircraft while under the
23 influence.
24 893.13(2)(a)2. 3rd Purchase of cannabis.
25 893.13(6)(a) 3rd Possession of cannabis (more than
26 20 grams).
27 893.13(7)(a)10. 3rd Affix false or forged label to
28 package of controlled substance.
29 934.03(1)(a) 3rd Intercepts, or procures any other
30 person to intercept, any wire or
31 oral communication.
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HB 1625, Second Engrossed
1 (g) LEVEL 7
2 316.193(3)(c)2. 3rd DUI resulting in serious bodily
3 injury.
4 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
5 bodily injury.
6 402.319(2) 2nd Misrepresentation and negligence
7 or intentional act resulting in
8 great bodily harm, permanent
9 disfiguration, permanent
10 disability, or death.
11 409.920(2) 3rd Medicaid provider fraud.
12 455.637(2) 3rd Practicing a health care
13 profession without a license.
14 455.637(2) 2nd Practicing a health care
15 profession without a license
16 which results in serious bodily
17 injury.
18 458.327(1) 3rd Practicing medicine without a
19 license.
20 459.013(1) 3rd Practicing osteopathic medicine
21 without a license.
22 460.411(1) 3rd Practicing chiropractic medicine
23 without a license.
24 461.012(1) 3rd Practicing podiatric medicine
25 without a license.
26 462.17 3rd Practicing naturopathy without a
27 license.
28 463.015(1) 3rd Practicing optometry without a
29 license.
30 464.016(1) 3rd Practicing nursing without a
31 license.
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HB 1625, Second Engrossed
1 465.015(2) 3rd Practicing pharmacy without a
2 license.
3 466.026(1) 3rd Practicing dentistry or dental
4 hygiene without a license.
5 467.201 3rd Practicing midwifery without a
6 license.
7 468.366 3rd Delivering respiratory care
8 services without a license.
9 483.828(1) 3rd Practicing as clinical laboratory
10 personnel without a license.
11 483.901(9) 3rd Practicing medical physics
12 without a license.
13 484.053 3rd Dispensing hearing aids without a
14 license.
15 494.0018(2) 1st Conviction of any violation of
16 ss. 494.001-494.0077 in which the
17 total money and property
18 unlawfully obtained exceeded
19 $50,000 and there were five or
20 more victims.
21 782.051(3) 2nd Attempted felony murder of a
22 person by a person other than the
23 perpetrator or the perpetrator of
24 an attempted felony.
25 782.07(1) 2nd Killing of a human being by the
26 act, procurement, or culpable
27 negligence of another
28 (manslaughter).
29
30
31
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HB 1625, Second Engrossed
1 782.071 2nd Killing of human being or viable
2 fetus by the operation of a motor
3 vehicle in a reckless manner
4 (vehicular homicide).
5 782.072 2nd Killing of a human being by the
6 operation of a vessel in a
7 reckless manner (vessel
8 homicide).
9 784.045(1)(a)1. 2nd Aggravated battery; intentionally
10 causing great bodily harm or
11 disfigurement.
12 784.045(1)(a)2. 2nd Aggravated battery; using deadly
13 weapon.
14 784.045(1)(b) 2nd Aggravated battery; perpetrator
15 aware victim pregnant.
16 784.048(4) 3rd Aggravated stalking; violation of
17 injunction or court order.
18 784.07(2)(d) 1st Aggravated battery on law
19 enforcement officer.
20 784.08(2)(a) 1st Aggravated battery on a person 65
21 years of age or older.
22 784.081(1) 1st Aggravated battery on specified
23 official or employee.
24 784.082(1) 1st Aggravated battery by detained
25 person on visitor or other
26 detainee.
27 784.083(1) 1st Aggravated battery on code
28 inspector.
29 790.07(4) 1st Specified weapons violation
30 subsequent to previous conviction
31 of s. 790.07(1) or (2).
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1 790.16(1) 1st Discharge of a machine gun under
2 specified circumstances.
3 796.03 2nd Procuring any person under 16
4 years for prostitution.
5 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
6 victim less than 12 years of age;
7 offender less than 18 years.
8 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
9 victim 12 years of age or older
10 but less than 16 years; offender
11 18 years or older.
12 806.01(2) 2nd Maliciously damage structure by
13 fire or explosive.
14 810.02(3)(a) 2nd Burglary of occupied dwelling;
15 unarmed; no assault or battery.
16 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
17 unarmed; no assault or battery.
18 810.02(3)(d) 2nd Burglary of occupied conveyance;
19 unarmed; no assault or battery.
