HOUSE AMENDMENT
                                         Bill No. SB 782, 1st Eng.
    Amendment No. 33 (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Farkas offered the following:
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13         Amendment to Amendment (600753) (with title amendment) 
14         On page 1, line 17, of the amendment
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16  insert:  
17         Section 1.  It is the intent of the Legislature that
18  the Medical Quality Assurance Trust Fund should be
19  administered in a fiscally responsible manner. It is also the
20  intent of the Legislature that the Department of Health reduce
21  expenses wherever possible to ensure that the cost of
22  regulation is reasonable and fair and does not serve as a
23  barrier to licensure in this state. The Legislature adopts
24  findings 1, 2, 4, 5, and 8 and the recommendations of the
25  Auditor General's Medical Quality Assurance Operational Audit
26  Report Number 01-063. In addition, the Legislature adopts
27  recommendations 1, 2, 4, 5, and 7 of the Florida Senate
28  Committee on Fiscal Policy Interim Project Report 2001-016.
29         Section 2.  The Auditor General shall conduct a
30  followup audit to the Medical Quality Assurance Operational
31  Audit Report Number 01-063 to determine if the Department of
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    File original & 9 copies    05/02/01                          
    hcs0005                     11:02 am         00782-0052-414143

HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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. Paragraphs (c) and (q) of subsection (1) 16 of section 456.072, Florida Statutes, are amended, paragraphs 17 (aa), (bb), and (cc) are added to said subsection, paragraphs 18 (c), (d), and (e) of subsection (2) and subsection (4) are 19 amended, and paragraphs (i) and (j) are added to subsection 20 (2) of said section, 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 (c) Being convicted or found guilty of, or entering a 27 plea of guilty or nolo contendere to, regardless of 28 adjudication, a crime in any jurisdiction which relates to the 29 practice of, or the ability to practice, a licensee's 30 profession. 31 (q) Violating any provision of this chapter, the 23 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 applicable professional practice act, a rule of the department 2 or the board, or a lawful order of the department or the 3 board, or failing to comply with a lawfully issued subpoena of 4 the department. 5 (aa) Performing or attempting to perform health care 6 services on the wrong patient, a wrong-site procedure, a wrong 7 procedure, or an unauthorized procedure or a procedure that is 8 medically unnecessary or otherwise unrelated to the patient's 9 diagnosis or medical condition. For the purposes of this 10 paragraph, performing or attempting to perform health care 11 services includes the preparation of the patient. 12 (bb) Leaving a foreign body in a patient, such as a 13 sponge, clamp, forceps, surgical needle, or other 14 paraphernalia commonly used in surgical, examination, or other 15 diagnostic procedures. For the purposes of this paragraph, it 16 shall be legally presumed that retention of a foreign body is 17 not in the best interest of the patient and is not within the 18 standard of care of the profession, regardless of the intent 19 of the professional. 20 (cc) Violating any provision of this chapter, the 21 applicable practice act, or any rules adopted pursuant 22 thereto. 23 (2) When the board, or the department when there is no 24 board, finds any person guilty of the grounds set forth in 25 subsection (1) or of any grounds set forth in the applicable 26 practice act, including conduct constituting a substantial 27 violation of subsection (1) or a violation of the applicable 28 practice act which occurred prior to obtaining a license, it 29 may enter an order imposing one or more of the following 30 penalties: 31 (c) Restriction of practice or license, including, but 24 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 not limited to, restricting the licensee from practicing in 2 certain settings, restricting the licensee to work only under 3 designated conditions or in certain settings, restricting the 4 licensee from performing or providing designated clinical and 5 administrative services, restricting the licensee from 6 practicing more than a designated number of hours, or any 7 other restriction found to be necessary for the protection of 8 the public health, safety, and welfare. 9 (d) Imposition of an administrative fine not to exceed 10 $10,000 for each count or separate offense. If the violation 11 is for fraud or making a false or fraudulent representation, 12 the board, or the department if there is no board, must impose 13 a fine of $10,000 per count or offense. 14 (e) Issuance of a reprimand or letter of concern. 15 (i) Refund of fees billed and collected from the 16 patient or a third party on behalf of the patient. 17 (j) Requirement that the practitioner undergo remedial 18 education. 19 20 In determining what action is appropriate, the board, or 21 department when there is no board, must first consider what 22 sanctions are necessary to protect the public or to compensate 23 the patient. Only after those sanctions have been imposed may 24 the disciplining authority consider and include in the order 25 requirements designed to rehabilitate the practitioner. All 26 costs associated with compliance with orders issued under this 27 subsection are the obligation of the practitioner. 28 (4) In addition to any other discipline imposed 29 through final order, or citation, entered on or after July 1, 30 2001, pursuant to this section or discipline imposed through 31 final order, or citation, entered on or after July 1, 2001, 25 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 for a violation of any practice act, the board, or the 2 department when there is no board, shall may assess costs 3 related to the investigation and prosecution of the case. In 4 any case where the board or the department imposes a fine or 5 assessment and the fine or assessment is not paid within a 6 reasonable time, such reasonable time to be prescribed in the 7 rules of the board, or the department when there is no board, 8 or in the order assessing such fines or costs, the department 9 or the Department of Legal Affairs may contract for the 10 collection of, or bring a civil action to recover, the fine or 11 assessment. 12 Section 17. Subsection (3) of section 456.079, Florida 13 Statutes, is amended to read: 14 456.079 Disciplinary guidelines.-- 15 (3) A specific finding in the final order of 16 mitigating or aggravating circumstances shall allow the board 17 to impose a penalty other than that provided for in such 18 guidelines. If applicable, the board, or the department if 19 there is no board, shall adopt by rule disciplinary guidelines 20 to designate possible mitigating and aggravating circumstances 21 and the variation and range of penalties permitted for such 22 circumstances. 23 Section 18. Subsections (1) and (2) of section 24 457.109, Florida Statutes, are amended to read: 25 457.109 Disciplinary actions; grounds; action by the 26 board.-- 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 26 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 license to practice acupuncture by bribery, by fraudulent 2 misrepresentations, or through an error of the department. 3 (b) Having a license to practice acupuncture 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, regardless of 8 adjudication, in any jurisdiction of a crime which directly 9 relates to the practice of acupuncture or to the ability to 10 practice acupuncture. Any plea of nolo contendere shall be 11 considered a conviction for purposes of this chapter. 12 (d) False, deceptive, or misleading advertising or 13 advertising which claims that acupuncture is useful in curing 14 any disease. 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. 20 (g) Aiding, assisting, procuring, employing, or 21 advising any unlicensed person to practice acupuncture 22 contrary to this chapter or to a rule of the department. 23 (h) Failing to perform any statutory or legal 24 obligation placed upon a licensed acupuncturist. 25 (i) Making or filing a report which the licensee knows 26 to be false, intentionally or negligently failing to file a 27 report or record required by state or federal law, willfully 28 impeding or obstructing such filing or inducing another person 29 to do so. Such reports or records shall include only those 30 which are signed in the capacity as a licensed acupuncturist. 31 (j) Exercising influence within a 27 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 patient-acupuncturist relationship for purposes of engaging a 2 patient in sexual activity. A patient shall be presumed to be 3 incapable of giving free, full, and informed consent to sexual 4 activity with his or her acupuncturist. 5 (k) Making deceptive, untrue, or fraudulent 6 representations in the practice of acupuncture or employing a 7 trick or scheme in the practice of acupuncture when such 8 scheme or trick fails to conform to the generally prevailing 9 standards of treatment in the community. 10 (l) Soliciting patients, either personally or through 11 an agent, through the use of fraud, intimidation, undue 12 influence, or a form of overreaching or vexatious conduct. A 13 solicitation is any communication which directly or implicitly 14 requests an immediate oral response from the recipient. 15 (m) Failing to keep written medical records justifying 16 the course of treatment of the patient. 17 (n) Exercising influence on the patient to exploit the 18 patient for the financial gain of the licensee or of a third 19 party. 20 (o) Being unable to practice acupuncture with 21 reasonable skill and safety to patients by reason of illness 22 or use of alcohol, drugs, narcotics, chemicals, or any other 23 type of material or as a result of any mental or physical 24 condition. In enforcing this paragraph, upon a finding of the 25 secretary or the secretary's designee that probable cause 26 exists to believe that the licensee is unable to serve as an 27 acupuncturist due to the reasons stated in this paragraph, the 28 department shall have the authority to issue an order to 29 compel the licensee to submit to a mental or physical 30 examination by a physician designated by the department. If 31 the licensee refuses to comply with such order, the 28 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 department's order directing such examination may be enforced 2 by filing a petition for enforcement in the circuit court 3 where the licensee resides or serves as an acupuncturist. The 4 licensee against whom the petition is filed shall not be named 5 or identified by initials in any public court record or 6 document, and the proceedings shall be closed to the public. 7 The department shall be entitled to the summary procedure 8 provided in s. 51.011. An acupuncturist affected under this 9 paragraph shall at reasonable intervals be afforded an 10 opportunity to demonstrate that he or she can resume the 11 competent practice of acupuncture with reasonable skill and 12 safety to patients. In any proceeding under this paragraph, 13 neither the record of proceedings nor the orders entered by 14 the department shall be used against an acupuncturist in any 15 other proceeding. 16 (p) Gross or repeated malpractice or the failure to 17 practice acupuncture with that level of care, skill, and 18 treatment which is recognized by a reasonably prudent similar 19 acupuncturist as being acceptable under similar conditions and 20 circumstances. 