HOUSE AMENDMENT
                                                  Bill No. HB 1867
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Council for Healthy Communities offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  It is the intent of the Legislature that
18  the Medical Quality Assurance Trust Fund should be
19  administered in a fiscally responsible manner. It is also the
20  intent of the Legislature that the Department of Health reduce
21  expenses wherever possible to ensure that the cost of
22  regulation is reasonable and fair and does not serve as a
23  barrier to licensure in this state. The Legislature adopts
24  findings 1, 2, 4, 5, and 8 and the recommendations of the
25  Auditor General's Medical Quality Assurance Operational Audit
26  Report Number 01-063. In addition, the Legislature adopts
27  recommendations 1, 2, 4, 5, and 7 of the Florida Senate
28  Committee on Fiscal Policy Interim Project Report 2001-016.
29         Section 2.  The Auditor General shall conduct a
30  followup audit to the Medical Quality Assurance Operational
31  Audit Report Number 01-063 to determine if the Department of
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    File original & 9 copies    04/20/01                          
    hhr0003                     12:28 pm         01867-hcc -183531

HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 Health has implemented the recommendations of that report. The 2 Auditor General shall complete the followup audit and issue a 3 report to the President of the Senate and the Speaker of the 4 House of Representatives no later than January 31, 2002. 5 Section 3. The Office of Program Policy Analysis and 6 Government Accountability shall study the feasibility of 7 maintaining the entire Medical Quality Assurance function, 8 including enforcement, within a single department. The study 9 shall be completed and a report issued to the President of the 10 Senate and the Speaker of the House of Representatives no 11 later than November 30, 2001. 12 Section 4. Subsection (1) of section 456.004, Florida 13 Statutes, is amended, and subsection (10) is added to that 14 section, to read: 15 456.004 Department; powers and duties.--The 16 department, for the professions under its jurisdiction, shall: 17 (1) Adopt rules establishing a procedure for the 18 biennial renewal of licenses; however, the department may 19 issue up to a 4-year license to selected licensees 20 notwithstanding any other provisions of law to the contrary. 21 The rules shall specify the expiration dates of licenses and 22 the process for tracking compliance with continuing education 23 requirements, financial responsibility requirements, and any 24 other conditions of renewal set forth in statute or rule. Fees 25 for such renewal shall not exceed the fee caps for individual 26 professions on an annualized basis as authorized by law. 27 (10) Set an examination fee that includes all costs to 28 develop, purchase, validate, administer, and defend the 29 examination and is an amount certain to cover all 30 administrative costs plus the actual per-applicant cost of the 31 examination. 2 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 Section 5. Section 456.025, Florida Statutes, is 2 amended to read: 3 456.025 Fees; receipts; disposition.-- 4 (1) It is the intent of the Legislature that all costs 5 of regulating health care professions and practitioners shall 6 be borne solely by licensees and licensure applicants. It is 7 also the intent of the Legislature that fees should be 8 reasonable and not serve as a barrier to licensure. Moreover, 9 it is the intent of the Legislature that the department 10 operate as efficiently as possible and regularly report to the 11 Legislature additional methods to streamline operational 12 costs. Therefore, the boards in consultation with the 13 department, or the department if there is no board, shall, by 14 rule, set renewal fees which: 15 (a) Shall be based on revenue projections prepared 16 using generally accepted accounting procedures; 17 (b) Shall be adequate to cover all expenses relating 18 to that board identified in the department's long-range policy 19 plan, as required by s. 456.005; 20 (c) Shall be reasonable, fair, and not serve as a 21 barrier to licensure; 22 (d) Shall be based on potential earnings from working 23 under the scope of the license; 24 (e) Shall be similar to fees imposed on similar 25 licensure types; 26 (f) Shall not be more than 10% greater than the fee 27 imposed for the previous biennium; 28 (g) Shall not be more than 10% greater than the actual 29 cost to regulate that profession for the previous biennium; 30 and 31 (h) Shall be subject to challenge pursuant to chapter 3 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 120. 2 (2) The chairpersons of the boards and councils listed 3 in s. 20.43(3)(g), shall meet annually at division 4 headquarters to review the long-range policy plan required by 5 s. 456.005 and current and proposed fee schedules. The 6 chairpersons shall make recommendations for any necessary 7 statutory changes relating to fees and fee caps. Such 8 recommendations shall be compiled by the Department of Health 9 and be included in the annual report to the Legislature 10 required by s. 456.026 as well as be included in the 11 long-range policy plan required by s. 456.005. 12 (2)(1) Each board within the jurisdiction of the 13 department, or the department when there is no board, shall 14 determine by rule the amount of license fees for the 15 profession it regulates, based upon long-range estimates 16 prepared by the department of the revenue required to 17 implement laws relating to the regulation of professions by 18 the department and the board. Each board, or the department 19 if there is no board, shall ensure that license fees are 20 adequate to cover all anticipated costs and to maintain a 21 reasonable cash balance, as determined by rule of the agency, 22 with advice of the applicable board. If sufficient action is 23 not taken by a board within 1 year after notification by the 24 department that license fees are projected to be inadequate, 25 the department shall set license fees on behalf of the 26 applicable board to cover anticipated costs and to maintain 27 the required cash balance. The department shall include 28 recommended fee cap increases in its annual report to the 29 Legislature. Further, it is the legislative intent that no 30 regulated profession operate with a negative cash balance. The 31 department may provide by rule for advancing sufficient funds 4 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 to any profession operating with a negative cash balance. The 2 advancement may be for a period not to exceed 2 consecutive 3 years, and the regulated profession must pay interest. 4 Interest shall be calculated at the current rate earned on 5 investments of a trust fund used by the department to 6 implement this chapter. Interest earned shall be allocated to 7 the various funds in accordance with the allocation of 8 investment earnings during the period of the advance. 9 (3)(2) Each board, or the department if there is no 10 board, may charge a fee not to exceed $25, as determined by 11 rule, for the issuance of a wall certificate pursuant to s. 12 456.013(2) requested by a licensee who was licensed prior to 13 July 1, 1998, or for the issuance of a duplicate wall 14 certificate requested by any licensee. 15 (4)(3) Each board, or the department if there is no 16 board, may, by rule, assess and collect a one-time fee from 17 each active status licensee and each inactive status licensee 18 in an amount necessary to eliminate a cash deficit or, if 19 there is not a cash deficit, in an amount sufficient to 20 maintain the financial integrity of the professions as 21 required in this section. Not more than one such assessment 22 may be made in any 4-year period without specific legislative 23 authorization. 24 (5) If the cash balance of the trust fund at the end 25 of any fiscal year exceeds the total appropriation provided 26 for the regulation of the health care professions in the prior 27 fiscal year, the boards, in consultation with the department, 28 may lower the license renewal fees. 29 (6)(4) Each board authorized to approve continuing 30 education providers, or the department if there is no board, 31 shall may establish, by rule, a fee not to exceed $250 for 5 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 anyone seeking approval to provide continuing education 2 courses or programs and shall may establish by rule a biennial 3 renewal fee not to exceed $250 for the renewal of providership 4 of such courses. The fees collected from continuing education 5 providers shall be used for the purposes of reviewing course 6 provider applications, monitoring the integrity of the courses 7 provided, covering legal expenses incurred as a result of not 8 granting or renewing a providership, and developing and 9 maintaining an electronic continuing education tracking 10 system. The department shall implement an electronic 11 continuing education tracking system for each new biennial 12 renewal cycle for which electronic renewals are implemented 13 after the effective date of this act and shall integrate such 14 system into the licensure and renewal system. All approved 15 continuing education providers shall provide information on 16 course attendance to the department necessary to implement the 17 electronic tracking system. The department shall, by rule, 18 specify the form and procedures by which the information is to 19 be submitted. This subsection does not apply to continuing 20 education courses or providers approved by the board under 21 chapter 465. 22 (7)(5) All moneys collected by the department from 23 fees or fines or from costs awarded to the agency by a court 24 shall be paid into a trust fund used by the department to 25 implement this chapter. The Legislature shall appropriate 26 funds from this trust fund sufficient to carry out this 27 chapter and the provisions of law with respect to professions 28 regulated by the Division of Medical Quality Assurance within 29 the department and the boards. The department may contract 30 with public and private entities to receive and deposit 31 revenue pursuant to this section. The department shall 6 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 maintain separate accounts in the trust fund used by the 2 department to implement this chapter for every profession 3 within the department. To the maximum extent possible, the 4 department shall directly charge all expenses to the account 5 of each regulated profession. For the purpose of this 6 subsection, direct charge expenses include, but are not 7 limited to, costs for investigations, examinations, and legal 8 services. For expenses that cannot be charged directly, the 9 department shall provide for the proportionate allocation 10 among the accounts of expenses incurred by the department in 11 the performance of its duties with respect to each regulated 12 profession. The regulation by the department of professions, 13 as defined in this chapter, shall be financed solely from 14 revenue collected by it from fees and other charges and 15 deposited in the Medical Quality Assurance Trust Fund, and all 16 such revenue is hereby appropriated to the department. 17 However, it is legislative intent that each profession shall 18 operate within its anticipated fees. The department may not 19 expend funds from the account of a profession to pay for the 20 expenses incurred on behalf of another profession, except that 21 the Board of Nursing must pay for any costs incurred in the 22 regulation of certified nursing assistants. The department 23 shall maintain adequate records to support its allocation of 24 agency expenses. The department shall provide any board with 25 reasonable access to these records upon request. On or before 26 October 1 of each year, the department shall provide each 27 board an annual report of revenue and direct and allocated 28 expenses related to the operation of that profession. The 29 board shall use these reports and the department's adopted 30 long-range plan to determine the amount of license fees. A 31 condensed version of this information, with the department's 7 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 recommendations, shall be included in the annual report to the 2 Legislature prepared under s. 456.026. 3 (8)(6) The department shall provide a condensed 4 management report of budgets, finances, performance 5 statistics, and recommendations to each board at least once a 6 quarter. The department shall identify and include in such 7 presentations any changes, or projected changes, made to the 8 board's budget since the last presentation. 9 (9)(7) If a duplicate license is required or requested 10 by the licensee, the board or, if there is no board, the 11 department may charge a fee as determined by rule not to 12 exceed $25 before issuance of the duplicate license. 13 (10)(8) The department or the appropriate board shall 14 charge a fee not to exceed $25 for the certification of a 15 public record. The fee shall be determined by rule of the 16 department. The department or the appropriate board shall 17 assess a fee for duplicating a public record as provided in s. 18 119.07(1)(a) and (b). 19 Section 6. Subsections (1) of section 457.107, Florida 20 Statutes, is amended to read: 21 457.107 Renewal of licenses; continuing education.-- 22 (1) The department shall renew a license upon receipt 23 of the renewal application and the required fee set by the 24 board by rule, not to exceed $500. 25 Section 7. Section 458.31151, Florida Statutes, is 26 repealed. 27 Section 8. Subsection (1) of section 483.807, Florida 28 Statutes, is amended to read: 29 483.807 Fees; establishment; disposition.-- 30 (1) The board, by rule, shall establish fees to be 31 paid for application, examination, reexamination, licensing 8 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 and renewal, registration, laboratory training program 2 application, reinstatement, and recordmaking and 3 recordkeeping. The board may also establish, by rule, a 4 delinquency fee. The board shall establish fees that are 5 adequate to ensure the continued operation of the board and to 6 fund the proportionate expenses incurred by the department in 7 carrying out its licensure and other related responsibilities 8 under this part. Fees shall be based on departmental estimates 9 of the revenue required to implement this part and the 10 provisions of law with respect to the regulation of clinical 11 laboratory personnel. 12 Section 9. Subsections (1), (3), and (4) of section 13 456.011, Florida Statutes, are amended to read: 14 456.011 Boards; organization; meetings; compensation 15 and travel expenses.-- 16 (1) Each board within the department shall comply with 17 the provisions of this chapter section. 18 (3) The board shall meet at least once annually and 19 may meet as often as is necessary. Meetings shall be conducted 20 through teleconferencing or other technological means, unless 21 disciplinary hearings involving standard of care, sexual 22 misconduct, fraud, impairment, or felony convictions; 23 licensure denial hearings; or controversial rule hearings are 24 being conducted; or unless otherwise approved in advance of 25 the meeting by the director of the Division of Medical Quality 26 Assurance. The chairperson or a quorum of the board shall have 27 the authority to call other meetings, except as provided above 28 relating to in-person meetings. A quorum shall be necessary 29 for the conduct of official business by the board or any 30 committee thereof. Unless otherwise provided by law, 51 31 percent or more of the appointed members of the board or any 9 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 committee, when applicable, shall constitute a quorum. The 2 membership of committees of the board, except as otherwise 3 authorized pursuant to this chapter or the applicable practice 4 act, shall be composed of currently appointed members of the 5 board. The vote of a majority of the members of the quorum 6 shall be necessary for any official action by the board or 7 committee. Three consecutive unexcused absences or absences 8 constituting 50 percent or more of the board's meetings within 9 any 12-month period shall cause the board membership of the 10 member in question to become void, and the position shall be 11 considered vacant. The board, or the department when there is 12 no board, shall, by rule, define unexcused absences. 13 (4) Unless otherwise provided by law, a board member 14 or former board member serving on a probable cause panel shall 15 be compensated $50 for each day in attendance at an official 16 meeting of the board and for each day of participation in any 17 other business involving the board. Each board shall adopt 18 rules defining the phrase "other business involving the 19 board," but the phrase may not routinely be defined to include 20 telephone conference calls that last less than 4 hours. A 21 board member also shall be entitled to reimbursement for 22 expenses pursuant to s. 112.061. Travel out of state shall 23 require the prior approval of the secretary. 24 Section 10. Subsection (2) of section 456.013, Florida 25 Statutes, is amended to read: 26 456.013 Department; general licensing provisions.-- 27 (2) Before the issuance of any license, the department 28 shall may charge an initial license fee as determined by rule 29 of the applicable board or, if no such board exists, by rule 30 of the department. Upon receipt of the appropriate license 31 fee, the department shall issue a license to any person 10 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 certified by the appropriate board, or its designee, as having 2 met the licensure requirements imposed by law or rule. The 3 license shall consist of a wallet-size identification card and 4 a wall card measuring 6 1/2 inches by 5 inches. In addition 5 to the two-part license, the department, at the time of 6 initial licensure, shall issue a wall certificate suitable for 7 conspicuous display, which shall be no smaller than 8 1/2 8 inches by 14 inches. The licensee shall surrender to the 9 department the wallet-size identification card, the wall card, 10 and the wall certificate, if one has been issued by the 11 department, if the licensee's license is revoked. 12 Section 11. Section 456.017, Florida Statutes, is 13 amended to read: 14 456.017 Department of Health; examinations.-- 15 (1)(a) The department shall provide, contract, or 16 approve services for the development, preparation, 17 administration, scoring, score reporting, and evaluation of 18 all examinations, in consultation with the appropriate board. 19 The department shall certify that examinations developed and 20 approved by the department adequately and reliably measure an 21 applicant's ability to practice the profession regulated by 22 the department. After an examination developed or approved by 23 the department has been administered, the board, or the 24 department when there is no board, may reject any question 25 which does not reliably measure the general areas of 26 competency specified in the rules of the board. The department 27 may contract for the preparation, administration, scoring, 28 score reporting, and evaluation of examinations, when such 29 services are available and approved by the board. 30 (b) For each examination developed by the department 31 or contracted vendor, to the extent not otherwise specified by 11 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 statute, the board, or the department when there is no board, 2 shall by rule specify the general areas of competency to be 3 covered by each examination, the relative weight to be 4 assigned in grading each area tested, and the score necessary 5 to achieve a passing grade. The department shall assess, and 6 fees, where applicable, to cover the actual cost for any 7 purchase, development, validation, and administration, and 8 defense of required examinations. This subsection does not 9 apply to national examinations approved and administered 10 pursuant to paragraph (c). If a practical examination is 11 deemed to be necessary, the rules shall specify the criteria 12 by which examiners are to be selected, the grading criteria to 13 be used by the examiner, the relative weight to be assigned in 14 grading each criterion, and the score necessary to achieve a 15 passing grade. When a mandatory standardization exercise for a 16 practical examination is required by law, the board, or the 17 department when there is no board, may conduct such exercise. 18 Therefore, board members, or employees of the department when 19 there is no board, may serve as examiners at a practical 20 examination with the consent of the board or department, as 21 appropriate. 22 (c)1. The board, or the department when there is no 23 board, shall may approve by rule the use of one or more any 24 national examinations examination which the department has 25 certified as meeting requirements of national examinations and 26 generally accepted testing standards pursuant to department 27 rules. Providers of examinations seeking certification by the 28 department shall pay the actual costs incurred by the 29 department in making a determination regarding the 30 certification. The name and number of a candidate may be 31 provided to a national contractor for the limited purpose of 12 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 preparing the grade tape and information to be returned to the 2 board or department; or, to the extent otherwise specified by 3 rule, the candidate may apply directly to the vendor of the 4 national examination and supply test score information to the 5 department. The department may delegate to the board the duty 6 to provide and administer the examination. Any national 7 examination approved by a board, or the department when there 8 is no board, prior to October 1, 1997, is deemed certified 9 under this paragraph. 10 2. The board, or the department when there is no 11 board, shall approve and begin administering a national 12 examination no later than December 31, 2001. Neither the board 13 nor the department may administer a state-developed written 14 examination after December 31, 2001, notwithstanding any other 15 provision of law. The examination may be administered 16 electronically if adequate security measures are used, as 17 determined by rule of the department. 18 3. The board, or the department when there is no 19 board, may administer a state-developed practical or clinical 20 examination, as required by the applicable practice act, if 21 all costs of development, purchase, validation, 22 administration, review, and defense are paid by the 23 examination candidate prior to the administration of the 24 examination. If a national practical or clinical examination 25 is available and certified by the department pursuant to this 26 section, the board, or the department when there is no board, 27 may administer the national examination. 28 4. It is the intent of the Legislature to reduce the 29 costs associated with state examinations and to encourage the 30 use of national examinations whenever possible. 31 (d) Each board, or the department when there is no 13 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 board, shall adopt rules regarding the security and monitoring 2 of examinations. The department shall implement those rules 3 adopted by the respective boards. In order to maintain the 4 security of examinations, the department may employ the 5 procedures set forth in s. 456.065 to seek fines and 6 injunctive relief against an examinee who violates the 7 provisions of s. 456.018 or the rules adopted pursuant to this 8 paragraph. The department, or any agent thereof, may, for the 9 purposes of investigation, confiscate any written, 10 photographic, or recording material or device in the 11 possession of the examinee at the examination site which the 12 department deems necessary to enforce such provisions or 13 rules. The scores of candidates who have taken state-developed 14 examinations shall be provided to the candidates 15 electronically using a candidate identification number, and 16 the department shall post the aggregate scores on the 17 department's website without identifying the names of the 18 candidates. 19 (e) If the professional board with jurisdiction over 20 an examination concurs, the department may, for a fee, share 21 with any other state's licensing authority or a national 22 testing entity an examination or examination item bank 23 developed by or for the department unless prohibited by a 24 contract entered into by the department for development or 25 purchase of the examination. The department, with the 26 concurrence of the appropriate board, shall establish 27 guidelines that ensure security of a shared exam and shall 28 require that any other state's licensing authority comply with 29 those guidelines. Those guidelines shall be approved by the 30 appropriate professional board. All fees paid by the user 31 shall be applied to the department's examination and 14 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 development program for professions regulated by this chapter. 2 (f) The department may adopt rules necessary to 3 administer this subsection. 4 (2) For each examination developed by the department 5 or a contracted vendor, the board, or the department when 6 there is no board, shall adopt rules providing for 7 reexamination of any applicants who failed an examination 8 developed by the department or a contracted vendor. If both a 9 written and a practical examination are given, an applicant 10 shall be required to retake only the portion of the 11 examination on which the applicant failed to achieve a passing 12 grade, if the applicant successfully passes that portion 13 within a reasonable time, as determined by rule of the board, 14 or the department when there is no board, of passing the other 15 portion. Except for national examinations approved and 16 administered pursuant to this section, the department shall 17 provide procedures for applicants who fail an examination 18 developed by the department or a contracted vendor to review 19 their examination questions, answers, papers, grades, and 20 grading key for the questions the candidate answered 21 incorrectly or, if not feasible, the parts of the examination 22 failed. Applicants shall bear the actual cost for the 23 department to provide examination review pursuant to this 24 subsection. An applicant may waive in writing the 25 confidentiality of the applicant's examination grades. 26 Notwithstanding any other provisions, only candidates who fail 27 an examination by less than ten percent shall be entitled to 28 challenge the validity of the examination at hearing. 29 (3) For each examination developed or administered by 30 the department or a contracted vendor, an accurate record of 31 each applicant's examination questions, answers, papers, 15 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 grades, and grading key shall be kept for a period of not less 2 than 2 years immediately following the examination, and such 3 record shall thereafter be maintained or destroyed as provided 4 in chapters 119 and 257. This subsection does not apply to 5 national examinations approved and administered pursuant to 6 this section. 7 (4) Meetings of any member of the department or of any 8 board within the department held for the exclusive purpose of 9 creating or reviewing licensure examination questions or 10 proposed examination questions are exempt from the provisions 11 of s. 286.011 and s. 24(b), Art. I of the State Constitution. 12 Any public records, such as tape recordings, minutes, or 13 notes, generated during or as a result of such meetings are 14 confidential and exempt from the provisions of s. 119.07(1) 15 and s. 24(a), Art. I of the State Constitution. However, these 16 exemptions shall not affect the right of any person to review 17 an examination as provided in subsection (2). 18 (5) For examinations developed by the department or a 19 contracted vendor, each board, or the department when there is 20 no board, may provide licensure examinations in an applicant's 21 native language. Notwithstanding any other provision of law, 22 applicants for examination or reexamination pursuant to this 23 subsection shall bear the full cost for the department's 24 development, preparation, validation, administration, grading, 25 and evaluation of any examination in a language other than 26 English prior to the examination being administered. Requests 27 for translated examinations must be on file in the board 28 office at least 6 months prior to the scheduled examination. 29 When determining whether it is in the public interest to allow 30 the examination to be translated into a language other than 31 English, the board shall consider the percentage of the 16 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 population who speak the applicant's native language. 2 Applicants must apply for translation to the applicable board 3 at least 6 months prior to the scheduled examination. 4 (6) In addition to meeting any other requirements for 5 licensure by examination or by endorsement, and 6 notwithstanding the provisions in paragraph (1)(c), an 7 applicant may be required by a board, or the department when 8 there is no board, to certify competency in state laws and 9 rules relating to the applicable practice act. Beginning 10 October 1, 2001, all laws and rules examinations shall be 11 administered electronically unless the laws and rules 12 examination is administered concurrently with another written 13 examination for that profession. 14 Section 12. Subsection (1) of section 456.035, Florida 15 Statutes, is amended to read: 16 456.035 Address of record.-- 17 (1) Each licensee of the department is solely 18 responsible for notifying the department in writing of the 19 licensee's current mailing address and place of practice, as 20 defined by rule of the board or the department if there is no 21 board. Electronic notification shall be allowed by the 22 department; however, it shall be the responsibility of the 23 licensee to ensure that the electronic notification was 24 received by the department. A licensee's failure to notify the 25 department of a change of address constitutes a violation of 26 this section, and the licensee may be disciplined by the board 27 or the department if there is no board. 28 Section 13. Subsections (2), (4), and (10) of section 29 456.073, Florida Statutes, are amended to read: 30 456.073 Disciplinary proceedings.--Disciplinary 31 proceedings for each board shall be within the jurisdiction of 17 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 the department. 2 (2) The department shall allocate sufficient and 3 adequately trained staff to expeditiously and thoroughly 4 determine legal sufficiency and investigate all legally 5 sufficient complaints. For purposes of this section, it is the 6 intent of the Legislature that the term "expeditiously" means 7 that the department complete the report of its initial 8 investigative findings and recommendations concerning the 9 existence of probable cause within 6 months after its receipt 10 of the complaint. The failure of the department, for 11 disciplinary cases under its jurisdiction, to comply with the 12 time limits of this section while investigating a complaint 13 against a licensee constitutes harmless error in any 14 subsequent disciplinary action unless a court finds that 15 either the fairness of the proceeding or the correctness of 16 the action may have been impaired by a material error in 17 procedure or a failure to follow prescribed procedure. When 18 its investigation is complete and legally sufficient, the 19 department shall prepare and submit to the probable cause 20 panel of the appropriate regulatory board the investigative 21 report of the department. The report shall contain the 22 investigative findings and the recommendations of the 23 department concerning the existence of probable cause. The 24 department shall not recommend a letter of guidance in lieu of 25 finding probable cause if the subject has already been issued 26 a letter of guidance for a related offense. At any time after 27 legal sufficiency is found, the department may dismiss any 28 case, or any part thereof, if the department determines that 29 there is insufficient evidence to support the prosecution of 30 allegations contained therein. The department shall provide a 31 detailed report to the appropriate probable cause panel prior 18 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 to dismissal of any case or part thereof, and to the subject 2 of the complaint after dismissal of any case or part thereof, 3 under this section. For cases dismissed prior to a finding of 4 probable cause, such report is confidential and exempt from s. 5 119.07(1). The probable cause panel shall have access, upon 6 request, to the investigative files pertaining to a case prior 7 to dismissal of such case. If the department dismisses a case, 8 the probable cause panel may retain independent legal counsel, 9 employ investigators, and continue the investigation and 10 prosecution of the case as it deems necessary. 11 (4) The determination as to whether probable cause 12 exists shall be made by majority vote of a probable cause 13 panel of the board, or by the department, as appropriate. Each 14 regulatory board shall provide by rule that the determination 15 of probable cause shall be made by a panel of its members or 16 by the department. Each board may provide by rule for multiple 17 probable cause panels composed of at least two members. Each 18 board may provide by rule that one or more members of the 19 panel or panels may be a former board member. The length of 20 term or repetition of service of any such former board member 21 on a probable cause panel may vary according to the direction 22 of the board when authorized by board rule. Any probable cause 23 panel must include one of the board's former or present 24 consumer members, if one is available, is willing to serve, 25 and is authorized to do so by the board chair. Any probable 26 cause panel must include a present board member. Any probable 27 cause panel must include a former or present professional 28 board member. However, any former professional board member 29 serving on the probable cause panel must hold an active valid 30 license for that profession. All proceedings of the panel are 31 exempt from s. 286.011 until 10 days after probable cause has 19 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 been found to exist by the panel or until the subject of the 2 investigation waives his or her privilege of confidentiality. 