House Bill 1659

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    Florida House of Representatives - 2000                HB 1659

        By the Committee on Health Care Licensing & Regulation and
    Representative Fasano





  1                      A bill to be entitled

  2         An act relating to general regulatory

  3         administration of the health care professions;

  4         amending s. 455.564, F.S.; revising general

  5         licensing provisions for professions under the

  6         jurisdiction of the Department of Health;

  7         providing for processing of applications from

  8         foreign or nonresident applicants not yet

  9         having a social security number; providing for

10         temporary licensure of such applicants;

11         revising provisions relating to ongoing

12         criminal investigations or prosecutions;

13         requiring proof of restoration of civil rights

14         under certain circumstances; authorizing

15         requirement for personal appearance prior to

16         grant or denial of a license; providing for

17         tolling of application decision deadlines under

18         certain circumstances; amending s. 455.565,

19         F.S.; eliminating duplicative submission of

20         fingerprints and other information required for

21         criminal history checks; providing for certain

22         access to criminal history information through

23         the department's health care practitioner

24         credentialing system; creating s. 455.56505,

25         F.S.; requiring all health care practitioners

26         seeking licensure or renewed licensure in a

27         profession under jurisdiction of the department

28         to submit information and fingerprints for

29         profiling purposes; amending s. 455.5651, F.S.;

30         authorizing the department to publish certain

31         information in practitioner profiles; amending

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  1         s. 455.5653, F.S.; deleting obsolete language

  2         relating to scheduling and development of

  3         practitioner profiles for additional health

  4         care practitioners; providing the department

  5         access to information on health care

  6         practitioners maintained by the Agency for

  7         Health Care Administration for corroboration

  8         purposes; amending s. 455.5654, F.S.; providing

  9         for adoption by rule of a form for submission

10         of profiling information; amending s. 455.567,

11         F.S.; expanding the prohibition against sexual

12         misconduct to cover violations against

13         guardians and representatives of patients or

14         clients; providing penalties; amending s.

15         455.574, F.S.; providing for determination of

16         the amount of the examination fee when the

17         board or department purchases the examination;

18         amending s. 455.624, F.S.; revising and

19         providing grounds for disciplinary action

20         relating to having a license to practice a

21         regulated health care profession acted against,

22         sexual misconduct, inability to practice

23         properly due to alcohol or substance abuse or a

24         mental or physical condition, and testing

25         positive for a drug without a lawful

26         prescription therefor; providing for

27         restriction of license as a disciplinary

28         action; providing for issuance of a citation

29         and assessment of a fine for certain first-time

30         violations; reenacting ss. 455.577, 455.631,

31         455.651(2), 455.712(1), 458.347(7)(g),

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  1         459.022(7)(f), 468.1755(1)(a), 468.719(1)(a)

  2         and (2), 468.811, and 484.056(1)(a), F.S.,

  3         relating to theft or reproduction of an

  4         examination, giving false information,

  5         disclosure of confidential information,

  6         business establishments providing regulated

  7         services without an active status license, and

  8         practice violations by physician assistants,

  9         nursing home administrators, athletic trainers,

10         orthotists, prosthetists, pedorthists, and

11         hearing aid specialists, to incorporate the

12         amendment to s. 455.624, F.S., in references

13         thereto; repealing s. 455.704, F.S., relating

14         to the Impaired Practitioners Committee;

15         amending s. 455.707, F.S., relating to impaired

16         practitioners, to conform; clarifying

17         provisions relating to complaints against

18         impaired practitioners; amending s. 310.102,

19         F.S.; revising and removing references, to

20         conform; amending s. 455.711, F.S.; revising

21         provisions relating to active and inactive

22         status licensure; eliminating reference to

23         delinquency as a licensure status; providing

24         rulemaking authority; amending ss. 455.587 and

25         455.714, F.S.; revising references, to conform;

26         creating s. 455.719, F.S.; providing that the

27         appropriate medical regulatory board, or the

28         department when there is no board, has

29         exclusive authority to grant exemptions from

30         disqualification from employment or contracting

31         with respect to persons under the licensing

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  1         jurisdiction of that board or the department,

  2         as applicable; amending s. 943.0585, F.S.;

  3         providing expunged criminal history records to

  4         the department under certain circumstances;

  5         providing an appropriation for continued review

  6         of clinical laboratory services for kidney

  7         dialysis patients and requiring a report

  8         thereon; providing an effective date.

  9

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

11

12         Section 1.  Subsections (1) and (3) of section 455.564,

13  Florida Statutes, are amended to read:

14         455.564  Department; general licensing provisions.--

15         (1)(a)  Any person desiring to be licensed in a

16  profession within the jurisdiction of the department shall

17  apply to the department in writing to take the licensure

18  examination.  The application shall be made on a form prepared

19  and furnished by the department and shall require the social

20  security number of the applicant, except as provided in

21  paragraph (b). The form shall be supplemented as needed to

22  reflect any material change in any circumstance or condition

23  stated in the application which takes place between the

24  initial filing of the application and the final grant or

25  denial of the license and which might affect the decision of

26  the department. An incomplete application shall expire 1 year

27  after initial filing. In order to further the economic

28  development goals of the state, and notwithstanding any law to

29  the contrary, the department may enter into an agreement with

30  the county tax collector for the purpose of appointing the

31  county tax collector as the department's agent to accept

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  1  applications for licenses and applications for renewals of

  2  licenses. The agreement must specify the time within which the

  3  tax collector must forward any applications and accompanying

  4  application fees to the department.

  5         (b)  If an applicant has not been issued a social

  6  security number by the Federal Government at the time of

  7  application because the applicant is not a citizen or resident

  8  of this country, the department may process the application

  9  using a unique personal identification number. If such an

10  applicant is otherwise eligible for licensure, the board, or

11  the department when there is no board, may issue a temporary

12  license to the applicant, which shall expire 30 days after

13  issuance unless a social security number is obtained and

14  submitted in writing to the department. Upon receipt of the

15  applicant's social security number, the department shall issue

16  a new license, which shall expire at the end of the current

17  biennium.

18         (3)(a)  The board, or the department when there is no

19  board, may refuse to issue an initial license to any applicant

20  who is under investigation or prosecution in any jurisdiction

21  for an action that would constitute a violation of this part

22  or the professional practice acts administered by the

23  department and the boards, until such time as the

24  investigation or prosecution is complete, and the time period

25  in which the licensure application must be granted or denied

26  shall be tolled until 15 days after the receipt of the final

27  results of the investigation or prosecution.

28         (b)  If an applicant has been convicted of a felony

29  related to the practice or ability to practice any health care

30  profession, the board, or the department when there is no

31

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  1  board, may require the applicant to prove that his or her

  2  civil rights have been restored.