20 812.014(2)(a) 1st Property stolen, valued at
21 $100,000 or more; property stolen
22 while causing other property
23 damage; 1st degree grand theft.
24 812.019(2) 1st Stolen property; initiates,
25 organizes, plans, etc., the theft
26 of property and traffics in
27 stolen property.
28 812.131(2)(a) 2nd Robbery by sudden snatching.
29 812.133(2)(b) 1st Carjacking; no firearm, deadly
30 weapon, or other weapon.
31
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HB 1625, Second Engrossed
1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(3) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 837.05(2) 3rd Giving false information about
19 alleged capital felony to a law
20 enforcement officer.
21 872.06 2nd Abuse of a dead human body.
22 893.13(1)(c)1. 1st Sell, manufacture, or deliver
23 cocaine (or other drug prohibited
24 under s. 893.03(1)(a), (1)(b),
25 (1)(d), (2)(a), or (2)(b)) within
26 1,000 feet of a child care
27 facility or school.
28
29
30
31
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HB 1625, Second Engrossed
1 893.13(1)(e) 1st Sell, manufacture, or deliver
2 cocaine or other drug prohibited
3 under s. 893.03(1)(a), (1)(b),
4 (1)(d), (2)(a), or (2)(b), within
5 1,000 feet of property used for
6 religious services or a specified
7 business site.
8 893.13(4)(a) 1st Deliver to minor cocaine (or
9 other s. 893.03(1)(a), (1)(b),
10 (1)(d), (2)(a), or (2)(b) drugs).
11 893.135(1)(a)1. 1st Trafficking in cannabis, more
12 than 50 lbs., less than 2,000
13 lbs.
14 893.135
15 (1)(b)1.a. 1st Trafficking in cocaine, more than
16 28 grams, less than 200 grams.
17 893.135
18 (1)(c)1.a. 1st Trafficking in illegal drugs,
19 more than 4 grams, less than 14
20 grams.
21 893.135
22 (1)(d)1. 1st Trafficking in phencyclidine,
23 more than 28 grams, less than 200
24 grams.
25 893.135(1)(e)1. 1st Trafficking in methaqualone, more
26 than 200 grams, less than 5
27 kilograms.
28 893.135(1)(f)1. 1st Trafficking in amphetamine, more
29 than 14 grams, less than 28
30 grams.
31
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HB 1625, Second Engrossed
1 893.135
2 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
3 grams or more, less than 14
4 grams.
5 Section 33. Subsection (1) of section 458.327, Florida
6 Statutes, reads:
7 458.327 Penalty for violations.--
8 (1) Each of the following acts constitutes a felony of
9 the third degree, punishable as provided in s. 775.082, s.
10 775.083, or s. 775.084:
11 (a) The practice of medicine or an attempt to practice
12 medicine without a license to practice in Florida.
13 (b) The use or attempted use of a license which is
14 suspended or revoked to practice medicine.
15 (c) Attempting to obtain or obtaining a license to
16 practice medicine by knowing misrepresentation.
17 (d) Attempting to obtain or obtaining a position as a
18 medical practitioner or medical resident in a clinic or
19 hospital through knowing misrepresentation of education,
20 training, or experience.
21 Section 34. Subsection (1) of section 459.013, Florida
22 Statutes, reads:
23 459.013 Penalty for violations.--
24 (1) Each of the following acts constitutes a felony of
25 the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084:
27 (a) The practice of osteopathic medicine, or an
28 attempt to practice osteopathic medicine, without an active
29 license or certificate issued pursuant to this chapter.
30 (b) The practice of osteopathic medicine by a person
31 holding a limited license, osteopathic faculty certificate, or
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HB 1625, Second Engrossed
1 other certificate issued under this chapter beyond the scope
2 of practice authorized for such licensee or certificateholder.
3 (c) Attempting to obtain or obtaining a license to
4 practice osteopathic medicine by knowing misrepresentation.
5 (d) Attempting to obtain or obtaining a position as an
6 osteopathic medical practitioner or osteopathic medical
7 resident in a clinic or hospital through knowing
8 misrepresentation of education, training, or experience.
9 Section 35. Subsection (1) of section 460.411, Florida
10 Statutes, reads:
11 460.411 Violations and penalties.--
12 (1) Each of the following acts constitutes a violation
13 of this chapter and is a felony of the third degree,
14 punishable as provided in s. 775.082, s. 775.083, or s.