21 (q) Practicing or offering to practice beyond the 22 scope permitted by law or accepting and performing 23 professional responsibilities which the licensee knows or has 24 reason to know that he or she is not competent to perform. 25 (r) Delegating professional responsibilities to a 26 person when the licensee delegating such responsibilities 27 knows or has reason to know that such person is not qualified 28 by training, experience, or licensure to perform them. 29 (s) Violating any provision of this chapter, a rule of 30 the department, or a lawful order of the board department 31 previously entered in a disciplinary hearing or failing to 29 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 comply with a lawfully issued subpoena of the department. 2 (t) Conspiring with another to commit an act, or 3 committing an act, which would tend to coerce, intimidate, or 4 preclude another licensee from lawfully advertising his or her 5 services. 6 (u) Fraud or deceit or gross negligence, incompetence, 7 or misconduct in the operation of a course of study. 8 (v) Failing to comply with state, county, or municipal 9 regulations or reporting requirements relating to public 10 health and the control of contagious and infectious diseases. 11 (w) Failing to comply with any rule of the board 12 relating to health and safety, including, but not limited to, 13 the sterilization of needles and equipment and the disposal of 14 potentially infectious materials. 15 (x) Violating any provision of this chapter or chapter 16 456, or any rules adopted pursuant thereto. 17 (2) The board may enter an order denying licensure or 18 imposing any of the penalties in s. 456.072(2) against any 19 applicant for licensure or licensee who is found guilty of 20 violating any provision of subsection (1) of this section or 21 who is found guilty of violating any provision of s. 22 456.072(1). When the board finds any person guilty of any of 23 the acts set forth in subsection (1), it may enter an order 24 imposing one or more of the following penalties: 25 (a) Refusal to certify to the department an 26 application for licensure. 27 (b) Revocation or suspension of a license. 28 (c) Restriction of practice. 29 (d) Imposition of an administrative fine not to exceed 30 $1,000 for each count or separate offense. 31 (e) Issuance of a reprimand. 30 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (f) Placement of the acupuncturist on probation for a 2 period of time and subject to such conditions as the board may 3 specify. 4 Section 19. Subsection (6) of section 458.320, Florida 5 Statutes, is amended to read: 6 458.320 Financial responsibility.-- 7 (6) Any deceptive, untrue, or fraudulent 8 representation by the licensee with respect to any provision 9 of this section shall result in permanent disqualification 10 from any exemption to mandated financial responsibility as 11 provided in this section and shall constitute grounds for 12 disciplinary action under as specified in s. 458.331. 13 Section 20. Subsections (1) and (2) of section 14 458.331, Florida Statutes, are amended to read: 15 458.331 Grounds for disciplinary action; action by the 16 board and department.-- 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 to practice medicine by bribery, by fraudulent 23 misrepresentations, or through an error of the department or 24 the board. 25 (b) Having a license or the authority to practice 26 medicine revoked, suspended, or otherwise acted against, 27 including the denial of licensure, by the licensing authority 28 of any jurisdiction, including its agencies or subdivisions. 29 The licensing authority's acceptance of a physician's 30 relinquishment of a license, stipulation, consent order, or 31 other settlement, offered in response to or in anticipation of 31 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the filing of administrative charges against the physician's 2 license, shall be construed as action against the physician's 3 license. 4 (c) Being convicted or found guilty of, or entering a 5 plea of nolo contendere to, regardless of adjudication, a 6 crime in any jurisdiction which directly relates to the 7 practice of medicine or to the ability to practice medicine. 8 (d) False, deceptive, or misleading advertising. 9 (e) Failing to report to the department any person who 10 the licensee knows is in violation of this chapter or of the 11 rules of the department or the board. A treatment provider 12 approved pursuant to s. 456.076 shall provide the department 13 or consultant with information in accordance with the 14 requirements of s. 456.076(3), (4), (5), and (6). 15 (f) Aiding, assisting, procuring, or advising any 16 unlicensed person to practice medicine contrary to this 17 chapter or to a rule of the department or the board. 18 (g) Failing to perform any statutory or legal 19 obligation placed upon a licensed physician. 20 (h) Making or filing a report which the licensee knows 21 to be false, intentionally or negligently failing to file a 22 report or record required by state or federal law, willfully 23 impeding or obstructing such filing or inducing another person 24 to do so. Such reports or records shall include only those 25 which are signed in the capacity as a licensed physician. 26 (i) Paying or receiving any commission, bonus, 27 kickback, or rebate, or engaging in any split-fee arrangement 28 in any form whatsoever with a physician, organization, agency, 29 or person, either directly or indirectly, for patients 30 referred to providers of health care goods and services, 31 including, but not limited to, hospitals, nursing homes, 32 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 clinical laboratories, ambulatory surgical centers, or 2 pharmacies. The provisions of this paragraph shall not be 3 construed to prevent a physician from receiving a fee for 4 professional consultation services. 5 (j) 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 (k) Making deceptive, untrue, or fraudulent 11 representations in or related to the practice of medicine or 12 employing a trick or scheme in the practice of medicine. 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 legible, as defined by department 19 rule in consultation with the board, medical records that 20 identify the licensed physician or the physician extender and 21 supervising physician by name and professional title who is or 22 are responsible for rendering, ordering, supervising, or 23 billing for each diagnostic or treatment procedure and that 24 justify the course of treatment of the patient, including, but 25 not limited to, patient histories; examination results; test 26 results; records of drugs prescribed, dispensed, or 27 administered; and reports of consultations and 28 hospitalizations. 29 (n) Exercising influence on the patient or client in 30 such a manner as to exploit the patient or client for 31 financial gain of the licensee or of a third party, which 33 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 shall include, but not be limited to, the promoting or selling 2 of services, goods, appliances, or drugs. 3 (o) Promoting or advertising on any prescription form 4 of a community pharmacy unless the form shall also state "This 5 prescription may be filled at any pharmacy of your choice." 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. 743.064, s. 9 766.103, or s. 768.13. 10 (q) Prescribing, dispensing, administering, mixing, or 11 otherwise preparing a legend drug, including any controlled 12 substance, other than in the course of the physician's 13 professional practice. For the purposes of this paragraph, it 14 shall be legally presumed that prescribing, dispensing, 15 administering, mixing, or otherwise preparing legend drugs, 16 including all controlled substances, inappropriately or in 17 excessive or inappropriate quantities is not in the best 18 interest of the patient and is not in the course of the 19 physician's professional practice, without regard to his or 20 her intent. 21 (r) Prescribing, dispensing, or administering any 22 medicinal drug appearing on any schedule set forth in chapter 23 893 by the physician to himself or herself, except one 24 prescribed, dispensed, or administered to the physician by 25 another practitioner authorized to prescribe, dispense, or 26 administer medicinal drugs. 27 (s) Being unable to practice medicine with reasonable 28 skill and safety to patients by reason of illness or use of 29 alcohol, drugs, narcotics, chemicals, or any other type of 30 material or as a result of any mental or physical condition. 31 In enforcing this paragraph, the department shall have, upon a 34 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 finding of the secretary or the secretary's designee that 2 probable cause exists to believe that the licensee is unable 3 to practice medicine because of the reasons stated in this 4 paragraph, the authority to issue an order to compel a 5 licensee to submit to a mental or physical examination by 6 physicians designated by the department. If the licensee 7 refuses to comply with such order, the department's order 8 directing such examination may be enforced by filing a 9 petition for enforcement in the circuit court where the 10 licensee resides or does business. The licensee against whom 11 the petition is filed may not be named or identified by 12 initials in any public court records or documents, and the 13 proceedings shall be closed to the public. The department 14 shall be entitled to the summary procedure provided in s. 15 51.011. A licensee or certificateholder affected under this 16 paragraph shall at reasonable intervals be afforded an 17 opportunity to demonstrate that he or she can resume the 18 competent practice of medicine with reasonable skill and 19 safety to patients. 20 (t) Gross or repeated malpractice or the failure to 21 practice medicine with that level of care, skill, and 22 treatment which is recognized by a reasonably prudent similar 23 physician as being acceptable under similar conditions and 24 circumstances. The board shall give great weight to the 25 provisions of s. 766.102 when enforcing this paragraph. As 26 used in this paragraph, "repeated malpractice" includes, but 27 is not limited to, three or more claims for medical 28 malpractice within the previous 5-year period resulting in 29 indemnities being paid in excess of $25,000 each to the 30 claimant in a judgment or settlement and which incidents 31 involved negligent conduct by the physician. As used in this 35 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 paragraph, "gross malpractice" or "the failure to practice 2 medicine with that level of care, skill, and treatment which 3 is recognized by a reasonably prudent similar physician as 4 being acceptable under similar conditions and circumstances," 5 shall not be construed so as to require more than one 6 instance, event, or act. Nothing in this paragraph shall be 7 construed to require that a physician be incompetent to 8 practice medicine in order to be disciplined pursuant to this 9 paragraph. 10 (u) Performing any procedure or prescribing any 11 therapy which, by the prevailing standards of medical practice 12 in the community, would constitute experimentation on a human 13 subject, without first obtaining full, informed, and written 14 consent. 15 (v) 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 he or she is not competent to perform. The 19 board may establish by rule standards of practice and 20 standards of care for particular practice settings, including, 21 but not limited to, education and training, equipment and 22 supplies, medications including anesthetics, assistance of and 23 delegation to other personnel, transfer agreements, 24 sterilization, records, performance of complex or multiple 25 procedures, informed consent, and policy and procedure 26 manuals. 