3 The probable cause panel may make a reasonable request, and 4 upon such request the department shall provide such additional 5 investigative information as is necessary to the determination 6 of probable cause. A request for additional investigative 7 information shall be made within 15 days from the date of 8 receipt by the probable cause panel of the investigative 9 report of the department or the agency. The probable cause 10 panel or the department, as may be appropriate, shall make its 11 determination of probable cause within 30 days after receipt 12 by it of the final investigative report of the department. The 13 secretary may grant extensions of the 15-day and the 30-day 14 time limits. In lieu of a finding of probable cause, the 15 probable cause panel, or the department if there is no board, 16 may issue a letter of guidance to the subject. If, within the 17 30-day time limit, as may be extended, the probable cause 18 panel does not make a determination regarding the existence of 19 probable cause or does not issue a letter of guidance in lieu 20 of a finding of probable cause, the department must make a 21 determination regarding the existence of probable cause within 22 10 days after the expiration of the time limit. If the 23 probable cause panel finds that probable cause exists, it 24 shall direct the department to file a formal complaint against 25 the licensee. The department shall follow the directions of 26 the probable cause panel regarding the filing of a formal 27 complaint. If directed to do so, the department shall file a 28 formal complaint against the subject of the investigation and 29 prosecute that complaint pursuant to chapter 120. However, the 30 department may decide not to prosecute the complaint if it 31 finds that probable cause has been improvidently found by the 20 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 panel. In such cases, the department shall refer the matter to 2 the board. The board may then file a formal complaint and 3 prosecute the complaint pursuant to chapter 120. The 4 department shall also refer to the board any investigation or 5 disciplinary proceeding not before the Division of 6 Administrative Hearings pursuant to chapter 120 or otherwise 7 completed by the department within 1 year after the filing of 8 a complaint. The department, for disciplinary cases under its 9 jurisdiction, must establish a uniform reporting system to 10 quarterly refer to each board the status of any investigation 11 or disciplinary proceeding that is not before the Division of 12 Administrative Hearings or otherwise completed by the 13 department within 1 year after the filing of the complaint. 14 Annually, the department, in consultation with the applicable 15 probable cause panel, if there is no board, or each board must 16 establish a plan to expedite reduce or otherwise close any 17 investigation or disciplinary proceeding that is not before 18 the Division of Administrative Hearings or otherwise completed 19 by the department within 1 year after the filing of the 20 complaint. A probable cause panel or a board may retain 21 independent legal counsel, employ investigators, and continue 22 the investigation as it deems necessary; all costs thereof 23 shall be paid from a trust fund used by the department to 24 implement this chapter. All proceedings of the probable cause 25 panel are exempt from s. 120.525. 26 (10) The complaint and all information obtained 27 pursuant to the investigation by the department are 28 confidential and exempt from s. 119.07(1) until 10 days after 29 probable cause has been found to exist by the probable cause 30 panel or by the department, or until the regulated 31 professional or subject of the investigation waives his or her 21 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 privilege of confidentiality, whichever occurs first. Upon 2 completion of the investigation and a recommendation by the 3 department to find probable cause, and pursuant to a written 4 request by the subject or the subject's attorney, the 5 department shall provide the subject an opportunity to inspect 6 the investigative file or, at the subject's expense, forward 7 to the subject a copy of the investigative file. 8 Notwithstanding s. 456.057, the subject may inspect or receive 9 a copy of any expert witness report or patient record 10 connected with the investigation if the subject agrees in 11 writing to maintain the confidentiality of any information 12 received under this subsection until 10 days after probable 13 cause is found and to maintain the confidentiality of patient 14 records pursuant to s. 456.057. The subject may file a written 15 response to the information contained in the investigative 16 file. Such response must be filed within 20 days of mailing by 17 the department, unless an extension of time has been granted 18 by the department. This subsection does not prohibit the 19 department from providing such information to any law 20 enforcement agency or to any other regulatory agency. 21 Section 14. Section 456.081, Florida Statutes, is 22 amended to read: 23 456.081 Publication of information.--The department 24 and the boards shall have the authority to advise licensees 25 periodically, through the publication of a newsletter on the 26 department's website, about information that the department or 27 the board determines is of interest to the industry. Unless 28 otherwise prohibited by law, the department and the boards 29 shall publish a summary of final orders resulting in 30 disciplinary action fines, suspensions, or revocations, and 31 any other information the department or the board determines 22 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 is of interest to the public. 2 Section 15. Subsections (1), (2), and (4) of section 3 456.072, Florida Statutes, are amended to read: 4 456.072 Grounds for discipline; penalties; 5 enforcement.-- 6 (1) The following acts shall constitute grounds for 7 which the disciplinary actions specified in subsection (2) may 8 be taken: 9 (a) Making misleading, deceptive, or fraudulent 10 representations in or related to the practice of the 11 licensee's profession. 12 (b) Intentionally violating any rule adopted by the 13 board or the department, as appropriate. 14 (c) Being convicted or found guilty of, or entering a 15 plea of nolo contendere to, regardless of adjudication, a 16 crime in any jurisdiction which relates to the practice of, or 17 the ability to practice, a licensee's profession. 18 (d) Using a Class III or a Class IV laser device or 19 product, as defined by federal regulations, without having 20 complied with the rules adopted pursuant to s. 501.122(2) 21 governing the registration of such devices. 22 (e) Failing to comply with the educational course 23 requirements for human immunodeficiency virus and acquired 24 immune deficiency syndrome. 25 (f) Having a license or the authority to practice any 26 regulated profession revoked, suspended, or otherwise acted 27 against, including the denial of licensure, by the licensing 28 authority of any jurisdiction, including its agencies or 29 subdivisions, for a violation that would constitute a 30 violation under Florida law. The licensing authority's 31 acceptance of a relinquishment of licensure, stipulation, 23 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 consent order, or other settlement, offered in response to or 2 in anticipation of the filing of charges against the license, 3 shall be construed as action against the license. 4 (g) Having been found liable in a civil proceeding for 5 knowingly filing a false report or complaint with the 6 department against another licensee. 7 (h) Attempting to obtain, obtaining, or renewing a 8 license to practice a profession by bribery, by fraudulent 9 misrepresentation, or through an error of the department or 10 the board. 11 (i) Except as provided in s. 465.016, failing to 12 report to the department any person who the licensee knows is 13 in violation of this chapter, the chapter regulating the 14 alleged violator, or the rules of the department or the board. 15 (j) Aiding, assisting, procuring, employing, or 16 advising any unlicensed person or entity to practice a 17 profession contrary to this chapter, the chapter regulating 18 the profession, or the rules of the department or the board. 19 (k) Failing to perform any statutory or legal 20 obligation placed upon a licensee. 21 (l) Making or filing a report which the licensee knows 22 to be false, intentionally or negligently failing to file a 23 report or record required by state or federal law, or 24 willfully impeding or obstructing another person to do so. 25 Such reports or records shall include only those that are 26 signed in the capacity of a licensee. 27 (m) Making deceptive, untrue, or fraudulent 28 representations in or related to the practice of a profession 29 or employing a trick or scheme in or related to the practice 30 of a profession. 31 (n) Exercising influence on the patient or client for 24 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 the purpose of financial gain of the licensee or a third 2 party. 3 (o) Practicing or offering to practice beyond the 4 scope permitted by law or accepting and performing 5 professional responsibilities the licensee knows, or has 6 reason to know, the licensee is not competent to perform. 7 (p) Delegating or contracting for the performance of 8 professional responsibilities by a person when the licensee 9 delegating or contracting for performance of such 10 responsibilities knows, or has reason to know, such person is 11 not qualified by training, experience, and authorization when 12 required to perform them. 13 (q) Violating any provision of this chapter, the 14 applicable professional practice act, a rule of the department 15 or the board, or a lawful order of the department or the 16 board, or failing to comply with a lawfully issued subpoena of 17 the department. 18 (r) Improperly interfering with an investigation or 19 inspection authorized by statute, or with any disciplinary 20 proceeding. 21 (s) Failing to comply with the educational course 22 requirements for domestic violence. 23 (t) Failing to comply with the requirements of ss. 24 381.026 and 381.0261 to provide patients with information 25 about their patient rights and how to file a patient 26 complaint. 27 (u) Engaging or attempting to engage in sexual 28 misconduct as defined and prohibited in s. 456.063(1). 29 (v) Failing to comply with the requirements for 30 profiling and credentialing, including, but not limited to, 31 failing to provide initial information, failing to timely 25 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 provide updated information, or making misleading, untrue, 2 deceptive, or fraudulent representations on a profile, 3 credentialing, or initial or renewal licensure application. 4 (w) Failing to report to the board, or the department 5 if there is no board, in writing within 30 days after the 6 licensee has been convicted or found guilty of, or entered a 7 plea of nolo contendere to, regardless of adjudication, a 8 crime in any jurisdiction. Convictions, findings, 9 adjudications, and pleas entered into prior to the enactment 10 of this paragraph must be reported in writing to the board, or 11 department if there is no board, on or before October 1, 1999. 12 (x) Using information about people involved in motor 13 vehicle accidents which has been derived from accident reports 14 made by law enforcement officers or persons involved in 15 accidents pursuant to s. 316.066, or using information 16 published in a newspaper or other news publication or through 17 a radio or television broadcast that has used information 18 gained from such reports, for the purposes of commercial or 19 any other solicitation whatsoever of the people involved in 20 such accidents. 21 (y) Being unable to practice with reasonable skill and 22 safety to patients by reason of illness or use of alcohol, 23 drugs, narcotics, chemicals, or any other type of material or 24 as a result of any mental or physical condition. In enforcing 25 this paragraph, the department shall have, upon a finding of 26 the secretary or the secretary's designee that probable cause 27 exists to believe that the licensee is unable to practice 28 because of the reasons stated in this paragraph, the authority 29 to issue an order to compel a licensee to submit to a mental 30 or physical examination by physicians designated by the 31 department. If the licensee refuses to comply with such order, 26 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 the department's order directing such examination may be 2 enforced by filing a petition for enforcement in the circuit 3 court where the licensee resides or does business. The 4 department shall be entitled to the summary procedure provided 5 in s. 51.011. A licensee or certificateholder affected under 6 this paragraph shall at reasonable intervals be afforded an 7 opportunity to demonstrate that he or she can resume the 8 competent practice of his or her profession with reasonable 9 skill and safety to patients. 10 (z) Testing positive for any drug, as defined in s. 11 112.0455, on any confirmed preemployment or employer-ordered 12 drug screening when the practitioner does not have a lawful 13 prescription and legitimate medical reason for using such 14 drug. 15 (aa) Violating any provision of this chapter, the 16 applicable practice act, or any rules adopted pursuant 17 thereto. 18 (2) When the board, or the department when there is no 19 board, finds any person guilty of the grounds set forth in 20 subsection (1) or of any grounds set forth in the applicable 21 practice act, including conduct constituting a substantial 22 violation of subsection (1) or a violation of the applicable 23 practice act which occurred prior to obtaining a license, it 24 may enter an order imposing one or more of the following 25 penalties: 26 (a) Refusal to certify, or to certify with 27 restrictions, an application for a license. 28 (b) Suspension or permanent revocation of a license. 29 (c) Restriction of practice or license, including, but 30 not limited to, restricting the licensee from practicing in 31 certain settings, restricting the licensee to work only under 27 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 designated conditions or in certain settings, restricting the 2 licensee from performing or providing designated clinical and 3 administrative services, restricting the licensee from 4 practicing more than a designated number of hours, or any 5 other restriction found to be necessary for the protection of 6 the public health, safety, and welfare. 7 (d) Imposition of an administrative fine not to exceed 8 $10,000 for each count or separate offense. If the violation 9 is for fraud or making a false or fraudulent representation, 10 the board, or department if there is no board, shall impose a 11 fine of $10,000 per count or offense. 12 (e) Issuance of a reprimand or letter of concern. 13 (f) Placement of the licensee on probation for a 14 period of time and subject to such conditions as the board, or 15 the department when there is no board, may specify. Those 16 conditions may include, but are not limited to, requiring the 17 licensee to undergo treatment, attend continuing education 18 courses, submit to be reexamined, work under the supervision 19 of another licensee, or satisfy any terms which are reasonably 20 tailored to the violations found. 21 (g) Corrective action. 22 (h) Imposition of an administrative fine in accordance 23 with s. 381.0261 for violations regarding patient rights. 24 (i) Refund of fees billed and collected from the 25 patient or a third party on behalf of the patient. 26 (j) Requirement that the practitioner undergo remedial 27 education. 28 29 In determining what action is appropriate, the board, or 30 department when there is no board, must first consider what 31 sanctions are necessary to protect the public or to compensate 28 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 the patient. Only after those sanctions have been imposed may 2 the disciplining authority consider and include in the order 3 requirements designed to rehabilitate the practitioner. All 4 costs associated with compliance with orders issued under this 5 subsection are the obligation of the practitioner. 6 (4) In addition to any other discipline imposed 7 pursuant to this section or discipline imposed for a violation 8 of any practice act, the board, or the department when there 9 is no board, shall may assess costs related to the 10 investigation and prosecution of the case. In any case where 11 the board or the department imposes a fine or assessment and 12 the fine or assessment is not paid within a reasonable time, 13 such reasonable time to be prescribed in the rules of the 14 board, or the department when there is no board, or in the 15 order assessing such fines or costs, the department or the 16 Department of Legal Affairs may contract for the collection 17 of, or bring a civil action to recover, the fine or 18 assessment. 19 Section 16. Subsection (3) of section 456.079, Florida 20 Statutes, is amended to read: 21 456.079 Disciplinary guidelines.-- 22 (3) A specific finding in the final order of 23 mitigating or aggravating circumstances shall allow the board 24 to impose a penalty other than that provided for in such 25 guidelines. If applicable, the board, or the department if 26 there is no board, shall adopt by rule disciplinary guidelines 27 to designate possible mitigating and aggravating circumstances 28 and the variation and range of penalties permitted for such 29 circumstances. 30 Section 17. Subsections (1) and (2) of section 31 457.109, Florida Statutes, are amended to read: 29 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 457.109 Disciplinary actions; grounds; action by the 2 board.-- 3 (1) The following acts shall constitute grounds for 4 denial of a license or disciplinary action, as specified in s. 5 456.072(2) which the disciplinary actions specified in 6 subsection (2) may be taken: 7 (a) Attempting to obtain, obtaining, or renewing a 8 license to practice acupuncture by bribery, by fraudulent 9 misrepresentations, or through an error of the department. 10 (b) Having a license to practice acupuncture revoked, 11 suspended, or otherwise acted against, including the denial of 12 licensure, by the licensing authority of another state, 13 territory, or country. 14 (c) Being convicted or found guilty, regardless of 15 adjudication, in any jurisdiction of a crime which directly 16 relates to the practice of acupuncture or to the ability to 17 practice acupuncture. Any plea of nolo contendere shall be 18 considered a conviction for purposes of this chapter. 19 (d) False, deceptive, or misleading advertising or 20 advertising which claims that acupuncture is useful in curing 21 any disease. 22 (e) Advertising, practicing, or attempting to practice 23 under a name other than one's own. 24 (f) Failing to report to the department any person who 25 the licensee knows is in violation of this chapter or of the 26 rules of the department. 27 (g) Aiding, assisting, procuring, employing, or 28 advising any unlicensed person to practice acupuncture 29 contrary to this chapter or to a rule of the department. 30 (h) Failing to perform any statutory or legal 31 obligation placed upon a licensed acupuncturist. 30 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (i) Making or filing a report which the licensee knows 2 to be false, intentionally or negligently failing to file a 3 report or record required by state or federal law, willfully 4 impeding or obstructing such filing or inducing another person 5 to do so. Such reports or records shall include only those 6 which are signed in the capacity as a licensed acupuncturist. 7 (j) Exercising influence within a 8 patient-acupuncturist relationship for purposes of engaging a 9 patient in sexual activity. A patient shall be presumed to be 10 incapable of giving free, full, and informed consent to sexual 11 activity with his or her acupuncturist. 12 (k) Making deceptive, untrue, or fraudulent 13 representations in the practice of acupuncture or employing a 14 trick or scheme in the practice of acupuncture when such 15 scheme or trick fails to conform to the generally prevailing 16 standards of treatment in the community. 17 (l) Soliciting patients, either personally or through 18 an agent, through the use of fraud, intimidation, undue 19 influence, or a form of overreaching or vexatious conduct. A 20 solicitation is any communication which directly or implicitly 21 requests an immediate oral response from the recipient. 22 (m) Failing to keep written medical records justifying 23 the course of treatment of the patient. 24 (n) Exercising influence on the patient to exploit the 25 patient for the financial gain of the licensee or of a third 26 party. 27 (o) Being unable to practice acupuncture with 28 reasonable skill and safety to patients by reason of illness 29 or use of alcohol, drugs, narcotics, chemicals, or any other 30 type of material or as a result of any mental or physical 31 condition. In enforcing this paragraph, upon a finding of the 31 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 secretary or the secretary's designee that probable cause 2 exists to believe that the licensee is unable to serve as an 3 acupuncturist due to the reasons stated in this paragraph, the 4 department shall have the authority to issue an order to 5 compel the licensee to submit to a mental or physical 6 examination by a physician designated by the department. If 7 the licensee refuses to comply with such order, the 8 department's order directing such examination may be enforced 9 by filing a petition for enforcement in the circuit court 10 where the licensee resides or serves as an acupuncturist. The 11 licensee against whom the petition is filed shall not be named 12 or identified by initials in any public court record or 13 document, and the proceedings shall be closed to the public. 14 The department shall be entitled to the summary procedure 15 provided in s. 51.011. An acupuncturist affected under this 16 paragraph shall at reasonable intervals be afforded an 17 opportunity to demonstrate that he or she can resume the 18 competent practice of acupuncture with reasonable skill and 19 safety to patients. In any proceeding under this paragraph, 20 neither the record of proceedings nor the orders entered by 21 the department shall be used against an acupuncturist in any 22 other proceeding. 23 (p) Gross or repeated malpractice or the failure to 24 practice acupuncture with that level of care, skill, and 25 treatment which is recognized by a reasonably prudent similar 26 acupuncturist as being acceptable under similar conditions and 27 circumstances. 28 (q) Practicing or offering to practice beyond the 29 scope permitted by law or accepting and performing 30 professional responsibilities which the licensee knows or has 31 reason to know that he or she is not competent to perform. 32 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (r) Delegating professional responsibilities to a 2 person when the licensee delegating such responsibilities 3 knows or has reason to know that such person is not qualified 4 by training, experience, or licensure to perform them. 5 (s) Violating any provision of this chapter, a rule of 6 the department, or a lawful order of the board department 7 previously entered in a disciplinary hearing or failing to 8 comply with a lawfully issued subpoena of the department. 9 (t) Conspiring with another to commit an act, or 10 committing an act, which would tend to coerce, intimidate, or 11 preclude another licensee from lawfully advertising his or her 12 services. 13 (u) Fraud or deceit or gross negligence, incompetence, 14 or misconduct in the operation of a course of study. 15 (v) Failing to comply with state, county, or municipal 16 regulations or reporting requirements relating to public 17 health and the control of contagious and infectious diseases. 18 (w) Failing to comply with any rule of the board 19 relating to health and safety, including, but not limited to, 20 the sterilization of needles and equipment and the disposal of 21 potentially infectious materials. 22 (x) Violating any provision of this chapter or chapter 23 456, or any rules adopted pursuant thereto. 24 (2) The board may enter an order denying licensure or 25 imposing any of the penalties in s. 456.072(2) against any 26 applicant for licensure or licensee who is found guilty of 27 violating any provision of subsection (1) of this section or 28 who is found guilty of violating any provision of s. 29 456.072(1). When the board finds any person guilty of any of 30 the acts set forth in subsection (1), it may enter an order 31 imposing one or more of the following penalties: 33 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (a) Refusal to certify to the department an 2 application for licensure. 3 (b) Revocation or suspension of a license. 4 (c) Restriction of practice. 5 (d) Imposition of an administrative fine not to exceed 6 $1,000 for each count or separate offense. 7 (e) Issuance of a reprimand. 8 (f) Placement of the acupuncturist on probation for a 9 period of time and subject to such conditions as the board may 10 specify. 11 Section 18. Subsection (6) of section 458.320, Florida 12 Statutes, is amended to read: 13 458.320 Financial responsibility.-- 14 (6) Any deceptive, untrue, or fraudulent 15 representation by the licensee with respect to any provision 16 of this section shall result in permanent disqualification 17 from any exemption to mandated financial responsibility as 18 provided in this section and shall constitute grounds for 19 disciplinary action under as specified in s. 458.331. 20 Section 19. Subsections (1) and (2) of section 21 458.331, Florida Statutes, are amended to read: 22 458.331 Grounds for disciplinary action; action by the 23 board and department.-- 24 (1) The following acts shall constitute grounds for 25 denial of a license or disciplinary action, as specified in s. 26 456.072(2) which the disciplinary actions specified in 27 subsection (2) may be taken: 28 (a) Attempting to obtain, obtaining, or renewing a 29 license to practice medicine by bribery, by fraudulent 30 misrepresentations, or through an error of the department or 31 the board. 34 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (b) Having a license or the authority to practice 2 medicine revoked, suspended, or otherwise acted against, 3 including the denial of licensure, by the licensing authority 4 of any jurisdiction, including its agencies or subdivisions. 5 The licensing authority's acceptance of a physician's 6 relinquishment of a license, stipulation, consent order, or 7 other settlement, offered in response to or in anticipation of 8 the filing of administrative charges against the physician's 9 license, shall be construed as action against the physician's 10 license. 11 (c) Being convicted or found guilty of, or entering a 12 plea of nolo contendere to, regardless of adjudication, a 13 crime in any jurisdiction which directly relates to the 14 practice of medicine or to the ability to practice medicine. 15 (d) False, deceptive, or misleading advertising. 16 (e) Failing to report to the department any person who 17 the licensee knows is in violation of this chapter or of the 18 rules of the department or the board. A treatment provider 19 approved pursuant to s. 456.076 shall provide the department 20 or consultant with information in accordance with the 21 requirements of s. 456.076(3), (4), (5), and (6). 22 (f) Aiding, assisting, procuring, or advising any 23 unlicensed person to practice medicine contrary to this 24 chapter or to a rule of the department or the board. 25 (g) Failing to perform any statutory or legal 26 obligation placed upon a licensed physician. 27 (h) Making or filing a report which the licensee knows 28 to be false, intentionally or negligently failing to file a 29 report or record required by state or federal law, willfully 30 impeding or obstructing such filing or inducing another person 31 to do so. Such reports or records shall include only those 35 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 which are signed in the capacity as a licensed physician. 2 (i) Paying or receiving any commission, bonus, 3 kickback, or rebate, or engaging in any split-fee arrangement 4 in any form whatsoever with a physician, organization, agency, 5 or person, either directly or indirectly, for patients 6 referred to providers of health care goods and services, 7 including, but not limited to, hospitals, nursing homes, 8 clinical laboratories, ambulatory surgical centers, or 9 pharmacies. The provisions of this paragraph shall not be 10 construed to prevent a physician from receiving a fee for 11 professional consultation services. 12 (j) Exercising influence within a patient-physician 13 relationship for purposes of engaging a patient in sexual 14 activity. A patient shall be presumed to be incapable of 15 giving free, full, and informed consent to sexual activity 16 with his or her physician. 17 (k) Making deceptive, untrue, or fraudulent 18 representations in or related to the practice of medicine or 19 employing a trick or scheme in the practice of medicine. 20 (l) Soliciting patients, either personally or through 21 an agent, through the use of fraud, intimidation, undue 22 influence, or a form of overreaching or vexatious conduct. A 23 solicitation is any communication which directly or implicitly 24 requests an immediate oral response from the recipient. 25 (m) Failing to keep legible, as defined by department 26 rule in consultation with the board, medical records that 27 identify the licensed physician or the physician extender and 28 supervising physician by name and professional title who is or 29 are responsible for rendering, ordering, supervising, or 30 billing for each diagnostic or treatment procedure and that 31 justify the course of treatment of the patient, including, but 36 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 not limited to, patient histories; examination results; test 2 results; records of drugs prescribed, dispensed, or 3 administered; and reports of consultations and 4 hospitalizations. 5 (n) Exercising influence on the patient or client in 6 such a manner as to exploit the patient or client for 7 financial gain of the licensee or of a third party, which 8 shall include, but not be limited to, the promoting or selling 9 of services, goods, appliances, or drugs. 10 (o) Promoting or advertising on any prescription form 11 of a community pharmacy unless the form shall also state "This 12 prescription may be filled at any pharmacy of your choice." 13 (p) Performing professional services which have not 14 been duly authorized by the patient or client, or his or her 15 legal representative, except as provided in s. 743.064, s. 16 766.103, or s. 768.13. 17 (q) Prescribing, dispensing, administering, mixing, or 18 otherwise preparing a legend drug, including any controlled 19 substance, other than in the course of the physician's 20 professional practice. For the purposes of this paragraph, it 21 shall be legally presumed that prescribing, dispensing, 22 administering, mixing, or otherwise preparing legend drugs, 23 including all controlled substances, inappropriately or in 24 excessive or inappropriate quantities is not in the best 25 interest of the patient and is not in the course of the 26 physician's professional practice, without regard to his or 27 her intent. 28 (r) Prescribing, dispensing, or administering any 29 medicinal drug appearing on any schedule set forth in chapter 30 893 by the physician to himself or herself, except one 31 prescribed, dispensed, or administered to the physician by 37 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 another practitioner authorized to prescribe, dispense, or 2 administer medicinal drugs. 3 (s) Being unable to practice medicine with reasonable 4 skill and safety to patients by reason of illness or use of 5 alcohol, drugs, narcotics, chemicals, or any other type of 6 material or as a result of any mental or physical condition. 7 In enforcing this paragraph, the department shall have, upon a 8 finding of the secretary or the secretary's designee that 9 probable cause exists to believe that the licensee is unable 10 to practice medicine because of the reasons stated in this 11 paragraph, the authority to issue an order to compel a 12 licensee to submit to a mental or physical examination by 13 physicians designated by the department. If the licensee 14 refuses to comply with such order, the department's order 15 directing such examination may be enforced by filing a 16 petition for enforcement in the circuit court where the 17 licensee resides or does business. The licensee against whom 18 the petition is filed may not be named or identified by 19 initials in any public court records or documents, and the 20 proceedings shall be closed to the public. The department 21 shall be entitled to the summary procedure provided in s. 22 51.011. A licensee or certificateholder affected under this 23 paragraph shall at reasonable intervals be afforded an 24 opportunity to demonstrate that he or she can resume the 25 competent practice of medicine with reasonable skill and 26 safety to patients. 27 (t) Gross or repeated malpractice or the failure to 28 practice medicine with that level of care, skill, and 29 treatment which is recognized by a reasonably prudent similar 30 physician as being acceptable under similar conditions and 31 circumstances. The board shall give great weight to the 38 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 provisions of s. 766.102 when enforcing this paragraph. As 2 used in this paragraph, "repeated malpractice" includes, but 3 is not limited to, three or more claims for medical 4 malpractice within the previous 5-year period resulting in 5 indemnities being paid in excess of $25,000 each to the 6 claimant in a judgment or settlement and which incidents 7 involved negligent conduct by the physician. As used in this 8 paragraph, "gross malpractice" or "the failure to practice 9 medicine with that level of care, skill, and treatment which 10 is recognized by a reasonably prudent similar physician as 11 being acceptable under similar conditions and circumstances," 12 shall not be construed so as to require more than one 13 instance, event, or act. Nothing in this paragraph shall be 14 construed to require that a physician be incompetent to 15 practice medicine in order to be disciplined pursuant to this 16 paragraph. 17 (u) Performing any procedure or prescribing any 18 therapy which, by the prevailing standards of medical practice 19 in the community, would constitute experimentation on a human 20 subject, without first obtaining full, informed, and written 21 consent. 22 (v) Practicing or offering to practice beyond the 23 scope permitted by law or accepting and performing 24 professional responsibilities which the licensee knows or has 25 reason to know that he or she is not competent to perform. The 26 board may establish by rule standards of practice and 27 standards of care for particular practice settings, including, 28 but not limited to, education and training, equipment and 29 supplies, medications including anesthetics, assistance of and 30 delegation to other personnel, transfer agreements, 31 sterilization, records, performance of complex or multiple 39 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 procedures, informed consent, and policy and procedure 2 manuals. 3 (w) Delegating professional responsibilities to a 4 person when the licensee delegating such responsibilities 5 knows or has reason to know that such person is not qualified 6 by training, experience, or licensure to perform them. 7 (x) Violating any provision of this chapter, a rule of 8 the board or department, or a lawful order of the board or 9 department previously entered in a disciplinary hearing or 10 failing to comply with a lawfully issued subpoena of the 11 department. 12 (y) Conspiring with another licensee or with any other 13 person to commit an act, or committing an act, which would 14 tend to coerce, intimidate, or preclude another licensee from 15 lawfully advertising his or her services. 16 (z) Procuring, or aiding or abetting in the procuring 17 of, an unlawful termination of pregnancy. 18 (aa) Presigning blank prescription forms. 