HOUSE AMENDMENT
                                        Bill No. HB 1867, 1st Eng.
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Farkas offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
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
                                  1
    File original & 9 copies    05/01/01                          
    hcs0005                     11:09 pm         01867-0052-390469

HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 contract between the Department of 6 Health and the Agency for Health Care Administration pursuant 7 to section 20.43(3), Florida Statutes, is not subject to the 8 provisions of section 216.346, Florida Statutes. The 9 Department of Health shall reimburse the Agency for Health 10 Care Administration for the agency's actual direct costs and 11 the agency's indirect costs incurred as a result of the 12 contract, subject to appropriated funds. The agency shall 13 provide to the department documentation, explanation, and 14 justification of all direct and indirect costs incurred, by 15 budget entity. 16 Section 4. The Office of Program Policy Analysis and 17 Government Accountability shall study the feasibility of 18 maintaining the entire Medical Quality Assurance function, 19 including enforcement, within a single department. The study 20 shall be completed and a report issued to the President of the 21 Senate and the Speaker of the House of Representatives no 22 later than November 30, 2001. 23 Section 5. Subsection (1) of section 456.004, Florida 24 Statutes, is amended, and subsection (10) is added to that 25 section, to read: 26 456.004 Department; powers and duties.--The 27 department, for the professions under its jurisdiction, shall: 28 (1) Adopt rules establishing a procedure for the 29 biennial renewal of licenses; however, the department may 30 issue up to a 4-year license to selected licensees 31 notwithstanding any other provisions of law to the contrary. 2 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 The rules shall specify the expiration dates of licenses and 2 the process for tracking compliance with continuing education 3 requirements, financial responsibility requirements, and any 4 other conditions of renewal set forth in statute or rule. Fees 5 for such renewal shall not exceed the fee caps for individual 6 professions on an annualized basis as authorized by law. 7 (10) Set an examination fee that includes all costs to 8 develop, purchase, validate, administer, and defend the 9 examination and is an amount certain to cover all 10 administrative costs plus the actual per-applicant cost of the 11 examination. 12 Section 6. Section 456.025, Florida Statutes, is 13 amended to read: 14 456.025 Fees; receipts; disposition.-- 15 (1) It is the intent of the Legislature that all costs 16 of regulating health care professions and practitioners shall 17 be borne solely by licensees and licensure applicants. It is 18 also the intent of the Legislature that fees should be 19 reasonable and not serve as a barrier to licensure. Moreover, 20 it is the intent of the Legislature that the department 21 operate as efficiently as possible and regularly report to the 22 Legislature additional methods to streamline operational 23 costs. Therefore, the boards in consultation with the 24 department, or the department if there is no board, shall, by 25 rule, set renewal fees which: 26 (a) Shall be based on revenue projections prepared 27 using generally accepted accounting procedures; 28 (b) Shall be adequate to cover all expenses relating 29 to that board identified in the department's long-range policy 30 plan, as required by s. 456.005; 31 (c) Shall be reasonable, fair, and not serve as a 3 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 barrier to licensure; 2 (d) Shall be based on potential earnings from working 3 under the scope of the license; 4 (e) Shall be similar to fees imposed on similar 5 licensure types; 6 (f) Shall not be more than 10 percent greater than the 7 fee imposed for the previous biennium; 8 (g) Shall not be more than 10 percent greater than the 9 actual cost to regulate that profession for the previous 10 biennium; and 11 (h) Shall be subject to challenge pursuant to chapter 12 120. 13 (2) The chairpersons of the boards and councils listed 14 in s. 20.43(3)(g) shall meet annually at division headquarters 15 to review the long-range policy plan required by s. 456.005 16 and current and proposed fee schedules. The chairpersons 17 shall make recommendations for any necessary statutory changes 18 relating to fees and fee caps. Such recommendations shall be 19 compiled by the Department of Health and be included in the 20 annual report to the Legislature required by s. 456.026 as 21 well as be included in the long-range policy plan required by 22 s. 456.005. 23 (2)(1) Each board within the jurisdiction of the 24 department, or the department when there is no board, shall 25 determine by rule the amount of license fees for the 26 profession it regulates, based upon long-range estimates 27 prepared by the department of the revenue required to 28 implement laws relating to the regulation of professions by 29 the department and the board. Each board, or the department 30 if there is no board, shall ensure that license fees are 31 adequate to cover all anticipated costs and to maintain a 4 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 reasonable cash balance, as determined by rule of the agency, 2 with advice of the applicable board. If sufficient action is 3 not taken by a board within 1 year after notification by the 4 department that license fees are projected to be inadequate, 5 the department shall set license fees on behalf of the 6 applicable board to cover anticipated costs and to maintain 7 the required cash balance. The department shall include 8 recommended fee cap increases in its annual report to the 9 Legislature. Further, it is the legislative intent that no 10 regulated profession operate with a negative cash balance. The 11 department may provide by rule for advancing sufficient funds 12 to any profession operating with a negative cash balance. The 13 advancement may be for a period not to exceed 2 consecutive 14 years, and the regulated profession must pay interest. 15 Interest shall be calculated at the current rate earned on 16 investments of a trust fund used by the department to 17 implement this chapter. Interest earned shall be allocated to 18 the various funds in accordance with the allocation of 19 investment earnings during the period of the advance. 20 (3)(2) Each board, or the department if there is no 21 board, may charge a fee not to exceed $25, as determined by 22 rule, for the issuance of a wall certificate pursuant to s. 23 456.013(2) requested by a licensee who was licensed prior to 24 July 1, 1998, or for the issuance of a duplicate wall 25 certificate requested by any licensee. 26 (4)(3) Each board, or the department if there is no 27 board, may, by rule, assess and collect a one-time fee from 28 each active status licensee and each inactive status licensee 29 in an amount necessary to eliminate a cash deficit or, if 30 there is not a cash deficit, in an amount sufficient to 31 maintain the financial integrity of the professions as 5 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 required in this section. Not more than one such assessment 2 may be made in any 4-year period without specific legislative 3 authorization. 4 (5) If the cash balance of the trust fund at the end 5 of any fiscal year exceeds the total appropriation provided 6 for the regulation of the health care professions in the prior 7 fiscal year, the boards, in consultation with the department, 8 may lower the license renewal fees. 9 (6)(4) Each board authorized to approve continuing 10 education providers, or the department if there is no board, 11 shall may establish, by rule, a fee not to exceed $250 for 12 anyone seeking approval to provide continuing education 13 courses or programs and shall may establish by rule a biennial 14 renewal fee not to exceed $250 for the renewal of providership 15 of such courses. The fees collected from continuing education 16 providers shall be used for the purposes of reviewing course 17 provider applications, monitoring the integrity of the courses 18 provided, covering legal expenses incurred as a result of not 19 granting or renewing a providership, and developing and 20 maintaining an electronic continuing education tracking 21 system. The department shall implement an electronic 22 continuing education tracking system for each new biennial 23 renewal cycle for which electronic renewals are implemented 24 after the effective date of this act and shall integrate such 25 system into the licensure and renewal system. All approved 26 continuing education providers shall provide information on 27 course attendance to the department necessary to implement the 28 electronic tracking system. The department shall, by rule, 29 specify the form and procedures by which the information is to 30 be submitted. This subsection does not apply to continuing 31 education courses or providers approved by the board under 6 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 chapter 465. 2 (7)(5) All moneys collected by the department from 3 fees or fines or from costs awarded to the agency by a court 4 shall be paid into a trust fund used by the department to 5 implement this chapter. The Legislature shall appropriate 6 funds from this trust fund sufficient to carry out this 7 chapter and the provisions of law with respect to professions 8 regulated by the Division of Medical Quality Assurance within 9 the department and the boards. The department may contract 10 with public and private entities to receive and deposit 11 revenue pursuant to this section. The department shall 12 maintain separate accounts in the trust fund used by the 13 department to implement this chapter for every profession 14 within the department. To the maximum extent possible, the 15 department shall directly charge all expenses to the account 16 of each regulated profession. For the purpose of this 17 subsection, direct charge expenses include, but are not 18 limited to, costs for investigations, examinations, and legal 19 services. For expenses that cannot be charged directly, the 20 department shall provide for the proportionate allocation 21 among the accounts of expenses incurred by the department in 22 the performance of its duties with respect to each regulated 23 profession. The regulation by the department of professions, 24 as defined in this chapter, shall be financed solely from 25 revenue collected by it from fees and other charges and 26 deposited in the Medical Quality Assurance Trust Fund, and all 27 such revenue is hereby appropriated to the department. 28 However, it is legislative intent that each profession shall 29 operate within its anticipated fees. The department may not 30 expend funds from the account of a profession to pay for the 31 expenses incurred on behalf of another profession, except that 7 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the Board of Nursing must pay for any costs incurred in the 2 regulation of certified nursing assistants. The department 3 shall maintain adequate records to support its allocation of 4 agency expenses. The department shall provide any board with 5 reasonable access to these records upon request. On or before 6 October 1 of each year, the department shall provide each 7 board an annual report of revenue and direct and allocated 8 expenses related to the operation of that profession. The 9 board shall use these reports and the department's adopted 10 long-range plan to determine the amount of license fees. A 11 condensed version of this information, with the department's 12 recommendations, shall be included in the annual report to the 13 Legislature prepared under s. 456.026. 14 (8)(6) The department shall provide a condensed 15 management report of budgets, finances, performance 16 statistics, and recommendations to each board at least once a 17 quarter. The department shall identify and include in such 18 presentations any changes, or projected changes, made to the 19 board's budget since the last presentation. 20 (9)(7) If a duplicate license is required or requested 21 by the licensee, the board or, if there is no board, the 22 department may charge a fee as determined by rule not to 23 exceed $25 before issuance of the duplicate license. 24 (10)(8) The department or the appropriate board shall 25 charge a fee not to exceed $25 for the certification of a 26 public record. The fee shall be determined by rule of the 27 department. The department or the appropriate board shall 28 assess a fee for duplicating a public record as provided in s. 29 119.07(1)(a) and (b). 30 Section 7. Subsection (1) of section 457.107, Florida 31 Statutes, is amended to read: 8 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 457.107 Renewal of licenses; continuing education.-- 2 (1) The department shall renew a license upon receipt 3 of the renewal application and the required fee set by the 4 board by rule, not to exceed $500. 5 Section 8. Section 458.31151, Florida Statutes, is 6 repealed. 7 Section 9. Subsection (1) of section 483.807, Florida 8 Statutes, is amended to read: 9 483.807 Fees; establishment; disposition.-- 10 (1) The board, by rule, shall establish fees to be 11 paid for application, examination, reexamination, licensing 12 and renewal, registration, laboratory training program 13 application, reinstatement, and recordmaking and 14 recordkeeping. The board may also establish, by rule, a 15 delinquency fee. The board shall establish fees that are 16 adequate to ensure the continued operation of the board and to 17 fund the proportionate expenses incurred by the department in 18 carrying out its licensure and other related responsibilities 19 under this part. Fees shall be based on departmental estimates 20 of the revenue required to implement this part and the 21 provisions of law with respect to the regulation of clinical 22 laboratory personnel. 23 Section 10. Subsections (1), (3), and (4) of section 24 456.011, Florida Statutes, are amended to read: 25 456.011 Boards; organization; meetings; compensation 26 and travel expenses.-- 27 (1) Each board within the department shall comply with 28 the provisions of this chapter section. 29 (3) The board shall meet at least once annually and 30 may meet as often as is necessary. Meetings shall be conducted 31 through teleconferencing or other technological means, unless 9 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 disciplinary hearings involving standard of care, sexual 2 misconduct, fraud, impairment, or felony convictions; 3 licensure denial hearings; or controversial rule hearings are 4 being conducted; or unless otherwise approved in advance of 5 the meeting by the director of the Division of Medical Quality 6 Assurance. The chairperson or a quorum of the board shall have 7 the authority to call other meetings, except as provided above 8 relating to in-person meetings. A quorum shall be necessary 9 for the conduct of official business by the board or any 10 committee thereof. Unless otherwise provided by law, 51 11 percent or more of the appointed members of the board or any 12 committee, when applicable, shall constitute a quorum. The 13 membership of committees of the board, except as otherwise 14 authorized pursuant to this chapter or the applicable practice 15 act, shall be composed of currently appointed members of the 16 board. The vote of a majority of the members of the quorum 17 shall be necessary for any official action by the board or 18 committee. Three consecutive unexcused absences or absences 19 constituting 50 percent or more of the board's meetings within 20 any 12-month period shall cause the board membership of the 21 member in question to become void, and the position shall be 22 considered vacant. The board, or the department when there is 23 no board, shall, by rule, define unexcused absences. 24 (4) Unless otherwise provided by law, a board member 25 or former board member serving on a probable cause panel shall 26 be compensated $50 for each day in attendance at an official 27 meeting of the board and for each day of participation in any 28 other business involving the board. Each board shall adopt 29 rules defining the phrase "other business involving the 30 board," but the phrase may not routinely be defined to include 31 telephone conference calls that last less than 4 hours. A 10 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 board member also shall be entitled to reimbursement for 2 expenses pursuant to s. 112.061. Travel out of state shall 3 require the prior approval of the secretary. 4 Section 11. Subsection (2) of section 456.013, Florida 5 Statutes, is amended to read: 6 456.013 Department; general licensing provisions.-- 7 (2) Before the issuance of any license, the department 8 shall may charge an initial license fee as determined by rule 9 of the applicable board or, if no such board exists, by rule 10 of the department. Upon receipt of the appropriate license 11 fee, the department shall issue a license to any person 12 certified by the appropriate board, or its designee, as having 13 met the licensure requirements imposed by law or rule. The 14 license shall consist of a wallet-size identification card and 15 a wall card measuring 6 1/2 inches by 5 inches. In addition 16 to the two-part license, the department, at the time of 17 initial licensure, shall issue a wall certificate suitable for 18 conspicuous display, which shall be no smaller than 8 1/2 19 inches by 14 inches. The licensee shall surrender to the 20 department the wallet-size identification card, the wall card, 21 and the wall certificate, if one has been issued by the 22 department, if the licensee's license is revoked. 23 Section 12. Section 456.017, Florida Statutes, is 24 amended to read: 25 456.017 Department of Health; examinations.-- 26 (1)(a) The department shall provide, contract, or 27 approve services for the development, preparation, 28 administration, scoring, score reporting, and evaluation of 29 all examinations, in consultation with the appropriate board. 30 The department shall certify that examinations developed and 31 approved by the department adequately and reliably measure an 11 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 applicant's ability to practice the profession regulated by 2 the department. After an examination developed or approved by 3 the department has been administered, the board, or the 4 department when there is no board, may reject any question 5 which does not reliably measure the general areas of 6 competency specified in the rules of the board. The department 7 may contract for the preparation, administration, scoring, 8 score reporting, and evaluation of examinations, when such 9 services are available and approved by the board. 10 (b) For each examination developed by the department 11 or contracted vendor, to the extent not otherwise specified by 12 statute, the board, or the department when there is no board, 13 shall by rule specify the general areas of competency to be 14 covered by each examination, the relative weight to be 15 assigned in grading each area tested, and the score necessary 16 to achieve a passing grade. The department shall assess, and 17 fees, where applicable, to cover the actual cost for any 18 purchase, development, validation, and administration, and 19 defense of required examinations. This subsection does not 20 apply to national examinations approved and administered 21 pursuant to paragraph (c). If a practical examination is 22 deemed to be necessary, the rules shall specify the criteria 23 by which examiners are to be selected, the grading criteria to 24 be used by the examiner, the relative weight to be assigned in 25 grading each criterion, and the score necessary to achieve a 26 passing grade. When a mandatory standardization exercise for a 27 practical examination is required by law, the board, or the 28 department when there is no board, may conduct such exercise. 29 Therefore, board members, or employees of the department when 30 there is no board, may serve as examiners at a practical 31 examination with the consent of the board or department, as 12 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 appropriate. 2 (c)1. The board, or the department when there is no 3 board, shall may approve by rule the use of one or more any 4 national examinations examination which the department has 5 certified as meeting requirements of national examinations and 6 generally accepted testing standards pursuant to department 7 rules. Providers of examinations seeking certification by the 8 department shall pay the actual costs incurred by the 9 department in making a determination regarding the 10 certification. The name and number of a candidate may be 11 provided to a national contractor for the limited purpose of 12 preparing the grade tape and information to be returned to the 13 board or department; or, to the extent otherwise specified by 14 rule, the candidate may apply directly to the vendor of the 15 national examination and supply test score information to the 16 department. The department may delegate to the board the duty 17 to provide and administer the examination. Any national 18 examination approved by a board, or the department when there 19 is no board, prior to October 1, 1997, is deemed certified 20 under this paragraph. 21 2. The board, or the department when there is no 22 board, shall approve and begin administering a national 23 examination no later than December 31, 2001. Neither the board 24 nor the department may administer a state-developed written 25 examination after December 31, 2001, notwithstanding any other 26 provision of law. The examination may be administered 27 electronically if adequate security measures are used, as 28 determined by rule of the department. 29 3. The board, or the department when there is no 30 board, may administer a state-developed practical or clinical 31 examination, as required by the applicable practice act, if 13 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 all costs of development, purchase, validation, 2 administration, review, and defense are paid by the 3 examination candidate prior to the administration of the 4 examination. If a national practical or clinical examination 5 is available and certified by the department pursuant to this 6 section, the board, or the department when there is no board, 7 may administer the national examination. 8 4. It is the intent of the Legislature to reduce the 9 costs associated with state examinations and to encourage the 10 use of national examinations whenever possible. 11 (d) Each board, or the department when there is no 12 board, shall adopt rules regarding the security and monitoring 13 of examinations. The department shall implement those rules 14 adopted by the respective boards. In order to maintain the 15 security of examinations, the department may employ the 16 procedures set forth in s. 456.065 to seek fines and 17 injunctive relief against an examinee who violates the 18 provisions of s. 456.018 or the rules adopted pursuant to this 19 paragraph. The department, or any agent thereof, may, for the 20 purposes of investigation, confiscate any written, 21 photographic, or recording material or device in the 22 possession of the examinee at the examination site which the 23 department deems necessary to enforce such provisions or 24 rules. The scores of candidates who have taken state-developed 25 examinations shall be provided to the candidates 26 electronically using a candidate identification number, and 27 the department shall post the aggregate scores on the 28 department's website without identifying the names of the 29 candidates. 30 (e) If the professional board with jurisdiction over 31 an examination concurs, the department may, for a fee, share 14 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 with any other state's licensing authority or a national 2 testing entity an examination or examination item bank 3 developed by or for the department unless prohibited by a 4 contract entered into by the department for development or 5 purchase of the examination. The department, with the 6 concurrence of the appropriate board, shall establish 7 guidelines that ensure security of a shared exam and shall 8 require that any other state's licensing authority comply with 9 those guidelines. Those guidelines shall be approved by the 10 appropriate professional board. All fees paid by the user 11 shall be applied to the department's examination and 12 development program for professions regulated by this chapter. 13 (f) The department may adopt rules necessary to 14 administer this subsection. 15 (2) For each examination developed by the department 16 or a contracted vendor, the board, or the department when 17 there is no board, shall adopt rules providing for 18 reexamination of any applicants who failed an examination 19 developed by the department or a contracted vendor. If both a 20 written and a practical examination are given, an applicant 21 shall be required to retake only the portion of the 22 examination on which the applicant failed to achieve a passing 23 grade, if the applicant successfully passes that portion 24 within a reasonable time, as determined by rule of the board, 25 or the department when there is no board, of passing the other 26 portion. Except for national examinations approved and 27 administered pursuant to this section, the department shall 28 provide procedures for applicants who fail an examination 29 developed by the department or a contracted vendor to review 30 their examination questions, answers, papers, grades, and 31 grading key for the questions the candidate answered 15 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 incorrectly or, if not feasible, the parts of the examination 2 failed. Applicants shall bear the actual cost for the 3 department to provide examination review pursuant to this 4 subsection. An applicant may waive in writing the 5 confidentiality of the applicant's examination grades. 6 Notwithstanding any other provision of law, only candidates 7 who fail an examination by less than 10 percent shall be 8 entitled to challenge the validity of the examination at 9 hearing. 10 (3) For each examination developed or administered by 11 the department or a contracted vendor, an accurate record of 12 each applicant's examination questions, answers, papers, 13 grades, and grading key shall be kept for a period of not less 14 than 2 years immediately following the examination, and such 15 record shall thereafter be maintained or destroyed as provided 16 in chapters 119 and 257. This subsection does not apply to 17 national examinations approved and administered pursuant to 18 this section. 19 (4) Meetings of any member of the department or of any 20 board within the department held for the exclusive purpose of 21 creating or reviewing licensure examination questions or 22 proposed examination questions are exempt from the provisions 23 of s. 286.011 and s. 24(b), Art. I of the State Constitution. 24 Any public records, such as tape recordings, minutes, or 25 notes, generated during or as a result of such meetings are 26 confidential and exempt from the provisions of s. 119.07(1) 27 and s. 24(a), Art. I of the State Constitution. However, these 28 exemptions shall not affect the right of any person to review 29 an examination as provided in subsection (2). 30 (5) For examinations developed by the department or a 31 contracted vendor, each board, or the department when there is 16 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 no board, may provide licensure examinations in an applicant's 2 native language. Notwithstanding any other provision of law, 3 applicants for examination or reexamination pursuant to this 4 subsection shall bear the full cost for the department's 5 development, preparation, validation, administration, grading, 6 and evaluation of any examination in a language other than 7 English prior to the examination being administered. Requests 8 for translated examinations must be on file in the board 9 office at least 6 months prior to the scheduled examination. 10 When determining whether it is in the public interest to allow 11 the examination to be translated into a language other than 12 English, the board shall consider the percentage of the 13 population who speak the applicant's native language. 14 Applicants must apply for translation to the applicable board 15 at least 6 months prior to the scheduled examination. 16 (6) In addition to meeting any other requirements for 17 licensure by examination or by endorsement, and 18 notwithstanding the provisions in paragraph (1)(c), an 19 applicant may be required by a board, or the department when 20 there is no board, to certify competency in state laws and 21 rules relating to the applicable practice act. Beginning 22 October 1, 2001, all laws and rules examinations shall be 23 administered electronically unless the laws and rules 24 examination is administered concurrently with another written 25 examination for that profession or unless the electronic 26 administration would be substantially more expensive. 27 Section 13. Subsection (1) of section 456.035, Florida 28 Statutes, is amended to read: 29 456.035 Address of record.-- 30 (1) Each licensee of the department is solely 31 responsible for notifying the department in writing of the 17 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 licensee's current mailing address and place of practice, as 2 defined by rule of the board or the department if there is no 3 board. Electronic notification shall be allowed by the 4 department; however, it shall be the responsibility of the 5 licensee to ensure that the electronic notification was 6 received by the department. A licensee's failure to notify the 7 department of a change of address constitutes a violation of 8 this section, and the licensee may be disciplined by the board 9 or the department if there is no board. 10 Section 14. Subsections (2), (4), and (10) of section 11 456.073, Florida Statutes, are amended to read: 12 456.073 Disciplinary proceedings.--Disciplinary 13 proceedings for each board shall be within the jurisdiction of 14 the department. 15 (2) The department shall allocate sufficient and 16 adequately trained staff to expeditiously and thoroughly 17 determine legal sufficiency and investigate all legally 18 sufficient complaints. For purposes of this section, it is the 19 intent of the Legislature that the term "expeditiously" means 20 that the department complete the report of its initial 21 investigative findings and recommendations concerning the 22 existence of probable cause within 6 months after its receipt 23 of the complaint. The failure of the department, for 24 disciplinary cases under its jurisdiction, to comply with the 25 time limits of this section while investigating a complaint 26 against a licensee constitutes harmless error in any 27 subsequent disciplinary action unless a court finds that 28 either the fairness of the proceeding or the correctness of 29 the action may have been impaired by a material error in 30 procedure or a failure to follow prescribed procedure. When 31 its investigation is complete and legally sufficient, the 18 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 department shall prepare and submit to the probable cause 2 panel of the appropriate regulatory board the investigative 3 report of the department. The report shall contain the 4 investigative findings and the recommendations of the 5 department concerning the existence of probable cause. The 6 department shall not recommend a letter of guidance in lieu of 7 finding probable cause if the subject has already been issued 8 a letter of guidance for a related offense. At any time after 9 legal sufficiency is found, the department may dismiss any 10 case, or any part thereof, if the department determines that 11 there is insufficient evidence to support the prosecution of 12 allegations contained therein. The department shall provide a 13 detailed report to the appropriate probable cause panel prior 14 to dismissal of any case or part thereof, and to the subject 15 of the complaint after dismissal of any case or part thereof, 16 under this section. For cases dismissed prior to a finding of 17 probable cause, such report is confidential and exempt from s. 18 119.07(1). The probable cause panel shall have access, upon 19 request, to the investigative files pertaining to a case prior 20 to dismissal of such case. If the department dismisses a case, 21 the probable cause panel may retain independent legal counsel, 22 employ investigators, and continue the investigation and 23 prosecution of the case as it deems necessary. 24 (4) The determination as to whether probable cause 25 exists shall be made by majority vote of a probable cause 26 panel of the board, or by the department, as appropriate. Each 27 regulatory board shall provide by rule that the determination 28 of probable cause shall be made by a panel of its members or 29 by the department. Each board may provide by rule for multiple 30 probable cause panels composed of at least two members. Each 31 board may provide by rule that one or more members of the 19 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 panel or panels may be a former board member. The length of 2 term or repetition of service of any such former board member 3 on a probable cause panel may vary according to the direction 4 of the board when authorized by board rule. Any probable cause 5 panel must include one of the board's former or present 6 consumer members, if one is available, is willing to serve, 7 and is authorized to do so by the board chair. Any probable 8 cause panel must include a present board member. Any probable 9 cause panel must include a former or present professional 10 board member. However, any former professional board member 11 serving on the probable cause panel must hold an active valid 12 license for that profession. All proceedings of the panel are 13 exempt from s. 286.011 until 10 days after probable cause has 14 been found to exist by the panel or until the subject of the 15 investigation waives his or her privilege of confidentiality. 16 The probable cause panel may make a reasonable request, and 17 upon such request the department shall provide such additional 18 investigative information as is necessary to the determination 19 of probable cause. A request for additional investigative 20 information shall be made within 15 days from the date of 21 receipt by the probable cause panel of the investigative 22 report of the department or the agency. The probable cause 23 panel or the department, as may be appropriate, shall make its 24 determination of probable cause within 30 days after receipt 25 by it of the final investigative report of the department. The 26 secretary may grant extensions of the 15-day and the 30-day 27 time limits. In lieu of a finding of probable cause, the 28 probable cause panel, or the department if there is no board, 29 may issue a letter of guidance to the subject. If, within the 30 30-day time limit, as may be extended, the probable cause 31 panel does not make a determination regarding the existence of 20 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 probable cause or does not issue a letter of guidance in lieu 2 of a finding of probable cause, the department must make a 3 determination regarding the existence of probable cause within 4 10 days after the expiration of the time limit. If the 5 probable cause panel finds that probable cause exists, it 6 shall direct the department to file a formal complaint against 7 the licensee. The department shall follow the directions of 8 the probable cause panel regarding the filing of a formal 9 complaint. If directed to do so, the department shall file a 10 formal complaint against the subject of the investigation and 11 prosecute that complaint pursuant to chapter 120. However, the 12 department may decide not to prosecute the complaint if it 13 finds that probable cause has been improvidently found by the 14 panel. In such cases, the department shall refer the matter to 15 the board. The board may then file a formal complaint and 16 prosecute the complaint pursuant to chapter 120. The 17 department shall also refer to the board any investigation or 18 disciplinary proceeding not before the Division of 19 Administrative Hearings pursuant to chapter 120 or otherwise 20 completed by the department within 1 year after the filing of 21 a complaint. The department, for disciplinary cases under its 22 jurisdiction, must establish a uniform reporting system to 23 quarterly refer to each board the status of any investigation 24 or disciplinary proceeding that is not before the Division of 25 Administrative Hearings or otherwise completed by the 26 department within 1 year after the filing of the complaint. 27 Annually, the department, in consultation with the applicable 28 probable cause panel, if there is no board, or each board must 29 establish a plan to expedite reduce or otherwise close any 30 investigation or disciplinary proceeding that is not before 31 the Division of Administrative Hearings or otherwise completed 21 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 by the department within 1 year after the filing of the 2 complaint. A probable cause panel or a board may retain 3 independent legal counsel, employ investigators, and continue 4 the investigation as it deems necessary; all costs thereof 5 shall be paid from a trust fund used by the department to 6 implement this chapter. All proceedings of the probable cause 7 panel are exempt from s. 120.525. 8 (10) The complaint and all information obtained 9 pursuant to the investigation by the department are 10 confidential and exempt from s. 119.07(1) until 10 days after 11 probable cause has been found to exist by the probable cause 12 panel or by the department, or until the regulated 13 professional or subject of the investigation waives his or her 14 privilege of confidentiality, whichever occurs first. Upon 15 completion of the investigation and a recommendation by the 16 department to find probable cause, and pursuant to a written 17 request by the subject or the subject's attorney, the 18 department shall provide the subject an opportunity to inspect 19 the investigative file or, at the subject's expense, forward 20 to the subject a copy of the investigative file. 21 Notwithstanding s. 456.057, the subject may inspect or receive 22 a copy of any expert witness report or patient record 23 connected with the investigation if the subject agrees in 24 writing to maintain the confidentiality of any information 25 received under this subsection until 10 days after probable 26 cause is found and to maintain the confidentiality of patient 27 records pursuant to s. 456.057. The subject may file a written 28 response to the information contained in the investigative 29 file. Such response must be filed within 20 days of mailing by 30 the department, unless an extension of time has been granted 31 by the department. This subsection does not prohibit the 22 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 department from providing such information to any law 2 enforcement agency or to any other regulatory agency. 3 Section 15. Section 456.081, Florida Statutes, is 4 amended to read: 5 456.081 Publication of information.--The department 6 and the boards shall have the authority to advise licensees 7 periodically, through the publication of a newsletter on the 8 department's website, about information that the department or 9 the board determines is of interest to the industry. Unless 10 otherwise prohibited by law, the department and the boards 11 shall publish a summary of final orders resulting in 12 disciplinary action fines, suspensions, or revocations, and 13 any other information the department or the board determines 14 is of interest to the public. 15 Section 16. Subsection (3) of section 456.079, Florida 16 Statutes, is amended to read: 17 456.079 Disciplinary guidelines.-- 18 (3) A specific finding in the final order of 19 mitigating or aggravating circumstances shall allow the board 20 to impose a penalty other than that provided for in such 21 guidelines. If applicable, the board, or the department if 22 there is no board, shall adopt by rule disciplinary guidelines 23 to designate possible mitigating and aggravating circumstances 24 and the variation and range of penalties permitted for such 25 circumstances. 26 Section 17. Subsections (1) and (2) of section 27 457.109, Florida Statutes, are amended to read: 28 457.109 Disciplinary actions; grounds; 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. 23 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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) Attempting to obtain, obtaining, or renewing a 4 license to practice acupuncture by bribery, by fraudulent 5 misrepresentations, or through an error of the department. 6 (b) Having a license to practice acupuncture revoked, 7 suspended, or otherwise acted against, including the denial of 8 licensure, by the licensing authority of another state, 9 territory, or country. 10 (c) Being convicted or found guilty, regardless of 11 adjudication, in any jurisdiction of a crime which directly 12 relates to the practice of acupuncture or to the ability to 13 practice acupuncture. Any plea of nolo contendere shall be 14 considered a conviction for purposes of this chapter. 15 (d) False, deceptive, or misleading advertising or 16 advertising which claims that acupuncture is useful in curing 17 any disease. 18 (e) Advertising, practicing, or attempting to practice 19 under a name other than one's own. 20 (f) 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 (g) Aiding, assisting, procuring, employing, or 24 advising any unlicensed person to practice acupuncture 25 contrary to this chapter or to a rule of the department. 26 (h) Failing to perform any statutory or legal 27 obligation placed upon a licensed acupuncturist. 28 (i) Making or filing a report which the licensee knows 29 to be false, intentionally or negligently failing to file a 30 report or record required by state or federal law, willfully 31 impeding or obstructing such filing or inducing another person 24 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to do so. Such reports or records shall include only those 2 which are signed in the capacity as a licensed acupuncturist. 3 (j) Exercising influence within a 4 patient-acupuncturist relationship for purposes of engaging a 5 patient in sexual activity. A patient shall be presumed to be 6 incapable of giving free, full, and informed consent to sexual 7 activity with his or her acupuncturist. 8 (k) Making deceptive, untrue, or fraudulent 9 representations in the practice of acupuncture or employing a 10 trick or scheme in the practice of acupuncture when such 11 scheme or trick fails to conform to the generally prevailing 12 standards of treatment in the community. 13 (l) Soliciting patients, either personally or through 14 an agent, through the use of fraud, intimidation, undue 15 influence, or a form of overreaching or vexatious conduct. A 16 solicitation is any communication which directly or implicitly 17 requests an immediate oral response from the recipient. 18 (m) Failing to keep written medical records justifying 19 the course of treatment of the patient. 20 (n) Exercising influence on the patient to exploit the 21 patient for the financial gain of the licensee or of a third 22 party. 23 (o) Being unable to practice acupuncture 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, upon a finding of the 28 secretary or the secretary's designee that probable cause 29 exists to believe that the licensee is unable to serve as an 30 acupuncturist due to the reasons stated in this paragraph, the 31 department shall have the authority to issue an order to 25 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 compel the licensee to submit to a mental or physical 2 examination by a physician designated by the department. If 3 the licensee refuses to comply with such order, the 4 department's order directing such examination may be enforced 5 by filing a petition for enforcement in the circuit court 6 where the licensee resides or serves as an acupuncturist. The 7 licensee against whom the petition is filed shall not be named 8 or identified by initials in any public court record or 9 document, and the proceedings shall be closed to the public. 10 The department shall be entitled to the summary procedure 11 provided in s. 51.011. An acupuncturist affected under this 12 paragraph shall at reasonable intervals be afforded an 13 opportunity to demonstrate that he or she can resume the 14 competent practice of acupuncture with reasonable skill and 15 safety to patients. In any proceeding under this paragraph, 16 neither the record of proceedings nor the orders entered by 17 the department shall be used against an acupuncturist in any 18 other proceeding. 19 (p) Gross or repeated malpractice or the failure to 20 practice acupuncture with that level of care, skill, and 21 treatment which is recognized by a reasonably prudent similar 22 acupuncturist as being acceptable under similar conditions and 23 circumstances. 24 (q) Practicing or offering to practice beyond the 25 scope permitted by law or accepting and performing 26 professional responsibilities which the licensee knows or has 27 reason to know that he or she is not competent to perform. 28 (r) Delegating professional responsibilities to a 29 person when the licensee delegating such responsibilities 30 knows or has reason to know that such person is not qualified 31 by training, experience, or licensure to perform them. 26 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (s) Violating any provision of this chapter, a rule of 2 the department, or a lawful order of the board department 3 previously entered in a disciplinary hearing or failing to 4 comply with a lawfully issued subpoena of the department. 5 (t) Conspiring with another to commit an act, or 6 committing an act, which would tend to coerce, intimidate, or 7 preclude another licensee from lawfully advertising his or her 8 services. 9 (u) Fraud or deceit or gross negligence, incompetence, 10 or misconduct in the operation of a course of study. 11 (v) Failing to comply with state, county, or municipal 12 regulations or reporting requirements relating to public 13 health and the control of contagious and infectious diseases. 14 (w) Failing to comply with any rule of the board 15 relating to health and safety, including, but not limited to, 16 the sterilization of needles and equipment and the disposal of 17 potentially infectious materials. 18 (x) 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 acts 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. 27 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (d) Imposition of an administrative fine not to exceed 2 $1,000 for each count or separate offense. 3 (e) Issuance of a reprimand. 4 (f) Placement of the acupuncturist on probation for a 5 period of time and subject to such conditions as the board may 6 specify. 7 Section 18. Subsection (6) of section 458.320, Florida 8 Statutes, is amended to read: 9 458.320 Financial responsibility.-- 10 (6) Any deceptive, untrue, or fraudulent 11 representation by the licensee with respect to any provision 12 of this section shall result in permanent disqualification 13 from any exemption to mandated financial responsibility as 14 provided in this section and shall constitute grounds for 15 disciplinary action under as specified in s. 458.331. 16 Section 19. Subsections (1) and (2) of section 17 458.331, Florida Statutes, are amended to read: 18 458.331 Grounds for disciplinary action; action by the 19 board and department.-- 20 (1) The following acts shall constitute grounds for 21 denial of a license or disciplinary action, as specified in s. 22 456.072(2) which the disciplinary actions specified in 23 subsection (2) may be taken: 24 (a) Attempting to obtain, obtaining, or renewing a 25 license to practice medicine by bribery, by fraudulent 26 misrepresentations, or through an error of the department or 27 the board. 28 (b) Having a license or the authority to practice 29 medicine revoked, suspended, or otherwise acted against, 30 including the denial of licensure, by the licensing authority 31 of any jurisdiction, including its agencies or subdivisions. 28 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 The licensing authority's acceptance of a physician's 2 relinquishment of a license, stipulation, consent order, or 3 other settlement, offered in response to or in anticipation of 4 the filing of administrative charges against the physician's 5 license, shall be construed as action against the physician's 6 license. 7 (c) Being convicted or found guilty of, or entering a 8 plea of nolo contendere to, regardless of adjudication, a 9 crime in any jurisdiction which directly relates to the 10 practice of medicine or to the ability to practice medicine. 11 (d) False, deceptive, or misleading advertising. 12 (e) Failing to report to the department any person who 13 the licensee knows is in violation of this chapter or of the 14 rules of the department or the board. A treatment provider 15 approved pursuant to s. 456.076 shall provide the department 16 or consultant with information in accordance with the 17 requirements of s. 456.076(3), (4), (5), and (6). 18 (f) Aiding, assisting, procuring, or advising any 19 unlicensed person to practice medicine contrary to this 20 chapter or to a rule of the department or the board. 21 (g) Failing to perform any statutory or legal 22 obligation placed upon a licensed physician. 23 (h) Making or filing a report which the licensee knows 24 to be 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 person 27 to do so. Such reports or records shall include only those 28 which are signed in the capacity as a licensed physician. 