  3         (c)  In considering applications for licensure, the

  4  board, or the department when there is no board, may require a

  5  personal appearance of the applicant. If the applicant is

  6  required to appear, the time period in which a licensure

  7  application must be granted or denied shall be tolled until

  8  such time as the applicant appears. However, if the applicant

  9  fails to appear before the board at either of the next two

10  regularly scheduled board meetings, or fails to appear before

11  the department within 30 days if there is no board, the

12  application for licensure shall be denied.

13         Section 2.  Paragraph (d) is added to subsection (4) of

14  section 455.565, Florida Statutes, to read:

15         455.565  Designated health care professionals;

16  information required for licensure.--

17         (4)

18         (d)  Any applicant for initial licensure or renewal of

19  licensure as a health care practitioner who submits to the

20  Department of Health a set of fingerprints or information

21  required for the criminal history check required under this

22  section shall not be required to provide a subsequent set of

23  fingerprints or other duplicate information required for a

24  criminal history check to the Agency for Health Care

25  Administration, the Department of Juvenile Justice, or the

26  Department of Children and Family Services for employment or

27  licensure with such agency or department if the applicant has

28  undergone a criminal history check as a condition of initial

29  licensure or licensure renewal as a health care practitioner

30  with the Department of Health or any of its regulatory boards,

31  notwithstanding any other provision of law to the contrary. In

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  1  lieu of such duplicate submission, the Agency for Health Care

  2  Administration, the Department of Juvenile Justice, and the

  3  Department of Children and Family Services shall obtain

  4  criminal history information for employment or licensure of

  5  health care practitioners by such agency and departments from

  6  the Department of Health's health care practitioner

  7  credentialing system.

  8         Section 3.  Section 455.56505, Florida Statutes, is

  9  created to read:

10         455.56505  Health care practitioners; information

11  required for licensure.--

12         (1)(a)  Each person who applies for initial licensure

13  must, at the time of application, and each person who applies

14  for license renewal must, in conjunction with the renewal of

15  such license and under procedures adopted by the Department of

16  Health, and in addition to any other information that may be

17  required from the applicant, furnish the following information

18  to the Department of Health:

19         1.  The name of each school or training program that

20  the applicant has attended, with the months and years of

21  attendance and the month and year of graduation, and a

22  description of all graduate professional education completed

23  by the applicant, excluding any coursework taken to satisfy

24  continuing education requirements.

25         2.  The name of each location at which the applicant

26  practices.

27         3.  The address at which the applicant will primarily

28  conduct his or her practice.

29         4.  Any certification or designation that the applicant

30  has received from a specialty or certification board that is

31

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  1  recognized or approved by the regulatory board or department

  2  to which the applicant is applying.

  3         5.  The year that the applicant received initial

  4  licensure and began practicing the profession in any

  5  jurisdiction and the year that the applicant received initial

  6  licensure in this state.

  7         6.  Any appointment that the applicant currently holds

  8  to the faculty of a school related to the profession and an

  9  indication as to whether the applicant has had the

10  responsibility for graduate education within the most recent

11  10 years.

12         7.  A description of any criminal offense of which the

13  applicant has been found guilty, regardless of whether

14  adjudication of guilt was withheld, or to which the applicant

15  has pled guilty or nolo contendere. A criminal offense

16  committed in another jurisdiction which would have been a

17  felony or misdemeanor if committed in this state must be

18  reported. If the applicant indicates that a criminal offense

19  is under appeal and submits a copy of the notice for appeal of

20  that criminal offense, the department must state that the

21  criminal offense is under appeal if the criminal offense is

22  reported in the applicant's profile. If the applicant

23  indicates to the department that a criminal offense is under

24  appeal, the applicant must, within 15 days after the

25  disposition of the appeal, submit to the department a copy of

26  the final written order of disposition.

27         8.  A description of any final disciplinary action

28  taken within the previous 10 years against the applicant by a

29  licensing or regulatory body in any jurisdiction, by a

30  specialty board that is recognized by the board or department,

31  or by a licensed hospital, health maintenance organization,

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  1  prepaid health clinic, ambulatory surgical center, or nursing

  2  home. Disciplinary action includes resignation from or

  3  nonrenewal of staff membership or the restriction of

  4  privileges at a licensed hospital, health maintenance

  5  organization, prepaid health clinic, ambulatory surgical

  6  center, or nursing home taken in lieu of or in settlement of a

  7  pending disciplinary case related to competence or character.

  8  If the applicant indicates that the disciplinary action is

  9  under appeal and submits a copy of the document initiating an

10  appeal of the disciplinary action, the department must state

11  that the disciplinary action is under appeal if the

12  disciplinary action is reported in the applicant's profile.

13         (b)  In addition to the information required under

14  paragraph (a), each applicant for initial licensure or

15  licensure renewal must provide the information required of

16  licensees pursuant to s. 455.697.

17         (2)  The Department of Health shall send a notice to

18  each licensee at the licensee's last known address of record

19  regarding the requirements for information to be submitted by

20  practitioners pursuant to this section in conjunction with the

21  renewal of such license.

22         (3)  Each person who has submitted information pursuant

23  to subsection (1) must update that information in writing by

24  notifying the Department of Health within 45 days after the

25  occurrence of an event or the attainment of a status that is

26  required to be reported by subsection (1). Failure to comply

27  with the requirements of this subsection to update and submit

28  information constitutes a ground for disciplinary action under

29  each respective licensing chapter and s. 455.624(1)(k). For

30  failure to comply with the requirements of this subsection to

31

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  1  update and submit information, the department or board, as

  2  appropriate, may:

  3         (a)  Refuse to issue a license to any person applying

  4  for initial licensure who fails to submit and update the

  5  required information.

  6         (b)  Issue a citation to any licensee who fails to

  7  submit and update the required information and may fine the

  8  licensee up to $50 for each day that the licensee is not in

  9  compliance with this subsection. The citation must clearly

10  state that the licensee may choose, in lieu of accepting the

11  citation, to follow the procedure under s. 455.621. If the

12  licensee disputes the matter in the citation, the procedures

13  set forth in s. 455.621 must be followed. However, if the

14  licensee does not dispute the matter in the citation with the

15  department within 30 days after the citation is served, the

16  citation becomes a final order and constitutes discipline.

17  Service of a citation may be made by personal service or

18  certified mail, restricted delivery, to the subject at the

19  licensee's last known address.

20         (4)(a)  An applicant for initial licensure must submit

21  a set of fingerprints to the Department of Health on a form

22  and under procedures specified by the department, along with

23  payment in an amount equal to the costs incurred by the

24  Department of Health for a national criminal history check of

25  the applicant.