19 (bb) Prescribing any medicinal drug appearing on 20 Schedule II in chapter 893 by the physician for office use. 21 (cc) Prescribing, ordering, dispensing, administering, 22 supplying, selling, or giving any drug which is a Schedule II 23 amphetamine or a Schedule II sympathomimetic amine drug or any 24 compound thereof, pursuant to chapter 893, to or for any 25 person except for: 26 1. The treatment of narcolepsy; hyperkinesis; 27 behavioral syndrome characterized by the developmentally 28 inappropriate symptoms of moderate to severe distractability, 29 short attention span, hyperactivity, emotional lability, and 30 impulsivity; or drug-induced brain dysfunction; 31 2. The differential diagnostic psychiatric evaluation 40 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 of depression or the treatment of depression shown to be 2 refractory to other therapeutic modalities; or 3 3. The clinical investigation of the effects of such 4 drugs or compounds when an investigative protocol therefor is 5 submitted to, reviewed, and approved by the board before such 6 investigation is begun. 7 (dd) Failing to supervise adequately the activities of 8 those physician assistants, paramedics, emergency medical 9 technicians, or advanced registered nurse practitioners acting 10 under the supervision of the physician. 11 (ee) Prescribing, ordering, dispensing, administering, 12 supplying, selling, or giving growth hormones, testosterone or 13 its analogs, human chorionic gonadotropin (HCG), or other 14 hormones for the purpose of muscle building or to enhance 15 athletic performance. For the purposes of this subsection, the 16 term "muscle building" does not include the treatment of 17 injured muscle. A prescription written for the drug products 18 listed above may be dispensed by the pharmacist with the 19 presumption that the prescription is for legitimate medical 20 use. 21 (ff) Prescribing, ordering, dispensing, administering, 22 supplying, selling, or giving amygdalin (laetrile) to any 23 person. 24 (gg) Misrepresenting or concealing a material fact at 25 any time during any phase of a licensing or disciplinary 26 process or procedure. 27 (hh) Improperly interfering with an investigation or 28 with any disciplinary proceeding. 29 (ii) Failing to report to the department any licensee 30 under this chapter or under chapter 459 who the physician or 31 physician assistant knows has violated the grounds for 41 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 disciplinary action set out in the law under which that person 2 is licensed and who provides health care services in a 3 facility licensed under chapter 395, or a health maintenance 4 organization certificated under part I of chapter 641, in 5 which the physician or physician assistant also provides 6 services. 7 (jj) Being found by any court in this state to have 8 provided corroborating written medical expert opinion attached 9 to any statutorily required notice of claim or intent or to 10 any statutorily required response rejecting a claim, without 11 reasonable investigation. 12 (kk) Failing to report to the board, in writing, 13 within 30 days if action as defined in paragraph (b) has been 14 taken against one's license to practice medicine in another 15 state, territory, or country. 16 (ll) Advertising or holding oneself out as a 17 board-certified specialist, if not qualified under s. 18 458.3312, in violation of this chapter. 19 (mm) Failing to comply with the requirements of ss. 20 381.026 and 381.0261 to provide patients with information 21 about their patient rights and how to file a patient 22 complaint. 23 (nn) Violating any provision of this chapter or 24 chapter 456, or any rules adopted pursuant thereto. 25 (2) The board may enter an order denying licensure or 26 imposing any of the penalties in s. 456.072(2) against any 27 applicant for licensure or licensee who is found guilty of 28 violating any provision of subsection (1) of this section or 29 who is found guilty of violating any provision of s. 30 456.072(1). When the board finds any person guilty of any of 31 the grounds set forth in subsection (1), including conduct 42 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 that would constitute a substantial violation of subsection 2 (1) which occurred prior to licensure, it may enter an order 3 imposing one or more of the following penalties: 4 (a) Refusal to certify, or certification with 5 restrictions, to the department an application for licensure, 6 certification, or registration. 7 (b) Revocation or suspension of a license. 8 (c) Restriction of practice. 9 (d) Imposition of an administrative fine not to exceed 10 $10,000 for each count or separate offense. 11 (e) Issuance of a reprimand. 12 (f) Placement of the physician on probation for a 13 period of time and subject to such conditions as the board may 14 specify, including, but not limited to, requiring the 15 physician to submit to treatment, to attend continuing 16 education courses, to submit to reexamination, or to work 17 under the supervision of another physician. 18 (g) Issuance of a letter of concern. 19 (h) Corrective action. 20 (i) Refund of fees billed to and collected from the 21 patient. 22 (j) Imposition of an administrative fine in accordance 23 with s. 381.0261 for violations regarding patient rights. 24 25 In determining what action is appropriate, the board must 26 first consider what sanctions are necessary to protect the 27 public or to compensate the patient. Only after those 28 sanctions have been imposed may the disciplining authority 29 consider and include in the order requirements designed to 30 rehabilitate the physician. All costs associated with 31 compliance with orders issued under this subsection are the 43 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 obligation of the physician. 2 Section 20. Subsection (2) of section 458.345, Florida 3 Statutes, is amended to read: 4 458.345 Registration of resident physicians, interns, 5 and fellows; list of hospital employees; prescribing of 6 medicinal drugs; penalty.-- 7 (2) The board shall not certify to the department for 8 registration any applicant who is under investigation in any 9 state or jurisdiction for an act which would constitute 10 grounds the basis for imposing a disciplinary action under 11 penalty specified in s. 458.331(2)(b) until such time as the 12 investigation is completed, at which time the provisions of s. 13 458.331 shall apply. 14 Section 21. Subsection (7) of section 458.347, Florida 15 Statutes, is amended to read: 16 458.347 Physician assistants.-- 17 (7) PHYSICIAN ASSISTANT LICENSURE.-- 18 (g) The Board of Medicine may impose any of the 19 penalties authorized under specified in ss. 456.072 and 20 458.331(2) upon a physician assistant if the physician 21 assistant or the supervising physician has been found guilty 22 of or is being investigated for any act that constitutes a 23 violation of this chapter or chapter 456. 24 Section 22. Subsection (6) of section 459.0085, 25 Florida Statutes, is amended to read: 26 459.0085 Financial responsibility.-- 27 (6) Any deceptive, untrue, or fraudulent 28 representation by the licensee with respect to any provision 29 of this section shall result in permanent disqualification 30 from any exemption to mandated financial responsibility as 31 provided in this section and shall constitute grounds for 44 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 disciplinary action under as specified in s. 459.015. 2 Section 23. Subsections (1) and (2) of section 3 459.015, Florida Statutes, are amended to read: 4 459.015 Grounds for disciplinary action; action by the 5 board and department.-- 6 (1) The following acts shall constitute grounds for 7 denial of a license or disciplinary action, as specified in s. 8 456.072(2) which the disciplinary actions specified in 9 subsection (2) may be taken: 10 (a) Attempting to obtain, obtaining, or renewing a 11 license to practice osteopathic medicine or a certificate 12 issued under this chapter by bribery, by fraudulent 13 misrepresentations, or through an error of the department or 14 the board. 15 (b) Having a license or the authority to practice 16 osteopathic medicine revoked, suspended, or otherwise acted 17 against, including the denial of licensure, by the licensing 18 authority of any jurisdiction, including its agencies or 19 subdivisions. The licensing authority's acceptance of a 20 physician's relinquishment of license, stipulation, consent 21 order, or other settlement offered in response to or in 22 anticipation of the filing of administrative charges against 23 the physician shall be construed as action against the 24 physician's license. 25 (c) Being convicted or found guilty, regardless of 26 adjudication, of a crime in any jurisdiction which directly 27 relates to the practice of osteopathic medicine or to the 28 ability to practice osteopathic medicine. A plea of nolo 29 contendere shall create a rebuttable presumption of guilt to 30 the underlying criminal charges. 31 (d) False, deceptive, or misleading advertising. 45 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (e) Failing to report to the department or the 2 department's impaired professional consultant any person who 3 the licensee or certificateholder knows is in violation of 4 this chapter or of the rules of the department or the board. 5 A treatment provider, approved pursuant to s. 456.076, shall 6 provide the department or consultant with information in 7 accordance with the requirements of s. 456.076(3), (4), (5), 8 and (6). 9 (f) Aiding, assisting, procuring, or advising any 10 unlicensed person to practice osteopathic medicine contrary to 11 this chapter or to a rule of the department or the board. 12 (g) Failing to perform any statutory or legal 13 obligation placed upon a licensed osteopathic physician. 14 (h) Giving false testimony in the course of any legal 15 or administrative proceedings relating to the practice of 16 medicine or the delivery of health care services. 17 (i) Making or filing a report which the licensee knows 18 to be false, intentionally or negligently failing to file a 19 report or record required by state or federal law, willfully 20 impeding or obstructing such filing, or inducing another 21 person to do so. Such reports or records shall include only 22 those which are signed in the capacity as a licensed 23 osteopathic physician. 24 (j) Paying or receiving any commission, bonus, 25 kickback, or rebate, or engaging in any split-fee arrangement 26 in any form whatsoever with a physician, organization, agency, 27 person, partnership, firm, corporation, or other business 28 entity, for patients referred to providers of health care 29 goods and services, including, but not limited to, hospitals, 30 nursing homes, clinical laboratories, ambulatory surgical 31 centers, or pharmacies. The provisions of this paragraph 46 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 shall not be construed to prevent an osteopathic physician 2 from receiving a fee for professional consultation services. 3 (k) Refusing to provide health care based on a 4 patient's participation in pending or past litigation or 5 participation in any disciplinary action conducted pursuant to 6 this chapter, unless such litigation or disciplinary action 7 directly involves the osteopathic physician requested to 8 provide services. 9 (l) Exercising influence within a patient-physician 10 relationship for purposes of engaging a patient in sexual 11 activity. A patient shall be presumed to be incapable of 12 giving free, full, and informed consent to sexual activity 13 with his or her physician. 14 (m) Making deceptive, untrue, or fraudulent 15 representations in or related to the practice of osteopathic 16 medicine or employing a trick or scheme in the practice of 17 osteopathic medicine. 18 (n) Soliciting patients, either personally or through 19 an agent, through the use of fraud, intimidation, undue 20 influence, or forms of overreaching or vexatious conduct. A 21 solicitation is any communication which directly or implicitly 22 requests an immediate oral response from the recipient. 23 (o) Failing to keep legible, as defined by department 24 rule in consultation with the board, medical records that 25 identify the licensed osteopathic physician or the osteopathic 26 physician extender and supervising osteopathic physician by 27 name and professional title who is or are responsible for 28 rendering, ordering, supervising, or billing for each 29 diagnostic or treatment procedure and that justify the course 30 of treatment of the patient, including, but not limited to, 31 patient histories; examination results; test results; records 47 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 of drugs prescribed, dispensed, or administered; and reports 2 of consultations and hospitalizations. 3 (p) Fraudulently altering or destroying records 4 relating to patient care or treatment, including, but not 5 limited to, patient histories, examination results, and test 6 results. 7 (q) Exercising influence on the patient or client in 8 such a manner as to exploit the patient or client for 9 financial gain of the licensee or of a third party which shall 10 include, but not be limited to, the promotion or sale of 11 services, goods, appliances, or drugs. 12 (r) Promoting or advertising on any prescription form 13 of a community pharmacy, unless the form shall also state 14 "This prescription may be filled at any pharmacy of your 15 choice." 16 (s) Performing professional services which have not 17 been duly authorized by the patient or client or his or her 18 legal representative except as provided in s. 743.064, s. 19 766.103, or s. 768.13. 20 (t) Prescribing, dispensing, administering, supplying, 21 selling, giving, mixing, or otherwise preparing a legend drug, 22 including all controlled substances, other than in the course 23 of the osteopathic physician's professional practice. For the 24 purposes of this paragraph, it shall be legally presumed that 25 prescribing, dispensing, administering, supplying, selling, 26 giving, mixing, or otherwise preparing legend drugs, including 27 all controlled substances, inappropriately or in excessive or 28 inappropriate quantities is not in the best interest of the 29 patient and is not in the course of the osteopathic 30 physician's professional practice, without regard to his or 31 her intent. 48 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (u) Prescribing or dispensing any medicinal drug 2 appearing on any schedule set forth in chapter 893 by the 3 osteopathic physician for himself or herself or administering 4 any such drug by the osteopathic physician to himself or 5 herself unless such drug is prescribed for the osteopathic 6 physician by another practitioner authorized to prescribe 7 medicinal drugs. 8 (v) Prescribing, ordering, dispensing, administering, 9 supplying, selling, or giving amygdalin (laetrile) to any 10 person. 11 (w) Being unable to practice osteopathic medicine with 12 reasonable skill and safety to patients by reason of illness 13 or use of alcohol, drugs, narcotics, chemicals, or any other 14 type of material or as a result of any mental or physical 15 condition. In enforcing this paragraph, the department shall, 16 upon a finding of the secretary or the secretary's designee 17 that probable cause exists to believe that the licensee is 18 unable to practice medicine because of the reasons stated in 19 this paragraph, have the authority to issue an order to compel 20 a licensee to submit to a mental or physical examination by 21 physicians designated by the department. If the licensee 22 refuses to comply with such order, the department's order 23 directing such examination may be enforced by filing a 24 petition for enforcement in the circuit court where the 25 licensee resides or does business. The licensee against whom 26 the petition is filed shall not be named or identified by 27 initials in any public court records or documents, and the 28 proceedings shall be closed to the public. The department 29 shall be entitled to the summary procedure provided in s. 30 51.011. A licensee or certificateholder affected under this 31 paragraph shall at reasonable intervals be afforded an 49 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 opportunity to demonstrate that he or she can resume the 2 competent practice of medicine with reasonable skill and 3 safety to patients. 4 (x) Gross or repeated malpractice or the failure to 5 practice osteopathic medicine with that level of care, skill, 6 and treatment which is recognized by a reasonably prudent 7 similar osteopathic physician as being acceptable under 8 similar conditions and circumstances. The board shall give 9 great weight to the provisions of s. 766.102 when enforcing 10 this paragraph. As used in this paragraph, "repeated 11 malpractice" includes, but is not limited to, three or more 12 claims for medical malpractice within the previous 5-year 13 period resulting in indemnities being paid in excess of 14 $25,000 each to the claimant in a judgment or settlement and 15 which incidents involved negligent conduct by the osteopathic 16 physician. As used in this paragraph, "gross malpractice" or 17 "the failure to practice osteopathic medicine with that level 18 of care, skill, and treatment which is recognized by a 19 reasonably prudent similar osteopathic physician as being 20 acceptable under similar conditions and circumstances" shall 21 not be construed so as to require more than one instance, 22 event, or act. Nothing in this paragraph shall be construed to 23 require that an osteopathic physician be incompetent to 24 practice osteopathic medicine in order to be disciplined 25 pursuant to this paragraph. A recommended order by an 26 administrative law judge or a final order of the board finding 27 a violation under this paragraph shall specify whether the 28 licensee was found to have committed "gross malpractice," 29 "repeated malpractice," or "failure to practice osteopathic 30 medicine with that level of care, skill, and treatment which 31 is recognized as being acceptable under similar conditions and 50 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 circumstances," or any combination thereof, and any 2 publication by the board shall so specify. 3 (y) Performing any procedure or prescribing any 4 therapy which, by the prevailing standards of medical practice 5 in the community, would constitute experimentation on human 6 subjects, without first obtaining full, informed, and written 7 consent. 8 (z) Practicing or offering to practice beyond the 9 scope permitted by law or accepting and performing 10 professional responsibilities which the licensee knows or has 11 reason to know that he or she is not competent to perform. The 12 board may establish by rule standards of practice and 13 standards of care for particular practice settings, including, 14 but not limited to, education and training, equipment and 15 supplies, medications including anesthetics, assistance of and 16 delegation to other personnel, transfer agreements, 17 sterilization, records, performance of complex or multiple 18 procedures, informed consent, and policy and procedure 19 manuals. 20 (aa) Delegating professional responsibilities to a 21 person when the licensee delegating such responsibilities 22 knows or has reason to know that such person is not qualified 23 by training, experience, or licensure to perform them. 24 (bb) Violating any provision of this chapter, a rule 25 of the board or department, or 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 (cc) Conspiring with another licensee or with any 30 other person to commit an act, or committing an act, which 31 would tend to coerce, intimidate, or preclude another licensee 51 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 from lawfully advertising his or her services. 2 (dd) Procuring, or aiding or abetting in the procuring 3 of, an unlawful termination of pregnancy. 4 (ee) Presigning blank prescription forms. 5 (ff) Prescribing any medicinal drug appearing on 6 Schedule II in chapter 893 by the osteopathic physician for 7 office use. 8 (gg) Prescribing, ordering, dispensing, administering, 9 supplying, selling, or giving any drug which is a Schedule II 10 amphetamine or Schedule II sympathomimetic amine drug or any 11 compound thereof, pursuant to chapter 893, to or for any 12 person except for: 13 1. The treatment of narcolepsy; hyperkinesis; 14 behavioral syndrome characterized by the developmentally 15 inappropriate symptoms of moderate to severe distractability, 16 short attention span, hyperactivity, emotional lability, and 17 impulsivity; or drug-induced brain dysfunction; 18 2. The differential diagnostic psychiatric evaluation 19 of depression or the treatment of depression shown to be 20 refractory to other therapeutic modalities; or 21 3. The clinical investigation of the effects of such 22 drugs or compounds when an investigative protocol therefor is 23 submitted to, reviewed, and approved by the board before such 24 investigation is begun. 25 (hh) Failing to supervise adequately the activities of 26 those physician assistants, paramedics, emergency medical 27 technicians, advanced registered nurse practitioners, or other 28 persons acting under the supervision of the osteopathic 29 physician. 30 (ii) Prescribing, ordering, dispensing, administering, 31 supplying, selling, or giving growth hormones, testosterone or 52 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 its analogs, human chorionic gonadotropin (HCG), or other 2 hormones for the purpose of muscle building or to enhance 3 athletic performance. For the purposes of this subsection, the 4 term "muscle building" does not include the treatment of 5 injured muscle. A prescription written for the drug products 6 listed above may be dispensed by the pharmacist with the 7 presumption that the prescription is for legitimate medical 8 use. 9 (jj) Misrepresenting or concealing a material fact at 10 any time during any phase of a licensing or disciplinary 11 process or procedure. 12 (kk) Improperly interfering with an investigation or 13 with any disciplinary proceeding. 14 (ll) Failing to report to the department any licensee 15 under chapter 458 or under this chapter who the osteopathic 16 physician or physician assistant knows has violated the 17 grounds for disciplinary action set out in the law under which 18 that person is licensed and who provides health care services 19 in a facility licensed under chapter 395, or a health 20 maintenance organization certificated under part I of chapter 21 641, in which the osteopathic physician or physician assistant 22 also provides services. 23 (mm) Being found by any court in this state to have 24 provided corroborating written medical expert opinion attached 25 to any statutorily required notice of claim or intent or to 26 any statutorily required response rejecting a claim, without 27 reasonable investigation. 28 (nn) Advertising or holding oneself out as a 29 board-certified specialist in violation of this chapter. 30 (oo) Failing to comply with the requirements of ss. 31 381.026 and 381.0261 to provide patients with information 53 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 about their patient rights and how to file a patient 2 complaint. 3 (pp) Violating any provision of this chapter or 4 chapter 456, or any rules adopted pursuant thereto. 5 (2) The board may enter an order denying licensure or 6 imposing any of the penalties in s. 456.072(2) against any 7 applicant for licensure or licensee who is found guilty of 8 violating any provision of subsection (1) of this section or 9 who is found guilty of violating any provision of s. 10 456.072(1). When the board finds any person guilty of any of 11 the grounds set forth in subsection (1), it may enter an order 12 imposing one or more of the following penalties: 13 (a) Refusal to certify, or certify with restrictions, 14 to the department an application for certification, licensure, 15 renewal, or reactivation. 16 (b) Revocation or suspension of a license or 17 certificate. 18 (c) Restriction of practice. 19 (d) Imposition of an administrative fine not to exceed 20 $10,000 for each count or separate offense. 21 (e) Issuance of a reprimand. 22 (f) Issuance of a letter of concern. 23 (g) Placement of the osteopathic physician on 24 probation for a period of time and subject to such conditions 25 as the board may specify, including, but not limited to, 26 requiring the osteopathic physician to submit to treatment, 27 attend continuing education courses, submit to reexamination, 28 or work under the supervision of another osteopathic 29 physician. 30 (h) Corrective action. 31 (i) Refund of fees billed to and collected from the 54 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 patient. 2 (j) Imposition of an administrative fine in accordance 3 with s. 381.0261 for violations regarding patient rights. 4 5 In determining what action is appropriate, the board must 6 first consider what sanctions are necessary to protect the 7 public or to compensate the patient. Only after those 8 sanctions have been imposed may the disciplining authority 9 consider and include in the order requirements designed to 10 rehabilitate the physician. All costs associated with 11 compliance with orders issued under this subsection are the 12 obligation of the physician. 13 Section 24. Paragraph (f) of subsection (7) of section 14 459.022, Florida Statutes, is amended to read: 15 459.022 Physician assistants.-- 16 (7) PHYSICIAN ASSISTANT LICENSURE.-- 17 (f) The Board of Osteopathic Medicine may impose any 18 of the penalties authorized under specified in ss. 456.072 and 19 459.015(2) upon a physician assistant if the physician 20 assistant or the supervising physician has been found guilty 21 of or is being investigated for any act that constitutes a 22 violation of this chapter or chapter 456. 23 Section 25. Subsections (1) and (2) of section 24 460.413, Florida Statutes, are amended to read: 25 460.413 Grounds for disciplinary action; action by 26 board or department.-- 27 (1) The following acts shall constitute grounds for 28 denial of a license or disciplinary action, as specified in s. 29 456.072(2) which the disciplinary actions specified in 30 subsection (2) may be taken: 31 (a) Attempting to obtain, obtaining, or renewing a 55 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 license to practice chiropractic medicine by bribery, by 2 fraudulent misrepresentations, or through an error of the 3 department or the board. 4 (b) Having a license to practice chiropractic medicine 5 revoked, suspended, or otherwise acted against, including the 6 denial of licensure, by the licensing authority of another 7 state, territory, or country. 8 (c) Being convicted or found guilty, regardless of 9 adjudication, of a crime in any jurisdiction which directly 10 relates to the practice of chiropractic medicine or to the 11 ability to practice chiropractic medicine. Any plea of nolo 12 contendere shall be considered a conviction for purposes of 13 this chapter. 14 (d) False, deceptive, or misleading advertising. 15 (e) Causing to be advertised, by any means whatsoever, 16 any advertisement which does not contain an assertion or 17 statement which would identify herself or himself as a 18 chiropractic physician or identify such chiropractic clinic or 19 related institution in which she or he practices or in which 20 she or he is owner, in whole or in part, as a chiropractic 21 institution. 22 (f) Advertising, practicing, or attempting to practice 23 under a name other than one's own. 24 (g) Failing to report to the department any person who 25 the licensee knows is in violation of this chapter or of the 26 rules of the department or the board. 27 (h) Aiding, assisting, procuring, or advising any 28 unlicensed person to practice chiropractic medicine contrary 29 to this chapter or to a rule of the department or the board. 30 (i) Failing to perform any statutory or legal 31 obligation placed upon a licensed chiropractic physician. 56 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (j) Making or filing a report which the licensee knows 2 to be false, intentionally or negligently failing to file a 3 report or record required by state or federal law, willfully 4 impeding or obstructing such filing or inducing another person 5 to do so. Such reports or records shall include only those 6 which are signed in the capacity of a licensed chiropractic 7 physician. 8 (k) Making misleading, deceptive, untrue, or 9 fraudulent representations in the practice of chiropractic 10 medicine or employing a trick or scheme in the practice of 11 chiropractic medicine when such trick or scheme fails to 12 conform to the generally prevailing standards of treatment in 13 the chiropractic medical community. 14 (l) Soliciting patients either personally or through 15 an agent, unless such solicitation falls into a category of 16 solicitations approved by rule of the board. 17 (m) Failing to keep legibly written chiropractic 18 medical records that identify clearly by name and credentials 19 the licensed chiropractic physician rendering, ordering, 20 supervising, or billing for each examination or treatment 21 procedure and that justify the course of treatment of the 22 patient, including, but not limited to, patient histories, 23 examination results, test results, X rays, and diagnosis of a 24 disease, condition, or injury. X rays need not be retained 25 for more than 4 years. 26 (n) Exercising influence on the patient or client in 27 such a manner as to exploit the patient or client for 28 financial gain of the licensee or of a third party which shall 29 include, but not be limited to, the promotion or sale of 30 services, goods or appliances, or drugs. 31 (o) Performing professional services which have not 57 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 been duly authorized by the patient or client or her or his 2 legal representative except as provided in ss. 743.064, 3 766.103, and 768.13. 4 (p) Prescribing, dispensing, or administering any 5 medicinal drug except as authorized by s. 460.403(9)(c)2., 6 performing any surgery, or practicing obstetrics. 7 (q) Being unable to practice chiropractic medicine 8 with reasonable skill and safety to patients by reason of 9 illness or use of alcohol, drugs, narcotics, chemicals, or any 10 other type of material or as a result of any mental or 11 physical condition. In enforcing this paragraph, upon a 12 finding by the secretary of the department, or his or her 13 designee, or the probable cause panel of the board that 14 probable cause exists to believe that the licensee is unable 15 to practice the profession because of reasons stated in this 16 paragraph, the department shall have the authority to compel a 17 licensee to submit to a mental or physical examination by a 18 physician designated by the department. If the licensee 19 refuses to comply with the department's order, the department 20 may file a petition for enforcement in the circuit court of 21 the circuit in which the licensee resides or does business. 22 The department shall be entitled to the summary procedure 23 provided in s. 51.011. The record of proceedings to obtain a 24 compelled mental or physical examination shall not be used 25 against a licensee in any other proceedings. A chiropractic 26 physician affected under this paragraph shall at reasonable 27 intervals be afforded an opportunity to demonstrate that she 28 or he can resume the competent practice of chiropractic 29 medicine with reasonable skill and safety to patients. 30 (r) Gross or repeated malpractice or the failure to 31 practice chiropractic medicine at a level of care, skill, and 58 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 treatment which is recognized by a reasonably prudent 2 chiropractic physician as being acceptable under similar 3 conditions and circumstances. The board shall give great 4 weight to the standards for malpractice in s. 766.102 in 5 interpreting this provision. A recommended order by an 6 administrative law judge, or a final order of the board 7 finding a violation under this section shall specify whether 8 the licensee was found to have committed "gross malpractice," 9 "repeated malpractice," or "failure to practice chiropractic 10 medicine with that level of care, skill, and treatment which 11 is recognized as being acceptable under similar conditions and 12 circumstances" or any combination thereof, and any publication 13 by the board shall so specify. 14 (s) Performing any procedure or prescribing any 15 therapy which, by the prevailing standards of chiropractic 16 medical practice in the community, would constitute 17 experimentation on human subjects, without first obtaining 18 full, informed, and written consent. 19 (t) Practicing or offering to practice beyond the 20 scope permitted by law or accepting and performing 21 professional responsibilities which the licensee knows or has 22 reason to know that she or he is not competent to perform. 23 (u) Delegating professional responsibilities to a 24 person when the licensee delegating such responsibilities 25 knows or has reason to know that such person is not qualified 26 by training, experience, or licensure to perform them. 27 (v) Violating any provision of this chapter, any rule 28 of the board or department, or a lawful order of the board or 29 department previously entered in a disciplinary hearing or 30 failing to comply with a lawfully issued subpoena of the 31 department. 59 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (w) Conspiring with another licensee or with any other 2 person to commit an act, or committing an act, which would 3 tend to coerce, intimidate, or preclude another licensee from 4 lawfully advertising her or his services. 5 (x) Submitting to any third-party payor a claim for a 6 service or treatment which was not actually provided to a 7 patient. 8 (y) Failing to preserve identity of funds and property 9 of a patient. As provided by rule of the board, money or other 10 property entrusted to a chiropractic physician for a specific 11 purpose, including advances for costs and expenses of 12 examination or treatment, is to be held in trust and must be 13 applied only to that purpose. Money and other property of 14 patients coming into the hands of a chiropractic physician are 15 not subject to counterclaim or setoff for chiropractic 16 physician's fees, and a refusal to account for and deliver 17 over such money and property upon demand shall be deemed a 18 conversion. This is not to preclude the retention of money or 19 other property upon which the chiropractic physician has a 20 valid lien for services or to preclude the payment of agreed 21 fees from the proceeds of transactions for examinations or 22 treatments. Controversies as to the amount of the fees are 23 not grounds for disciplinary proceedings unless the amount 24 demanded is clearly excessive or extortionate, or the demand 25 is fraudulent. All funds of patients paid to a chiropractic 26 physician, other than advances for costs and expenses, shall 27 be deposited in one or more identifiable bank accounts 28 maintained in the state in which the chiropractic physician's 29 office is situated, and no funds belonging to the chiropractic 30 physician shall be deposited therein except as follows: 31 1. Funds reasonably sufficient to pay bank charges may 60 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 be deposited therein. 2 2. Funds belonging in part to a patient and in part 3 presently or potentially to the physician must be deposited 4 therein, but the portion belonging to the physician may be 5 withdrawn when due unless the right of the physician to 6 receive it is disputed by the patient, in which event the 7 disputed portion shall not be withdrawn until the dispute is 8 finally resolved. 9 10 Every chiropractic physician shall maintain complete records 11 of all funds, securities, and other properties of a patient 12 coming into the possession of the physician and render 13 appropriate accounts to the patient regarding them. In 14 addition, every chiropractic physician shall promptly pay or 15 deliver to the patient, as requested by the patient, the 16 funds, securities, or other properties in the possession of 17 the physician which the patient is entitled to receive. 