29 (i) Paying or receiving any commission, bonus, 30 kickback, or rebate, or engaging in any split-fee arrangement 31 in any form whatsoever with a physician, organization, agency, 29 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 or person, either directly or indirectly, for patients 2 referred to providers of health care goods and services, 3 including, but not limited to, hospitals, nursing homes, 4 clinical laboratories, ambulatory surgical centers, or 5 pharmacies. The provisions of this paragraph shall not be 6 construed to prevent a physician from receiving a fee for 7 professional consultation services. 8 (j) Exercising influence within a patient-physician 9 relationship for purposes of engaging a patient in sexual 10 activity. A patient shall be presumed to be incapable of 11 giving free, full, and informed consent to sexual activity 12 with his or her physician. 13 (k) Making deceptive, untrue, or fraudulent 14 representations in or related to the practice of medicine or 15 employing a trick or scheme in the practice of medicine. 16 (l) Soliciting patients, either personally or through 17 an agent, through the use of fraud, intimidation, undue 18 influence, or a form of overreaching or vexatious conduct. A 19 solicitation is any communication which directly or implicitly 20 requests an immediate oral response from the recipient. 21 (m) Failing to keep legible, as defined by department 22 rule in consultation with the board, medical records that 23 identify the licensed physician or the physician extender and 24 supervising physician by name and professional title who is or 25 are responsible for rendering, ordering, supervising, or 26 billing for each diagnostic or treatment procedure and that 27 justify the course of treatment of the patient, including, but 28 not limited to, patient histories; examination results; test 29 results; records of drugs prescribed, dispensed, or 30 administered; and reports of consultations and 31 hospitalizations. 30 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (n) 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 shall include, but not be limited to, the promoting or selling 5 of services, goods, appliances, or drugs. 6 (o) Promoting or advertising on any prescription form 7 of a community pharmacy unless the form shall also state "This 8 prescription may be filled at any pharmacy of your choice." 9 (p) Performing professional services which have not 10 been duly authorized by the patient or client, or his or her 11 legal representative, except as provided in s. 743.064, s. 12 766.103, or s. 768.13. 13 (q) Prescribing, dispensing, administering, mixing, or 14 otherwise preparing a legend drug, including any controlled 15 substance, other than in the course of the physician's 16 professional practice. For the purposes of this paragraph, it 17 shall be legally presumed that prescribing, dispensing, 18 administering, mixing, or otherwise preparing legend drugs, 19 including all controlled substances, inappropriately or in 20 excessive or inappropriate quantities is not in the best 21 interest of the patient and is not in the course of the 22 physician's professional practice, without regard to his or 23 her intent. 24 (r) Prescribing, dispensing, or administering any 25 medicinal drug appearing on any schedule set forth in chapter 26 893 by the physician to himself or herself, except one 27 prescribed, dispensed, or administered to the physician by 28 another practitioner authorized to prescribe, dispense, or 29 administer medicinal drugs. 30 (s) Being unable to practice medicine with reasonable 31 skill and safety to patients by reason of illness or use of 31 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 alcohol, drugs, narcotics, chemicals, or any other type of 2 material or as a result of any mental or physical condition. 3 In enforcing this paragraph, the department shall have, upon a 4 finding of the secretary or the secretary's designee that 5 probable cause exists to believe that the licensee is unable 6 to practice medicine because of the reasons stated in this 7 paragraph, the authority to issue an order to compel a 8 licensee to submit to a mental or physical examination by 9 physicians designated by the department. If the licensee 10 refuses to comply with such order, the department's order 11 directing such examination may be enforced by filing a 12 petition for enforcement in the circuit court where the 13 licensee resides or does business. The licensee against whom 14 the petition is filed may not be named or identified by 15 initials in any public court records or documents, and the 16 proceedings shall be closed to the public. The department 17 shall be entitled to the summary procedure provided in s. 18 51.011. A licensee or certificateholder affected under this 19 paragraph shall at reasonable intervals be afforded an 20 opportunity to demonstrate that he or she can resume the 21 competent practice of medicine with reasonable skill and 22 safety to patients. 23 (t) Gross or repeated malpractice or the failure to 24 practice medicine with that level of care, skill, and 25 treatment which is recognized by a reasonably prudent similar 26 physician as being acceptable under similar conditions and 27 circumstances. The board shall give great weight to the 28 provisions of s. 766.102 when enforcing this paragraph. As 29 used in this paragraph, "repeated malpractice" includes, but 30 is not limited to, three or more claims for medical 31 malpractice within the previous 5-year period resulting in 32 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 indemnities being paid in excess of $25,000 each to the 2 claimant in a judgment or settlement and which incidents 3 involved negligent conduct by the physician. As used in this 4 paragraph, "gross malpractice" or "the failure to practice 5 medicine with that level of care, skill, and treatment which 6 is recognized by a reasonably prudent similar physician as 7 being acceptable under similar conditions and circumstances," 8 shall not be construed so as to require more than one 9 instance, event, or act. Nothing in this paragraph shall be 10 construed to require that a physician be incompetent to 11 practice medicine in order to be disciplined pursuant to this 12 paragraph. 13 (u) Performing any procedure or prescribing any 14 therapy which, by the prevailing standards of medical practice 15 in the community, would constitute experimentation on a human 16 subject, without first obtaining full, informed, and written 17 consent. 18 (v) Practicing or offering to practice beyond the 19 scope permitted by law or accepting and performing 20 professional responsibilities which the licensee knows or has 21 reason to know that he or she is not competent to perform. The 22 board may establish by rule standards of practice and 23 standards of care for particular practice settings, including, 24 but not limited to, education and training, equipment and 25 supplies, medications including anesthetics, assistance of and 26 delegation to other personnel, transfer agreements, 27 sterilization, records, performance of complex or multiple 28 procedures, informed consent, and policy and procedure 29 manuals. 30 (w) Delegating professional responsibilities to a 31 person when the licensee delegating such responsibilities 33 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 knows or has reason to know that such person is not qualified 2 by training, experience, or licensure to perform them. 3 (x) Violating any provision of this chapter, a rule of 4 the board or department, or a lawful order of the board or 5 department previously entered in a disciplinary hearing or 6 failing to comply with a lawfully issued subpoena of the 7 department. 8 (y) Conspiring with another licensee or with any other 9 person to commit an act, or committing an act, which would 10 tend to coerce, intimidate, or preclude another licensee from 11 lawfully advertising his or her services. 12 (z) Procuring, or aiding or abetting in the procuring 13 of, an unlawful termination of pregnancy. 14 (aa) Presigning blank prescription forms. 15 (bb) Prescribing any medicinal drug appearing on 16 Schedule II in chapter 893 by the physician for office use. 17 (cc) Prescribing, ordering, dispensing, administering, 18 supplying, selling, or giving any drug which is a Schedule II 19 amphetamine or a Schedule II sympathomimetic amine drug or any 20 compound thereof, pursuant to chapter 893, to or for any 21 person except for: 22 1. The treatment of narcolepsy; hyperkinesis; 23 behavioral syndrome characterized by the developmentally 24 inappropriate symptoms of moderate to severe distractability, 25 short attention span, hyperactivity, emotional lability, and 26 impulsivity; or drug-induced brain dysfunction; 27 2. The differential diagnostic psychiatric evaluation 28 of depression or the treatment of depression shown to be 29 refractory to other therapeutic modalities; or 30 3. The clinical investigation of the effects of such 31 drugs or compounds when an investigative protocol therefor is 34 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 submitted to, reviewed, and approved by the board before such 2 investigation is begun. 3 (dd) Failing to supervise adequately the activities of 4 those physician assistants, paramedics, emergency medical 5 technicians, or advanced registered nurse practitioners acting 6 under the supervision of the physician. 7 (ee) Prescribing, ordering, dispensing, administering, 8 supplying, selling, or giving growth hormones, testosterone or 9 its analogs, human chorionic gonadotropin (HCG), or other 10 hormones for the purpose of muscle building or to enhance 11 athletic performance. For the purposes of this subsection, the 12 term "muscle building" does not include the treatment of 13 injured muscle. A prescription written for the drug products 14 listed above may be dispensed by the pharmacist with the 15 presumption that the prescription is for legitimate medical 16 use. 17 (ff) Prescribing, ordering, dispensing, administering, 18 supplying, selling, or giving amygdalin (laetrile) to any 19 person. 20 (gg) Misrepresenting or concealing a material fact at 21 any time during any phase of a licensing or disciplinary 22 process or procedure. 23 (hh) Improperly interfering with an investigation or 24 with any disciplinary proceeding. 25 (ii) Failing to report to the department any licensee 26 under this chapter or under chapter 459 who the physician or 27 physician assistant knows has violated the grounds for 28 disciplinary action set out in the law under which that person 29 is licensed and who provides health care services in a 30 facility licensed under chapter 395, or a health maintenance 31 organization certificated under part I of chapter 641, in 35 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 which the physician or physician assistant also provides 2 services. 3 (jj) Being found by any court in this state to have 4 provided corroborating written medical expert opinion attached 5 to any statutorily required notice of claim or intent or to 6 any statutorily required response rejecting a claim, without 7 reasonable investigation. 8 (kk) Failing to report to the board, in writing, 9 within 30 days if action as defined in paragraph (b) has been 10 taken against one's license to practice medicine in another 11 state, territory, or country. 12 (ll) Advertising or holding oneself out as a 13 board-certified specialist, if not qualified under s. 14 458.3312, in violation of this chapter. 15 (mm) Failing to comply with the requirements of ss. 16 381.026 and 381.0261 to provide patients with information 17 about their patient rights and how to file a patient 18 complaint. 19 (nn) Violating any provision of this chapter or 20 chapter 456, or any rules adopted pursuant thereto. 21 (2) The board may enter an order denying licensure or 22 imposing any of the penalties in s. 456.072(2) against any 23 applicant for licensure or licensee who is found guilty of 24 violating any provision of subsection (1) of this section or 25 who is found guilty of violating any provision of s. 26 456.072(1). When the board finds any person guilty of any of 27 the grounds set forth in subsection (1), including conduct 28 that would constitute a substantial violation of subsection 29 (1) which occurred prior to licensure, it may enter an order 30 imposing one or more of the following penalties: 31 (a) Refusal to certify, or certification with 36 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 restrictions, to the department an application for licensure, 2 certification, or registration. 3 (b) Revocation or suspension of a license. 4 (c) Restriction of practice. 5 (d) Imposition of an administrative fine not to exceed 6 $10,000 for each count or separate offense. 7 (e) Issuance of a reprimand. 8 (f) Placement of the physician on probation for a 9 period of time and subject to such conditions as the board may 10 specify, including, but not limited to, requiring the 11 physician to submit to treatment, to attend continuing 12 education courses, to submit to reexamination, or to work 13 under the supervision of another physician. 14 (g) Issuance of a letter of concern. 15 (h) Corrective action. 16 (i) Refund of fees billed to and collected from the 17 patient. 18 (j) Imposition of an administrative fine in accordance 19 with s. 381.0261 for violations regarding patient rights. 20 21 In determining what action is appropriate, the board must 22 first consider what sanctions are necessary to protect the 23 public or to compensate the patient. Only after those 24 sanctions have been imposed may the disciplining authority 25 consider and include in the order requirements designed to 26 rehabilitate the physician. All costs associated with 27 compliance with orders issued under this subsection are the 28 obligation of the physician. 29 Section 20. Subsection (2) of section 458.345, Florida 30 Statutes, is amended to read: 31 458.345 Registration of resident physicians, interns, 37 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 and fellows; list of hospital employees; prescribing of 2 medicinal drugs; penalty.-- 3 (2) The board shall not certify to the department for 4 registration any applicant who is under investigation in any 5 state or jurisdiction for an act which would constitute 6 grounds the basis for imposing a disciplinary action under 7 penalty specified in s. 458.331(2)(b) until such time as the 8 investigation is completed, at which time the provisions of s. 9 458.331 shall apply. 10 Section 21. Paragraph (g) of subsection (7) of section 11 458.347, Florida Statutes, is amended to read: 12 458.347 Physician assistants.-- 13 (7) PHYSICIAN ASSISTANT LICENSURE.-- 14 (g) The Board of Medicine may impose any of the 15 penalties authorized under specified in ss. 456.072 and 16 458.331(2) upon a physician assistant if the physician 17 assistant or the supervising physician has been found guilty 18 of or is being investigated for any act that constitutes a 19 violation of this chapter or chapter 456. 20 Section 22. Subsection (6) of section 459.0085, 21 Florida Statutes, is amended to read: 22 459.0085 Financial responsibility.-- 23 (6) Any deceptive, untrue, or fraudulent 24 representation by the licensee with respect to any provision 25 of this section shall result in permanent disqualification 26 from any exemption to mandated financial responsibility as 27 provided in this section and shall constitute grounds for 28 disciplinary action under as specified in s. 459.015. 29 Section 23. Subsections (1) and (2) of section 30 459.015, Florida Statutes, are amended to read: 31 459.015 Grounds for disciplinary action; action by the 38 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 board and department.-- 2 (1) The following acts shall constitute grounds for 3 denial of a license or disciplinary action, as specified in s. 4 456.072(2) which the disciplinary actions specified in 5 subsection (2) may be taken: 6 (a) Attempting to obtain, obtaining, or renewing a 7 license to practice osteopathic medicine or a certificate 8 issued under this chapter by bribery, by fraudulent 9 misrepresentations, or through an error of the department or 10 the board. 11 (b) Having a license or the authority to practice 12 osteopathic medicine revoked, suspended, or otherwise acted 13 against, including the denial of licensure, by the licensing 14 authority of any jurisdiction, including its agencies or 15 subdivisions. The licensing authority's acceptance of a 16 physician's relinquishment of license, stipulation, consent 17 order, or other settlement offered in response to or in 18 anticipation of the filing of administrative charges against 19 the physician shall be construed as action against the 20 physician's license. 21 (c) Being convicted or found guilty, regardless of 22 adjudication, of a crime in any jurisdiction which directly 23 relates to the practice of osteopathic medicine or to the 24 ability to practice osteopathic medicine. A plea of nolo 25 contendere shall create a rebuttable presumption of guilt to 26 the underlying criminal charges. 27 (d) False, deceptive, or misleading advertising. 28 (e) Failing to report to the department or the 29 department's impaired professional consultant any person who 30 the licensee or certificateholder knows is in violation of 31 this chapter or of the rules of the department or the board. 39 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 A treatment provider, approved pursuant to s. 456.076, shall 2 provide the department or consultant with information in 3 accordance with the requirements of s. 456.076(3), (4), (5), 4 and (6). 5 (f) Aiding, assisting, procuring, or advising any 6 unlicensed person to practice osteopathic medicine contrary to 7 this chapter or to a rule of the department or the board. 8 (g) Failing to perform any statutory or legal 9 obligation placed upon a licensed osteopathic physician. 10 (h) Giving false testimony in the course of any legal 11 or administrative proceedings relating to the practice of 12 medicine or the delivery of health care services. 13 (i) Making or filing a report which the licensee knows 14 to be false, intentionally or negligently failing to file a 15 report or record required by state or federal law, willfully 16 impeding or obstructing such filing, or inducing another 17 person to do so. Such reports or records shall include only 18 those which are signed in the capacity as a licensed 19 osteopathic physician. 20 (j) Paying or receiving any commission, bonus, 21 kickback, or rebate, or engaging in any split-fee arrangement 22 in any form whatsoever with a physician, organization, agency, 23 person, partnership, firm, corporation, or other business 24 entity, for patients referred to providers of health care 25 goods and services, including, but not limited to, hospitals, 26 nursing homes, clinical laboratories, ambulatory surgical 27 centers, or pharmacies. The provisions of this paragraph 28 shall not be construed to prevent an osteopathic physician 29 from receiving a fee for professional consultation services. 30 (k) Refusing to provide health care based on a 31 patient's participation in pending or past litigation or 40 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 participation in any disciplinary action conducted pursuant to 2 this chapter, unless such litigation or disciplinary action 3 directly involves the osteopathic physician requested to 4 provide services. 5 (l) Exercising influence within a patient-physician 6 relationship for purposes of engaging a patient in sexual 7 activity. A patient shall be presumed to be incapable of 8 giving free, full, and informed consent to sexual activity 9 with his or her physician. 10 (m) Making deceptive, untrue, or fraudulent 11 representations in or related to the practice of osteopathic 12 medicine or employing a trick or scheme in the practice of 13 osteopathic medicine. 14 (n) Soliciting patients, either personally or through 15 an agent, through the use of fraud, intimidation, undue 16 influence, or forms of overreaching or vexatious conduct. A 17 solicitation is any communication which directly or implicitly 18 requests an immediate oral response from the recipient. 19 (o) Failing to keep legible, as defined by department 20 rule in consultation with the board, medical records that 21 identify the licensed osteopathic physician or the osteopathic 22 physician extender and supervising osteopathic physician by 23 name and professional title who is or are responsible for 24 rendering, ordering, supervising, or billing for each 25 diagnostic or treatment procedure and that justify the course 26 of treatment of the patient, including, but not limited to, 27 patient histories; examination results; test results; records 28 of drugs prescribed, dispensed, or administered; and reports 29 of consultations and hospitalizations. 30 (p) Fraudulently altering or destroying records 31 relating to patient care or treatment, including, but not 41 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 limited to, patient histories, examination results, and test 2 results. 3 (q) Exercising influence on the patient or client in 4 such a manner as to exploit the patient or client for 5 financial gain of the licensee or of a third party which shall 6 include, but not be limited to, the promotion or sale of 7 services, goods, appliances, or drugs. 8 (r) Promoting or advertising on any prescription form 9 of a community pharmacy, unless the form shall also state 10 "This prescription may be filled at any pharmacy of your 11 choice." 12 (s) Performing professional services which have not 13 been duly authorized by the patient or client or his or her 14 legal representative except as provided in s. 743.064, s. 15 766.103, or s. 768.13. 16 (t) Prescribing, dispensing, administering, supplying, 17 selling, giving, mixing, or otherwise preparing a legend drug, 18 including all controlled substances, other than in the course 19 of the osteopathic physician's professional practice. For the 20 purposes of this paragraph, it shall be legally presumed that 21 prescribing, dispensing, administering, supplying, selling, 22 giving, mixing, or otherwise preparing legend drugs, including 23 all controlled substances, inappropriately or in excessive or 24 inappropriate quantities is not in the best interest of the 25 patient and is not in the course of the osteopathic 26 physician's professional practice, without regard to his or 27 her intent. 28 (u) Prescribing or dispensing any medicinal drug 29 appearing on any schedule set forth in chapter 893 by the 30 osteopathic physician for himself or herself or administering 31 any such drug by the osteopathic physician to himself or 42 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 herself unless such drug is prescribed for the osteopathic 2 physician by another practitioner authorized to prescribe 3 medicinal drugs. 4 (v) Prescribing, ordering, dispensing, administering, 5 supplying, selling, or giving amygdalin (laetrile) to any 6 person. 7 (w) Being unable to practice osteopathic medicine with 8 reasonable skill and safety to patients by reason of illness 9 or use of alcohol, drugs, narcotics, chemicals, or any other 10 type of material or as a result of any mental or physical 11 condition. In enforcing this paragraph, the department shall, 12 upon a finding of the secretary or the secretary's designee 13 that probable cause exists to believe that the licensee is 14 unable to practice medicine because of the reasons stated in 15 this paragraph, have the authority to issue an order to compel 16 a licensee to submit to a mental or physical examination by 17 physicians designated by the department. If the licensee 18 refuses to comply with such order, the department's order 19 directing such examination may be enforced by filing a 20 petition for enforcement in the circuit court where the 21 licensee resides or does business. The licensee against whom 22 the petition is filed shall not be named or identified by 23 initials in any public court records or documents, and the 24 proceedings shall be closed to the public. The department 25 shall be entitled to the summary procedure provided in s. 26 51.011. A licensee or certificateholder affected under this 27 paragraph shall at reasonable intervals be afforded an 28 opportunity to demonstrate that he or she can resume the 29 competent practice of medicine with reasonable skill and 30 safety to patients. 31 (x) Gross or repeated malpractice or the failure to 43 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 practice osteopathic medicine with that level of care, skill, 2 and treatment which is recognized by a reasonably prudent 3 similar osteopathic physician as being acceptable under 4 similar conditions and circumstances. The board shall give 5 great weight to the provisions of s. 766.102 when enforcing 6 this paragraph. As used in this paragraph, "repeated 7 malpractice" includes, but is not limited to, three or more 8 claims for medical malpractice within the previous 5-year 9 period resulting in indemnities being paid in excess of 10 $25,000 each to the claimant in a judgment or settlement and 11 which incidents involved negligent conduct by the osteopathic 12 physician. As used in this paragraph, "gross malpractice" or 13 "the failure to practice osteopathic medicine with that level 14 of care, skill, and treatment which is recognized by a 15 reasonably prudent similar osteopathic physician as being 16 acceptable under similar conditions and circumstances" shall 17 not be construed so as to require more than one instance, 18 event, or act. Nothing in this paragraph shall be construed to 19 require that an osteopathic physician be incompetent to 20 practice osteopathic medicine in order to be disciplined 21 pursuant to this paragraph. A recommended order by an 22 administrative law judge or a final order of the board finding 23 a violation under this paragraph shall specify whether the 24 licensee was found to have committed "gross malpractice," 25 "repeated malpractice," or "failure to practice osteopathic 26 medicine with that level of care, skill, and treatment which 27 is recognized as being acceptable under similar conditions and 28 circumstances," or any combination thereof, and any 29 publication by the board shall so specify. 30 (y) Performing any procedure or prescribing any 31 therapy which, by the prevailing standards of medical practice 44 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 in the community, would constitute experimentation on human 2 subjects, without first obtaining full, informed, and written 3 consent. 4 (z) 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 he or she is not competent to perform. The 8 board may establish by rule standards of practice and 9 standards of care for particular practice settings, including, 10 but not limited to, education and training, equipment and 11 supplies, medications including anesthetics, assistance of and 12 delegation to other personnel, transfer agreements, 13 sterilization, records, performance of complex or multiple 14 procedures, informed consent, and policy and procedure 15 manuals. 16 (aa) Delegating professional responsibilities to a 17 person when the licensee delegating such responsibilities 18 knows or has reason to know that such person is not qualified 19 by training, experience, or licensure to perform them. 20 (bb) Violating any provision of this chapter, a rule 21 of 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 board 24 or department. 25 (cc) Conspiring with another licensee or with any 26 other person to commit an act, or committing an act, which 27 would tend to coerce, intimidate, or preclude another licensee 28 from lawfully advertising his or her services. 29 (dd) Procuring, or aiding or abetting in the procuring 30 of, an unlawful termination of pregnancy. 31 (ee) Presigning blank prescription forms. 45 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (ff) Prescribing any medicinal drug appearing on 2 Schedule II in chapter 893 by the osteopathic physician for 3 office use. 4 (gg) Prescribing, ordering, dispensing, administering, 5 supplying, selling, or giving any drug which is a Schedule II 6 amphetamine or Schedule II sympathomimetic amine drug or any 7 compound thereof, pursuant to chapter 893, to or for any 8 person except for: 9 1. The treatment of narcolepsy; hyperkinesis; 10 behavioral syndrome characterized by the developmentally 11 inappropriate symptoms of moderate to severe distractability, 12 short attention span, hyperactivity, emotional lability, and 13 impulsivity; or drug-induced brain dysfunction; 14 2. The differential diagnostic psychiatric evaluation 15 of depression or the treatment of depression shown to be 16 refractory to other therapeutic modalities; or 17 3. The clinical investigation of the effects of such 18 drugs or compounds when an investigative protocol therefor is 19 submitted to, reviewed, and approved by the board before such 20 investigation is begun. 21 (hh) Failing to supervise adequately the activities of 22 those physician assistants, paramedics, emergency medical 23 technicians, advanced registered nurse practitioners, or other 24 persons acting under the supervision of the osteopathic 25 physician. 26 (ii) 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 46 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 (jj) Misrepresenting or concealing a material fact at 6 any time during any phase of a licensing or disciplinary 7 process or procedure. 8 (kk) Improperly interfering with an investigation or 9 with any disciplinary proceeding. 10 (ll) Failing to report to the department any licensee 11 under chapter 458 or under this chapter who the osteopathic 12 physician or physician assistant knows has violated the 13 grounds for disciplinary action set out in the law under which 14 that person is licensed and who provides health care services 15 in a facility licensed under chapter 395, or a health 16 maintenance organization certificated under part I of chapter 17 641, in which the osteopathic physician or physician assistant 18 also provides services. 19 (mm) Being found by any court in this state to have 20 provided corroborating written medical expert opinion attached 21 to any statutorily required notice of claim or intent or to 22 any statutorily required response rejecting a claim, without 23 reasonable investigation. 24 (nn) Advertising or holding oneself out as a 25 board-certified specialist in violation of this chapter. 26 (oo) Failing to comply with the requirements of ss. 27 381.026 and 381.0261 to provide patients with information 28 about their patient rights and how to file a patient 29 complaint. 30 (pp) Violating any provision of this chapter or 31 chapter 456, or any rules adopted pursuant thereto. 47 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (2) The board may enter an order denying licensure or 2 imposing any of the penalties in s. 456.072(2) against any 3 applicant for licensure or licensee who is found guilty of 4 violating any provision of subsection (1) of this section or 5 who is found guilty of violating any provision of s. 6 456.072(1). When the board finds any person guilty of any of 7 the grounds set forth in subsection (1), it may enter an order 8 imposing one or more of the following penalties: 9 (a) Refusal to certify, or certify with restrictions, 10 to the department an application for certification, licensure, 11 renewal, or reactivation. 12 (b) Revocation or suspension of a license or 13 certificate. 14 (c) Restriction of practice. 15 (d) Imposition of an administrative fine not to exceed 16 $10,000 for each count or separate offense. 17 (e) Issuance of a reprimand. 18 (f) Issuance of a letter of concern. 19 (g) Placement of the osteopathic physician on 20 probation for a period of time and subject to such conditions 21 as the board may specify, including, but not limited to, 22 requiring the osteopathic physician to submit to treatment, 23 attend continuing education courses, submit to reexamination, 24 or work under the supervision of another osteopathic 25 physician. 26 (h) Corrective action. 27 (i) Refund of fees billed to and collected from the 28 patient. 29 (j) Imposition of an administrative fine in accordance 30 with s. 381.0261 for violations regarding patient rights. 31 48 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 In determining what action is appropriate, the board must 2 first consider what sanctions are necessary to protect the 3 public or to compensate the patient. Only after those 4 sanctions have been imposed may the disciplining authority 5 consider and include in the order requirements designed to 6 rehabilitate the physician. All costs associated with 7 compliance with orders issued under this subsection are the 8 obligation of the physician. 9 Section 24. Paragraph (f) of subsection (7) of section 10 459.022, Florida Statutes, is amended to read: 11 459.022 Physician assistants.-- 12 (7) PHYSICIAN ASSISTANT LICENSURE.-- 13 (f) The Board of Osteopathic Medicine may impose any 14 of the penalties authorized under specified in ss. 456.072 and 15 459.015(2) upon a physician assistant if the physician 16 assistant or the supervising physician has been found guilty 17 of or is being investigated for any act that constitutes a 18 violation of this chapter or chapter 456. 19 Section 25. Subsections (1) and (2) of section 20 460.413, Florida Statutes, are amended to read: 21 460.413 Grounds for disciplinary action; action by 22 board or department.-- 23 (1) The following acts shall constitute grounds for 24 denial of a license or disciplinary action, as specified in s. 25 456.072(2) which the disciplinary actions specified in 26 subsection (2) may be taken: 27 (a) Attempting to obtain, obtaining, or renewing a 28 license to practice chiropractic medicine by bribery, by 29 fraudulent misrepresentations, or through an error of the 30 department or the board. 31 (b) Having a license to practice chiropractic medicine 49 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 revoked, suspended, or otherwise acted against, including the 2 denial of licensure, by the licensing authority of another 3 state, territory, or country. 4 (c) Being convicted or found guilty, regardless of 5 adjudication, of a crime in any jurisdiction which directly 6 relates to the practice of chiropractic medicine or to the 7 ability to practice chiropractic medicine. Any plea of nolo 8 contendere shall be considered a conviction for purposes of 9 this chapter. 10 (d) False, deceptive, or misleading advertising. 11 (e) Causing to be advertised, by any means whatsoever, 12 any advertisement which does not contain an assertion or 13 statement which would identify herself or himself as a 14 chiropractic physician or identify such chiropractic clinic or 15 related institution in which she or he practices or in which 16 she or he is owner, in whole or in part, as a chiropractic 17 institution. 18 (f) Advertising, practicing, or attempting to practice 19 under a name other than one's own. 20 (g) 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 or the board. 23 (h) Aiding, assisting, procuring, or advising any 24 unlicensed person to practice chiropractic medicine contrary 25 to this chapter or to a rule of the department or the board. 26 (i) Failing to perform any statutory or legal 27 obligation placed upon a licensed chiropractic physician. 28 (j) Making or filing a report which the licensee knows 29 to be false, intentionally or negligently failing to file a 30 report or record required by state or federal law, willfully 31 impeding or obstructing such filing or inducing another person 50 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to do so. Such reports or records shall include only those 2 which are signed in the capacity of a licensed chiropractic 3 physician. 4 (k) Making misleading, deceptive, untrue, or 5 fraudulent representations in the practice of chiropractic 6 medicine or employing a trick or scheme in the practice of 7 chiropractic medicine when such trick or scheme fails to 8 conform to the generally prevailing standards of treatment in 9 the chiropractic medical community. 10 (l) Soliciting patients either personally or through 11 an agent, unless such solicitation falls into a category of 12 solicitations approved by rule of the board. 13 (m) Failing to keep legibly written chiropractic 14 medical records that identify clearly by name and credentials 15 the licensed chiropractic physician rendering, ordering, 16 supervising, or billing for each examination or treatment 17 procedure and that justify the course of treatment of the 18 patient, including, but not limited to, patient histories, 19 examination results, test results, X rays, and diagnosis of a 20 disease, condition, or injury. X rays need not be retained 21 for more than 4 years. 22 (n) Exercising influence on the patient or client in 23 such a manner as to exploit the patient or client for 24 financial gain of the licensee or of a third party which shall 25 include, but not be limited to, the promotion or sale of 26 services, goods or appliances, or drugs. 27 (o) 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 (p) Prescribing, dispensing, or administering any 51 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 medicinal drug except as authorized by s. 460.403(9)(c)2., 2 performing any surgery, or practicing obstetrics. 3 (q) Being unable to practice chiropractic medicine 4 with reasonable skill and safety to patients by reason of 5 illness or use of alcohol, drugs, narcotics, chemicals, or any 6 other type of material or as a result of any mental or 7 physical condition. In enforcing this paragraph, upon a 8 finding by the secretary of the department, or his or her 9 designee, or the probable cause panel of the board that 10 probable cause exists to believe that the licensee is unable 11 to practice the profession because of reasons stated in this 12 paragraph, the department shall have the authority to compel a 13 licensee to submit to a mental or physical examination by a 14 physician designated by the department. If the licensee 15 refuses to comply with the department's order, the department 16 may file a petition for enforcement in the circuit court of 17 the circuit in which the licensee resides or does business. 18 The department shall be entitled to the summary procedure 19 provided in s. 51.011. The record of proceedings to obtain a 20 compelled mental or physical examination shall not be used 21 against a licensee in any other proceedings. A chiropractic 22 physician affected under this paragraph shall at reasonable 23 intervals be afforded an opportunity to demonstrate that she 24 or he can resume the competent practice of chiropractic 25 medicine with reasonable skill and safety to patients. 26 (r) Gross or repeated malpractice or the failure to 27 practice chiropractic medicine at a level of care, skill, and 28 treatment which is recognized by a reasonably prudent 29 chiropractic physician as being acceptable under similar 30 conditions and circumstances. The board shall give great 31 weight to the standards for malpractice in s. 766.102 in 52 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 interpreting this provision. A recommended order by an 2 administrative law judge, or a final order of the board 3 finding a violation under this section shall specify whether 4 the licensee was found to have committed "gross malpractice," 5 "repeated malpractice," or "failure to practice chiropractic 6 medicine with that level of care, skill, and treatment which 7 is recognized as being acceptable under similar conditions and 8 circumstances" or any combination thereof, and any publication 9 by the board shall so specify. 10 (s) Performing any procedure or prescribing any 11 therapy which, by the prevailing standards of chiropractic 12 medical practice in the community, would constitute 13 experimentation on human subjects, without first obtaining 14 full, informed, and written consent. 15 (t) Practicing or offering to practice beyond the 16 scope permitted by law or accepting and performing 17 professional responsibilities which the licensee knows or has 18 reason to know that she or he is not competent to perform. 19 (u) Delegating professional responsibilities to a 20 person when the licensee delegating such responsibilities 21 knows or has reason to know that such person is not qualified 22 by training, experience, or licensure to perform them. 23 (v) Violating any provision of this chapter, any rule 24 of the board or department, or a lawful order of the board or 25 department previously entered in a disciplinary hearing or 26 failing to comply with a lawfully issued subpoena of the 27 department. 28 (w) Conspiring with another licensee or with any other 29 person to commit an act, or committing an act, which would 30 tend to coerce, intimidate, or preclude another licensee from 31 lawfully advertising her or his services. 53 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (x) Submitting to any third-party payor a claim for a 2 service or treatment which was not actually provided to a 3 patient. 4 (y) Failing to preserve identity of funds and property 5 of a patient. As provided by rule of the board, money or other 6 property entrusted to a chiropractic physician for a specific 7 purpose, including advances for costs and expenses of 8 examination or treatment, is to be held in trust and must be 9 applied only to that purpose. Money and other property of 10 patients coming into the hands of a chiropractic physician are 11 not subject to counterclaim or setoff for chiropractic 12 physician's fees, and a refusal to account for and deliver 13 over such money and property upon demand shall be deemed a 14 conversion. This is not to preclude the retention of money or 15 other property upon which the chiropractic physician has a 16 valid lien for services or to preclude the payment of agreed 17 fees from the proceeds of transactions for examinations or 18 treatments. Controversies as to the amount of the fees are 19 not grounds for disciplinary proceedings unless the amount 20 demanded is clearly excessive or extortionate, or the demand 21 is fraudulent. All funds of patients paid to a chiropractic 22 physician, other than advances for costs and expenses, shall 23 be deposited in one or more identifiable bank accounts 24 maintained in the state in which the chiropractic physician's 25 office is situated, and no funds belonging to the chiropractic 26 physician shall be deposited therein except as follows: 27 1. Funds reasonably sufficient to pay bank charges may 28 be deposited therein. 29 2. Funds belonging in part to a patient and in part 30 presently or potentially to the physician must be deposited 31 therein, but the portion belonging to the physician may be 54 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 withdrawn when due unless the right of the physician to 2 receive it is disputed by the patient, in which event the 3 disputed portion shall not be withdrawn until the dispute is 4 finally resolved. 5 6 Every chiropractic physician shall maintain complete records 7 of all funds, securities, and other properties of a patient 8 coming into the possession of the physician and render 9 appropriate accounts to the patient regarding them. In 10 addition, every chiropractic physician shall promptly pay or 11 deliver to the patient, as requested by the patient, the 12 funds, securities, or other properties in the possession of 13 the physician which the patient is entitled to receive. 14 (z) Offering to accept or accepting payment for 15 services rendered by assignment from any third-party payor 16 after offering to accept or accepting whatever the third-party 17 payor covers as payment in full, if the effect of the offering 18 or acceptance is to eliminate or give the impression of 19 eliminating the need for payment by an insured of any required 20 deductions applicable in the policy of the insured. 21 (aa) Failing to provide, upon request of the insured, 22 a copy of a claim submitted to any third-party payor for 23 service or treatment of the insured. 24 (bb) Advertising a fee or charge for a service or 25 treatment which is different from the fee or charge the 26 licensee submits to third-party payors for that service or 27 treatment. 28 (cc) Advertising any reduced or discounted fees for 29 services or treatments, or advertising any free services or 30 treatments, without prominently stating in the advertisement 31 the usual fee of the licensee for the service or treatment 55 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 which is the subject of the discount, rebate, or free 2 offering. 3 (dd) Using acupuncture without being certified 4 pursuant to s. 460.403(9)(f). 5 (ee) Failing to report to the department any licensee 6 under chapter 458 or under chapter 459 who the chiropractic 7 physician or chiropractic physician's assistant knows has 8 violated the grounds for disciplinary action set out in the 9 law under which that person is licensed and who provides 10 health care services in a facility licensed under chapter 395, 11 or a health maintenance organization certificated under part I 12 of chapter 641, in which the chiropractic physician or 13 chiropractic physician's assistant also provides services. 14 (ff) Violating any provision of this chapter or 15 chapter 456, or any rules adopted pursuant thereto. 16 (2) The board may enter an order denying licensure or 17 imposing any of the penalties in s. 456.072(2) against any 18 applicant for licensure or licensee who is found guilty of 19 violating any provision of subsection (1) of this section or 20 who is found guilty of violating any provision of s. 21 456.072(1). When the board finds any person guilty of any of 22 the grounds set forth in subsection (1), it may enter an order 23 imposing one or more of the following penalties: 24 (a) Refusal to certify to the department an 25 application for licensure. 26 (b) Revocation or suspension of a license. 27 (c) Restriction of practice. 28 (d) Imposition of an administrative fine not to exceed 29 $10,000 for each count or separate offense. 30 (e) Issuance of a reprimand. 31 (f) Placement of the chiropractic physician on 56 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 probation for a period of time and subject to such conditions 2 as the board may specify, including requiring the chiropractic 3 physician to submit to treatment, to attend continuing 4 education courses, to submit to reexamination, or to work 5 under the supervision of another chiropractic physician. 6 (g) Imposition of costs of the investigation and 7 prosecution. 8 (h) Requirement that the chiropractic physician 9 undergo remedial education. 10 (i) Issuance of a letter of concern. 11 (j) Corrective action. 12 (k) Refund of fees billed to and collected from the 13 patient or a third party. 14 15 In determining what action is appropriate, the board must 16 first consider what sanctions are necessary to protect the 17 public or to compensate the patient. Only after those 18 sanctions have been imposed may the disciplining authority 19 consider and include in the order requirements designed to 20 rehabilitate the chiropractic physician. All costs associated 21 with compliance with orders issued under this subsection are 22 the obligation of the chiropractic physician. 23 Section 26. Subsections (1) and (2) of section 24 461.013, Florida Statutes, are amended to read: 25 461.013 Grounds for disciplinary action; action by the 26 board; investigations by 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 57 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 license to practice podiatric 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 podiatric 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 podiatric medicine or to the 11 ability to practice podiatric 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) Advertising, practicing, or attempting to practice 16 under a name other than one's own. 17 (f) Failing to report to the department any person who 18 the licensee knows is in violation of this chapter or of the 19 rules of the department or the board. 20 (g) Aiding, assisting, procuring, permitting, or 21 advising any unlicensed person to practice podiatric medicine 22 contrary to this chapter or to rule of the department or the 23 board. 24 (h) Failing to perform any statutory or legal 25 obligation placed upon a licensed podiatric physician. 26 (i) Making or filing a report which the licensee knows 27 to be false, intentionally or negligently failing to file a 28 report or record required by state or federal law, willfully 29 impeding or obstructing such filing or inducing another person 30 to do so. Such report or records shall include only those 31 which are signed in the capacity of a licensed podiatric 58 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 physician. 2 (j) Making misleading, deceptive, untrue, or 3 fraudulent representations in the practice of podiatric 4 medicine or employing a trick or scheme in the practice of 5 podiatric medicine when such scheme or trick fails to conform 6 to the generally prevailing standards of treatment in the 7 podiatric community. 8 (k) Soliciting patients either personally or through 9 an agent, unless such solicitation falls into a category of 10 solicitations approved by rule of the board. 11 (l) Failing to keep written medical records justifying 12 the course of treatment of the patient, including, but not 13 limited to, patient histories, examination results, and test 14 results. 15 (m) Exercising influence on the patient or client in 16 such a manner as to exploit the patient or client for 17 financial gain of the licensee or of a third party which shall 18 include, but not be limited to, the promotion or sale of 19 services, goods, appliances, or drugs and the promoting or 20 advertising on any prescription form of a community pharmacy 21 unless the form shall also state "This prescription may be 22 filled at any pharmacy of your choice." 23 (n) Performing professional services which have not 24 been duly authorized by the patient or client or her or his 25 legal representative except as provided in ss. 743.064, 26 766.103, and 768.13. 