26         (b)  An applicant for renewed licensure who has not

27  previously submitted a set of fingerprints to the Department

28  of Health for purposes of licensure must submit a set of

29  fingerprints to the department as a condition of the initial

30  renewal of his or her license after the effective date of this

31  section. The applicant must submit the fingerprints on a form

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  1  and under procedures specified by the department, along with

  2  payment in an amount equal to the costs incurred by the

  3  Department of Health for a national criminal history check.

  4  For subsequent renewals, the applicant for renewed licensure

  5  must only submit information necessary to conduct a statewide

  6  criminal history check, along with payment in an amount equal

  7  to the costs incurred by the Department of Health for a

  8  statewide criminal history check.

  9         (c)1.  The Department of Health shall submit the

10  fingerprints provided by an applicant for initial licensure to

11  the Florida Department of Law Enforcement for a statewide

12  criminal history check, and the Florida Department of Law

13  Enforcement shall forward the fingerprints to the Federal

14  Bureau of Investigation for a national criminal history check

15  of the applicant.

16         2.  The department shall submit the fingerprints

17  provided by an applicant for the initial renewal of license to

18  the Florida Department of Law Enforcement for a statewide

19  criminal history check, and the Florida Department of Law

20  Enforcement shall forward the fingerprints to the Federal

21  Bureau of Investigation for a national criminal history check

22  for the initial renewal of the applicant's license after the

23  effective date of this section.

24         3.  For any subsequent renewal of the applicant's

25  license, the department shall submit the required information

26  for a statewide criminal history check of the applicant to the

27  Florida Department of Law Enforcement.

28         (d)  Any applicant for initial licensure or renewal of

29  licensure as a health care practitioner who submits to the

30  Department of Health a set of fingerprints and information

31  required for the criminal history check required under this

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  1  section shall not be required to provide a subsequent set of

  2  fingerprints or other duplicate information required for a

  3  criminal history check to the Agency for Health Care

  4  Administration, the Department of Juvenile Justice, or the

  5  Department of Children and Family Services for employment or

  6  licensure with such agency or department, if the applicant has

  7  undergone a criminal history check as a condition of initial

  8  licensure or renewal of licensure as a health care

  9  practitioner with the Department of Health or any of its

10  regulatory boards, notwithstanding any other provision of law

11  to the contrary. In lieu of such duplicate submission, the

12  Agency for Health Care Administration, the Department of

13  Juvenile Justice, and the Department of Children and Family

14  Services shall obtain criminal history information for

15  employment or licensure of health care practitioners by such

16  agency or department from the Department of Health's health

17  care practitioner credentialing system.

18         (5)  Each person who is required to submit information

19  pursuant to this section may submit additional information to

20  the department. Such information may include, but is not

21  limited to:

22         (a)  Information regarding publications in

23  peer-reviewed professional literature within the previous 10

24  years.

25         (b)  Information regarding professional or community

26  service activities or awards.

27         (c)  Languages, other than English, used by the

28  applicant to communicate with patients or clients and

29  identification of any translating service that may be

30  available at the place where the applicant primarily conducts

31  his or her practice.

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  1         (d)  An indication of whether the person participates

  2  in the Medicaid program.

  3         Section 4.  Section 455.5651, Florida Statutes, is

  4  amended to read:

  5         455.5651  Practitioner profile; creation.--

  6         (1)  Beginning July 1, 1999, the Department of Health

  7  shall compile the information submitted pursuant to s. 455.565

  8  into a practitioner profile of the applicant submitting the

  9  information, except that the Department of Health may develop

10  a format to compile uniformly any information submitted under

11  s. 455.565(4)(b). Beginning July 1, 2001, the Department of

12  Health may compile the information submitted pursuant to s.

13  455.56505 into a practitioner profile of the applicant

14  submitting the information.

15         (2)  On the profile published required under subsection

16  (1), the department shall indicate if the information provided

17  under s. 455.565(1)(a)7. or s. 455.56505(1)(a)7. is not

18  corroborated by a criminal history check conducted according

19  to this subsection. If the information provided under s.

20  455.565(1)(a)7. or s. 455.56505(1)(a)7. is corroborated by the

21  criminal history check, the fact that the criminal history

22  check was performed need not be indicated on the profile. The

23  department, or the board having regulatory authority over the

24  practitioner acting on behalf of the department, shall

25  investigate any information received by the department or the

26  board when it has reasonable grounds to believe that the

27  practitioner has violated any law that relates to the

28  practitioner's practice.

29         (3)  The Department of Health may include in each

30  practitioner's practitioner profile that criminal information

31  that directly relates to the practitioner's ability to

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  1  competently practice his or her profession.  The department

  2  must include in each practitioner's practitioner profile the

  3  following statement:  "The criminal history information, if

  4  any exists, may be incomplete; federal criminal history

  5  information is not available to the public." The department

  6  shall not publish a criminal conviction if such conviction has

  7  been sealed, expunged, or pardoned.

  8         (4)  The Department of Health shall include, with

  9  respect to a practitioner licensed under chapter 458 or

10  chapter 459, a statement of how the practitioner has elected

11  to comply with the financial responsibility requirements of s.

12  458.320 or s. 459.0085. The department shall include, with

13  respect to practitioners subject to s. 455.694, a statement of

14  how the practitioner has elected to comply with the financial

15  responsibility requirements of that section. The department

16  shall include, with respect to practitioners licensed under

17  chapter 458, chapter 459, or chapter 461, or chapter 466,

18  information relating to liability actions which has been

19  reported under s. 455.697 or s. 627.912 within the previous 10

20  years for any paid claim that exceeds $5,000. Such claims

21  information shall be reported in the context of comparing an

22  individual practitioner's claims to the experience of other

23  practitioners physicians within the same specialty, or

24  profession if the practitioner is not a specialist, to the

25  extent such information is available to the Department of

26  Health. If information relating to a liability action is

27  included in a practitioner's practitioner profile, the profile

28  must also include the following statement:  "Settlement of a

29  claim may occur for a variety of reasons that do not

30  necessarily reflect negatively on the professional competence

31  or conduct of the practitioner physician.  A payment in

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  1  settlement of a medical malpractice action or claim should not

  2  be construed as creating a presumption that medical

  3  malpractice has occurred."

  4         (5)  The Department of Health may not include

  5  disciplinary action taken by a licensed hospital or an

  6  ambulatory surgical center in the practitioner profile.

  7         (6)  The Department of Health may include in the

  8  practitioner's practitioner profile any other information that

  9  is a public record of any governmental entity and that relates

10  to a practitioner's ability to competently practice his or her

11  profession.  However, the department must consult with the

12  board having regulatory authority over the practitioner before

13  such information is included in his or her profile.

14         (7)  Upon the completion of a practitioner profile

15  under this section, the Department of Health shall furnish the

16  practitioner who is the subject of the profile a copy of it.

