Senate Bill sb2232

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2232

    By Senator Silver





    38-1436-01

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         456.072, F.S.; requiring disclosure of training

  4         in health care advertisements and

  5         relationships; amending s. 458.309, F.S.;

  6         establishing criteria for approved board

  7         certification; amending s. 458.331, F.S.;

  8         requiring disclosure of training in

  9         advertisements and informed-consent forms;

10         amending s. 459.005, F.S.; establishing

11         criteria for approved board certification;

12         amending s. 459.015, F.S.; requiring disclosure

13         of training in advertisements and

14         informed-consent forms; providing an effective

15         date.

16

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

18

19         Section 1.  Paragraph (aa) is added to subsection (1)

20  of section 456.072, Florida Statutes, to read:

21         456.072  Grounds for discipline; penalties;

22  enforcement.--

23         (1)  The following acts shall constitute grounds for

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

25  be taken:

26         (aa)  In any advertisement, and no later than at the

27  time of the initiation of the professional relationship as

28  evidenced by the execution of an informed-consent form,

29  failing to provide, at a minimum, the type of license under

30  which the provider is operating, whether the provider is

31  board-certified by a board recognized and approved by the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2232
    38-1436-01




  1  provider's licensing agency, the name of any such board, and

  2  all fields in which the provider has completed postgraduate

  3  training.

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

  5  section 458.309, Florida Statutes, to read:

  6         458.309  Authority to make rules.--

  7         (2)

  8         (d)  In any rules relating to board certification which

  9  the board adopts, the term "board" means a board approved by

10  the American Board of Medical Specialties or the Florida Board

11  of Medicine or by both. The board shall approve only those

12  boards that provide evidence that their criteria for board

13  certification are comparable to those established by the

14  American Board of Medical Specialties.

15         Section 3.  Paragraph (d) of subsection (1) of section

16  458.331, Florida Statutes, is amended to read:

17         458.331  Grounds for disciplinary action; action by the

18  board and department.--

19         (1)  The following acts shall constitute grounds for

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

21  be taken:

22         (d)  False, deceptive, or misleading advertising, which

23  includes, but is not limited to, the dissemination of any

24  advertisement or informed-consent form that does not include,

25  at a minimum, whether the physician is board-certified by a

26  board approved by the American Board of Medical Specialties or

27  the Florida Board of Medicine or by both, the name of any such

28  board, and all fields in which the physician has completed a

29  postgraduate training program approved by the American Council

30  on Graduate Medical Education.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2232
    38-1436-01




  1         Section 4.  Subsection (1) of section 459.005, Florida

  2  Statutes, is amended to read:

  3         459.005  Rulemaking authority.--

  4         (1)  The board has authority to adopt rules pursuant to

  5  ss. 120.536(1) and 120.54 to implement the provisions of this

  6  chapter conferring duties upon it. In any rules relating to

  7  board certification which the board adopts, the term "board"

  8  means a board approved by the American Board of Osteopathic

  9  Medical Specialties or the Florida Board of Osteopathic

10  Medicine or by both. The board shall approve only those boards

11  that provide evidence that their criteria for board

12  certification are comparable to those established by the

13  American Board of Osteopathic Medical Specialties.

14         Section 5.  Paragraph (d) of subsection (1) of section

15  459.015, Florida Statutes, is amended to read:

16         459.015  Grounds for disciplinary action; action by the

17  board and department.--

18         (1)  The following acts shall constitute grounds for

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

20  be taken:

21         (d)  False, deceptive, or misleading advertising, which

22  includes, but is not limited to, the dissemination of any

23  advertisement or informed-consent form that does not include,

24  at a minimum, whether the physician is board-certified by a

25  board approved by the American Board of Osteopathic Medical

26  Specialties or the Florida Board of Osteopathic Medicine or by

27  both, the name of any such board, and all fields in which the

28  physician has completed a postgraduate training program

29  approved by the American Osteopathic Association.

30         Section 6.  This act shall take effect upon becoming a

31  law.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2232
    38-1436-01




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

  2                          SENATE SUMMARY

  3    Requires health care professionals regulated under ch.
      456 or ch. 458, F.S., and osteopathic physicians, who are
  4    regulated under ch. 459, F.S., to disclose their training
      in health care advertisements and relationships.
  5    Establishes criteria for approved board certification.
      Requires disclosure of training in advertisements and
  6    informed-consent forms.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.