27 (w) Delegating professional responsibilities to a 28 person when the licensee delegating such responsibilities 29 knows or has reason to know that such person is not qualified 30 by training, experience, or licensure to perform them. 31 (x) Violating any provision of this chapter, a rule of 36 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the board or department, or 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 (y) Conspiring with another licensee or with any other 6 person to commit an act, or committing an act, which would 7 tend to coerce, intimidate, or preclude another licensee from 8 lawfully advertising his or her services. 9 (z) Procuring, or aiding or abetting in the procuring 10 of, an unlawful termination of pregnancy. 11 (aa) Presigning blank prescription forms. 12 (bb) Prescribing any medicinal drug appearing on 13 Schedule II in chapter 893 by the physician for office use. 14 (cc) Prescribing, ordering, dispensing, administering, 15 supplying, selling, or giving any drug which is a Schedule II 16 amphetamine or a Schedule II sympathomimetic amine drug or any 17 compound thereof, pursuant to chapter 893, to or for any 18 person except for: 19 1. The treatment of narcolepsy; hyperkinesis; 20 behavioral syndrome characterized by the developmentally 21 inappropriate symptoms of moderate to severe distractability, 22 short attention span, hyperactivity, emotional lability, and 23 impulsivity; or drug-induced brain dysfunction; 24 2. The differential diagnostic psychiatric evaluation 25 of depression or the treatment of depression shown to be 26 refractory to other therapeutic modalities; or 27 3. The clinical investigation of the effects of such 28 drugs or compounds when an investigative protocol therefor is 29 submitted to, reviewed, and approved by the board before such 30 investigation is begun. 31 (dd) Failing to supervise adequately the activities of 37 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 those physician assistants, paramedics, emergency medical 2 technicians, or advanced registered nurse practitioners acting 3 under the supervision of the physician. 4 (ee) Prescribing, ordering, dispensing, administering, 5 supplying, selling, or giving growth hormones, testosterone or 6 its analogs, human chorionic gonadotropin (HCG), or other 7 hormones for the purpose of muscle building or to enhance 8 athletic performance. For the purposes of this subsection, the 9 term "muscle building" does not include the treatment of 10 injured muscle. A prescription written for the drug products 11 listed above may be dispensed by the pharmacist with the 12 presumption that the prescription is for legitimate medical 13 use. 14 (ff) Prescribing, ordering, dispensing, administering, 15 supplying, selling, or giving amygdalin (laetrile) to any 16 person. 17 (gg) Misrepresenting or concealing a material fact at 18 any time during any phase of a licensing or disciplinary 19 process or procedure. 20 (hh) Improperly interfering with an investigation or 21 with any disciplinary proceeding. 22 (ii) Failing to report to the department any licensee 23 under this chapter or under chapter 459 who the physician or 24 physician assistant knows has violated the grounds for 25 disciplinary action set out in the law under which that person 26 is licensed and who provides health care services in a 27 facility licensed under chapter 395, or a health maintenance 28 organization certificated under part I of chapter 641, in 29 which the physician or physician assistant also provides 30 services. 31 (jj) Being found by any court in this state to have 38 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 provided corroborating written medical expert opinion attached 2 to any statutorily required notice of claim or intent or to 3 any statutorily required response rejecting a claim, without 4 reasonable investigation. 5 (kk) Failing to report to the board, in writing, 6 within 30 days if action as defined in paragraph (b) has been 7 taken against one's license to practice medicine in another 8 state, territory, or country. 9 (ll) Advertising or holding oneself out as a 10 board-certified specialist, if not qualified under s. 11 458.3312, in violation of this chapter. 12 (mm) Failing to comply with the requirements of ss. 13 381.026 and 381.0261 to provide patients with information 14 about their patient rights and how to file a patient 15 complaint. 16 (nn) Violating any provision of this chapter or 17 chapter 456, or any rules adopted pursuant thereto. 18 (2) The board may enter an order denying licensure or 19 imposing any of the penalties in s. 456.072(2) against any 20 applicant for licensure or licensee who is found guilty of 21 violating any provision of subsection (1) of this section or 22 who is found guilty of violating any provision of s. 23 456.072(1). When the board finds any person guilty of any of 24 the grounds set forth in subsection (1), including conduct 25 that would constitute a substantial violation of subsection 26 (1) which occurred prior to licensure, it may enter an order 27 imposing one or more of the following penalties: 28 (a) Refusal to certify, or certification with 29 restrictions, to the department an application for licensure, 30 certification, or registration. 31 (b) Revocation or suspension of a license. 39 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (c) Restriction of practice. 2 (d) Imposition of an administrative fine not to exceed 3 $10,000 for each count or separate offense. 4 (e) Issuance of a reprimand. 5 (f) Placement of the physician on probation for a 6 period of time and subject to such conditions as the board may 7 specify, including, but not limited to, requiring the 8 physician to submit to treatment, to attend continuing 9 education courses, to submit to reexamination, or to work 10 under the supervision of another physician. 11 (g) Issuance of a letter of concern. 12 (h) Corrective action. 13 (i) Refund of fees billed to and collected from the 14 patient. 15 (j) Imposition of an administrative fine in accordance 16 with s. 381.0261 for violations regarding patient rights. 17 18 In determining what action is appropriate, the board must 19 first consider what sanctions are necessary to protect the 20 public or to compensate the patient. Only after those 21 sanctions have been imposed may the disciplining authority 22 consider and include in the order requirements designed to 23 rehabilitate the physician. All costs associated with 24 compliance with orders issued under this subsection are the 25 obligation of the physician. 26 Section 21. Subsection (2) of section 458.345, Florida 27 Statutes, is amended to read: 28 458.345 Registration of resident physicians, interns, 29 and fellows; list of hospital employees; prescribing of 30 medicinal drugs; penalty.-- 31 (2) The board shall not certify to the department for 40 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 registration any applicant who is under investigation in any 2 state or jurisdiction for an act which would constitute 3 grounds the basis for imposing a disciplinary action under 4 penalty specified in s. 458.331(2)(b) until such time as the 5 investigation is completed, at which time the provisions of s. 6 458.331 shall apply. 7 Section 22. Paragraph (g) of subsection (7) of section 8 458.347, Florida Statutes, is amended to read: 9 458.347 Physician assistants.-- 10 (7) PHYSICIAN ASSISTANT LICENSURE.-- 11 (g) The Board of Medicine may impose any of the 12 penalties authorized under specified in ss. 456.072 and 13 458.331(2) upon a physician assistant if the physician 14 assistant or the supervising physician has been found guilty 15 of or is being investigated for any act that constitutes a 16 violation of this chapter or chapter 456. 17 Section 23. Subsection (6) of section 459.0085, 18 Florida Statutes, is amended to read: 19 459.0085 Financial responsibility.-- 20 (6) Any deceptive, untrue, or fraudulent 21 representation by the licensee with respect to any provision 22 of this section shall result in permanent disqualification 23 from any exemption to mandated financial responsibility as 24 provided in this section and shall constitute grounds for 25 disciplinary action under as specified in s. 459.015. 26 Section 24. Subsections (1) and (2) of section 27 459.015, Florida Statutes, are amended to read: 28 459.015 Grounds for disciplinary action; action by the 29 board and department.-- 30 (1) The following acts shall constitute grounds for 31 denial of a license or disciplinary action, as specified in s. 41 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 osteopathic medicine or a certificate 5 issued under this chapter by bribery, by fraudulent 6 misrepresentations, or through an error of the department or 7 the board. 8 (b) Having a license or the authority to practice 9 osteopathic medicine revoked, suspended, or otherwise acted 10 against, including the denial of licensure, by the licensing 11 authority of any jurisdiction, including its agencies or 12 subdivisions. The licensing authority's acceptance of a 13 physician's relinquishment of license, stipulation, consent 14 order, or other settlement offered in response to or in 15 anticipation of the filing of administrative charges against 16 the physician shall be construed as action against the 17 physician's license. 18 (c) Being convicted or found guilty, regardless of 19 adjudication, of a crime in any jurisdiction which directly 20 relates to the practice of osteopathic medicine or to the 21 ability to practice osteopathic medicine. A plea of nolo 22 contendere shall create a rebuttable presumption of guilt to 23 the underlying criminal charges. 24 (d) False, deceptive, or misleading advertising. 25 (e) Failing to report to the department or the 26 department's impaired professional consultant any person who 27 the licensee or certificateholder knows is in violation of 28 this chapter or of the rules of the department or the board. 29 A treatment provider, approved pursuant to s. 456.076, shall 30 provide the department or consultant with information in 31 accordance with the requirements of s. 456.076(3), (4), (5), 42 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 and (6). 2 (f) Aiding, assisting, procuring, or advising any 3 unlicensed person to practice osteopathic medicine contrary to 4 this chapter or to a rule of the department or the board. 5 (g) Failing to perform any statutory or legal 6 obligation placed upon a licensed osteopathic physician. 7 (h) Giving false testimony in the course of any legal 8 or administrative proceedings relating to the practice of 9 medicine or the delivery of health care services. 10 (i) Making or filing a report which the licensee knows 11 to be false, intentionally or negligently failing to file a 12 report or record required by state or federal law, willfully 13 impeding or obstructing such filing, or inducing another 14 person to do so. Such reports or records shall include only 15 those which are signed in the capacity as a licensed 16 osteopathic physician. 17 (j) Paying or receiving any commission, bonus, 18 kickback, or rebate, or engaging in any split-fee arrangement 19 in any form whatsoever with a physician, organization, agency, 20 person, partnership, firm, corporation, or other business 21 entity, for patients referred to providers of health care 22 goods and services, including, but not limited to, hospitals, 23 nursing homes, clinical laboratories, ambulatory surgical 24 centers, or pharmacies. The provisions of this paragraph 25 shall not be construed to prevent an osteopathic physician 26 from receiving a fee for professional consultation services. 