18 (z) Offering to accept or accepting payment for 19 services rendered by assignment from any third-party payor 20 after offering to accept or accepting whatever the third-party 21 payor covers as payment in full, if the effect of the offering 22 or acceptance is to eliminate or give the impression of 23 eliminating the need for payment by an insured of any required 24 deductions applicable in the policy of the insured. 25 (aa) Failing to provide, upon request of the insured, 26 a copy of a claim submitted to any third-party payor for 27 service or treatment of the insured. 28 (bb) Advertising a fee or charge for a service or 29 treatment which is different from the fee or charge the 30 licensee submits to third-party payors for that service or 31 treatment. 61 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (cc) Advertising any reduced or discounted fees for 2 services or treatments, or advertising any free services or 3 treatments, without prominently stating in the advertisement 4 the usual fee of the licensee for the service or treatment 5 which is the subject of the discount, rebate, or free 6 offering. 7 (dd) Using acupuncture without being certified 8 pursuant to s. 460.403(9)(f). 9 (ee) Failing to report to the department any licensee 10 under chapter 458 or under chapter 459 who the chiropractic 11 physician or chiropractic physician's assistant knows has 12 violated the grounds for disciplinary action set out in the 13 law under which that person is licensed and who provides 14 health care services in a facility licensed under chapter 395, 15 or a health maintenance organization certificated under part I 16 of chapter 641, in which the chiropractic physician or 17 chiropractic physician's assistant also provides services. 18 (ff) Violating any provision of this chapter or 19 chapter 456, or any rules adopted pursuant thereto. 20 (2) The board may enter an order denying licensure or 21 imposing any of the penalties in s. 456.072(2) against any 22 applicant for licensure or licensee who is found guilty of 23 violating any provision of subsection (1) of this section or 24 who is found guilty of violating any provision of s. 25 456.072(1). When the board finds any person guilty of any of 26 the grounds set forth in subsection (1), it may enter an order 27 imposing one or more of the following penalties: 28 (a) Refusal to certify to the department an 29 application for licensure. 30 (b) Revocation or suspension of a license. 31 (c) Restriction of practice. 62 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (d) Imposition of an administrative fine not to exceed 2 $10,000 for each count or separate offense. 3 (e) Issuance of a reprimand. 4 (f) Placement of the chiropractic physician on 5 probation for a period of time and subject to such conditions 6 as the board may specify, including requiring the chiropractic 7 physician to submit to treatment, to attend continuing 8 education courses, to submit to reexamination, or to work 9 under the supervision of another chiropractic physician. 10 (g) Imposition of costs of the investigation and 11 prosecution. 12 (h) Requirement that the chiropractic physician 13 undergo remedial education. 14 (i) Issuance of a letter of concern. 15 (j) Corrective action. 16 (k) Refund of fees billed to and collected from the 17 patient or a third party. 18 19 In determining what action is appropriate, the board must 20 first consider what sanctions are necessary to protect the 21 public or to compensate the patient. Only after those 22 sanctions have been imposed may the disciplining authority 23 consider and include in the order requirements designed to 24 rehabilitate the chiropractic physician. All costs associated 25 with compliance with orders issued under this subsection are 26 the obligation of the chiropractic physician. 27 Section 26. Subsections (1) and (2) of section 28 461.013, Florida Statutes, are amended to read: 29 461.013 Grounds for disciplinary action; action by the 30 board; investigations by department.-- 31 (1) The following acts shall constitute grounds for 63 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 denial of a license or disciplinary action, as specified in s. 2 456.072(2) which the disciplinary actions specified in 3 subsection (2) may be taken: 4 (a) Attempting to obtain, obtaining, or renewing a 5 license to practice podiatric medicine by bribery, by 6 fraudulent misrepresentations, or through an error of the 7 department or the board. 8 (b) Having a license to practice podiatric medicine 9 revoked, suspended, or otherwise acted against, including the 10 denial of licensure, by the licensing authority of another 11 state, territory, or country. 12 (c) Being convicted or found guilty, regardless of 13 adjudication, of a crime in any jurisdiction which directly 14 relates to the practice of podiatric medicine or to the 15 ability to practice podiatric medicine. Any plea of nolo 16 contendere shall be considered a conviction for purposes of 17 this chapter. 18 (d) False, deceptive, or misleading advertising. 19 (e) Advertising, practicing, or attempting to practice 20 under a name other than one's own. 21 (f) Failing to report to the department any person who 22 the licensee knows is in violation of this chapter or of the 23 rules of the department or the board. 24 (g) Aiding, assisting, procuring, permitting, or 25 advising any unlicensed person to practice podiatric medicine 26 contrary to this chapter or to rule of the department or the 27 board. 28 (h) Failing to perform any statutory or legal 29 obligation placed upon a licensed podiatric physician. 30 (i) Making or filing a report which the licensee knows 31 to be false, intentionally or negligently failing to file a 64 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 report or record required by state or federal law, willfully 2 impeding or obstructing such filing or inducing another person 3 to do so. Such report or records shall include only those 4 which are signed in the capacity of a licensed podiatric 5 physician. 6 (j) Making misleading, deceptive, untrue, or 7 fraudulent representations in the practice of podiatric 8 medicine or employing a trick or scheme in the practice of 9 podiatric medicine when such scheme or trick fails to conform 10 to the generally prevailing standards of treatment in the 11 podiatric community. 12 (k) Soliciting patients either personally or through 13 an agent, unless such solicitation falls into a category of 14 solicitations approved by rule of the board. 15 (l) Failing to keep written medical records justifying 16 the course of treatment of the patient, including, but not 17 limited to, patient histories, examination results, and test 18 results. 19 (m) Exercising influence on the patient or client in 20 such a manner as to exploit the patient or client for 21 financial gain of the licensee or of a third party which shall 22 include, but not be limited to, the promotion or sale of 23 services, goods, appliances, or drugs and the promoting or 24 advertising on any prescription form of a community pharmacy 25 unless the form shall also state "This prescription may be 26 filled at any pharmacy of your choice." 27 (n) Performing professional services which have not 28 been duly authorized by the patient or client or her or his 29 legal representative except as provided in ss. 743.064, 30 766.103, and 768.13. 31 (o) Prescribing, dispensing, administering, mixing, or 65 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 otherwise preparing a legend drug, including all controlled 2 substances, other than in the course of the podiatric 3 physician's professional practice. For the purposes of this 4 paragraph, it shall be legally presumed that prescribing, 5 dispensing, administering, mixing, or otherwise preparing 6 legend drugs, including all controlled substances, 7 inappropriately or in excessive or inappropriate quantities is 8 not in the best interest of the patient and is not in the 9 course of the podiatric physician's professional practice, 10 without regard to her or his intent. 11 (p) Prescribing, dispensing, or administering any 12 medicinal drug appearing on any schedule set forth in chapter 13 893 by the podiatric physician to herself or himself except 14 those prescribed, dispensed, or administered to the podiatric 15 physician by another practitioner authorized to prescribe, 16 dispense, or administer them. 17 (q) Prescribing, ordering, dispensing, administering, 18 supplying, selling, or giving any amphetamine or 19 sympathomimetic amine drug or compound designated as a 20 Schedule II controlled substance pursuant to chapter 893. 21 (r) Being unable to practice podiatric medicine with 22 reasonable skill and safety to patients by reason of illness 23 or use of alcohol, drugs, narcotics, chemicals, or any other 24 type of material or as a result of any mental or physical 25 condition. In enforcing this paragraph the department shall, 26 upon probable cause, have authority to compel a podiatric 27 physician to submit to a mental or physical examination by 28 physicians designated by the department. Failure of a 29 podiatric physician to submit to such examination when 30 directed shall constitute an admission of the allegations 31 against her or him, unless the failure was due to 66 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 circumstances beyond her or his control, consequent upon which 2 a default and final order may be entered without the taking of 3 testimony or presentation of evidence. A podiatric physician 4 affected under this paragraph shall at reasonable intervals be 5 afforded an opportunity to demonstrate that she or he can 6 resume the competent practice of podiatric medicine with 7 reasonable skill and safety to patients. 8 (s) Gross or repeated malpractice or the failure to 9 practice podiatric medicine at a level of care, skill, and 10 treatment which is recognized by a reasonably prudent 11 podiatric physician as being acceptable under similar 12 conditions and circumstances. The board shall give great 13 weight to the standards for malpractice in s. 766.102 in 14 interpreting this section. As used in this paragraph, 15 "repeated malpractice" includes, but is not limited to, three 16 or more claims for medical malpractice within the previous 17 5-year period resulting in indemnities being paid in excess of 18 $10,000 each to the claimant in a judgment or settlement and 19 which incidents involved negligent conduct by the podiatric 20 physicians. As used in this paragraph, "gross malpractice" or 21 "the failure to practice podiatric medicine with the level of 22 care, skill, and treatment which is recognized by a reasonably 23 prudent similar podiatric physician as being acceptable under 24 similar conditions and circumstances" shall not be construed 25 so as to require more than one instance, event, or act. 26 (t) Performing any procedure or prescribing any 27 therapy which, by the prevailing standards of podiatric 28 medical practice in the community, would constitute 29 experimentation on human subjects without first obtaining 30 full, informed, and written consent. 31 (u) Practicing or offering to practice beyond the 67 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 scope permitted by law or accepting and performing 2 professional responsibilities which the licensee knows or has 3 reason to know that she or he is not competent to perform. 4 (v) Delegating professional responsibilities to a 5 person when the licensee delegating such responsibilities 6 knows or has reason to know that such person is not qualified 7 by training, experience, or licensure to perform them. 8 (w) Violating any provision of this chapter or chapter 9 456, any rule of the board or department, or a lawful order of 10 the board or department previously entered in a disciplinary 11 hearing or failing to comply with a lawfully issued subpoena 12 of the board or department. 13 (x) Conspiring with another licensee or with any other 14 person to commit an act, or committing an act, which would 15 tend to coerce, intimidate, or preclude another licensee from 16 lawfully advertising her or his services. 17 (y) Prescribing, ordering, dispensing, administering, 18 supplying, selling, or giving growth hormones, testosterone or 19 its analogs, human chorionic gonadotropin (HCG), or other 20 hormones for the purpose of muscle building or to enhance 21 athletic performance. For the purposes of this subsection, the 22 term "muscle building" does not include the treatment of 23 injured muscle. A prescription written for any of the drug 24 products listed above may be dispensed by the pharmacist with 25 the presumption that the prescription is for legitimate 26 medical use. 27 (z) Fraud, deceit, or misconduct in the practice of 28 podiatric medicine. 29 (aa) Failing to report to the department any licensee 30 under chapter 458 or chapter 459 who the podiatric physician 31 knows has violated the grounds for disciplinary action set out 68 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 in the law under which that person is licensed and who 2 provides health care services in a facility licensed under 3 chapter 395, or a health maintenance organization certificated 4 under part I of chapter 641, in which the podiatric physician 5 also provides services. 6 (bb) Failing to comply with the requirements of ss. 7 381.026 and 381.0261 to provide patients with information 8 about their patient rights and how to file a patient 9 complaint. 10 (cc) Violating any provision of this chapter or 11 chapter 456, or any rules adopted pursuant thereto. 12 (2) The board may enter an order denying licensure or 13 imposing any of the penalties in s. 456.072(2) against any 14 applicant for licensure or licensee who is found guilty of 15 violating any provision of subsection (1) of this section or 16 who is found guilty of violating any provision of s. 17 456.072(1). When the board finds any person guilty of any of 18 the grounds set forth in subsection (1), it may enter an order 19 imposing one or more of the following penalties: 20 (a) Refusal to certify to the department an 21 application for licensure. 22 (b) Revocation or suspension of a license. 23 (c) Restriction of practice. 24 (d) Imposition of an administrative fine not to exceed 25 $10,000 for each count or separate offense. 26 (e) Issuance of a reprimand. 27 (f) Placing the podiatric physician on probation for a 28 period of time and subject to such conditions as the board may 29 specify, including requiring the podiatric physician to submit 30 to treatment, to attend continuing education courses, to 31 submit to reexamination, and to work under the supervision of 69 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 another podiatric physician. 2 (g) Imposition of an administrative fine in accordance 3 with s. 381.0261 for violations regarding patient rights. 4 Section 27. Subsections (1) and (2) of section 462.14, 5 Florida Statutes, are amended to read: 6 462.14 Grounds for disciplinary action; action by the 7 department.-- 8 (1) The following acts constitute grounds for denial 9 of a license or disciplinary action, as specified in s. 10 456.072(2) which the disciplinary actions specified in 11 subsection (2) may be taken: 12 (a) Attempting to obtain, obtaining, or renewing a 13 license to practice naturopathic medicine by bribery, by 14 fraudulent misrepresentation, or through an error of the 15 department. 16 (b) Having a license to practice naturopathic medicine 17 revoked, suspended, or otherwise acted against, including the 18 denial of licensure, by the licensing authority of another 19 state, territory, or country. 20 (c) Being convicted or found guilty, regardless of 21 adjudication, of a crime in any jurisdiction which directly 22 relates to the practice of naturopathic medicine or to the 23 ability to practice naturopathic medicine. Any plea of nolo 24 contendere shall be considered a conviction for purposes of 25 this chapter. 26 (d) False, deceptive, or misleading advertising. 27 (e) Advertising, practicing, or attempting to practice 28 under a name other than one's own. 29 (f) Failing to report to the department any person who 30 the licensee knows is in violation of this chapter or of the 31 rules of the department. 70 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (g) Aiding, assisting, procuring, or advising any 2 unlicensed person to practice naturopathic medicine contrary 3 to this chapter or to a rule of the department. 4 (h) Failing to perform any statutory or legal 5 obligation placed upon a licensed naturopathic physician. 6 (i) Making or filing a report which the licensee knows 7 to be false, intentionally or negligently failing to file a 8 report or record required by state or federal law, willfully 9 impeding or obstructing such filing or inducing another person 10 to do so. Such reports or records shall include only those 11 which are signed in the capacity as a licensed naturopathic 12 physician. 13 (j) Paying or receiving any commission, bonus, 14 kickback, or rebate, or engaging in any split-fee arrangement 15 in any form whatsoever with a physician, organization, agency, 16 or person, either directly or indirectly, for patients 17 referred to providers of health care goods and services, 18 including, but not limited to, hospitals, nursing homes, 19 clinical laboratories, ambulatory surgical centers, or 20 pharmacies. The provisions of this paragraph shall not be 21 construed to prevent a naturopathic physician from receiving a 22 fee for professional consultation services. 23 (k) Exercising influence within a patient-physician 24 relationship for purposes of engaging a patient in sexual 25 activity. A patient shall be presumed to be incapable of 26 giving free, full, and informed consent to sexual activity 27 with her or his physician. 28 (l) Making deceptive, untrue, or fraudulent 29 representations in the practice of naturopathic medicine or 30 employing a trick or scheme in the practice of naturopathic 31 medicine when such scheme or trick fails to conform to the 71 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 generally prevailing standards of treatment in the medical 2 community. 3 (m) Soliciting patients, either personally or through 4 an agent, through the use of fraud, intimidation, undue 5 influence, or a form of overreaching or vexatious conduct. A 6 "solicitation" is any communication which directly or 7 implicitly requests an immediate oral response from the 8 recipient. 9 (n) Failing to keep written medical records justifying 10 the course of treatment of the patient, including, but not 11 limited to, patient histories, examination results, test 12 results, X rays, and records of the prescribing, dispensing 13 and administering of drugs. 14 (o) Exercising influence on the patient or client in 15 such a manner as to exploit the patient or client for the 16 financial gain of the licensee or of a third party, which 17 shall include, but not be limited to, the promoting or selling 18 of services, goods, appliances, or drugs and the promoting or 19 advertising on any prescription form of a community pharmacy 20 unless the form also states "This prescription may be filled 21 at any pharmacy of your choice." 22 (p) Performing professional services which have not 23 been duly authorized by the patient or client, or her or his 24 legal representative, except as provided in s. 743.064, s. 25 766.103, or s. 768.13. 26 (q) Prescribing, dispensing, administering, mixing, or 27 otherwise preparing a legend drug, including any controlled 28 substance, other than in the course of the naturopathic 29 physician's professional practice. For the purposes of this 30 paragraph, it shall be legally presumed that prescribing, 31 dispensing, administering, mixing, or otherwise preparing 72 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 legend drugs, including all controlled substances, 2 inappropriately or in excessive or inappropriate quantities is 3 not in the best interest of the patient and is not in the 4 course of the naturopathic physician's professional practice, 5 without regard to her or his intent. 6 (r) Prescribing, dispensing, or administering any 7 medicinal drug appearing on any schedule set forth in chapter 8 893 by the naturopathic physician to herself or himself, 9 except one prescribed, dispensed, or administered to the 10 naturopathic physician by another practitioner authorized to 11 prescribe, dispense, or administer medicinal drugs. 12 (s) Being unable to practice naturopathic medicine 13 with reasonable skill and safety to patients by reason of 14 illness or use of alcohol, drugs, narcotics, chemicals, or any 15 other type of material or as a result of any mental or 16 physical condition. In enforcing this paragraph, the 17 department shall have, upon probable cause, authority to 18 compel a naturopathic physician to submit to a mental or 19 physical examination by physicians designated by the 20 department. The failure of a naturopathic physician to submit 21 to such an examination when so directed shall constitute an 22 admission of the allegations against her or him upon which a 23 default and final order may be entered without the taking of 24 testimony or presentation of evidence, unless the failure was 25 due to circumstances beyond the naturopathic physician's 26 control. A naturopathic physician affected under this 27 paragraph shall at reasonable intervals be afforded an 28 opportunity to demonstrate that she or he can resume the 29 competent practice of naturopathic medicine with reasonable 30 skill and safety to patients. In any proceeding under this 31 paragraph, neither the record of proceedings nor the orders 73 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 entered by the department may be used against a naturopathic 2 physician in any other proceeding. 3 (t) Gross or repeated malpractice or the failure to 4 practice naturopathic medicine with that level of care, skill, 5 and treatment which is recognized by a reasonably prudent 6 similar physician as being acceptable under similar conditions 7 and circumstances. The department shall give great weight to 8 the provisions of s. 766.102 when enforcing this paragraph. 9 (u) Performing any procedure or prescribing any 10 therapy which, by the prevailing standards of medical practice 11 in the community, constitutes experimentation on a human 12 subject, without first obtaining full, informed, and written 13 consent. 14 (v) Practicing or offering to practice beyond the 15 scope permitted by law or accepting and performing 16 professional responsibilities which the licensee knows or has 17 reason to know that she or he is not competent to perform. 18 (w) Delegating professional responsibilities to a 19 person when the licensee delegating such responsibilities 20 knows or has reason to know that such person is not qualified 21 by training, experience, or licensure to perform them. 22 (x) Violating any provision of this chapter, any rule 23 of the department, or a lawful order of the department 24 previously entered in a disciplinary hearing or failing to 25 comply with a lawfully issued subpoena of the department. 26 (y) Conspiring with another licensee or with any other 27 person to commit an act, or committing an act, which would 28 tend to coerce, intimidate, or preclude another licensee from 29 lawfully advertising her or his services. 30 (z) Procuring, or aiding or abetting in the procuring 31 of, an unlawful termination of pregnancy. 74 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (aa) Presigning blank prescription forms. 2 (bb) Prescribing by the naturopathic physician for 3 office use any medicinal drug appearing on Schedule II in 4 chapter 893. 5 (cc) Prescribing, ordering, dispensing, administering, 6 supplying, selling, or giving any drug which is an amphetamine 7 or sympathomimetic amine drug, or a compound designated 8 pursuant to chapter 893 as a Schedule II controlled substance 9 to or for any person except for: 10 1. The treatment of narcolepsy; hyperkinesis; 11 behavioral syndrome in children characterized by the 12 developmentally inappropriate symptoms of moderate to severe 13 distractability, short attention span, hyperactivity, 14 emotional lability, and impulsivity; or drug-induced brain 15 dysfunction. 16 2. The differential diagnostic psychiatric evaluation 17 of depression or the treatment of depression shown to be 18 refractory to other therapeutic modalities. 19 3. The clinical investigation of the effects of such 20 drugs or compounds when an investigative protocol therefor is 21 submitted to, reviewed, and approved by the department before 22 such investigation is begun. 23 (dd) Prescribing, ordering, dispensing, administering, 24 supplying, selling, or giving growth hormones, testosterone or 25 its analogs, human chorionic gonadotropin (HCG), or other 26 hormones for the purpose of muscle building or to enhance 27 athletic performance. For the purposes of this subsection, the 28 term "muscle building" does not include the treatment of 29 injured muscle. A prescription written for the drug products 30 listed above may be dispensed by the pharmacist with the 31 presumption that the prescription is for legitimate medical 75 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 use. 2 (ee) Violating any provision of this chapter or 3 chapter 456, or any rules adopted pursuant thereto. 4 (2) The department may enter an order denying 5 licensure or imposing any of the penalties in s. 456.072(2) 6 against any applicant for licensure or licensee who is found 7 guilty of violating any provision of subsection (1) of this 8 section or who is found guilty of violating any provision of 9 s. 456.072(1). When the department finds any person guilty of 10 any of the grounds set forth in subsection (1), it may enter 11 an order imposing one or more of the following penalties: 12 (a) Refusal to certify to the department an 13 application for licensure. 14 (b) Revocation or suspension of a license. 15 (c) Restriction of practice. 16 (d) Imposition of an administrative fine not to exceed 17 $1,000 for each count or separate offense. 18 (e) Issuance of a reprimand. 19 (f) Placement of the naturopathic physician on 20 probation for a period of time and subject to such conditions 21 as the department may specify, including, but not limited to, 22 requiring the naturopathic physician to submit to treatment, 23 to attend continuing education courses, to submit to 24 reexamination, or to work under the supervision of another 25 naturopathic physician. 26 Section 28. Subsections (1) and (2) of section 27 463.016, Florida Statutes, are amended to read: 28 463.016 Grounds for disciplinary action; action by the 29 board.-- 30 (1) The following acts shall constitute grounds for 31 denial of a license or disciplinary action, as specified in s. 76 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 456.072(2) which the disciplinary actions specified in 2 subsection (2) may be taken: 3 (a) Procuring or attempting to procure a license to 4 practice optometry by bribery, by fraudulent 5 misrepresentations, or through an error of the department or 6 board. 7 (b) Procuring or attempting to procure a license for 8 any other person by making or causing to be made any false 9 representation. 10 (c) Having a license to practice optometry revoked, 11 suspended, or otherwise acted against, including the denial of 12 licensure, by the licensing authority of another jurisdiction. 13 (d) Being convicted or found guilty, regardless of 14 adjudication, of a crime in any jurisdiction which directly 15 relates to the practice of optometry or to the ability to 16 practice optometry. Any plea of nolo contendere shall be 17 considered a conviction for the purposes of this chapter. 18 (e) Making or filing a report or record which the 19 licensee knows to be false, intentionally or negligently 20 failing to file a report or record required by state or 21 federal law, willfully impeding or obstructing such filing, or 22 inducing another person to do so. Such reports or records 23 shall include only those which are signed by the licensee in 24 her or his capacity as a licensed practitioner. 25 (f) Advertising goods or services in a manner which is 26 fraudulent, false, deceptive, or misleading in form or 27 content. 28 (g) Fraud or deceit, negligence or incompetency, or 29 misconduct in the practice of optometry. 30 (h) A violation or repeated violations of provisions 31 of this chapter, or of chapter 456, and any rules promulgated 77 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 pursuant thereto. 2 (i) Conspiring with another licensee or with any 3 person to commit an act, or committing an act, which would 4 coerce, intimidate, or preclude another licensee from lawfully 5 advertising her or his services. 6 (j) Willfully submitting to any third-party payor a 7 claim for services which were not provided to a patient. 8 (k) Failing to keep written optometric records about 9 the examinations, treatments, and prescriptions for patients. 10 (l) Willfully failing to report any person who the 11 licensee knows is in violation of this chapter or of rules of 12 the department or the board. 13 (m) Gross or repeated malpractice. 14 (n) Practicing with a revoked, suspended, inactive, or 15 delinquent license. 16 (o) Being unable to practice optometry with reasonable 17 skill and safety to patients by reason of illness or use of 18 alcohol, drugs, narcotics, chemicals, or any other type of 19 material or as a result of any mental or physical condition. 20 A licensed practitioner affected under this paragraph shall at 21 reasonable intervals be afforded an opportunity to demonstrate 22 that she or he can resume the competent practice of optometry 23 with reasonable skill and safety to patients. 24 (p) Having been disciplined by a regulatory agency in 25 another state for any offense that would constitute a 26 violation of Florida laws or rules regulating optometry. 27 (q) Violating any provision of s. 463.014 or s. 28 463.015. 29 (r) Violating any lawful order of the board or 30 department, previously entered in a disciplinary hearing, or 31 failing to comply with a lawfully issued subpoena of the board 78 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 or department. 2 (s) Practicing or offering to practice beyond the 3 scope permitted by law or accepting and performing 4 professional responsibilities which the licensed practitioner 5 knows or has reason to know she or he is not competent to 6 perform. 7 (t) Violating any provision of this chapter or chapter 8 456, or any rules adopted pursuant thereto. 9 (2) The department may enter an order imposing any of 10 the penalties in s. 456.072(2) against any licensee who is 11 found guilty of violating any provision of subsection (1) of 12 this section or who is found guilty of violating any provision 13 of s. 456.072(1). When the board finds any person guilty of 14 any of the grounds set forth in subsection (1), it may enter 15 an order imposing one or more of the following penalties: 16 (a) Refusal to certify to the department an 17 application for licensure. 18 (b) Revocation or suspension of a license. 19 (c) Imposition of an administrative fine not to exceed 20 $5,000 for each count or separate offense. 21 (d) Issuance of a reprimand. 22 (e) Placement of the licensed practitioner on 23 probation for a period of time and subject to such conditions 24 as the board may specify, including requiring the licensed 25 practitioner to submit to treatment, to attend continuing 26 education courses, or to work under the supervision of another 27 licensed practitioner. 28 Section 29. Subsections (1) and (2) of section 29 464.018, Florida Statutes, are amended to read: 30 464.018 Disciplinary actions.-- 31 (1) The following acts constitute shall be grounds for 79 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 denial of a license or disciplinary action, as specified in s. 2 456.072(2) disciplinary action set forth in this section: 3 (a) Procuring, attempting to procure, or renewing a 4 license to practice nursing by bribery, by knowing 5 misrepresentations, or through an error of the department or 6 the board. 7 (b) Having a license to practice nursing revoked, 8 suspended, or otherwise acted against, including the denial of 9 licensure, by the licensing authority of another state, 10 territory, or country. 11 (c) Being convicted or found guilty of, or entering a 12 plea of nolo contendere to, regardless of adjudication, a 13 crime in any jurisdiction which directly relates to the 14 practice of nursing or to the ability to practice nursing. 15 (d) Being found guilty, regardless of adjudication, of 16 any of the following offenses: 17 1. A forcible felony as defined in chapter 776. 18 2. A violation of chapter 812, relating to theft, 19 robbery, and related crimes. 20 3. A violation of chapter 817, relating to fraudulent 21 practices. 22 4. A violation of chapter 800, relating to lewdness 23 and indecent exposure. 24 5. A violation of chapter 784, relating to assault, 25 battery, and culpable negligence. 26 6. A violation of chapter 827, relating to child 27 abuse. 28 7. A violation of chapter 415, relating to protection 29 from abuse, neglect, and exploitation. 30 8. A violation of chapter 39, relating to child abuse, 31 abandonment, and neglect. 80 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (e) Having been found guilty of, regardless of 2 adjudication, or entered a plea of nolo contendere or guilty 3 to, any offense prohibited under s. 435.03 or under any 4 similar statute of another jurisdiction; or having committed 5 an act which constitutes domestic violence as defined in s. 6 741.28. 7 (f) Making or filing a false report or record, which 8 the licensee knows to be false, intentionally or negligently 9 failing to file a report or record required by state or 10 federal law, willfully impeding or obstructing such filing or 11 inducing another person to do so. Such reports or records 12 shall include only those which are signed in the nurse's 13 capacity as a licensed nurse. 14 (g) False, misleading, or deceptive advertising. 15 (h) Unprofessional conduct, which shall include, but 16 not be limited to, any departure from, or the failure to 17 conform to, the minimal standards of acceptable and prevailing 18 nursing practice, in which case actual injury need not be 19 established. 20 (i) Engaging or attempting to engage in the 21 possession, sale, or distribution of controlled substances as 22 set forth in chapter 893, for any other than legitimate 23 purposes authorized by this part. 24 (j) Being unable to practice nursing with reasonable 25 skill and safety to patients by reason of illness or use of 26 alcohol, drugs, narcotics, or chemicals or any other type of 27 material or as a result of any mental or physical condition. 28 In enforcing this paragraph, the department shall have, upon a 29 finding of the secretary or the secretary's designee that 30 probable cause exists to believe that the licensee is unable 31 to practice nursing because of the reasons stated in this 81 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 paragraph, the authority to issue an order to compel a 2 licensee to submit to a mental or physical examination by 3 physicians designated by the department. If the licensee 4 refuses to comply with such order, the department's order 5 directing such examination may be enforced by filing a 6 petition for enforcement in the circuit court where the 7 licensee resides or does business. The licensee against whom 8 the petition is filed shall not be named or identified by 9 initials in any public court records or documents, and the 10 proceedings shall be closed to the public. The department 11 shall be entitled to the summary procedure provided in s. 12 51.011. A nurse affected by the provisions of this paragraph 13 shall at reasonable intervals be afforded an opportunity to 14 demonstrate that she or he can resume the competent practice 15 of nursing with reasonable skill and safety to patients. 