27 (o) Prescribing, dispensing, administering, mixing, or 28 otherwise preparing a legend drug, including all controlled 29 substances, other than in the course of the podiatric 30 physician's professional practice. For the purposes of this 31 paragraph, it shall be legally presumed that prescribing, 59 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 dispensing, administering, mixing, or otherwise preparing 2 legend drugs, including all controlled substances, 3 inappropriately or in excessive or inappropriate quantities is 4 not in the best interest of the patient and is not in the 5 course of the podiatric physician's professional practice, 6 without regard to her or his intent. 7 (p) Prescribing, dispensing, or administering any 8 medicinal drug appearing on any schedule set forth in chapter 9 893 by the podiatric physician to herself or himself except 10 those prescribed, dispensed, or administered to the podiatric 11 physician by another practitioner authorized to prescribe, 12 dispense, or administer them. 13 (q) Prescribing, ordering, dispensing, administering, 14 supplying, selling, or giving any amphetamine or 15 sympathomimetic amine drug or compound designated as a 16 Schedule II controlled substance pursuant to chapter 893. 17 (r) Being unable to practice podiatric medicine with 18 reasonable skill and safety to patients by reason of illness 19 or use of alcohol, drugs, narcotics, chemicals, or any other 20 type of material or as a result of any mental or physical 21 condition. In enforcing this paragraph the department shall, 22 upon probable cause, have authority to compel a podiatric 23 physician to submit to a mental or physical examination by 24 physicians designated by the department. Failure of a 25 podiatric physician to submit to such examination when 26 directed shall constitute an admission of the allegations 27 against her or him, unless the failure was due to 28 circumstances beyond her or his control, consequent upon which 29 a default and final order may be entered without the taking of 30 testimony or presentation of evidence. A podiatric physician 31 affected under this paragraph shall at reasonable intervals be 60 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 afforded an opportunity to demonstrate that she or he can 2 resume the competent practice of podiatric medicine with 3 reasonable skill and safety to patients. 4 (s) Gross or repeated malpractice or the failure to 5 practice podiatric medicine at a level of care, skill, and 6 treatment which is recognized by a reasonably prudent 7 podiatric physician as being acceptable under similar 8 conditions and circumstances. The board shall give great 9 weight to the standards for malpractice in s. 766.102 in 10 interpreting this section. As used in this paragraph, 11 "repeated malpractice" includes, but is not limited to, three 12 or more claims for medical malpractice within the previous 13 5-year period resulting in indemnities being paid in excess of 14 $10,000 each to the claimant in a judgment or settlement and 15 which incidents involved negligent conduct by the podiatric 16 physicians. As used in this paragraph, "gross malpractice" or 17 "the failure to practice podiatric medicine with the level of 18 care, skill, and treatment which is recognized by a reasonably 19 prudent similar podiatric physician as being acceptable under 20 similar conditions and circumstances" shall not be construed 21 so as to require more than one instance, event, or act. 22 (t) Performing any procedure or prescribing any 23 therapy which, by the prevailing standards of podiatric 24 medical practice in the community, would constitute 25 experimentation on human subjects without first obtaining 26 full, informed, and written consent. 27 (u) Practicing or offering to practice beyond the 28 scope permitted by law or accepting and performing 29 professional responsibilities which the licensee knows or has 30 reason to know that she or he is not competent to perform. 31 (v) Delegating professional responsibilities to a 61 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 person when the licensee delegating such responsibilities 2 knows or has reason to know that such person is not qualified 3 by training, experience, or licensure to perform them. 4 (w) Violating any provision of this chapter or chapter 5 456, any rule of the board or department, or a lawful order of 6 the board or department previously entered in a disciplinary 7 hearing or failing to comply with a lawfully issued subpoena 8 of the board or department. 9 (x) Conspiring with another licensee or with any other 10 person to commit an act, or committing an act, which would 11 tend to coerce, intimidate, or preclude another licensee from 12 lawfully advertising her or his services. 13 (y) Prescribing, ordering, dispensing, administering, 14 supplying, selling, or giving growth hormones, testosterone or 15 its analogs, human chorionic gonadotropin (HCG), or other 16 hormones for the purpose of muscle building or to enhance 17 athletic performance. For the purposes of this subsection, the 18 term "muscle building" does not include the treatment of 19 injured muscle. A prescription written for any of the drug 20 products listed above may be dispensed by the pharmacist with 21 the presumption that the prescription is for legitimate 22 medical use. 23 (z) Fraud, deceit, or misconduct in the practice of 24 podiatric medicine. 25 (aa) Failing to report to the department any licensee 26 under chapter 458 or chapter 459 who the podiatric physician 27 knows has violated the grounds for disciplinary action set out 28 in the law under which that person is licensed and who 29 provides health care services in a facility licensed under 30 chapter 395, or a health maintenance organization certificated 31 under part I of chapter 641, in which the podiatric physician 62 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 also provides services. 2 (bb) Failing to comply with the requirements of ss. 3 381.026 and 381.0261 to provide patients with information 4 about their patient rights and how to file a patient 5 complaint. 6 (cc) Violating any provision of this chapter or 7 chapter 456, or any rules adopted pursuant thereto. 8 (2) The board may enter an order denying licensure or 9 imposing any of the penalties in s. 456.072(2) against any 10 applicant for licensure or licensee who is found guilty of 11 violating any provision of subsection (1) of this section or 12 who is found guilty of violating any provision of s. 13 456.072(1). When the board finds any person guilty of any of 14 the grounds set forth in subsection (1), it may enter an order 15 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) Restriction of practice. 20 (d) Imposition of an administrative fine not to exceed 21 $10,000 for each count or separate offense. 22 (e) Issuance of a reprimand. 23 (f) Placing the podiatric physician on probation for a 24 period of time and subject to such conditions as the board may 25 specify, including requiring the podiatric physician to submit 26 to treatment, to attend continuing education courses, to 27 submit to reexamination, and to work under the supervision of 28 another podiatric physician. 29 (g) Imposition of an administrative fine in accordance 30 with s. 381.0261 for violations regarding patient rights. 31 Section 27. Subsections (1) and (2) of section 462.14, 63 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Florida Statutes, are amended to read: 2 462.14 Grounds for disciplinary action; action by the 3 department.-- 4 (1) The following acts constitute grounds for denial 5 of a license or disciplinary action, as specified in s. 6 456.072(2) which the disciplinary actions specified in 7 subsection (2) may be taken: 8 (a) Attempting to obtain, obtaining, or renewing a 9 license to practice naturopathic medicine by bribery, by 10 fraudulent misrepresentation, or through an error of the 11 department. 12 (b) Having a license to practice naturopathic medicine 13 revoked, suspended, or otherwise acted against, including the 14 denial of licensure, by the licensing authority of another 15 state, territory, or country. 16 (c) Being convicted or found guilty, regardless of 17 adjudication, of a crime in any jurisdiction which directly 18 relates to the practice of naturopathic medicine or to the 19 ability to practice naturopathic medicine. Any plea of nolo 20 contendere shall be considered a conviction for purposes of 21 this chapter. 22 (d) False, deceptive, or misleading advertising. 23 (e) Advertising, practicing, or attempting to practice 24 under a name other than one's own. 25 (f) Failing to report to the department any person who 26 the licensee knows is in violation of this chapter or of the 27 rules of the department. 28 (g) Aiding, assisting, procuring, or advising any 29 unlicensed person to practice naturopathic medicine contrary 30 to this chapter or to a rule of the department. 31 (h) Failing to perform any statutory or legal 64 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 obligation placed upon a licensed naturopathic physician. 2 (i) Making or filing a report which the licensee knows 3 to be false, intentionally or negligently failing to file a 4 report or record required by state or federal law, willfully 5 impeding or obstructing such filing or inducing another person 6 to do so. Such reports or records shall include only those 7 which are signed in the capacity as a licensed naturopathic 8 physician. 9 (j) Paying or receiving any commission, bonus, 10 kickback, or rebate, or engaging in any split-fee arrangement 11 in any form whatsoever with a physician, organization, agency, 12 or person, either directly or indirectly, for patients 13 referred to providers of health care goods and services, 14 including, but not limited to, hospitals, nursing homes, 15 clinical laboratories, ambulatory surgical centers, or 16 pharmacies. The provisions of this paragraph shall not be 17 construed to prevent a naturopathic physician from receiving a 18 fee for professional consultation services. 19 (k) Exercising influence within a patient-physician 20 relationship for purposes of engaging a patient in sexual 21 activity. A patient shall be presumed to be incapable of 22 giving free, full, and informed consent to sexual activity 23 with her or his physician. 24 (l) Making deceptive, untrue, or fraudulent 25 representations in the practice of naturopathic medicine or 26 employing a trick or scheme in the practice of naturopathic 27 medicine when such scheme or trick fails to conform to the 28 generally prevailing standards of treatment in the medical 29 community. 30 (m) Soliciting patients, either personally or through 31 an agent, through the use of fraud, intimidation, undue 65 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 influence, or a form of overreaching or vexatious conduct. A 2 "solicitation" is any communication which directly or 3 implicitly requests an immediate oral response from the 4 recipient. 5 (n) Failing to keep written medical records justifying 6 the course of treatment of the patient, including, but not 7 limited to, patient histories, examination results, test 8 results, X rays, and records of the prescribing, dispensing 9 and administering of drugs. 10 (o) Exercising influence on the patient or client in 11 such a manner as to exploit the patient or client for the 12 financial gain of the licensee or of a third party, which 13 shall include, but not be limited to, the promoting or selling 14 of services, goods, appliances, or drugs and the promoting or 15 advertising on any prescription form of a community pharmacy 16 unless the form also states "This prescription may be filled 17 at any pharmacy of your choice." 18 (p) Performing professional services which have not 19 been duly authorized by the patient or client, or her or his 20 legal representative, except as provided in s. 743.064, s. 21 766.103, or s. 768.13. 22 (q) Prescribing, dispensing, administering, mixing, or 23 otherwise preparing a legend drug, including any controlled 24 substance, other than in the course of the naturopathic 25 physician's professional practice. For the purposes of this 26 paragraph, it shall be legally presumed that prescribing, 27 dispensing, administering, mixing, or otherwise preparing 28 legend drugs, including all controlled substances, 29 inappropriately or in excessive or inappropriate quantities is 30 not in the best interest of the patient and is not in the 31 course of the naturopathic physician's professional practice, 66 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 without regard to her or his intent. 2 (r) Prescribing, dispensing, or administering any 3 medicinal drug appearing on any schedule set forth in chapter 4 893 by the naturopathic physician to herself or himself, 5 except one prescribed, dispensed, or administered to the 6 naturopathic physician by another practitioner authorized to 7 prescribe, dispense, or administer medicinal drugs. 8 (s) Being unable to practice naturopathic medicine 9 with reasonable skill and safety to patients by reason of 10 illness or use of alcohol, drugs, narcotics, chemicals, or any 11 other type of material or as a result of any mental or 12 physical condition. In enforcing this paragraph, the 13 department shall have, upon probable cause, authority to 14 compel a naturopathic physician to submit to a mental or 15 physical examination by physicians designated by the 16 department. The failure of a naturopathic physician to submit 17 to such an examination when so directed shall constitute an 18 admission of the allegations against her or him upon which a 19 default and final order may be entered without the taking of 20 testimony or presentation of evidence, unless the failure was 21 due to circumstances beyond the naturopathic physician's 22 control. A naturopathic physician affected under this 23 paragraph shall at reasonable intervals be afforded an 24 opportunity to demonstrate that she or he can resume the 25 competent practice of naturopathic medicine with reasonable 26 skill and safety to patients. In any proceeding under this 27 paragraph, neither the record of proceedings nor the orders 28 entered by the department may be used against a naturopathic 29 physician in any other proceeding. 30 (t) Gross or repeated malpractice or the failure to 31 practice naturopathic medicine with that level of care, skill, 67 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 and treatment which is recognized by a reasonably prudent 2 similar physician as being acceptable under similar conditions 3 and circumstances. The department shall give great weight to 4 the provisions of s. 766.102 when enforcing this paragraph. 5 (u) Performing any procedure or prescribing any 6 therapy which, by the prevailing standards of medical practice 7 in the community, constitutes experimentation on a human 8 subject, without first obtaining full, informed, and written 9 consent. 10 (v) Practicing or offering to practice beyond the 11 scope permitted by law or accepting and performing 12 professional responsibilities which the licensee knows or has 13 reason to know that she or he is not competent to perform. 14 (w) Delegating professional responsibilities to a 15 person when the licensee delegating such responsibilities 16 knows or has reason to know that such person is not qualified 17 by training, experience, or licensure to perform them. 18 (x) Violating any provision of this chapter, any rule 19 of the department, or a lawful order of the department 20 previously entered in a disciplinary hearing or failing to 21 comply with a lawfully issued subpoena of the department. 22 (y) Conspiring with another licensee or with any other 23 person to commit an act, or committing an act, which would 24 tend to coerce, intimidate, or preclude another licensee from 25 lawfully advertising her or his services. 26 (z) Procuring, or aiding or abetting in the procuring 27 of, an unlawful termination of pregnancy. 28 (aa) Presigning blank prescription forms. 29 (bb) Prescribing by the naturopathic physician for 30 office use any medicinal drug appearing on Schedule II in 31 chapter 893. 68 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (cc) Prescribing, ordering, dispensing, administering, 2 supplying, selling, or giving any drug which is an amphetamine 3 or sympathomimetic amine drug, or a compound designated 4 pursuant to chapter 893 as a Schedule II controlled substance 5 to or for any person except for: 6 1. The treatment of narcolepsy; hyperkinesis; 7 behavioral syndrome in children characterized by the 8 developmentally inappropriate symptoms of moderate to severe 9 distractability, short attention span, hyperactivity, 10 emotional lability, and impulsivity; or drug-induced brain 11 dysfunction. 12 2. The differential diagnostic psychiatric evaluation 13 of depression or the treatment of depression shown to be 14 refractory to other therapeutic modalities. 15 3. The clinical investigation of the effects of such 16 drugs or compounds when an investigative protocol therefor is 17 submitted to, reviewed, and approved by the department before 18 such investigation is begun. 19 (dd) Prescribing, ordering, dispensing, administering, 20 supplying, selling, or giving growth hormones, testosterone or 21 its analogs, human chorionic gonadotropin (HCG), or other 22 hormones for the purpose of muscle building or to enhance 23 athletic performance. For the purposes of this subsection, the 24 term "muscle building" does not include the treatment of 25 injured muscle. A prescription written for the drug products 26 listed above may be dispensed by the pharmacist with the 27 presumption that the prescription is for legitimate medical 28 use. 29 (ee) Violating any provision of this chapter or 30 chapter 456, or any rules adopted pursuant thereto. 31 (2) The department may enter an order denying 69 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 licensure or imposing any of the penalties in s. 456.072(2) 2 against any applicant for licensure or licensee who is found 3 guilty of violating any provision of subsection (1) of this 4 section or who is found guilty of violating any provision of 5 s. 456.072(1). When the department finds any person guilty of 6 any of the grounds set forth in subsection (1), it may enter 7 an order imposing one or more of the following penalties: 8 (a) Refusal to certify to the department an 9 application for licensure. 10 (b) Revocation or suspension of a license. 11 (c) Restriction of practice. 12 (d) Imposition of an administrative fine not to exceed 13 $1,000 for each count or separate offense. 14 (e) Issuance of a reprimand. 15 (f) Placement of the naturopathic physician on 16 probation for a period of time and subject to such conditions 17 as the department may specify, including, but not limited to, 18 requiring the naturopathic physician to submit to treatment, 19 to attend continuing education courses, to submit to 20 reexamination, or to work under the supervision of another 21 naturopathic physician. 22 Section 28. Subsections (1) and (2) of section 23 463.016, Florida Statutes, are amended to read: 24 463.016 Grounds for disciplinary action; action by the 25 board.-- 26 (1) The following acts shall constitute grounds for 27 denial of a license or disciplinary action, as specified in s. 28 456.072(2) which the disciplinary actions specified in 29 subsection (2) may be taken: 30 (a) Procuring or attempting to procure a license to 31 practice optometry by bribery, by fraudulent 70 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 misrepresentations, or through an error of the department or 2 board. 3 (b) Procuring or attempting to procure a license for 4 any other person by making or causing to be made any false 5 representation. 6 (c) Having a license to practice optometry revoked, 7 suspended, or otherwise acted against, including the denial of 8 licensure, by the licensing authority of another jurisdiction. 9 (d) Being convicted or found guilty, regardless of 10 adjudication, of a crime in any jurisdiction which directly 11 relates to the practice of optometry or to the ability to 12 practice optometry. Any plea of nolo contendere shall be 13 considered a conviction for the purposes of this chapter. 14 (e) Making or filing a report or record which the 15 licensee knows to be false, intentionally or negligently 16 failing to file a report or record required by state or 17 federal law, willfully impeding or obstructing such filing, or 18 inducing another person to do so. Such reports or records 19 shall include only those which are signed by the licensee in 20 her or his capacity as a licensed practitioner. 21 (f) Advertising goods or services in a manner which is 22 fraudulent, false, deceptive, or misleading in form or 23 content. 24 (g) Fraud or deceit, negligence or incompetency, or 25 misconduct in the practice of optometry. 26 (h) A violation or repeated violations of provisions 27 of this chapter, or of chapter 456, and any rules promulgated 28 pursuant thereto. 29 (i) Conspiring with another licensee or with any 30 person to commit an act, or committing an act, which would 31 coerce, intimidate, or preclude another licensee from lawfully 71 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 advertising her or his services. 2 (j) Willfully submitting to any third-party payor a 3 claim for services which were not provided to a patient. 4 (k) Failing to keep written optometric records about 5 the examinations, treatments, and prescriptions for patients. 6 (l) Willfully failing to report any person who the 7 licensee knows is in violation of this chapter or of rules of 8 the department or the board. 9 (m) Gross or repeated malpractice. 10 (n) Practicing with a revoked, suspended, inactive, or 11 delinquent license. 12 (o) Being unable to practice optometry with reasonable 13 skill and safety to patients by reason of illness or use of 14 alcohol, drugs, narcotics, chemicals, or any other type of 15 material or as a result of any mental or physical condition. 16 A licensed practitioner affected under this paragraph shall at 17 reasonable intervals be afforded an opportunity to demonstrate 18 that she or he can resume the competent practice of optometry 19 with reasonable skill and safety to patients. 20 (p) Having been disciplined by a regulatory agency in 21 another state for any offense that would constitute a 22 violation of Florida laws or rules regulating optometry. 23 (q) Violating any provision of s. 463.014 or s. 24 463.015. 25 (r) Violating any 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 (s) Practicing or offering to practice beyond the 30 scope permitted by law or accepting and performing 31 professional responsibilities which the licensed practitioner 72 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 knows or has reason to know she or he is not competent to 2 perform. 3 (t) Violating any provision of this chapter or chapter 4 456, or any rules adopted pursuant thereto. 5 (2) The department may enter an order imposing any of 6 the penalties in s. 456.072(2) against any licensee who is 7 found guilty of violating any provision of subsection (1) of 8 this section or who is found guilty of violating any provision 9 of s. 456.072(1). When the board 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) Imposition of an administrative fine not to exceed 16 $5,000 for each count or separate offense. 17 (d) Issuance of a reprimand. 18 (e) Placement of the licensed practitioner on 19 probation for a period of time and subject to such conditions 20 as the board may specify, including requiring the licensed 21 practitioner to submit to treatment, to attend continuing 22 education courses, or to work under the supervision of another 23 licensed practitioner. 24 Section 29. Subsections (1) and (2) of section 25 464.018, Florida Statutes, are amended to read: 26 464.018 Disciplinary actions.-- 27 (1) The following acts constitute shall be grounds for 28 denial of a license or disciplinary action, as specified in s. 29 456.072(2) disciplinary action set forth in this section: 30 (a) Procuring, attempting to procure, or renewing a 31 license to practice nursing by bribery, by knowing 73 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 misrepresentations, or through an error of the department or 2 the board. 3 (b) Having a license to practice nursing revoked, 4 suspended, or otherwise acted against, including the denial of 5 licensure, by the licensing authority of another state, 6 territory, or country. 7 (c) Being convicted or found guilty of, or entering a 8 plea of nolo contendere to, regardless of adjudication, a 9 crime in any jurisdiction which directly relates to the 10 practice of nursing or to the ability to practice nursing. 11 (d) Being found guilty, regardless of adjudication, of 12 any of the following offenses: 13 1. A forcible felony as defined in chapter 776. 14 2. A violation of chapter 812, relating to theft, 15 robbery, and related crimes. 16 3. A violation of chapter 817, relating to fraudulent 17 practices. 18 4. A violation of chapter 800, relating to lewdness 19 and indecent exposure. 20 5. A violation of chapter 784, relating to assault, 21 battery, and culpable negligence. 22 6. A violation of chapter 827, relating to child 23 abuse. 24 7. A violation of chapter 415, relating to protection 25 from abuse, neglect, and exploitation. 26 8. A violation of chapter 39, relating to child abuse, 27 abandonment, and neglect. 28 (e) Having been found guilty of, regardless of 29 adjudication, or entered a plea of nolo contendere or guilty 30 to, any offense prohibited under s. 435.03 or under any 31 similar statute of another jurisdiction; or having committed 74 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 an act which constitutes domestic violence as defined in s. 2 741.28. 3 (f) Making or filing a false report or record, which 4 the licensee knows to be false, intentionally or negligently 5 failing to file a report or record required by state or 6 federal law, willfully impeding or obstructing such filing or 7 inducing another person to do so. Such reports or records 8 shall include only those which are signed in the nurse's 9 capacity as a licensed nurse. 10 (g) False, misleading, or deceptive advertising. 11 (h) Unprofessional conduct, which shall include, but 12 not be limited to, any departure from, or the failure to 13 conform to, the minimal standards of acceptable and prevailing 14 nursing practice, in which case actual injury need not be 15 established. 16 (i) Engaging or attempting to engage in the 17 possession, sale, or distribution of controlled substances as 18 set forth in chapter 893, for any other than legitimate 19 purposes authorized by this part. 20 (j) Being unable to practice nursing with reasonable 21 skill and safety to patients by reason of illness or use of 22 alcohol, drugs, narcotics, or chemicals or any other type of 23 material or as a result of any mental or physical condition. 24 In enforcing this paragraph, the department shall have, upon a 25 finding of the secretary or the secretary's designee that 26 probable cause exists to believe that the licensee is unable 27 to practice nursing because of the reasons stated in this 28 paragraph, the authority to issue an order to compel a 29 licensee to submit to a mental or physical examination by 30 physicians designated by the department. If the licensee 31 refuses to comply with such order, the department's order 75 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 directing such examination may be enforced by filing a 2 petition for enforcement in the circuit court where the 3 licensee resides or does business. The licensee against whom 4 the petition is filed shall not be named or identified by 5 initials in any public court records or documents, and the 6 proceedings shall be closed to the public. The department 7 shall be entitled to the summary procedure provided in s. 8 51.011. A nurse affected by the provisions of this paragraph 9 shall at reasonable intervals be afforded an opportunity to 10 demonstrate that she or he can resume the competent practice 11 of nursing with reasonable skill and safety to patients. 12 (k) Failing to report to the department any person who 13 the licensee knows is in violation of this part or of the 14 rules of the department or the board; however, if the licensee 15 verifies that such person is actively participating in a 16 board-approved program for the treatment of a physical or 17 mental condition, the licensee is required to report such 18 person only to an impaired professionals consultant. 19 (l) Knowingly violating any provision of this part, a 20 rule of the board or the department, or a lawful order of the 21 board or department previously entered in a disciplinary 22 proceeding or failing to comply with a lawfully issued 23 subpoena of the department. 24 (m) Failing to report to the department any licensee 25 under chapter 458 or under chapter 459 who the nurse knows has 26 violated the grounds for disciplinary action set out in the 27 law under which that person is licensed and who provides 28 health care services in a facility licensed under chapter 395, 29 or a health maintenance organization certificated under part I 30 of chapter 641, in which the nurse also provides services. 31 (n) Violating any provision of this chapter or chapter 76 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 456, or any rules adopted pursuant thereto. 2 (2) The board may enter an order denying licensure or 3 imposing any of the penalties in s. 456.072(2) against any 4 applicant for licensure or licensee who is found guilty of 5 violating any provision of subsection (1) of this section or 6 who is found guilty of violating any provision of s. 7 456.072(1). When the board finds any person guilty of any of 8 the grounds set forth in subsection (1), it may enter an order 9 imposing one or more of the following penalties: 10 (a) Refusal to certify to the department an 11 application for licensure. 12 (b) Revocation or suspension of a license with 13 reinstatement subject to the provisions of subsection (3). 14 (c) Permanent revocation of a license. 15 (d) Restriction of practice. 16 (e) Imposition of an administrative fine not to exceed 17 $1,000 for each count or separate offense. 18 (f) Issuance of a reprimand. 19 (g) Placement of the nurse on probation for a period 20 of time and subject to such conditions as the board may 21 specify, including requiring the nurse to submit to treatment, 22 to attend continuing education courses, to take an 23 examination, or to work under the supervision of another 24 nurse. 25 Section 30. Subsections (3) and (4) of section 26 465.008, Florida Statutes, are amended to read: 27 465.008 Renewal of license.-- 28 (3) Sixty days prior to the end of the biennium the 29 department shall mail a notice of renewal to the last known 30 address of the licensee. 31 (3)(4) Any person licensed under this chapter for 50 77 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 years or more is exempt from the payment of the renewal or 2 delinquent fee, and the department shall issue a lifetime 3 license to such a person. 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, 78 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 79 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 80 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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: 81 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 82 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 83 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 84 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 85 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 86 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 87 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 88 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 89 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 90 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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) 91 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 92 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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, 93 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 94 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 95 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 96 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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.-- 97 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 98 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 99 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 100 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 101 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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, 102 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 103 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 104 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 105 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 106 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 107 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 108 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 109 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 110 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 111 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 112 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 113 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 114 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 115 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 116 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 117 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 118 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 119 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 120 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 121 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 122 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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: 123 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 124 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 125 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 126 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 127 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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: 128 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 129 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 130 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 131 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 132 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 133 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 134 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 135 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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: 136 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 137 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 138 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 139 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 140 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 141 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 142 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 143 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 144 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 145 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. 146 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 147 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 148 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 149 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 150 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 151 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 152 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 153 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 154 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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 155 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. 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. Paragraphs (e) and (f) of subsection (4) 16 of section 458.347, Florida Statutes, are amended to read: 17 458.347 Physician assistants.-- 18 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.-- 19 (e) A supervisory physician may delegate to a fully 20 licensed physician assistant the authority to prescribe any 21 medication used in the supervisory physician's practice unless 22 if such medication is listed on the formulary created pursuant 23 to paragraph (f). A fully licensed physician assistant may 24 only prescribe such medication under the following 25 circumstances: 26 1. A physician assistant must clearly identify to the 27 patient that he or she is a physician assistant. Furthermore, 28 the physician assistant must inform the patient that the 29 patient has the right to see the physician prior to any 30 prescription being prescribed by the physician assistant. 31 2. The supervisory physician must notify the 156 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 department of his or her intent to delegate, on a 2 department-approved form, before delegating such authority and 3 notify the department of any change in prescriptive privileges 4 of the physician assistant. 5 3. The physician assistant must file with the 6 department, before commencing to prescribe, evidence that he 7 or she has completed a continuing medical education course of 8 at least 3 classroom hours in prescriptive practice, conducted 9 by an accredited program approved by the boards, which course 10 covers the limitations, responsibilities, and privileges 11 involved in prescribing medicinal drugs, or evidence that he 12 or she has received education comparable to the continuing 13 education course as part of an accredited physician assistant 14 training program. 15 4. The physician assistant must file with the 16 department, before commencing to prescribe, evidence that the 17 physician assistant has a minimum of 3 months of clinical 18 experience in the specialty area of the supervising physician. 19 5. The physician assistant must file with the 20 department a signed affidavit that he or she has completed a 21 minimum of 10 continuing medical education hours in the 22 specialty practice in which the physician assistant has 23 prescriptive privileges with each licensure renewal 24 application. 25 6. The department shall issue a license and a 26 prescriber number to the physician assistant granting 27 authority for the prescribing of medicinal drugs authorized 28 within this paragraph upon completion of the foregoing 29 requirements. 30 7. The prescription must be written in a form that 31 complies with chapter 499 and must contain, in addition to the 157 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 supervisory physician's name, address, and telephone number, 2 the physician assistant's prescriber number. Unless it is a 3 drug sample dispensed by the physician assistant, the 4 prescription must be filled in a pharmacy permitted under 5 chapter 465 and must be dispensed in that pharmacy by a 6 pharmacist licensed under chapter 465. The appearance of the 7 prescriber number creates a presumption that the physician 8 assistant is authorized to prescribe the medicinal drug and 9 the prescription is valid. 10 8. The physician assistant must note the prescription 11 in the appropriate medical record, and the supervisory 12 physician must review and sign each notation. For dispensing 13 purposes only, the failure of the supervisory physician to 14 comply with these requirements does not affect the validity of 15 the prescription. 16 9. This paragraph does not prohibit a supervisory 17 physician from delegating to a physician assistant the 18 authority to order medication for a hospitalized patient of 19 the supervisory physician. 20 21 This paragraph does not apply to facilities licensed pursuant 22 to chapter 395. 23 (f)1. There is created a five-member committee 24 appointed by the Secretary of Health. The committee must be 25 composed of one fully licensed physician assistant licensed 26 pursuant to this section or s. 459.022, two physicians 27 licensed pursuant to this chapter, one of whom supervises a 28 fully licensed physician assistant, one osteopathic physician 29 licensed pursuant to chapter 459, and one pharmacist licensed 30 pursuant to chapter 465 who is not licensed pursuant to this 31 chapter or chapter 459. The council committee shall establish 158 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 a formulary of medicinal drugs that for which a fully licensed 2 physician assistant, licensed under this section or s. 3 459.022, may not prescribe. The formulary must may not include 4 controlled substances as defined in chapter 893, 5 antineoplastics, antipsychotics, radiopharmaceuticals, general 6 anesthetics and or radiographic contrast materials, and all or 7 any parenteral preparations except insulin and epinephrine. 8 2. In establishing the formulary, the council shall 9 consult with a pharmacist licensed under chapter 465, but not 10 licensed under this chapter or chapter 459, who shall be 11 selected by the Secretary of Health. 12 3.2. Only the council committee shall add to, delete 13 from, or modify the formulary. Any person who requests an 14 addition, deletion, or modification of a medicinal drug listed 15 on such formulary has the burden of proof to show cause why 16 such addition, deletion, or modification should be made. 17 4.3. The boards shall adopt the formulary required by 18 this paragraph, and each addition, deletion, or modification 19 to the formulary, by rule. Notwithstanding any provision of 20 chapter 120 to the contrary, the formulary rule shall be 21 effective 60 days after the date it is filed with the 22 Secretary of State. Upon adoption of the formulary, the 23 department shall mail a copy of such formulary to each fully 24 licensed physician assistant, licensed under this section or 25 s. 459.022, and to each pharmacy licensed by the state. The 26 boards shall establish, by rule, a fee not to exceed $200 to 27 fund the provisions of this paragraph and paragraph (e). 28 Section 54. Subsection (4) and paragraph (c) of 29 subsection (9) of section 459.022, Florida Statutes, are 30 amended to read: 31 459.022 Physician assistants.-- 159 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.-- 2 (a) The boards shall adopt, by rule, the general 3 principles that supervising physicians must use in developing 4 the scope of practice of a physician assistant under direct 5 supervision and under indirect supervision. These principles 6 shall recognize the diversity of both specialty and practice 7 settings in which physician assistants are used. 8 (b) This chapter does not prevent third-party payors 9 from reimbursing employers of physician assistants for covered 10 services rendered by licensed physician assistants. 11 (c) Licensed physician assistants may not be denied 12 clinical hospital privileges, except for cause, so long as the 13 supervising physician is a staff member in good standing. 14 (d) A supervisory physician may delegate to a licensed 15 physician assistant, pursuant to a written protocol, the 16 authority to act according to s. 154.04(1)(c). Such delegated 17 authority is limited to the supervising physician's practice 18 in connection with a county health department as defined and 19 established pursuant to chapter 154. The boards shall adopt 20 rules governing the supervision of physician assistants by 21 physicians in county health departments. 22 (e) A supervisory physician may delegate to a fully 23 licensed physician assistant the authority to prescribe any 24 medication used in the supervisory physician's practice unless 25 if such medication is listed on the formulary created pursuant 26 to s. 458.347. A fully licensed physician assistant may only 27 prescribe such medication under the following circumstances: 28 1. A physician assistant must clearly identify to the 29 patient that she or he is a physician assistant. Furthermore, 30 the physician assistant must inform the patient that the 31 patient has the right to see the physician prior to any 160 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 prescription being prescribed by the physician assistant. 2 2. The supervisory physician must notify the 3 department of her or his intent to delegate, on a 4 department-approved form, before delegating such authority and 5 notify the department of any change in prescriptive privileges 6 of the physician assistant. 7 3. The physician assistant must file with the 8 department, before commencing to prescribe, evidence that she 9 or he has completed a continuing medical education course of 10 at least 3 classroom hours in prescriptive practice, conducted 11 by an accredited program approved by the boards, which course 12 covers the limitations, responsibilities, and privileges 13 involved in prescribing medicinal drugs, or evidence that she 14 or he has received education comparable to the continuing 15 education course as part of an accredited physician assistant 16 training program. 17 4. The physician assistant must file with the 18 department, before commencing to prescribe, evidence that the 19 physician assistant has a minimum of 3 months of clinical 20 experience in the specialty area of the supervising physician. 21 5. The physician assistant must file with the 22 department a signed affidavit that she or he has completed a 23 minimum of 10 continuing medical education hours in the 24 specialty practice in which the physician assistant has 25 prescriptive privileges with each licensure renewal 26 application. 27 6. The department shall issue a license and a 28 prescriber number to the physician assistant granting 29 authority for the prescribing of medicinal drugs authorized 30 within this paragraph upon completion of the foregoing 31 requirements. 161 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 7. The prescription must be written in a form that 2 complies with chapter 499 and must contain, in addition to the 3 supervisory physician's name, address, and telephone number, 4 the physician assistant's prescriber number. Unless it is a 5 drug sample dispensed by the physician assistant, the 6 prescription must be filled in a pharmacy permitted under 7 chapter 465, and must be dispensed in that pharmacy by a 8 pharmacist licensed under chapter 465. The appearance of the 9 prescriber number creates a presumption that the physician 10 assistant is authorized to prescribe the medicinal drug and 11 the prescription is valid. 12 8. The physician assistant must note the prescription 13 in the appropriate medical record, and the supervisory 14 physician must review and sign each notation. For dispensing 15 purposes only, the failure of the supervisory physician to 16 comply with these requirements does not affect the validity of 17 the prescription. 18 9. This paragraph does not prohibit a supervisory 19 physician from delegating to a physician assistant the 20 authority to order medication for a hospitalized patient of 21 the supervisory physician. 22 23 This paragraph does not apply to facilities licensed pursuant 24 to chapter 395. 25 (f)1. There is created a five-member committee 26 appointed by the Secretary of Health. The committee must be 27 composed of one fully licensed physician assistant licensed 28 pursuant to this section or s. 458.347, two physicians 29 licensed pursuant to chapter 458, one of whom supervises a 30 fully licensed physician assistant, one osteopathic physician 31 licensed pursuant to this chapter, and one pharmacist licensed 162 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 pursuant to chapter 465 who is not licensed pursuant to this 2 chapter or chapter 458. The committee shall establish a 3 formulary of medicinal drugs for which a fully licensed 4 physician assistant may prescribe. The formulary may not 5 include controlled substances as defined in chapter 893, 6 antineoplastics, antipsychotics, radiopharmaceuticals, general 7 anesthetics or radiographic contrast materials, or any 8 parenteral preparations except insulin and epinephrine. 9 2. Only the committee shall add to, delete from, or 10 modify the formulary. Any person who requests an addition, 11 deletion, or modification of a medicinal drug listed on such 12 formulary has the burden of proof to show cause why such 13 addition, deletion, or modification should be made. 14 3. The boards shall adopt the formulary required by 15 this paragraph, and each addition, deletion, or modification 16 to the formulary, by rule. Notwithstanding any provision of 17 chapter 120 to the contrary, the formulary rule shall be 18 effective 60 days after the date it is filed with the 19 Secretary of State. Upon adoption of the formulary, the 20 department shall mail a copy of such formulary to each fully 21 licensed physician assistant and to each pharmacy licensed by 22 the state. The boards shall establish, by rule, a fee not to 23 exceed $200 to fund the provisions of this paragraph and 24 paragraph (e). 25 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on 26 Physician Assistants is created within the department. 27 (c) The council shall: 28 1. Recommend to the department the licensure of 29 physician assistants. 30 2. Develop all rules regulating the use of physician 31 assistants by physicians under chapter 458 and this chapter, 163 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 except for rules relating to the formulary developed under s. 2 458.347(4)(f). The council shall also develop rules to ensure 3 that the continuity of supervision is maintained in each 4 practice setting. The boards shall consider adopting a 5 proposed rule developed by the council at the regularly 6 scheduled meeting immediately following the submission of the 7 proposed rule by the council. A proposed rule submitted by 8 the council may not be adopted by either board unless both 9 boards have accepted and approved the identical language 10 contained in the proposed rule. The language of all proposed 11 rules submitted by the council must be approved by both boards 12 pursuant to each respective board's guidelines and standards 13 regarding the adoption of proposed rules. If either board 14 rejects the council's proposed rule, that board must specify 15 its objection to the council with particularity and include 16 any recommendations it may have for the modification of the 17 proposed rule. 18 3. Make recommendations to the boards regarding all 19 matters relating to physician assistants. 