27 (k) Refusing to provide health care based on a 28 patient's participation in pending or past litigation or 29 participation in any disciplinary action conducted pursuant to 30 this chapter, unless such litigation or disciplinary action 31 directly involves the osteopathic physician requested to 43 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 provide services. 2 (l) Exercising influence within a patient-physician 3 relationship for purposes of engaging a patient in sexual 4 activity. A patient shall be presumed to be incapable of 5 giving free, full, and informed consent to sexual activity 6 with his or her physician. 7 (m) Making deceptive, untrue, or fraudulent 8 representations in or related to the practice of osteopathic 9 medicine or employing a trick or scheme in the practice of 10 osteopathic medicine. 11 (n) Soliciting patients, either personally or through 12 an agent, through the use of fraud, intimidation, undue 13 influence, or forms of overreaching or vexatious conduct. A 14 solicitation is any communication which directly or implicitly 15 requests an immediate oral response from the recipient. 16 (o) Failing to keep legible, as defined by department 17 rule in consultation with the board, medical records that 18 identify the licensed osteopathic physician or the osteopathic 19 physician extender and supervising osteopathic physician by 20 name and professional title who is or are responsible for 21 rendering, ordering, supervising, or billing for each 22 diagnostic or treatment procedure and that justify the course 23 of treatment of the patient, including, but not limited to, 24 patient histories; examination results; test results; records 25 of drugs prescribed, dispensed, or administered; and reports 26 of consultations and hospitalizations. 27 (p) Fraudulently altering or destroying records 28 relating to patient care or treatment, including, but not 29 limited to, patient histories, examination results, and test 30 results. 31 (q) Exercising influence on the patient or client in 44 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 such a manner as to exploit the patient or client for 2 financial gain of the licensee or of a third party which shall 3 include, but not be limited to, the promotion or sale of 4 services, goods, appliances, or drugs. 5 (r) Promoting or advertising on any prescription form 6 of a community pharmacy, unless the form shall also state 7 "This prescription may be filled at any pharmacy of your 8 choice." 9 (s) 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 (t) Prescribing, dispensing, administering, supplying, 14 selling, giving, mixing, or otherwise preparing a legend drug, 15 including all controlled substances, other than in the course 16 of the osteopathic physician's professional practice. For the 17 purposes of this paragraph, it shall be legally presumed that 18 prescribing, dispensing, administering, supplying, selling, 19 giving, mixing, or otherwise preparing legend drugs, including 20 all controlled substances, inappropriately or in excessive or 21 inappropriate quantities is not in the best interest of the 22 patient and is not in the course of the osteopathic 23 physician's professional practice, without regard to his or 24 her intent. 25 (u) Prescribing or dispensing any medicinal drug 26 appearing on any schedule set forth in chapter 893 by the 27 osteopathic physician for himself or herself or administering 28 any such drug by the osteopathic physician to himself or 29 herself unless such drug is prescribed for the osteopathic 30 physician by another practitioner authorized to prescribe 31 medicinal drugs. 45 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (v) Prescribing, ordering, dispensing, administering, 2 supplying, selling, or giving amygdalin (laetrile) to any 3 person. 4 (w) Being unable to practice osteopathic medicine with 5 reasonable skill and safety to patients by reason of illness 6 or use of alcohol, drugs, narcotics, chemicals, or any other 7 type of material or as a result of any mental or physical 8 condition. In enforcing this paragraph, the department shall, 9 upon a finding of the secretary or the secretary's designee 10 that probable cause exists to believe that the licensee is 11 unable to practice medicine because of the reasons stated in 12 this paragraph, have the authority to issue an order to compel 13 a licensee to submit to a mental or physical examination by 14 physicians designated by the department. If the licensee 15 refuses to comply with such order, the department's order 16 directing such examination may be enforced by filing a 17 petition for enforcement in the circuit court where the 18 licensee resides or does business. The licensee against whom 19 the petition is filed shall not be named or identified by 20 initials in any public court records or documents, and the 21 proceedings shall be closed to the public. The department 22 shall be entitled to the summary procedure provided in s. 23 51.011. A licensee or certificateholder affected under this 24 paragraph shall at reasonable intervals be afforded an 25 opportunity to demonstrate that he or she can resume the 26 competent practice of medicine with reasonable skill and 27 safety to patients. 28 (x) Gross or repeated malpractice or the failure to 29 practice osteopathic medicine with that level of care, skill, 30 and treatment which is recognized by a reasonably prudent 31 similar osteopathic physician as being acceptable under 46 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 similar conditions and circumstances. The board shall give 2 great weight to the provisions of s. 766.102 when enforcing 3 this paragraph. As used in this paragraph, "repeated 4 malpractice" includes, but is not limited to, three or more 5 claims for medical malpractice within the previous 5-year 6 period resulting in indemnities being paid in excess of 7 $25,000 each to the claimant in a judgment or settlement and 8 which incidents involved negligent conduct by the osteopathic 9 physician. As used in this paragraph, "gross malpractice" or 10 "the failure to practice osteopathic medicine with that level 11 of care, skill, and treatment which is recognized by a 12 reasonably prudent similar osteopathic physician as being 13 acceptable under similar conditions and circumstances" shall 14 not be construed so as to require more than one instance, 15 event, or act. Nothing in this paragraph shall be construed to 16 require that an osteopathic physician be incompetent to 17 practice osteopathic medicine in order to be disciplined 18 pursuant to this paragraph. A recommended order by an 19 administrative law judge or a final order of the board finding 20 a violation under this paragraph shall specify whether the 21 licensee was found to have committed "gross malpractice," 22 "repeated malpractice," or "failure to practice osteopathic 23 medicine with that level of care, skill, and treatment which 24 is recognized as being acceptable under similar conditions and 25 circumstances," or any combination thereof, and any 26 publication by the board shall so specify. 27 (y) Performing any procedure or prescribing any 28 therapy which, by the prevailing standards of medical practice 29 in the community, would constitute experimentation on human 30 subjects, without first obtaining full, informed, and written 31 consent. 47 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (z) Practicing or offering to practice beyond the 2 scope permitted by law or accepting and performing 3 professional responsibilities which the licensee knows or has 4 reason to know that he or she is not competent to perform. The 5 board may establish by rule standards of practice and 6 standards of care for particular practice settings, including, 7 but not limited to, education and training, equipment and 8 supplies, medications including anesthetics, assistance of and 9 delegation to other personnel, transfer agreements, 10 sterilization, records, performance of complex or multiple 11 procedures, informed consent, and policy and procedure 12 manuals. 13 (aa) Delegating professional responsibilities to a 14 person when the licensee delegating such responsibilities 15 knows or has reason to know that such person is not qualified 16 by training, experience, or licensure to perform them. 17 (bb) Violating any provision of this chapter, a rule 18 of the board or department, or a lawful order of the board or 19 department previously entered in a disciplinary hearing or 20 failing to comply with a lawfully issued subpoena of the board 21 or department. 22 (cc) Conspiring with another licensee or with any 23 other person to commit an act, or committing an act, which 24 would tend to coerce, intimidate, or preclude another licensee 25 from lawfully advertising his or her services. 26 (dd) Procuring, or aiding or abetting in the procuring 27 of, an unlawful termination of pregnancy. 28 (ee) Presigning blank prescription forms. 29 (ff) Prescribing any medicinal drug appearing on 30 Schedule II in chapter 893 by the osteopathic physician for 31 office use. 48 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (gg) Prescribing, ordering, dispensing, administering, 2 supplying, selling, or giving any drug which is a Schedule II 3 amphetamine or Schedule II sympathomimetic amine drug or any 4 compound thereof, pursuant to chapter 893, to or for any 5 person except for: 6 1. The treatment of narcolepsy; hyperkinesis; 7 behavioral syndrome characterized by the developmentally 8 inappropriate symptoms of moderate to severe distractability, 9 short attention span, hyperactivity, emotional lability, and 10 impulsivity; or drug-induced brain dysfunction; 11 2. The differential diagnostic psychiatric evaluation 12 of depression or the treatment of depression shown to be 13 refractory to other therapeutic modalities; or 14 3. The clinical investigation of the effects of such 15 drugs or compounds when an investigative protocol therefor is 16 submitted to, reviewed, and approved by the board before such 17 investigation is begun. 18 (hh) Failing to supervise adequately the activities of 19 those physician assistants, paramedics, emergency medical 20 technicians, advanced registered nurse practitioners, or other 21 persons acting under the supervision of the osteopathic 22 physician. 23 (ii) Prescribing, ordering, dispensing, administering, 24 supplying, selling, or giving growth hormones, testosterone or 25 its analogs, human chorionic gonadotropin (HCG), or other 26 hormones for the purpose of muscle building or to enhance 27 athletic performance. For the purposes of this subsection, the 28 term "muscle building" does not include the treatment of 29 injured muscle. A prescription written for the drug products 30 listed above may be dispensed by the pharmacist with the 31 presumption that the prescription is for legitimate medical 49 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 use. 2 (jj) Misrepresenting or concealing a material fact at 3 any time during any phase of a licensing or disciplinary 4 process or procedure. 5 (kk) Improperly interfering with an investigation or 6 with any disciplinary proceeding. 7 (ll) Failing to report to the department any licensee 8 under chapter 458 or under this chapter who the osteopathic 9 physician or physician assistant knows has violated the 10 grounds for disciplinary action set out in the law under which 11 that person is licensed and who provides health care services 12 in a facility licensed under chapter 395, or a health 13 maintenance organization certificated under part I of chapter 14 641, in which the osteopathic physician or physician assistant 15 also provides services. 