16 (k) Failing to report to the department any person who 17 the licensee knows is in violation of this part or of the 18 rules of the department or the board; however, if the licensee 19 verifies that such person is actively participating in a 20 board-approved program for the treatment of a physical or 21 mental condition, the licensee is required to report such 22 person only to an impaired professionals consultant. 23 (l) Knowingly violating any provision of this part, a 24 rule of the board or the department, or a lawful order of the 25 board or department previously entered in a disciplinary 26 proceeding or failing to comply with a lawfully issued 27 subpoena of the department. 28 (m) Failing to report to the department any licensee 29 under chapter 458 or under chapter 459 who the nurse knows has 30 violated the grounds for disciplinary action set out in the 31 law under which that person is licensed and who provides 82 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 health care services in a facility licensed under chapter 395, 2 or a health maintenance organization certificated under part I 3 of chapter 641, in which the nurse also provides services. 4 (n) Violating any provision of this chapter or chapter 5 456, or any rules adopted pursuant thereto. 6 (2) The board may enter an order denying licensure or 7 imposing any of the penalties in s. 456.072(2) against any 8 applicant for licensure or licensee who is found guilty of 9 violating any provision of subsection (1) of this section or 10 who is found guilty of violating any provision of s. 11 456.072(1). When the board finds any person guilty of any of 12 the grounds set forth in subsection (1), it may enter an order 13 imposing one or more of the following penalties: 14 (a) Refusal to certify to the department an 15 application for licensure. 16 (b) Revocation or suspension of a license with 17 reinstatement subject to the provisions of subsection (3). 18 (c) Permanent revocation of a license. 19 (d) Restriction of practice. 20 (e) Imposition of an administrative fine not to exceed 21 $1,000 for each count or separate offense. 22 (f) Issuance of a reprimand. 23 (g) Placement of the nurse on probation for a period 24 of time and subject to such conditions as the board may 25 specify, including requiring the nurse to submit to treatment, 26 to attend continuing education courses, to take an 27 examination, or to work under the supervision of another 28 nurse. 29 Section 30. Subsection (3) of section 465.008, Florida 30 Statutes, is amended to read: 31 465.008 Renewal of license.-- 83 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (3) Sixty days prior to the end of the biennium the 2 department shall mail a notice of renewal to the last known 3 address of the licensee. 4 Section 31. Subsections (1) and (2) of section 5 465.016, Florida Statutes, are amended to read: 6 465.016 Disciplinary actions.-- 7 (1) The following acts constitute shall be grounds for 8 denial of a license or disciplinary action, as specified in s. 9 456.072(2) disciplinary action set forth in this section: 10 (a) Obtaining a license by misrepresentation or fraud 11 or through an error of the department or the board. 12 (b) Procuring or attempting to procure a license for 13 any other person by making or causing to be made any false 14 representation. 15 (c) Permitting any person not licensed as a pharmacist 16 in this state or not registered as an intern in this state, or 17 permitting a registered intern who is not acting under the 18 direct and immediate personal supervision of a licensed 19 pharmacist, to fill, compound, or dispense any prescriptions 20 in a pharmacy owned and operated by such pharmacist or in a 21 pharmacy where such pharmacist is employed or on duty. 22 (d) Being unfit or incompetent to practice pharmacy by 23 reason of: 24 1. Habitual intoxication. 25 2. The misuse or abuse of any medicinal drug appearing 26 in any schedule set forth in chapter 893. 27 3. Any abnormal physical or mental condition which 28 threatens the safety of persons to whom she or he might sell 29 or dispense prescriptions, drugs, or medical supplies or for 30 whom she or he might manufacture, prepare, or package, or 31 supervise the manufacturing, preparation, or packaging of, 84 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 prescriptions, drugs, or medical supplies. 2 (e) Violating any of the requirements of this chapter; 3 or if licensed as a practitioner in this or any other state, 4 violating any of the requirements of their respective practice 5 act or violating chapter 499; 21 U.S.C. ss. 301-392, known as 6 the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et 7 seq., known as the Comprehensive Drug Abuse Prevention and 8 Control Act; or chapter 893. 9 (f) Having been convicted or found guilty, regardless 10 of adjudication, in a court of this state or other 11 jurisdiction, of a crime which directly relates to the ability 12 to practice pharmacy or to the practice of pharmacy. A plea 13 of nolo contendere constitutes a conviction for purposes of 14 this provision. 15 (g) Using in the compounding of a prescription, or 16 furnishing upon prescription, an ingredient or article 17 different in any manner from the ingredient or article 18 prescribed, except as authorized in s. 465.019(6) or s. 19 465.025. 20 (h) Having been disciplined by a regulatory agency in 21 another state for any offense that would constitute a 22 violation of this chapter. 23 (i) Compounding, dispensing, or distributing a legend 24 drug, including any controlled substance, other than in the 25 course of the professional practice of pharmacy. For purposes 26 of this paragraph, it shall be legally presumed that the 27 compounding, dispensing, or distributing of legend drugs in 28 excessive or inappropriate quantities is not in the best 29 interests of the patient and is not in the course of the 30 professional practice of pharmacy. 31 (j) Making or filing a report or record which the 85 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 licensee knows to be false, intentionally or negligently 2 failing to file a report or record required by federal or 3 state law, willfully impeding or obstructing such filing, or 4 inducing another person to do so. Such reports or records 5 include only those which the licensee is required to make or 6 file in her or his capacity as a licensed pharmacist. 7 (k) Failing to make prescription fee or price 8 information readily available by failing to provide such 9 information upon request and upon the presentation of a 10 prescription for pricing or dispensing. Nothing in this 11 section shall be construed to prohibit the quotation of price 12 information on a prescription drug to a potential consumer by 13 telephone. 14 (l) Placing in the stock of any pharmacy any part of 15 any prescription compounded or dispensed which is returned by 16 a patient; however, in a hospital, nursing home, correctional 17 facility, or extended care facility in which unit-dose 18 medication is dispensed to inpatients, each dose being 19 individually sealed and the individual unit dose or unit-dose 20 system labeled with the name of the drug, dosage strength, 21 manufacturer's control number, and expiration date, if any, 22 the unused unit dose of medication may be returned to the 23 pharmacy for redispensing. Each pharmacist shall maintain 24 appropriate records for any unused or returned medicinal 25 drugs. 26 (m) Being unable to practice pharmacy with reasonable 27 skill and safety by reason of illness, use of drugs, 28 narcotics, chemicals, or any other type of material or as a 29 result of any mental or physical condition. A pharmacist 30 affected under this paragraph shall at reasonable intervals be 31 afforded an opportunity to demonstrate that she or he can 86 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 resume the competent practice of pharmacy with reasonable 2 skill and safety to her or his customers. 3 (n) Violating a rule of the board or department or 4 violating an order of the board or department previously 5 entered in a disciplinary hearing. 6 (o) Failing to report to the department any licensee 7 under chapter 458 or under chapter 459 who the pharmacist 8 knows has violated the grounds for disciplinary action set out 9 in the law under which that person is licensed and who 10 provides health care services in a facility licensed under 11 chapter 395, or a health maintenance organization certificated 12 under part I of chapter 641, in which the pharmacist also 13 provides services. 14 (p) Failing to notify the Board of Pharmacy in writing 15 within 20 days of the commencement or cessation of the 16 practice of the profession of pharmacy in Florida when such 17 commencement or cessation of the practice of the profession of 18 pharmacy in Florida was a result of a pending or completed 19 disciplinary action or investigation in another jurisdiction. 20 (q) Using or releasing a patient's records except as 21 authorized by this chapter and chapter 456. 22 (r) Violating any provision of this chapter or chapter 23 456, or any rules adopted pursuant thereto. 24 (2) The board may enter an order denying licensure or 25 imposing any of the penalties in s. 456.072(2) against any 26 applicant for licensure or licensee who is found guilty of 27 violating any provision of subsection (1) of this section or 28 who is found guilty of violating any provision of s. 29 456.072(1). When the board finds any person guilty of any of 30 the grounds set forth in subsection (1), it may enter an order 31 imposing one or more of the following penalties: 87 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (a) Refusal to certify to the department an 2 application for licensure. 3 (b) Revocation or suspension of a license. 4 (c) Imposition of an administrative fine not to exceed 5 $5,000 for each count or separate offense. 6 (d) Issuance of a reprimand. 7 (e) Placement of the pharmacist on probation for a 8 period of time and subject to such conditions as the board may 9 specify, including, but not limited to, requiring the 10 pharmacist to submit to treatment, to attend continuing 11 education courses, to submit to reexamination, or to work 12 under the supervision of another pharmacist. 13 Section 32. Subsections (1) and (2) of section 14 466.028, Florida Statutes, are amended to read: 15 466.028 Grounds for disciplinary action; action by the 16 board.-- 17 (1) The following acts shall constitute grounds for 18 denial of a license or disciplinary action, as specified in s. 19 456.072(2) which the disciplinary actions specified in 20 subsection (2) may be taken: 21 (a) Attempting to obtain, obtaining, or renewing a 22 license under this chapter by bribery, fraudulent 23 misrepresentations, or through an error of the department or 24 the board. 25 (b) Having a license to practice dentistry or dental 26 hygiene revoked, suspended, or otherwise acted against, 27 including the denial of licensure, by the licensing authority 28 of another state, territory, or country. 29 (c) Being convicted or found guilty of or entering a 30 plea of nolo contendere to, regardless of adjudication, a 31 crime in any jurisdiction which relates to the practice of 88 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 dentistry or dental hygiene. A plea of nolo contendere shall 2 create a rebuttable presumption of guilt to the underlying 3 criminal charges. 4 (d) Advertising goods or services in a manner which is 5 fraudulent, false, deceptive, or misleading in form or content 6 contrary to s. 466.019 or rules of the board adopted pursuant 7 thereto. 8 (e) Advertising, practicing, or attempting to practice 9 under a name other than one's own. 10 (f) Failing to report to the department any person who 11 the licensee knows, or has reason to believe, is clearly in 12 violation of this chapter or of the rules of the department or 13 the board. 14 (g) Aiding, assisting, procuring, or advising any 15 unlicensed person to practice dentistry or dental hygiene 16 contrary to this chapter or to a rule of the department or the 17 board. 18 (h) Being employed by any corporation, organization, 19 group, or person other than a dentist or a professional 20 corporation or limited liability company composed of dentists 21 to practice dentistry. 22 (i) Failing to perform any statutory or legal 23 obligation placed upon a licensee. 24 (j) Making or filing a report which the licensee knows 25 to be false, failing to file a report or record required by 26 state or federal law, knowingly impeding or obstructing such 27 filing or inducing another person to do so. Such reports or 28 records shall include only those which are signed in the 29 capacity as a licensee. 30 (k) Committing any act which would constitute sexual 31 battery, as defined in chapter 794, upon a patient or 89 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 intentionally touching the sexual organ of a patient. 2 (l) Making deceptive, untrue, or fraudulent 3 representations in or related to the practice of dentistry. 4 (m) Failing to keep written dental records and medical 5 history records justifying the course of treatment of the 6 patient including, but not limited to, patient histories, 7 examination results, test results, and X rays, if taken. 8 (n) Failing to make available to a patient or client, 9 or to her or his legal representative or to the department if 10 authorized in writing by the patient, copies of documents in 11 the possession or under control of the licensee which relate 12 to the patient or client. 13 (o) Performing professional services which have not 14 been duly authorized by the patient or client, or her or his 15 legal representative, except as provided in ss. 766.103 and 16 768.13. 17 (p) Prescribing, procuring, dispensing, administering, 18 mixing, or otherwise preparing a legend drug, including any 19 controlled substance, other than in the course of the 20 professional practice of the dentist. For the purposes of 21 this paragraph, it shall be legally presumed that prescribing, 22 procuring, dispensing, administering, mixing, or otherwise 23 preparing legend drugs, including all controlled substances, 24 in excessive or inappropriate quantities is not in the best 25 interest of the patient and is not in the course of the 26 professional practice of the dentist, without regard to her or 27 his intent. 28 (q) Prescribing, procuring, dispensing, or 29 administering any medicinal drug appearing on any schedule set 30 forth in chapter 893, by a dentist to herself or himself, 31 except those prescribed, dispensed, or administered to the 90 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 dentist by another practitioner authorized to prescribe them. 2 (r) Prescribing, procuring, ordering, dispensing, 3 administering, supplying, selling, or giving any drug which is 4 a Schedule II amphetamine or a Schedule II sympathomimetic 5 amine drug or a compound thereof, pursuant to chapter 893, to 6 or for any person except for the clinical investigation of the 7 effects of such drugs or compounds when an investigative 8 protocol therefor is submitted to, and reviewed and approved 9 by, the board before such investigation is begun. 10 (s) Being unable to practice her or his profession 11 with reasonable skill and safety to patients by reason of 12 illness or use of alcohol, drugs, narcotics, chemicals, or any 13 other type of material or as a result of any mental or 14 physical condition. In enforcing this paragraph, the 15 department shall have, upon a finding of the secretary or her 16 or his designee that probable cause exists to believe that the 17 licensee is unable to practice dentistry or dental hygiene 18 because of the reasons stated in this paragraph, the authority 19 to issue an order to compel a licensee to submit to a mental 20 or physical examination by physicians designated by the 21 department. If the licensee refuses to comply with such 22 order, the department's order directing such examination may 23 be enforced by filing a petition for enforcement in the 24 circuit court where the licensee resides or does business. 25 The licensee against whom the petition is filed shall not be 26 named or identified by initials in any public court records or 27 documents, and the proceedings shall be closed to the public. 28 The department shall be entitled to the summary procedure 29 provided in s. 51.011. A licensee affected under this 30 paragraph shall at reasonable intervals be afforded an 31 opportunity to demonstrate that she or he can resume the 91 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 competent practice of her or his profession with reasonable 2 skill and safety to patients. 3 (t) Fraud, deceit, or misconduct in the practice of 4 dentistry or dental hygiene. 5 (u) Failure to provide and maintain reasonable 6 sanitary facilities and conditions. 7 (v) Failure to provide adequate radiation safeguards. 8 (w) Performing any procedure or prescribing any 9 therapy which, by the prevailing standards of dental practice 10 in the community, would constitute experimentation on human 11 subjects, without first obtaining full, informed, and written 12 consent. 13 (x) Being guilty of incompetence or negligence by 14 failing to meet the minimum standards of performance in 15 diagnosis and treatment when measured against generally 16 prevailing peer performance, including, but not limited to, 17 the undertaking of diagnosis and treatment for which the 18 dentist is not qualified by training or experience or being 19 guilty of dental malpractice. For purposes of this paragraph, 20 it shall be legally presumed that a dentist is not guilty of 21 incompetence or negligence by declining to treat an individual 22 if, in the dentist's professional judgment, the dentist or a 23 member of her or his clinical staff is not qualified by 24 training and experience, or the dentist's treatment facility 25 is not clinically satisfactory or properly equipped to treat 26 the unique characteristics and health status of the dental 27 patient, provided the dentist refers the patient to a 28 qualified dentist or facility for appropriate treatment. As 29 used in this paragraph, "dental malpractice" includes, but is 30 not limited to, three or more claims within the previous 31 5-year period which resulted in indemnity being paid, or any 92 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 single indemnity paid in excess of $5,000 in a judgment or 2 settlement, as a result of negligent conduct on the part of 3 the dentist. 4 (y) Practicing or offering to practice beyond the 5 scope permitted by law or accepting and performing 6 professional responsibilities which the licensee knows or has 7 reason to know that she or he is not competent to perform. 8 (z) Delegating professional responsibilities to a 9 person who is not qualified by training, experience, or 10 licensure to perform them. 11 (aa) The violation or the repeated violation of this 12 chapter, chapter 456, or any rule promulgated pursuant to 13 chapter 456 or this chapter; the violation of a lawful order 14 of the board or department previously entered in a 15 disciplinary hearing; or failure to comply with a lawfully 16 issued subpoena of the board or department. 17 (bb) Conspiring with another licensee or with any 18 person to commit an act, or committing an act, which would 19 tend to coerce, intimidate, or preclude another licensee from 20 lawfully advertising her or his services. 21 (cc) Being adjudged mentally incompetent in this or 22 any other state, the discipline for which shall last only so 23 long as the adjudication. 24 (dd) Presigning blank prescription or laboratory work 25 order forms. 26 (ee) Prescribing, ordering, dispensing, administering, 27 supplying, selling, or giving growth hormones, testosterone or 28 its analogs, human chorionic gonadotropin (HCG), or other 29 hormones for the purpose of muscle building or to enhance 30 athletic performance. For the purposes of this subsection, the 31 term "muscle building" does not include the treatment of 93 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 injured muscle. A prescription written for the drug products 2 listed above may be dispensed by the pharmacist with the 3 presumption that the prescription is for legitimate medical 4 use. 5 (ff) Operating or causing to be operated a dental 6 office in such a manner as to result in dental treatment that 7 is below minimum acceptable standards of performance for the 8 community. This includes, but is not limited to, the use of 9 substandard materials or equipment, the imposition of time 10 limitations within which dental procedures are to be 11 performed, or the failure to maintain patient records as 12 required by this chapter. 13 (gg) Administering anesthesia in a manner which 14 violates rules of the board adopted pursuant to s. 466.017. 15 (hh) Failing to report to the department any licensee 16 under chapter 458 or chapter 459 who the dentist knows has 17 violated the grounds for disciplinary action set out in the 18 law under which that person is licensed and who provides 19 health care services in a facility licensed under chapter 395, 20 or a health maintenance organization certificated under part I 21 of chapter 641, in which the dentist also provides services. 22 (ii) Failing to report to the board, in writing, 23 within 30 days if action has been taken against one's license 24 to practice dentistry in another state, territory, or country. 25 (jj) Advertising specialty services in violation of 26 this chapter. 27 (kk) Allowing any person other than another dentist or 28 a professional corporation or limited liability company 29 composed of dentists to direct, control, or interfere with a 30 dentist's clinical judgment; however, this paragraph may not 31 be construed to limit a patient's right of informed consent. 94 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 To direct, control, or interfere with a dentist's clinical 2 judgment may not be interpreted to mean dental services 3 contractually excluded, the application of alternative 4 benefits that may be appropriate given the dentist's 5 prescribed course of treatment, or the application of 6 contractual provisions and scope of coverage determinations in 7 comparison with a dentist's prescribed treatment on behalf of 8 a covered person by an insurer, health maintenance 9 organization, or a prepaid limited health service 10 organization. 11 (ll) Violating any provision of this chapter or 12 chapter 456, or any rules adopted pursuant thereto. 13 (2) The board may enter an order denying licensure or 14 imposing any of the penalties in s. 456.072(2) against any 15 applicant for licensure or licensee who is found guilty of 16 violating any provision of subsection (1) of this section or 17 who is found guilty of violating any provision of s. 18 456.072(1). When the board finds any applicant or licensee 19 guilty of any of the grounds set forth in subsection (1), it 20 may enter an order imposing one or more of the following 21 penalties: 22 (a) Denial of an application for licensure. 23 (b) Revocation or suspension of a license. 24 (c) Imposition of an administrative fine not to exceed 25 $3,000 for each count or separate offense. 26 (d) Issuance of a reprimand. 27 (e) Placement of the licensee on probation for a 28 period of time and subject to such conditions as the board may 29 specify, including requiring the licensee to attend continuing 30 education courses or demonstrate competency through a written 31 or practical examination or to work under the supervision of 95 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 another licensee. 2 (f) Restricting the authorized scope of practice. 3 Section 33. Section 466.037, Florida Statutes, is 4 amended to read: 5 466.037 Suspension and revocation; administrative 6 fine.--The department may suspend or revoke the certificate of 7 any dental laboratory registered under s. 466.032, for failing 8 to comply with the provisions of this chapter or rules adopted 9 by the department under this chapter. The department may 10 impose an administrative fine not to exceed $500 for each 11 count or separate offense. 12 Section 34. Subsections (1) and (2) of section 13 467.203, Florida Statutes, are amended to read: 14 467.203 Disciplinary actions; penalties.-- 15 (1) The following acts constitute shall be grounds for 16 denial of a license or disciplinary action, as specified in s. 17 456.072(2) disciplinary action as set forth in this section: 18 (a) Procuring, attempting to procure, or renewing a 19 license to practice midwifery by bribery, by fraudulent 20 misrepresentation, or through an error of the department. 21 (b) Having a license to practice midwifery revoked, 22 suspended, or otherwise acted against, including being denied 23 licensure, by the licensing authority of another state, 24 territory, or country. 25 (c) Being convicted or found guilty, regardless of 26 adjudication, in any jurisdiction of a crime which directly 27 relates to the practice of midwifery or to the ability to 28 practice midwifery. A plea of nolo contendere shall be 29 considered a conviction for purposes of this provision. 30 (d) Making or filing a false report or record, which 31 the licensee knows to be false; intentionally or negligently 96 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 failing to file a report or record required by state or 2 federal law; or willfully impeding or obstructing such filing 3 or inducing another to do so. Such reports or records shall 4 include only those which are signed in the midwife's capacity 5 as a licensed midwife. 6 (e) Advertising falsely, misleadingly, or deceptively. 7 (f) Engaging in unprofessional conduct, which 8 includes, but is not limited to, any departure from, or the 9 failure to conform to, the standards of practice of midwifery 10 as established by the department, in which case actual injury 11 need not be established. 12 (g) Being unable to practice midwifery with reasonable 13 skill and safety to patients by reason of illness; 14 drunkenness; or use of drugs, narcotics, chemicals, or other 15 materials or as a result of any mental or physical condition. 16 A midwife affected under this paragraph shall, at reasonable 17 intervals, be afforded an opportunity to demonstrate that he 18 or she can resume the competent practice of midwifery with 19 reasonable skill and safety. 20 (h) Failing to report to the department any person who 21 the licensee knows is in violation of this chapter or of the 22 rules of the department. 23 (i) Willfully or repeatedly Violating any provision of 24 this chapter, any rule of the department, or any lawful order 25 of the department previously entered in a disciplinary 26 proceeding or failing to comply with a lawfully issued 27 subpoena of the department. 28 (j) Violating any provision of this chapter or chapter 29 456, or any rules adopted pursuant thereto. 30 (2) The department may enter an order denying 31 licensure or imposing any of the penalties in s. 456.072(2) 97 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 against any applicant for licensure or licensee who is found 2 guilty of violating any provision of subsection (1) of this 3 section or who is found guilty of violating any provision of 4 s. 456.072(1). When the department finds any person guilty of 5 any of the grounds set forth in subsection (1), it may enter 6 an order imposing one or more of the following penalties: 7 (a) Refusal to approve an application for licensure. 8 (b) Revocation or suspension of a license. 9 (c) Imposition of an administrative fine not to exceed 10 $1,000 for each count or separate offense. 11 (d) Issuance of a reprimand. 12 (e) Placement of the midwife on probation for such 13 period of time and subject to such conditions as the 14 department may specify, including requiring the midwife to 15 submit to treatment; undertake further relevant education or 16 training; take an examination; or work under the supervision 17 of another licensed midwife, a physician, or a nurse midwife 18 licensed under part I of chapter 464. 19 Section 35. Subsections (1) and (2) of section 20 468.1295, Florida Statutes, are amended to read: 21 468.1295 Disciplinary proceedings.-- 22 (1) The following acts constitute grounds for denial 23 of a license or disciplinary action, as specified in s. 24 456.072(2) both disciplinary actions as set forth in 25 subsection (2) and cease and desist or other related actions 26 by the department as set forth in s. 456.065: 27 (a) Procuring or attempting to procure a license by 28 bribery, by fraudulent misrepresentation, or through an error 29 of the department or the board. 30 (b) Having a license revoked, suspended, or otherwise 31 acted against, including denial of licensure, by the licensing 98 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 authority of another state, territory, or country. 2 (c) Being convicted or found guilty of, or entering a 3 plea of nolo contendere to, regardless of adjudication, a 4 crime in any jurisdiction which directly relates to the 5 practice of speech-language pathology or audiology. 6 (d) Making or filing a report or record which the 7 licensee knows to be false, intentionally or negligently 8 failing to file a report or records required by state or 9 federal law, willfully impeding or obstructing such filing, or 10 inducing another person to impede or obstruct such filing. 11 Such report or record shall include only those reports or 12 records which are signed in one's capacity as a licensed 13 speech-language pathologist or audiologist. 14 (e) Advertising goods or services in a manner which is 15 fraudulent, false, deceptive, or misleading in form or 16 content. 17 (f) Being proven guilty of fraud or deceit or of 18 negligence, incompetency, or misconduct in the practice of 19 speech-language pathology or audiology. 20 (g) Violating a lawful order of the board or 21 department previously entered in a disciplinary hearing, or 22 failing to comply with a lawfully issued subpoena of the board 23 or department. 24 (h) Practicing with a revoked, suspended, inactive, or 25 delinquent license. 26 (i) Using, or causing or promoting the use of, any 27 advertising matter, promotional literature, testimonial, 28 guarantee, warranty, label, brand, insignia, or other 29 representation, however disseminated or published, which is 30 misleading, deceiving, or untruthful. 31 (j) Showing or demonstrating or, in the event of sale, 99 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 delivery of a product unusable or impractical for the purpose 2 represented or implied by such action. 3 (k) Failing to submit to the board on an annual basis, 4 or such other basis as may be provided by rule, certification 5 of testing and calibration of such equipment as designated by 6 the board and on the form approved by the board. 7 (l) Aiding, assisting, procuring, employing, or 8 advising any licensee or business entity to practice 9 speech-language pathology or audiology contrary to this part, 10 chapter 456, or any rule adopted pursuant thereto. 11 (m) Violating any provision of this part or chapter 12 456 or any rule adopted pursuant thereto. 13 (m)(n) Misrepresenting the professional services 14 available in the fitting, sale, adjustment, service, or repair 15 of a hearing aid, or using any other term or title which might 16 connote the availability of professional services when such 17 use is not accurate. 18 (n)(o) Representing, advertising, or implying that a 19 hearing aid or its repair is guaranteed without providing full 20 disclosure of the identity of the guarantor; the nature, 21 extent, and duration of the guarantee; and the existence of 22 conditions or limitations imposed upon the guarantee. 23 (o)(p) Representing, directly or by implication, that 24 a hearing aid utilizing bone conduction has certain specified 25 features, such as the absence of anything in the ear or 26 leading to the ear, or the like, without disclosing clearly 27 and conspicuously that the instrument operates on the bone 28 conduction principle and that in many cases of hearing loss 29 this type of instrument may not be suitable. 30 (p)(q) Stating or implying that the use of any hearing 31 aid will improve or preserve hearing or prevent or retard the 100 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 progression of a hearing impairment or that it will have any 2 similar or opposite effect. 3 (q)(r) Making any statement regarding the cure of the 4 cause of a hearing impairment by the use of a hearing aid. 5 (r)(s) Representing or implying that a hearing aid is 6 or will be "custom-made," "made to order," or 7 "prescription-made," or in any other sense specially 8 fabricated for an individual, when such is not the case. 9 (s)(t) Canvassing from house to house or by telephone, 10 either in person or by an agent, for the purpose of selling a 11 hearing aid, except that contacting persons who have evidenced 12 an interest in hearing aids, or have been referred as in need 13 of hearing aids, shall not be considered canvassing. 14 (t)(u) Failing to notify the department in writing of 15 a change in current mailing and place-of-practice address 16 within 30 days after such change. 17 (u)(v) Failing to provide all information as described 18 in ss. 468.1225(5)(b), 468.1245(1), and 468.1246. 19 (v)(w) Exercising influence on a client in such a 20 manner as to exploit the client for financial gain of the 21 licensee or of a third party. 22 (w)(x) Practicing or offering to practice beyond the 23 scope permitted by law or accepting and performing 24 professional responsibilities the licensee or 25 certificateholder knows, or has reason to know, the licensee 26 or certificateholder is not competent to perform. 27 (x)(y) Aiding, assisting, procuring, or employing any 28 unlicensed person to practice speech-language pathology or 29 audiology. 30 (y)(z) Delegating or contracting for the performance 31 of professional responsibilities by a person when the licensee 101 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 delegating or contracting for performance of such 2 responsibilities knows, or has reason to know, such person is 3 not qualified by training, experience, and authorization to 4 perform them. 5 (z)(aa) Committing any act upon a patient or client 6 which would constitute sexual battery or which would 7 constitute sexual misconduct as defined pursuant to s. 8 468.1296. 9 (aa)(bb) Being unable to practice the profession for 10 which he or she is licensed or certified under this chapter 11 with reasonable skill or competence as a result of any mental 12 or physical condition or by reason of illness, drunkenness, or 13 use of drugs, narcotics, chemicals, or any other substance. In 14 enforcing this paragraph, upon a finding by the secretary, his 15 or her designee, or the board that probable cause exists to 16 believe that the licensee or certificateholder is unable to 17 practice the profession because of the reasons stated in this 18 paragraph, the department shall have the authority to compel a 19 licensee or certificateholder to submit to a mental or 20 physical examination by a physician, psychologist, clinical 21 social worker, marriage and family therapist, or mental health 22 counselor designated by the department or board. If the 23 licensee or certificateholder refuses to comply with the 24 department's order directing the examination, such order may 25 be enforced by filing a petition for enforcement in the 26 circuit court in the circuit in which the licensee or 27 certificateholder resides or does business. The department 28 shall be entitled to the summary procedure provided in s. 29 51.011. A licensee or certificateholder affected under this 30 paragraph shall at reasonable intervals be afforded an 31 opportunity to demonstrate that he or she can resume the 102 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 competent practice for which he or she is licensed or 2 certified with reasonable skill and safety to patients. 