20 4. Address concerns and problems of practicing 21 physician assistants in order to improve safety in the 22 clinical practices of licensed physician assistants. 23 Section 55. Subsection (6) is added to section 24 456.003, Florida Statutes, to read: 25 456.003 Legislative intent; requirements.-- 26 (6) Unless expressly and specifically granted in 27 statute, the duties conferred on the boards do not include the 28 enlargement, modification, or contravention of the lawful 29 scope of practice of the profession regulated by the boards. 30 This subsection shall not prohibit the boards, or the 31 department when there is no board, from taking disciplinary 164 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 action or issuing a declaratory statement. 2 Section 56. (1)(a) The Agency for Health Care 3 Administration shall create an Organ Transplant Task Force 4 within the Agency for Health Care Administration, which task 5 force must be funded by existing agency funds. 6 (b) Task force participants shall be responsible for 7 only the expenses that they generate individually through 8 participation. The agency shall be responsible for expenses 9 incidental to the production of any required data or reports. 10 (2) The task force shall consist of up to 15 members. 11 The task force chairperson shall be selected by majority vote 12 of a quorum present. Eight members shall constitute a quorum. 13 The membership shall include, but not be limited to, a balance 14 of members representing the Agency for Health Care 15 Administration, health care facilities that have existing 16 organ transplantation programs, individual organ transplant 17 health care practitioners, pediatric organ transplantation 18 programs, organ procurement agencies, and organ transplant 19 recipients or family members. 20 (3) The task force shall meet for the purpose of 21 studying and making recommendations regarding current and 22 future supply of organs in relation to the number of existing 23 organ transplantation programs and the future necessity of the 24 issuance of a certificate of need for proposed organ 25 transplantation programs. At a minimum, the task force shall 26 submit a report to the Legislature which includes a summary of 27 the methods of allocation and distribution of organs; a list 28 of facilities performing multiple organ transplants and the 29 number being performed; the number of Medicaid and charity 30 care patients who have received organ transplants by existing 31 organ transplant programs; suggested mechanisms for funding 165 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 organ transplants, which shall include, but need not be 2 limited to, an organ transplant trust fund for the treatment 3 of Medicaid and charity patients; the impact of trends in 4 health care delivery and financing on organ transplantation; 5 and the number of certificates of need applications reviewed 6 by the Agency for Health Care Administration in the last 5 7 years, including the number approved or denied and the number 8 litigated. 9 (4) The task force shall meet at the call of the 10 chairperson. The task force shall submit a report to the 11 Governor, the President of the Senate, and the Speaker of the 12 House of Representatives by January 15, 2002. The task force 13 is abolished effective December 31, 2002. 14 Section 57. Section 409.9205, Florida Statutes, is 15 amended to read: 16 409.9205 Medicaid Fraud Control Unit; law enforcement 17 officers.-- 18 (1) Except as provided in s. 110.205, all positions in 19 the Medicaid Fraud Control Unit of the Department of Legal 20 Affairs are hereby transferred to the Career Service System. 21 (2) All investigators employed by the Medicaid Fraud 22 Control Unit who have been certified under s. 943.1395 are law 23 enforcement officers of the state. Such investigators have 24 the authority to conduct criminal investigations, bear arms, 25 make arrests, and apply for, serve, and execute search 26 warrants, arrest warrants, capias, and other process 27 throughout the state pertaining to Medicaid fraud as described 28 in this chapter. The Attorney General shall provide 29 reasonable notice of criminal investigations conducted by the 30 Medicaid Fraud Control Unit to, and coordinate those 31 investigations with, the sheriffs of the respective counties. 166 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Investigators employed by the Medicaid Fraud Control Unit are 2 not eligible for membership in the Special Risk Class of the 3 Florida Retirement System under s. 121.0515. 4 Section 58. Subsection (1) of section 483.245, Florida 5 Statutes, is amended to read: 6 483.245 Rebates prohibited; penalties.-- 7 (1) It is unlawful for any person to pay or receive 8 any commission, bonus, kickback, or rebate or engage in any 9 split-fee arrangement in any form whatsoever with any dialysis 10 facility, physician, surgeon, organization, agency, or person, 11 either directly or indirectly, for patients referred to a 12 clinical laboratory licensed under this part. 13 Section 59. Subsection (3) of section 232.435, Florida 14 Statutes, is amended to read: 15 232.435 Extracurricular athletic activities; athletic 16 trainers.-- 17 (3)(a) To the extent practicable, a school district 18 program should include the following employment classification 19 and advancement scheme: 20 1. First responder - To qualify as a first responder, 21 a person must possess a professional, temporary, part-time, 22 adjunct, or substitute certificate pursuant to s. 231.17, be 23 certified in cardiopulmonary resuscitation, first aid, and 24 have 15 semester hours in courses such as care and prevention 25 of athletic injuries, anatomy, physiology, nutrition, 26 counseling, and other similar courses approved by the 27 Commissioner of Education. This person may only administer 28 first aid and similar care. 29 1. Teacher apprentice trainer I.--To qualify as a 30 teacher apprentice trainer I, a person must possess a 31 professional, temporary, part-time, adjunct, or substitute 167 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 certificate pursuant to s. 231.17, be certified in first aid 2 and cardiopulmonary resuscitation, and have earned a minimum 3 of 6 semester hours or the equivalent number of inservice 4 education points in the basic prevention and care of athletic 5 injuries. 6 2. Teacher apprentice trainer II.--To qualify as a 7 teacher apprentice trainer II, a person must meet the 8 requirements of teacher apprentice trainer I and also have 9 earned a minimum of 15 additional semester hours or the 10 equivalent number of inservice education points in such 11 courses as anatomy, physiology, use of modalities, nutrition, 12 counseling, and other courses approved by the Commissioner of 13 Education. 14 2.3. Teacher athletic trainer.--To qualify as a 15 teacher athletic trainer, a person must possess a 16 professional, temporary, part-time, adjunct, or substitute 17 certificate pursuant to s. 232.17, and be licensed as required 18 by part XIII of chapter 468 meet the requirements of teacher 19 apprentice trainer II, be certified by the Department of 20 Education or a nationally recognized athletic trainer 21 association, and perform one or more of the following 22 functions: preventing athletic injuries; recognizing, 23 evaluating, managing, treating, and rehabilitating athletic 24 injuries; administering an athletic training program; and 25 educating and counseling athletes. 26 (b) If a school district uses the services of an 27 athletic trainer who is not a teacher athletic trainer or a 28 teacher apprentice trainer within the requirements of this 29 section, such athletic trainer must be licensed as required by 30 part XIII of chapter 468. 31 Section 60. Paragraph (b) of subsection (1) of section 168 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 383.14, Florida Statutes, is amended to read: 2 383.14 Screening for metabolic disorders, other 3 hereditary and congenital disorders, and environmental risk 4 factors.-- 5 (1) SCREENING REQUIREMENTS.--To help ensure access to 6 the maternal and child health care system, the Department of 7 Health shall promote the screening of all infants born in 8 Florida for phenylketonuria and other metabolic, hereditary, 9 and congenital disorders known to result in significant 10 impairment of health or intellect, as screening programs 11 accepted by current medical practice become available and 12 practical in the judgment of the department. The department 13 shall also promote the identification and screening of all 14 infants born in this state and their families for 15 environmental risk factors such as low income, poor education, 16 maternal and family stress, emotional instability, substance 17 abuse, and other high-risk conditions associated with 18 increased risk of infant mortality and morbidity to provide 19 early intervention, remediation, and prevention services, 20 including, but not limited to, parent support and training 21 programs, home visitation, and case management. 22 Identification, perinatal screening, and intervention efforts 23 shall begin prior to and immediately following the birth of 24 the child by the attending health care provider. Such efforts 25 shall be conducted in hospitals, perinatal centers, county 26 health departments, school health programs that provide 27 prenatal care, and birthing centers, and reported to the 28 Office of Vital Statistics. 29 (b) Postnatal screening.--A risk factor analysis using 30 the department's designated risk assessment instrument shall 31 also be conducted as part of the medical screening process 169 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 upon the birth of a child and submitted to the department's 2 Office of Vital Statistics for recording and other purposes 3 provided for in this chapter. The department's screening 4 process for risk assessment shall include a scoring mechanism 5 and procedures that establish thresholds for notification, 6 further assessment, referral, and eligibility for services by 7 professionals or paraprofessionals consistent with the level 8 of risk. Procedures for developing and using the screening 9 instrument, notification, referral, and care coordination 10 services, reporting requirements, management information, and 11 maintenance of a computer-driven registry in the Office of 12 Vital Statistics which ensures privacy safeguards must be 13 consistent with the provisions and plans established under 14 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures 15 established for reporting information and maintaining a 16 confidential registry must include a mechanism for a 17 centralized information depository at the state and county 18 levels. The department shall coordinate with existing risk 19 assessment systems and information registries. The department 20 must ensure, to the maximum extent possible, that the 21 screening information registry is integrated with the 22 department's automated data systems, including the Florida 23 On-line Recipient Integrated Data Access (FLORIDA) system. 24 Tests and screenings must be performed by the State Public 25 Health Laboratory, in coordination with Children's Medical 26 Services, at such times and in such manner as is prescribed by 27 the department after consultation with the Genetics and Infant 28 Screening Advisory Council and the State Coordinating Council 29 for School Readiness Programs. 30 Section 61. Section 395.0197, Florida Statutes, is 31 amended to read: 170 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 395.0197 Internal risk management program.-- 2 (1) Every licensed facility shall, as a part of its 3 administrative functions, establish an internal risk 4 management program that includes all of the following 5 components: 6 (a) The investigation and analysis of the frequency 7 and causes of general categories and specific types of adverse 8 incidents to patients. 9 (b) The development of appropriate measures to 10 minimize the risk of adverse incidents to patients, including, 11 but not limited to: 12 1. Risk management and risk prevention education and 13 training of all nonphysician personnel as follows: 14 a. Such education and training of all nonphysician 15 personnel as part of their initial orientation; and 16 b. At least 1 hour of such education and training 17 annually for all nonphysician personnel of the licensed 18 facility working in clinical areas and providing patient care, 19 except those persons licensed as health care practitioners who 20 are required to complete continuing education coursework 21 pursuant to chapter 456 or the respective practice act. 22 2. A prohibition, except when emergency circumstances 23 require otherwise, against a staff member of the licensed 24 facility attending a patient in the recovery room, unless the 25 staff member is authorized to attend the patient in the 26 recovery room and is in the company of at least one other 27 person. However, a licensed facility is exempt from the 28 two-person requirement if it has: 29 a. Live visual observation; 30 b. Electronic observation; or 31 c. Any other reasonable measure taken to ensure 171 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 patient protection and privacy. 2 3. A prohibition against an unlicensed person from 3 assisting or participating in any surgical procedure unless 4 the facility has authorized the person to do so following a 5 competency assessment, and such assistance or participation is 6 done under the direct and immediate supervision of a licensed 7 physician and is not otherwise an activity that may only be 8 performed by a licensed health care practitioner. 9 4. Development, implementation, and ongoing evaluation 10 of procedures, protocols, and systems to accurately identify 11 patients, planned procedures, and the correct site of the 12 planned procedure so as to minimize the performance of a 13 surgical procedure on the wrong patient, a wrong surgical 14 procedure, a wrong-site surgical procedure, or a surgical 15 procedure otherwise unrelated to the patient's diagnosis or 16 medical condition. 17 (c) The analysis of patient grievances that relate to 18 patient care and the quality of medical services. 19 (d) The development and implementation of an incident 20 reporting system based upon the affirmative duty of all health 21 care providers and all agents and employees of the licensed 22 health care facility to report adverse incidents to the risk 23 manager, or to his or her designee, within 3 business days 24 after their occurrence. 25 (2) The internal risk management program is the 26 responsibility of the governing board of the health care 27 facility. Each licensed facility shall hire a risk manager, 28 licensed under s. 395.10974 part IX of chapter 626, who is 29 responsible for implementation and oversight of such 30 facility's internal risk management program as required by 31 this section. A risk manager must not be made responsible for 172 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 more than four internal risk management programs in separate 2 licensed facilities, unless the facilities are under one 3 corporate ownership or the risk management programs are in 4 rural hospitals. 5 (3) In addition to the programs mandated by this 6 section, other innovative approaches intended to reduce the 7 frequency and severity of medical malpractice and patient 8 injury claims shall be encouraged and their implementation and 9 operation facilitated. Such additional approaches may include 10 extending internal risk management programs to health care 11 providers' offices and the assuming of provider liability by a 12 licensed health care facility for acts or omissions occurring 13 within the licensed facility. 14 (4) The agency shall, after consulting with the 15 Department of Insurance, adopt rules governing the 16 establishment of internal risk management programs to meet the 17 needs of individual licensed facilities. Each internal risk 18 management program shall include the use of incident reports 19 to be filed with an individual of responsibility who is 20 competent in risk management techniques in the employ of each 21 licensed facility, such as an insurance coordinator, or who is 22 retained by the licensed facility as a consultant. The 23 individual responsible for the risk management program shall 24 have free access to all medical records of the licensed 25 facility. The incident reports are part of the workpapers of 26 the attorney defending the licensed facility in litigation 27 relating to the licensed facility and are subject to 28 discovery, but are not admissible as evidence in court. A 29 person filing an incident report is not subject to civil suit 30 by virtue of such incident report. As a part of each internal 31 risk management program, the incident reports shall be used to 173 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 develop categories of incidents which identify problem areas. 2 Once identified, procedures shall be adjusted to correct the 3 problem areas. 4 (5) For purposes of reporting to the agency pursuant 5 to this section, the term "adverse incident" means an event 6 over which health care personnel could exercise control and 7 which is associated in whole or in part with medical 8 intervention, rather than the condition for which such 9 intervention occurred, and which: 10 (a) Results in one of the following injuries: 11 1. Death; 12 2. Brain or spinal damage; 13 3. Permanent disfigurement; 14 4. Fracture or dislocation of bones or joints; 15 5. A resulting limitation of neurological, physical, 16 or sensory function which continues after discharge from the 17 facility; 18 6. Any condition that required specialized medical 19 attention or surgical intervention resulting from nonemergency 20 medical intervention, other than an emergency medical 21 condition, to which the patient has not given his or her 22 informed consent; or 23 7. Any condition that required the transfer of the 24 patient, within or outside the facility, to a unit providing a 25 more acute level of care due to the adverse incident, rather 26 than the patient's condition prior to the adverse incident; 27 (b) Was the performance of a surgical procedure on the 28 wrong patient, a wrong surgical procedure, a wrong-site 29 surgical procedure, or a surgical procedure otherwise 30 unrelated to the patient's diagnosis or medical condition; 31 (c) Required the surgical repair of damage resulting 174 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to a patient from a planned surgical procedure, where the 2 damage was not a recognized specific risk, as disclosed to the 3 patient and documented through the informed-consent process; 4 or 5 (d) Was a procedure to remove unplanned foreign 6 objects remaining from a surgical procedure. 7 (6)(a) Each licensed facility subject to this section 8 shall submit an annual report to the agency summarizing the 9 incident reports that have been filed in the facility for that 10 year. The report shall include: 11 1. The total number of adverse incidents. 12 2. A listing, by category, of the types of operations, 13 diagnostic or treatment procedures, or other actions causing 14 the injuries, and the number of incidents occurring within 15 each category. 16 3. A listing, by category, of the types of injuries 17 caused and the number of incidents occurring within each 18 category. 19 4. A code number using the health care professional's 20 licensure number and a separate code number identifying all 21 other individuals directly involved in adverse incidents to 22 patients, the relationship of the individual to the licensed 23 facility, and the number of incidents in which each individual 24 has been directly involved. Each licensed facility shall 25 maintain names of the health care professionals and 26 individuals identified by code numbers for purposes of this 27 section. 28 5. A description of all malpractice claims filed 29 against the licensed facility, including the total number of 30 pending and closed claims and the nature of the incident which 31 led to, the persons involved in, and the status and 175 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 disposition of each claim. Each report shall update status and 2 disposition for all prior reports. 3 (b) The information reported to the agency pursuant to 4 paragraph (a) which relates to persons licensed under chapter 5 458, chapter 459, chapter 461, or chapter 466 shall be 6 reviewed by the agency. The agency shall determine whether 7 any of the incidents potentially involved conduct by a health 8 care professional who is subject to disciplinary action, in 9 which case the provisions of s. 456.073 shall apply. 10 (c) The report submitted to the agency shall also 11 contain the name and license number of the risk manager of the 12 licensed facility, a copy of its policy and procedures which 13 govern the measures taken by the facility and its risk manager 14 to reduce the risk of injuries and adverse incidents, and the 15 results of such measures. The annual report is confidential 16 and is not available to the public pursuant to s. 119.07(1) or 17 any other law providing access to public records. The annual 18 report is not discoverable or admissible in any civil or 19 administrative action, except in disciplinary proceedings by 20 the agency or the appropriate regulatory board. The annual 21 report is not available to the public as part of the record of 22 investigation for and prosecution in disciplinary proceedings 23 made available to the public by the agency or the appropriate 24 regulatory board. However, the agency or the appropriate 25 regulatory board shall make available, upon written request by 26 a health care professional against whom probable cause has 27 been found, any such records which form the basis of the 28 determination of probable cause. 29 (7) The licensed facility shall notify the agency no 30 later than 1 business day after the risk manager or his or her 31 designee has received a report pursuant to paragraph (1)(d) 176 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 and can determine within 1 business day that any of the 2 following adverse incidents has occurred, whether occurring in 3 the licensed facility or arising from health care prior to 4 admission in the licensed facility: 5 (a) The death of a patient; 6 (b) Brain or spinal damage to a patient; 7 (c) The performance of a surgical procedure on the 8 wrong patient; 9 (d) The performance of a wrong-site surgical 10 procedure; or 11 (e) The performance of a wrong surgical procedure. 12 13 The notification must be made in writing and be provided by 14 facsimile device or overnight mail delivery. The notification 15 must include information regarding the identity of the 16 affected patient, the type of adverse incident, the initiation 17 of an investigation by the facility, and whether the events 18 causing or resulting in the adverse incident represent a 19 potential risk to other patients. 20 (8) Any of the following adverse incidents, whether 21 occurring in the licensed facility or arising from health care 22 prior to admission in the licensed facility, shall be reported 23 by the facility to the agency within 15 calendar days after 24 its occurrence: 25 (a) The death of a patient; 26 (b) Brain or spinal damage to a patient; 27 (c) The performance of a surgical procedure on the 28 wrong patient; 29 (d) The performance of a wrong-site surgical 30 procedure; 31 (e) The performance of a wrong surgical procedure; 177 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (f) The performance of a surgical procedure that is 2 medically unnecessary or otherwise unrelated to the patient's 3 diagnosis or medical condition; 4 (g) The surgical repair of damage resulting to a 5 patient from a planned surgical procedure, where the damage is 6 not a recognized specific risk, as disclosed to the patient 7 and documented through the informed-consent process; or 8 (h) The performance of procedures to remove unplanned 9 foreign objects remaining from a surgical procedure. 10 11 The agency may grant extensions to this reporting requirement 12 for more than 15 days upon justification submitted in writing 13 by the facility administrator to the agency. The agency may 14 require an additional, final report. These reports shall not 15 be available to the public pursuant to s. 119.07(1) or any 16 other law providing access to public records, nor be 17 discoverable or admissible in any civil or administrative 18 action, except in disciplinary proceedings by the agency or 19 the appropriate regulatory board, nor shall they be available 20 to the public as part of the record of investigation for and 21 prosecution in disciplinary proceedings made available to the 22 public by the agency or the appropriate regulatory board. 23 However, the agency or the appropriate regulatory board shall 24 make available, upon written request by a health care 25 professional against whom probable cause has been found, any 26 such records which form the basis of the determination of 27 probable cause. The agency may investigate, as it deems 28 appropriate, any such incident and prescribe measures that 29 must or may be taken in response to the incident. The agency 30 shall review each incident and determine whether it 31 potentially involved conduct by the health care professional 178 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 who is subject to disciplinary action, in which case the 2 provisions of s. 456.073 shall apply. 3 (9) The agency shall publish on the agency's website, 4 no less than quarterly, a summary and trend analysis of 5 adverse incident reports received pursuant to this section, 6 which shall not include information that would identify the 7 patient, the reporting facility, or the health care 8 practitioners involved. The agency shall publish on the 9 agency's website an annual summary and trend analysis of all 10 adverse incident reports and malpractice claims information 11 provided by facilities in their annual reports, which shall 12 not include information that would identify the patient, the 13 reporting facility, or the practitioners involved. The 14 purpose of the publication of the summary and trend analysis 15 is to promote the rapid dissemination of information relating 16 to adverse incidents and malpractice claims to assist in 17 avoidance of similar incidents and reduce morbidity and 18 mortality. 19 (10)(9) The internal risk manager of each licensed 20 facility shall: 21 (a) Investigate every allegation of sexual misconduct 22 which is made against a member of the facility's personnel who 23 has direct patient contact, when the allegation is that the 24 sexual misconduct occurred at the facility or on the grounds 25 of the facility.; and 26 (b) Report every allegation of sexual misconduct to 27 the administrator of the licensed facility. 28 (c) Notify the family or guardian of the victim, if a 29 minor, that an allegation of sexual misconduct has been made 30 and that an investigation is being conducted.; 31 (d) Report to the Department of Health every 179 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 allegation of sexual misconduct, as defined in chapter 456 and 2 the respective practice act, by a licensed health care 3 practitioner that involves a patient. 4 (11)(10) Any witness who witnessed or who possesses 5 actual knowledge of the act that is the basis of an allegation 6 of sexual abuse shall: 7 (a) Notify the local police; and 8 (b) Notify the hospital risk manager and the 9 administrator. 10 11 For purposes of this subsection, "sexual abuse" means acts of 12 a sexual nature committed for the sexual gratification of 13 anyone upon, or in the presence of, a vulnerable adult, 14 without the vulnerable adult's informed consent, or a minor. 15 "Sexual abuse" includes, but is not limited to, the acts 16 defined in s. 794.011(1)(h), fondling, exposure of a 17 vulnerable adult's or minor's sexual organs, or the use of the 18 vulnerable adult or minor to solicit for or engage in 19 prostitution or sexual performance. "Sexual abuse" does not 20 include any act intended for a valid medical purpose or any 21 act which may reasonably be construed to be a normal 22 caregiving action. 23 (12)(11) A person who, with malice or with intent to 24 discredit or harm a licensed facility or any person, makes a 25 false allegation of sexual misconduct against a member of a 26 licensed facility's personnel is guilty of a misdemeanor of 27 the second degree, punishable as provided in s. 775.082 or s. 28 775.083. 29 (13)(12) In addition to any penalty imposed pursuant 30 to this section, the agency shall require a written plan of 31 correction from the facility. For a single incident or series 180 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 of isolated incidents that are nonwillful violations of the 2 reporting requirements of this section, the agency shall first 3 seek to obtain corrective action by the facility. If the 4 correction is not demonstrated within the timeframe 5 established by the agency or if there is a pattern of 6 nonwillful violations of this section, the agency may impose 7 an administrative fine, not to exceed $5,000 for any violation 8 of the reporting requirements of this section. The 9 administrative fine for repeated nonwillful violations shall 10 not exceed $10,000 for any violation. The administrative fine 11 for each intentional and willful violation may not exceed 12 $25,000 per violation, per day. The fine for an intentional 13 and willful violation of this section may not exceed $250,000. 14 In determining the amount of fine to be levied, the agency 15 shall be guided by s. 395.1065(2)(b). This subsection does not 16 apply to the notice requirements under subsection (7). 17 (14)(13) The agency shall have access to all licensed 18 facility records necessary to carry out the provisions of this 19 section. The records obtained by the agency under subsection 20 (6), subsection (8), or subsection (10) (9) are not available 21 to the public under s. 119.07(1), nor shall they be 22 discoverable or admissible in any civil or administrative 23 action, except in disciplinary proceedings by the agency or 24 the appropriate regulatory board, nor shall records obtained 25 pursuant to s. 456.071 be available to the public as part of 26 the record of investigation for and prosecution in 27 disciplinary proceedings made available to the public by the 28 agency or the appropriate regulatory board. However, the 29 agency or the appropriate regulatory board shall make 30 available, upon written request by a health care professional 31 against whom probable cause has been found, any such records 181 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 which form the basis of the determination of probable cause, 2 except that, with respect to medical review committee records, 3 s. 766.101 controls. 4 (15)(14) The meetings of the committees and governing 5 board of a licensed facility held solely for the purpose of 6 achieving the objectives of risk management as provided by 7 this section shall not be open to the public under the 8 provisions of chapter 286. The records of such meetings are 9 confidential and exempt from s. 119.07(1), except as provided 10 in subsection (14) (13). 11 (16)(15) The agency shall review, as part of its 12 licensure inspection process, the internal risk management 13 program at each licensed facility regulated by this section to 14 determine whether the program meets standards established in 15 statutes and rules, whether the program is being conducted in 16 a manner designed to reduce adverse incidents, and whether the 17 program is appropriately reporting incidents under this 18 section subsections (5), (6), (7), and (8). 19 (17)(16) There shall be no monetary liability on the 20 part of, and no cause of action for damages shall arise 21 against, any risk manager, licensed under s. 395.10974 part IX 22 of chapter 626, for the implementation and oversight of the 23 internal risk management program in a facility licensed under 24 this chapter or chapter 390 as required by this section, for 25 any act or proceeding undertaken or performed within the scope 26 of the functions of such internal risk management program if 27 the risk manager acts without intentional fraud. 28 (18) A privilege against civil liability is hereby 29 granted to any licensed risk manager or licensed facility with 30 regard to information furnished pursuant to this chapter, 31 unless the licensed risk manager or facility acted in bad 182 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 faith or with malice in providing such information. 2 (19)(17) If the agency, through its receipt of any 3 reports required under this section the annual reports 4 prescribed in subsection (6) or through any investigation, has 5 a reasonable belief that conduct by a staff member or employee 6 of a licensed facility is grounds for disciplinary action by 7 the appropriate regulatory board, the agency shall report this 8 fact to such regulatory board. 9 (18) The agency shall annually publish a report 10 summarizing the information contained in the annual incident 11 reports submitted by licensed facilities pursuant to 12 subsection (6) and disciplinary actions reported to the agency 13 pursuant to s. 395.0193. The report must, at a minimum, 14 summarize: 15 (a) Adverse incidents, by category of reported 16 incident, and by type of professional involved. 17 (b) Types of malpractice claims filed, by type of 18 professional involved. 19 (c) Disciplinary actions taken against professionals, 20 by type of professional involved. 21 (20) It shall be unlawful for any person to coerce, 22 intimidate, or preclude a risk manager from lawfully executing 23 his or her reporting obligations pursuant to this chapter. 24 Such unlawful action shall be subject to civil monetary 25 penalties not to exceed $10,000 per violation. 26 Section 62. Section 395.10972, Florida Statutes, is 27 amended to read: 28 395.10972 Health Care Risk Manager Advisory 29 Council.--The Secretary of Health Care Administration may 30 appoint a seven-member five-member advisory council to advise 31 the agency on matters pertaining to health care risk managers. 183 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 The members of the council shall serve at the pleasure of the 2 secretary. The council shall designate a chair. The council 3 shall meet at the call of the secretary or at those times as 4 may be required by rule of the agency. The members of the 5 advisory council shall receive no compensation for their 6 services, but shall be reimbursed for travel expenses as 7 provided in s. 112.061. The council shall consist of 8 individuals representing the following areas: 9 (1) Two shall be active health care risk managers, 10 including one risk manager who is recommended by and a member 11 of the Florida Society of Healthcare Risk Management. 12 (2) One shall be an active hospital administrator. 13 (3) One shall be an employee of an insurer or 14 self-insurer of medical malpractice coverage. 15 (4) One shall be a representative of the 16 health-care-consuming public. 17 (5) Two shall be licensed health care practitioners, 18 one of whom shall be licensed as a physician under chapter 458 19 or chapter 459. 20 Section 63. Paragraph (b) of subsection (2) of section 21 395.701, Florida Statutes, is amended to read: 22 395.701 Annual assessments on net operating revenues 23 for inpatient and outpatient services to fund public medical 24 assistance; administrative fines for failure to pay 25 assessments when due; exemption.-- 26 (2) 27 (b) There is imposed upon each hospital an assessment 28 in an amount equal to 1 percent of the annual net operating 29 revenue for outpatient services for each hospital, such 30 revenue to be determined by the agency, based on the actual 31 experience of the hospital as reported to the agency. While 184 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 prior year report worksheets may be reconciled to the 2 hospital's audited financial statements, no additional audited 3 financial components may be required for the purposes of 4 determining the amount of the assessment imposed pursuant to 5 this section other than those in effect on July 1, 2000. 6 Within 6 months after the end of each hospital fiscal year, 7 the agency shall certify the amount of the assessment for each 8 hospital. The assessment shall be payable to and collected by 9 the agency in equal quarterly amounts, on or before the first 10 day of each calendar quarter, beginning with the first full 11 calendar quarter that occurs after the agency certifies the 12 amount of the assessment for each hospital. All moneys 13 collected pursuant to this subsection shall be deposited into 14 the Public Medical Assistance Trust Fund. 15 Section 64. Section 409.905, Florida Statutes, is 16 amended to read: 17 409.905 Mandatory Medicaid services.--The agency may 18 make payments for the following services, which are required 19 of the state by Title XIX of the Social Security Act, 20 furnished by Medicaid providers to recipients who are 21 determined to be eligible on the dates on which the services 22 were provided. Any service under this section shall be 23 provided only when medically necessary and in accordance with 24 state and federal law. Mandatory services rendered by 25 providers in mobile units to Medicaid recipients may be 26 restricted by the agency. Nothing in this section shall be 27 construed to prevent or limit the agency from adjusting fees, 28 reimbursement rates, lengths of stay, number of visits, number 29 of services, or any other adjustments necessary to comply with 30 the availability of moneys and any limitations or directions 31 provided for in the General Appropriations Act or chapter 216. 185 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (1) ADVANCED REGISTERED NURSE PRACTITIONER 2 SERVICES.--The agency shall pay for services provided to a 3 recipient by a licensed advanced registered nurse practitioner 4 who has a valid collaboration agreement with a licensed 5 physician on file with the Department of Health or who 6 provides anesthesia services in accordance with established 7 protocol required by state law and approved by the medical 8 staff of the facility in which the anesthetic service is 9 performed. Reimbursement for such services must be provided in 10 an amount that equals not less than 80 percent of the 11 reimbursement to a physician who provides the same services, 12 unless otherwise provided for in the General Appropriations 13 Act. 14 (2) EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND 15 TREATMENT SERVICES.--The agency shall pay for early and 16 periodic screening and diagnosis of a recipient under age 21 17 to ascertain physical and mental problems and conditions and 18 provide treatment to correct or ameliorate these problems and 19 conditions. These services include all services determined by 20 the agency to be medically necessary for the treatment, 21 correction, or amelioration of these problems, including 22 personal care, private duty nursing, durable medical 23 equipment, physical therapy, occupational therapy, speech 24 therapy, respiratory therapy, and immunizations. 25 (3) FAMILY PLANNING SERVICES.--The agency shall pay 26 for services necessary to enable a recipient voluntarily to 27 plan family size or to space children. These services include 28 information; education; counseling regarding the availability, 29 benefits, and risks of each method of pregnancy prevention; 30 drugs and supplies; and necessary medical care and followup. 31 Each recipient participating in the family planning portion of 186 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the Medicaid program must be provided freedom to choose any 2 alternative method of family planning, as required by federal 3 law. 4 (4) HOME HEALTH CARE SERVICES.--The agency shall pay 5 for nursing and home health aide services, supplies, 6 appliances, and durable medical equipment, necessary to assist 7 a recipient living at home. An entity that provides services 8 pursuant to this subsection shall be licensed under part IV of 9 chapter 400 or part II of chapter 499, if appropriate. These 10 services, equipment, and supplies, or reimbursement therefor, 11 may be limited as provided in the General Appropriations Act 12 and do not include services, equipment, or supplies provided 13 to a person residing in a hospital or nursing facility. In 14 providing home health care services, the agency may require 15 prior authorization of care based on diagnosis. 16 (5) HOSPITAL INPATIENT SERVICES.--The agency shall pay 17 for all covered services provided for the medical care and 18 treatment of a recipient who is admitted as an inpatient by a 19 licensed physician or dentist to a hospital licensed under 20 part I of chapter 395. However, the agency shall limit the 21 payment for inpatient hospital services for a Medicaid 22 recipient 21 years of age or older to 45 days or the number of 23 days necessary to comply with the General Appropriations Act. 24 (a) The agency is authorized to implement 25 reimbursement and utilization management reforms in order to 26 comply with any limitations or directions in the General 27 Appropriations Act, which may include, but are not limited to: 28 prior authorization for inpatient psychiatric days; enhanced 29 utilization and concurrent review programs for highly utilized 30 services; reduction or elimination of covered days of service; 31 adjusting reimbursement ceilings for variable costs; adjusting 187 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 reimbursement ceilings for fixed and property costs; and 2 implementing target rates of increase. 3 (b) A licensed hospital maintained primarily for the 4 care and treatment of patients having mental disorders or 5 mental diseases is not eligible to participate in the hospital 6 inpatient portion of the Medicaid program except as provided 7 in federal law. However, the department shall apply for a 8 waiver, within 9 months after June 5, 1991, designed to 9 provide hospitalization services for mental health reasons to 10 children and adults in the most cost-effective and lowest cost 11 setting possible. Such waiver shall include a request for the 12 opportunity to pay for care in hospitals known under federal 13 law as "institutions for mental disease" or "IMD's." The 14 waiver proposal shall propose no additional aggregate cost to 15 the state or Federal Government, and shall be conducted in 16 Hillsborough County, Highlands County, Hardee County, Manatee 17 County, and Polk County. The waiver proposal may incorporate 18 competitive bidding for hospital services, comprehensive 19 brokering, prepaid capitated arrangements, or other mechanisms 20 deemed by the department to show promise in reducing the cost 21 of acute care and increasing the effectiveness of preventive 22 care. When developing the waiver proposal, the department 23 shall take into account price, quality, accessibility, 24 linkages of the hospital to community services and family 25 support programs, plans of the hospital to ensure the earliest 26 discharge possible, and the comprehensiveness of the mental 27 health and other health care services offered by participating 28 providers. 29 (c) Agency for Health Care Administration shall adjust 30 a hospital's current inpatient per diem rate to reflect the 31 cost of serving the Medicaid population at that institution 188 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 if: 2 1. The hospital experiences an increase in Medicaid 3 caseload by more than 25 percent in any year, primarily 4 resulting from the closure of a hospital in the same service 5 area occurring after July 1, 1995; or 6 2. The hospital's Medicaid per diem rate is at least 7 25 percent below the Medicaid per patient cost for that year. 8 9 No later than November 1, 2000, the agency must provide 10 estimated costs for any adjustment in a hospital inpatient per 11 diem pursuant to this paragraph to the Executive Office of the 12 Governor, the House of Representatives General Appropriations 13 Committee, and the Senate Budget Committee. Before the agency 14 implements a change in a hospital's inpatient per diem rate 15 pursuant to this paragraph, the Legislature must have 16 specifically appropriated sufficient funds in the 2001-2002 17 General Appropriations Act to support the increase in cost as 18 estimated by the agency. This paragraph is repealed on July 1, 19 2001. 20 (6) HOSPITAL OUTPATIENT SERVICES.--The agency shall 21 pay for preventive, diagnostic, therapeutic, or palliative 22 care and other services provided to a recipient in the 23 outpatient portion of a hospital licensed under part I of 24 chapter 395, and provided under the direction of a licensed 25 physician or licensed dentist, except that payment for such 26 care and services is limited to $1,500 per state fiscal year 27 per recipient, unless an exception has been made by the 28 agency, and with the exception of a Medicaid recipient under 29 age 21, in which case the only limitation is medical 30 necessity. 31 (7) INDEPENDENT LABORATORY SERVICES.--The agency shall 189 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 pay for medically necessary diagnostic laboratory procedures 2 ordered by a licensed physician or other licensed practitioner 3 of the healing arts which are provided for a recipient in a 4 laboratory that meets the requirements for Medicare 5 participation and is licensed under chapter 483, if required. 6 (8) NURSING FACILITY SERVICES.--The agency shall pay 7 for 24-hour-a-day nursing and rehabilitative services for a 8 recipient in a nursing facility licensed under part II of 9 chapter 400 or in a rural hospital, as defined in s. 395.602, 10 or in a Medicare certified skilled nursing facility operated 11 by a hospital, as defined by s. 395.002(11), that is licensed 12 under part I of chapter 395, and in accordance with provisions 13 set forth in s. 409.908(2)(a), which services are ordered by 14 and provided under the direction of a licensed physician. 15 However, if a nursing facility has been destroyed or otherwise 16 made uninhabitable by natural disaster or other emergency and 17 another nursing facility is not available, the agency must pay 18 for similar services temporarily in a hospital licensed under 19 part I of chapter 395 provided federal funding is approved and 20 available. 21 (9) PHYSICIAN SERVICES.--The agency shall pay for 22 covered services and procedures rendered to a recipient by, or 23 under the personal supervision of, a person licensed under 24 state law to practice medicine or osteopathic medicine. These 25 services may be furnished in the physician's office, the 26 Medicaid recipient's home, a hospital, a nursing facility, or 27 elsewhere, but shall be medically necessary for the treatment 28 of an injury, illness, or disease within the scope of the 29 practice of medicine or osteopathic medicine as defined by 30 state law. The agency shall not pay for services that are 31 clinically unproven, experimental, or for purely cosmetic 190 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 purposes. 2 (10) PORTABLE X-RAY SERVICES.--The agency shall pay 3 for professional and technical portable radiological services 4 ordered by a licensed physician or other licensed practitioner 5 of the healing arts which are provided by a licensed 6 professional in a setting other than a hospital, clinic, or 7 office of a physician or practitioner of the healing arts, on 8 behalf of a recipient. 9 (11) RURAL HEALTH CLINIC SERVICES.--The agency shall 10 pay for outpatient primary health care services for a 11 recipient provided by a clinic certified by and participating 12 in the Medicare program which is located in a federally 13 designated, rural, medically underserved area and has on its 14 staff one or more licensed primary care nurse practitioners or 15 physician assistants, and a licensed staff supervising 16 physician or a consulting supervising physician. 17 (12) TRANSPORTATION SERVICES.--The agency shall ensure 18 that appropriate transportation services are available for a 19 Medicaid recipient in need of transport to a qualified 20 Medicaid provider for medically necessary and 21 Medicaid-compensable services, provided a client's ability to 22 choose a specific transportation provider shall be limited to 23 those options resulting from policies established by the 24 agency to meet the fiscal limitations of the General 25 Appropriations Act. The agency may pay for transportation and 26 other related travel expenses as necessary only if these 27 services are not otherwise available. 28 Section 65. Section 409.906, Florida Statutes, is 29 amended to read: 30 409.906 Optional Medicaid services.--Subject to 31 specific appropriations, the agency may make payments for 191 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 services which are optional to the state under Title XIX of 2 the Social Security Act and are furnished by Medicaid 3 providers to recipients who are determined to be eligible on 4 the dates on which the services were provided. Any optional 5 service that is provided shall be provided only when medically 6 necessary and in accordance with state and federal law. 7 Optional services rendered by providers in mobile units to 8 Medicaid recipients may be restricted or prohibited by the 9 agency. Nothing in this section shall be construed to prevent 10 or limit the agency from adjusting fees, reimbursement rates, 11 lengths of stay, number of visits, or number of services, or 12 making any other adjustments necessary to comply with the 13 availability of moneys and any limitations or directions 14 provided for in the General Appropriations Act or chapter 216. 