16 (mm) Being found by any court in this state to have 17 provided corroborating written medical expert opinion attached 18 to any statutorily required notice of claim or intent or to 19 any statutorily required response rejecting a claim, without 20 reasonable investigation. 21 (nn) Advertising or holding oneself out as a 22 board-certified specialist in violation of this chapter. 23 (oo) Failing to comply with the requirements of ss. 24 381.026 and 381.0261 to provide patients with information 25 about their patient rights and how to file a patient 26 complaint. 27 (pp) Violating any provision of this chapter or 28 chapter 456, or any rules adopted pursuant thereto. 29 (2) The board may enter an order denying licensure or 30 imposing any of the penalties in s. 456.072(2) against any 31 applicant for licensure or licensee who is found guilty of 50 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 violating any provision of subsection (1) of this section or 2 who is found guilty of violating any provision of s. 3 456.072(1). When the board finds any person guilty of any of 4 the grounds set forth in subsection (1), it may enter an order 5 imposing one or more of the following penalties: 6 (a) Refusal to certify, or certify with restrictions, 7 to the department an application for certification, licensure, 8 renewal, or reactivation. 9 (b) Revocation or suspension of a license or 10 certificate. 11 (c) Restriction of practice. 12 (d) Imposition of an administrative fine not to exceed 13 $10,000 for each count or separate offense. 14 (e) Issuance of a reprimand. 15 (f) Issuance of a letter of concern. 16 (g) Placement of the osteopathic physician on 17 probation for a period of time and subject to such conditions 18 as the board may specify, including, but not limited to, 19 requiring the osteopathic physician to submit to treatment, 20 attend continuing education courses, submit to reexamination, 21 or work under the supervision of another osteopathic 22 physician. 23 (h) Corrective action. 24 (i) Refund of fees billed to and collected from the 25 patient. 26 (j) Imposition of an administrative fine in accordance 27 with s. 381.0261 for violations regarding patient rights. 28 29 In determining what action is appropriate, the board must 30 first consider what sanctions are necessary to protect the 31 public or to compensate the patient. Only after those 51 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 sanctions have been imposed may the disciplining authority 2 consider and include in the order requirements designed to 3 rehabilitate the physician. All costs associated with 4 compliance with orders issued under this subsection are the 5 obligation of the physician. 6 Section 25. Paragraph (f) of subsection (7) of section 7 459.022, Florida Statutes, is amended to read: 8 459.022 Physician assistants.-- 9 (7) PHYSICIAN ASSISTANT LICENSURE.-- 10 (f) The Board of Osteopathic Medicine may impose any 11 of the penalties authorized under specified in ss. 456.072 and 12 459.015(2) upon a physician assistant if the physician 13 assistant or the supervising physician has been found guilty 14 of or is being investigated for any act that constitutes a 15 violation of this chapter or chapter 456. 16 Section 26. Subsections (1) and (2) of section 17 460.413, Florida Statutes, are amended to read: 18 460.413 Grounds for disciplinary action; action by 19 board or 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 chiropractic medicine by bribery, by 26 fraudulent misrepresentations, or through an error of the 27 department or the board. 28 (b) Having a license to practice chiropractic medicine 29 revoked, suspended, or otherwise acted against, including the 30 denial of licensure, by the licensing authority of another 31 state, territory, or country. 52 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (c) Being convicted or found guilty, regardless of 2 adjudication, of a crime in any jurisdiction which directly 3 relates to the practice of chiropractic medicine or to the 4 ability to practice chiropractic medicine. Any plea of nolo 5 contendere shall be considered a conviction for purposes of 6 this chapter. 7 (d) False, deceptive, or misleading advertising. 8 (e) Causing to be advertised, by any means whatsoever, 9 any advertisement which does not contain an assertion or 10 statement which would identify herself or himself as a 11 chiropractic physician or identify such chiropractic clinic or 12 related institution in which she or he practices or in which 13 she or he is owner, in whole or in part, as a chiropractic 14 institution. 15 (f) Advertising, practicing, or attempting to practice 16 under a name other than one's own. 17 (g) 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 (h) Aiding, assisting, procuring, or advising any 21 unlicensed person to practice chiropractic medicine contrary 22 to this chapter or to a rule of the department or the board. 23 (i) Failing to perform any statutory or legal 24 obligation placed upon a licensed chiropractic physician. 25 (j) Making or filing a report which the licensee knows 26 to be false, intentionally or negligently failing to file a 27 report or record required by state or federal law, willfully 28 impeding or obstructing such filing or inducing another person 29 to do so. Such reports or records shall include only those 30 which are signed in the capacity of a licensed chiropractic 31 physician. 53 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (k) Making misleading, deceptive, untrue, or 2 fraudulent representations in the practice of chiropractic 3 medicine or employing a trick or scheme in the practice of 4 chiropractic medicine when such trick or scheme fails to 5 conform to the generally prevailing standards of treatment in 6 the chiropractic medical community. 7 (l) Soliciting patients either personally or through 8 an agent, unless such solicitation falls into a category of 9 solicitations approved by rule of the board. 10 (m) Failing to keep legibly written chiropractic 11 medical records that identify clearly by name and credentials 12 the licensed chiropractic physician rendering, ordering, 13 supervising, or billing for each examination or treatment 14 procedure and that justify the course of treatment of the 15 patient, including, but not limited to, patient histories, 16 examination results, test results, X rays, and diagnosis of a 17 disease, condition, or injury. X rays need not be retained 18 for more than 4 years. 19 (n) Exercising influence on the patient or client in 20 such a manner as to exploit the patient or client for 21 financial gain of the licensee or of a third party which shall 22 include, but not be limited to, the promotion or sale of 23 services, goods or appliances, or drugs. 24 (o) Performing professional services which have not 25 been duly authorized by the patient or client or her or his 26 legal representative except as provided in ss. 743.064, 27 766.103, and 768.13. 28 (p) Prescribing, dispensing, or administering any 29 medicinal drug except as authorized by s. 460.403(9)(c)2., 30 performing any surgery, or practicing obstetrics. 31 (q) Being unable to practice chiropractic medicine 54 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 with reasonable skill and safety to patients by reason of 2 illness or use of alcohol, drugs, narcotics, chemicals, or any 3 other type of material or as a result of any mental or 4 physical condition. In enforcing this paragraph, upon a 5 finding by the secretary of the department, or his or her 6 designee, or the probable cause panel of the board that 7 probable cause exists to believe that the licensee is unable 8 to practice the profession because of reasons stated in this 9 paragraph, the department shall have the authority to compel a 10 licensee to submit to a mental or physical examination by a 11 physician designated by the department. If the licensee 12 refuses to comply with the department's order, the department 13 may file a petition for enforcement in the circuit court of 14 the circuit in which the licensee resides or does business. 15 The department shall be entitled to the summary procedure 16 provided in s. 51.011. The record of proceedings to obtain a 17 compelled mental or physical examination shall not be used 18 against a licensee in any other proceedings. A chiropractic 19 physician affected under this paragraph shall at reasonable 20 intervals be afforded an opportunity to demonstrate that she 21 or he can resume the competent practice of chiropractic 22 medicine with reasonable skill and safety to patients. 23 (r) Gross or repeated malpractice or the failure to 24 practice chiropractic medicine at a level of care, skill, and 25 treatment which is recognized by a reasonably prudent 26 chiropractic physician as being acceptable under similar 27 conditions and circumstances. The board shall give great 28 weight to the standards for malpractice in s. 766.102 in 29 interpreting this provision. A recommended order by an 30 administrative law judge, or a final order of the board 31 finding a violation under this section shall specify whether 55 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the licensee was found to have committed "gross malpractice," 2 "repeated malpractice," or "failure to practice chiropractic 3 medicine with that level of care, skill, and treatment which 4 is recognized as being acceptable under similar conditions and 5 circumstances" or any combination thereof, and any publication 6 by the board shall so specify. 7 (s) Performing any procedure or prescribing any 8 therapy which, by the prevailing standards of chiropractic 9 medical practice in the community, would constitute 10 experimentation on human subjects, without first obtaining 11 full, informed, and written consent. 12 (t) Practicing or offering to practice beyond the 13 scope permitted by law or accepting and performing 14 professional responsibilities which the licensee knows or has 15 reason to know that she or he is not competent to perform. 16 (u) 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 (v) Violating any provision of this chapter, any 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 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 her or his services. 29 (x) Submitting to any third-party payor a claim for a 30 service or treatment which was not actually provided to a 31 patient. 56 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (y) Failing to preserve identity of funds and property 2 of a patient. As provided by rule of the board, money or other 3 property entrusted to a chiropractic physician for a specific 4 purpose, including advances for costs and expenses of 5 examination or treatment, is to be held in trust and must be 6 applied only to that purpose. Money and other property of 7 patients coming into the hands of a chiropractic physician are 8 not subject to counterclaim or setoff for chiropractic 9 physician's fees, and a refusal to account for and deliver 10 over such money and property upon demand shall be deemed a 11 conversion. This is not to preclude the retention of money or 12 other property upon which the chiropractic physician has a 13 valid lien for services or to preclude the payment of agreed 14 fees from the proceeds of transactions for examinations or 15 treatments. Controversies as to the amount of the fees are 16 not grounds for disciplinary proceedings unless the amount 17 demanded is clearly excessive or extortionate, or the demand 18 is fraudulent. All funds of patients paid to a chiropractic 19 physician, other than advances for costs and expenses, shall 20 be deposited in one or more identifiable bank accounts 21 maintained in the state in which the chiropractic physician's 22 office is situated, and no funds belonging to the chiropractic 23 physician shall be deposited therein except as follows: 24 1. Funds reasonably sufficient to pay bank charges may 25 be deposited therein. 