17  The practitioner has a period of 30 days in which to review

18  the profile and to correct any factual inaccuracies in it. The

19  Department of Health shall make the profile available to the

20  public at the end of the 30-day period. The department shall

21  make the profiles available to the public through the World

22  Wide Web and other commonly used means of distribution.

23         (8)  Making a practitioner profile available to the

24  public under this section does not constitute agency action

25  for which a hearing under s. 120.57 may be sought.

26         Section 5.  Section 455.5653, Florida Statutes, is

27  amended to read:

28         455.5653  Practitioner profiles; data

29  storage.--Effective upon this act becoming a law, the

30  Department of Health must develop or contract for a computer

31  system to accommodate the new data collection and storage

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  1  requirements under this act pending the development and

  2  operation of a computer system by the Department of Health for

  3  handling the collection, input, revision, and update of data

  4  submitted by physicians as a part of their initial licensure

  5  or renewal to be compiled into individual practitioner

  6  profiles. The Department of Health must incorporate any data

  7  required by this act into the computer system used in

  8  conjunction with the regulation of health care professions

  9  under its jurisdiction. The department must develop, by the

10  year 2000, a schedule and procedures for each practitioner

11  within a health care profession regulated within the Division

12  of Medical Quality Assurance to submit relevant information to

13  be compiled into a profile to be made available to the public.

14  The Department of Health is authorized to contract with and

15  negotiate any interagency agreement necessary to develop and

16  implement the practitioner profiles. The Department of Health

17  shall have access to any information or record maintained by

18  the Agency for Health Care Administration, including any

19  information or record that is otherwise confidential and

20  exempt from the provisions of chapter 119 and s. 24(a), Art. I

21  of the State Constitution, so that the Department of Health

22  may corroborate any information that practitioners physicians

23  are required to report under s. 455.565 or s. 455.56505.

24         Section 6.  Section 455.5654, Florida Statutes, is

25  amended to read:

26         455.5654  Practitioner profiles; rules;

27  workshops.--Effective upon this act becoming a law, the

28  Department of Health shall adopt rules for the form of a

29  practitioner profile that the agency is required to prepare.

30  The Department of Health, pursuant to chapter 120, must hold

31  public workshops for purposes of rule development to implement

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  1  this section. An agency to which information is to be

  2  submitted under this act may adopt by rule a form for the

  3  submission of the information required under s. 455.565 or s.

  4  455.56505.

  5         Section 7.  Subsection (1) of section 455.567, Florida

  6  Statutes, is amended to read:

  7         455.567  Sexual misconduct; disqualification for

  8  license, certificate, or registration.--

  9         (1)  Sexual misconduct in the practice of a health care

10  profession means violation of the professional relationship

11  through which the health care practitioner uses such

12  relationship to engage or attempt to engage the patient or

13  client, or an immediate family member, guardian, or

14  representative of the patient or client in, or to induce or

15  attempt to induce such person to engage in, verbal or physical

16  sexual activity outside the scope of the professional practice

17  of such health care profession. Sexual misconduct in the

18  practice of a health care profession is prohibited.

19         Section 8.  Paragraph (g) is added to subsection (1) of

20  section 455.574, Florida Statutes, to read:

21         455.574  Department of Health; examinations.--

22         (1)

23         (g)  If the board or department purchases an

24  examination to test candidates for initial licensure, the

25  examination fee shall be set by rule of the appropriate board,

26  or the department when there is no board, in an amount not to

27  exceed the examination fee set forth in the applicable

28  practice act as of October 1, 1999, plus the actual

29  per-applicant cost to the board or department to purchase the

30  examination, notwithstanding any other provision of law to the

31  contrary.

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  1         Section 9.  Paragraphs (f) and (u) of subsection (1),

  2  paragraph (c) of subsection (2), and subsection (3) of section

  3  455.624, Florida Statutes, are amended, and paragraphs (y) and

  4  (z) are added to subsection (1) of said section, to read:

  5         455.624  Grounds for discipline; penalties;

  6  enforcement.--

  7         (1)  The following acts shall constitute grounds for

  8  which the disciplinary actions specified in subsection (2) may

  9  be taken:

10         (f)  Having a license or the authority to practice any

11  the regulated profession revoked, suspended, or otherwise

12  acted against, including the denial of licensure, by the

13  licensing authority of any jurisdiction, including its

14  agencies or subdivisions, for a violation that would

15  constitute a violation under Florida law. The licensing

16  authority's acceptance of a relinquishment of licensure,

17  stipulation, consent order, or other settlement, offered in

18  response to or in anticipation of the filing of charges

19  against the license, shall be construed as action against the

20  license.

21         (u)  Engaging or attempting to engage in sexual

22  misconduct as defined and prohibited in s. 455.567(1) a

23  patient or client in verbal or physical sexual activity. For

24  the purposes of this section, a patient or client shall be

25  presumed to be incapable of giving free, full, and informed

26  consent to verbal or physical sexual activity.

27         (y)  Being unable to practice with reasonable skill and

28  safety to patients by reason of illness or use of alcohol,

29  drugs, narcotics, chemicals, or any other type of material or

30  as a result of any mental or physical condition. In enforcing

31  this paragraph, the department shall have, upon a finding of

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  1  the secretary or the secretary's designee that probable cause

  2  exists to believe that the licensee is unable to practice

  3  because of the reasons stated in this paragraph, the authority

  4  to issue an order to compel a licensee to submit to a mental

  5  or physical examination by physicians designated by the

  6  department. If the licensee refuses to comply with such order,

  7  the department's order directing such examination may be

  8  enforced by filing a petition for enforcement in the circuit

  9  court where the licensee resides or does business. The

10  licensee against whom the petition is filed may not be named

11  or identified by initials in any public court records or

12  documents, and the proceedings shall be closed to the public.

13  The department shall be entitled to the summary procedure

14  provided in s. 51.011. A licensee or certificateholder

15  affected under this paragraph shall at reasonable intervals be

16  afforded an opportunity to demonstrate that he or she can

17  resume the competent practice of his or her profession with

18  reasonable skill and safety to patients.

19         (z)  Testing positive for any drug, as defined in s.

20  112.0455, on any confirmed preemployment or employer-ordered

21  drug screening when the practitioner does not have a lawful

22  prescription and legitimate medical reason for using such

23  drug.

24         (2)  When the board, or the department when there is no

25  board, finds any person guilty of the grounds set forth in

26  subsection (1) or of any grounds set forth in the applicable

27  practice act, including conduct constituting a substantial

28  violation of subsection (1) or a violation of the applicable

29  practice act which occurred prior to obtaining a license, it

30  may enter an order imposing one or more of the following

31  penalties:

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  1         (c)  Restriction of practice or license.