15 If necessary to safeguard the state's systems of providing 16 services to elderly and disabled persons and subject to the 17 notice and review provisions of s. 216.177, the Governor may 18 direct the Agency for Health Care Administration to amend the 19 Medicaid state plan to delete the optional Medicaid service 20 known as "Intermediate Care Facilities for the Developmentally 21 Disabled." Optional services may include: 22 (1) ADULT DENTURE SERVICES.--The agency may pay for 23 dentures, the procedures required to seat dentures, and the 24 repair and reline of dentures, provided by or under the 25 direction of a licensed dentist, for a recipient who is age 21 26 or older. However, Medicaid will not provide reimbursement for 27 dental services provided in a mobile dental unit, except for a 28 mobile dental unit: 29 (a) Owned by, operated by, or having a contractual 30 agreement with the Department of Health and complying with 31 Medicaid's county health department clinic services program 192 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 specifications as a county health department clinic services 2 provider. 3 (b) Owned by, operated by, or having a contractual 4 arrangement with a federally qualified health center and 5 complying with Medicaid's federally qualified health center 6 specifications as a federally qualified health center 7 provider. 8 (c) Rendering dental services to Medicaid recipients, 9 21 years of age and older, at nursing facilities. 10 (d) Owned by, operated by, or having a contractual 11 agreement with a state-approved dental educational 12 institution. 13 (2) ADULT HEALTH SCREENING SERVICES.--The agency may 14 pay for an annual routine physical examination, conducted by 15 or under the direction of a licensed physician, for a 16 recipient age 21 or older, without regard to medical 17 necessity, in order to detect and prevent disease, disability, 18 or other health condition or its progression. 19 (3) AMBULATORY SURGICAL CENTER SERVICES.--The agency 20 may pay for services provided to a recipient in an ambulatory 21 surgical center licensed under part I of chapter 395, by or 22 under the direction of a licensed physician or dentist. 23 (4) BIRTH CENTER SERVICES.--The agency may pay for 24 examinations and delivery, recovery, and newborn assessment, 25 and related services, provided in a licensed birth center 26 staffed with licensed physicians, certified nurse midwives, 27 and midwives licensed in accordance with chapter 467, to a 28 recipient expected to experience a low-risk pregnancy and 29 delivery. 30 (5) CASE MANAGEMENT SERVICES.--The agency may pay for 31 primary care case management services rendered to a recipient 193 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 pursuant to a federally approved waiver, and targeted case 2 management services for specific groups of targeted 3 recipients, for which funding has been provided and which are 4 rendered pursuant to federal guidelines. The agency is 5 authorized to limit reimbursement for targeted case management 6 services in order to comply with any limitations or directions 7 provided for in the General Appropriations Act. 8 Notwithstanding s. 216.292, the Department of Children and 9 Family Services may transfer general funds to the Agency for 10 Health Care Administration to fund state match requirements 11 exceeding the amount specified in the General Appropriations 12 Act for targeted case management services. 13 (6) CHILDREN'S DENTAL SERVICES.--The agency may pay 14 for diagnostic, preventive, or corrective procedures, 15 including orthodontia in severe cases, provided to a recipient 16 under age 21, by or under the supervision of a licensed 17 dentist. Services provided under this program include 18 treatment of the teeth and associated structures of the oral 19 cavity, as well as treatment of disease, injury, or impairment 20 that may affect the oral or general health of the individual. 21 However, Medicaid will not provide reimbursement for dental 22 services provided in a mobile dental unit, except for a mobile 23 dental unit: 24 (a) Owned by, operated by, or having a contractual 25 agreement with the Department of Health and complying with 26 Medicaid's county health department clinic services program 27 specifications as a county health department clinic services 28 provider. 29 (b) Owned by, operated by, or having a contractual 30 arrangement with a federally qualified health center and 31 complying with Medicaid's federally qualified health center 194 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 specifications as a federally qualified health center 2 provider. 3 (c) Rendering dental services to Medicaid recipients, 4 21 years of age and older, at nursing facilities. 5 (d) Owned by, operated by, or having a contractual 6 agreement with a state-approved dental educational 7 institution. 8 (7) CHIROPRACTIC SERVICES.--The agency may pay for 9 manual manipulation of the spine and initial services, 10 screening, and X rays provided to a recipient by a licensed 11 chiropractic physician. 12 (8) COMMUNITY MENTAL HEALTH SERVICES.--The agency may 13 pay for rehabilitative services provided to a recipient by a 14 mental health or substance abuse provider licensed by the 15 agency and under contract with the agency or the Department of 16 Children and Family Services to provide such services. Those 17 services which are psychiatric in nature shall be rendered or 18 recommended by a psychiatrist, and those services which are 19 medical in nature shall be rendered or recommended by a 20 physician or psychiatrist. The agency must develop a provider 21 enrollment process for community mental health providers which 22 bases provider enrollment on an assessment of service need. 23 The provider enrollment process shall be designed to control 24 costs, prevent fraud and abuse, consider provider expertise 25 and capacity, and assess provider success in managing 26 utilization of care and measuring treatment outcomes. 27 Providers will be selected through a competitive procurement 28 or selective contracting process. In addition to other 29 community mental health providers, the agency shall consider 30 for enrollment mental health programs licensed under chapter 31 395 and group practices licensed under chapter 458, chapter 195 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 459, chapter 490, or chapter 491. The agency is also 2 authorized to continue operation of its behavioral health 3 utilization management program and may develop new services if 4 these actions are necessary to ensure savings from the 5 implementation of the utilization management system. The 6 agency shall coordinate the implementation of this enrollment 7 process with the Department of Children and Family Services 8 and the Department of Juvenile Justice. The agency is 9 authorized to utilize diagnostic criteria in setting 10 reimbursement rates, to preauthorize certain high-cost or 11 highly utilized services, to limit or eliminate coverage for 12 certain services, or to make any other adjustments necessary 13 to comply with any limitations or directions provided for in 14 the General Appropriations Act. 15 (9) DIALYSIS FACILITY SERVICES.--Subject to specific 16 appropriations being provided for this purpose, the agency may 17 pay a dialysis facility that is approved as a dialysis 18 facility in accordance with Title XVIII of the Social Security 19 Act, for dialysis services that are provided to a Medicaid 20 recipient under the direction of a physician licensed to 21 practice medicine or osteopathic medicine in this state, 22 including dialysis services provided in the recipient's home 23 by a hospital-based or freestanding dialysis facility. 24 (10) DURABLE MEDICAL EQUIPMENT.--The agency may 25 authorize and pay for certain durable medical equipment and 26 supplies provided to a Medicaid recipient as medically 27 necessary. 28 (11) HEALTHY START SERVICES.--The agency may pay for a 29 continuum of risk-appropriate medical and psychosocial 30 services for the Healthy Start program in accordance with a 31 federal waiver. The agency may not implement the federal 196 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 waiver unless the waiver permits the state to limit enrollment 2 or the amount, duration, and scope of services to ensure that 3 expenditures will not exceed funds appropriated by the 4 Legislature or available from local sources. If the Health 5 Care Financing Administration does not approve a federal 6 waiver for Healthy Start services, the agency, in consultation 7 with the Department of Health and the Florida Association of 8 Healthy Start Coalitions, is authorized to establish a 9 Medicaid certified-match program for Healthy Start services. 10 Participation in the Healthy Start certified-match program 11 shall be voluntary, and reimbursement shall be limited to the 12 federal Medicaid share to Medicaid-enrolled Healthy Start 13 coalitions for services provided to Medicaid recipients. The 14 agency shall take no action to implement a certified-match 15 program without ensuring that the amendment and review 16 requirements of ss. 216.177 and 216.181 have been met. 17 (12) HEARING SERVICES.--The agency may pay for hearing 18 and related services, including hearing evaluations, hearing 19 aid devices, dispensing of the hearing aid, and related 20 repairs, if provided to a recipient by a licensed hearing aid 21 specialist, otolaryngologist, otologist, audiologist, or 22 physician. 23 (13) HOME AND COMMUNITY-BASED SERVICES.--The agency 24 may pay for home-based or community-based services that are 25 rendered to a recipient in accordance with a federally 26 approved waiver program. 27 (14) HOSPICE CARE SERVICES.--The agency may pay for 28 all reasonable and necessary services for the palliation or 29 management of a recipient's terminal illness, if the services 30 are provided by a hospice that is licensed under part VI of 31 chapter 400 and meets Medicare certification requirements. 197 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (15) INTERMEDIATE CARE FACILITY FOR THE 2 DEVELOPMENTALLY DISABLED SERVICES.--The agency may pay for 3 health-related care and services provided on a 24-hour-a-day 4 basis by a facility licensed and certified as a Medicaid 5 Intermediate Care Facility for the Developmentally Disabled, 6 for a recipient who needs such care because of a developmental 7 disability. 8 (16) INTERMEDIATE CARE SERVICES.--The agency may pay 9 for 24-hour-a-day intermediate care nursing and rehabilitation 10 services rendered to a recipient in a nursing facility 11 licensed under part II of chapter 400, if the services are 12 ordered by and provided under the direction of a physician. 13 (17) OPTOMETRIC SERVICES.--The agency may pay for 14 services provided to a recipient, including examination, 15 diagnosis, treatment, and management, related to ocular 16 pathology, if the services are provided by a licensed 17 optometrist or physician. 18 (18) PHYSICIAN ASSISTANT SERVICES.--The agency may pay 19 for all services provided to a recipient by a physician 20 assistant licensed under s. 458.347 or s. 459.022. 21 Reimbursement for such services must be not less than 80 22 percent of the reimbursement that would be paid to a physician 23 who provided the same services. 24 (19) PODIATRIC SERVICES.--The agency may pay for 25 services, including diagnosis and medical, surgical, 26 palliative, and mechanical treatment, related to ailments of 27 the human foot and lower leg, if provided to a recipient by a 28 podiatric physician licensed under state law. 29 (20) PRESCRIBED DRUG SERVICES.--The agency may pay for 30 medications that are prescribed for a recipient by a physician 31 or other licensed practitioner of the healing arts authorized 198 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to prescribe medications and that are dispensed to the 2 recipient by a licensed pharmacist or physician in accordance 3 with applicable state and federal law. 4 (21) REGISTERED NURSE FIRST ASSISTANT SERVICES.--The 5 agency may pay for all services provided to a recipient by a 6 registered nurse first assistant as described in s. 464.027. 7 Reimbursement for such services may not be less than 80 8 percent of the reimbursement that would be paid to a physician 9 providing the same services. 10 (22) STATE HOSPITAL SERVICES.--The agency may pay for 11 all-inclusive psychiatric inpatient hospital care provided to 12 a recipient age 65 or older in a state mental hospital. 13 (23) VISUAL SERVICES.--The agency may pay for visual 14 examinations, eyeglasses, and eyeglass repairs for a 15 recipient, if they are prescribed by a licensed physician 16 specializing in diseases of the eye or by a licensed 17 optometrist. 18 (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.--The 19 Agency for Health Care Administration, in consultation with 20 the Department of Children and Family Services, may establish 21 a targeted case-management pilot project in those counties 22 identified by the Department of Children and Family Services 23 and for the community-based child welfare project in Sarasota 24 and Manatee counties, as authorized under s. 409.1671. These 25 projects shall be established for the purpose of determining 26 the impact of targeted case management on the child welfare 27 program and the earnings from the child welfare program. 28 Results of the pilot projects shall be reported to the Child 29 Welfare Estimating Conference and the Social Services 30 Estimating Conference established under s. 216.136. The number 31 of projects may not be increased until requested by the 199 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Department of Children and Family Services, recommended by the 2 Child Welfare Estimating Conference and the Social Services 3 Estimating Conference, and approved by the Legislature. The 4 covered group of individuals who are eligible to receive 5 targeted case management include children who are eligible for 6 Medicaid; who are between the ages of birth through 21; and 7 who are under protective supervision or postplacement 8 supervision, under foster-care supervision, or in shelter care 9 or foster care. The number of individuals who are eligible to 10 receive targeted case management shall be limited to the 11 number for whom the Department of Children and Family Services 12 has available matching funds to cover the costs. The general 13 revenue funds required to match the funds for services 14 provided by the community-based child welfare projects are 15 limited to funds available for services described under s. 16 409.1671. The Department of Children and Family Services may 17 transfer the general revenue matching funds as billed by the 18 Agency for Health Care Administration. 19 Section 66. Subsections (7) through (11) of section 20 456.013, Florida Statutes, are renumbered as subsections (8) 21 through (12), respectively, and a new subsection (7) is added 22 to said section to read: 23 456.013 Department; general licensing provisions.-- 24 (7) The boards, or the department when there is no 25 board, shall require the completion of a 2-hour course 26 relating to prevention of medical errors as part of the 27 licensure and renewal process. The 2-hour course shall count 28 towards the total number of continuing education hours 29 required for the profession. The course shall be approved by 30 the board or department, as appropriate, and shall include a 31 study of root-cause analysis, error reduction and prevention, 200 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 and patient safety. If the course is being offered by a 2 facility licensed pursuant to chapter 395 for its employees, 3 the board may approve up to 1 hour of the 2-hour course to be 4 specifically related to error reduction and prevention methods 5 used in that facility. 6 Section 67. Subsection (19) is added to section 7 456.057, Florida Statutes, to read: 8 456.057 Ownership and control of patient records; 9 report or copies of records to be furnished.-- 10 (19) The board, or department when there is no board, 11 may temporarily or permanently appoint a person or entity as a 12 custodian of medical records in the event of the death of a 13 practitioner, the mental or physical incapacitation of the 14 practitioner, or the abandonment of medical records by a 15 practitioner. The custodian appointed shall comply with all 16 provisions of this section, including the release of patient 17 records. 18 Section 68. Subsection (3) is added to section 19 456.063, Florida Statutes, to read: 20 456.063 Sexual misconduct; disqualification for 21 license, certificate, or registration; reports of allegation 22 of sexual misconduct.-- 23 (3) Licensed health care practitioners shall report 24 allegations of sexual misconduct to the department, regardless 25 of the practice setting in which the alleged sexual misconduct 26 occurred. 27 Section 69. Paragraphs (c) and (q) of subsection (1) 28 of section 456.072, Florida Statutes, are amended, paragraphs 29 (aa), (bb), and (cc) are added to said subsection, paragraphs 30 (c), (d), and (e) of subsection (2) and subsection (4) are 31 amended, and paragraphs (i) and (j) are added to subsection 201 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (2) of said section, to read: 2 456.072 Grounds for discipline; penalties; 3 enforcement.-- 4 (1) The following acts shall constitute grounds for 5 which the disciplinary actions specified in subsection (2) may 6 be taken: 7 (c) Being convicted or found guilty of, or entering a 8 plea of guilty or nolo contendere to, regardless of 9 adjudication, a crime in any jurisdiction which relates to the 10 practice of, or the ability to practice, a licensee's 11 profession. 12 (q) Violating any provision of this chapter, the 13 applicable professional practice act, a rule of the department 14 or the board, or a lawful order of the department or the 15 board, or failing to comply with a lawfully issued subpoena of 16 the department. 17 (aa) Performing or attempting to perform health care 18 services on the wrong patient, a wrong-site procedure, a wrong 19 procedure, or an unauthorized procedure or a procedure that is 20 medically unnecessary or otherwise unrelated to the patient's 21 diagnosis or medical condition. For the purposes of this 22 paragraph, performing or attempting to perform health care 23 services includes the preparation of the patient. 24 (bb) Leaving a foreign body in a patient, such as a 25 sponge, clamp, forceps, surgical needle, or other 26 paraphernalia commonly used in surgical, examination, or other 27 diagnostic procedures. For the purposes of this paragraph, it 28 shall be legally presumed that retention of a foreign body is 29 not in the best interest of the patient and is not within the 30 standard of care of the profession, regardless of the intent 31 of the professional. 202 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (cc) Violating any provision of this chapter, the 2 applicable practice act, or any rules adopted pursuant 3 thereto. 4 (2) When the board, or the department when there is no 5 board, finds any person guilty of the grounds set forth in 6 subsection (1) or of any grounds set forth in the applicable 7 practice act, including conduct constituting a substantial 8 violation of subsection (1) or a violation of the applicable 9 practice act which occurred prior to obtaining a license, it 10 may enter an order imposing one or more of the following 11 penalties: 12 (c) Restriction of practice or license, including, but 13 not limited to, restricting the licensee from practicing in 14 certain settings, restricting the licensee to work only under 15 designated conditions or in certain settings, restricting the 16 licensee from performing or providing designated clinical and 17 administrative services, restricting the licensee from 18 practicing more than a designated number of hours, or any 19 other restriction found to be necessary for the protection of 20 the public health, safety, and welfare. 21 (d) Imposition of an administrative fine not to exceed 22 $10,000 for each count or separate offense. If the violation 23 is for fraud or making a false or fraudulent representation, 24 the board, or the department if there is no board, must impose 25 a fine of $10,000 per count or offense. 26 (e) Issuance of a reprimand or letter of concern. 27 (i) Refund of fees billed and collected from the 28 patient or a third party on behalf of the patient. 29 (j) Requirement that the practitioner undergo remedial 30 education. 31 203 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 In determining what action is appropriate, the board, or 2 department when there is no board, must first consider what 3 sanctions are necessary to protect the public or to compensate 4 the patient. Only after those sanctions have been imposed may 5 the disciplining authority consider and include in the order 6 requirements designed to rehabilitate the practitioner. All 7 costs associated with compliance with orders issued under this 8 subsection are the obligation of the practitioner. 9 (4) In addition to any other discipline imposed 10 through final order, or citation, entered on or after July 1, 11 2001, pursuant to this section or discipline imposed through 12 final order, or citation, entered on or after July 1, 2001, 13 for a violation of any practice act, the board, or the 14 department when there is no board, shall may assess costs 15 related to the investigation and prosecution of the case. In 16 any case where the board or the department imposes a fine or 17 assessment and the fine or assessment is not paid within a 18 reasonable time, such reasonable time to be prescribed in the 19 rules of the board, or the department when there is no board, 20 or in the order assessing such fines or costs, the department 21 or the Department of Legal Affairs may contract for the 22 collection of, or bring a civil action to recover, the fine or 23 assessment. 24 Section 70. Paragraphs (a) and (c) of subsection (9) 25 of section 456.073, Florida Statutes, are amended, and, 26 effective upon this act becoming a law, subsection (13) is 27 added to said section, to read: 28 456.073 Disciplinary proceedings.--Disciplinary 29 proceedings for each board shall be within the jurisdiction of 30 the department. 31 (9)(a) The department shall periodically notify the 204 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 person who filed the complaint, as well as the patient or the 2 patient's legal representative, of the status of the 3 investigation, indicating whether probable cause has been 4 found and the status of any civil action or administrative 5 proceeding or appeal. 6 (c) In any disciplinary case for which probable cause 7 is not found, the department shall so inform the person who 8 filed the complaint and notify that person that he or she may, 9 within 60 days, provide any additional information to the 10 department probable cause panel which may be relevant to the 11 decision. To facilitate the provision of additional 12 information, the person who filed the complaint may receive, 13 upon request, a copy of the department's expert report that 14 supported the recommendation for closure, if such a report was 15 relied upon by the department. In no way does this require the 16 department to procure an expert opinion or report if none was 17 used. Additionally, the identity of the expert shall remain 18 confidential. In any administrative proceeding under s. 19 120.57, the person who filed the disciplinary complaint shall 20 have the right to present oral or written communication 21 relating to the alleged disciplinary violations or to the 22 appropriate penalty. 23 (13) Notwithstanding any provision of law to the 24 contrary, an administrative complaint against a licensee shall 25 be filed within 6 years after the time of the incident or 26 occurrence giving rise to the complaint against the licensee. 27 If such incident or occurrence involved criminal actions, 28 diversion of controlled substances, sexual misconduct, or 29 impairment by the licensee, this subsection does not apply to 30 bar initiation of an investigation or filing of an 31 administrative complaint beyond the 6-year timeframe. In those 205 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 cases covered by this subsection in which it can be shown that 2 fraud, concealment, or intentional misrepresentation of fact 3 prevented the discovery of the violation of law, the period of 4 limitations is extended forward, but in no event to exceed 12 5 years after the time of the incident or occurrence. 6 Section 71. Subsection (1) of section 456.074, Florida 7 Statutes, is amended to read: 8 456.074 Certain health care practitioners; immediate 9 suspension of license.-- 10 (1) The department shall issue an emergency order 11 suspending the license of any person licensed under chapter 12 458, chapter 459, chapter 460, chapter 461, chapter 462, 13 chapter 463, chapter 464, chapter 465, chapter 466, or chapter 14 484 who pleads guilty to, is convicted or found guilty of, or 15 who enters a plea of nolo contendere to, regardless of 16 adjudication, a felony under chapter 409, chapter 817, or 17 chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. 18 ss. 1395-1396. 19 Section 72. Subsections (2) and (6) of section 20 456.077, Florida Statutes, are amended to read: 21 456.077 Authority to issue citations.-- 22 (2) The board, or the department if there is no board, 23 shall adopt rules designating violations for which a citation 24 may be issued. Such rules shall designate as citation 25 violations those violations for which there is no substantial 26 threat to the public health, safety, and welfare. Violations 27 for which a citation may be issued shall include violations of 28 continuing education requirements, failure to timely pay 29 required fees and fines, failure to comply with the 30 requirements of ss. 381.026 and 381.0261 regarding the 31 dissemination of information regarding patient rights, failure 206 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to comply with advertising requirements, failure to timely 2 update practitioner profile and credentialing files, failure 3 to display signs, licenses, and permits, failure to have 4 required reference books available, and all other violations 5 that do not pose a direct and serious threat to the health and 6 safety of the patient. 7 (6) A board created on or after January 1, 1992, has 6 8 months in which to enact rules designating violations and 9 penalties appropriate for citation offenses. Failure to enact 10 such rules gives the department exclusive authority to adopt 11 rules as required for implementing this section. A board has 12 continuous authority to amend its rules adopted pursuant to 13 this section. 14 Section 73. Section 456.081, Florida Statutes, is 15 amended to read: 16 456.081 Publication of information.--The department 17 and the boards shall have the authority to advise licensees 18 periodically, through the publication of a newsletter, about 19 information that the department or the board determines is of 20 interest to the industry. The department and the boards shall 21 maintain a website which contains copies of the newsletter; 22 information relating to adverse incident reports without 23 identifying the patient, practitioner, or facility in which 24 the adverse incident occurred until 10 days after probable 25 cause is found, at which time the name of the practitioner and 26 facility shall become public as part of the investigative 27 file; information about error prevention and safety 28 strategies; and information concerning best practices. Unless 29 otherwise prohibited by law, the department and the boards 30 shall publish on the website a summary of final orders entered 31 after July 1, 2001, resulting in disciplinary action fines, 207 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 suspensions, or revocations, and any other information the 2 department or the board determines is of interest to the 3 public. In order to provide useful and timely information at 4 minimal cost, the department and boards may consult with, and 5 include information provided by, professional associations and 6 national organizations. 7 Section 74. Subsections (1) and (2) of section 8 458.315, Florida Statutes, are amended to read: 9 458.315 Temporary certificate for practice in areas of 10 critical need.--Any physician who is licensed to practice in 11 any other state, whose license is currently valid, and who 12 pays an application fee of $300 may be issued a temporary 13 certificate to practice in communities of Florida where there 14 is a critical need for physicians. A certificate may be 15 issued to a physician who will be employed by a county health 16 department, correctional facility, community health center 17 funded by s. 329, s. 330, or s. 340 of the United States 18 Public Health Services Act, or other entity that provides 19 health care to indigents and that is approved by the State 20 Health Officer. The Board of Medicine may issue this 21 temporary certificate with the following restrictions: 22 (1) The board shall determine the areas of critical 23 need, and the physician so certified may practice in any of 24 those areas for a time to be determined by the board. Such 25 areas shall include, but not be limited to, health 26 professional shortage areas designated by the United States 27 Department of Health and Human Services. 28 (a) A recipient of a temporary certificate for 29 practice in areas of critical need may use the license to work 30 for any approved employer in any area of critical need 31 approved by the board. 208 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (b) The recipient of a temporary certificate for 2 practice in areas of critical need shall, within 30 days after 3 accepting employment, notify the board of all approved 4 institutions in which the licensee practices and of all 5 approved institutions where practice privileges have been 6 denied. 7 (c) A physician practicing under a temporary 8 certificate is immune from civil liability for any act or 9 omission by such physician which results in personal injury or 10 property damage if: 11 1. The physician was acting in good faith within the 12 scope of his or her duties and was acting as an ordinary 13 reasonably prudent person would have acted under the same or 14 similar circumstances; and 15 2. The injury or damage was not caused by any wanton 16 or willful misconduct on the part of the physician in the 17 performance of such duties. 18 (2) The board may administer an abbreviated oral 19 examination to determine the physician's competency, but no 20 written regular examination is necessary. Within 60 days after 21 receipt of an application for a temporary certificate, the 22 board shall review the application and issue the temporary 23 certificate or notify the applicant of denial. 24 Section 75. Section 458.3147, Florida Statutes, is 25 created to read: 26 458.3147 Medical school eligibility of military 27 academy students or graduates.--Any Florida resident who is a 28 student at or a graduate of any of the United States military 29 academies who qualifies for assignment to the Medical Corps of 30 the United States military shall be admitted to any medical 31 school in the State University System. 209 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 76. Subsection (9) of section 458.331, Florida 2 Statutes, is amended to read: 3 458.331 Grounds for disciplinary action; action by the 4 board and department.-- 5 (9) When an investigation of a physician is 6 undertaken, the department shall promptly furnish to the 7 physician or the physician's attorney a copy of the complaint 8 or document which resulted in the initiation of the 9 investigation. For purposes of this subsection, such 10 documents include, but are not limited to: the pertinent 11 portions of an annual report submitted to the department 12 pursuant to s. 395.0197(6); a report of an adverse incident 13 which is provided to the department pursuant to s. 14 395.0197(8); a report of peer review disciplinary action 15 submitted to the department pursuant to s. 395.0193(4) or s. 16 458.337, providing that the investigations, proceedings, and 17 records relating to such peer review disciplinary action shall 18 continue to retain their privileged status even as to the 19 licensee who is the subject of the investigation, as provided 20 by ss. 395.0193(8) and 458.337(3); a report of a closed claim 21 submitted pursuant to s. 627.912; a presuit notice submitted 22 pursuant to s. 766.106(2); and a petition brought under the 23 Florida Birth-Related Neurological Injury Compensation Plan, 24 pursuant to s. 766.305(2). The physician may submit a written 25 response to the information contained in the complaint or 26 document which resulted in the initiation of the investigation 27 within 45 days after service to the physician of the complaint 28 or document. The physician's written response shall be 29 considered by the probable cause panel. 30 Section 77. Subsection (9) of section 459.015, Florida 31 Statutes, is amended to read: 210 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 459.015 Grounds for disciplinary action; action by the 2 board and department.-- 3 (9) When an investigation of an osteopathic physician 4 is undertaken, the department shall promptly furnish to the 5 osteopathic physician or his or her attorney a copy of the 6 complaint or document which resulted in the initiation of the 7 investigation. For purposes of this subsection, such documents 8 include, but are not limited to: the pertinent portions of an 9 annual report submitted to the department pursuant to s. 10 395.0197(6); a report of an adverse incident which is provided 11 to the department pursuant to s. 395.0197(8); a report of peer 12 review disciplinary action submitted to the department 13 pursuant to s. 395.0193(4) or s. 459.016, provided that the 14 investigations, proceedings, and records relating to such peer 15 review disciplinary action shall continue to retain their 16 privileged status even as to the licensee who is the subject 17 of the investigation, as provided by ss. 395.0193(8) and 18 459.016(3); a report of a closed claim submitted pursuant to 19 s. 627.912; a /resuit notice submitted pursuant to s. 20 766.106(2); and a petition brought under the Florida 21 Birth-Related Neurological Injury Compensation Plan, pursuant 22 to s. 766.305(2). The osteopathic physician may submit a 23 written response to the information contained in the complaint 24 or document which resulted in the initiation of the 25 investigation within 45 days after service to the osteopathic 26 physician of the complaint or document. The osteopathic 27 physician's written response shall be considered by the 28 probable cause panel. 29 Section 78. Effective January 1, 2002, subsection (4) 30 of section 641.51, Florida Statutes, is amended to read: 31 641.51 Quality assurance program; second medical 211 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 opinion requirement.-- 2 (4) The organization shall ensure that only a 3 physician with an active, unencumbered license licensed under 4 chapter 458 or chapter 459, or an allopathic or osteopathic 5 physician with an active, unencumbered license in another 6 state with similar licensing requirements may render an 7 adverse determination regarding a service provided by a 8 physician licensed in this state. The organization shall 9 submit to the treating provider and the subscriber written 10 notification regarding the organization's adverse 11 determination within 2 working days after the subscriber or 12 provider is notified of the adverse determination. The written 13 notification must include the utilization review criteria or 14 benefits provisions used in the adverse determination, 15 identify the physician who rendered the adverse determination, 16 and be signed by an authorized representative of the 17 organization or the physician who rendered the adverse 18 determination. The organization must include with the 19 notification of an adverse determination information 20 concerning the appeal process for adverse determinations. This 21 provision does not create authority for the Board of Medicine 22 or Board of Osteopathic Medicine to regulate the organization; 23 however, the Board of Medicine and the Board of Osteopathic 24 Medicine continue to have jurisdiction over licensees of their 25 respective boards. 26 Section 79. Subsection (5) of section 465.019, Florida 27 Statutes, is amended to read: 28 465.019 Institutional pharmacies; permits.-- 29 (5) All institutional pharmacies shall be under the 30 professional supervision of a consultant pharmacist, and the 31 compounding and dispensing of medicinal drugs shall be done 212 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 only by a licensed pharmacist. Every institutional pharmacy 2 that employs or otherwise utilizes pharmacy technicians shall 3 have a written policy and procedures manual specifying those 4 duties, tasks, and functions which a pharmacy technician is 5 allowed to perform. 6 Section 80. Section 465.0196, Florida Statutes, is 7 amended to read: 8 465.0196 Special pharmacy permits.--Any person 9 desiring a permit to operate a pharmacy which does not fall 10 within the definitions set forth in s. 465.003(11)(a)1., 2., 11 and 3. shall apply to the department for a special pharmacy 12 permit. If the board certifies that the application complies 13 with the applicable laws and rules of the board governing the 14 practice of the profession of pharmacy, the department shall 15 issue the permit. No permit shall be issued unless a licensed 16 pharmacist is designated to undertake the professional 17 supervision of the compounding and dispensing of all drugs 18 dispensed by the pharmacy. The licensed pharmacist shall be 19 responsible for maintaining all drug records and for providing 20 for the security of the area in the facility in which the 21 compounding, storing, and dispensing of medicinal drugs 22 occurs. The permittee shall notify the department within 10 23 days of any change of the licensed pharmacist responsible for 24 such duties. Every permittee that employs or otherwise 25 utilizes pharmacy technicians shall have a written policy and 26 procedures manual specifying those duties, tasks, and 27 functions which a pharmacy technician is allowed to perform. 28 Section 81. Effective upon this act becoming a law and 29 operating retroactively to July 1, 2000, section 22 of Chapter 30 2000-256, Laws of Florida, is amended to read: 31 Section 22. The amendments to ss. 395.701 and 213 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 395.7015, Florida Statutes, by this act shall take effect July 2 1, 2000 only upon the Agency for Health Care Administration 3 receiving written confirmation from the federal Health Care 4 Financing Administration that the changes contained in such 5 amendments will not adversely affect the use of the remaining 6 assessments as state match for the state's Medicaid program. 7 Section 82. The Department of Health and the Agency 8 for Health Care Administration shall conduct a review of all 9 statutorily imposed reporting requirements for health care 10 practitioners and health facilities. The department and the 11 agency shall report back to the Legislature on or before 12 November 1, 2001, with recommendations and suggested statutory 13 changes to streamline reporting requirements to avoid 14 duplicative, overlapping, and unnecessary reports or data 15 elements. 16 Section 83. Paragraph (r) is added to subsection (1) 17 of section 468.1755, Florida Statutes, and, for the purpose of 18 incorporating the amendment to section 456.072(1), Florida 19 Statutes, in a reference thereto, paragraph (a) of subsection 20 (1) of said section is reenacted, to read: 21 468.1755 Disciplinary proceedings.-- 22 (1) The following acts shall constitute grounds for 23 which the disciplinary actions in subsection (2) may be taken: 24 (a) Violation of any provision of s. 456.072(1) or s. 25 468.1745(1). 26 (r) Failing to implement an ongoing quality assurance 27 program directed by an interdisciplinary team that meets at 28 least every other month. 29 (2) When the board finds any nursing home 30 administrator guilty of any of the grounds set forth in 31 subsection (1), it may enter an order imposing one or more of 214 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the following penalties: 2 (a) Denial of an application for licensure. 3 (b) Revocation or suspension of a license. 4 (c) Imposition of an administrative fine not to exceed 5 $1,000 for each count or separate offense. 6 (d) Issuance of a reprimand. 7 (e) Placement of the licensee on probation for a 8 period of time and subject to such conditions as the board may 9 specify, including requiring the licensee to attend continuing 10 education courses or to work under the supervision of another 11 licensee. 12 (f) Restriction of the authorized scope of practice. 13 Section 84. For the purpose of incorporating the 14 amendment to section 468.1755(1), Florida Statutes, in 15 reference thereto, subsection (3) of section 468.1695, Florida 16 Statutes, and section 468.1735, Florida Statutes, are 17 reenacted to read: 18 468.1695 Licensure by examination.-- 19 (3) The department shall issue a license to practice 20 nursing home administration to any applicant who successfully 21 completes the examination in accordance with this section and 22 otherwise meets the requirements of this part. The department 23 shall not issue a license to any applicant who is under 24 investigation in this state or another jurisdiction for an 25 offense which would constitute a violation of s. 468.1745 or 26 s. 468.1755. Upon completion of the investigation, the 27 provisions of s. 468.1755 shall apply. 28 468.1735 Provisional license.--The board may establish 29 by rule requirements for issuance of a provisional license. A 30 provisional license shall be issued only to fill a position of 31 nursing home administrator that unexpectedly becomes vacant 215 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 due to illness, sudden death of the administrator, or 2 abandonment of position and shall be issued for one single 3 period as provided by rule not to exceed 6 months. The 4 department shall not issue a provisional license to any 5 applicant who is under investigation in this state or another 6 jurisdiction for an offense which would constitute a violation 7 of s. 468.1745 or s. 468.1755. Upon completion of the 8 investigation, the provisions of s. 468.1755 shall apply. The 9 provisional license may be issued to a person who does not 10 meet all of the licensing requirements established by this 11 part, but the board shall by rule establish minimal 12 requirements to ensure protection of the public health, 13 safety, and welfare. The provisional license shall be issued 14 to the person who is designated as the responsible person next 15 in command in the event of the administrator's departure. The 16 board may set an application fee not to exceed $500 for a 17 provisional license. 18 Section 85. For the purpose of incorporating the 19 amendment to section 456.072(1), Florida Statutes, in a 20 reference thereto, paragraph (a) of subsection (1) of section 21 484.056, Florida Statutes, is reenacted to read: 22 484.056 Disciplinary proceedings.-- 23 (1) The following acts relating to the practice of 24 dispensing hearing aids shall be grounds for both disciplinary 25 action against a hearing aid specialist as set forth in this 26 section and cease and desist or other related action by the 27 department as set forth in s. 456.065 against any person 28 owning or operating a hearing aid establishment who engages 29 in, aids, or abets any such violation: 30 (a) Violation of any provision of s. 456.072(1), s. 31 484.0512, or s. 484.053. 216 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 86. Paragraph (a) of subsection (1), paragraph 2 (a) of subsection (7), and subsection (8) of section 766.101, 3 Florida Statutes, are amended to read: 4 766.101 Medical review committee, immunity from 5 liability.-- 6 (1) As used in this section: 7 (a) The term "medical review committee" or "committee" 8 means: 9 1.a. A committee of a hospital or ambulatory surgical 10 center licensed under chapter 395 or a health maintenance 11 organization certificated under part I of chapter 641, 12 b. A committee of a physician-hospital organization, a 13 provider-sponsored organization, or an integrated delivery 14 system, 15 c. A committee of a state or local professional 16 society of health care providers, 17 d. A committee of a medical staff of a licensed 18 hospital or nursing home, provided the medical staff operates 19 pursuant to written bylaws that have been approved by the 20 governing board of the hospital or nursing home, 21 e. A committee of the Department of Corrections or the 22 Correctional Medical Authority as created under s. 945.602, or 23 employees, agents, or consultants of either the department or 24 the authority or both, 25 f. A committee of a professional service corporation 26 formed under chapter 621 or a corporation organized under 27 chapter 607 or chapter 617, which is formed and operated for 28 the practice of medicine as defined in s. 458.305(3), and 29 which has at least 25 health care providers who routinely 30 provide health care services directly to patients, 31 g. A committee of a mental health treatment facility 217 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 licensed under chapter 394 or a community mental health center 2 as defined in s. 394.907, provided the quality assurance 3 program operates pursuant to the guidelines which have been 4 approved by the governing board of the agency, 5 h. A committee of a substance abuse treatment and 6 education prevention program licensed under chapter 397 7 provided the quality assurance program operates pursuant to 8 the guidelines which have been approved by the governing board 9 of the agency, 10 i. A peer review or utilization review committee 11 organized under chapter 440, or 12 j. A committee of the Department of Health, a county 13 health department, healthy start coalition, or certified rural 14 health network, when reviewing quality of care, or employees 15 of these entities when reviewing mortality records, or 16 k. A continuous quality improvement committee of a 17 pharmacy licensed pursuant to chapter 465, 18 19 which committee is formed to evaluate and improve the quality 20 of health care rendered by providers of health service or to 21 determine that health services rendered were professionally 22 indicated or were performed in compliance with the applicable 23 standard of care or that the cost of health care rendered was 24 considered reasonable by the providers of professional health 25 services in the area; or 26 2. A committee of an insurer, self-insurer, or joint 27 underwriting association of medical malpractice insurance, or 28 other persons conducting review under s. 766.106. 29 (7)(a) It is the intent of the Legislature to 30 encourage medical review committees to contribute further to 31 the quality of health care in this state by reviewing 218 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 complaints against physicians in the manner described in this 2 paragraph. Accordingly, the Department of Health Business and 3 Professional Regulation may enter into a letter of agreement 4 with a professional society of physicians licensed under 5 chapter 458 or chapter 459, under which agreement the medical 6 or peer review committees of the professional society will 7 conduct a review of any complaint or case referred to the 8 society by the department which involves a question as to 9 whether a physician's actions represented a breach of the 10 prevailing professional standard of care. The prevailing 11 professional standard of care is that level of care, skill, 12 and treatment which, in light of all relevant surrounding 13 circumstances, is recognized as acceptable and appropriate by 14 reasonably prudent similar health care providers. The letter 15 of agreement must specify that the professional society will 16 submit an advisory report to the department within a 17 reasonable time following the department's written and 18 appropriately supported request to the professional society. 19 The advisory report, which is not binding upon the department, 20 constitutes the professional opinion of the medical review 21 committee and must include: 22 1. A statement of relevant factual findings. 23 2. The judgment of the committee as to whether the 24 physician's actions represented a breach of the prevailing 25 professional standard of care. 26 (8) No cause of action of any nature by a person 27 licensed pursuant to chapter 458, chapter 459, chapter 461, 28 chapter 463, part I of chapter 464, chapter 465, or chapter 29 466 shall arise against another person licensed pursuant to 30 chapter 458, chapter 459, chapter 461, chapter 463, part I of 31 chapter 464, chapter 465, or chapter 466 for furnishing 219 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 information to a duly appointed medical review committee, to 2 an internal risk management program established under s. 3 395.0197, to the Department of Health or the Agency for Health 4 Care Administration Business and Professional Regulation, or 5 to the appropriate regulatory board if the information 6 furnished concerns patient care at a facility licensed 7 pursuant to part I of chapter 395 where both persons provide 8 health care services, if the information is not intentionally 9 fraudulent, and if the information is within the scope of the 10 functions of the committee, department, or board. However, if 11 such information is otherwise available from original sources, 12 it is not immune from discovery or use in a civil action 13 merely because it was presented during a proceeding of the 14 committee, department, or board. 