26 2. Funds belonging in part to a patient and in part 27 presently or potentially to the physician must be deposited 28 therein, but the portion belonging to the physician may be 29 withdrawn when due unless the right of the physician to 30 receive it is disputed by the patient, in which event the 31 disputed portion shall not be withdrawn until the dispute is 57 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 finally resolved. 2 3 Every chiropractic physician shall maintain complete records 4 of all funds, securities, and other properties of a patient 5 coming into the possession of the physician and render 6 appropriate accounts to the patient regarding them. In 7 addition, every chiropractic physician shall promptly pay or 8 deliver to the patient, as requested by the patient, the 9 funds, securities, or other properties in the possession of 10 the physician which the patient is entitled to receive. 11 (z) Offering to accept or accepting payment for 12 services rendered by assignment from any third-party payor 13 after offering to accept or accepting whatever the third-party 14 payor covers as payment in full, if the effect of the offering 15 or acceptance is to eliminate or give the impression of 16 eliminating the need for payment by an insured of any required 17 deductions applicable in the policy of the insured. 18 (aa) Failing to provide, upon request of the insured, 19 a copy of a claim submitted to any third-party payor for 20 service or treatment of the insured. 21 (bb) Advertising a fee or charge for a service or 22 treatment which is different from the fee or charge the 23 licensee submits to third-party payors for that service or 24 treatment. 25 (cc) Advertising any reduced or discounted fees for 26 services or treatments, or advertising any free services or 27 treatments, without prominently stating in the advertisement 28 the usual fee of the licensee for the service or treatment 29 which is the subject of the discount, rebate, or free 30 offering. 31 (dd) Using acupuncture without being certified 58 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 pursuant to s. 460.403(9)(f). 2 (ee) Failing to report to the department any licensee 3 under chapter 458 or under chapter 459 who the chiropractic 4 physician or chiropractic physician's assistant knows has 5 violated the grounds for disciplinary action set out in the 6 law under which that person is licensed and who provides 7 health care services in a facility licensed under chapter 395, 8 or a health maintenance organization certificated under part I 9 of chapter 641, in which the chiropractic physician or 10 chiropractic physician's assistant also provides services. 11 (ff) 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 person 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 (a) Refusal to certify to the department an 22 application for licensure. 23 (b) Revocation or suspension of a license. 24 (c) Restriction of practice. 25 (d) Imposition of an administrative fine not to exceed 26 $10,000 for each count or separate offense. 27 (e) Issuance of a reprimand. 28 (f) Placement of the chiropractic physician on 29 probation for a period of time and subject to such conditions 30 as the board may specify, including requiring the chiropractic 31 physician to submit to treatment, to attend continuing 59 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 education courses, to submit to reexamination, or to work 2 under the supervision of another chiropractic physician. 3 (g) Imposition of costs of the investigation and 4 prosecution. 5 (h) Requirement that the chiropractic physician 6 undergo remedial education. 7 (i) Issuance of a letter of concern. 8 (j) Corrective action. 9 (k) Refund of fees billed to and collected from the 10 patient or a third party. 11 12 In determining what action is appropriate, the board must 13 first consider what sanctions are necessary to protect the 14 public or to compensate the patient. Only after those 15 sanctions have been imposed may the disciplining authority 16 consider and include in the order requirements designed to 17 rehabilitate the chiropractic physician. All costs associated 18 with compliance with orders issued under this subsection are 19 the obligation of the chiropractic physician. 20 Section 27. Subsections (1) and (2) of section 21 461.013, Florida Statutes, are amended to read: 22 461.013 Grounds for disciplinary action; action by the 23 board; investigations by department.-- 24 (1) The following acts shall constitute grounds for 25 denial of a license or disciplinary action, as specified in s. 26 456.072(2) which the disciplinary actions specified in 27 subsection (2) may be taken: 28 (a) Attempting to obtain, obtaining, or renewing a 29 license to practice podiatric medicine by bribery, by 30 fraudulent misrepresentations, or through an error of the 31 department or the board. 60 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (b) Having a license to practice podiatric medicine 2 revoked, suspended, or otherwise acted against, including the 3 denial of licensure, by the licensing authority of another 4 state, territory, or country. 5 (c) Being convicted or found guilty, regardless of 6 adjudication, of a crime in any jurisdiction which directly 7 relates to the practice of podiatric medicine or to the 8 ability to practice podiatric medicine. Any plea of nolo 9 contendere shall be considered a conviction for purposes of 10 this chapter. 11 (d) False, deceptive, or misleading advertising. 12 (e) Advertising, practicing, or attempting to practice 13 under a name other than one's own. 14 (f) Failing to report to the department any person who 15 the licensee knows is in violation of this chapter or of the 16 rules of the department or the board. 17 (g) Aiding, assisting, procuring, permitting, or 18 advising any unlicensed person to practice podiatric medicine 19 contrary to this chapter or to rule of the department or the 20 board. 21 (h) Failing to perform any statutory or legal 22 obligation placed upon a licensed podiatric physician. 23 (i) 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 report or records shall include only those 28 which are signed in the capacity of a licensed podiatric 29 physician. 30 (j) Making misleading, deceptive, untrue, or 31 fraudulent representations in the practice of podiatric 61 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 medicine or employing a trick or scheme in the practice of 2 podiatric medicine when such scheme or trick fails to conform 3 to the generally prevailing standards of treatment in the 4 podiatric community. 5 (k) Soliciting patients either personally or through 6 an agent, unless such solicitation falls into a category of 7 solicitations approved by rule of the board. 8 (l) Failing to keep written medical records justifying 9 the course of treatment of the patient, including, but not 10 limited to, patient histories, examination results, and test 11 results. 12 (m) Exercising influence on the patient or client in 13 such a manner as to exploit the patient or client for 14 financial gain of the licensee or of a third party which shall 15 include, but not be limited to, the promotion or sale of 16 services, goods, appliances, or drugs and the promoting or 17 advertising on any prescription form of a community pharmacy 18 unless the form shall also state "This prescription may be 19 filled at any pharmacy of your choice." 20 (n) Performing professional services which have not 21 been duly authorized by the patient or client or her or his 22 legal representative except as provided in ss. 743.064, 23 766.103, and 768.13. 24 (o) Prescribing, dispensing, administering, mixing, or 25 otherwise preparing a legend drug, including all controlled 26 substances, other than in the course of the podiatric 27 physician's professional practice. For the purposes of this 28 paragraph, it shall be legally presumed that prescribing, 29 dispensing, administering, mixing, or otherwise preparing 30 legend drugs, including all controlled substances, 31 inappropriately or in excessive or inappropriate quantities is 62 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 not in the best interest of the patient and is not in the 2 course of the podiatric physician's professional practice, 3 without regard to her or his intent. 4 (p) Prescribing, dispensing, or administering any 5 medicinal drug appearing on any schedule set forth in chapter 6 893 by the podiatric physician to herself or himself except 7 those prescribed, dispensed, or administered to the podiatric 8 physician by another practitioner authorized to prescribe, 9 dispense, or administer them. 10 (q) Prescribing, ordering, dispensing, administering, 11 supplying, selling, or giving any amphetamine or 12 sympathomimetic amine drug or compound designated as a 13 Schedule II controlled substance pursuant to chapter 893. 14 (r) Being unable to practice podiatric medicine with 15 reasonable skill and safety to patients by reason of illness 16 or use of alcohol, drugs, narcotics, chemicals, or any other 17 type of material or as a result of any mental or physical 18 condition. In enforcing this paragraph the department shall, 19 upon probable cause, have authority to compel a podiatric 20 physician to submit to a mental or physical examination by 21 physicians designated by the department. Failure of a 22 podiatric physician to submit to such examination when 23 directed shall constitute an admission of the allegations 24 against her or him, unless the failure was due to 25 circumstances beyond her or his control, consequent upon which 26 a default and final order may be entered without the taking of 27 testimony or presentation of evidence. A podiatric physician 28 affected under this paragraph shall at reasonable intervals be 29 afforded an opportunity to demonstrate that she or he can 30 resume the competent practice of podiatric medicine with 31 reasonable skill and safety to patients. 63 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (s) Gross or repeated malpractice or the failure to 2 practice podiatric medicine at a level of care, skill, and 3 treatment which is recognized by a reasonably prudent 4 podiatric physician as being acceptable under similar 5 conditions and circumstances. The board shall give great 6 weight to the standards for malpractice in s. 766.102 in 7 interpreting this section. As used in this paragraph, 8 "repeated malpractice" includes, but is not limited to, three 9 or more claims for medical malpractice within the previous 10 5-year period resulting in indemnities being paid in excess of 11 $10,000 each to the claimant in a judgment or settlement and 12 which incidents involved negligent conduct by the podiatric 13 physicians. As used in this paragraph, "gross malpractice" or 14 "the failure to practice podiatric medicine with the level of 15 care, skill, and treatment which is recognized by a reasonably 16 prudent similar podiatric physician as being acceptable under 17 similar conditions and circumstances" shall not be construed 18 so as to require more than one instance, event, or act. 19 (t) Performing any procedure or prescribing any 20 therapy which, by the prevailing standards of podiatric 21 medical practice in the community, would constitute 22 experimentation on human subjects without first obtaining 23 full, informed, and written consent. 24 (u) 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 she or he is not competent to perform. 28 (v) 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. 64 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (w) Violating any provision of this chapter or chapter 2 456, any rule of the board or department, or a lawful order of 3 the board or department previously entered in a disciplinary 4 hearing or failing to comply with a lawfully issued subpoena 5 of the board or department. 