  2

  3  In determining what action is appropriate, the board, or

  4  department when there is no board, must first consider what

  5  sanctions are necessary to protect the public or to compensate

  6  the patient. Only after those sanctions have been imposed may

  7  the disciplining authority consider and include in the order

  8  requirements designed to rehabilitate the practitioner. All

  9  costs associated with compliance with orders issued under this

10  subsection are the obligation of the practitioner.

11         (3)(a)  Notwithstanding subsection (2), if the ground

12  for disciplinary action is the first-time failure of the

13  licensee to satisfy continuing education requirements

14  established by the board, or by the department if there is no

15  board, the board or department, as applicable, shall issue a

16  citation in accordance with s. 455.617 and assess a fine, as

17  determined by the board or department by rule. In addition,

18  for each hour of continuing education not completed or

19  completed late, the board or department, as applicable, may

20  require the licensee to take 1 additional hour of continuing

21  education for each hour not completed or completed late.

22         (b)  Notwithstanding subsection (2), if the ground for

23  disciplinary action is the first-time violation of a practice

24  act for unprofessional conduct and no actual harm to the

25  patient occurred, the board or department, as applicable,

26  shall issue a citation in accordance with s. 455.617 and

27  assess a fine, as determined by the board or department by

28  rule.

29         Section 10.  For the purpose of incorporating the

30  amendment to section 455.624, Florida Statutes, in references

31

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  1  thereto, the sections or subdivisions of Florida Statutes set

  2  forth below are reenacted to read:

  3         455.577  Penalty for theft or reproduction of an

  4  examination.--In addition to, or in lieu of, any other

  5  discipline imposed pursuant to s. 455.624, the theft of an

  6  examination in whole or in part or the act of reproducing or

  7  copying any examination administered by the department,

  8  whether such examination is reproduced or copied in part or in

  9  whole and by any means, constitutes a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         455.631  Penalty for giving false information.--In

13  addition to, or in lieu of, any other discipline imposed

14  pursuant to s. 455.624, the act of knowingly giving false

15  information in the course of applying for or obtaining a

16  license from the department, or any board thereunder, with

17  intent to mislead a public servant in the performance of his

18  or her official duties, or the act of attempting to obtain or

19  obtaining a license from the department, or any board

20  thereunder, to practice a profession by knowingly misleading

21  statements or knowing misrepresentations constitutes a felony

22  of the third degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         455.651  Disclosure of confidential information.--

25         (2)  Any person who willfully violates any provision of

26  this section is guilty of a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083, and may be

28  subject to discipline pursuant to s. 455.624, and, if

29  applicable, shall be removed from office, employment, or the

30  contractual relationship.

31

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  1         455.712  Business establishments; requirements for

  2  active status licenses.--

  3         (1)  A business establishment regulated by the Division

  4  of Medical Quality Assurance pursuant to this part may provide

  5  regulated services only if the business establishment has an

  6  active status license. A business establishment that provides

  7  regulated services without an active status license is in

  8  violation of this section and s. 455.624, and the board, or

  9  the department if there is no board, may impose discipline on

10  the business establishment.

11         458.347  Physician assistants.--

12         (7)  PHYSICIAN ASSISTANT LICENSURE.--

13         (g)  The Board of Medicine may impose any of the

14  penalties specified in ss. 455.624 and 458.331(2) upon a

15  physician assistant if the physician assistant or the

16  supervising physician has been found guilty of or is being

17  investigated for any act that constitutes a violation of this

18  chapter or part II of chapter 455.

19         459.022  Physician assistants.--

20         (7)  PHYSICIAN ASSISTANT LICENSURE.--

21         (f)  The Board of Osteopathic Medicine may impose any

22  of the penalties specified in ss. 455.624 and 459.015(2) upon

23  a physician assistant if the physician assistant or the

24  supervising physician has been found guilty of or is being

25  investigated for any act that constitutes a violation of this

26  chapter or part II of chapter 455.

27         468.1755  Disciplinary proceedings.--

28         (1)  The following acts shall constitute grounds for

29  which the disciplinary actions in subsection (2) may be taken:

30         (a)  Violation of any provision of s. 455.624(1) or s.

31  468.1745(1).

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  1         468.719  Disciplinary actions.--

  2         (1)  The following acts shall be grounds for

  3  disciplinary actions provided for in subsection (2):

  4         (a)  A violation of any law relating to the practice of

  5  athletic training, including, but not limited to, any

  6  violation of this part, s. 455.624, or any rule adopted

  7  pursuant thereto.

  8         (2)  When the board finds any person guilty of any of

  9  the acts set forth in subsection (1), the board may enter an

10  order imposing one or more of the penalties provided in s.

11  455.624.

12         468.811  Disciplinary proceedings.--

13         (1)  The following acts are grounds for disciplinary

14  action against a licensee and the issuance of cease and desist

15  orders or other related action by the department, pursuant to

16  s. 455.624, against any person who engages in or aids in a

17  violation.

18         (a)  Attempting to procure a license by fraudulent

19  misrepresentation.

20         (b)  Having a license to practice orthotics,

21  prosthetics, or pedorthics revoked, suspended, or otherwise

22  acted against, including the denial of licensure in another

23  jurisdiction.

24         (c)  Being convicted or found guilty of or pleading

25  nolo contendere to, regardless of adjudication, in any

26  jurisdiction, a crime that directly relates to the practice of

27  orthotics, prosthetics, or pedorthics, including violations of

28  federal laws or regulations regarding orthotics, prosthetics,

29  or pedorthics.

30         (d)  Filing a report or record that the licensee knows

31  is false, intentionally or negligently failing to file a

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  1  report or record required by state or federal law, willfully

  2  impeding or obstructing such filing, or inducing another

  3  person to impede or obstruct such filing. Such reports or

  4  records include only reports or records that are signed in a

  5  person's capacity as a licensee under this act.

  6         (e)  Advertising goods or services in a fraudulent,

  7  false, deceptive, or misleading manner.

  8         (f)  Violation of this act or part II of chapter 455,

  9  or any rules adopted thereunder.

10         (g)  Violation of an order of the board, agency, or

11  department previously entered in a disciplinary hearing or

12  failure to comply with a subpoena issued by the board, agency,

13  or department.

14         (h)  Practicing with a revoked, suspended, or inactive

15  license.

16         (i)  Gross or repeated malpractice or the failure to

17  deliver orthotic, prosthetic, or pedorthic services with that

18  level of care and skill which is recognized by a reasonably

19  prudent licensed practitioner with similar professional

20  training as being acceptable under similar conditions and

21  circumstances.

22         (j)  Failing to provide written notice of any

23  applicable warranty for an orthosis, prosthesis, or pedorthic

24  device that is provided to a patient.