15 Section 87. For the purpose of incorporating the 16 amendment to section 766.101(1)(a), Florida Statutes, in 17 references thereto, paragraph (a) of subsection (1) of section 18 440.105, Florida Statutes, and subsection (6) of section 19 626.989, Florida Statutes, are reenacted to read: 20 440.105 Prohibited activities; reports; penalties; 21 limitations.-- 22 (1)(a) Any insurance carrier, any individual 23 self-insured, any commercial or group self-insurance fund, any 24 professional practitioner licensed or regulated by the 25 Department of Business and Professional Regulation, except as 26 otherwise provided by law, any medical review committee as 27 defined in s. 766.101, any private medical review committee, 28 and any insurer, agent, or other person licensed under the 29 insurance code, or any employee thereof, having knowledge or 30 who believes that a fraudulent act or any other act or 31 practice which, upon conviction, constitutes a felony or 220 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 misdemeanor under this chapter is being or has been committed 2 shall send to the Division of Insurance Fraud, Bureau of 3 Workers' Compensation Fraud, a report or information pertinent 4 to such knowledge or belief and such additional information 5 relative thereto as the bureau may require. The bureau shall 6 review such information or reports and select such information 7 or reports as, in its judgment, may require further 8 investigation. It shall then cause an independent examination 9 of the facts surrounding such information or report to be made 10 to determine the extent, if any, to which a fraudulent act or 11 any other act or practice which, upon conviction, constitutes 12 a felony or a misdemeanor under this chapter is being 13 committed. The bureau shall report any alleged violations of 14 law which its investigations disclose to the appropriate 15 licensing agency and state attorney or other prosecuting 16 agency having jurisdiction with respect to any such violations 17 of this chapter. If prosecution by the state attorney or other 18 prosecuting agency having jurisdiction with respect to such 19 violation is not begun within 60 days of the bureau's report, 20 the state attorney or other prosecuting agency having 21 jurisdiction with respect to such violation shall inform the 22 bureau of the reasons for the lack of prosecution. 23 626.989 Investigation by department or Division of 24 Insurance Fraud; compliance; immunity; confidential 25 information; reports to division; division investigator's 26 power of arrest.-- 27 (6) Any person, other than an insurer, agent, or other 28 person licensed under the code, or an employee thereof, having 29 knowledge or who believes that a fraudulent insurance act or 30 any other act or practice which, upon conviction, constitutes 31 a felony or a misdemeanor under the code, or under s. 817.234, 221 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 is being or has been committed may send to the Division of 2 Insurance Fraud a report or information pertinent to such 3 knowledge or belief and such additional information relative 4 thereto as the department may request. Any professional 5 practitioner licensed or regulated by the Department of 6 Business and Professional Regulation, except as otherwise 7 provided by law, any medical review committee as defined in s. 8 766.101, any private medical review committee, and any 9 insurer, agent, or other person licensed under the code, or an 10 employee thereof, having knowledge or who believes that a 11 fraudulent insurance act or any other act or practice which, 12 upon conviction, constitutes a felony or a misdemeanor under 13 the code, or under s. 817.234, is being or has been committed 14 shall send to the Division of Insurance Fraud a report or 15 information pertinent to such knowledge or belief and such 16 additional information relative thereto as the department may 17 require. The Division of Insurance Fraud shall review such 18 information or reports and select such information or reports 19 as, in its judgment, may require further investigation. It 20 shall then cause an independent examination of the facts 21 surrounding such information or report to be made to determine 22 the extent, if any, to which a fraudulent insurance act or any 23 other act or practice which, upon conviction, constitutes a 24 felony or a misdemeanor under the code, or under s. 817.234, 25 is being committed. The Division of Insurance Fraud shall 26 report any alleged violations of law which its investigations 27 disclose to the appropriate licensing agency and state 28 attorney or other prosecuting agency having jurisdiction with 29 respect to any such violation, as provided in s. 624.310. If 30 prosecution by the state attorney or other prosecuting agency 31 having jurisdiction with respect to such violation is not 222 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 begun within 60 days of the division's report, the state 2 attorney or other prosecuting agency having jurisdiction with 3 respect to such violation shall inform the division of the 4 reasons for the lack of prosecution. 5 Section 88. Paragraph (c) of subsection (4) of section 6 766.1115, Florida Statutes, is amended to read: 7 766.1115 Health care providers; creation of agency 8 relationship with governmental contractors.-- 9 (4) CONTRACT REQUIREMENTS.--A health care provider 10 that executes a contract with a governmental contractor to 11 deliver health care services on or after April 17, 1992, as an 12 agent of the governmental contractor is an agent for purposes 13 of s. 768.28(9), while acting within the scope of duties 14 pursuant to the contract, if the contract complies with the 15 requirements of this section and regardless of whether the 16 individual treated is later found to be ineligible. A health 17 care provider under contract with the state may not be named 18 as a defendant in any action arising out of the medical care 19 or treatment provided on or after April 17, 1992, pursuant to 20 contracts entered into under this section. The contract must 21 provide that: 22 (c) Adverse incidents and information on treatment 23 outcomes must be reported by any health care provider to the 24 governmental contractor if such incidents and information 25 pertain to a patient treated pursuant to the contract. The 26 health care provider shall submit the reports required by s. 27 395.0197 annually submit an adverse incident report that 28 includes all information required by s. 395.0197(6)(a), unless 29 the adverse incident involves a result described by s. 30 395.0197(8), in which case it shall be reported within 15 days 31 after the occurrence of such incident. If an incident involves 223 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 a professional licensed by the Department of Health or a 2 facility licensed by the Agency for Health Care 3 Administration, the governmental contractor shall submit such 4 incident reports to the appropriate department or agency, 5 which shall review each incident and determine whether it 6 involves conduct by the licensee that is subject to 7 disciplinary action. All patient medical records and any 8 identifying information contained in adverse incident reports 9 and treatment outcomes which are obtained by governmental 10 entities pursuant to this paragraph are confidential and 11 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 12 I of the State Constitution. 13 Section 89. Section 456.047, Florida Statutes, is 14 amended to read: 15 456.047 Standardized credentialing for health care 16 practitioners.-- 17 (1) INTENT.--The Legislature recognizes that an 18 efficient and effective health care practitioner credentialing 19 program helps to ensure access to quality health care and also 20 recognizes that health care practitioner credentialing 21 activities have increased significantly as a result of health 22 care reform and recent changes in health care delivery and 23 reimbursement systems. Moreover, the resulting duplication of 24 health care practitioner credentialing activities is 25 unnecessarily costly and cumbersome for both the practitioner 26 and the entity granting practice privileges. Therefore, it is 27 the intent of this section that a credentials collection 28 program be established which provides that, once a health care 29 practitioner's core credentials data are collected, they need 30 not be collected again, except for corrections, updates, and 31 modifications thereto. Furthermore, it is the intent of the 224 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Legislature that the department and all entities and 2 practitioners work cooperatively to ensure the integrity and 3 accuracy of the program. Participation under this section 4 shall include those individuals licensed under chapter 458, 5 chapter 459, chapter 460, chapter 461, or s. 464.012. However, 6 the department shall, with the approval of the applicable 7 board, include other professions under the jurisdiction of the 8 Division of Medical Quality Assurance in this program, 9 provided they meet the requirements of s. 456.039 or s. 10 456.0391. 11 (2) DEFINITIONS.--As used in this section, the term: 12 (a) "Certified" or "accredited," as applicable, means 13 approved by a quality assessment program, from the National 14 Committee for Quality Assurance, the Joint Commission on 15 Accreditation of Healthcare Organizations, the American 16 Accreditation HealthCare Commission/URAC, or any such other 17 nationally recognized and accepted organization authorized by 18 the department, used to assess and certify any credentials 19 verification program, entity, or organization that verifies 20 the credentials of any health care practitioner. 21 (b) "Core credentials data" means data that is primary 22 source verified and includes the following data: current name, 23 any former name, and any alias, any professional education, 24 professional training, licensure, current Drug Enforcement 25 Administration certification, social security number, 26 specialty board certification, Educational Commission for 27 Foreign Medical Graduates certification, and hospital or other 28 institutional affiliations, evidence of professional liability 29 coverage or evidence of financial responsibility as required 30 by s. 458.320, s. 459.0085, or s. 456.048, history of claims, 31 suits, judgments, or settlements, final disciplinary action 225 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 reported pursuant to s. 456.039(1)(a)8. or s. 456.0391(1)(a)8. 2 The department may by rule designate additional core 3 credentials data elements, and Medicare or Medicaid sanctions. 4 (c) "Credential" or "credentialing" means the process 5 of assessing and verifying the qualifications of a licensed 6 health care practitioner or applicant for licensure as a 7 health care practitioner. 8 (d) "Credentials verification organization" means any 9 organization certified or accredited as a credentials 10 verification organization. 11 (e) "Department" means the Department of Health, 12 Division of Medical Quality Assurance. 13 (f) "Designated credentials verification organization" 14 means the credentials verification organization which is 15 selected by the health care practitioner, if the health care 16 practitioner chooses to make such a designation. 17 (g) "Drug Enforcement Administration certification" 18 means certification issued by the Drug Enforcement 19 Administration for purposes of administration or prescription 20 of controlled substances. Submission of such certification 21 under this section must include evidence that the 22 certification is current and must also include all current 23 addresses to which the certificate is issued. 24 (h) "Health care entity" means: 25 1. Any health care facility or other health care 26 organization licensed or certified to provide approved medical 27 and allied health services in this state; 28 2. Any entity licensed by the Department of Insurance 29 as a prepaid health care plan or health maintenance 30 organization or as an insurer to provide coverage for health 31 care services through a network of providers or similar 226 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 organization licensed under chapter 627, chapter 636, chapter 2 641, or chapter 651; or 3 3. Any accredited medical school in this state. 4 (i) "Health care practitioner" means any person 5 licensed, or, for credentialing purposes only, any person 6 applying for licensure, under chapter 458, chapter 459, 7 chapter 460, chapter 461, or s. 464.012 or any person licensed 8 or applying for licensure under a chapter subsequently made 9 subject to this section by the department with the approval of 10 the applicable board, except a person registered or applying 11 for registration pursuant to s. 458.345 or s. 459.021. 12 (j) "Hospital or other institutional affiliations" 13 means each hospital or other institution for which the health 14 care practitioner or applicant has provided medical services. 15 Submission of such information under this section must 16 include, for each hospital or other institution, the name and 17 address of the hospital or institution, the staff status of 18 the health care practitioner or applicant at that hospital or 19 institution, and the dates of affiliation with that hospital 20 or institution. 21 (j)(k) "National accrediting organization" means an 22 organization that awards accreditation or certification to 23 hospitals, managed care organizations, credentials 24 verification organizations, or other health care 25 organizations, including, but not limited to, the Joint 26 Commission on Accreditation of Healthcare Organizations, the 27 American Accreditation HealthCare Commission/URAC, and the 28 National Committee for Quality Assurance. 29 (k) "Primary source verification" means verification 30 of professional qualifications based on evidence obtained 31 directly from the issuing source of the applicable 227 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 qualification or from any other source deemed as a primary 2 source for such verification by the department or an 3 accrediting body approved by the department. 4 (l) "Professional training" means any internship, 5 residency, or fellowship relating to the profession for which 6 the health care practitioner is licensed or seeking licensure. 7 (m) "Specialty board certification" means 8 certification in a specialty issued by a specialty board 9 recognized by the board in this state that regulates the 10 profession for which the health care practitioner is licensed 11 or seeking licensure. 12 (3) STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.-- 13 (a) Every health care practitioner shall: 14 1. Report all core credentials data to the department 15 which is not already on file with the department, either by 16 designating a credentials verification organization to submit 17 the data or by submitting the data directly. 18 2. Notify the department within 45 days of any 19 corrections, updates, or modifications to the core credentials 20 data either through his or her designated credentials 21 verification organization or by submitting the data directly. 22 Corrections, updates, and modifications to the core 23 credentials data provided the department under this section 24 shall comply with the updating requirements of s. 456.039(3) 25 or s. 456.0391(3) related to profiling. 26 (b) The department shall: 27 1. Maintain a complete, current file of applicable 28 core credentials data on each health care practitioner, which 29 shall include data provided in accordance with subparagraph 30 (a)1. and all updates provided in accordance with subparagraph 31 (a)2. 228 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 2. Release the core credentials data that is otherwise 2 confidential or exempt from the provisions of chapter 119 and 3 s. 24(a), Art. I of the State Constitution and any 4 corrections, updates, and modifications thereto, if authorized 5 by the health care practitioner. 6 3. Charge a fee to access the core credentials data, 7 which may not exceed the actual cost, including prorated setup 8 and operating costs, pursuant to the requirements of chapter 9 119. 10 4. Develop standardized forms to be used by the health 11 care practitioner or designated credentials verification 12 organization for the initial reporting of core credentials 13 data, for the health care practitioner to authorize the 14 release of core credentials data, and for the subsequent 15 reporting of corrections, updates, and modifications thereto. 16 (c) A registered credentials verification organization 17 may be designated by a health care practitioner to assist the 18 health care practitioner to comply with the requirements of 19 subparagraph (a)2. A designated credentials verification 20 organization shall: 21 1. Timely comply with the requirements of subparagraph 22 (a)2., pursuant to rules adopted by the department. 23 2. Not provide the health care practitioner's core 24 credentials data, including all corrections, updates, and 25 modifications, without the authorization of the practitioner. 26 (d) This section shall not be construed to restrict in 27 any way the authority of the health care entity to credential 28 and to approve or deny an application for hospital staff 29 membership, clinical privileges, or managed care network 30 participation. 31 (4) DUPLICATION OF DATA PROHIBITED.-- 229 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (a) A health care entity or credentials verification 2 organization is prohibited from collecting or attempting to 3 collect duplicate core credentials data from any health care 4 practitioner if the information is available from the 5 department. This section shall not be construed to restrict 6 the right of any health care entity or credentials 7 verification organization to collect additional information 8 from the health care practitioner which is not included in the 9 core credentials data file. This section shall not be 10 construed to prohibit a health care entity or credentials 11 verification organization from obtaining all necessary 12 attestation and release form signatures and dates. 13 (b) Effective July 1, 2002, a state agency in this 14 state which credentials health care practitioners may not 15 collect or attempt to collect duplicate core credentials data 16 from any individual health care practitioner if the 17 information is already available from the department. This 18 section shall not be construed to restrict the right of any 19 such state agency to request additional information not 20 included in the core credentials credential data file, but 21 which is deemed necessary for the agency's specific 22 credentialing purposes. 23 (5) STANDARDS AND REGISTRATION.--Any credentials 24 verification organization that does business in this state 25 must be fully accredited or certified as a credentials 26 verification organization by a national accrediting 27 organization as specified in paragraph (2)(a) and must 28 register with the department. The department may charge a 29 reasonable registration fee, not to exceed an amount 30 sufficient to cover its actual expenses in providing and 31 enforcing such registration. The department shall establish by 230 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 rule for biennial renewal of such registration. Failure by a 2 registered credentials verification organization to maintain 3 full accreditation or certification, to provide data as 4 authorized by the health care practitioner, to report to the 5 department changes, updates, and modifications to a health 6 care practitioner's records within the time period specified 7 in subparagraph (3)(a)2., or to comply with the prohibition 8 against collection of duplicate core credentials data from a 9 practitioner may result in denial of an application for 10 renewal of registration or in revocation or suspension of a 11 registration. 12 (6) PRIMARY SOURCE VERIFIED DATA.--Health care 13 entities and credentials verification organizations may rely 14 upon any data that has been primary source verified by the 15 department or its designee to meet primary source verification 16 requirements of national accrediting organizations. 17 (7)(6) LIABILITY.--No civil, criminal, or 18 administrative action may be instituted, and there shall be no 19 liability, against any registered credentials verification 20 organization or health care entity on account of its reliance 21 on any data obtained directly from the department. 22 (8)(7) LIABILITY INSURANCE REQUIREMENTS.--Each 23 credentials verification organization doing business in this 24 state shall maintain liability insurance appropriate to meet 25 the certification or accreditation requirements established in 26 this section. 27 (9)(8) RULES.--The department shall adopt rules 28 necessary to develop and implement the standardized core 29 credentials data collection program established by this 30 section. 31 Section 90. Section 232.61, Florida Statutes, is 231 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 amended to read: 2 232.61 Governing organization for athletics; adoption 3 of bylaws.-- 4 (1) The organization shall adopt bylaws that, unless 5 specifically provided by statute, establish eligibility 6 requirements for all students who participate in high school 7 athletic competition in its member schools. The bylaws 8 governing residence and transfer shall allow the student to be 9 eligible in the school in which he or she first enrolls each 10 school year, or makes himself or herself a candidate for an 11 athletic team by engaging in a practice prior to enrolling in 12 any member school. The student shall be eligible in that 13 school so long as he or she remains enrolled in that school. 14 Subsequent eligibility shall be determined and enforced 15 through the organization's bylaws. 16 (2) The organization shall also adopt bylaws that 17 specifically prohibit the recruiting of students for athletic 18 purposes. The bylaws shall prescribe penalties and an appeals 19 process for athletic recruiting violations. 20 (3) The organization shall adopt bylaws that require 21 all students participating in interscholastic athletic 22 competition or who are candidates for an interscholastic 23 athletic team to satisfactorily pass a medical evaluation each 24 year prior to participating in interscholastic athletic 25 competition or engaging in any practice, tryout, workout, or 26 other physical activity associated with the student's 27 candidacy for an interscholastic athletic team. Such medical 28 evaluation can only be administered by a practitioner licensed 29 under the provisions of chapter 458, chapter 459, chapter 460, 30 or s. 464.012, and in good standing with the practitioner's 31 regulatory board. The bylaws shall establish requirements for 232 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 eliciting a student's medical history and performing the 2 medical evaluation required under this subsection, which shall 3 include minimum standards for the physical capabilities 4 necessary for participation in interscholastic athletic 5 competition as contained in a uniform preparticipation 6 physical evaluation form. The evaluation form shall provide 7 place for the signature of the practitioner performing the 8 evaluation with an attestation that each examination procedure 9 listed on the form was performed by the practitioner or by 10 someone under the direct supervision of the practitioner. The 11 form shall also contain a place for the practitioner to 12 indicate if a referral to another practitioner was made in 13 lieu of completion of a certain examination procedure. The 14 form shall provide a place for the practitioner to whom the 15 student was referred to complete the remaining sections and 16 attest to that portion of the examination. Practitioners 17 administering medical evaluations pursuant to this section 18 must know the minimum standards established by the 19 organization and certify that the student meets the standards. 20 If the practitioner determines that there are any abnormal 21 findings in the cardiovascular system, the student may not 22 participate unless a subsequent EKG or other cardiovascular 23 assessment indicates that the abnormality will not place the 24 student at risk during such participation. Results of such 25 medical evaluation must be provided to the school. No student 26 shall be eligible to participate in any interscholastic 27 athletic competition or engage in any practice, tryout, 28 workout, or other physical activity associated with the 29 student's candidacy for an interscholastic athletic team until 30 the results of the medical evaluation verifying that the 31 student has satisfactorily passed the evaluation have been 233 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 received and approved by the school. 2 (4) Notwithstanding the provisions of subsection (3), 3 a student may participate in interscholastic athletic 4 competition or be a candidate for an interscholastic athletic 5 team if the parent or guardian of the student objects in 6 writing to the student undergoing a medical evaluation because 7 such evaluation is contrary to his or her religious tenets or 8 practices, provided that no person or entity shall be held 9 liable for any injury or other damages suffered by such 10 student. 11 Section 91. Section 240.4075, Florida Statutes, is 12 amended to read: 13 240.4075 Nursing Student Loan Forgiveness Program.-- 14 (1) To encourage qualified personnel to seek 15 employment in areas of this state in which critical nursing 16 shortages exist, there is established the Nursing Student Loan 17 Forgiveness Program. The primary function of the program is 18 to increase employment and retention of registered nurses and 19 licensed practical nurses in nursing homes and hospitals in 20 the state and in state-operated medical and health care 21 facilities, public schools, birth centers, and federally 22 sponsored community health centers and teaching hospitals by 23 making repayments toward loans received by students from 24 federal or state programs or commercial lending institutions 25 for the support of postsecondary study in accredited or 26 approved nursing programs. 27 (2) To be eligible, a candidate must have graduated 28 from an accredited or approved nursing program and have 29 received a Florida license as a licensed practical nurse or a 30 registered nurse or a Florida certificate as an advanced 31 registered nurse practitioner. 234 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (3) Only loans to pay the costs of tuition, books, and 2 living expenses shall be covered, at an amount not to exceed 3 $4,000 for each year of education towards the degree obtained. 4 (4) Receipt of funds pursuant to this program shall be 5 contingent upon continued proof of employment in the 6 designated facilities in this state. Loan principal payments 7 shall be made by the Department of Health Education directly 8 to the federal or state programs or commercial lending 9 institutions holding the loan as follows: 10 (a) Twenty-five percent of the loan principal and 11 accrued interest shall be retired after the first year of 12 nursing; 13 (b) Fifty percent of the loan principal and accrued 14 interest shall be retired after the second year of nursing; 15 (c) Seventy-five percent of the loan principal and 16 accrued interest shall be retired after the third year of 17 nursing; and 18 (d) The remaining loan principal and accrued interest 19 shall be retired after the fourth year of nursing. 20 21 In no case may payment for any nurse exceed $4,000 in any 22 12-month period. 23 (5) There is created the Nursing Student Loan 24 Forgiveness Trust Fund to be administered by the Department of 25 Health Education pursuant to this section and s. 240.4076 and 26 department rules. The Comptroller shall authorize 27 expenditures from the trust fund upon receipt of vouchers 28 approved by the Department of Health Education. All moneys 29 collected from the private health care industry and other 30 private sources for the purposes of this section shall be 31 deposited into the Nursing Student Loan Forgiveness Trust 235 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Fund. Any balance in the trust fund at the end of any fiscal 2 year shall remain therein and shall be available for carrying 3 out the purposes of this section and s. 240.4076. 4 (6) In addition to licensing fees imposed under part I 5 of chapter 464, there is hereby levied and imposed an 6 additional fee of $5, which fee shall be paid upon licensure 7 or renewal of nursing licensure. Revenues collected from the 8 fee imposed in this subsection shall be deposited in the 9 Nursing Student Loan Forgiveness Trust Fund of the Department 10 of Health Education and will be used solely for the purpose of 11 carrying out the provisions of this section and s. 240.4076. 12 Up to 50 percent of the revenues appropriated to implement 13 this subsection may be used for the nursing scholarship 14 program established pursuant to s. 240.4076. 15 (7)(a) Funds contained in the Nursing Student Loan 16 Forgiveness Trust Fund which are to be used for loan 17 forgiveness for those nurses employed by hospitals, birth 18 centers, and nursing homes must be matched on a 19 dollar-for-dollar basis by contributions from the employing 20 institutions, except that this provision shall not apply to 21 state-operated medical and health care facilities, public 22 schools, county health departments, federally sponsored 23 community health centers, or teaching hospitals as defined in 24 s. 408.07, family practice teaching hospitals as defined in s. 25 395.805, or specialty hospitals for children as used in s. 26 409.9119. If in any given fiscal quarter there are 27 insufficient funds in the trust fund to grant all eligible 28 applicant requests, awards shall be based on the following 29 priority of employer: county health departments; federally 30 sponsored community health centers; state-operated medical and 31 health care facilities; public schools; teaching hospitals as 236 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 defined in s. 408.07; family practice teaching hospitals as 2 defined in s. 395.805; specialty hospitals for children as 3 used in s. 409.9119; and other hospitals, birth centers, and 4 nursing homes. 5 (b) All Nursing Student Loan Forgiveness Trust Fund 6 moneys shall be invested pursuant to s. 18.125. Interest 7 income accruing to that portion of the trust fund not matched 8 shall increase the total funds available for loan forgiveness 9 and scholarships. Pledged contributions shall not be eligible 10 for matching prior to the actual collection of the total 11 private contribution for the year. 12 (8) The Department of Health Education may solicit 13 technical assistance relating to the conduct of this program 14 from the Department of Education Health. 15 (9) The Department of Health Education is authorized 16 to recover from the Nursing Student Loan Forgiveness Trust 17 Fund its costs for administering the Nursing Student Loan 18 Forgiveness Program. 19 (10) The Department of Health Education may adopt 20 rules necessary to administer this program. 21 (11) This section shall be implemented only as 22 specifically funded. 23 Section 92. Section 240.4076, Florida Statutes, is 24 amended to read: 25 240.4076 Nursing scholarship program.-- 26 (1) There is established within the Department of 27 Health Education a scholarship program for the purpose of 28 attracting capable and promising students to the nursing 29 profession. 30 (2) A scholarship applicant shall be enrolled as a 31 full-time or part-time student in the upper division of an 237 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 approved nursing program leading to the award of a 2 baccalaureate degree or graduate degree to qualify for a 3 nursing faculty position or as an or any advanced registered 4 nurse practitioner degree or be enrolled as a full-time or 5 part-time student in an approved program leading to the award 6 of an associate degree in nursing or a diploma in nursing. 7 (3) A scholarship may be awarded for no more than 2 8 years, in an amount not to exceed $8,000 per year. However, 9 registered nurses pursuing a graduate degree for a faculty 10 position or to practice as an advanced registered nurse 11 practitioner degree may receive up to $12,000 per year. 12 Beginning July 1, 1998, these amounts shall be adjusted by the 13 amount of increase or decrease in the consumer price index for 14 urban consumers published by the United States Department of 15 Commerce. 16 (4) Credit for repayment of a scholarship shall be as 17 follows: 18 (a) For each full year of scholarship assistance, the 19 recipient agrees to work for 12 months in a faculty position 20 in a college of nursing or community college nursing program 21 in this state or at a health care facility in a medically 22 underserved area as approved by the Department of Health 23 Education. Scholarship recipients who attend school on a 24 part-time basis shall have their employment service obligation 25 prorated in proportion to the amount of scholarship payments 26 received. 27 (b) Eligible health care facilities include nursing 28 homes and hospitals in this state, state-operated medical or 29 health care facilities, public schools, county health 30 departments, federally sponsored community health centers, 31 colleges of nursing in universities in this state, and 238 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 community college nursing programs in this state or teaching 2 hospitals as defined in s. 408.07. The recipient shall be 3 encouraged to complete the service obligation at a single 4 employment site. If continuous employment at the same site is 5 not feasible, the recipient may apply to the department for a 6 transfer to another approved health care facility. 7 (c) Any recipient who does not complete an appropriate 8 program of studies or who does not become licensed shall repay 9 to the Department of Health Education, on a schedule to be 10 determined by the department, the entire amount of the 11 scholarship plus 18 percent interest accruing from the date of 12 the scholarship payment. Moneys repaid shall be deposited into 13 the Nursing Student Loan Forgiveness Trust Fund established in 14 s. 240.4075. However, the department may provide additional 15 time for repayment if the department finds that circumstances 16 beyond the control of the recipient caused or contributed to 17 the default. 18 (d) Any recipient who does not accept employment as a 19 nurse at an approved health care facility or who does not 20 complete 12 months of approved employment for each year of 21 scholarship assistance received shall repay to the Department 22 of Health Education an amount equal to two times the entire 23 amount of the scholarship plus interest accruing from the date 24 of the scholarship payment at the maximum allowable interest 25 rate permitted by law. Repayment shall be made within 1 year 26 of notice that the recipient is considered to be in default. 27 However, the department may provide additional time for 28 repayment if the department finds that circumstances beyond 29 the control of the recipient caused or contributed to the 30 default. 31 (5) Scholarship payments shall be transmitted to the 239 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 recipient upon receipt of documentation that the recipient is 2 enrolled in an approved nursing program. The Department of 3 Health Education shall develop a formula to prorate payments 4 to scholarship recipients so as not to exceed the maximum 5 amount per academic year. 6 (6) The Department of Health Education shall adopt 7 rules, including rules to address extraordinary circumstances 8 that may cause a recipient to default on either the school 9 enrollment or employment contractual agreement, to implement 10 this section and may solicit technical assistance relating to 11 the conduct of this program from the Department of Health. 12 (7) The Department of Health Education is authorized 13 to recover from the Nursing Student Loan Forgiveness Trust 14 Fund its costs for administering the nursing scholarship 15 program. 16 Section 93. All powers, duties, and functions, rules, 17 records, personnel, property, and unexpended balances of 18 appropriations, allocations, or other funds of the Department 19 of Education relating to the Nursing Student Loan Forgiveness 20 Program and the nursing scholarship program are transferred by 21 a type two transfer, as defined in s. 20.06(2), Florida 22 Statutes, to the Department of Health. 23 Section 94. Effective July 1, 2003, section 464.005, 24 Florida Statutes, is amended to read: 25 464.005 Board headquarters.--The board shall maintain 26 its official headquarters in Tallahassee the city in which it 27 has been domiciled for the past 5 years. 28 Section 95. Subsections (1) and (2) of section 29 464.008, Florida Statutes, are amended to read: 30 464.008 Licensure by examination.-- 31 (1) Any person desiring to be licensed as a registered 240 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 nurse or licensed practical nurse shall apply to the 2 department to take the licensure examination. The department 3 shall examine each applicant who: 4 (a) Has completed the application form and remitted a 5 fee set by the board not to exceed $150 and has remitted an 6 examination fee set by the board not to exceed $75 plus the 7 actual per applicant cost to the department for purchase of 8 the examination from the National Council of State Boards of 9 Nursing or a similar national organization. 10 (b) Has provided sufficient information on or after 11 October 1, 1989, which must be submitted by the department for 12 a statewide criminal records correspondence check through the 13 Department of Law Enforcement. 14 (c) Is in good mental and physical health, is a 15 recipient of a high school diploma or the equivalent, and has 16 completed the requirements for graduation from an approved 17 program, or its equivalent as determined by the board, for the 18 preparation of registered nurses or licensed practical nurses, 19 whichever is applicable. Courses successfully completed in a 20 professional nursing program which are at least equivalent to 21 a practical nursing program may be used to satisfy the 22 education requirements for licensure as a licensed practical 23 nurse. 24 (d) Has the ability to communicate in the English 25 language, which may be determined by an examination given by 26 the department. 27 (2) Each applicant who passes the examination and 28 provides proof of meeting the educational requirements 29 specified in subsection (1) graduation from an approved 30 nursing program shall, unless denied pursuant to s. 464.018, 31 be entitled to licensure as a registered professional nurse or 241 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 a licensed practical nurse, whichever is applicable. 2 Section 96. Section 464.009, Florida Statutes, is 3 amended to read: 4 464.009 Licensure by endorsement.-- 5 (1) The department shall issue the appropriate license 6 by endorsement to practice professional or practical nursing 7 to an applicant who, upon applying to the department and 8 remitting a fee set by the board not to exceed $100, 9 demonstrates to the board that he or she: 10 (a) Holds a valid license to practice professional or 11 practical nursing in another state of the United States, 12 provided that, when the applicant secured his or her original 13 license, the requirements for licensure were substantially 14 equivalent to or more stringent than those existing in Florida 15 at that time; or 16 (b) Meets the qualifications for licensure in s. 17 464.008 and has successfully completed a state, regional, or 18 national examination which is substantially equivalent to or 19 more stringent than the examination given by the department. 20 (2) Such examinations and requirements from other 21 states shall be presumed to be substantially equivalent to or 22 more stringent than those in this state. Such presumption 23 shall not arise until January 1, 1980. However, the board may, 24 by rule, specify states the examinations and requirements of 25 which shall not be presumed to be substantially equivalent to 26 those of this state. 27 (3) The applicant must submit to the department a set 28 of fingerprints on a form and under procedures specified by 29 the department, along with a payment in an amount equal to the 30 costs incurred by the Department of Health for the criminal 31 background check of the applicant. The Department of Health 242 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 shall submit the fingerprints provided by the applicant to the 2 Florida Department of Law Enforcement for a statewide criminal 3 history check, and the Florida Department of Law Enforcement 4 shall forward the fingerprints to the Federal Bureau of 5 Investigation for a national criminal history check of the 6 applicant. The Department of Health shall review the results 7 of the criminal history check, issue a license to an applicant 8 who has met all of the other requirements for licensure and 9 has no criminal history, and shall refer all applicants with 10 criminal histories back to the board for determination as to 11 whether a license should be issued and under what conditions. 12 (4)(3) The department shall not issue a license by 13 endorsement to any applicant who is under investigation in 14 another state for an act which would constitute a violation of 15 this part or chapter 456 until such time as the investigation 16 is complete, at which time the provisions of s. 464.018 shall 17 apply. 18 (5) The department shall develop an electronic 19 applicant notification process and provide electronic 20 notification when the application has been received and when 21 background screenings have been completed, and shall issue a 22 license within 30 days after completion of all required data 23 collection and verification. This 30-day period to issue a 24 license shall be tolled if the applicant must appear before 25 the board due to information provided on the application or 26 obtained through screening and data collection and 27 verification procedures. 28 Section 97. Section 464.0195, Florida Statutes, is 29 created to read: 30 464.0195 Florida Center for Nursing; goals.--There is 31 established the Florida Center for Nursing to address issues 243 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 of supply and demand for nursing, including issues of 2 recruitment, retention, and utilization of nurse workforce 3 resources. The Legislature finds that the center will repay 4 the state's investment by providing an ongoing strategy for 5 the allocation of the state's resources directed towards 6 nursing. The primary goals for the center shall be to: 7 (1) Develop a strategic statewide plan for nursing 8 manpower in this state by: 9 (a) Establishing and maintaining a database on nursing 10 supply and demand in the state, to include current supply and 11 demand, and future projections; and 12 (b) Selecting from the plan priorities to be 13 addressed. 14 (2) Convene various groups representative of nurses, 15 other health care providers, business and industry, consumers, 16 legislators, and educators to: 17 (a) Review and comment on data analysis prepared for 18 the center; 19 (b) Recommend systemic changes, including strategies 20 for implementation of recommended changes; and 21 (c) Evaluate and report the results of these efforts 22 to the Legislature and others. 23 (3) Enhance and promote recognition, reward, and 24 renewal activities for nurses in the state by: 25 (a) Promoting nursing excellence programs such as 26 magnet recognition by the American Nurses Credentialing 27 Center; 28 (b) Proposing and creating additional reward, 29 recognition, and renewal activities for nurses; and 30 (c) Promoting media and positive image-building 31 efforts for nursing. 244 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 98. Section 464.0196, Florida Statutes, is 2 created to read: 3 464.0196 Florida Center for Nursing; board of 4 directors.-- 5 (1) The Florida Center for Nursing shall be governed 6 by a policy-setting board of directors. The board shall 7 consist of 16 members, with a simple majority of the board 8 being nurses representative of various practice areas. Other 9 members shall include representatives of other health care 10 professions, business and industry, health care providers, and 11 consumers. The members of the board shall be appointed by the 12 Governor as follows: 13 (a) Four members recommended by the President of the 14 Senate, at least one of whom shall be a registered nurse 15 recommended by the Florida Organization of Nurse Executives 16 and at least one other representative of the hospital industry 17 recommended by the Florida Hospital Association; 18 (b) Four members recommended by the Speaker of the 19 House of Representatives, at least one of whom shall be a 20 registered nurse recommended by the Florida Nurses Association 21 and at least one other representative of the long-term care 22 industry; 23 (c) Four members recommended by the Governor, two of 24 whom shall be registered nurses; and 25 (d) Four nurse educators recommended by the State 26 Board of Education, one of whom shall be a dean of a College 27 of Nursing at a state university, one other shall be a 28 director of a nursing program in a state community college. 29 (2) The initial terms of the members shall be as 30 follows: 31 (a) Of the members appointed pursuant to paragraph 245 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (1)(a), two shall be appointed for terms expiring June 30, 2 2005, one for a term expiring June 30, 2004, and one for a 3 term expiring June 30, 2003. 4 (b) Of the members appointed pursuant to paragraph 5 (1)(b), one shall be appointed for a term expiring June 30, 6 2005, two for terms expiring June 30, 2004, and one for a term 7 expiring June 20, 2003. 8 (c) Of the members appointed pursuant to paragraph 9 (1)(c), one shall be appointed for a term expiring June 30, 10 2005, one for a term expiring June 30, 2004, and two for terms 11 expiring June 30, 2003. 12 (d) Of the members appointed pursuant to paragraph 13 (1)(d), the terms of two members recommended by the State 14 Board of Education shall expire June 30, 2005; the term of the 15 member who is a dean of a College of Nursing at a state 16 university shall expire June 30, 2004; and the term of the 17 member who is a director of a state community college nursing 18 program shall expire June 30, 2003. 19 20 After the initial appointments expire, the terms of all the 21 members shall be for 3 years, with no member serving more than 22 two consecutive terms. 23 (3) The board shall have the following powers and 24 duties: 25 (a) To employ an executive director. 26 (b) To determine operational policy. 27 (c) To elect a chair and officers, to serve 2-year 28 terms. The chair and officers may not succeed themselves. 29 (d) To establish committees of the board as needed. 30 (e) To appoint a multidisciplinary advisory council 31 for input and advice on policy matters. 246 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (f) To implement the major functions of the center as 2 established in the goals set out in s. 464.0195. 3 (g) To seek and accept nonstate funds for sustaining 4 the center and carrying out center policy. 5 (4) The members of the board are entitled to receive 6 per diem and allowances prescribed by law for state boards and 7 commissions. 8 Section 99. Section 464.0197, Florida Statutes, is 9 created to read: 10 464.0197 Florida Center for Nursing; state budget 11 support.--The Legislature finds that it is imperative that the 12 state protect its investment and progress made in nursing 13 efforts to date. The Legislature finds that the Florida Center 14 for Nursing is the appropriate means to do so. The center 15 shall have state budget support for its operations so that it 16 may have adequate resources for the tasks the Legislature has 17 set out in s. 464.0195. 18 Section 100. The Board of Nursing within the 19 Department of Health shall hold in abeyance until July 1, 20 2002, the development of any rule pursuant to s. 464.019(2), 21 Florida Statutes, which relates to the establishment of 22 faculty/student clinical ratios. The Board of Nursing and the 23 Department of Education shall submit to the President of the 24 Senate and the Speaker of the House of Representatives by 25 December 31, 2001, an implementation plan that details both 26 the impact and the cost of any such proposed rule change. 27 Section 101. Subsection (1) of section 464.0205, 28 Florida Statutes, is amended to read: 29 464.0205 Retired volunteer nurse certificate.-- 30 (1) Any retired practical or registered nurse desiring 31 to serve indigent, underserved, or critical need populations 247 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 in this state may apply to the department for a retired 2 volunteer nurse certificate by providing: 3 (a) A complete application. 4 (b) An application and processing fee of $25. 5 (b)(c) Verification that the applicant had been 6 licensed to practice nursing in any jurisdiction in the United 7 States for at least 10 years, had retired or plans to retire, 8 intends to practice nursing only pursuant to the limitations 9 provided by the retired volunteer nurse certificate, and has 10 not committed any act that would constitute a violation under 11 s. 464.018(1). 12 (c)(d) Proof that the applicant meets the requirements 13 for licensure under s. 464.008 or s. 464.009. 14 Section 102. The Florida Legislature's Office of 15 Program Policy Analysis and Government Accountability shall 16 study the feasibility of maintaining the entire Medical 17 Quality Assurance function, including enforcement, within one 18 department, as recommended by the Auditor General in 19 Operational Report Number 01-063. The study shall be completed 20 and a report issued to the Legislature on or before November 21 30, 2001. 22 Section 103. Effective October 1, 2001, section 23 456.0375, Florida Statutes, is created to read: 24 456.0375 Registration of certain clinics; 25 requirements; discipline; exemptions.