3 (bb) Violating any provision of this chapter or 4 chapter 456, or any rules adopted pursuant thereto. 5 (2) The board may enter an order denying licensure or 6 imposing any of the penalties in s. 456.072(2) against any 7 applicant for licensure or licensee who is found guilty of 8 violating any provision of subsection (1) of this section or 9 who is found guilty of violating any provision of s. 10 456.072(1). When the board finds any person guilty of any of 11 the acts set forth in subsection (1), it may issue an order 12 imposing one or more of the following penalties: 13 (a) Refusal to certify, or to certify with 14 restrictions, an application for licensure. 15 (b) Suspension or permanent revocation of a license. 16 (c) Issuance of a reprimand. 17 (d) Restriction of the authorized scope of practice. 18 (e) Imposition of an administrative fine not to exceed 19 $1,000 for each count or separate offense. 20 (f) Placement of the licensee or certificateholder on 21 probation for a period of time and subject to such conditions 22 as the board may specify. Those conditions may include, but 23 are not limited to, requiring the licensee or 24 certificateholder to undergo treatment, attend continuing 25 education courses, submit to be reexamined, work under the 26 supervision of another licensee, or satisfy any terms which 27 are reasonably tailored to the violation found. 28 (g) Corrective action. 29 Section 36. Subsections (1) and (2) of section 30 468.1755, Florida Statutes, are amended to read: 31 468.1755 Disciplinary proceedings.-- 103 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (1) The following acts shall constitute grounds for 2 denial of a license or disciplinary action, as specified in s. 3 456.072(2) which the disciplinary actions in subsection (2) 4 may be taken: 5 (a) Violation of any provision of s. 456.072(1) or s. 6 468.1745(1). 7 (b) Attempting to procure a license to practice 8 nursing home administration by bribery, by fraudulent 9 misrepresentation, or through an error of the department or 10 the board. 11 (c) Having a license to practice nursing home 12 administration revoked, suspended, or otherwise acted against, 13 including the denial of licensure, by the licensing authority 14 of another state, territory, or country. 15 (d) Being convicted or found guilty, regardless of 16 adjudication, of a crime in any jurisdiction which relates to 17 the practice of nursing home administration or the ability to 18 practice nursing home administration. Any plea of nolo 19 contendere shall be considered a conviction for purposes of 20 this part. 21 (e) Making or filing a report or record which the 22 licensee knows to be false, intentionally failing to file a 23 report or record required by state or federal law, willfully 24 impeding or obstructing such filing, or inducing another 25 person to impede or obstruct such filing. Such reports or 26 records shall include only those which are signed in the 27 capacity of a licensed nursing home administrator. 28 (f) Authorizing the discharge or transfer of a 29 resident for a reason other than those provided in ss. 400.022 30 and 400.0255. 31 (g) Advertising goods or services in a manner which is 104 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 fraudulent, false, deceptive, or misleading in form or 2 content. 3 (h) Fraud or deceit, negligence, incompetence, or 4 misconduct in the practice of nursing home administration. 5 (i) A violation or repeated violations of this part, 6 chapter 456, or any rules promulgated pursuant thereto. 7 (i)(j) Violation of a lawful order of the board or 8 department previously entered in a disciplinary hearing or 9 failing to comply with a lawfully issued subpoena of the board 10 or department. 11 (j)(k) Practicing with a revoked, suspended, inactive, 12 or delinquent license. 13 (k)(l) Repeatedly acting in a manner inconsistent with 14 the health, safety, or welfare of the patients of the facility 15 in which he or she is the administrator. 16 (l)(m) Being unable to practice nursing home 17 administration with reasonable skill and safety to patients by 18 reason of illness, drunkenness, use of drugs, narcotics, 19 chemicals, or any other material or substance or as a result 20 of any mental or physical condition. In enforcing this 21 paragraph, upon a finding of the secretary or his or her 22 designee that probable cause exists to believe that the 23 licensee is unable to serve as a nursing home administrator 24 due to the reasons stated in this paragraph, the department 25 shall have the authority to issue an order to compel the 26 licensee to submit to a mental or physical examination by a 27 physician designated by the department. If the licensee 28 refuses to comply with such order, the department's order 29 directing such examination may be enforced by filing a 30 petition for enforcement in the circuit court where the 31 licensee resides or serves as a nursing home administrator. 105 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 The licensee against whom the petition is filed shall not be 2 named or identified by initials in any public court records or 3 documents, and the proceedings shall be closed to the public. 4 The department shall be entitled to the summary procedure 5 provided in s. 51.011. A licensee affected under this 6 paragraph shall have the opportunity, at reasonable intervals, 7 to demonstrate that he or she can resume the competent 8 practice of nursing home administration with reasonable skill 9 and safety to patients. 10 (m)(n) Willfully or repeatedly violating any of the 11 provisions of the law, code, or rules of the licensing or 12 supervising authority or agency of the state or political 13 subdivision thereof having jurisdiction of the operation and 14 licensing of nursing homes. 15 (n)(o) Paying, giving, causing to be paid or given, or 16 offering to pay or to give to any person a commission or other 17 valuable consideration for the solicitation or procurement, 18 either directly or indirectly, of nursing home usage. 19 (o)(p) Willfully permitting unauthorized disclosure of 20 information relating to a patient or his or her records. 21 (p)(q) Discriminating with respect to patients, 22 employees, or staff on account of race, religion, color, sex, 23 or national origin. 24 (q) Violating any provision of this chapter or chapter 25 456, or any rules adopted pursuant thereto. 26 (2) The board may enter an order denying licensure or 27 imposing any of the penalties in s. 456.072(2) against any 28 applicant for licensure or licensee who is found guilty of 29 violating any provision of subsection (1) of this section or 30 who is found guilty of violating any provision of s. 31 456.072(1). When the board finds any nursing home 106 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 administrator guilty of any of the grounds set forth in 2 subsection (1), it may enter an order imposing one or more of 3 the following penalties: 4 (a) Denial of an application for licensure. 5 (b) Revocation or suspension of a license. 6 (c) Imposition of an administrative fine not to exceed 7 $1,000 for each count or separate offense. 8 (d) Issuance of a reprimand. 9 (e) Placement of the licensee on probation for a 10 period of time and subject to such conditions as the board may 11 specify, including requiring the licensee to attend continuing 12 education courses or to work under the supervision of another 13 licensee. 14 (f) Restriction of the authorized scope of practice. 15 Section 37. Section 468.217, Florida Statutes, is 16 amended to read: 17 468.217 Denial of or refusal to renew license; 18 suspension and revocation of license and other disciplinary 19 measures.-- 20 (1) The following acts constitute grounds for denial 21 of a license or disciplinary action, as specified in s. 22 456.072(2) The board may deny or refuse to renew a license, 23 suspend or revoke a license, issue a reprimand, impose a fine, 24 or impose probationary conditions upon a licensee, when the 25 licensee or applicant for license has been guilty of 26 unprofessional conduct which has endangered, or is likely to 27 endanger, the health, welfare, or safety of the public. Such 28 unprofessional conduct includes: 29 (a) Attempting to obtain, obtaining, or renewing a 30 license to practice occupational therapy by bribery, by 31 fraudulent misrepresentation, or through an error of the 107 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 department or the board. 2 (b) Having a license to practice occupational therapy 3 revoked, suspended, or otherwise acted against, including the 4 denial of licensure, by the licensing authority of another 5 state, territory, or country. 6 (c) Being convicted or found guilty, regardless of 7 adjudication, of a crime in any jurisdiction which directly 8 relates to the practice of occupational therapy or to the 9 ability to practice occupational therapy. A plea of nolo 10 contendere shall be considered a conviction for the purposes 11 of this part. 12 (d) False, deceptive, or misleading advertising. 13 (e) Advertising, practicing, or attempting to practice 14 under a name other than one's own name. 15 (f) Failing to report to the department any person who 16 the licensee knows is in violation of this part or of the 17 rules of the department or of the board. 18 (g) Aiding, assisting, procuring, or advising any 19 unlicensed person to practice occupational therapy contrary to 20 this part or to a rule of the department or the board. 21 (h) Failing to perform any statutory or legal 22 obligation placed upon a licensed occupational therapist or 23 occupational therapy assistant. 24 (i) Making or filing a report which the licensee knows 25 to be false, intentionally or negligently failing to file a 26 report or record required by state or federal law, willfully 27 impeding or obstructing such filing or inducing another person 28 to do so. Such reports or records include only those which 29 are signed in the capacity as a licensed occupational 30 therapist or occupational therapy assistant. 31 (j) Paying or receiving any commission, bonus, 108 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 kickback, or rebate to or from, or engaging in any split-fee 2 arrangement in any form whatsoever with, a physician, 3 organization, agency, or person, either directly or 4 indirectly, for patients referred to providers of health care 5 goods and services, including, but not limited to, hospitals, 6 nursing homes, clinical laboratories, ambulatory surgical 7 centers, or pharmacies. The provisions of this paragraph 8 shall not be construed to prevent an occupational therapist or 9 occupational therapy assistant from receiving a fee for 10 professional consultation services. 11 (k) Exercising influence within a patient-therapist 12 relationship for purposes of engaging a patient in sexual 13 activity. A patient is presumed to be incapable of giving 14 free, full, and informed consent to sexual activity with the 15 patient's occupational therapist or occupational therapy 16 assistant. 17 (l) Making deceptive, untrue, or fraudulent 18 representations in the practice of occupational therapy or 19 employing a trick or scheme in the practice of occupational 20 therapy if such scheme or trick fails to conform to the 21 generally prevailing standards of treatment in the 22 occupational therapy community. 23 (m) Soliciting patients, either personally or through 24 an agent, through the use of fraud, intimidation, undue 25 influence, or a form of overreaching or vexatious conduct. A 26 "solicitation" is any communication which directly or 27 implicitly requests an immediate oral response from the 28 recipient. 29 (n) Failing to keep written records justifying the 30 course of treatment of the patient, including, but not limited 31 to, patient histories, examination results, and test results. 109 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (o) Exercising influence on the patient or client in 2 such a manner as to exploit the patient or client for 3 financial gain of the licensee or of a third party which 4 includes, but is not limited to, the promoting or selling of 5 services, goods, appliances, or drugs. 6 (p) Performing professional services which have not 7 been duly authorized by the patient or client, or his or her 8 legal representative, except as provided in s. 768.13. 9 (q) Gross or repeated malpractice or the failure to 10 practice occupational therapy with that level of care, skill, 11 and treatment which is recognized by a reasonably prudent 12 similar occupational therapist or occupational therapy 13 assistant as being acceptable under similar conditions and 14 circumstances. 15 (r) Performing any procedure which, by the prevailing 16 standards of occupational therapy practice in the community, 17 would constitute experimentation on a human subject without 18 first obtaining full, informed, and written consent. 19 (s) Practicing or offering to practice beyond the 20 scope permitted by law or accepting and performing 21 professional responsibilities which the licensee knows or has 22 reason to know that he or she is not competent to perform. 23 (t) Being unable to practice occupational therapy with 24 reasonable skill and safety to patients by reason of illness 25 or use of alcohol, drugs, narcotics, chemicals, or any other 26 type of material or as a result of any mental or physical 27 condition. In enforcing this paragraph, the department shall 28 have, upon probable cause, authority to compel an occupational 29 therapist or occupational therapy assistant to submit to a 30 mental or physical examination by physicians designated by the 31 department. The failure of an occupational therapist or 110 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 occupational therapy assistant to submit to such examination 2 when so directed constitutes an admission of the allegations 3 against him or her, upon which a default and final order may 4 be entered without the taking of testimony or presentation of 5 evidence, unless the failure was due to circumstances beyond 6 his or her control. An occupational therapist or occupational 7 therapy assistant affected under this paragraph shall at 8 reasonable intervals be afforded an opportunity to demonstrate 9 that he or she can resume the competent practice of 10 occupational therapy with reasonable skill and safety to 11 patients. In any proceeding under this paragraph, neither the 12 record of proceedings nor the orders entered by the board 13 shall be used against an occupational therapist or 14 occupational therapy assistant in any other proceeding. 15 (u) Delegating professional responsibilities to a 16 person when the licensee who is delegating such 17 responsibilities knows or has reason to know that such person 18 is not qualified by training, experience, or licensure to 19 perform them. 20 (v) Violating any provision of this part, a rule of 21 the board or department, or a lawful order of the board or 22 department previously entered in a disciplinary hearing or 23 failing to comply with a lawfully issued subpoena of the 24 department. 25 (w) Conspiring with another licensee or with any other 26 person to commit an act, or committing an act, which would 27 tend to coerce, intimidate, or preclude another licensee from 28 lawfully advertising his or her services. 29 (x) Violating any provision of this chapter or chapter 30 456, or any rules adopted pursuant thereto. 31 (2) The board may enter an order denying licensure or 111 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 imposing any of the penalties in s. 456.072(2) against any 2 applicant for licensure or licensee who is found guilty of 3 violating any provision of subsection (1) of this section or 4 who is found guilty of violating any provision of s. 5 456.072(1). 6 (3)(2) The board may not reinstate the license of an 7 occupational therapist or occupational therapy assistant, or 8 cause a license to be issued to a person it has deemed 9 unqualified, until such time as the board is satisfied that 10 such person has complied with all the terms and conditions set 11 forth in the final order and is capable of safely engaging in 12 the practice of occupational therapy. 13 Section 38. Subsections (1) and (2) of section 14 468.365, Florida Statutes, are amended to read: 15 468.365 Disciplinary grounds and actions.-- 16 (1) The following acts constitute grounds for denial 17 of a license or disciplinary action, as specified in s. 18 456.072(2) which the disciplinary actions in subsection (2) 19 may be taken: 20 (a) Procuring, attempting to procure, or renewing a 21 license as provided by this part by bribery, by fraudulent 22 misrepresentation, or through an error of the department or 23 the board. 24 (b) Having licensure, certification, registration, or 25 other authority, by whatever name known, to deliver 26 respiratory care services revoked, suspended, or otherwise 27 acted against, including the denial of licensure, 28 certification, registration, or other authority to deliver 29 respiratory care services by the licensing authority of 30 another state, territory, or country. 31 (c) Being convicted or found guilty of, or entering a 112 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 plea of nolo contendere to, regardless of adjudication, a 2 crime in any jurisdiction which directly relates to 3 respiratory care services or to the ability to deliver such 4 services. 5 (d) Willfully making or filing a false report or 6 record, willfully failing to file a report or record required 7 by state or federal law, or willfully impeding or obstructing 8 such filing or inducing another person to do so. Such reports 9 or records include only those reports or records which require 10 the signature of a respiratory care practitioner or 11 respiratory therapist licensed pursuant to this part. 12 (e) Circulating false, misleading, or deceptive 13 advertising. 14 (f) Unprofessional conduct, which includes, but is not 15 limited to, any departure from, or failure to conform to, 16 acceptable standards related to the delivery of respiratory 17 care services, as set forth by the board in rules adopted 18 pursuant to this part. 19 (g) Engaging or attempting to engage in the 20 possession, sale, or distribution of controlled substances, as 21 set forth by law, for any purpose other than a legitimate 22 purpose. 23 (h) Willfully failing to report any violation of this 24 part. 25 (i) Willfully or repeatedly Violating a rule of the 26 board or the department or a lawful order of the board or 27 department previously entered in a disciplinary hearing. 28 (j) Violation of any rule adopted pursuant to this 29 part or chapter 456. 30 (j)(k) Engaging in the delivery of respiratory care 31 services with a revoked, suspended, or inactive license. 113 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (k)(l) Permitting, aiding, assisting, procuring, or 2 advising any person who is not licensed pursuant to this part, 3 contrary to this part or to any rule of the department or the 4 board. 5 (l)(m) Failing to perform any statutory or legal 6 obligation placed upon a respiratory care practitioner or 7 respiratory therapist licensed pursuant to this part. 8 (m)(n) Accepting and performing professional 9 responsibilities which the licensee knows, or has reason to 10 know, she or he is not competent to perform. 11 (n)(o) Delegating professional responsibilities to a 12 person when the licensee delegating such responsibilities 13 knows, or has reason to know, that such person is not 14 qualified by training, experience, or licensure to perform 15 them. 16 (o)(p) Gross or repeated malpractice or the failure to 17 deliver respiratory care services with that level of care, 18 skill, and treatment which is recognized by a reasonably 19 prudent respiratory care practitioner or respiratory therapist 20 with similar professional training as being acceptable under 21 similar conditions and circumstances. 22 (p)(q) Paying or receiving any commission, bonus, 23 kickback, or rebate to or from, or engaging in any split-fee 24 arrangement in any form whatsoever with, a person, 25 organization, or agency, either directly or indirectly, for 26 goods or services rendered to patients referred by or to 27 providers of health care goods and services, including, but 28 not limited to, hospitals, nursing homes, clinical 29 laboratories, ambulatory surgical centers, or pharmacies. The 30 provisions of this paragraph shall not be construed to prevent 31 the licensee from receiving a fee for professional 114 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 consultation services. 2 (q)(r) Exercising influence within a respiratory care 3 relationship for the purpose of engaging a patient in sexual 4 activity. A patient is presumed to be incapable of giving 5 free, full, and informed consent to sexual activity with the 6 patient's respiratory care practitioner or respiratory 7 therapist. 8 (r)(s) Making deceptive, untrue, or fraudulent 9 representations in the delivery of respiratory care services 10 or employing a trick or scheme in the delivery of respiratory 11 care services if such a scheme or trick fails to conform to 12 the generally prevailing standards of other licensees within 13 the community. 14 (s)(t) Soliciting patients, either personally or 15 through an agent, through the use of fraud, deception, or 16 otherwise misleading statements or through the exercise of 17 intimidation or undue influence. 18 (t)(u) Failing to keep written respiratory care 19 records justifying the reason for the action taken by the 20 licensee. 21 (u)(v) Exercising influence on the patient in such a 22 manner as to exploit the patient for the financial gain of the 23 licensee or a third party, which includes, but is not limited 24 to, the promoting or selling of services, goods, appliances, 25 or drugs. 26 (v)(w) Performing professional services which have not 27 been duly ordered by a physician licensed pursuant to chapter 28 458 or chapter 459 and which are not in accordance with 29 protocols established by the hospital, other health care 30 provider, or the board, except as provided in ss. 743.064, 31 766.103, and 768.13. 115 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (w)(x) Being unable to deliver respiratory care 2 services with reasonable skill and safety to patients by 3 reason of illness or use of alcohol, drugs, narcotics, 4 chemicals, or any other type of material as a result of any 5 mental or physical condition. In enforcing this paragraph, 6 the department shall, upon probable cause, have authority to 7 compel a respiratory care practitioner or respiratory 8 therapist to submit to a mental or physical examination by 9 physicians designated by the department. The cost of 10 examination shall be borne by the licensee being examined. 11 The failure of a respiratory care practitioner or respiratory 12 therapist to submit to such an examination when so directed 13 constitutes an admission of the allegations against her or 14 him, upon which a default and a final order may be entered 15 without the taking of testimony or presentation of evidence, 16 unless the failure was due to circumstances beyond her or his 17 control. A respiratory care practitioner or respiratory 18 therapist affected under this paragraph shall at reasonable 19 intervals be afforded an opportunity to demonstrate that she 20 or he can resume the competent delivery of respiratory care 21 services with reasonable skill and safety to her or his 22 patients. In any proceeding under this paragraph, neither the 23 record of proceedings nor the orders entered by the board 24 shall be used against a respiratory care practitioner or 25 respiratory therapist in any other proceeding. 26 (x) Violating any provision of this chapter or chapter 27 456, or any rules adopted pursuant thereto. 28 (2) The board may enter an order denying licensure or 29 imposing any of the penalties in s. 456.072(2) against any 30 applicant for licensure or licensee who is found guilty of 31 violating any provision of subsection (1) of this section or 116 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 who is found guilty of violating any provision of s. 2 456.072(1). If the board finds any person guilty of any of the 3 grounds set forth in subsection (1), it may enter an order 4 imposing one or more of the following penalties: 5 (a) Denial of an application for licensure. 6 (b) Revocation or suspension of licensure. 7 (c) Imposition of an administrative fine not to exceed 8 $1,000 for each count or separate offense. 9 (d) Placement of the respiratory care practitioner or 10 respiratory therapist on probation for such period of time and 11 subject to such conditions as the board may specify, 12 including, but not limited to, requiring the respiratory care 13 practitioner or respiratory therapist to submit to treatment, 14 to attend continuing education courses, or to work under the 15 supervision of another respiratory care practitioner or 16 respiratory therapist. 17 (e) Issuance of a reprimand. 18 Section 39. Subsections (1) and (2) of section 19 468.518, Florida Statutes, are amended to read: 20 468.518 Grounds for disciplinary action.-- 21 (1) The following acts constitute grounds for denial 22 of a license or disciplinary action, as specified in s. 23 456.072(2) which the disciplinary actions in subsection (2) 24 may be taken: 25 (a) Violating any provision of this part, any board or 26 agency rule adopted pursuant thereto, or any lawful order of 27 the board or agency previously entered in a disciplinary 28 hearing held pursuant to this part, or failing to comply with 29 a lawfully issued subpoena of the agency. The provisions of 30 this paragraph also apply to any order or subpoena previously 31 issued by the Department of Health during its period of 117 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 regulatory control over this part. 2 (b) Being unable to engage in dietetics and nutrition 3 practice or nutrition counseling 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. 7 1. A licensee whose license is suspended or revoked 8 pursuant to this paragraph shall, at reasonable intervals, be 9 given an opportunity to demonstrate that he or she can resume 10 the competent practice of dietetics and nutrition or nutrition 11 counseling with reasonable skill and safety to patients. 12 2. Neither the record of the proceeding nor the orders 13 entered by the board in any proceeding under this paragraph 14 may be used against a licensee in any other proceeding. 15 (c) Attempting to procure or procuring a license to 16 practice dietetics and nutrition or nutrition counseling by 17 fraud or material misrepresentation of material fact. 18 (d) Having a license to practice dietetics and 19 nutrition or nutrition counseling revoked, suspended, or 20 otherwise acted against, including the denial of licensure by 21 the licensing authority of another state, district, territory, 22 or country. 23 (e) Being convicted or found guilty of, or entering a 24 plea of nolo contendere to, regardless of adjudication, a 25 crime in any jurisdiction which directly relates to the 26 practice of dietetics and nutrition or nutrition counseling or 27 the ability to practice dietetics and nutrition or nutrition 28 counseling. 29 (f) Making or filing a report or record that the 30 licensee knows to be false, willfully failing to file a report 31 or record required by state or federal law, willfully impeding 118 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 or obstructing such filing, or inducing another person to 2 impede or obstruct such filing. Such reports or records 3 include only those that are signed in the capacity of a 4 licensed dietitian/nutritionist or licensed nutrition 5 counselor. 6 (g) Advertising goods or services in a manner that is 7 fraudulent, false, deceptive, or misleading in form or 8 content. 9 (h) Committing an act of fraud or deceit, or of 10 negligence, incompetency, or misconduct in the practice of 11 dietetics and nutrition or nutrition counseling. 12 (i) Practicing with a revoked, suspended, inactive, or 13 delinquent license. 14 (j) Treating or undertaking to treat human ailments by 15 means other than by dietetics and nutrition practice or 16 nutrition counseling. 17 (k) Failing to maintain acceptable standards of 18 practice as set forth by the board and the council in rules 19 adopted pursuant to this part. 20 (l) Engaging directly or indirectly in the dividing, 21 transferring, assigning, rebating, or refunding of fees 22 received for professional services, or profiting by means of a 23 credit or other valuable consideration, such as an unearned 24 commission, discount, or gratuity, with any person referring a 25 patient or with any relative or business associate of the 26 referring person. Nothing in this part prohibits the members 27 of any regularly and properly organized business entity that 28 is composed of licensees under this part and recognized under 29 the laws of this state from making any division of their total 30 fees among themselves as they determine necessary. 31 (m) Advertising, by or on behalf of a licensee under 119 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 this part, any method of assessment or treatment which is 2 experimental or without generally accepted scientific 3 validation. 4 (n) Violating any provision of this chapter or chapter 5 456, or any rules adopted pursuant thereto. 6 (2) The board may enter an order denying licensure or 7 imposing any of the penalties in s. 456.072(2) against any 8 applicant for licensure or licensee who is found guilty of 9 violating any provision of subsection (1) of this section or 10 who is found guilty of violating any provision of s. 11 456.072(1). When the board finds any licensee guilty of any of 12 the grounds set forth in subsection (1), it may enter an order 13 imposing one or more of the following penalties: 14 (a) Denial of an application for licensure; 15 (b) Revocation or suspension of a license; 16 (c) Imposition of an administrative fine not to exceed 17 $1,000 for each violation; 18 (d) Issuance of a reprimand or letter of guidance; 19 (e) Placement of the licensee on probation for a 20 period of time and subject to such conditions as the board may 21 specify, including requiring the licensee to attend continuing 22 education courses or to work under the supervision of a 23 licensed dietitian/nutritionist or licensed nutrition 24 counselor; or 25 (f) Restriction of the authorized scope of practice of 26 the licensee. 27 Section 40. Section 468.719, Florida Statutes, is 28 amended to read: 29 468.719 Disciplinary actions.-- 30 (1) The following acts constitute shall be grounds for 31 denial of a license or disciplinary action, as specified in s. 120 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 456.072(2) disciplinary actions provided for in subsection 2 (2): 3 (a) A violation of any law relating to the practice of 4 athletic training, including, but not limited to, any 5 violation of this part, s. 456.072, or any rule adopted 6 pursuant thereto. 7 (a)(b) Failing to include the athletic trainer's name 8 and license number in any advertising, including, but not 9 limited to, business cards and letterhead, related to the 10 practice of athletic training. Advertising shall not include 11 clothing or other novelty items. 12 (b)(c) Committing incompetency or misconduct in the 13 practice of athletic training. 14 (c)(d) Committing fraud or deceit in the practice of 15 athletic training. 16 (d)(e) Committing negligence, gross negligence, or 17 repeated negligence in the practice of athletic training. 18 (e)(f) While practicing athletic training, being 19 unable to practice athletic training with reasonable skill and 20 safety to athletes by reason of illness or use of alcohol or 21 drugs or as a result of any mental or physical condition. 22 (f) Violating any provision of this chapter or chapter 23 456, or any rules adopted pursuant thereto. 24 (2) The board may enter an order denying licensure or 25 imposing any of the penalties in s. 456.072(2) against any 26 applicant for licensure or licensee who is found guilty of 27 violating any provision of subsection (1) of this section or 28 who is found guilty of violating any provision of s. 29 456.072(1). When the board finds any person guilty of any of 30 the acts set forth in subsection (1), the board may enter an 31 order imposing one or more of the penalties provided in s. 121 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 456.072. 2 Section 41. Section 468.811, Florida Statutes, is 3 amended to read: 4 468.811 Disciplinary proceedings.-- 5 (1) The following acts constitute are grounds for 6 denial of a license or disciplinary action, as specified in s. 7 456.072(2): disciplinary action against a licensee and the 8 issuance of cease and desist orders or other related action by 9 the department, pursuant to s. 456.072, against any person who 10 engages in or aids in a violation. 11 (a) Attempting to procure a license by fraudulent 12 misrepresentation. 13 (b) Having a license to practice orthotics, 14 prosthetics, or pedorthics revoked, suspended, or otherwise 15 acted against, including the denial of licensure in another 16 jurisdiction. 17 (c) Being convicted or found guilty of or pleading 18 nolo contendere to, regardless of adjudication, in any 19 jurisdiction, a crime that directly relates to the practice of 20 orthotics, prosthetics, or pedorthics, including violations of 21 federal laws or regulations regarding orthotics, prosthetics, 22 or pedorthics. 23 (d) Filing a report or record that the licensee knows 24 is false, intentionally or negligently failing to file a 25 report or record required by state or federal law, willfully 26 impeding or obstructing such filing, or inducing another 27 person to impede or obstruct such filing. Such reports or 28 records include only reports or records that are signed in a 29 person's capacity as a licensee under this act. 30 (e) Advertising goods or services in a fraudulent, 31 false, deceptive, or misleading manner. 122 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (f) Violation of this act or chapter 456, or any rules 2 adopted thereunder. 3 (f)(g) Violation of an order of the board, agency, or 4 department previously entered in a disciplinary hearing or 5 failure to comply with a subpoena issued by the board, agency, 6 or department. 7 (g)(h) Practicing with a revoked, suspended, or 8 inactive license. 9 (h)(i) Gross or repeated malpractice or the failure to 10 deliver orthotic, prosthetic, or pedorthic services with that 11 level of care and skill which is recognized by a reasonably 12 prudent licensed practitioner with similar professional 13 training as being acceptable under similar conditions and 14 circumstances. 15 (i)(j) Failing to provide written notice of any 16 applicable warranty for an orthosis, prosthesis, or pedorthic 17 device that is provided to a patient. 18 (j) Violating any provision of this chapter or chapter 19 456, or any rules adopted pursuant thereto. 20 (2) The board may enter an order denying licensure or 21 imposing any of the penalties in s. 456.072(2) against any 22 applicant for licensure or licensee who is found guilty of 23 violating any provision of subsection (1) of this section or 24 who is found guilty of violating any provision of s. 25 456.072(1). The board may enter an order imposing one or more 26 of the penalties in s. 456.072(2) against any person who 27 violates any provision of subsection (1). 