House Bill hb1579
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1579
By Representative Flanagan
1 A bill to be entitled
2 An act relating to health care practitioners;
3 amending s. 456.072, F.S.; providing that
4 failure to disclose medical training in
5 advertisements or to patients in informed
6 consent forms constitutes a ground for
7 discipline of a health care practitioner;
8 providing penalties; amending s. 458.309, F.S.;
9 providing requirements for approval of boards
10 granting medical specialty certification;
11 amending s. 458.331, F.S.; including failure to
12 disclose medical training in advertisements and
13 informed consent forms within the disciplinary
14 ground of false, deceptive, or misleading
15 advertising applicable to physicians; providing
16 penalties; amending s. 459.005, F.S.; providing
17 requirements for approval of boards granting
18 osteopathic medical specialty certification;
19 amending s. 459.015, F.S.; including failure to
20 disclose medical training in advertisements and
21 informed consent forms within the disciplinary
22 ground of false, deceptive, or misleading
23 advertising applicable to osteopathic
24 physicians; providing penalties; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (aa) is added to subsection (1)
30 of section 456.072, Florida Statutes, to read:
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Florida House of Representatives - 2001 HB 1579
570-177-01
1 456.072 Grounds for discipline; penalties;
2 enforcement.--
3 (1) The following acts shall constitute grounds for
4 which the disciplinary actions specified in subsection (2) may
5 be taken:
6 (aa) Failing to provide, in any advertisement or to
7 any patient no later than at the time of initiation of the
8 professional relationship as evidenced by the execution of an
9 informed consent form, at a minimum, the type of license under
10 which the practitioner is operating, whether the practitioner
11 is board certified by a board recognized and approved by the
12 practitioner's licensing agency, the name of any such board,
13 and all fields in which the practitioner has completed
14 postgraduate training.
15 Section 2. Paragraph (d) is added to subsection (2) of
16 section 458.309, Florida Statutes, to read:
17 458.309 Authority to make rules.--
18 (2)
19 (d) In any rules which the board adopts relating to
20 board certification, "board" shall mean a board approved by
21 the American Board of Medical Specialties or the Board of
22 Medicine. The Board of Medicine may only approve those boards
23 that provide evidence that their criteria for board
24 certification is comparable to the criteria established by the
25 American Board of Medical Specialties.
26 Section 3. Paragraph (d) of subsection (1) of section
27 458.331, Florida Statutes, is amended to read:
28 458.331 Grounds for disciplinary action; action by the
29 board and department.--
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Florida House of Representatives - 2001 HB 1579
570-177-01
1 (1) The following acts shall constitute grounds for
2 which the disciplinary actions specified in subsection (2) may
3 be taken:
4 (d) False, deceptive, or misleading advertising, which
5 shall include, but not be limited to, the dissemination of any
6 advertisement or informed consent form that does not include,
7 at a minimum, whether the physician is board certified by a
8 board approved by the American Board of Medical Specialties or
9 the Board of Medicine, the name of any such board, and all
10 fields in which the physician has completed a postgraduate
11 training program approved by the American Council on Graduate
12 Medical Education.
13 Section 4. Subsection (2) of section 459.005, Florida
14 Statutes, is renumbered as subsection (3), and a new
15 subsection (2) is added to said section to read:
16 459.005 Rulemaking authority.--
17 (2) In any rules which the board adopts relating to
18 board certification, "board" shall mean a board approved by
19 the American Board of Osteopathic Medical Specialties or the
20 Board of Osteopathic Medicine. The Board of Osteopathic
21 Medicine may only approve those boards that provide evidence
22 that their criteria for board certification is comparable to
23 the criteria established by the American Board of Osteopathic
24 Medical Specialties.
25 Section 5. Paragraph (d) of subsection (1) of section
26 459.015, Florida Statutes, is amended to read:
27 459.015 Grounds for disciplinary action; action by the
28 board and department.--
29 (1) The following acts shall constitute grounds for
30 which the disciplinary actions specified in subsection (2) may
31 be taken:
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Florida House of Representatives - 2001 HB 1579
570-177-01
1 (d) False, deceptive, or misleading advertising, which
2 shall include, but not be limited to, the dissemination of any
3 advertisement or informed consent form that does not include,
4 at a minimum, whether the osteopathic physician is board
5 certified by a board approved by the American Board of
6 Osteopathic Medical Specialties or the Board of Osteopathic
7 Medicine, the name of any such board, and all fields in which
8 the osteopathic physician has completed a postgraduate
9 training program approved by the American Osteopathic
10 Association.
11 Section 6. This act shall take effect October 1, 2001.
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14 HOUSE SUMMARY
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Provides that failure to disclose medical training in
16 advertisements and to patients in informed consent forms
constitutes a ground for discipline of a health care
17 practitioner. Includes such provision within the
disciplinary ground of false, deceptive, or misleading
18 advertising applicable to physicians and osteopathic
physicians. Provides requirements for approval of boards
19 granting medical specialty certification to physicians
and osteopathic physicians.
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