25         (2)  The board may enter an order imposing one or more

26  of the penalties in s. 455.624(2) against any person who

27  violates any provision of subsection (1).

28         484.056  Disciplinary proceedings.--

29         (1)  The following acts relating to the practice of

30  dispensing hearing aids shall be grounds for both disciplinary

31  action against a hearing aid specialist as set forth in this

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  1  section and cease and desist or other related action by the

  2  department as set forth in s. 455.637 against any person

  3  owning or operating a hearing aid establishment who engages

  4  in, aids, or abets any such violation:

  5         (a)  Violation of any provision of s. 455.624(1), s.

  6  484.0512, or s. 484.053.

  7         Section 11.  Section 455.704, Florida Statutes, is

  8  repealed.

  9         Section 12.  Subsections (1), (2), and (3) of section

10  455.707, Florida Statutes, are amended to read:

11         455.707  Treatment programs for impaired

12  practitioners.--

13         (1)  For professions that do not have impaired

14  practitioner programs provided for in their practice acts, the

15  department shall, by rule, designate approved impaired

16  practitioner treatment programs under this section. The

17  department may adopt rules setting forth appropriate criteria

18  for approval of treatment providers based on the policies and

19  guidelines established by the Impaired Practitioners

20  Committee.  The rules may must specify the manner in which the

21  consultant, retained as set forth in subsection (2), works

22  with the department in intervention, requirements for

23  evaluating and treating a professional, and requirements for

24  the continued care and monitoring of a professional by the

25  consultant by an approved at a department-approved treatment

26  provider.  The department shall not compel any impaired

27  practitioner program in existence on October 1, 1992, to serve

28  additional professions.

29         (2)  The department shall retain one or more impaired

30  practitioner consultants as recommended by the committee.  A

31  consultant shall be a licensee or recovered licensee under the

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  1  jurisdiction of the Division of Medical Quality Assurance

  2  within the department, and at least one consultant must be a

  3  practitioner or recovered practitioner licensed under chapter

  4  458, chapter 459, or chapter 464.  The consultant shall assist

  5  the probable cause panel and department in carrying out the

  6  responsibilities of this section.  This shall include working

  7  with department investigators to determine whether a

  8  practitioner is, in fact, impaired.

  9         (3)(a)  Whenever the department receives a written or

10  oral legally sufficient complaint alleging that a licensee

11  under the jurisdiction of the Division of Medical Quality

12  Assurance within the department is impaired as a result of the

13  misuse or abuse of alcohol or drugs, or both, or due to a

14  mental or physical condition which could affect the licensee's

15  ability to practice with skill and safety, and no complaint

16  against the licensee other than impairment exists, the

17  reporting of such information shall not constitute grounds for

18  discipline pursuant to s. 455.624 or the corresponding grounds

19  for discipline within the applicable practice act a complaint

20  within the meaning of s. 455.621 if the probable cause panel

21  of the appropriate board, or the department when there is no

22  board, finds:

23         1.  The licensee has acknowledged the impairment

24  problem.

25         2.  The licensee has voluntarily enrolled in an

26  appropriate, approved treatment program.

27         3.  The licensee has voluntarily withdrawn from

28  practice or limited the scope of practice as required by the

29  consultant determined by the panel, or the department when

30  there is no board, in each case, until such time as the panel,

31  or the department when there is no board, is satisfied the

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  1  licensee has successfully completed an approved treatment

  2  program.

  3         4.  The licensee has executed releases for medical

  4  records, authorizing the release of all records of

  5  evaluations, diagnoses, and treatment of the licensee,

  6  including records of treatment for emotional or mental

  7  conditions, to the consultant. The consultant shall make no

  8  copies or reports of records that do not regard the issue of

  9  the licensee's impairment and his or her participation in a

10  treatment program.

11         (b)  If, however, the department has not received a

12  legally sufficient complaint and the licensee agrees to

13  withdraw from practice until such time as the consultant

14  determines the licensee has satisfactorily completed an

15  approved treatment program or evaluation, the probable cause

16  panel, or the department when there is no board, shall not

17  become involved in the licensee's case.

18         (c)  Inquiries related to impairment treatment programs

19  designed to provide information to the licensee and others and

20  which do not indicate that the licensee presents a danger to

21  the public shall not constitute a complaint within the meaning

22  of s. 455.621 and shall be exempt from the provisions of this

23  subsection.

24         (d)  Whenever the department receives a legally

25  sufficient complaint alleging that a licensee is impaired as

26  described in paragraph (a) and no complaint against the

27  licensee other than impairment exists, the department shall

28  forward all information in its possession regarding the

29  impaired licensee to the consultant. For the purposes of this

30  section, a suspension from hospital staff privileges due to

31  the impairment does not constitute a complaint.

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  1         (e)  The probable cause panel, or the department when

  2  there is no board, shall work directly with the consultant,

  3  and all information concerning a practitioner obtained from

  4  the consultant by the panel, or the department when there is

  5  no board, shall remain confidential and exempt from the

  6  provisions of s. 119.07(1), subject to the provisions of

  7  subsections (5) and (6).

  8         (f)  A finding of probable cause shall not be made as

  9  long as the panel, or the department when there is no board,

10  is satisfied, based upon information it receives from the

11  consultant and the department, that the licensee is

12  progressing satisfactorily in an approved impaired

13  practitioner treatment program and no other complaint against

14  the licensee exists.

15         Section 13.  Subsection (1) of section 310.102, Florida

16  Statutes, is amended to read:

17         310.102  Treatment programs for impaired pilots and

18  deputy pilots.--

19         (1)  The department shall, by rule, designate approved

20  treatment programs for impaired pilots and deputy pilots under

21  this section. The department may adopt rules setting forth

22  appropriate criteria for approval of treatment providers based

23  on the policies and guidelines established by the Impaired

24  Practitioners Committee under s. 455.704.

25         Section 14.  Section 455.711, Florida Statutes, is

26  amended to read:

27         455.711  Licenses; active and inactive and delinquent

28  status; delinquency.--

29         (1)  A licensee may practice a profession only if the

30  licensee has an active status license. A licensee who

31  practices a profession without an active status license is in

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  1  violation of this section and s. 455.624, and the board, or

  2  the department if there is no board, may impose discipline on

  3  the licensee.

  4         (2)  Each board, or the department if there is no

  5  board, shall permit a licensee to choose, at the time of

  6  licensure renewal, an active or inactive status. However, a

  7  licensee who changes from inactive to active status is not

  8  eligible to return to inactive status until the licensee

  9  thereafter completes a licensure cycle on active status.

10         (3)  Each board, or the department if there is no

11  board, shall by rule impose a fee for renewal of an active or

12  inactive status license. The renewal fee for an inactive

13  status license may not exceed which is no greater than the fee

14  for an active status license.