6 (x) Conspiring with another licensee or with any other 7 person to commit an act, or committing an act, which would 8 tend to coerce, intimidate, or preclude another licensee from 9 lawfully advertising her or his services. 10 (y) Prescribing, ordering, dispensing, administering, 11 supplying, selling, or giving growth hormones, testosterone or 12 its analogs, human chorionic gonadotropin (HCG), or other 13 hormones for the purpose of muscle building or to enhance 14 athletic performance. For the purposes of this subsection, the 15 term "muscle building" does not include the treatment of 16 injured muscle. A prescription written for any of the drug 17 products listed above may be dispensed by the pharmacist with 18 the presumption that the prescription is for legitimate 19 medical use. 20 (z) Fraud, deceit, or misconduct in the practice of 21 podiatric medicine. 22 (aa) Failing to report to the department any licensee 23 under chapter 458 or chapter 459 who the podiatric physician 24 knows has violated the grounds for disciplinary action set out 25 in the law under which that person is licensed and who 26 provides health care services in a facility licensed under 27 chapter 395, or a health maintenance organization certificated 28 under part I of chapter 641, in which the podiatric physician 29 also provides services. 30 (bb) Failing to comply with the requirements of ss. 31 381.026 and 381.0261 to provide patients with information 65 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 about their patient rights and how to file a patient 2 complaint. 3 (cc) Violating any provision of this chapter or 4 chapter 456, or any rules adopted pursuant thereto. 5 (2) The board may enter an order denying licensure or 6 imposing any of the penalties in s. 456.072(2) against any 7 applicant for licensure or licensee who is found guilty of 8 violating any provision of subsection (1) of this section or 9 who is found guilty of violating any provision of s. 10 456.072(1). When the board finds any person guilty of any of 11 the grounds set forth in subsection (1), it may enter an order 12 imposing one or more of the following penalties: 13 (a) Refusal to certify to the department an 14 application for licensure. 15 (b) Revocation or suspension of a license. 16 (c) Restriction of practice. 17 (d) Imposition of an administrative fine not to exceed 18 $10,000 for each count or separate offense. 19 (e) Issuance of a reprimand. 20 (f) Placing the podiatric physician on probation for a 21 period of time and subject to such conditions as the board may 22 specify, including requiring the podiatric physician to submit 23 to treatment, to attend continuing education courses, to 24 submit to reexamination, and to work under the supervision of 25 another podiatric physician. 26 (g) Imposition of an administrative fine in accordance 27 with s. 381.0261 for violations regarding patient rights. 28 Section 28. Subsections (1) and (2) of section 462.14, 29 Florida Statutes, are amended to read: 30 462.14 Grounds for disciplinary action; action by the 31 department.-- 66 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (1) The following acts constitute grounds for denial 2 of a license or disciplinary action, as specified in s. 3 456.072(2) which the disciplinary actions specified in 4 subsection (2) may be taken: 5 (a) Attempting to obtain, obtaining, or renewing a 6 license to practice naturopathic medicine by bribery, by 7 fraudulent misrepresentation, or through an error of the 8 department. 9 (b) Having a license to practice naturopathic medicine 10 revoked, suspended, or otherwise acted against, including the 11 denial of licensure, by the licensing authority of another 12 state, territory, or country. 13 (c) Being convicted or found guilty, regardless of 14 adjudication, of a crime in any jurisdiction which directly 15 relates to the practice of naturopathic medicine or to the 16 ability to practice naturopathic medicine. Any plea of nolo 17 contendere shall be considered a conviction for purposes of 18 this chapter. 19 (d) False, deceptive, or misleading advertising. 20 (e) Advertising, practicing, or attempting to practice 21 under a name other than one's own. 22 (f) Failing to report to the department any person who 23 the licensee knows is in violation of this chapter or of the 24 rules of the department. 25 (g) Aiding, assisting, procuring, or advising any 26 unlicensed person to practice naturopathic medicine contrary 27 to this chapter or to a rule of the department. 28 (h) Failing to perform any statutory or legal 29 obligation placed upon a licensed naturopathic physician. 30 (i) Making or filing a report which the licensee knows 31 to be false, intentionally or negligently failing to file a 67 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 report or record required by state or federal law, willfully 2 impeding or obstructing such filing or inducing another person 3 to do so. Such reports or records shall include only those 4 which are signed in the capacity as a licensed naturopathic 5 physician. 6 (j) 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 10 referred to providers of health care goods and services, 11 including, but not limited to, hospitals, nursing homes, 12 clinical laboratories, ambulatory surgical centers, or 13 pharmacies. The provisions of this paragraph shall not be 14 construed to prevent a naturopathic physician from receiving a 15 fee for professional consultation services. 16 (k) Exercising influence within a patient-physician 17 relationship for purposes of engaging a patient in sexual 18 activity. A patient shall be presumed to be incapable of 19 giving free, full, and informed consent to sexual activity 20 with her or his physician. 21 (l) Making deceptive, untrue, or fraudulent 22 representations in the practice of naturopathic medicine or 23 employing a trick or scheme in the practice of naturopathic 24 medicine when such scheme or trick fails to conform to the 25 generally prevailing standards of treatment in the medical 26 community. 27 (m) Soliciting patients, either personally or through 28 an agent, through the use of fraud, intimidation, undue 29 influence, or a form of overreaching or vexatious conduct. A 30 "solicitation" is any communication which directly or 31 implicitly requests an immediate oral response from the 68 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 recipient. 2 (n) Failing to keep written medical records justifying 3 the course of treatment of the patient, including, but not 4 limited to, patient histories, examination results, test 5 results, X rays, and records of the prescribing, dispensing 6 and administering of drugs. 7 (o) Exercising influence on the patient or client in 8 such a manner as to exploit the patient or client for the 9 financial gain of the licensee or of a third party, which 10 shall include, but not be limited to, the promoting or selling 11 of services, goods, appliances, or drugs and the promoting or 12 advertising on any prescription form of a community pharmacy 13 unless the form also states "This prescription may be filled 14 at any pharmacy of your choice." 15 (p) Performing professional services which have not 16 been duly authorized by the patient or client, or her or his 17 legal representative, except as provided in s. 743.064, s. 18 766.103, or s. 768.13. 19 (q) Prescribing, dispensing, administering, mixing, or 20 otherwise preparing a legend drug, including any controlled 21 substance, other than in the course of the naturopathic 22 physician's professional practice. For the purposes of this 23 paragraph, it shall be legally presumed that prescribing, 24 dispensing, administering, mixing, or otherwise preparing 25 legend drugs, including all controlled substances, 26 inappropriately or in excessive or inappropriate quantities is 27 not in the best interest of the patient and is not in the 28 course of the naturopathic physician's professional practice, 29 without regard to her or his intent. 30 (r) Prescribing, dispensing, or administering any 31 medicinal drug appearing on any schedule set forth in chapter 69 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 893 by the naturopathic physician to herself or himself, 2 except one prescribed, dispensed, or administered to the 3 naturopathic physician by another practitioner authorized to 4 prescribe, dispense, or administer medicinal drugs. 5 (s) Being unable to practice naturopathic medicine 6 with reasonable skill and safety to patients by reason of 7 illness or use of alcohol, drugs, narcotics, chemicals, or any 8 other type of material or as a result of any mental or 9 physical condition. In enforcing this paragraph, the 10 department shall have, upon probable cause, authority to 11 compel a naturopathic physician to submit to a mental or 12 physical examination by physicians designated by the 13 department. The failure of a naturopathic physician to submit 14 to such an examination when so directed shall constitute an 15 admission of the allegations against her or him upon which a 16 default and final order may be entered without the taking of 17 testimony or presentation of evidence, unless the failure was 18 due to circumstances beyond the naturopathic physician's 19 control. A naturopathic physician affected under this 20 paragraph shall at reasonable intervals be afforded an 21 opportunity to demonstrate that she or he can resume the 22 competent practice of naturopathic medicine with reasonable 23 skill and safety to patients. In any proceeding under this 24 paragraph, neither the record of proceedings nor the orders 25 entered by the department may be used against a naturopathic 26 physician in any other proceeding. 27 (t) Gross or repeated malpractice or the failure to 28 practice naturopathic medicine with that level of care, skill, 29 and treatment which is recognized by a reasonably prudent 30 similar physician as being acceptable under similar conditions 31 and circumstances. The department shall give great weight to 70 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the provisions of s. 766.102 when enforcing this paragraph. 2 (u) Performing any procedure or prescribing any 3 therapy which, by the prevailing standards of medical practice 4 in the community, constitutes experimentation on a human 5 subject, without first obtaining full, informed, and written 6 consent. 7 (v) Practicing or offering to practice beyond the 8 scope permitted by law or accepting and performing 9 professional responsibilities which the licensee knows or has 10 reason to know that she or he is not competent to perform. 11 (w) 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 qualified 14 by training, experience, or licensure to perform them. 15 (x) Violating any provision of this chapter, any rule 16 of the department, or a lawful order of the department 17 previously entered in a disciplinary hearing or failing to 18 comply with a lawfully issued subpoena of the department. 19 (y) Conspiring with another licensee or with any other 20 person to commit an act, or committing an act, which would 21 tend to coerce, intimidate, or preclude another licensee from 22 lawfully advertising her or his services. 23 (z) Procuring, or aiding or abetting in the procuring 24 of, an unlawful termination of pregnancy. 25 (aa) Presigning blank prescription forms. 26 (bb) Prescribing by the naturopathic physician for 27 office use any medicinal drug appearing on Schedule II in 28 chapter 893. 