HOUSE AMENDMENT
Bill No. HB 1867
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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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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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.--
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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,
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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)
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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
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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,
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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
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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
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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
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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.--
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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
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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.
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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
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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
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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,
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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:
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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
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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
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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
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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.
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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:
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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
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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
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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
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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
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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
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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