28 Section 42. Subsections (1) and (2) of section 478.52, 29 Florida Statutes, are amended to read: 30 478.52 Disciplinary proceedings.-- 31 (1) The following acts constitute are grounds for 123 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 denial of a license or disciplinary action, as specified in s. 2 456.072(2) which the disciplinary actions in subsection (2) 3 may be taken: 4 (a) Obtaining or attempting to obtain a license by 5 bribery, fraud, or knowing misrepresentation. 6 (b) Having a license or other authority to deliver 7 electrolysis services revoked, suspended, or otherwise acted 8 against, including denial of licensure, in another 9 jurisdiction. 10 (c) Being convicted or found guilty of, or entering a 11 plea of nolo contendere to, regardless of adjudication, a 12 crime, in any jurisdiction, which directly relates to the 13 practice of electrology. 14 (d) Willfully making or filing a false report or 15 record, willfully failing to file a report or record required 16 for electrologists, or willfully impeding or obstructing the 17 filing of a report or record required by this act or inducing 18 another person to do so. 19 (e) Circulating false, misleading, or deceptive 20 advertising. 21 (f) Unprofessional conduct, including any departure 22 from, or failure to conform to, acceptable standards related 23 to the delivery of electrolysis services. 24 (g) Engaging or attempting to engage in the illegal 25 possession, sale, or distribution of any illegal or controlled 26 substance. 27 (h) Willfully failing to report any known violation of 28 this chapter. 29 (i) Willfully or repeatedly violating a rule adopted 30 under this chapter, or an order of the board or department 31 previously entered in a disciplinary hearing. 124 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (j) Engaging in the delivery of electrolysis services 2 without an active license. 3 (k) Employing an unlicensed person to practice 4 electrology. 5 (l) Failing to perform any statutory or legal 6 obligation placed upon an electrologist. 7 (m) Accepting and performing professional 8 responsibilities which the licensee knows, or has reason to 9 know, she or he is not competent to perform. 10 (n) Delegating professional responsibilities to a 11 person the licensee knows, or has reason to know, is 12 unqualified by training, experience, or licensure to perform. 13 (o) Gross or repeated malpractice or the inability to 14 practice electrology with reasonable skill and safety. 15 (p) Judicially determined mental incompetency. 16 (q) Practicing or attempting to practice electrology 17 under a name other than her or his own. 18 (r) Being unable to practice electrology with 19 reasonable skill and safety because of a mental or physical 20 condition or illness, or the use of alcohol, controlled 21 substances, or any other substance which impairs one's ability 22 to practice. 23 1. The department may, upon probable cause, compel a 24 licensee to submit to a mental or physical examination by 25 physicians designated by the department. The cost of an 26 examination shall be borne by the licensee, and her or his 27 failure to submit to such an examination constitutes an 28 admission of the allegations against her or him, consequent 29 upon which a default and a final order may be entered without 30 the taking of testimony or presentation of evidence, unless 31 the failure was due to circumstances beyond her or his 125 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 control. 2 2. A licensee who is disciplined under this paragraph 3 shall, at reasonable intervals, be afforded an opportunity to 4 demonstrate that she or he can resume the practice of 5 electrology with reasonable skill and safety. 6 3. In any proceeding under this paragraph, the record 7 of proceedings or the orders entered by the board may not be 8 used against a licensee in any other proceeding. 9 (s) Disclosing the identity of or information about a 10 patient without written permission, except for information 11 which does not identify a patient and which is used for 12 training purposes in an approved electrolysis training 13 program. 14 (t) Practicing or attempting to practice any permanent 15 hair removal except as described in s. 478.42(5). 16 (u) Operating any electrolysis facility unless it has 17 been duly licensed as provided in this chapter. 18 (v) Violating any provision of this chapter or chapter 19 456, or any rules adopted pursuant thereto. 20 (2) The board may enter an order denying licensure or 21 imposing any of the penalties in s. 456.072(2) against any 22 applicant for licensure or licensee who is found guilty of 23 violating any provision of subsection (1) of this section or 24 who is found guilty of violating any provision of s. 25 456.072(1). When the board finds any person guilty of any of 26 the grounds set forth in subsection (1), including conduct 27 that would constitute a substantial violation of subsection 28 (1) which occurred prior to licensure, it may enter an order 29 imposing one or more of the following penalties: 30 (a) Deny the application for licensure. 31 (b) Revoke or suspend the license. 126 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (c) Impose an administrative fine not to exceed $5,000 2 for each count or separate offense. 3 (d) Place the licensee on probation for a specified 4 time and subject the licensee to such conditions as the board 5 determines necessary, including, but not limited to, requiring 6 treatment, continuing education courses, reexamination, or 7 working under the supervision of another licensee. 8 (e) Issue a reprimand to the licensee. 9 (f) Restriction of a licensee's practice. 10 Section 43. Subsections (1) and (2) of section 11 480.046, Florida Statutes, are amended to read: 12 480.046 Grounds for disciplinary action by the 13 board.-- 14 (1) The following acts shall constitute grounds for 15 denial of a license or disciplinary action, as specified in s. 16 456.072(2) which disciplinary actions specified in subsection 17 (2) may be taken against a massage therapist or massage 18 establishment licensed under this act: 19 (a) Attempting to procure a license to practice 20 massage by bribery or fraudulent misrepresentation. 21 (b) Having a license to practice massage revoked, 22 suspended, or otherwise acted against, including the denial of 23 licensure, by the licensing authority of another state, 24 territory, or country. 25 (c) Being convicted or found guilty, regardless of 26 adjudication, of a crime in any jurisdiction which directly 27 relates to the practice of massage or to the ability to 28 practice massage. Any plea of nolo contendere shall be 29 considered a conviction for purposes of this chapter. 30 (d) False, deceptive, or misleading advertising. 31 (e) Aiding, assisting, procuring, or advising any 127 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 unlicensed person to practice massage contrary to the 2 provisions of this chapter or to a rule of the department or 3 the board. 4 (f) Making deceptive, untrue, or fraudulent 5 representations in the practice of massage. 6 (g) Being unable to practice massage with reasonable 7 skill and safety by reason of illness or use of alcohol, 8 drugs, narcotics, chemicals, or any other type of material or 9 as a result of any mental or physical condition. In enforcing 10 this paragraph, the department shall have, upon probable 11 cause, authority to compel a massage therapist to submit to a 12 mental or physical examination by physicians designated by the 13 department. Failure of a massage therapist to submit to such 14 examination when so directed, unless the failure was due to 15 circumstances beyond her or his control, shall constitute an 16 admission of the allegations against her or him, consequent 17 upon which a default and final order may be entered without 18 the taking of testimony or presentation of evidence. A 19 massage therapist affected under this paragraph shall at 20 reasonable intervals be afforded an opportunity to demonstrate 21 that she or he can resume the competent practice of massage 22 with reasonable skill and safety to clients. 23 (h) Gross or repeated malpractice or the failure to 24 practice massage with that level of care, skill, and treatment 25 which is recognized by a reasonably prudent massage therapist 26 as being acceptable under similar conditions and 27 circumstances. 28 (i) Practicing or offering to practice beyond the 29 scope permitted by law or accepting and performing 30 professional responsibilities which the licensee knows or has 31 reason to know that she or he is not competent to perform. 128 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (j) Delegating professional responsibilities to a 2 person when the licensee delegating such responsibilities 3 knows or has reason to know that such person is not qualified 4 by training, experience, or licensure to perform. 5 (k) Violating any provision of this chapter, a rule of 6 the board or department, or a lawful order of the board or 7 department previously entered in a disciplinary hearing, or 8 failing to comply with a lawfully issued subpoena of the 9 department. 10 (l) Refusing to permit the department to inspect the 11 business premises of the licensee during regular business 12 hours. 13 (m) Failing to keep the equipment and premises of the 14 massage establishment in a clean and sanitary condition. 15 (n) Practicing massage at a site, location, or place 16 which is not duly licensed as a massage establishment, except 17 that a massage therapist, as provided by rules adopted by the 18 board, may provide massage services, excluding colonic 19 irrigation, at the residence of a client, at the office of the 20 client, at a sports event, at a convention, or at a trade 21 show. 22 (o) Violating any provision of this chapter or chapter 23 456, or any rules adopted pursuant thereto. 24 (2) The board may enter an order denying licensure or 25 imposing any of the penalties in s. 456.072(2) against any 26 applicant for licensure or licensee who is found guilty of 27 violating any provision of subsection (1) of this section or 28 who is found guilty of violating any provision of s. 29 456.072(1). When the board finds any person guilty of any of 30 the grounds set forth in subsection (1), it may enter an order 31 imposing one or more of the following penalties: 129 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (a) Refusal to license an applicant. 2 (b) Revocation or suspension of a license. 3 (c) Issuance of a reprimand or censure. 4 (d) Imposition of an administrative fine not to exceed 5 $1,000 for each count or separate offense. 6 Section 44. Section 483.825, Florida Statutes, is 7 amended to read: 8 483.825 Grounds for disciplinary action.-- 9 (1) The following acts constitute grounds for denial 10 of a license or disciplinary action, as specified in s. 11 456.072(2) which disciplinary actions specified in s. 483.827 12 may be taken against applicants, registrants, and licensees 13 under this part: 14 (a)(1) Attempting to obtain, obtaining, or renewing a 15 license or registration under this part by bribery, by 16 fraudulent misrepresentation, or through an error of the 17 department or the board. 18 (b)(2) Engaging in or attempting to engage in, or 19 representing herself or himself as entitled to perform, any 20 clinical laboratory procedure or category of procedures not 21 authorized pursuant to her or his license. 22 (c)(3) Demonstrating incompetence or making consistent 23 errors in the performance of clinical laboratory examinations 24 or procedures or erroneous reporting. 25 (d)(4) Performing a test and rendering a report 26 thereon to a person not authorized by law to receive such 27 services. 28 (e)(5) Has been convicted or found guilty of, or 29 entered a plea of nolo contendere to, regardless of 30 adjudication, a crime in any jurisdiction which directly 31 relates to the activities of clinical laboratory personnel or 130 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 involves moral turpitude or fraudulent or dishonest dealing. 2 The record of a conviction certified or authenticated in such 3 form as to be admissible in evidence under the laws of the 4 state shall be admissible as prima facie evidence of such 5 guilt. 6 (f)(6) Having been adjudged mentally or physically 7 incompetent. 8 (g)(7) Violating or Aiding and abetting in the 9 violation of any provision of this part or the rules adopted 10 hereunder. 11 (h)(8) Reporting a test result when no laboratory test 12 was performed on a clinical specimen. 13 (i)(9) Knowingly advertising false services or 14 credentials. 15 (j)(10) Having a license revoked, suspended, or 16 otherwise acted against, including the denial of licensure, by 17 the licensing authority of another jurisdiction. The licensing 18 authority's acceptance of a relinquishment of a license, 19 stipulation, consent order, or other settlement, offered in 20 response to or in anticipation of the filing of administrative 21 charges against the licensee, shall be construed as action 22 against the licensee. 23 (k)(11) Failing to report to the board, in writing, 24 within 30 days that an action under subsection (5), subsection 25 (6), or subsection (10) has been taken against the licensee or 26 one's license to practice as clinical laboratory personnel in 27 another state, territory, country, or other jurisdiction. 28 (l)(12) Being unable to perform or report clinical 29 laboratory examinations with reasonable skill and safety to 30 patients by reason of illness or use of alcohol, drugs, 31 narcotics, chemicals, or any other type of material or as a 131 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 result of any mental or physical condition. In enforcing this 2 subsection, the department shall have, upon a finding of the 3 secretary or his or her designee that probable cause exists to 4 believe that the licensee is unable to practice because of the 5 reasons stated in this subsection, the authority to issue an 6 order to compel a licensee to submit to a mental or physical 7 examination by physicians designated by the department. If 8 the licensee refuses to comply with such order, the 9 department's order directing such examination may be enforced 10 by filing a petition for enforcement in the circuit court 11 where the licensee resides or does business. The department 12 shall be entitled to the summary procedure provided in s. 13 51.011. A licensee affected under this subsection shall at 14 reasonable intervals be afforded an opportunity to demonstrate 15 that he or she can resume competent practice with reasonable 16 skill and safety to patients. 17 (m)(13) Delegating professional responsibilities to a 18 person when the licensee delegating such responsibilities 19 knows, or has reason to know, that such person is not 20 qualified by training, experience, or licensure to perform 21 them. 22 (n)(14) Violating a previous order of the board 23 entered in a disciplinary proceeding. 24 (o)(15) Failing to report to the department a person 25 or other licensee who the licensee knows is in violation of 26 this chapter or the rules of the department or board adopted 27 hereunder. 28 (p)(16) Making or filing a report which the licensee 29 knows to be false, intentionally or negligently failing to 30 file a report or record required by state or federal law, 31 willfully impeding or obstructing such filing or inducing 132 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 another person to do so, including, but not limited to, 2 impeding an agent of the state from obtaining a report or 3 record for investigative purposes. Such reports or records 4 shall include only those generated in the capacity as a 5 licensed clinical laboratory personnel. 6 (q)(17) Paying or receiving any commission, bonus, 7 kickback, or rebate, or engaging in any split-fee arrangement 8 in any form whatsoever with a physician, organization, agency, 9 or person, either directly or indirectly for patients referred 10 to providers of health care goods and services including, but 11 not limited to, hospitals, nursing homes, clinical 12 laboratories, ambulatory surgical centers, or pharmacies. The 13 provisions of this subsection shall not be construed to 14 prevent a clinical laboratory professional from receiving a 15 fee for professional consultation services. 16 (r)(18) Exercising influence on a patient or client in 17 such a manner as to exploit the patient or client for the 18 financial gain of the licensee or other third party, which 19 shall include, but not be limited to, the promoting, selling, 20 or withholding of services, goods, appliances, referrals, or 21 drugs. 22 (s)(19) Practicing or offering to practice beyond the 23 scope permitted by law or rule, or accepting or performing 24 professional services or responsibilities which the licensee 25 knows or has reason to know that he or she is not competent to 26 perform. 27 (t)(20) Misrepresenting or concealing a material fact 28 at any time during any phase of the licensing, investigative, 29 or disciplinary process, procedure, or proceeding. 30 (u)(21) Improperly interfering with an investigation 31 or any disciplinary proceeding. 133 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (v)(22) Engaging in or attempting to engage in sexual 2 misconduct, causing undue embarrassment or using disparaging 3 language or language of a sexual nature towards a patient, 4 exploiting superior/subordinate, professional/patient, 5 instructor/student relationships for personal gain, sexual 6 gratification, or advantage. 7 (w) Violating any provision of this chapter or chapter 8 456, or any rules adopted pursuant thereto. 9 (2) The board may enter an order denying licensure or 10 imposing any of the penalties in s. 456.072(2) against any 11 applicant for licensure or licensee who is found guilty of 12 violating any provision of subsection (1) of this section or 13 who is found guilty of violating any provision of s. 14 456.072(1). 15 (3) In determining the amount of the fine to be levied 16 for a violation, as provided in subsection (1), the following 17 factors shall be considered: 18 (a) The severity of the violation, including the 19 probability that death or serious harm to the health or safety 20 of any person will result or has resulted, the severity of the 21 actual or potential harm, and the extent to which the 22 provisions of this part were violated. 23 (b) Actions taken by the licensee to correct the 24 violation or to remedy complaints. 25 (c) Any previous violation by the licensee. 26 (d) The financial benefit to the licensee of 27 committing or continuing the violation. 28 Section 45. Section 483.827, Florida Statutes, is 29 repealed. 30 Section 46. Subsection (6) of section 483.901, Florida 31 Statutes, is amended to read: 134 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 483.901 Medical physicists; definitions; licensure.-- 2 (6) LICENSE REQUIRED.--An individual may not engage in 3 the practice of medical physics, including the specialties of 4 diagnostic radiological physics, therapeutic radiological 5 physics, medical nuclear radiological physics, or medical 6 health physics, without a license issued by the department for 7 the appropriate specialty. 8 (a) The department shall adopt rules to administer 9 this section which specify license application and renewal 10 fees, continuing education requirements, and standards for 11 practicing medical physics. The council shall recommend to 12 the department continuing education requirements that shall be 13 a condition of license renewal. The department shall require 14 a minimum of 24 hours per biennium of continuing education 15 offered by an organization recommended by the council and 16 approved by the department. The department, upon 17 recommendation of the council, may adopt rules to specify 18 continuing education requirements for persons who hold a 19 license in more than one specialty. 20 (b) In order to apply for a medical physicist license 21 in one or more specialties, a person must file an individual 22 application for each specialty with the department. The 23 application must be on a form prescribed by the department and 24 must be accompanied by a nonrefundable application fee for 25 each specialty. 26 (c) The department may issue a license to an eligible 27 applicant if the applicant meets all license requirements. At 28 any time before the department issues a license, the applicant 29 may request in writing that the application be withdrawn. To 30 reapply, the applicant must submit a new application and an 31 additional nonrefundable application fee and must meet all 135 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 current licensure requirements. 2 (d) The department shall review each completed 3 application for a license which the department receives. 4 (e) On receipt of an application and fee as specified 5 in this section, the department may issue a license to 6 practice medical physics in this state on or after October 1, 7 1997, to a person who is board certified in the medical 8 physics specialty in which the applicant applies to practice 9 by the American Board of Radiology for diagnostic radiological 10 physics, therapeutic radiological physics, or medical nuclear 11 radiological physics; by the American Board of Medical Physics 12 for diagnostic radiological physics, therapeutic radiological 13 physics, or medical nuclear radiological physics; or by the 14 American Board of Health Physics or an equivalent certifying 15 body approved by the department. 16 (f) A licensee shall: 17 1. Display the license in a place accessible to the 18 public; and 19 2. Report immediately any change in the licensee's 20 address or name to the department. 21 (g) The following acts constitute are grounds for 22 denial of a license or disciplinary action, as specified in s. 23 456.072(2) which the disciplinary actions in paragraph (h) may 24 be taken: 25 1. Obtaining or attempting to obtain a license by 26 bribery, fraud, knowing misrepresentation, or concealment of 27 material fact or through an error of the department. 28 2. Having a license denied, revoked, suspended, or 29 otherwise acted against in another jurisdiction. 30 3. Being convicted or found guilty of, or entering a 31 plea of nolo contendere to, regardless of adjudication, a 136 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 crime in any jurisdiction which relates to the practice of, or 2 the ability to practice, the profession of medical physics. 3 4. Willfully failing to file a report or record 4 required for medical physics or willfully impeding or 5 obstructing the filing of a report or record required by this 6 section or inducing another person to do so. 7 5. Making misleading, deceptive, or fraudulent 8 representations in or related to the practice of medical 9 physics. 10 6. Willfully failing to report any known violation of 11 this section or any rule adopted thereunder. 12 7. Willfully or repeatedly violating a rule adopted 13 under this section or an order of the department. 14 7.8. Failing to perform any statutory or legal 15 obligation placed upon a licensee. 16 8.9. Aiding, assisting, procuring, employing, or 17 advising any unlicensed person to practice medical physics 18 contrary to this section or any rule adopted thereunder. 19 9.10. Delegating or contracting for the performance of 20 professional responsibilities by a person when the licensee 21 delegating or contracting such responsibilities knows, or has 22 reason to know, such person is not qualified by training, 23 experience, and authorization to perform them. 24 10.11. Practicing or offering to practice beyond the 25 scope permitted by law or accepting and performing 26 professional responsibilities the licensee knows, or has 27 reason to know, the licensee is not competent to perform. 28 11.12. Gross or repeated malpractice or the inability 29 to practice medical physics with reasonable skill and safety. 30 12.13. Judicially determined mental incompetency. 31 13.14. Being unable to practice medical physics with 137 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 reasonable skill and safety because of a mental or physical 2 condition or illness or the use of alcohol, controlled 3 substances, or any other substance which impairs one's ability 4 to practice. 5 a. The department may, upon probable cause, compel a 6 licensee to submit to a mental or physical examination by 7 physicians designated by the department. The cost of an 8 examination shall be borne by the licensee, and the licensee's 9 failure to submit to such an examination constitutes an 10 admission of the allegations against the licensee, consequent 11 upon which a default and a final order may be entered without 12 the taking of testimony or presentation of evidence, unless 13 the failure was due to circumstances beyond the licensee's 14 control. 15 b. A licensee who is disciplined under this 16 subparagraph shall, at reasonable intervals, be afforded an 17 opportunity to demonstrate that the licensee can resume the 18 practice of medical physics with reasonable skill and safety. 19 c. With respect to any proceeding under this 20 subparagraph, the record of proceedings or the orders entered 21 by the department may not be used against a licensee in any 22 other proceeding. 23 14. Violating any provision of this chapter or chapter 24 456, or any rules adopted pursuant thereto. 25 (h) The board may enter an order denying licensure or 26 imposing any of the penalties in s. 456.072(2) against any 27 applicant for licensure or licensee who is found guilty of 28 violating any provision of subsection (1) of this section or 29 who is found guilty of violating any provision of s. 30 456.072(1). When the department finds any person guilty of any 31 of the grounds set forth in paragraph (g), including conduct 138 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 that would constitute a substantial violation of paragraph (g) 2 which occurred prior to licensure, it may enter an order 3 imposing one or more of the following penalties: 4 1. Deny the application for licensure. 5 2. Revoke or suspend the license. 6 3. Impose an administrative fine for each count or 7 separate offense. 8 4. Place the licensee on probation for a specified 9 time and subject the licensee to such conditions as the 10 department determines necessary, including requiring 11 treatment, continuing education courses, or working under the 12 monitoring or supervision of another licensee. 13 5. Restrict a licensee's practice. 14 6. Issue a reprimand to the licensee. 15 (i) The department may not issue or reinstate a 16 license to a person it has deemed unqualified until it is 17 satisfied that such person has complied with the terms and 18 conditions of the final order and that the licensee can safely 19 practice medical physics. 20 (j) Upon receipt of a complete application and the fee 21 set forth by rule, the department may issue a 22 physicist-in-training certificate to a person qualified to 23 practice medical physics under direct supervision. The 24 department may establish by rule requirements for initial 25 certification and renewal of a physicist-in-training 26 certificate. 27 Section 47. Subsections (1) and (2) of section 28 484.014, Florida Statutes, are amended to read: 29 484.014 Disciplinary actions.-- 30 (1) The following acts constitute relating to the 31 practice of opticianry shall be grounds for denial of a 139 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 license or disciplinary action, as specified in s. 456.072(2) 2 both disciplinary action against an optician as set forth in 3 this section and cease and desist or other related action by 4 the department as set forth in s. 456.065 against any person 5 operating an optical establishment who engages in, aids, or 6 abets any such violation: 7 (a) Procuring or attempting to procure a license by 8 misrepresentation, bribery, or fraud or through an error of 9 the department or the board. 10 (b) Procuring or attempting to procure a license for 11 any other person by making or causing to be made any false 12 representation. 13 (c) Making or filing a report or record which the 14 licensee knows to be false, intentionally or negligently 15 failing to file a report or record required by federal or 16 state law, willfully impeding or obstructing such filing, or 17 inducing another person to do so. Such reports or records 18 shall include only those which the person is required to make 19 or file as an optician. 20 (d) Failing to make fee or price information readily 21 available by providing such information upon request or upon 22 the presentation of a prescription. 23 (e) Advertising goods or services in a manner which is 24 fraudulent, false, deceptive, or misleading in form or 25 content. 26 (f) Fraud or deceit, or negligence, incompetency, or 27 misconduct, in the authorized practice of opticianry. 28 (g) Violation or repeated violation of this part or of 29 chapter 456 or any rules promulgated pursuant thereto. 30 (g)(h) Practicing with a revoked, suspended, inactive, 31 or delinquent license. 140 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (h)(i) Violation of a lawful order of the board or 2 department previously entered in a disciplinary hearing or 3 failing to comply with a lawfully issued subpoena of the 4 department. 5 (i)(j) Violation of any provision of s. 484.012. 6 (j)(k) Conspiring with another licensee or with any 7 person to commit an act, or committing an act, which would 8 coerce, intimidate, or preclude another licensee from lawfully 9 advertising her or his services. 10 (k)(l) Willfully submitting to any third-party payor a 11 claim for services which were not provided to a patient. 12 (l)(m) Failing to keep written prescription files. 13 (m)(n) Willfully failing to report any person who the 14 licensee knows is in violation of this part or of rules of the 15 department or the board. 16 (n)(o) Exercising influence on a client in such a 17 manner as to exploit the client for financial gain of the 18 licensee or of a third party. 19 (o)(p) Gross or repeated malpractice. 20 (p)(q) Permitting any person not licensed as an 21 optician in this state to fit or dispense any lenses, 22 spectacles, eyeglasses, or other optical devices which are 23 part of the practice of opticianry. 24 (q)(r) Being convicted or found guilty of, or entering 25 a plea of nolo contendere to, regardless of adjudication, in a 26 court of this state or other jurisdiction, a crime which 27 relates to the ability to practice opticianry or to the 28 practice of opticianry. 29 (r)(s) Having been disciplined by a regulatory agency 30 in another state for any offense that would constitute a 31 violation of Florida law or rules regulating opticianry. 141 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (s)(t) Being unable to practice opticianry with 2 reasonable skill and safety by reason of illness or use of 3 drugs, narcotics, chemicals, or any other type of material or 4 as a result of any mental or physical condition. An optician 5 affected under this paragraph shall at reasonable intervals be 6 afforded an opportunity to demonstrate that she or he can 7 resume the competent practice of opticianry with reasonable 8 skill and safety to her or his customers. 9 (t) Violating any provision of this chapter or chapter 10 456, or any rules adopted pursuant thereto. 11 (2) The board may enter an order denying licensure or 12 imposing any of the penalties in s. 456.072(2) against any 13 applicant for licensure or licensee who is found guilty of 14 violating any provision of subsection (1) of this section or 15 who is found guilty of violating any provision of s. 16 456.072(1). When the board finds any person guilty of any of 17 the grounds set forth in subsection (1), it may enter an order 18 imposing one or more of the following penalties: 19 (a) Refusal to certify to the department an 20 application for licensure. 21 (b) Revocation or suspension of a license. 22 (c) Imposition of an administrative fine not to exceed 23 $1,000 for each count or separate offense. 24 (d) Issuance of a reprimand. 25 (e) Placement of the optician on probation for a 26 period of time and subject to such conditions as the board may 27 specify, including requiring the optician to submit to 28 treatment or to work under the supervision of another 29 optician. 30 Section 48. Subsections (1) and (2) of section 31 484.056, Florida Statutes, are amended to read: 142 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 484.056 Disciplinary proceedings.-- 2 (1) The following acts constitute relating to the 3 practice of dispensing hearing aids shall be grounds for 4 denial of a license or disciplinary action, as specified in s. 5 456.072(2) both disciplinary action against a hearing aid 6 specialist as set forth in this section and cease and desist 7 or other related action by the department as set forth in s. 8 456.065 against any person owning or operating a hearing aid 9 establishment who engages in, aids, or abets any such 10 violation: 11 (a) Violation of any provision of s. 456.072(1), s. 12 484.0512, or s. 484.053. 13 (b) Attempting to procure a license to dispense 14 hearing aids by bribery, by fraudulent misrepresentations, or 15 through an error of the department or the board. 16 (c) Having a license to dispense hearing aids revoked, 17 suspended, or otherwise acted against, including the denial of 18 licensure, by the licensing authority of another state, 19 territory, or country. 20 (d) Being convicted or found guilty of, or entering a 21 plea of nolo contendere to, regardless of adjudication, a 22 crime in any jurisdiction which directly relates to the 23 practice of dispensing hearing aids or the ability to practice 24 dispensing hearing aids, including violations of any federal 25 laws or regulations regarding hearing aids. 26 (e) Making or filing a report or record which the 27 licensee knows to be false, intentionally or negligently 28 failing to file a report or record required by state or 29 federal law, willfully impeding or obstructing such filing, or 30 inducing another person to impede or obstruct such filing. 31 Such reports or records shall include only those reports or 143 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 records which are signed in one's capacity as a licensed 2 hearing aid specialist. 3 (f) Advertising goods or services in a manner which is 4 fraudulent, false, deceptive, or misleading in form or 5 content. 6 (g) Proof that the licensee is guilty of fraud or 7 deceit or of negligence, incompetency, or misconduct in the 8 practice of dispensing hearing aids. 9 (h) Violation or repeated violation of this part or of 10 chapter 456, or any rules promulgated pursuant thereto. 11 (h)(i) Violation of a lawful order of the board or 12 department previously entered in a disciplinary hearing or 13 failure to comply with a lawfully issued subpoena of the board 14 or department. 15 (i)(j) Practicing with a revoked, suspended, inactive, 16 or delinquent license. 17 (j)(k) Using, or causing or promoting the use of, any 18 advertising matter, promotional literature, testimonial, 19 guarantee, warranty, label, brand, insignia, or other 20 representation, however disseminated or published, which is 21 misleading, deceiving, or untruthful. 22 (k)(l) Showing or demonstrating, or, in the event of 23 sale, delivery of, a product unusable or impractical for the 24 purpose represented or implied by such action. 25 (l)(m) Misrepresentation of professional services 26 available in the fitting, sale, adjustment, service, or repair 27 of a hearing aid, or use of the terms "doctor," "clinic," 28 "clinical," "medical audiologist," "clinical audiologist," 29 "research audiologist," or "audiologic" or any other term or 30 title which might connote the availability of professional 31 services when such use is not accurate. 