15 775.084:
16 (a) Practicing or attempting to practice chiropractic
17 medicine without an active license or with a license
18 fraudulently obtained.
19 (b) Using or attempting to use a license to practice
20 chiropractic medicine which has been suspended or revoked.
21 Section 36. Subsection (1) of section 461.012, Florida
22 Statutes, reads:
23 461.012 Violations and penalties.--
24 (1) Each of the following acts constitutes a violation
25 of this chapter and is a felony of the third degree,
26 punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084:
28 (a) Practicing or attempting to practice podiatric
29 medicine without an active license or with a license
30 fraudulently obtained.
31
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HB 1625, Second Engrossed
1 (b) Advertising podiatric services without an active
2 license obtained pursuant to this chapter or with a license
3 fraudulently obtained.
4 (c) Using or attempting to use a license to practice
5 podiatric medicine which has been suspended or revoked.
6 Section 37. Section 462.17, Florida Statutes, reads:
7 462.17 Penalty for offenses relating to
8 naturopathy.--Any person who shall:
9 (1) Sell, fraudulently obtain, or furnish any
10 naturopathic diploma, license, record, or registration or aid
11 or abet in the same;
12 (2) Practice naturopathy under the cover of any
13 diploma, license, record, or registration illegally or
14 fraudulently obtained or secured or issued unlawfully or upon
15 fraudulent representations;
16 (3) Advertise to practice naturopathy under a name
17 other than her or his own or under an assumed name;
18 (4) Falsely impersonate another practitioner of a like
19 or different name;
20 (5) Practice or advertise to practice naturopathy or
21 use in connection with her or his name any designation tending
22 to imply or to designate the person as a practitioner of
23 naturopathy without then being lawfully licensed and
24 authorized to practice naturopathy in this state; or
25 (6) Practice naturopathy during the time her or his
26 license is suspended or revoked
27
28 shall be guilty of a felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084.
30 Section 38. Subsection (1) of section 463.015, Florida
31 Statutes, reads:
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HB 1625, Second Engrossed
1 463.015 Violations and penalties.--
2 (1) Each of the following acts constitutes a felony of
3 the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084:
5 (a) Practicing or attempting to practice optometry
6 without a valid active license issued pursuant to this
7 chapter.
8 (b) Attempting to obtain or obtaining a license to
9 practice optometry by fraudulent misrepresentation.
10 (c) Using or attempting to use a license to practice
11 optometry which has been suspended or revoked.
12 Section 39. Subsection (1) of section 464.016, Florida
13 Statutes, reads:
14 464.016 Violations and penalties.--
15 (1) Each of the following acts constitutes a felony of
16 the third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084:
18 (a) Practicing advanced or specialized, professional
19 or practical nursing, as defined in this chapter, unless
20 holding an active license or certificate to do so.
21 (b) Using or attempting to use a license or
22 certificate which has been suspended or revoked.
23 (c) Knowingly employing unlicensed persons in the
24 practice of nursing.
25 (d) Obtaining or attempting to obtain a license or
26 certificate under this chapter by misleading statements or
27 knowing misrepresentation.
28 Section 40. Subsection (2) of section 465.015, Florida
29 Statutes, reads:
30 465.015 Violations and penalties.--
31 (2) It is unlawful for any person:
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HB 1625, Second Engrossed
1 (a) To make a false or fraudulent statement, either
2 for herself or himself or for another person, in any
3 application, affidavit, or statement presented to the board or
4 in any proceeding before the board.
5 (b) To fill, compound, or dispense prescriptions or to
6 dispense medicinal drugs if such person does not hold an
7 active license as a pharmacist in this state, is not
8 registered as an intern in this state, or is an intern not
9 acting under the direct and immediate personal supervision of
10 a licensed pharmacist.
11 (c) To sell or dispense drugs as defined in s.
12 465.003(8) without first being furnished with a prescription.
13 (d) To sell samples or complimentary packages of drug
14 products.
15 Section 41. Subsection (1) of section 466.026, Florida
16 Statutes, reads:
17 466.026 Prohibitions; penalties.--
18 (1) Each of the following acts constitutes a felony of
19 the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084:
21 (a) Practicing dentistry or dental hygiene unless the
22 person has an appropriate, active license issued by the
23 department pursuant to this chapter.
24 (b) Using or attempting to use a license issued
25 pursuant to this chapter which license has been suspended or
26 revoked.
27 (c) Knowingly employing any person to perform duties
28 outside the scope allowed such person under this chapter or
29 the rules of the board.