15         (4)  Notwithstanding any other provision of law to the

16  contrary, a licensee may change licensure status at any time.

17         (a)  Active status licensees choosing inactive status

18  at the time of license renewal must pay the inactive status

19  renewal fee, and, if applicable, the delinquency fee and the

20  fee to change licensure status. Active status licensees

21  choosing inactive status at any other time than at the time of

22  license renewal must pay the fee to change licensure status.

23         (b)  An inactive status licensee may change to active

24  status at any time, if the licensee meets all requirements for

25  active status, pays any additional licensure fees necessary to

26  equal those imposed on an active status licensee, pays any

27  applicable reactivation fees as set by the board, or the

28  department if there is no board, and meets all continuing

29  education requirements as specified in this section. Inactive

30  status licensees choosing active status at the time of license

31  renewal must pay the active status renewal fee, any applicable

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  1  reactivation fees as set by the board, or the department if

  2  there is no board, and, if applicable, the delinquency fee and

  3  the fee to change licensure status. Inactive status licensees

  4  choosing active status at any other time than at the time of

  5  license renewal must pay the difference between the inactive

  6  status renewal fee and the active status renewal fee, if any

  7  exists, any applicable reactivation fees as set by the board,

  8  or the department if there is no board, and the fee to change

  9  licensure status.

10         (5)  A licensee must apply with a complete application,

11  as defined by rule of the board, or the department if there is

12  no board, to renew an active status or inactive status license

13  before the license expires. If a licensee fails to renew

14  before the license expires, the license becomes delinquent in

15  the license cycle following expiration.

16         (6)  A delinquent status licensee must affirmatively

17  apply with a complete application, as defined by rule of the

18  board, or the department if there is no board, for active or

19  inactive status during the licensure cycle in which a licensee

20  becomes delinquent. Failure by a delinquent status licensee to

21  become active or inactive before the expiration of the current

22  licensure cycle renders the license null without any further

23  action by the board or the department. Any subsequent

24  licensure shall be as a result of applying for and meeting all

25  requirements imposed on an applicant for new licensure.

26         (7)  Each board, or the department if there is no

27  board, shall by rule impose an additional delinquency fee, not

28  to exceed the biennial renewal fee for an active status

29  license, on a delinquent status licensee when such licensee

30  applies for active or inactive status.

31

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  1         (8)  Each board, or the department if there is no

  2  board, shall by rule impose an additional fee, not to exceed

  3  the biennial renewal fee for an active status license, for

  4  processing a licensee's request to change licensure status at

  5  any time other than at the beginning of a licensure cycle.

  6         (9)  Each board, or the department if there is no

  7  board, may by rule impose reasonable conditions, excluding

  8  full reexamination but including part of a national

  9  examination or a special purpose examination to assess current

10  competency, necessary to ensure that a licensee who has been

11  on inactive status for more than two consecutive biennial

12  licensure cycles and who applies for active status can

13  practice with the care and skill sufficient to protect the

14  health, safety, and welfare of the public. Reactivation

15  requirements may differ depending on the length of time

16  licensees are inactive. The costs to meet reactivation

17  requirements shall be borne by licensees requesting

18  reactivation.

19         (10)  Before reactivation, an inactive status licensee

20  or a delinquent licensee who was inactive prior to becoming

21  delinquent must meet the same continuing education

22  requirements, if any, imposed on an active status licensee for

23  all biennial licensure periods in which the licensee was

24  inactive or delinquent.

25         (11)  The status or a change in status of a licensee

26  does not alter in any way the right of the board, or of the

27  department if there is no board, to impose discipline or to

28  enforce discipline previously imposed on a licensee for acts

29  or omissions committed by the licensee while holding a

30  license, whether active, inactive, or delinquent.

31

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  1         (12)  This section does not apply to a business

  2  establishment registered, permitted, or licensed by the

  3  department to do business.

  4         (13)  The board, or the department when there is no

  5  board, may adopt rules pursuant to ss. 120.536(1) and 120.54

  6  as necessary to implement this section.

  7         Section 15.  Subsection (3) of section 455.587, Florida

  8  Statutes, is amended to read:

  9         455.587  Fees; receipts; disposition.--

10         (3)  Each board, or the department if there is no

11  board, may, by rule, assess and collect a one-time fee from

12  each active status licensee and each voluntary inactive status

13  licensee in an amount necessary to eliminate a cash deficit

14  or, if there is not a cash deficit, in an amount sufficient to

15  maintain the financial integrity of the professions as

16  required in this section. Not more than one such assessment

17  may be made in any 4-year period without specific legislative

18  authorization.

19         Section 16.  Subsection (1) of section 455.714, Florida

20  Statutes, is amended to read:

21         455.714  Renewal and cancellation notices.--

22         (1)  At least 90 days before the end of a licensure

23  cycle, the department shall:

24         (a)  Forward a licensure renewal notification to an

25  active or inactive status licensee at the licensee's last

26  known address of record with the department.

27         (b)  Forward a notice of pending cancellation of

28  licensure to a delinquent status licensee at the licensee's

29  last known address of record with the department.

30         Section 17.  Section 455.719, Florida Statutes, is

31  created to read:

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  1         455.719  Health care professionals; exemption from

  2  disqualification from employment or contracting.--Any other

  3  provision of law to the contrary notwithstanding, only the

  4  appropriate regulatory board, or the department when there is

  5  no board, may grant an exemption from disqualification from

  6  employment or contracting as provided in s. 435.07 to a person

  7  under the licensing jurisdiction of that board or the

  8  department, as applicable.

  9         Section 18.  Paragraph (a) of subsection (4) of section

10  943.0585, Florida Statutes, is amended to read:

11         943.0585  Court-ordered expunction of criminal history

12  records.--The courts of this state have jurisdiction over

13  their own procedures, including the maintenance, expunction,

14  and correction of judicial records containing criminal history

15  information to the extent such procedures are not inconsistent

16  with the conditions, responsibilities, and duties established

17  by this section.  Any court of competent jurisdiction may

18  order a criminal justice agency to expunge the criminal

19  history record of a minor or an adult who complies with the

20  requirements of this section.  The court shall not order a

21  criminal justice agency to expunge a criminal history record

22  until the person seeking to expunge a criminal history record

23  has applied for and received a certificate of eligibility for

24  expunction pursuant to subsection (2).  A criminal history

25  record that relates to a violation of chapter 794, s. 800.04,

26  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

27  violation enumerated in s. 907.041 may not be expunged,

28  without regard to whether adjudication was withheld, if the

29  defendant was found guilty of or pled guilty or nolo

30  contendere to the offense, or if the defendant, as a minor,

31  was found to have committed, or pled guilty or nolo contendere

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  1  to committing, the offense as a delinquent act. The court may