-- 26 (1)(a) As used in this section, the term "clinic" 27 means a business operating in a single structure or facility 28 or group of adjacent structures or facilities operating under 29 the same business name or management at which health care 30 services are provided to individuals and which tenders charges 31 for reimbursement for such services. 248 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (b) For purposes of this section, the term "clinic" 2 does not include and the registration requirements in this 3 section do not apply to: 4 1. Entities licensed or registered by the state 5 pursuant to chapter 390, chapter 394, chapter 395, chapter 6 397, chapter 400, chapter 463, chapter 465, chapter 466, 7 chapter 478, chapter 480, or chapter 484. 8 2. Entities exempt from federal taxation under 26 9 U.S.C. s. 501(c)(3). 10 3. Sole proprietorships, group practices, 11 partnerships, or corporations which provide health care 12 services by licensed health care practitioners pursuant to 13 chapter 457, chapter 458, chapter 459, chapter 460, chapter 14 461, chapter 462, chapter 463, chapter 466, chapter 467, 15 chapter 484, chapter 486, chapter 490, or chapter 491; part I, 16 part III, part X, part XIII, or part XIV of chapter 468; or s. 17 464.012, which are wholly owned by licensed health care 18 practitioners or wholly owned by licensed health care 19 practitioners and the spouse, parent, or child of a licensed 20 health care practitioner, so long as one of the owners who is 21 a licensed health care practitioner is supervising the 22 services performed therein and is legally responsible for the 23 entity's compliance with all federal and state laws. However, 24 no health care practitioner may supervise services beyond the 25 scope of the practitioner's license. 26 (2)(a) Every clinic, as defined in paragraph (1)(a), 27 must register, and at all times maintain a valid registration, 28 with the department. Each clinic location must be registered 29 separately even though operated under the same business name 30 or management, and each clinic must appoint a medical director 31 or clinic director. 249 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (b) The department shall adopt rules necessary to 2 administer the registration program, including rules 3 establishing the specific registration procedures, forms, and 4 fees. Registration may be conducted electronically. 5 Registration fees must be calculated to reasonably cover the 6 cost of registration and must be of such amount that the total 7 fees collected do not exceed the cost of administering and 8 enforcing compliance with this section. The registration 9 program must require: 10 1. The clinic to file the registration form with the 11 department within 60 days after the effective date of this 12 section or prior to the inception of operation. The 13 registration expires automatically 2 years after its date of 14 issuance and must be renewed biennially thereafter. 15 2. The registration form to contain the name, 16 residence, and business address, phone number, and license 17 number of the medical director or clinic director for the 18 clinic. 19 3. The clinic to display the registration certificate 20 in a conspicuous location within the clinic which is readily 21 visible to all patients. 22 (3)(a) Each clinic must employ or contract with a 23 physician maintaining a full and unencumbered physician 24 license in accordance with chapter 458, chapter 459, chapter 25 460, or chapter 461 to serve as the medical director. However, 26 if the clinic is limited to providing health care services 27 pursuant to chapter 457, chapter 484, chapter 486, chapter 28 490, or chapter 491 or part I, part III, part X, part XIII, or 29 part XIV of chapter 468, the clinic may appoint a health care 30 practitioner licensed under that chapter to serve as the 31 clinic director who is responsible for the clinic's 250 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 activities. A health care practitioner may not serve as the 2 clinic director if the services provided at the clinic are 3 beyond the scope of that practitioner's license. 4 (b) The medical director or clinic director must agree 5 in writing to accept responsibility for the following 6 activities on behalf of the clinic. The medical director or 7 the clinic director shall: 8 1. Have signs identifying the medical director or 9 clinic director posted in a conspicuous location within the 10 clinic which is readily visible to all patients. 11 2. Ensure that all practitioners providing health care 12 services or supplies to patients maintain a current, active, 13 and unencumbered Florida license. 14 3. Review any patient-referral contracts or agreements 15 executed by the clinic. 16 4. Ensure that all health care practitioners at the 17 clinic have active appropriate certification or licensure for 18 the level of care being provided. 19 5. Serve as the clinic records owner as defined in s. 20 456.057. 21 6. Ensure compliance with the recordkeeping, office 22 surgery, and adverse incident reporting requirements of 23 chapter 456, the respective practice acts, and the rules 24 adopted thereunder. 25 7. Conduct systematic reviews of clinic billings to 26 ensure that the billings are not fraudulent or unlawful. Upon 27 discovery of an unlawful charge, the medical director or 28 clinic director must take immediate corrective action. 29 (c) Any contract to serve as a medical director or 30 clinic director entered into or renewed by a physician or 31 licensed health care practitioner in violation of this section 251 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 is void as contrary to public policy. This section applies to 2 contracts entered into or renewed on or after the effective 3 date of this section. 4 (d) The department, in consultation with the boards, 5 shall adopt rules specifying limitations on the number of 6 registered clinics and licensees for which a medical director 7 or clinic director may assume responsibility for purposes of 8 this section. In determining the quality of supervision a 9 medical director or clinic director can provide, the 10 department shall consider the number of clinic employees, the 11 clinic location, and the services provided by the clinic. 12 (4)(a) All charges or reimbursement claims made by or 13 on behalf of a clinic that is required to be registered under 14 this section but that is not so registered are unlawful 15 charges and therefore are noncompensable and unenforceable. 16 (b) Any person establishing, operating, or managing an 17 unregistered clinic otherwise required to be registered under 18 this section commits a felony of the third degree, punishable 19 as provided in s. 775.082, s. 775.083, or s. 775.084. 20 (c) Any licensed health care practitioner who violates 21 this section is subject to discipline in accordance with this 22 chapter and the respective practice act. 23 (d) The department shall revoke the registration of 24 any clinic registered under this section for operating in 25 violation of the requirements of this section or the rules 26 adopted pursuant to this section. 27 (e) The department shall investigate allegations of 28 noncompliance with this section and the rules adopted pursuant 29 to this section. 30 Section 104. The sum of $100,000 is appropriated from 31 the registration fees collected from clinics pursuant to s. 252 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 456.0375, Florida Statutes, and one-half of one full-time 2 equivalent position is authorized, to the Department of Health 3 for the purposes of regulating medical clinics pursuant to s. 4 456.0375, Florida Statutes. The appropriated funds shall be 5 deposited into the Medical Quality Assurance Trust Fund. 6 Section 105. Subsection (3) of section 456.031, 7 Florida Statutes, is amended to read: 8 456.031 Requirement for instruction on domestic 9 violence.-- 10 (3)(a) In lieu of completing a course as required in 11 subsection (1), a licensee or certificateholder may complete a 12 course in end-of-life care and palliative health care, if the 13 licensee or certificateholder has completed an approved 14 domestic violence course in the immediately preceding 15 biennium. 16 (b) In lieu of completing a course as required by 17 subsection (1), a person licensed under chapter 466 who has 18 completed an approved domestic-violence education course in 19 the immediately preceding 2 years may complete a course 20 approved by the Board of Dentistry. 21 Section 106. Subsection (9) of section 456.033, 22 Florida Statutes, is amended to read: 23 456.033 Requirement for instruction for certain 24 licensees on human immunodeficiency virus and acquired immune 25 deficiency syndrome.-- 26 (9)(a) In lieu of completing a course as required in 27 subsection (1), the licensee may complete a course in 28 end-of-life care and palliative health care, so long as the 29 licensee completed an approved AIDS/HIV course in the 30 immediately preceding biennium. 31 (b) In lieu of completing a course as required by 253 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 subsection (1), a person licensed under chapter 466 who has 2 completed an approved AIDS/HIV course in the immediately 3 preceding 2 years may complete a course approved by the Board 4 of Dentistry. 5 Section 107. (1) Subsection (9) is added to section 6 627.419, Florida Statutes, to read: 7 627.419 Construction of policies.-- 8 (9) With respect to any group or individual insurer 9 covering dental services, each claimant, or dentist acting for 10 a claimant, who has had a claim denied as not medically or 11 dentally necessary or who has had a claim payment based on an 12 alternate dental service in accordance with accepted dental 13 standards for adequate and appropriate care must be provided 14 an opportunity for an appeal to the insurer's licensed dentist 15 who is responsible for the medical necessity reviews under the 16 plan or is a member of the plan's peer review group. The 17 appeal may be by telephone, and the insurer's dentist must 18 respond within a reasonable time, not to exceed 15 business 19 days. 20 (2) This section shall apply to policies issued or 21 renewed on or after July 1, 2001. 22 Section 108. Paragraph (d) of subsection (3) and 23 paragraph (c) of subsection (6) of section 468.302, Florida 24 Statutes, are amended to read: 25 468.302 Use of radiation; identification of certified 26 persons; limitations; exceptions.-- 27 (3) Requirement for certification does not apply to: 28 (d) A person holding a certificate as a general 29 radiographer may not perform nuclear medicine and radiation 30 therapy procedures. A general radiographer may participate in 31 additional approved programs as provided by rule of the 254 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 department. However, a person who is a general radiographer 2 certified pursuant to this part who is trained and skilled in 3 radiologic technology procedures appropriate to managing 4 patients in the course of radiation therapy treatment and who 5 provides these services while assisting a person registered 6 with the American Registry of Radiologic Technologists in 7 radiation therapy under the general supervision of a physician 8 licensed under chapter 458 or chapter 459 who is trained and 9 skilled in performing radiation therapy treatments, may assist 10 in providing radiation therapy procedures. Such persons must 11 successfully complete a training program in the following 12 areas before performing radiologic technology duties: 13 1. Principles of radiation therapy treatment; 14 2. Biological effects of radiation; 15 3. Radiation exposure and monitoring; 16 4. Radiation safety and protection; 17 5. Evaluation and handling of radiographic treatment 18 equipment and accessories; and 19 6. Patient positioning for radiation therapy 20 treatment. 21 (6) Requirement for certification does not apply to: 22 (c) A person who is trained and skilled in invasive 23 cardiovascular cardiopulmonary technology, including the 24 radiologic technology duties associated with these procedures, 25 and who provides invasive cardiovascular cardiopulmonary 26 technology services at the direction, and under the direct 27 supervision, of a licensed practitioner who is trained and 28 skilled in performing invasive cardiovascular procedures. Such 29 persons must have successfully completed a didactic and 30 clinical training program in the following areas before 31 performing radiologic technology duties: 255 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 1. Principles of X-ray production and equipment 2 operation. 3 2. Biological effects of radiation. 4 3. Radiation exposure and monitoring. 5 4. Radiation safety and protection. 6 5. Evaluation of radiographic equipment and 7 accessories. 8 6. Radiographic exposure and technique factors. 9 7. Film processing. 10 8. Image quality assurance. 11 9. Patient positioning. 12 10. Administration and complications of contrast 13 media. 14 11. Specific fluoroscopic and digital X-ray imaging 15 procedures related to invasive cardiovascular technology. 16 Section 109. Subsections (8) and (9) of section 17 468.352, Florida Statutes, are amended to read: 18 468.352 Definitions.--As used in this part, unless the 19 context otherwise requires, the term: 20 (8) "Registered respiratory therapist" means any 21 person licensed pursuant to this part who is employed to 22 deliver respiratory care services under the order of a 23 physician licensed pursuant to chapter 458 or chapter 459, and 24 in accordance with protocols established by a hospital, other 25 health care provider, or the board, and who functions in 26 situations of unsupervised patient contact requiring 27 individual judgment. 28 (9) "Certified respiratory therapist" or "respiratory 29 care practitioner" means any person licensed pursuant to this 30 part who is employed to deliver respiratory care services 31 under the order of a physician licensed pursuant to chapter 256 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 458 or chapter 459, and in accordance with protocols 2 established by a hospital, other health care provider, or the 3 board. 4 Section 110. Subsections (1) and (2) of section 5 468.355, Florida Statutes, are amended to read: 6 468.355 Eligibility for licensure; temporary 7 licensure.-- 8 (1) To be eligible for licensure by the board as a 9 certified respiratory therapist respiratory care practitioner, 10 an applicant must: 11 (a) Be at least 18 years old. 12 (b) Possess a high school diploma or a graduate 13 equivalency diploma. 14 (c) Meet at least one of the following criteria: 15 1. The applicant has successfully completed a training 16 program for respiratory therapy technicians or respiratory 17 therapists approved by the Commission on Accreditation of 18 Allied Health Education Programs, or the equivalent thereof, 19 as accepted by the board. 20 2. The applicant is currently a "Certified Respiratory 21 Therapist Therapy Technician" certified by the National Board 22 for Respiratory Care, or the equivalent thereof, as accepted 23 by the board. 24 3. The applicant is currently a "Registered 25 Respiratory Therapist" registered by the National Board for 26 Respiratory Care, or the equivalent thereof, as accepted by 27 the board. 28 29 The criteria set forth in subparagraphs 2. and 3. 30 notwithstanding, the board shall periodically review the 31 examinations and standards of the National Board for 257 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Respiratory Care and may reject those examinations and 2 standards if they are deemed inappropriate. 3 (2) To be eligible for licensure by the board as a 4 registered respiratory therapist, an applicant must: 5 (a) Be at least 18 years old. 6 (b) Possess a high school diploma or a graduate 7 equivalency diploma. 8 (c) Meet at least one of the following criteria: 9 1. The applicant has successfully completed a training 10 program for registered respiratory therapists approved by the 11 Commission on Accreditation of Allied Health Education 12 Programs, or the equivalent thereof, as accepted by the board. 13 2. The applicant is currently a "Registered 14 Respiratory Therapist" registered by the National Board for 15 Respiratory Care, or the equivalent thereof, as accepted by 16 the board. 17 18 The criteria set forth in subparagraphs 1. and 2. 19 notwithstanding, the board shall periodically review the 20 examinations and standards of the National Board for 21 Respiratory Care and may reject those examinations and 22 standards if they are deemed inappropriate. 23 Section 111. Section 468.357, Florida Statutes, is 24 amended to read: 25 468.357 Licensure by examination.-- 26 (1) A person who desires to be licensed as a certified 27 respiratory therapist respiratory care practitioner may submit 28 an application to take the examination, in accordance with 29 board rule. 30 (a) Each applicant may take the examination who is 31 determined by the board to have: 258 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 1. Completed the application form and remitted the 2 applicable fee set by the board; 3 2. Submitted required documentation as required in s. 4 468.355; and 5 3. Remitted an examination fee set by the examination 6 provider. 7 (b) Examinations for licensure of certified 8 respiratory therapist respiratory care practitioners must be 9 conducted no less than two times a year in such geographical 10 locations or by such methods as are deemed advantageous to the 11 majority of the applicants. 12 (c) The examination given for certified respiratory 13 therapist respiratory care practitioners shall be the same as 14 that given by the National Board for Respiratory Care for 15 entry-level certification of respiratory therapists therapy 16 technicians. However, an equivalent examination may be 17 accepted by the board in lieu of that examination. 18 (2) Each applicant who passes the examination shall be 19 entitled to licensure as a certified respiratory therapist 20 respiratory care practitioner, and the department shall issue 21 a license pursuant to this part to any applicant who 22 successfully completes the examination in accordance with this 23 section. However, the department shall not issue a license to 24 any applicant who is under investigation in another 25 jurisdiction for an offense which would constitute a violation 26 of this part. Upon completion of such an investigation, if the 27 applicant is found guilty of such an offense, the applicable 28 provisions of s. 468.365 will apply. 29 Section 112. Subsections (1) and (2) of section 30 468.358, Florida Statutes, are amended to read: 31 468.358 Licensure by endorsement.-- 259 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 (1) Licensure as a certified respiratory therapist 2 respiratory care practitioner shall be granted by endorsement 3 to an individual who holds the "Certified Respiratory 4 Therapist Therapy Technician" credential issued by the 5 National Board for Respiratory Care or an equivalent 6 credential acceptable to the board. Licensure by this 7 mechanism requires verification by oath and submission of 8 evidence satisfactory to the board that such credential is 9 held. 10 (2) Licensure as a registered respiratory therapist 11 shall be granted by endorsement to an individual who holds the 12 "Registered Respiratory Therapist" credential issued by the 13 National Board for Respiratory Care or an equivalent 14 credential acceptable to the board. Licensure by this 15 mechanism requires verification by oath and submission of 16 evidence satisfactory to the board that such credential is 17 held. 18 Section 113. Section 468.359, Florida Statutes, is 19 amended to read: 20 468.359 Assumption of title and use of 21 abbreviations.-- 22 (1) Only persons who are licensed pursuant to this 23 part as respiratory care practitioners have the right to use 24 the title "Respiratory Care Practitioner" and the abbreviation 25 "RCP." 26 (2) Only persons who are licensed pursuant to this 27 part as registered respiratory therapists have the right to 28 use the title "Registered Respiratory Therapist" and the 29 abbreviation "RRT," when delivering services pursuant to this 30 part provided such persons have passed the Registry 31 Examination for Respiratory Therapists given by the National 260 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Board for Respiratory Care. 2 (3) Only persons who are licensed pursuant to this 3 part as certified respiratory therapists have the right to use 4 the title "Certified Respiratory Therapist" and the 5 abbreviation "CRT" when delivering services pursuant to this 6 part. graduates of board-approved programs for respiratory 7 care practitioners may use the term "Graduate Respiratory 8 Therapy Technician" and the abbreviation "GRTT." 9 (4) Only persons who are graduates of board-approved 10 programs for respiratory therapists may use the term "Graduate 11 Respiratory Therapist" and the abbreviation "GRT." 12 (4)(5) No person in this state shall deliver 13 respiratory care services; advertise as, or assume the title 14 of, respiratory care practitioner, certified respiratory 15 therapist, or registered respiratory therapist; or use the 16 abbreviation "RCP," "CRT," or "RRT" that would lead the public 17 to believe that such person is licensed pursuant to this part 18 unless such person is so licensed; or take any other action 19 that would lead the public to believe that such person is 20 licensed pursuant to this part unless such person is so 21 licensed. 22 Section 114. Subsections (2), (3), and (4) of section 23 468.1155, Florida Statutes, are amended to read: 24 468.1155 Provisional license; requirements.-- 25 (2) The department shall issue a provisional license 26 to practice speech-language pathology to each applicant who 27 the board certifies has: 28 (a) Completed the application form and remitted the 29 required fees, including a nonrefundable application fee. 30 (b) Received a master's degree or is currently 31 enrolled in a doctoral degree program with a major emphasis in 261 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 speech-language pathology from an institution of higher 2 learning which is, or at the time the applicant was enrolled 3 and graduated, was, accredited by an accrediting agency 4 recognized by the Council for Higher Education Commission on 5 Recognition of Postsecondary Accreditation or from an 6 institution which is publicly recognized as a member in good 7 standing with the Association of Universities and Colleges of 8 Canada. An applicant who graduated from or is currently 9 enrolled in a program at a university or college outside the 10 United States or Canada must present documentation of the 11 determination of equivalency to standards established by the 12 Council for Higher Education Commission on Recognition of 13 Postsecondary Accreditation in order to qualify. The 14 applicant must have completed 60 semester hours that include: 15 1. Fundamental information applicable to the normal 16 development and use of speech, hearing, and language; 17 information about training in management of speech, hearing, 18 and language disorders; and information supplementary to these 19 fields. 20 2. Six semester hours in audiology. 21 3. Thirty of the required 60 semester hours in courses 22 acceptable toward a graduate degree by the college or 23 university in which these courses were taken, of which 24 24 semester hours must be in speech-language pathology. 25 (c) Completed 300 supervised clinical clock hours with 26 200 clock hours in the area of speech-language pathology or 27 completed the number of clock hours required by an accredited 28 institution meeting national certification standards. The 29 supervised clinical clock hours shall be completed within the 30 training institution or one of its cooperating programs. 31 (3) The department shall issue a provisional license 262 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to practice audiology to each applicant who the board 2 certifies has: 3 (a) Completed the application form and remitted the 4 required fees, including a nonrefundable application fee. 5 (b) Received a master's degree or is currently 6 enrolled in a doctoral degree program with a major emphasis in 7 audiology from an institution of higher learning which is, or 8 at the time the applicant was enrolled and graduated was, 9 accredited by an accrediting agency recognized by the Council 10 for Higher Education Commission on Recognition of 11 Postsecondary Accreditation or from an institution which is 12 publicly recognized as a member in good standing with the 13 Association of Universities and Colleges of Canada. An 14 applicant who graduated from or is currently enrolled in a 15 program at a university or college outside the United States 16 or Canada must present documentation of the determination of 17 equivalency to standards established by the Council for Higher 18 Education Commission on Recognition of Postsecondary 19 Accreditation in order to qualify. The applicant must have 20 completed 60 semester hours that include: 21 1. Fundamental information applicable to the normal 22 development and use of speech, hearing, and language; 23 information about training in management of speech, hearing, 24 and language disorders; and information supplementary to these 25 fields. 26 2. Six semester hours in speech-language pathology. 27 3. Thirty of the required 60 semester hours in courses 28 acceptable toward a graduate degree by the college or 29 university in which these courses were taken, of which 24 30 semester hours must be in audiology. 31 (c) Completed 300 supervised clinical clock hours with 263 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 200 clock hours in the area of audiology or completed the 2 number of clock hours required by an accredited institution 3 meeting national certification standards. The supervised 4 clinical clock hours shall be completed within the training 5 institution or one of its cooperating programs. 6 (4) An applicant for a provisional license who has 7 received a master's degree or is currently enrolled in a 8 doctoral degree program with a major emphasis in 9 speech-language pathology as provided in subsection (2), or 10 audiology as provided in subsection (3), and who seeks 11 licensure in the area in which the applicant is not currently 12 licensed, must have completed 30 semester hours in courses 13 acceptable toward a graduate degree and 200 supervised 14 clinical clock hours in the second discipline from an 15 accredited institution. 16 Section 115. Paragraph (b) of subsection (1) and 17 paragraph (b) of subsection (2) of section 468.1215, Florida 18 Statutes, are amended to read: 19 468.1215 Speech-language pathology assistant and 20 audiology assistant; certification.-- 21 (1) The department shall issue a certificate as a 22 speech-language pathology assistant to each applicant who the 23 board certifies has: 24 (b) Earned a bachelor's degree from a college or 25 university accredited by a regional association of colleges 26 and schools recognized by the Department of Education which 27 includes at least 24 semester hours of coursework as approved 28 by the board at an institution accredited by an accrediting 29 agency recognized by the Council for Higher Education 30 Commission on Recognition of Postsecondary Accreditation. 31 (2) The department shall issue a certificate as an 264 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 audiology assistant to each applicant who the board certifies 2 has: 3 (b) Completed at least 24 semester hours of coursework 4 as approved by the board at an institution accredited by an 5 accrediting agency recognized by the Council for Higher 6 Education Commission on Recognition of Postsecondary 7 Accreditation. 8 Section 116. Subsection (3) of section 480.033, 9 Florida Statutes, is amended to read: 10 480.033 Definitions.--As used in this act: 11 (3) "Massage" means the manipulation of the soft 12 superficial tissues of the human body with the hand, foot, 13 arm, or elbow, whether or not such manipulation is aided by 14 hydrotherapy, including colonic irrigation, or thermal 15 therapy; any electrical or mechanical device; or the 16 application to the human body of a chemical or herbal 17 preparation. 18 Section 117. Subsection (3) of section 484.002, 19 Florida Statutes, is amended, and subsections (8) and (9) are 20 added to that section, to read: 21 484.002 Definitions.--As used in this part: 22 (3) "Opticianry" means the preparation and dispensing 23 of lenses, spectacles, eyeglasses, contact lenses, and other 24 optical devices to the intended user or agent thereof, upon 25 the written prescription of a licensed allopathic or 26 osteopathic physician medical doctor or optometrist who is 27 duly licensed to practice or upon presentation of a duplicate 28 prescription. The selection of frame designs, the actual 29 sales transaction, and the transfer of physical possession of 30 lenses, spectacles, eyeglasses, contact lenses, and other 31 optical devices subsequent to performance of all services of 265 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the optician shall not be considered the practice of 2 opticianry; however, such physical possession shall not be 3 transferred until the optician has completed the fitting of 4 the optical device upon the customer. The practice of 5 opticianry also includes the duplication of lenses accurately 6 as to power, without prescription. A board-certified optician 7 qualified and operating under rules established by the board 8 may fill, fit, adapt, or dispense any soft contact lens 9 prescription. Such optician may fill, fit, adapt, or dispense 10 any extended wear or hard contact lens prescription to the 11 extent authorized to do so by the prescribing allopathic or 12 osteopathic physician medical doctor or optometrist. 13 (8) "Contact lenses" means a prescribed medical device 14 intended to be worn directly against the cornea of the eye to 15 correct vision conditions, act as a therapeutic device, or 16 provide a cosmetic effect. 17 (9) "Optical dispensing" means interpreting but not 18 altering a prescription of a licensed physician or optometrist 19 and designing, adapting, fitting, or replacing the prescribed 20 optical aids, pursuant to such prescription, to or for the 21 intended wearer, duplicating lenses, accurately as to power 22 without a prescription and duplicating nonprescription eyewear 23 and parts of eyewear. "Optical dispensing" does not include 24 selecting frames, transferring an optical aid to the wearer 25 after an optician has completed fitting it, or providing 26 instruction in the general care and use of an optical aid, 27 including placement, removal, hygiene, or cleaning. 28 Section 118. Subsection (2) of section 484.006, 29 Florida Statutes, is amended to read: 30 484.006 Certain rules prohibited.-- 31 (2) No rule or policy of the board shall prohibit any 266 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 optician from practicing jointly with optometrists or 2 allopathic or osteopathic physicians medical doctors licensed 3 in this state. 4 Section 119. Subsections (1) and (2) of section 5 484.012, Florida Statutes, are amended to read: 6 484.012 Prescriptions; filing; duplication of 7 prescriptions; duplication of lenses.-- 8 (1) Any prescription written by a duly licensed 9 allopathic or osteopathic physician medical doctor or 10 optometrist for any lenses, spectacles, eyeglasses, contact 11 lenses, or other optical devices shall be kept on file for a 12 period of 2 years with the optical establishment that fills 13 such prescription. However, the licensed optician may 14 maintain a copy of the prescription. 15 (2) Upon request by the intended user of the 16 prescribed lenses, spectacles, eyeglasses, contact lenses, or 17 other optical devices, or by an agent of the intended user, 18 the optician who fills the original prescription shall 19 duplicate, on a form prescribed by rule of the board, the 20 original prescription. However, for medical reasons only, the 21 prescribing allopathic or osteopathic physician medical doctor 22 or optometrist may, upon the original prescription, prohibit 23 its duplication. Any duplication shall be considered a valid 24 prescription to be filled for a period of 5 years from the 25 date of the original prescription, except that a contact lens 26 prescription shall be considered a valid prescription to be 27 filled for a period of 2 years from the date of the original 28 prescription. 29 Section 120. Section 484.015, Florida Statutes, is 30 amended to read: 31 484.015 Authority to inspect.--Duly authorized agents 267 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 and employees of the department shall have the power to 2 inspect in a lawful manner at all reasonable hours an any 3 establishment of any kind in the state in which lenses, 4 spectacles, eyeglasses, contact lenses, and any other optical 5 devices are prepared or and dispensed, for the purposes of: 6 (1) Determining if any provision of this part, or any 7 rule promulgated under its authority, is being violated; 8 (2) Securing samples or specimens of any lenses, 9 spectacles, eyeglasses, contact lenses, or other optical 10 devices, after paying or offering to pay for such sample or 11 specimen; or 12 (3) Securing such other evidence as may be needed for 13 prosecution under this part. 14 Section 121. Section 484.013, Florida Statutes, is 15 amended to read: 16 484.013 Violations and penalties.-- 17 (1) It is unlawful for any person: 18 (a) To intentionally make a false or fraudulent 19 statement, either for herself or himself or for another 20 person, in any application, affidavit, or statement presented 21 to the board or in any proceeding before the board. 22 (b) To prepare or dispense lenses, spectacles, 23 eyeglasses, contact lenses, or other optical devices when such 24 person is not licensed as an optician in this state. 25 (c) To prepare or dispense lenses, spectacles, 26 eyeglasses, contact lenses, or other optical devices without 27 first being furnished with a prescription as provided for in 28 s. 484.012. 29 (2) It is unlawful for any person other than an 30 optician licensed under this part to use the title "optician" 31 or otherwise lead the public to believe that she or he is 268 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 engaged in the practice of opticianry. 2 (3) It is unlawful for any optician to engage in the 3 diagnosis of the human eyes, attempt to determine the 4 refractive powers of the human eyes, or, in any manner, 5 attempt to prescribe for or treat diseases or ailments of 6 human beings. 7 (4) It is unlawful for any person to open or operate, 8 either alone or with any other person or persons, an optical 9 establishment which does not have the permit required by this 10 part. 11 (5)(a) Except as otherwise provided in paragraph (b), 12 anyAny person who knowingly violates any a provision of this 13 section commits a felony misdemeanor of the third second 14 degree, punishable as provided in s. 775.082, or s. 775.083, 15 or s. 775.084. 16 (b) A person who knowingly violates paragraph (1)(c) 17 commits a felony of the third degree, punishable as provided 18 in s. 775.082, s. 775.083, or s. 775.084. 19 Section 122. Paragraph (g) of subsection (3) of 20 section 921.0022, Florida Statutes, is amended to read: 21 921.0022 Criminal Punishment Code; offense severity 22 ranking chart.-- 23 (3) OFFENSE SEVERITY RANKING CHART 24 25 Florida Felony 26 Statute Degree Description 27 28 (g) LEVEL 7 29 316.193(3)(c)2. 3rd DUI resulting in serious bodily 30 injury. 31 269 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 2 bodily injury. 3 402.319(2) 2nd Misrepresentation and negligence 4 or intentional act resulting in 5 great bodily harm, permanent 6 disfiguration, permanent 7 disability, or death. 8 409.920(2) 3rd Medicaid provider fraud. 9 456.065(2) 3rd Practicing a health care 10 profession without a license. 11 456.065(2) 2nd Practicing a health care 12 profession without a license 13 which results in serious bodily 14 injury. 15 458.327(1) 3rd Practicing medicine without a 16 license. 17 459.013(1) 3rd Practicing osteopathic medicine 18 without a license. 19 460.411(1) 3rd Practicing chiropractic medicine 20 without a license. 21 461.012(1) 3rd Practicing podiatric medicine 22 without a license. 23 462.17 3rd Practicing naturopathy without a 24 license. 25 463.015(1) 3rd Practicing optometry without a 26 license. 27 464.016(1) 3rd Practicing nursing without a 28 license. 29 465.015(2) 3rd Practicing pharmacy without a 30 license. 31 270 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 466.026(1) 3rd Practicing dentistry or dental 2 hygiene without a license. 3 467.201 3rd Practicing midwifery without a 4 license. 5 468.366 3rd Delivering respiratory care 6 services without a license. 7 483.828(1) 3rd Practicing as clinical laboratory 8 personnel without a license. 9 483.901(9) 3rd Practicing medical physics 10 without a license. 11 484.013(1)(c) 3rd Preparing or dispensing optical 12 devices without a prescription. 13 484.053 3rd Dispensing hearing aids without a 14 license. 15 494.0018(2) 1st Conviction of any violation of 16 ss. 494.001-494.0077 in which the 17 total money and property 18 unlawfully obtained exceeded 19 $50,000 and there were five or 20 more victims. 21 560.123(8)(b)1. 3rd Failure to report currency or 22 payment instruments exceeding 23 $300 but less than $20,000 by 24 money transmitter. 25 560.125(5)(a) 3rd Money transmitter business by 26 unauthorized person, currency or 27 payment instruments exceeding 28 $300 but less than $20,000. 29 655.50(10)(b)1. 3rd Failure to report financial 30 transactions exceeding $300 but 31 less than $20,000 by financial 271 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 institution. 2 782.051(3) 2nd Attempted felony murder of a 3 person by a person other than the 4 perpetrator or the perpetrator of 5 an attempted felony. 6 782.07(1) 2nd Killing of a human being by the 7 act, procurement, or culpable 8 negligence of another 9 (manslaughter). 10 782.071 2nd Killing of human being or viable 11 fetus by the operation of a motor 12 vehicle in a reckless manner 13 (vehicular homicide). 14 782.072 2nd Killing of a human being by the 15 operation of a vessel in a 16 reckless manner (vessel 17 homicide). 18 784.045(1)(a)1. 2nd Aggravated battery; intentionally 19 causing great bodily harm or 20 disfigurement. 21 784.045(1)(a)2. 2nd Aggravated battery; using deadly 22 weapon. 23 784.045(1)(b) 2nd Aggravated battery; perpetrator 24 aware victim pregnant. 25 784.048(4) 3rd Aggravated stalking; violation of 26 injunction or court order. 27 784.07(2)(d) 1st Aggravated battery on law 28 enforcement officer. 29 784.08(2)(a) 1st Aggravated battery on a person 65 30 years of age or older. 31 272 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 784.081(1) 1st Aggravated battery on specified 2 official or employee. 3 784.082(1) 1st Aggravated battery by detained 4 person on visitor or other 5 detainee. 6 784.083(1) 1st Aggravated battery on code 7 inspector. 8 790.07(4) 1st Specified weapons violation 9 subsequent to previous conviction 10 of s. 790.07(1) or (2). 11 790.16(1) 1st Discharge of a machine gun under 12 specified circumstances. 13 790.166(3) 2nd Possessing, selling, using, or 14 attempting to use a hoax weapon 15 of mass destruction. 16 796.03 2nd Procuring any person under 16 17 years for prostitution. 18 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 19 victim less than 12 years of age; 20 offender less than 18 years. 21 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 22 victim 12 years of age or older 23 but less than 16 years; offender 24 18 years or older. 25 806.01(2) 2nd Maliciously damage structure by 26 fire or explosive. 27 810.02(3)(a) 2nd Burglary of occupied dwelling; 28 unarmed; no assault or battery. 29 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 30 unarmed; no assault or battery. 31 273 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 810.02(3)(d) 2nd Burglary of occupied conveyance; 2 unarmed; no assault or battery. 3 812.014(2)(a) 1st Property stolen, valued at 4 $100,000 or more; property stolen 5 while causing other property 6 damage; 1st degree grand theft. 7 812.019(2) 1st Stolen property; initiates, 8 organizes, plans, etc., the theft 9 of property and traffics in 10 stolen property. 11 812.131(2)(a) 2nd Robbery by sudden snatching. 12 812.133(2)(b) 1st Carjacking; no firearm, deadly 13 weapon, or other weapon. 14 825.102(3)(b) 2nd Neglecting an elderly person or 15 disabled adult causing great 16 bodily harm, disability, or 17 disfigurement. 18 825.1025(2) 2nd Lewd or lascivious battery upon 19 an elderly person or disabled 20 adult. 21 825.103(2)(b) 2nd Exploiting an elderly person or 22 disabled adult and property is 23 valued at $20,000 or more, but 24 less than $100,000. 25 827.03(3)(b) 2nd Neglect of a child causing great 26 bodily harm, disability, or 27 disfigurement. 28 827.04(3) 3rd Impregnation of a child under 16 29 years of age by person 21 years 30 of age or older. 31 274 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 837.05(2) 3rd Giving false information about 2 alleged capital felony to a law 3 enforcement officer. 4 872.06 2nd Abuse of a dead human body. 5 893.13(1)(c)1. 1st Sell, manufacture, or deliver 6 cocaine (or other drug prohibited 7 under s. 893.03(1)(a), (1)(b), 8 (1)(d), (2)(a), (2)(b), or 9 (2)(c)4.) within 1,000 feet of a 10 child care facility or school. 11 893.13(1)(e)1. 1st Sell, manufacture, or deliver 12 cocaine or other drug prohibited 13 under s. 893.03(1)(a), (1)(b), 14 (1)(d), (2)(a), (2)(b), or 15 (2)(c)4., within 1,000 feet of 16 property used for religious 17 services or a specified business 18 site. 19 893.13(4)(a) 1st Deliver to minor cocaine (or 20 other s. 893.03(1)(a), (1)(b), 21 (1)(d), (2)(a), (2)(b), or 22 (2)(c)4. drugs). 23 893.135(1)(a)1. 1st Trafficking in cannabis, more 24 than 50 lbs., less than 2,000 25 lbs. 26 893.135 27 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 28 grams, less than 200 grams. 29 893.135 30 (1)(c)1.a. 1st Trafficking in illegal drugs, 31 more than 4 grams, less than 14 275 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 grams. 2 893.135 3 (1)(d)1. 1st Trafficking in phencyclidine, 4 more than 28 grams, less than 200 5 grams. 6 893.135(1)(e)1. 1st Trafficking in methaqualone, more 7 than 200 grams, less than 5 8 kilograms. 9 893.135(1)(f)1. 1st Trafficking in amphetamine, more 10 than 14 grams, less than 28 11 grams. 12 893.135 13 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 14 grams or more, less than 14 15 grams. 16 893.135 17 (1)(h)1.a. 1st Trafficking in 18 gamma-hydroxybutyric acid (GHB), 19 1 kilogram or more, less than 5 20 kilograms. 21 893.135 22 (1)(i)1.a. 1st Trafficking in 1,4-Butanediol, 1 23 kilogram or more, less then 5 24 kilograms. 25 893.135 26 (1)(j)2.a. 1st Trafficking in Phenethylamines, 27 10 grams or more, less than 200 28 grams. 29 896.101(5)(a) 3rd Money laundering, financial 30 transactions exceeding $300 but 31 less than $20,000. 276 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 896.104(4)(a)1. 3rd Structuring transactions to evade 2 reporting or registration 3 requirements, financial 4 transactions exceeding $300 but 5 less than $20,000. 6 Section 123. Subsection (1) of section 484.0445, 7 Florida Statutes, is amended to read: 8 484.0445 Training program.-- 9 (1) The board shall establish by rule a training 10 program for a minimum not to exceed 6 months in length, which 11 may include a board-approved home study course. Upon 12 submitting to the department the registration fee, the 13 applicant may register and enter the training program. Upon 14 completion of the training program, the trainee shall take the 15 first available written and practical examinations offered by 16 the department. The department shall administer the written 17 and practical examinations as prescribed by board rule. If 18 the trainee fails either the written or the practical 19 examination, she or he may repeat the training program one 20 time and retake the failed examination, provided she or he 21 takes the next available examination. No person may remain in 22 trainee status or further perform any services authorized for 23 a trainee if she or he fails either the written or the 24 practical examination twice; but, a trainee may continue to 25 function as a trainee until she or he has received the results 26 of the examinations. Any applicant who has failed an 27 examination twice and is no longer functioning as a trainee 28 shall be eligible for reexamination as provided in s. 29 484.045(2). 30 Section 124. Section 484.045, Florida Statutes, is 31 amended to read: 277 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 484.045 Licensure by examination.-- 2 (1) Any person desiring to be licensed as a hearing 3 aid specialist shall apply to the department on a form 4 approved by the department to take the licensure examination, 5 which shall include a clinical practical component. 6 (2) The department shall license examine each 7 applicant who the board certifies: 8 (a) Has completed the application form and remitted 9 the required fees applicable fee to the board and has paid the 10 examination fee; 11 (b) Is of good moral character; 12 (c) Is 18 years of age or older; 13 (d) Is a graduate of an accredited high school or its 14 equivalent; and 15 (e)1. Has met the requirements of the training program 16 set forth in s. 484.0445; or 17 2.a. Has a valid, current license as a hearing aid 18 specialist or its equivalent from another state and has been 19 actively practicing in such capacity for at least 12 months; 20 or 21 b. Is currently certified by the National Board for 22 Certification in Hearing Instrument Sciences and has been 23 actively practicing for at least 12 months. Persons qualifying 24 under this sub-subparagraph need not take the written or 25 practical examination, but must take and pass a test on 26 Florida laws and rules relating to the fitting and dispensing 27 of hearing aids. 28 (f) Has passed an examination, as prescribed by board 29 rule; and 30 (g) Has demonstrated, in a manner designated by rule 31 of the board, knowledge of state laws and rules relating to 278 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the fitting and dispensing of hearing aids. 2 (3) A person who fails the examination may make 3 application for reexamination to the appropriate examining 4 entity, as prescribed by board rule. 5 (2) On or after October 1, 1990, every applicant who 6 is qualified to take the examination shall be allowed to take 7 the examination three times. If, after October 1, 1990, an 8 applicant fails the examination three times, the applicant 9 shall no longer be eligible to take the examination. 10 (3) The department shall issue a license to practice 11 dispensing hearing aids to any applicant who successfully 12 completes the examination in accordance with this section. 13 Section 125. Effective January 1, 2002, subsection (1) 14 of section 490.012, Florida Statutes, is amended to read: 15 490.012 Violations; penalties; injunction.-- 16 (1)(a) No person shall hold herself or himself out by 17 any professional title, name, or description incorporating the 18 word "psychologist" unless such person holds a valid, active 19 license as a psychologist under this chapter. 20 (b) No person shall hold herself or himself out by any 21 professional title, name, or description incorporating the 22 words "school psychologist" unless such person holds a valid, 23 active license as a school psychologist under this chapter or 24 is certified as a school psychologist by the Department of 25 Education. 26 (c)(1)(a) No person shall hold herself or himself out 27 by any title or description incorporating the words, or 28 permutations of them, "psychologist," "psychology," 29 "psychological," or "psychodiagnostic," or "school 30 psychologist," or describe any test or report as 31 psychological, unless such person holds a valid, active 279 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 license under this chapter or is exempt from the provisions of 2 this chapter. 3 (d)(b) No person shall hold herself or himself out by 4 any title or description incorporating the word, or a 5 permutation of the word, "psychotherapy" unless such person 6 holds a valid, active license under chapter 458, chapter 459, 7 chapter 490, or chapter 491, or such person is certified as an 8 advanced registered nurse practitioner, pursuant to s. 9 464.012, who has been determined by the Board of Nursing as a 10 specialist in psychiatric mental health. 11 (e)(c) No person licensed or provisionally licensed 12 pursuant to this chapter shall hold herself or himself out by 13 any title or description which indicates licensure other than 14 that which has been granted to her or him. 15 Section 126. Effective January 1, 2002, section 16 490.014, Florida Statutes, is amended to read: 17 490.014 Exemptions.-- 18 (1)(a) No provision of this chapter shall be construed 19 to limit the practice of physicians licensed pursuant to 20 chapter 458 or chapter 459 so long as they do not hold 21 themselves out to the public as psychologists or use a 22 professional title protected by this chapter. 23 (b) No provision of this chapter shall be construed to 24 limit the practice of nursing, clinical social work, marriage 25 and family therapy, mental health counseling, or other 26 recognized businesses or professions, or to prevent qualified 27 members of other professions from doing work of a nature 28 consistent with their training, so long as they do not hold 29 themselves out to the public as psychologists or use a title 30 or description protected by this chapter. Nothing in this 31 subsection shall be construed to exempt any person from the 280 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 provisions of s. 490.012. 