30 (d) Giving false or forged evidence to the department
31 or board for the purpose of obtaining a license.
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HB 1625, Second Engrossed
1 (e) Selling or offering to sell a diploma conferring a
2 degree from a dental college or dental hygiene school or
3 college, or a license issued pursuant to this chapter, or
4 procuring such diploma or license with intent that it shall be
5 used as evidence of that which the document stands for, by a
6 person other than the one upon whom it was conferred or to
7 whom it was granted.
8 Section 42. Section 467.201, Florida Statutes, reads:
9 467.201 Violations and penalties.--Each of the
10 following acts constitutes a felony of the third degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084:
13 (1) Practicing midwifery, unless holding an active
14 license to do so.
15 (2) Using or attempting to use a license which has
16 been suspended or revoked.
17 (3) The willful practice of midwifery by a student
18 midwife without a preceptor present, except in an emergency.
19 (4) Knowingly allowing a student midwife to practice
20 midwifery without a preceptor present, except in an emergency.
21 (5) Obtaining or attempting to obtain a license under
22 this chapter through bribery or fraudulent misrepresentation.
23 (6) Using the name or title "midwife" or "licensed
24 midwife" or any other name or title which implies that a
25 person is licensed to practice midwifery, unless such person
26 is duly licensed as provided in this chapter.
27 (7) Knowingly concealing information relating to the
28 enforcement of this chapter or rules adopted pursuant thereto.
29 Section 43. Section 468.366, Florida Statutes, reads:
30 468.366 Penalties for violations.--
31
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HB 1625, Second Engrossed
1 (1) It is a violation of law for any person, including
2 any firm, association, or corporation, to:
3 (a) Sell or fraudulently obtain, attempt to obtain, or
4 furnish to any person a diploma, license, or record, or aid or
5 abet in the sale, procurement, or attempted procurement
6 thereof.
7 (b) Deliver respiratory care services, as defined by
8 this part or by rule of the board, under cover of any diploma,
9 license, or record that was illegally or fraudulently obtained
10 or signed or issued unlawfully or under fraudulent
11 representation.
12 (c) Deliver respiratory care services, as defined by
13 this part or by rule of the board, unless such person is duly
14 licensed to do so under the provisions of this part or unless
15 such person is exempted pursuant to s. 468.368.
16 (d) Use, in connection with his or her name, any
17 designation tending to imply that he or she is a respiratory
18 care practitioner or a respiratory therapist, duly licensed
19 under the provisions of this part, unless he or she is so
20 licensed.
21 (e) Advertise an educational program as meeting the
22 requirements of this part, or conduct an educational program
23 for the preparation of respiratory care practitioners or
24 respiratory therapists, unless such program has been approved
25 by the board.
26 (f) Knowingly employ unlicensed persons in the
27 delivery of respiratory care services, unless exempted by this
28 part.
29 (g) Knowingly conceal information relative to any
30 violation of this part.
31
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HB 1625, Second Engrossed
1 (2) Any violation of this section is a felony of the
2 third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 Section 44. Subsection (1) of section 483.828, Florida
5 Statutes, reads:
6 483.828 Penalties for violations.--
7 (1) Each of the following acts constitutes a felony of
8 the third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084:
10 (a) Practicing as clinical laboratory personnel
11 without an active license.
12 (b) Using or attempting to use a license to practice
13 as clinical laboratory personnel which is suspended or
14 revoked.
15 (c) Attempting to obtain or obtaining a license to
16 practice as clinical laboratory personnel by knowing
17 misrepresentation.
18 Section 45. Subsection (9) of section 483.901, Florida
19 Statutes, reads:
20 483.901 Medical physicists; definitions; licensure.--
21 (9) PENALTY FOR VIOLATIONS.--It is a felony of the
22 third degree, punishable as provided in s. 775.082, s.
23 775.083, or s. 775.084, to:
24 (a) Practice or attempt to practice medical physics or
25 hold oneself out to be a licensed medical physicist without
26 holding an active license.
27 (b) Practice or attempt to practice medical physics
28 under a name other than one's own.
29 (c) Use or attempt to use a revoked or suspended
30 license or the license of another.