144 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (m)(n) Representation, advertisement, or implication 2 that a hearing aid or its repair is guaranteed without 3 providing full disclosure of the identity of the guarantor; 4 the nature, extent, and duration of the guarantee; and the 5 existence of conditions or limitations imposed upon the 6 guarantee. 7 (n)(o) Representing, directly or by implication, that 8 a hearing aid utilizing bone conduction has certain specified 9 features, such as the absence of anything in the ear or 10 leading to the ear, or the like, without disclosing clearly 11 and conspicuously that the instrument operates on the bone 12 conduction principle and that in many cases of hearing loss 13 this type of instrument may not be suitable. 14 (o)(p) Making any predictions or prognostications as 15 to the future course of a hearing impairment, either in 16 general terms or with reference to an individual person. 17 (p)(q) Stating or implying that the use of any hearing 18 aid will improve or preserve hearing or prevent or retard the 19 progression of a hearing impairment or that it will have any 20 similar or opposite effect. 21 (q)(r) Making any statement regarding the cure of the 22 cause of a hearing impairment by the use of a hearing aid. 23 (r)(s) Representing or implying that a hearing aid is 24 or will be "custom-made," "made to order," or 25 "prescription-made" or in any other sense specially fabricated 26 for an individual person when such is not the case. 27 (s)(t) Canvassing from house to house or by telephone 28 either in person or by an agent for the purpose of selling a 29 hearing aid, except that contacting persons who have evidenced 30 an interest in hearing aids, or have been referred as in need 31 of hearing aids, shall not be considered canvassing. 145 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (t)(u) Failure to submit to the board on an annual 2 basis, or such other basis as may be provided by rule, 3 certification of testing and calibration of audiometric 4 testing equipment on the form approved by the board. 5 (u)(v) Failing to provide all information as described 6 in s. 484.051(1). 7 (v)(w) Exercising influence on a client in such a 8 manner as to exploit the client for financial gain of the 9 licensee or of a third party. 10 (w) Violating any provision of this chapter or chapter 11 456, or any rules adopted pursuant thereto. 12 (2)(a) The board may enter an order denying licensure 13 or imposing any of the penalties in s. 456.072(2) against any 14 applicant for licensure or licensee who is found guilty of 15 violating any provision of subsection (1) of this section or 16 who is found guilty of violating any provision of s. 17 456.072(1). Except as provided in paragraph (b), when the 18 board finds any hearing aid specialist to be guilty of any of 19 the grounds set forth in subsection (1), it may enter an order 20 imposing one or more of the following penalties: 21 1. Denial of an application for licensure. 22 2. Revocation or suspension of a license. 23 3. Imposition of an administrative fine not to exceed 24 $1,000 for each count or separate offense. 25 4. Issuance of a reprimand. 26 5. Placing the hearing aid specialist on probation for 27 a period of time and subject to such conditions as the board 28 may specify, including requiring the hearing aid specialist to 29 attend continuing education courses or to work under the 30 supervision of another hearing aid specialist. 31 6. Restricting the authorized scope of practice. 146 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (b) The board shall revoke the license of any hearing 2 aid specialist found guilty of canvassing as described in this 3 section. 4 Section 49. Subsections (1) and (2) of section 5 486.125, Florida Statutes, are amended to read: 6 486.125 Refusal, revocation, or suspension of license; 7 administrative fines and other disciplinary measures.-- 8 (1) The following acts shall constitute grounds for 9 denial of a license or disciplinary action, as specified in s. 10 456.072(2) which the disciplinary actions specified in 11 subsection (2) may be taken: 12 (a) Being unable to practice physical therapy with 13 reasonable skill and safety to patients by reason of illness 14 or use of alcohol, drugs, narcotics, chemicals, or any other 15 type of material or as a result of any mental or physical 16 condition. 17 1. In enforcing this paragraph, upon a finding of the 18 secretary or the secretary's designee that probable cause 19 exists to believe that the licensee is unable to practice 20 physical therapy due to the reasons stated in this paragraph, 21 the department shall have the authority to compel a physical 22 therapist or physical therapist assistant to submit to a 23 mental or physical examination by a physician designated by 24 the department. If the licensee refuses to comply with such 25 order, the department's order directing such examination may 26 be enforced by filing a petition for enforcement in the 27 circuit court where the licensee resides or serves as a 28 physical therapy practitioner. The licensee against whom the 29 petition is filed shall not be named or identified by initials 30 in any public court records or documents, and the proceedings 31 shall be closed to the public. The department shall be 147 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 entitled to the summary procedure provided in s. 51.011. 2 2. A physical therapist or physical therapist 3 assistant whose license is suspended or revoked pursuant to 4 this subsection shall, at reasonable intervals, be given an 5 opportunity to demonstrate that she or he can resume the 6 competent practice of physical therapy with reasonable skill 7 and safety to patients. 8 3. Neither the record of proceeding nor the orders 9 entered by the board in any proceeding under this subsection 10 may be used against a physical therapist or physical therapist 11 assistant in any other proceeding. 12 (b) Having committed fraud in the practice of physical 13 therapy or deceit in obtaining a license as a physical 14 therapist or as a physical therapist assistant. 15 (c) Being convicted or found guilty regardless of 16 adjudication, of a crime in any jurisdiction which directly 17 relates to the practice of physical therapy or to the ability 18 to practice physical therapy. The entry of any plea of nolo 19 contendere shall be considered a conviction for purpose of 20 this chapter. 21 (d) Having treated or undertaken to treat human 22 ailments by means other than by physical therapy, as defined 23 in this chapter. 24 (e) Failing to maintain acceptable standards of 25 physical therapy practice as set forth by the board in rules 26 adopted pursuant to this chapter. 27 (f) Engaging directly or indirectly in the dividing, 28 transferring, assigning, rebating, or refunding of fees 29 received for professional services, or having been found to 30 profit by means of a credit or other valuable consideration, 31 such as an unearned commission, discount, or gratuity, with 148 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 any person referring a patient or with any relative or 2 business associate of the referring person. Nothing in this 3 chapter shall be construed to prohibit the members of any 4 regularly and properly organized business entity which is 5 comprised of physical therapists and which is recognized under 6 the laws of this state from making any division of their total 7 fees among themselves as they determine necessary. 8 (g) Having a license revoked or suspended; having had 9 other disciplinary action taken against her or him; or having 10 had her or his application for a license refused, revoked, or 11 suspended by the licensing authority of another state, 12 territory, or country. 13 (h) Violating any provision of this chapter, a rule of 14 the board or department, or a lawful order of the board or 15 department previously entered in a disciplinary hearing. 16 (i) Making or filing a report or record which the 17 licensee knows to be false. Such reports or records shall 18 include only those which are signed in the capacity of a 19 physical therapist. 20 (j) Practicing or offering to practice beyond the 21 scope permitted by law or accepting and performing 22 professional responsibilities which the licensee knows or has 23 reason to know that she or he is not competent to perform, 24 including, but not limited to, specific spinal manipulation. 25 (k) Violating any provision of this chapter or chapter 26 456, or any rules adopted pursuant thereto. 27 (2) The board may enter an order denying licensure or 28 imposing any of the penalties in s. 456.072(2) against any 29 applicant for licensure or licensee who is found guilty of 30 violating any provision of subsection (1) of this section or 31 who is found guilty of violating any provision of s. 149 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 456.072(1). When the board finds any person guilty of any of 2 the grounds set forth in subsection (1), it may enter an order 3 imposing one or more of the following penalties: 4 (a) Refusal to certify to the department an 5 application for licensure. 6 (b) Revocation or suspension of a license. 7 (c) Restriction of practice. 8 (d) Imposition of an administrative fine not to exceed 9 $1,000 for each count or separate offense. 10 (e) Issuance of a reprimand. 11 (f) Placement of the physical therapist or physical 12 therapist assistant on probation for a period of time and 13 subject to such conditions as the board may specify, 14 including, but not limited to, requiring the physical 15 therapist or physical therapist assistant to submit to 16 treatment, to attend continuing education courses, to submit 17 to reexamination, or to work under the supervision of another 18 physical therapist. 19 (g) Recovery of actual costs of investigation and 20 prosecution. 21 Section 50. Section 490.009, Florida Statutes, is 22 amended to read: 23 490.009 Discipline.-- 24 (1) When the department or, in the case of 25 psychologists, the board finds that an applicant, provisional 26 licensee, or licensee whom it regulates under this chapter has 27 committed any of the acts set forth in subsection (2), it may 28 issue an order imposing one or more of the following 29 penalties: 30 (a) Denial of an application for licensure, either 31 temporarily or permanently. 150 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (b) Revocation of an application for licensure, either 2 temporarily or permanently. 3 (c) Suspension for a period of up to 5 years or 4 revocation of a license, after hearing. 5 (d) Immediate suspension of a license pursuant to s. 6 120.60(6). 7 (e) Imposition of an administrative fine not to exceed 8 $5,000 for each count or separate offense. 9 (f) Issuance of a public reprimand. 10 (g) Placement of an applicant or licensee on probation 11 for a period of time and subject to conditions specified by 12 the department or, in the case of psychologists, by the board, 13 including, but not limited to, requiring the applicant or 14 licensee to submit to treatment, to attend continuing 15 education courses, to submit to reexamination, or to work 16 under the supervision of a designated licensee. 17 (h) Restriction of practice. 18 (1)(2) The following acts constitute of a licensee, 19 provisional licensee, or applicant are grounds for denial of a 20 license or disciplinary action, as specified in s. 456.072(2) 21 which the disciplinary actions listed in subsection (1) may be 22 taken: 23 (a) Attempting to obtain, obtaining, or renewing a 24 license under this chapter by bribery or fraudulent 25 misrepresentation or through an error of the board or 26 department. 27 (b) Having a license to practice a comparable 28 profession revoked, suspended, or otherwise acted against, 29 including the denial of certification or licensure by another 30 state, territory, or country. 31 (c) Being convicted or found guilty, regardless of 151 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 adjudication, of a crime in any jurisdiction which directly 2 relates to the practice of his or her profession or the 3 ability to practice his or her profession. A plea of nolo 4 contendere creates a rebuttable presumption of guilt of the 5 underlying criminal charges. However, the board shall allow 6 the person who is the subject of the disciplinary proceeding 7 to present any evidence relevant to the underlying charges and 8 circumstances surrounding the plea. 9 (d) False, deceptive, or misleading advertising or 10 obtaining a fee or other thing of value on the representation 11 that beneficial results from any treatment will be guaranteed. 12 (e) Advertising, practicing, or attempting to practice 13 under a name other than one's own. 14 (f) Maintaining a professional association with any 15 person who the applicant or licensee knows, or has reason to 16 believe, is in violation of this chapter or of a rule of the 17 department or, in the case of psychologists, of the department 18 or the board. 19 (g) Knowingly aiding, assisting, procuring, or 20 advising any nonlicensed person to hold himself or herself out 21 as licensed under this chapter. 22 (h) Failing to perform any statutory or legal 23 obligation placed upon a person licensed under this chapter. 24 (i) Willfully making or filing a false report or 25 record; failing to file a report or record required by state 26 or federal law; willfully impeding or obstructing the filing 27 of a report or record; or inducing another person to make or 28 file a false report or record or to impede or obstruct the 29 filing of a report or record. Such report or record includes 30 only a report or record which requires the signature of a 31 person licensed under this chapter. 152 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 (j) Paying a kickback, rebate, bonus, or other 2 remuneration for receiving a patient or client, or receiving a 3 kickback, rebate, bonus, or other remuneration for referring a 4 patient or client to another provider of mental health care 5 services or to a provider of health care services or goods; 6 referring a patient or client to oneself for services on a 7 fee-paid basis when those services are already being paid for 8 by some other public or private entity; or entering into a 9 reciprocal referral agreement. 10 (k) Committing any act upon a patient or client which 11 would constitute sexual battery or which would constitute 12 sexual misconduct as defined in s. 490.0111. 13 (l) Making misleading, deceptive, untrue, or 14 fraudulent representations in the practice of any profession 15 licensed under this chapter. 16 (m) Soliciting patients or clients personally, or 17 through an agent, through the use of fraud, intimidation, 18 undue influence, or a form of overreaching or vexatious 19 conduct. 20 (n) Failing to make available to a patient or client, 21 upon written request, copies of test results, reports, or 22 documents in the possession or under the control of the 23 licensee which have been prepared for and paid for by the 24 patient or client. 25 (o) Failing to respond within 30 days to a written 26 communication from the department concerning any investigation 27 by the department or to make available any relevant records 28 with respect to any investigation about the licensee's conduct 29 or background. 30 (p) Being unable to practice the profession for which 31 he or she is licensed under this chapter with reasonable skill 153 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 or competence as a result of any mental or physical condition 2 or by reason of illness; drunkenness; or excessive use of 3 drugs, narcotics, chemicals, or any other substance. In 4 enforcing this paragraph, upon a finding by the secretary, the 5 secretary's designee, or the board that probable cause exists 6 to believe that the licensee is unable to practice the 7 profession because of the reasons stated in this paragraph, 8 the department shall have the authority to compel a licensee 9 to submit to a mental or physical examination by psychologists 10 or physicians designated by the department or board. If the 11 licensee refuses to comply with the department's order, the 12 department may file a petition for enforcement in the circuit 13 court of the circuit in which the licensee resides or does 14 business. The licensee shall not be named or identified by 15 initials in the petition or in any other public court records 16 or documents, and the enforcement proceedings shall be closed 17 to the public. The department shall be entitled to the 18 summary procedure provided in s. 51.011. A licensee affected 19 under this paragraph shall be afforded an opportunity at 20 reasonable intervals to demonstrate that he or she can resume 21 the competent practice for which he or she is licensed with 22 reasonable skill and safety to patients. 23 (q) Violating provisions of this chapter, or of 24 chapter 456, or any rules adopted pursuant thereto. 25 (q)(r) Performing any treatment or prescribing any 26 therapy which, by the prevailing standards of the mental 27 health professions in the community, would constitute 28 experimentation on human subjects, without first obtaining 29 full, informed, and written consent. 30 (r)(s) Failing to meet the minimum standards of 31 performance in professional activities when measured against 154 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 generally prevailing peer performance, including the 2 undertaking of activities for which the licensee is not 3 qualified by training or experience. 4 (s)(t) Delegating professional responsibilities to a 5 person whom the licensee knows or has reason to know is not 6 qualified by training or experience to perform such 7 responsibilities. 8 (t)(u) Violating a rule relating to the regulation of 9 the profession or a lawful order of the department previously 10 entered in a disciplinary hearing. 11 (u)(v) Failing to maintain in confidence a 12 communication made by a patient or client in the context of 13 such services, except as provided in s. 490.0147. 14 (v)(w) Making public statements which are derived from 15 test data, client contacts, or behavioral research and which 16 identify or damage research subjects or clients. 17 (w) Violating any provision of this chapter or chapter 18 456, or any rules adopted pursuant thereto. 19 (2) The department, or in the case of psychologists, 20 the board, may enter an order denying licensure or imposing 21 any of the penalties in s. 456.072(2) against any applicant 22 for licensure or licensee who is found guilty of violating any 23 provision of subsection (1) of this section or who is found 24 guilty of violating any provision of s. 456.072(1). 25 Section 51. Section 491.009, Florida Statutes, is 26 amended to read: 27 491.009 Discipline.-- 28 (1) When the department or the board finds that an 29 applicant, licensee, provisional licensee, registered intern, 30 or certificateholder whom it regulates under this chapter has 31 committed any of the acts set forth in subsection (2), it may 155 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 issue an order imposing one or more of the following 2 penalties: 3 (a) Denial of an application for licensure, 4 registration, or certification, either temporarily or 5 permanently. 6 (b) Revocation of an application for licensure, 7 registration, or certification, either temporarily or 8 permanently. 9 (c) Suspension for a period of up to 5 years or 10 revocation of a license, registration, or certificate, after 11 hearing. 12 (d) Immediate suspension of a license, registration, 13 or certificate pursuant to s. 120.60(6). 14 (e) Imposition of an administrative fine not to exceed 15 $1,000 for each count or separate offense. 16 (f) Issuance of a public reprimand. 17 (g) Placement of an applicant, licensee, registered 18 intern, or certificateholder on probation for a period of time 19 and subject to such conditions as the board may specify, 20 including, but not limited to, requiring the applicant, 21 licensee, registered intern, or certificateholder to submit to 22 treatment, to attend continuing education courses, to submit 23 to reexamination, or to work under the supervision of a 24 designated licensee or certificateholder. 25 (h) Restriction of practice. 26 (1)(2) The following acts constitute of a licensee, 27 provisional licensee, registered intern, certificateholder, or 28 applicant are grounds for denial of a license or disciplinary 29 action, as specified in s. 456.072(2) which the disciplinary 30 actions listed in subsection (1) may be taken: 31 (a) Attempting to obtain, obtaining, or renewing a 156 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 license, registration, or certificate under this chapter by 2 bribery or fraudulent misrepresentation or through an error of 3 the board or the department. 4 (b) Having a license, registration, or certificate to 5 practice a comparable profession revoked, suspended, or 6 otherwise acted against, including the denial of certification 7 or licensure by another state, territory, or country. 8 (c) Being convicted or found guilty of, regardless of 9 adjudication, or having entered a plea of nolo contendere to, 10 a crime in any jurisdiction which directly relates to the 11 practice of his or her profession or the ability to practice 12 his or her profession. However, in the case of a plea of nolo 13 contendere, the board shall allow the person who is the 14 subject of the disciplinary proceeding to present evidence in 15 mitigation relevant to the underlying charges and 16 circumstances surrounding the plea. 17 (d) False, deceptive, or misleading advertising or 18 obtaining a fee or other thing of value on the representation 19 that beneficial results from any treatment will be guaranteed. 20 (e) Advertising, practicing, or attempting to practice 21 under a name other than one's own. 22 (f) Maintaining a professional association with any 23 person who the applicant, licensee, registered intern, or 24 certificateholder knows, or has reason to believe, is in 25 violation of this chapter or of a rule of the department or 26 the board. 27 (g) Knowingly aiding, assisting, procuring, or 28 advising any nonlicensed, nonregistered, or noncertified 29 person to hold himself or herself out as licensed, registered, 30 or certified under this chapter. 31 (h) Failing to perform any statutory or legal 157 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 obligation placed upon a person licensed, registered, or 2 certified under this chapter. 3 (i) Willfully making or filing a false report or 4 record; failing to file a report or record required by state 5 or federal law; willfully impeding or obstructing the filing 6 of a report or record; or inducing another person to make or 7 file a false report or record or to impede or obstruct the 8 filing of a report or record. Such report or record includes 9 only a report or record which requires the signature of a 10 person licensed, registered, or certified under this chapter. 11 (j) Paying a kickback, rebate, bonus, or other 12 remuneration for receiving a patient or client, or receiving a 13 kickback, rebate, bonus, or other remuneration for referring a 14 patient or client to another provider of mental health care 15 services or to a provider of health care services or goods; 16 referring a patient or client to oneself for services on a 17 fee-paid basis when those services are already being paid for 18 by some other public or private entity; or entering into a 19 reciprocal referral agreement. 20 (k) Committing any act upon a patient or client which 21 would constitute sexual battery or which would constitute 22 sexual misconduct as defined pursuant to s. 491.0111. 23 (l) Making misleading, deceptive, untrue, or 24 fraudulent representations in the practice of any profession 25 licensed, registered, or certified under this chapter. 26 (m) Soliciting patients or clients personally, or 27 through an agent, through the use of fraud, intimidation, 28 undue influence, or a form of overreaching or vexatious 29 conduct. 30 (n) Failing to make available to a patient or client, 31 upon written request, copies of tests, reports, or documents 158 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 in the possession or under the control of the licensee, 2 registered intern, or certificateholder which have been 3 prepared for and paid for by the patient or client. 4 (o) Failing to respond within 30 days to a written 5 communication from the department or the board concerning any 6 investigation by the department or the board, or failing to 7 make available any relevant records with respect to any 8 investigation about the licensee's, registered intern's, or 9 certificateholder's conduct or background. 10 (p) Being unable to practice the profession for which 11 he or she is licensed, registered, or certified under this 12 chapter with reasonable skill or competence as a result of any 13 mental or physical condition or by reason of illness; 14 drunkenness; or excessive use of drugs, narcotics, chemicals, 15 or any other substance. In enforcing this paragraph, upon a 16 finding by the secretary, the secretary's designee, or the 17 board that probable cause exists to believe that the licensee, 18 registered intern, or certificateholder is unable to practice 19 the profession because of the reasons stated in this 20 paragraph, the department shall have the authority to compel a 21 licensee, registered intern, or certificateholder to submit to 22 a mental or physical examination by psychologists, physicians, 23 or other licensees under this chapter, designated by the 24 department or board. If the licensee, registered intern, or 25 certificateholder refuses to comply with such order, the 26 department's order directing the examination may be enforced 27 by filing a petition for enforcement in the circuit court in 28 the circuit in which the licensee, registered intern, or 29 certificateholder resides or does business. The licensee, 30 registered intern, or certificateholder against whom the 31 petition is filed shall not be named or identified by initials 159 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 in any public court records or documents, and the proceedings 2 shall be closed to the public. The department shall be 3 entitled to the summary procedure provided in s. 51.011. A 4 licensee, registered intern, or certificateholder affected 5 under this paragraph shall at reasonable intervals be afforded 6 an opportunity to demonstrate that he or she can resume the 7 competent practice for which he or she is licensed, 8 registered, or certified with reasonable skill and safety to 9 patients. 10 (q) Violating provisions of this chapter, or of 11 chapter 456, or any rules adopted pursuant thereto. 12 (q)(r) Performing any treatment or prescribing any 13 therapy which, by the prevailing standards of the mental 14 health professions in the community, would constitute 15 experimentation on human subjects, without first obtaining 16 full, informed, and written consent. 17 (r)(s) Failing to meet the minimum standards of 18 performance in professional activities when measured against 19 generally prevailing peer performance, including the 20 undertaking of activities for which the licensee, registered 21 intern, or certificateholder is not qualified by training or 22 experience. 23 (s)(t) Delegating professional responsibilities to a 24 person whom the licensee, registered intern, or 25 certificateholder knows or has reason to know is not qualified 26 by training or experience to perform such responsibilities. 27 (t)(u) Violating a rule relating to the regulation of 28 the profession or a lawful order of the department or the 29 board previously entered in a disciplinary hearing. 30 (u)(v) Failure of the licensee, registered intern, or 31 certificateholder to maintain in confidence a communication 160 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 made by a patient or client in the context of such services, 2 except as provided in s. 491.0147. 3 (v)(w) Making public statements which are derived from 4 test data, client contacts, or behavioral research and which 5 identify or damage research subjects or clients. 6 (w) Violating any provision of this chapter or chapter 7 456, or any rules adopted pursuant thereto. 8 (2) The department, or in the case of psychologists, 9 the board, may enter an order denying licensure or imposing 10 any of the penalties in s. 456.072(2) against any applicant 11 for licensure or licensee who is found guilty of violating any 12 provision of subsection (1) of this section or who is found 13 guilty of violating any provision of s. 456.072(1). 14 Section 52. Subsection (3) of section 456.065, Florida 15 Statutes, is amended to read: 16 456.065 Unlicensed practice of a health care 17 profession; intent; cease and desist notice; penalties; 18 enforcement; citations; fees; allocation and disposition of 19 moneys collected.-- 20 (3) Because all enforcement costs should be covered by 21 professions regulated by the department, the department shall 22 impose, upon initial licensure and each licensure renewal, a 23 special fee of $5 per licensee to fund efforts to combat 24 unlicensed activity. Such fee shall be in addition to all 25 other fees collected from each licensee. The board, with 26 concurrence of the department, or the department when there is 27 no board, may earmark $5 of the current licensure fee for this 28 purpose, if such board, or profession regulated by the 29 department, is not in a deficit and has a reasonable cash 30 balance. The department shall make direct charges to the 31 Medical Quality Assurance Trust Fund by profession. The 161 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 department shall seek board advice regarding enforcement 2 methods and strategies. The department shall directly credit 3 the Medical Quality Assurance Trust Fund, by profession, with 4 the revenues received from the department's efforts to enforce 5 licensure provisions. The department shall include all 6 financial and statistical data resulting from unlicensed 7 activity enforcement as a separate category in the quarterly 8 management report provided for in s. 456.025. For an 9 unlicensed activity account, a balance which remains at the 10 end of a renewal cycle may, with concurrence of the applicable 11 board and the department, be transferred to the operating fund 12 account of that profession. The department shall also use 13 these funds to inform and educate consumers generally on the 14 importance of using licensed health care practitioners. 15 Section 53. Subsection (1) of section 456.074, Florida 16 Statutes, is amended to read: 17 456.074 Certain health care practitioners; immediate 18 suspension of license.-- 19 (1) The department shall issue an emergency order 20 suspending the license of any person licensed under chapter 21 458, chapter 459, chapter 460, chapter 461, chapter 462, 22 chapter 463, chapter 464, chapter 465, chapter 466, or chapter 23 484 who pleads guilty to, is convicted or found guilty of, or 24 who enters a plea of nolo contendere to, regardless of 25 adjudication, a felony under chapter 409, chapter 817, or 26 chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. 27 ss. 1395-1396. 28 Section 54. Effective July 1, 2003, section 464.005, 29 Florida Statutes, is amended to read: 30 464.005 Board headquarters.--The board shall maintain 31 its official headquarters in Tallahassee the city in which it 162 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 has been domiciled for the past 5 years. 2 Section 55. Except as otherwise expressly provided in 3 this act, this act shall take effect July 1, 2001. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 1, line 2 through page 4, line 25, 9 remove from the title of the bill: all of said lines 10 11 and insert in lieu thereof: 12 An act relating to health care practitioner 13 regulation; providing legislative intent and 14 findings with respect to the Medical Quality 15 Assurance Trust Fund and function administered 16 by the Department of Health; requiring the 17 Auditor General to do a followup Medical 18 Quality Assurance audit and issue a report to 19 the Legislature; requiring the Office of 20 Program Policy Analysis and Government 21 Accountability to study the feasibility of 22 maintaining the Medical Quality Assurance 23 function within a single department and issue a 24 report to the Legislature; amending s. 456.004, 25 F.S.; providing requirements for rules relating 26 to biennial renewal of licenses; amending s. 27 456.025, F.S.; revising requirements relating 28 to the setting and use of fees for the 29 regulation of health care professions and 30 practitioners, including continuing education 31 fees; providing for an electronic continuing 163 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 education tracking system; repealing s. 2 458.31151, F.S.; relating to development of the 3 examination for foreign-trained physicians and 4 the fees therefor; amending s. 457.107, F.S.; 5 for clarification of acupuncture fees; amending 6 s. 483.807, F.S.; relating to clinical 7 laboratory personnel fees; amending s. 456.011, 8 F.S.; requiring board meetings to be conducted 9 through teleconferencing or other technological 10 means except under certain circumstances; 11 amending s. 456.013, F.S.; requiring the 12 department to charge initial license fees; 13 amending s. 456.017, F.S.; providing for 14 administration of national examinations and 15 termination of state-administered written 16 examinations; providing for administration of 17 state-administered practical or clinical 18 examinations if paid for in advance by the 19 examination candidates; providing legislative 20 intent with respect to the use of national 21 examinations and the removal of 22 state-administered examinations as a barrier to 23 licensure; providing for electronic access to 24 and posting of examination scores under certain 25 conditions; providing for the sharing of 26 examinations or examination item banks with 27 certain entities; clarifying circumstances 28 under which candidates may bring a challenge; 29 providing for electronic administration of 30 certain laws and rules examinations; amending 31 s. 456.035, F.S.; providing for electronic 164 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531
HOUSE AMENDMENT Bill No. HB 1867 Amendment No. 1 (for drafter's use only) 1 notification of a licensee's current mailing 2 address and place of practice; amending s. 3 456.073, F.S.; authorizing a letter of guidance 4 in lieu of a finding of probable cause under 5 certain conditions; amending s. 456.081, F.S.; 6 providing for the posting of newsletters on the 7 department's website; amending s. 456.072, 8 F.S.; revising and providing grounds for 9 discipline of licensees; revising and providing 10 disciplinary actions; amending s. 456.079, 11 F.S.; requiring mitigating or aggravating 12 circumstances to be in the final order to be 13 considered in the imposition of penalties; 14 amending ss. 457.109, 458.320, 458.331, 15 458.345, 458.347, 459.0085, 459.015, 459.022, 16 460.413, 461.013, 462.14, 463.016, 464.018, 17 465.008, 465.016, 466.028, 466.037, 467.203, 18 468.1295, 468.1755, 468.217, 468.365, 468.518, 19 468.719, 468.811, 478.52, 480.046, 483.825, 20 483.901, 484.014, 484.056, 486.125, 490.009, 21 and 491.009, F.S.; revising and conforming 22 provisions relating to disciplinary grounds and 23 penalties; amending s. 456.065, F.S.; requiring 24 the unlicensed activity fee to be in addition 25 to all other fees collected from each licensee; 26 amending s. 456.074, F.S.; providing for 27 immediate suspension of license for convictions 28 relating to fraudulent practices; amending s. 29 464.005, F.S.; providing for future relocation 30 of the headquarters of the Board of Nursing; 31 providing effective dates. 165 File original & 9 copies 04/20/01 hhr0003 12:28 pm 01867-hcc -183531