2 (2) No person shall be required to be licensed or 3 provisionally licensed under this chapter who: 4 (a) Is a salaried employee of a government agency; 5 developmental services program, mental health, alcohol, or 6 drug abuse facility operating pursuant to chapter 393, chapter 7 394, or chapter 397; subsidized child care program, subsidized 8 child care case management program, or child care resource and 9 referral program operating pursuant to chapter 402; 10 child-placing or child-caring agency licensed pursuant to 11 chapter 409; domestic violence center certified pursuant to 12 chapter 39; accredited academic institution; or research 13 institution, if such employee is performing duties for which 14 he or she was trained and hired solely within the confines of 15 such agency, facility, or institution, so long as the employee 16 is not held out to the public as a psychologist pursuant to s. 17 490.012(1)(a) . 18 (b) Is a salaried employee of a private, nonprofit 19 organization providing counseling services to children, youth, 20 and families, if such services are provided for no charge, if 21 such employee is performing duties for which he or she was 22 trained and hired, so long as the employee is not held out to 23 the public as a psychologist pursuant to s. 490.012(1)(a). 24 (c) Is a student who is pursuing a course of study 25 which leads to a degree in medicine or a profession regulated 26 by this chapter who is providing services in a training 27 setting, provided such activities or services constitute part 28 of a supervised course of study, or is a graduate accumulating 29 the experience required for any licensure under this chapter, 30 provided such graduate or student is designated by a title 31 such as "intern" or "trainee" which clearly indicates the 281 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 in-training status of the student. 2 (d) Is certified in school psychology by the 3 Department of Education and is performing psychological 4 services as an employee of a public or private educational 5 institution. Such exemption shall not be construed to 6 authorize any unlicensed practice which is not performed as a 7 direct employee of an educational institution. 8 (e) Is not a resident of the state but offers services 9 in this state, provided: 10 1. Such services are performed for no more than 5 days 11 in any month and no more than 15 days in any calendar year; 12 and 13 2. Such nonresident is licensed or certified by a 14 state or territory of the United States, or by a foreign 15 country or province, the standards of which were, at the date 16 of his or her licensure or certification, equivalent to or 17 higher than the requirements of this chapter in the opinion of 18 the department or, in the case of psychologists, in the 19 opinion of the board. 20 (f) Is a rabbi, priest, minister, or member of the 21 clergy of any religious denomination or sect when engaging in 22 activities which are within the scope of the performance of 23 his or her regular or specialized ministerial duties and for 24 which no separate charge is made, or when such activities are 25 performed, with or without charge, for or under the auspices 26 or sponsorship, individually or in conjunction with others, of 27 an established and legally cognizable church, denomination, or 28 sect, and when the person rendering service remains 29 accountable to the established authority thereof. 30 (3) No provision of this chapter shall be construed to 31 limit the practice of any individual who solely engages in 282 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 behavior analysis so long as he or she does not hold himself 2 or herself out to the public as possessing a license issued 3 pursuant to this chapter or use a title or description 4 protected by this chapter. 5 (4) Nothing in this section shall exempt any person 6 from the provisions provision of s. 490.012(1)(a)-(b) (a)-(b). 7 (5) Except as stipulated by the board, the exemptions 8 contained in this section do not apply to any person licensed 9 under this chapter whose license has been suspended or revoked 10 by the board or another jurisdiction. 11 Section 127. Effective January 1, 2002, paragraphs 12 (i), (j), and (k) of subsection (1) of section 491.012, 13 Florida Statutes, are amended to read: 14 491.012 Violations; penalty; injunction.-- 15 (1) It is unlawful and a violation of this chapter for 16 any person to: 17 (i) Practice clinical social work in this state, as 18 the practice is defined in s. 491.003(7), for compensation, 19 unless the person holds a valid, active license to practice 20 clinical social work issued pursuant to this chapter or is an 21 intern registered pursuant to s. 491.0045. 22 (j) Practice marriage and family therapy in this 23 state, as the practice is defined in s. 491.003(8), for 24 compensation, unless the person holds a valid, active license 25 to practice marriage and family therapy issued pursuant to 26 this chapter or is an intern registered pursuant to s. 27 491.0045. 28 (k) Practice mental health counseling in this state, 29 as the practice is defined in s. 491.003(9), for compensation, 30 unless the person holds a valid, active license to practice 31 mental health counseling issued pursuant to this chapter or is 283 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 an intern registered pursuant to s. 491.0045. 2 Section 128. Effective January 1, 2002, paragraphs (a) 3 and (b) of subsection (4) of section 491.014, Florida 4 Statutes, are amended to read: 5 491.014 Exemptions.-- 6 (4) No person shall be required to be licensed, 7 provisionally licensed, registered, or certified under this 8 chapter who: 9 (a) Is a salaried employee of a government agency; 10 developmental services program, mental health, alcohol, or 11 drug abuse facility operating pursuant to chapter 393, chapter 12 394, or chapter 397; subsidized child care program, subsidized 13 child care case management program, or child care resource and 14 referral program operating pursuant to chapter 402; 15 child-placing or child-caring agency licensed pursuant to 16 chapter 409; domestic violence center certified pursuant to 17 chapter 39; accredited academic institution; or research 18 institution, if such employee is performing duties for which 19 he or she was trained and hired solely within the confines of 20 such agency, facility, or institution, so long as the employee 21 is not held out to the public as a clinical social worker, 22 mental health counselor, or marriage and family therapist. 23 (b) Is a salaried employee of a private, nonprofit 24 organization providing counseling services to children, youth, 25 and families, if such services are provided for no charge, if 26 such employee is performing duties for which he or she was 27 trained and hired, so long as the employee is not held out to 28 the public as a clinical social worker, mental health 29 counselor, or marriage and family therapist. 30 Section 129. Subsection (4) of section 458.319, 31 Florida Statutes, is amended to read: 284 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 458.319 Renewal of license.-- 2 (4) Notwithstanding the provisions of s. 456.033, a 3 physician may complete continuing education on end-of-life 4 care and palliative health care in lieu of continuing 5 education in AIDS/HIV, if that physician has completed the 6 AIDS/HIV continuing education in the immediately preceding 7 biennium. 8 Section 130. Subsection (5) of section 459.008, 9 Florida Statutes, is amended to read: 10 459.008 Renewal of licenses and certificates.-- 11 (5) Notwithstanding the provisions of s. 456.033, an 12 osteopathic physician may complete continuing education on 13 end-of-life and palliative health care in lieu of continuing 14 education in AIDS/HIV, if that physician has completed the 15 AIDS/HIV continuing education in the immediately preceding 16 biennium. 17 Section 131. Subsection (4) of section 765.101, 18 Florida Statutes, is amended to read: 19 765.101 Definitions.--As used in this chapter: 20 (4) "End-stage condition" means an irreversible a 21 condition that is caused by injury, disease, or illness which 22 has resulted in progressively severe and permanent 23 deterioration, indicated by incapacity and complete physical 24 dependency and for which, to a reasonable degree of medical 25 probability certainty, treatment of the irreversible condition 26 would be medically ineffective. 27 Section 132. Subsection (4) of section 765.102, 28 Florida Statutes, is amended to read: 29 765.102 Legislative findings and intent.-- 30 (4) The Legislature recognizes the need for all health 31 care professionals to rapidly increase their understanding of 285 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 end-of-life and palliative health care. Therefore, the 2 Legislature encourages the professional regulatory boards to 3 adopt appropriate standards and guidelines regarding 4 end-of-life care and pain management and encourages 5 educational institutions established to train health care 6 professionals and allied health professionals to implement 7 curricula to train such professionals to provide end-of-life 8 care, including pain management and palliative care. 9 Section 133. Section 765.1025, Florida Statutes, is 10 created to read: 11 765.1025 Palliative care.--For purposes of this 12 chapter: 13 (1) Palliative care is the comprehensive management of 14 the physical, psychological, social, spiritual, and 15 existential needs of patients. Palliative care is especially 16 suited to the care of persons who have incurable, progressive 17 illness. 18 (2) Palliative care must include: 19 (a) An opportunity to discuss and plan for end-of-life 20 care. 21 (b) Assurance that physical and mental suffering will 22 be carefully attended to. 23 (c) Assurance that preferences for withholding and 24 withdrawing life-sustaining interventions will be honored. 25 (d) Assurance that the personal goals of the dying 26 person will be addressed. 27 (e) Assurance that the dignity of the dying person 28 will be a priority. 29 (f) Assurance that health care providers will not 30 abandon the dying person. 31 (g) Assurance that the burden to family and others 286 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 will be addressed. 2 (h) Assurance that advance directives for care will be 3 respected regardless of the location of care. 4 (i) Assurance that organizational mechanisms are in 5 place to evaluate the availability and quality of end-of-life, 6 palliative, and hospice care services, including the 7 evaluation of administrative and regulatory barriers. 8 (j) Assurance that necessary health care services will 9 be provided and that relevant reimbursement policies are 10 available. 11 (k) Assurance that the goals expressed in paragraphs 12 (a)-(j) will be accomplished in a culturally appropriate 13 manner. 14 Section 134. Subsection (2) of section 765.1103, 15 Florida Statutes, is amended to read: 16 765.1103 Pain management and palliative care.-- 17 (2) Health care providers and practitioners regulated 18 under chapter 458, chapter 459, or chapter 464 must, as 19 appropriate, comply with a request for pain management or 20 palliative care from a patient under their care or, for an 21 incapacitated patient under their care, from a surrogate, 22 proxy, guardian, or other representative permitted to make 23 health care decisions for the incapacitated patient. 24 Facilities regulated under chapter 400 or chapter 395 must 25 comply with the pain management or palliative care measures 26 ordered by the patient's physician. When the patient is 27 receiving care as an admitted patient of a facility or a 28 provider or is a subscriber of a health care facility, health 29 care provider, or health care practitioner regulated under 30 chapter 395, chapter 400, chapter 458, chapter 459, chapter 31 464, or chapter 641, such facility, provider, or practitioner 287 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 must, when appropriate, comply with a request for pain 2 management or palliative care from a capacitated patient or an 3 incapacitated patient's health care surrogate or proxy, 4 court-appointed guardian as provided in chapter 744, or 5 attorney in fact as provided in chapter 709. The 6 court-appointed guardian or attorney in fact must have been 7 delegated authority to make health care decisions on behalf of 8 the patient. 9 Section 135. Paragraph (b) of subsection (1) of 10 section 765.205, Florida Statutes, is amended to read: 11 765.205 Responsibility of the surrogate.-- 12 (1) The surrogate, in accordance with the principal's 13 instructions, unless such authority has been expressly limited 14 by the principal, shall: 15 (b) Consult expeditiously with appropriate health care 16 providers to provide informed consent, and make only health 17 care decisions for the principal which he or she believes the 18 principal would have made under the circumstances if the 19 principal were capable of making such decisions. If there is 20 no indication of what the principal would have chosen, the 21 surrogate may consider the patient's best interest in deciding 22 that proposed treatments are to be withheld or that treatments 23 currently in effect are to be withdrawn. 24 Section 136. Subsections (2) and (3) of section 25 765.401, Florida Statutes, are amended to read: 26 765.401 The proxy.-- 27 (2) Any health care decision made under this part must 28 be based on the proxy's informed consent and on the decision 29 the proxy reasonably believes the patient would have made 30 under the circumstances. If there is no indication of what the 31 patient would have chosen, the proxy may consider the 288 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 patient's best interest in deciding that proposed treatments 2 are to be withheld or that treatments currently in effect are 3 to be withdrawn. 4 (3) Before exercising the incapacitated patient's 5 rights to select or decline health care, the proxy must comply 6 with the provisions of ss. 765.205 and 765.305, except that a 7 proxy's decision to withhold or withdraw life-prolonging 8 procedures must be supported by clear and convincing evidence 9 that the decision would have been the one the patient would 10 have chosen had the patient been competent or, if there is no 11 indication of what the patient would have chosen, that the 12 decision is in the patient's best interest. 13 Section 137. The Legislature finds that the area of 14 specialty training is of great importance to the citizens of 15 this state and that specialty training and certification 16 creates a higher level of proficiency for the practitioner and 17 improves the delivery of health care to Floridians. Because 18 much confusion exists among the patient population and 19 practitioners as to the requirements for board certification, 20 the Legislature directs the Department of Health to conduct a 21 study of the area of specialty certification relating to the 22 Board of Medicine, the Board of Osteopathic Medicine, and the 23 Board of Dentistry. The study should review current statutes 24 and rules to determine if any barriers exist in board 25 recognition of certifying organizations and if restrictions 26 placed on a licensee's speech both target an identifiable harm 27 and mitigate against such harm in a direct and effective 28 manner. A final report shall be provided no later than January 29 1, 2002, to the President of the Senate and the Speaker of the 30 House of Representatives for distribution to the chairs of the 31 health-care-related committees. 289 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 138. Paragraph (d) of subsection (2) of 2 section 499.012, Florida Statutes, is amended to read: 3 499.012 Wholesale distribution; definitions; permits; 4 general requirements.-- 5 (2) The following types of wholesaler permits are 6 established: 7 (d) A retail pharmacy wholesaler's permit. A retail 8 pharmacy wholesaler is a retail pharmacy engaged in wholesale 9 distribution of prescription drugs within this state under the 10 following conditions: 11 1. The pharmacy must obtain a retail pharmacy 12 wholesaler's permit pursuant to ss. 499.001-499.081 and the 13 rules adopted under those sections. 14 2. The wholesale distribution activity does not exceed 15 30 percent of the total annual purchases of prescription 16 drugs. If the wholesale distribution activity exceeds the 17 30-percent maximum, the pharmacy must obtain a prescription 18 drug wholesaler's permit. 19 3. The transfer of prescription drugs that appear in 20 any schedule contained in chapter 893 is subject to chapter 21 893 and the federal Comprehensive Drug Abuse Prevention and 22 Control Act of 1970. 23 4. The transfer is between a retail pharmacy and 24 another retail pharmacy, a Modified Class II institutional 25 pharmacy, or a health care practitioner licensed in this state 26 and authorized by law to dispense or prescribe prescription 27 drugs. 28 5. All records of sales of prescription drugs subject 29 to this section must be maintained separate and distinct from 30 other records and comply with the recordkeeping requirements 31 of ss. 499.001-499.081. 290 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 139. The Legislature finds that personal 2 identifying information, name, age, diagnosis, address, bank 3 account numbers, and debit and credit card numbers contained 4 in the records relating to an individual's personal health or 5 eligibility for health-related services made or received by 6 the individual's physician and public or private health 7 facility should be held confidential. Furthermore, the 8 Legislature finds that every person has an expectation of and 9 a right to privacy in all matters concerning her or his 10 personal health when medical services are provided. Matters of 11 personal health are traditionally private and confidential 12 concerns between the patient and the health care provider. The 13 private and confidential nature of personal health matters 14 pervades both the public and private sectors. For these 15 reasons, it is the express intent of the Legislature to 16 protect confidential information and the individual's 17 expectations of the right to privacy in all matters regarding 18 her or his personal health and not to have such information 19 exploited for purposes of solicitation or marketing the sale 20 of goods and services. 21 Section 140. Subsection (5) of section 456.057, 22 Florida Statutes, is amended to read: 23 456.057 Ownership and control of patient records; 24 report or copies of records to be furnished.-- 25 (5)(a) Except as otherwise provided in this section 26 and in s. 440.13(4)(c), such records may not be furnished to, 27 and the medical condition of a patient may not be discussed 28 with, any person other than the patient or the patient's legal 29 representative or other health care practitioners and 30 providers involved in the care or treatment of the patient, 31 except upon written authorization of the patient. However, 291 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 such records may be furnished without written authorization 2 under the following circumstances: 3 1.(a) To any person, firm, or corporation that has 4 procured or furnished such examination or treatment with the 5 patient's consent. 6 2.(b) When compulsory physical examination is made 7 pursuant to Rule 1.360, Florida Rules of Civil Procedure, in 8 which case copies of the medical records shall be furnished to 9 both the defendant and the plaintiff. 10 3.(c) In any civil or criminal action, unless 11 otherwise prohibited by law, upon the issuance of a subpoena 12 from a court of competent jurisdiction and proper notice to 13 the patient or the patient's legal representative by the party 14 seeking such records. 15 4.(d) For statistical and scientific research, 16 provided the information is abstracted in such a way as to 17 protect the identity of the patient or provided written 18 permission is received from the patient or the patient's legal 19 representative. 20 (b) Absent a specific written release or authorization 21 permitting utilization of patient information for solicitation 22 or marketing the sale of goods or services, any use of that 23 information for those purposes is prohibited. 24 (14) Licensees in violation of the provisions of this 25 section shall be disciplined by the appropriate licensing 26 authority. 27 (15) The Attorney General is authorized to enforce the 28 provisions of this section for records owners not otherwise 29 licensed by the state, through injunctive relief and fines not 30 to exceed $5,000 per violation. 31 Section 141. Subsection (7) of section 395.3025, 292 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Florida Statutes is amended to read: 2 395.3025 Patient and personnel records; copies; 3 examination.-- 4 (7)(a) If the content of any record of patient 5 treatment is provided under this section, the recipient, if 6 other than the patient or the patient's representative, may 7 use such information only for the purpose provided and may not 8 further disclose any information to any other person or 9 entity, unless expressly permitted by the written consent of 10 the patient. A general authorization for the release of 11 medical information is not sufficient for this purpose. The 12 content of such patient treatment record is confidential and 13 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 14 I of the State Constitution. 15 (b) Absent a specific written release or authorization 16 permitting utilization of patient information for solicitation 17 or marketing the sale of goods or services, any use of that 18 information for those purposes is prohibited. 19 Section 142. Subsection (1) of section 400.1415, 20 Florida Statutes, is amended to read: 21 400.1415 Patient records; penalties for alteration.-- 22 (1) Any person who fraudulently alters, defaces, or 23 falsifies any medical record or releases medical records for 24 the purposes of solicitation or marketing the sale of goods or 25 services absent a specific written release or authorization 26 permitting utilization of patient information, or other 27 nursing home record, or causes or procures any of these 28 offenses to be committed, commits a misdemeanor of the second 29 degree, punishable as provided in s. 775.082 or s. 775.083. 30 Section 143. Section 626.9651, Florida Statutes, is 31 created to read: 293 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 626.9651 Privacy.--The department shall adopt rules 2 consistent with other provisions of the Florida Insurance Code 3 to govern the use of a consumer's nonpublic personal financial 4 and health information. These rules must be based on, 5 consistent with, and not more restrictive than the Privacy of 6 Consumer Financial and Health Information Regulation, adopted 7 September 26, 2000, by the National Association of Insurance 8 Commissioners; however, the rules must permit the use and 9 disclosure of nonpublic personal health information for 10 scientific, medical, or public policy research, in accordance 11 with federal law. In addition, these rules must be consistent 12 with, and not more restrictive than, the standards contained 13 in Title V of the Gramm-Leach-Bliley Act of 1999, Pub. L. No. 14 106-102. If the department determines that a health insurer or 15 health maintenance organization is in compliance with, or is 16 actively undertaking compliance with, the consumer privacy 17 protection rules adopted by the United States Department of 18 Health and Human Services, in conformance with the Health 19 Insurance Portability and Affordability Act, that health 20 insurer or health maintenance organization is in compliance 21 with this section. 22 Section 144. Effective upon becoming law, subsections 23 (14), (15), and (16) are added to section 400.141, Florida 24 Statutes, to read: 25 400.141 Administration and management of nursing home 26 facilities.--Every licensed facility shall comply with all 27 applicable standards and rules of the agency and shall: 28 (14) Before November 30 of each year, subject to the 29 availability of an adequate supply of the necessary vaccine, 30 provide for immunizations against influenza viruses to all its 31 consenting residents in accordance with the recommendations of 294 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 the U.S. Centers for Disease Control and Prevention, subject 2 to exemptions for medical contraindications and religious or 3 personal beliefs. Subject to these exemptions, any consenting 4 person who becomes a resident of the facility after November 5 30 but before March 31 of the following year must be immunized 6 within 5 working days after becoming a resident. Immunization 7 shall not be provided to any resident who provides 8 documentation that he or she has been immunized as required by 9 this subsection. This subsection does not prohibit a resident 10 from receiving the immunization from his or her personal 11 physician if he or she so chooses. A resident who chooses to 12 receive the immunization from his or her personal physician 13 shall provide proof of immunization to the facility. The 14 agency may adopt and enforce any rules necessary to comply 15 with or implement this subsection. 16 (15) Assess all residents for eligibility for 17 pneumococcal polysaccharide vaccination (PPV) and vaccinate 18 residents when indicated within 60 days after the effective 19 date of this act in accordance with the recommendations of the 20 U.S. Centers for Disease Control and Prevention, subject to 21 exemptions for medical contraindications and religious or 22 personal beliefs. Residents admitted after the effective date 23 of this act shall be assessed within 5 working days of 24 admission and, when indicated, vaccinated within 60 days in 25 accordance with the recommendations of the United States 26 Centers for Disease Control and Prevention, subject to 27 exemptions for medical contradictions and religious or 28 personal beliefs. Immunization shall not be provided to any 29 resident who provides documentation that he or she has been 30 immunized as required by this subsection. This subsection does 31 not prohibit a resident from receiving the immunization from 295 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 his or her personal physician if he or she so chooses. A 2 resident who chooses to receive the immunization from his or 3 her personal physician shall provide proof of immunization to 4 the facility. The agency may adopt and enforce any rules 5 necessary to comply with or implement this subsection. 6 (16) Annually encourage and promote to its employees 7 the benefits associated with immunizations against influenza 8 viruses in accordance with the recommendations of the U.S. 9 Centers for Disease Control and Prevention. The agency may 10 adopt and enforce any rules necessary to comply with or 11 implement this subsection. 12 13 Facilities that have been awarded a Gold Seal under the 14 program established in s. 400.235 may develop a plan to 15 provide certified nursing assistant training as prescribed by 16 federal regulations and state rules and may apply to the 17 agency for approval of its program. 18 Section 145. There is established the Office of 19 Community Partners within the Department of Health for the 20 purpose of receiving, coordinating, and dispensing federal 21 funds set aside to expand the delivery of social services 22 through eligible private community organizations and programs. 23 The office shall provide policy direction and promote civic 24 initiatives which seek to preserve and strengthen families and 25 communities. The Department of Health, the Department of 26 Children and Family Services, the Department of Juvenile 27 Justice, and the Department of Corrections may request 28 transfer of general revenue funds between agencies, as 29 approved by the Legislative Budget Commission, as necessary to 30 match federal funds received by the Office of Community 31 Partners for these initiatives. 296 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Section 146. Section 627.6474, Florida Statutes, is 2 created to read: 3 627.6474 Provider contracts.--A health insurer shall 4 not require a contracted health care practitioner as defined 5 in s. 456.001(4) to accept the terms of other health care 6 practitioner contracts with the insurer or any other insurer, 7 or health maintenance organization, under common management 8 and control with the insurer, including Medicare and Medicaid 9 practitioner contracts and those authorized by s. 627.6471, s. 10 627.6472, or s. 641.315, except for a practitioner in a group 11 practice as defined in s. 456.053 who must accept the terms of 12 a contract negotiated for the practitioner by the group, as a 13 condition of continuation or renewal of the contract. Any 14 contract provision that violates this section is void. A 15 violation of this section is not subject to the criminal 16 penalty specified in s. 624.15. 17 Section 147. Subsection (11) is added to section 18 627.662, Florida Statutes, to read: 19 627.662 Other provisions applicable.--The following 20 provisions apply to group health insurance, blanket health 21 insurance, and franchise health insurance: 22 (11) Section 627.6474, relating to provider contracts. 23 Section 148. Subsection (10) is added to section 24 641.315, Florida Statutes, to read: 25 641.315 Provider contracts.-- 26 (10) A health maintenance organization shall not 27 require a contracted health care practitioner as defined in s. 28 456.001(4) to accept the terms of other health care 29 practitioner contracts with the health maintenance 30 organization or any insurer, or other health maintenance 31 organization, under common management and control with the 297 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 health maintenance organization, including Medicare and 2 Medicaid practitioner contracts and those authorized by s. 3 627.6471, s. 627.6472, or s. 641.315, except for a 4 practitioner in a group practice as defined in s. 456.053 who 5 must accept the terms of a contract negotiated for the 6 practitioner by the group, as a condition of continuation or 7 renewal of the contract. Any contract provision that violates 8 this section is void. A violation of this section is not 9 subject to the criminal penalty specified in s. 624.15. 10 Section 149. The provisions of sections 142-144 of 11 this act shall take effect July 1, 2001, and shall apply to 12 contracts entered into or renewed on or after that date. 13 Section 150. Except as otherwise provided herein, this 14 act shall take effect July 1, 2001. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 1, line 2, through page 3, line 24, 20 remove from the title of the bill: all of said lines 21 22 and insert in lieu thereof: 23 An act relating to health care; providing 24 legislative intent and findings with respect to 25 the Medical Quality Assurance Trust Fund and 26 function administered by the Department of 27 Health; requiring the Auditor General to do a 28 followup Medical Quality Assurance audit and 29 issue a report to the Legislature; requiring 30 the Department of Health to reimburse the 31 Agency for Health Care Administration for 298 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 certain costs; requiring the Office of Program 2 Policy Analysis and Government Accountability 3 to study the feasibility of maintaining the 4 Medical Quality Assurance function within a 5 single department and issue a report to the 6 Legislature; amending s. 456.004, F.S.; 7 providing requirements for rules relating to 8 biennial renewal of licenses; amending s. 9 456.025, F.S.; revising requirements relating 10 to the setting and use of fees for the 11 regulation of health care professions and 12 practitioners, including continuing education 13 fees; providing for an electronic continuing 14 education tracking system; repealing s. 15 458.31151, F.S.; repealing obsolete provisions; 16 amending s. 457.107, F.S.; for clarification of 17 acupuncture fees; amending s. 483.807, F.S.; 18 relating to clinical laboratory personnel fees; 19 amending s. 456.011, F.S.; requiring board 20 meetings to be conducted through 21 teleconferencing or other technological means 22 except under certain circumstances; amending s. 23 456.013, F.S.; requiring the department to 24 charge initial license fees; amending s. 25 456.017, F.S.; providing for administration of 26 national examinations and termination of 27 state-administered written examinations; 28 providing for administration of 29 state-administered practical or clinical 30 examinations if paid for in advance by the 31 examination candidates; providing legislative 299 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 intent with respect to the use of national 2 examinations; providing for electronic access 3 to and posting of examination scores under 4 certain conditions; providing for the sharing 5 of examinations or examination item banks with 6 certain entities; clarifying circumstances 7 under which candidates may bring a challenge; 8 providing for electronic administration of 9 certain laws and rules examinations; amending 10 s. 456.035, F.S.; providing for electronic 11 notification of a licensee's current mailing 12 address and place of practice; amending s. 13 456.073, F.S.; authorizing a letter of guidance 14 in lieu of a finding of probable cause under 15 certain conditions; amending s. 456.081, F.S.; 16 providing for the posting of newsletters on the 17 department's website; amending s. 456.072, 18 F.S.; revising and providing grounds for 19 discipline of licensees; revising and providing 20 disciplinary actions; amending s. 456.079, 21 F.S.; requiring mitigating or aggravating 22 circumstances to be in the final order to be 23 considered in the imposition of penalties; 24 amending ss. 457.109, 458.320, 458.331, 25 458.345, 458.347, 459.0085, 459.015, 459.022, 26 460.413, 461.013, 462.14, 463.016, 464.018, 27 465.008, 465.016, 466.028, 466.037, 467.203, 28 468.1295, 468.1755, 468.217, 468.365, 468.518, 29 468.719, 468.811, 478.52, 480.046, 483.825, 30 483.901, 484.014, 484.056, 486.125, 490.009, 31 and 491.009, F.S.; revising and conforming 300 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 provisions relating to disciplinary grounds and 2 penalties; repealing s. 483.827, F.S., relating 3 to penalties applicable to clinical 4 laboratories; amending s. 456.065, F.S.; 5 requiring the unlicensed activity fee to be in 6 addition to all other fees collected from each 7 licensee; amending ss. 458.347 and 459.022, 8 F.S.; allowing authorized physician assistants 9 to prescribe any medication not listed on a 10 formulary established by the Council on 11 Physician Assistants; allowing authorized 12 physician assistants to dispense drug samples 13 pursuant to proper prescription; eliminating 14 the formulary committee and revising provisions 15 relating to creation and amendment of the 16 formulary, to conform; amending s. 456.003, 17 F.S.; providing a limitation on the duties of 18 certain boards; providing for the Agency for 19 Health Care Administration to create the Organ 20 Transplant Task Force to study organ 21 transplantation programs; requiring the task 22 force to study and make recommendations on the 23 necessity of the issuance of certificates of 24 need for such programs and funding for organ 25 transplantation; providing a date for the task 26 force to report to the Governor and the 27 Legislature; amending 409.9205, F.S.; 28 transferring positions in the Medicaid Fraud 29 Control Unit of the Department of Legal Affairs 30 to Career Services; amending s. 483.245, F.S.; 31 prohibiting rebate or split-fee arrangements 301 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 with dialysis facilities for patient referrals 2 to clinical laboratories; providing penalties; 3 amending s. 232.435, F.S.; providing training 4 requirements for a first responder and teacher 5 athletic trainer; amending s. 383.14, F.S.; 6 amending screening requirements for postnatal 7 screening; amending s. 395.0197, F.S.; revising 8 provisions relating to hospital and ambulatory 9 surgical center internal risk management 10 programs; modifying requirements for risk 11 management and prevention education and 12 training; restricting participation of 13 unlicensed persons in surgical procedures; 14 requiring ongoing evaluation of surgical 15 procedures and protocols; eliminating an annual 16 report summarizing facility incident reports 17 and disciplinary actions; requiring the Agency 18 for Health Care Administration to publish 19 website summaries of adverse incident reports; 20 requiring facility reporting of allegations of 21 sexual misconduct by health care practitioners; 22 providing certain civil liability for licensed 23 risk managers; prohibiting intimidation of a 24 risk manager; providing a penalty; amending s. 25 395.10972, F.S.; increasing membership on the 26 Health Care Risk Management Advisory Council; 27 amending s. 395.701, F.S.; limiting the 28 financial information the agency may require to 29 determine the amount of hospital annual 30 assessments; amending s. 409.905, F.S.; 31 providing that the Agency for Health Care 302 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 Administration may restrict the provision of 2 mandatory services by mobile providers; 3 amending s. 409.906, F.S.; providing that the 4 agency may restrict or prohibit the provision 5 of services by mobile providers; providing that 6 Medicaid will not provide reimbursement for 7 dental services provided in mobile dental 8 units, except for certain units; amending s. 9 456.013, F.S.; providing a professional 10 continuing education requirement relating to 11 prevention of medical errors; amending s. 12 456.057, F.S.; providing for appointment of a 13 records custodian under certain circumstances; 14 amending s. 456.063, F.S.; requiring licensed 15 health care practitioners to report to the 16 Department of Health any allegations of sexual 17 misconduct; amending s. 456.072, F.S.; 18 providing additional grounds for disciplinary 19 actions; clarifying a penalty involving 20 restriction of professional practice or 21 license; providing additional penalties; 22 requiring assessment of costs related to 23 investigation and prosecution; amending s. 24 456.073, F.S.; requiring the Department of 25 Health to notify the patient or legal 26 representative of the status of a disciplinary 27 case; requiring the department to provide 28 certain information to the complainant; 29 providing time limitations on the filing of 30 administrative complaints against licensees of 31 the department; amending s. 456.074, F.S.; 303 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 providing for an emergency order suspending the 2 license of a practitioner for fraud; amending 3 s. 456.077, F.S.; specifying violations for 4 which the Department of Health or a regulatory 5 board may issue citations; amending s. 456.081, 6 F.S.; requiring the Department of Health and 7 regulatory boards to maintain a website 8 containing specified information; creating s. 9 458.3147, F.S.; providing automatic admission 10 to any medical school in the State University 11 System for military academy students or 12 graduates who qualify for the Medical Corps of 13 the United States military; amending s. 14 458.315, F.S.; providing that a physician 15 practicing under a temporary certificate is 16 immune from civil liability if acting in good 17 faith as a resonably prudent person and if the 18 injury or damage is not caused by willful 19 misconduct; providing requirements for the 20 Board of Medicine in issuing temporary 21 certificates; amending ss. 458.331 and 459.015, 22 F.S.; conforming language and cross references 23 to changes made by the act; amending s. 641.51, 24 F.S.; revising adverse determination 25 provisions; amending ss. 465.019 and 465.0196, 26 F.S.; requiring institutional pharmacies and 27 special pharmacy permittees that use pharmacy 28 technicians to have a written policy and 29 procedures manual; directing the Department of 30 Health and the Agency for Health Care 31 Administration to review health care 304 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 practitioner and facility reporting 2 requirements; requiring a report to the 3 Legislature; amending s. 468.1755, F.S.; 4 providing an additional ground for disciplinary 5 action against a nursing home administrator; 6 reenacting ss. 468.1695(3) and 468.1735, F.S., 7 to incorporate said amendment in references; 8 reenacting s. 484.056(1)(a), F.S., relating to 9 disciplinary action against hearing aid 10 specialists, to incorporate the amendment to s. 11 456.072(1), in a reference; amending s. 12 766.101, F.S.; providing that a continuous 13 quality improvement committee of a licensed 14 pharmacy is a medical review committee for 15 purposes of immunity from liability, and 16 reenacting ss. 440.105(1)(a) and 626.989(6), 17 F.S., to incorporate said amendment in 18 references; amending s. 766.1115, F.S.; 19 conforming language and cross references to 20 changes made by the act; amending s. 456.047, 21 F.S.; providing intent; revising and providing 22 definitions; revising duties of the Department 23 of Health relating to file maintenance; 24 providing that primary source data verified by 25 the department or its designee may be relied 26 upon to meet accreditation purposes; amending 27 s. 232.61, F.S.; requiring the Florida High 28 School Activities Association to adopt bylaws 29 which require students participating in 30 interscholastic athletic competition or who are 31 candidates for an interscholastic athletic team 305 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 to satisfactorily pass a medical evaluation 2 prior to participating in interscholastic 3 athletic competition or engaging in practice 4 with an interscholastic athletic team; 5 providing requirements with respect to such 6 evaluation; amending s. 240.4075, F.S.; 7 transferring the Nursing Student Loan 8 Forgiveness Program from the Department of 9 Education to the Department of Health; 10 including public schools, family practice 11 teaching hospitals, and specialty hospitals for 12 children as eligible facilities under the 13 program; exempting such facilities from the 14 fund-matching requirements of the program; 15 amending s. 240.4076, F.S.; transferring the 16 nursing scholarship program from the Department 17 of Education to the Department of Health; 18 providing requirements under the program for 19 students seeking to qualify for a nursing 20 faculty position and receive credit for work in 21 such a position; including nursing homes, 22 hospitals, public schools, colleges of nursing, 23 and community college nursing programs as 24 eligible facilities under the program; 25 transferring powers, duties, functions, rules, 26 records, personnel, property, and 27 appropriations and other funds relating to the 28 Nursing Student Loan Forgiveness Program and 29 the nursing scholarship program from the 30 Department of Education to the Department of 31 Health; amending s. 464.005, F.S.; providing 306 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 for future relocation of the headquarters of 2 the Board of Nursing; amending s. 464.008, 3 F.S.; revising education requirements for 4 licensure by examination; amending s. 464.009, 5 F.S.; revising requirements for licensure by 6 endorsement; requiring submission of 7 fingerprints for a criminal history check and a 8 fee to cover the costs of such check; providing 9 for an electronic applicant notification 10 process; creating s. 464.0195, F.S.; creating 11 the Florida Center for Nursing and providing 12 its goals; creating s. 464.0196, F.S.; 13 providing for a board of directors; providing 14 for appointment of board members; providing for 15 staggered terms; providing powers and duties; 16 authorizing per diem and travel expenses; 17 creating s. 464.0197, F.S.; declaring state 18 budget support for the center; prohibiting the 19 Board of Nursing from developing any rule 20 relating to faculty/student clinical ratios 21 until a specified time; requiring the Board of 22 Nursing and the Department of Education to 23 submit to the Legislature an implementation 24 plan detailing the impact and cost of any such 25 proposed rule change; amending s. 464.0205, 26 F.S.; deleting the application and processing 27 fee for applicants for a retired volunteer 28 nurse certificate; requiring study by Office of 29 Program Policy Analysis and Government 30 Accountability of the feasibility of 31 maintaining all of Medical Quality Assurance in 307 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 one state agency; creating s. 456.0375, F.S.; 2 requiring registration of certain clinics; 3 providing requirements, including fees; 4 providing rulemaking authority; requiring 5 medical directors or clinic directors for such 6 clinics and providing their duties and 7 responsibilities; providing an appropriation; 8 amending s. 456.031, F.S.; providing an 9 alternative by which licensees under ch. 466, 10 F.S., relating to dentistry, may comply with a 11 general requirement that they take 12 domestic-violence education courses; amending 13 s. 456.033, F.S.; providing an alternative by 14 which such licensees may comply with a general 15 requirement that they take AIDS/HIV education 16 courses; amending s. 627.419, F.S.; providing 17 for appeals from certain adverse determinations 18 relating to dental service claims; providing 19 applicability; amending s. 468.302, F.S.; 20 revising a provision relating to exemption from 21 certification to use radiation on human beings; 22 amending ss. 468.352, 468.355, 468.357, 23 468.358, and 468.359, F.S.; revising 24 definitions and provisions relating to 25 licensure and use of titles and abbreviations 26 to correct and conform terminology with respect 27 to respiratory therapists and respiratory care 28 practitioners; amending ss. 468.1155 and 29 468.1215, F.S.; revising requirements for 30 licensure to practice speech-language pathology 31 or audiology and for certification of 308 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 speech-language pathology or audiology 2 assistants; amending s. 480.033, F.S.; 3 correcting terminology in the definition of 4 "massage"; amending s. 484.002, F.S.; amending 5 and creating definitions; amending ss. 484.002, 6 484.006, 484.012, F.S.; replacing references to 7 the term "medical doctor" with the term 8 "allopathic or osteopathic physician"; amending 9 s. 484.015, F.S.; revising inspection 10 authority; amending s. 484.0445, F.S.; removing 11 certain provisions relating to the training 12 program for hearing aid specialists; amending 13 s. 484.045, F.S.; revising requirements for 14 licensure as a hearing aid specialist by 15 examination; amending s. 490.012, F.S.; 16 prohibiting the use of certain titles or 17 descriptions relating to the practice of 18 psychology or school psychology unless properly 19 licensed; providing penalties; amending s. 20 490.014, F.S.; revising exemptions from 21 regulation under ch. 490, F.S., relating to 22 psychology; correcting a cross reference; 23 amending s. 491.012, F.S.; revising 24 prohibitions against unlicensed practice of 25 clinical social work, marriage and family 26 therapy, and mental health counseling to 27 provide that practice by registered interns is 28 lawful; amending s. 491.014, F.S.; revising 29 exemptions from licensure under ch. 491, F.S., 30 relating to clinical, counseling, and 31 psychotherapy services, to prohibit the use by 309 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 certain employees of titles, names, or 2 descriptions protected by the chapter; amending 3 ss. 458.319, 459.008, and 765.102, F.S.; 4 conforming terminology relating to palliative 5 care; amending s. 765.101, F.S.; redefining the 6 term "end-stage condition" with respect to 7 health care advance directives; creating s. 8 765.1025, F.S.; prescribing the content and 9 suitability of palliative care; amending s. 10 765.1103, F.S.; revising provisions relating to 11 compliance with requests for pain management 12 and palliative care; amending s. 765.205, F.S.; 13 prescribing the standards of decisionmaking to 14 be used in certain circumstances by health care 15 surrogates, persons who have durable powers of 16 attorney for health care, and proxy 17 decisionmakers; amending s. 765.401, F.S.; 18 prescribing the standards of decisionmaking to 19 be used in certain circumstances by proxy 20 decisionmakers; requiring the Department of 21 Health to conduct an interim study on specialty 22 certification and provide a report to the 23 Legislature; amending s. 499.012, F.S.; 24 authorizing transfer of prescription drugs 25 between a retail pharmacy and a Modified Class 26 II institutional pharmacy under a retail 27 pharmacy wholesaler's permit; providing 28 legislative intent; amending ss. 395.3025, 29 400.1415, and 456.057, F.S.; prohibiting the 30 use of a patient's medical records for purposes 31 of solicitation and marketing absent a specific 310 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469
HOUSE AMENDMENT Bill No. HB 1867, 1st Eng. Amendment No. 1 (for drafter's use only) 1 written release or authorization; providing 2 penalties; creating s. 626.9651, F.S.; 3 requiring the Department of Insurance to adopt 4 rules governing the use of a consumer's 5 nonpublic personal financial and health 6 information; providing standards for the rules; 7 amending s. 400.141, F.S.; prescribing duties 8 of nursing homes with respect to influenza and 9 pneumococcal polysaccharide vaccinations; 10 providing rulemaking authority; establishing 11 the Office of Community Partners within the 12 Department of Health to provide for delivery of 13 social services through eligible private 14 organizations and programs; providing procedure 15 for transfer of general revenue funds to match 16 federal funds received by the office; creating 17 s. 627.6474, F.S.; prohibiting health insurers 18 from requiring certain contracted health care 19 practitioners to accept the terms of other 20 health care contracts as a condition of 21 continuation or renewal; providing exceptions; 22 amending s. 627.662, F.S.; applying this 23 prohibition to group health insurance, blanket 24 health insurance, and franchise health 25 insurance; amending s. 641.315, F.S.; applying 26 this prohibition to health maintenance 27 organizations; providing effective dates. 28 29 30 31 311 File original & 9 copies 05/01/01 hcs0005 11:09 pm 01867-0052-390469