31 Section 46. Section 484.053, Florida Statutes, reads:
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HB 1625, Second Engrossed
1 484.053 Prohibitions; penalties.--
2 (1) A person may not:
3 (a) Practice dispensing hearing aids unless the person
4 is a licensed hearing aid specialist;
5 (b) Use the name or title "hearing aid specialist"
6 when the person has not been licensed under this part;
7 (c) Present as her or his own the license of another;
8 (d) Give false, incomplete, or forged evidence to the
9 board or a member thereof for the purposes of obtaining a
10 license;
11 (e) Use or attempt to use a hearing aid specialist
12 license that is delinquent or has been suspended, revoked, or
13 placed on inactive status;
14 (f) Knowingly employ unlicensed persons in the
15 practice of dispensing hearing aids; or
16 (g) Knowingly conceal information relative to
17 violations of this part.
18 (2) Any person who violates any of the provisions of
19 this section is guilty of a felony of the third degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (3) If a person licensed under this part allows the
22 sale of a hearing aid by an unlicensed person not registered
23 as a trainee or fails to comply with the requirements of s.
24 484.0445(2) relating to supervision of trainees, the board
25 shall, upon determination of that violation, order the full
26 refund of moneys paid by the purchaser upon return of the
27 hearing aid to the seller's place of business.
28 Section 47. Subsection (1) of section 457.102, Florida
29 Statutes, is amended to read:
30 457.102 Definitions.--As used in this chapter:
31
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1 (1) "Acupuncture" means a form of primary health care,
2 based on traditional Chinese medical concepts and modern
3 oriental medical techniques, that employs acupuncture
4 diagnosis and treatment, as well as adjunctive therapies and
5 diagnostic techniques, for the promotion, maintenance, and
6 restoration of health and the prevention of disease.
7 Acupuncture shall include, but not be limited to, the
8 insertion of acupuncture needles and the application of
9 moxibustion to specific areas of the human body and the use of
10 electroacupuncture, Qi Gong, oriental massage, herbal therapy,
11 dietary guidelines, and other adjunctive therapies, as defined
12 by board rule.
13 Section 48. Section 457.105, Florida Statutes, is
14 amended to read:
15 457.105 Licensure qualifications and fees.--
16 (1) It is unlawful for any person to practice
17 acupuncture in this state unless such person has been licensed
18 by the board, is in a board-approved course of study, or is
19 otherwise exempted by this chapter.
20 (2) A person may become licensed to practice
21 acupuncture if the person applies to the department and:
22 (a) Is 21 18 years of age or older, has good moral
23 character, and has the ability to communicate in English,
24 which is demonstrated by having passed the national written
25 examination in English or, if such examination was passed in a
26 foreign language, by also having passed a nationally
27 recognized English proficiency examination;
28 (b) Has completed 60 college credits from an
29 accredited postsecondary institution as a prerequisite to
30 enrollment in an authorized 3-year course of study in
31 acupuncture and oriental medicine, and has completed a 3-year
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HB 1625, Second Engrossed
1 course of study in acupuncture and oriental medicine, and
2 effective July 31, 2001, a 4-year course of study in
3 acupuncture and oriental medicine, which meets standards
4 established by the board by rule, which standards include, but
5 are not limited to, successful completion of academic courses
6 in western anatomy, western physiology, western pathology,
7 western biomedical terminology, first aid, and cardiopulmonary
8 resuscitation (CPR). However, any person who enrolled in an
9 authorized course of study in acupuncture before August 1,
10 1997, must have completed only a 2-year course of study which
11 meets standards established by the board by rule, which
12 standards must include, but are not limited to, successful
13 completion of academic courses in western anatomy, western
14 physiology, and western pathology;
15 (c) Has successfully completed a board-approved
16 national certification process, is actively licensed in a
17 state that has examination requirements that are substantially
18 equivalent to or more stringent than those of this state, or
19 passes an examination administered by the department, which
20 examination tests the applicant's competency and knowledge of
21 the practice of acupuncture and oriental medicine. At the
22 request of any applicant, oriental nomenclature for the points
23 shall be used in the examination. The examination shall
24 include a practical examination of the knowledge and skills
25 required to practice modern and traditional acupuncture and
26 oriental medicine, covering diagnostic and treatment
27 techniques and procedures; and
28 (d) Pays the required fees set by the board by rule
29 not to exceed the following amounts:
30 1. Examination fee: $500 plus the actual per applicant
31 cost to the department for purchase of the written and
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1 practical portions of the examination from a national
2 organization approved by the board.
3 2. Application fee: $300.
4 3. Reexamination fee: $500 plus the actual per
5 applicant cost to the department for purchase of the written
6 and practical portions of the examination from a national
7 organization approved by the board.
8 4. Initial biennial licensure fee: $400, if licensed
9 in the first half of the biennium, and $200, if licensed in
10 the second half of the biennium.