  2  only order expunction of a criminal history record pertaining

  3  to one arrest or one incident of alleged criminal activity,

  4  except as provided in this section. The court may, at its sole

  5  discretion, order the expunction of a criminal history record

  6  pertaining to more than one arrest if the additional arrests

  7  directly relate to the original arrest. If the court intends

  8  to order the expunction of records pertaining to such

  9  additional arrests, such intent must be specified in the

10  order. A criminal justice agency may not expunge any record

11  pertaining to such additional arrests if the order to expunge

12  does not articulate the intention of the court to expunge a

13  record pertaining to more than one arrest. This section does

14  not prevent the court from ordering the expunction of only a

15  portion of a criminal history record pertaining to one arrest

16  or one incident of alleged criminal activity.  Notwithstanding

17  any law to the contrary, a criminal justice agency may comply

18  with laws, court orders, and official requests of other

19  jurisdictions relating to expunction, correction, or

20  confidential handling of criminal history records or

21  information derived therefrom.  This section does not confer

22  any right to the expunction of any criminal history record,

23  and any request for expunction of a criminal history record

24  may be denied at the sole discretion of the court.

25         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

26  criminal history record of a minor or an adult which is

27  ordered expunged by a court of competent jurisdiction pursuant

28  to this section must be physically destroyed or obliterated by

29  any criminal justice agency having custody of such record;

30  except that any criminal history record in the custody of the

31  department must be retained in all cases. A criminal history

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  1  record ordered expunged that is retained by the department is

  2  confidential and exempt from the provisions of s. 119.07(1)

  3  and s. 24(a), Art. I of the State Constitution and not

  4  available to any person or entity except upon order of a court

  5  of competent jurisdiction. A criminal justice agency may

  6  retain a notation indicating compliance with an order to

  7  expunge.

  8         (a)  The person who is the subject of a criminal

  9  history record that is expunged under this section or under

10  other provisions of law, including former s. 893.14, former s.

11  901.33, and former s. 943.058, may lawfully deny or fail to

12  acknowledge the arrests covered by the expunged record, except

13  when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.059;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

28  415.1075(4), s. 985.407, or chapter 400; or

29         6.  Is seeking to be employed or licensed by the Office

30  of Teacher Education, Certification, Staff Development, and

31  Professional Practices of the Department of Education, any

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  1  district school board, or any local governmental entity that

  2  licenses child care facilities; or.

  3         7.  Is seeking to be employed or licensed by or to

  4  contract with the Department of Health or to be employed or

  5  used by such contractor or licensee in a sensitive position

  6  having direct contact with children, the developmentally

  7  disabled, the aged, or the elderly as provided in s.

  8  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

  9  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

10  415.1075(4), s. 985.407, or chapter 400.

11         Section 19.  Pursuant to section 187 of chapter 99-397,

12  Laws of Florida, the Agency for Health Care Administration was

13  directed to conduct a detailed study and analysis of clinical

14  laboratory services for kidney dialysis patients in the State

15  of Florida and to report back to the Legislature no later than

16  February 1, 2000. The agency reported that additional time and

17  investigative resources were necessary to adequately respond

18  to the legislative directives. Therefore, the sum of $230,000

19  from the Agency for Health Care Administration Tobacco

20  Settlement Trust Fund is appropriated to the Agency for Health

21  Care Administration to contract with the University of South

22  Florida to conduct a review of laboratory test utilization,

23  any self-referral to clinical laboratories, financial

24  arrangements among kidney dialysis centers, their medical

25  directors, referring physicians, and any business

26  relationships and affiliations with clinical laboratories, and

27  the quality and effectiveness of kidney dialysis treatment in

28  this state. A report on the findings from such review shall be

29  presented to the President of the Senate, the Speaker of the

30  House of Representatives, and the chairs of the appropriate

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  1  substantive committees of the Legislature no later than

  2  February 1, 2001.

  3         Section 20.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Amends provisions relating to general regulatory
  4    administration of the health care professions by the
      Department of Health. Revises general licensing
  5    provisions for professions under the jurisdiction of the
      department. Provides for processing of applications from
  6    foreign or nonresident applicants not yet having a social
      security number and provides for temporary licensure of
  7    such applicants. Revises provisions relating to ongoing
      criminal investigations or prosecutions. Requires proof
  8    of restoration of civil rights under certain
      circumstances. Authorizes requirement for a personal
  9    appearance prior to the grant or denial of a license.
      Provides for tolling of application decision deadlines
10    under certain circumstances. Eliminates duplicative
      submission of fingerprints and other information required
11    for criminal history checks and provides in lieu thereof
      for access to criminal history information through the
12    department's health care practitioner credentialing
      system. Requires all health care practitioners seeking
13    licensure or renewed licensure in a profession under
      jurisdiction of the department to submit information and
14    fingerprints for profiling purposes. Authorizes the
      department to publish certain information in practitioner
15    profiles. Provides the department access to information
      on health care practitioners maintained by the Agency for
16    Health Care Administration for corroboration purposes.
      Expands the prohibition against sexual misconduct to
17    cover violations against guardians and representatives of
      patients or clients. Provides for determination of the
18    amount of the examination fee when the board or
      department purchases the examination. Revises and
19    provides grounds for disciplinary action relating to
      having a license to practice a regulated health care
20    profession acted against, sexual misconduct, inability to
      practice properly due to alcohol or substance abuse or a
21    mental or physical condition, and testing positive for a
      drug without a lawful prescription therefor. Provides for
22    restriction of license as a disciplinary action. Reenacts
      provisions relating to theft or reproduction of an
23    examination, giving false information, disclosure of
      confidential information, business establishments
24    providing regulated services without an active status
      license, and practice violations by physician assistants,
25    nursing home administrators, athletic trainers,
      orthotists, prosthetists, pedorthists, and hearing aid
26    specialists, to incorporate the additional disciplinary
      grounds and penalty. Provides for issuance of a citation
27    and assessment of a fine for first-time violation of a
      practice act for unprofessional conduct where no actual
28    harm to the patient occurred. Repeals the Impaired
      Practitioners Committee, and revises and clarifies
29    provisions relating to impaired practitioners, to
      conform. Revises provisions relating to active and
30    inactive status licensure to clarify such provisions and
      to eliminate reference to delinquency as a licensure
31    status. Provides that the appropriate medical regulatory
      board, or the department when there is no board, has
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  1    exclusive authority to grant exemptions from
      disqualification from employment or contracting with
  2    respect to persons under the licensing jurisdiction of
      that board or the department, as applicable. Provides
  3    expunged criminal history records to the department under
      certain circumstances. Provides an appropriation for
  4    continued review of clinical laboratory services for
      kidney dialysis patients and requires a report thereon.
  5    See bill for details.

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