11 Section 49. Subsection (1) of section 457.107, Florida
12 Statutes, is amended to read:
13 457.107 Renewal of licenses; continuing education.--
14 (1) The department shall renew a license upon receipt
15 of the renewal application and the fee set by the board by
16 rule, not to exceed $500 $700.
17 Section 50. Section 483.824, Florida Statutes, is
18 amended to read:
19 483.824 Qualifications of clinical laboratory
20 director.--A clinical laboratory director must have 4 years of
21 clinical laboratory experience with 2 years of experience in
22 the specialty to be directed or be nationally board certified
23 in the specialty to be directed, and must meet one of the
24 following requirements:
25 (1) Be a physician licensed under chapter 458 or
26 chapter 459;
27 (2) Hold an earned doctoral degree in a chemical,
28 physical, or biological science from a regionally accredited
29 institution and maintain national certification requirements
30 equal to those required by the federal Health Care Financing
31 Administration be nationally certified; or
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1 (3) For the subspecialty of oral pathology, be a
2 physician licensed under chapter 458 or chapter 459 or a
3 dentist licensed under chapter 466.
4 Section 51. Subsection (11) of section 641.51, Florida
5 Statutes, is created to read:
6 641.51 Quality assurance program; second medical
7 opinion requirement.--
8 (11) If a contracted primary care physician, licensed
9 under Chapter 458 or Chapter 459, and the organization
10 determine that a subscriber requires examination by a licensed
11 ophthalmologist for medically necessary, contractually covered
12 services, then the organization shall authorize the contracted
13 primary care physician to send the subscriber to a contracted
14 licensed ophthalmologist,
15 Section 52. February 6th of each year is designated
16 Florida Alzheimer's Disease Day.
17 Section 53. Subsections (4) through (10) of section
18 641.51, Florida Statutes, are redesignated as subsections (5)
19 through (11), respectively, and a new subsection (4) is added
20 to said section to read:
21 641.51 Quality assurance program; second medical
22 opinion requirement.--
23 (4) The organization shall ensure that only a
24 physician licensed under chapter 458 or chapter 459 or an
25 allopathic or osteopathic physician with an active,
26 unencumbered license in another state with similar licensing
27 requirements may render an adverse determination regarding a
28 service provided by a physician licensed in this state. The
29 organization shall submit to the treating provider and the
30 subscriber written notification regarding the organization's
31 adverse determination within 2 working days after the
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1 subscriber or provider is notified of the adverse
2 determination. The written notification must include the
3 utilization review criteria or benefits provisions used in the
4 adverse determination, identify the physician who rendered the
5 adverse determination, and be signed by an authorized
6 representative of the organization or the physician who
7 rendered the adverse determination. The organization must
8 include with the notification of an adverse determination
9 information concerning the appeal process for adverse
10 determinations.
11 Section 54. Subsection (2) of section 766.106, Florida
12 Statutes, is amended to read:
13 766.106 Notice before filing action for medical
14 malpractice; presuit screening period; offers for admission of
15 liability and for arbitration; informal discovery; review.--
16 (2) After completion of presuit investigation pursuant
17 to s. 766.203 and prior to filing a claim for medical
18 malpractice, a claimant shall notify each prospective
19 defendant and, if any prospective defendant is a health care
20 provider licensed under chapter 458, chapter 459, chapter 460,
21 chapter 461, or chapter 466, the Department of Health by
22 certified mail, return receipt requested, of intent to
23 initiate litigation for medical malpractice. Following the
24 initiation of a suit alleging medical malpractice with a court
25 of competent jurisdiction, and service of the complaint upon a
26 defendant, the claimant shall provide a copy of the complaint
27 to the Department of Health. Notice to the Department of
28 Health must include the full name and address of the claimant;
29 the full names and any known addresses of any health care
30 providers licensed under chapter 458, chapter 459, chapter
31 460, chapter 461, or chapter 466 who are prospective
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1 defendants identified at the time; the date and a summary of
2 the occurrence giving rise to the claim; and a description of
3 the injury to the claimant. The requirement of providing the
4 complaint for notice to the Department of Health does not
5 impair the claimant's legal rights or ability to seek relief
6 for his or her claim, and the fact of providing the complaint
7 notice provided to the department is not discoverable or
8 admissible in any civil or administrative action. The
9 Department of Health shall review each incident and determine
10 whether it involved conduct by a licensee which is potentially
11 subject to disciplinary action, in which case the provisions
12 of s. 455.621 apply.
13 Section 55. This act shall take effect July 1, 2000.
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