29 (cc) Prescribing, ordering, dispensing, administering, 30 supplying, selling, or giving any drug which is an amphetamine 31 or sympathomimetic amine drug, or a compound designated 71 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 pursuant to chapter 893 as a Schedule II controlled substance 2 to or for any person except for: 3 1. The treatment of narcolepsy; hyperkinesis; 4 behavioral syndrome in children characterized by the 5 developmentally inappropriate symptoms of moderate to severe 6 distractability, short attention span, hyperactivity, 7 emotional lability, and impulsivity; or drug-induced brain 8 dysfunction. 9 2. The differential diagnostic psychiatric evaluation 10 of depression or the treatment of depression shown to be 11 refractory to other therapeutic modalities. 12 3. The clinical investigation of the effects of such 13 drugs or compounds when an investigative protocol therefor is 14 submitted to, reviewed, and approved by the department before 15 such investigation is begun. 16 (dd) Prescribing, ordering, dispensing, administering, 17 supplying, selling, or giving growth hormones, testosterone or 18 its analogs, human chorionic gonadotropin (HCG), or other 19 hormones for the purpose of muscle building or to enhance 20 athletic performance. For the purposes of this subsection, the 21 term "muscle building" does not include the treatment of 22 injured muscle. A prescription written for the drug products 23 listed above may be dispensed by the pharmacist with the 24 presumption that the prescription is for legitimate medical 25 use. 26 (ee) Violating any provision of this chapter or 27 chapter 456, or any rules adopted pursuant thereto. 28 (2) The department may enter an order denying 29 licensure or imposing any of the penalties in s. 456.072(2) 30 against any applicant for licensure or licensee who is found 31 guilty of violating any provision of subsection (1) of this 72 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 section or who is found guilty of violating any provision of 2 s. 456.072(1). When the department finds any person guilty of 3 any of the grounds set forth in subsection (1), it may enter 4 an order imposing one or more of the following penalties: 5 (a) Refusal to certify to the department an 6 application for licensure. 7 (b) Revocation or suspension of a license. 8 (c) Restriction of practice. 9 (d) Imposition of an administrative fine not to exceed 10 $1,000 for each count or separate offense. 11 (e) Issuance of a reprimand. 12 (f) Placement of the naturopathic physician on 13 probation for a period of time and subject to such conditions 14 as the department may specify, including, but not limited to, 15 requiring the naturopathic physician to submit to treatment, 16 to attend continuing education courses, to submit to 17 reexamination, or to work under the supervision of another 18 naturopathic physician. 19 Section 29. Subsections (1) and (2) of section 20 463.016, Florida Statutes, are amended to read: 21 463.016 Grounds for disciplinary action; action by the 22 board.-- 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) Procuring or attempting to procure a license to 28 practice optometry by bribery, by fraudulent 29 misrepresentations, or through an error of the department or 30 board. 31 (b) Procuring or attempting to procure a license for 73 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 any other person by making or causing to be made any false 2 representation. 3 (c) Having a license to practice optometry revoked, 4 suspended, or otherwise acted against, including the denial of 5 licensure, by the licensing authority of another jurisdiction. 6 (d) Being convicted or found guilty, regardless of 7 adjudication, of a crime in any jurisdiction which directly 8 relates to the practice of optometry or to the ability to 9 practice optometry. Any plea of nolo contendere shall be 10 considered a conviction for the purposes of this chapter. 11 (e) Making or filing a report or record which the 12 licensee knows to be false, intentionally or negligently 13 failing to file a report or record required by state or 14 federal law, willfully impeding or obstructing such filing, or 15 inducing another person to do so. Such reports or records 16 shall include only those which are signed by the licensee in 17 her or his capacity as a licensed practitioner. 18 (f) Advertising goods or services in a manner which is 19 fraudulent, false, deceptive, or misleading in form or 20 content. 21 (g) Fraud or deceit, negligence or incompetency, or 22 misconduct in the practice of optometry. 23 (h) A violation or repeated violations of provisions 24 of this chapter, or of chapter 456, and any rules promulgated 25 pursuant thereto. 26 (i) Conspiring with another licensee or with any 27 person to commit an act, or committing an act, which would 28 coerce, intimidate, or preclude another licensee from lawfully 29 advertising her or his services. 30 (j) Willfully submitting to any third-party payor a 31 claim for services which were not provided to a patient. 74 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (k) Failing to keep written optometric records about 2 the examinations, treatments, and prescriptions for patients. 3 (l) Willfully failing to report any person who the 4 licensee knows is in violation of this chapter or of rules of 5 the department or the board. 6 (m) Gross or repeated malpractice. 7 (n) Practicing with a revoked, suspended, inactive, or 8 delinquent license. 9 (o) Being unable to practice optometry with reasonable 10 skill and safety to patients by reason of illness or use of 11 alcohol, drugs, narcotics, chemicals, or any other type of 12 material or as a result of any mental or physical condition. 13 A licensed practitioner affected under this paragraph shall at 14 reasonable intervals be afforded an opportunity to demonstrate 15 that she or he can resume the competent practice of optometry 16 with reasonable skill and safety to patients. 17 (p) Having been disciplined by a regulatory agency in 18 another state for any offense that would constitute a 19 violation of Florida laws or rules regulating optometry. 20 (q) Violating any provision of s. 463.014 or s. 21 463.015. 22 (r) Violating any lawful order of the board or 23 department, previously entered in a disciplinary hearing, or 24 failing to comply with a lawfully issued subpoena of the board 25 or department. 26 (s) Practicing or offering to practice beyond the 27 scope permitted by law or accepting and performing 28 professional responsibilities which the licensed practitioner 29 knows or has reason to know she or he is not competent to 30 perform. 31 (t) Violating any provision of this chapter or chapter 75 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 456, or any rules adopted pursuant thereto. 2 (2) The department may enter an order imposing any of 3 the penalties in s. 456.072(2) against any licensee who is 4 found guilty of violating any provision of subsection (1) of 5 this section or who is found guilty of violating any provision 6 of s. 456.072(1). When the board finds any person guilty of 7 any of the grounds set forth in subsection (1), it may enter 8 an order imposing one or more of the following penalties: 9 (a) Refusal to certify to the department an 10 application for licensure. 11 (b) Revocation or suspension of a license. 12 (c) Imposition of an administrative fine not to exceed 13 $5,000 for each count or separate offense. 14 (d) Issuance of a reprimand. 15 (e) Placement of the licensed practitioner on 16 probation for a period of time and subject to such conditions 17 as the board may specify, including requiring the licensed 18 practitioner to submit to treatment, to attend continuing 19 education courses, or to work under the supervision of another 20 licensed practitioner. 21 Section 30. Subsections (1) and (2) of section 22 464.018, Florida Statutes, are amended to read: 23 464.018 Disciplinary actions.-- 24 (1) The following acts constitute shall be grounds for 25 denial of a license or disciplinary action, as specified in s. 26 456.072(2) disciplinary action set forth in this section: 27 (a) Procuring, attempting to procure, or renewing a 28 license to practice nursing by bribery, by knowing 29 misrepresentations, or through an error of the department or 30 the board. 31 (b) Having a license to practice nursing revoked, 76 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 suspended, or otherwise acted against, including the denial of 2 licensure, by the licensing authority of another state, 3 territory, or country. 4 (c) Being convicted or found guilty of, or entering a 5 plea of nolo contendere to, regardless of adjudication, a 6 crime in any jurisdiction which directly relates to the 7 practice of nursing or to the ability to practice nursing. 8 (d) Being found guilty, regardless of adjudication, of 9 any of the following offenses: 10 1. A forcible felony as defined in chapter 776. 11 2. A violation of chapter 812, relating to theft, 12 robbery, and related crimes. 13 3. A violation of chapter 817, relating to fraudulent 14 practices. 15 4. A violation of chapter 800, relating to lewdness 16 and indecent exposure. 17 5. A violation of chapter 784, relating to assault, 18 battery, and culpable negligence. 19 6. A violation of chapter 827, relating to child 20 abuse. 21 7. A violation of chapter 415, relating to protection 22 from abuse, neglect, and exploitation. 23 8. A violation of chapter 39, relating to child abuse, 24 abandonment, and neglect. 25 (e) Having been found guilty of, regardless of 26 adjudication, or entered a plea of nolo contendere or guilty 27 to, any offense prohibited under s. 435.03 or under any 28 similar statute of another jurisdiction; or having committed 29 an act which constitutes domestic violence as defined in s. 30 741.28. 31 (f) Making or filing a false report or record, which 77 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the licensee knows to be false, intentionally or negligently 2 failing to file a report or record required by state or 3 federal law, willfully impeding or obstructing such filing or 4 inducing another person to do so. Such reports or records 5 shall include only those which are signed in the nurse's 6 capacity as a licensed nurse. 7 (g) False, misleading, or deceptive advertising. 8 (h) Unprofessional conduct, which shall include, but 9 not be limited to, any departure from, or the failure to 10 conform to, the minimal standards of acceptable and prevailing 11 nursing practice, in which case actual injury need not be 12 established. 13 (i) Engaging or attempting to engage in the 14 possession, sale, or distribution of controlled substances as 15 set forth in chapter 893, for any other than legitimate 16 purposes authorized by this part. 17 (j) Being unable to practice nursing with reasonable 18 skill and safety to patients by reason of illness or use of 19 alcohol, drugs, narcotics, or chemicals or any other type of 20 material or as a result of any mental or physical condition. 21 In enforcing this paragraph, the department shall have, upon a 22 finding of the secretary or the secretary's designee that 23 probable cause exists to believe that the licensee is unable 24 to practice nursing because of the reasons stated in this 25 paragraph, the authority to issue an order to compel a 26 licensee to submit to a mental or physical examination by 27 physicians 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 does business. The licensee against whom 78 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the petition is filed shall not be named or identified by 2 initials in any public court records or documents, and the 3 proceedings shall be closed to the public. The department 4 shall be entitled to the summary procedure provided in s. 5 51.011. A nurse affected by the provisions of this paragraph 6 shall at reasonable intervals be afforded an opportunity to 7 demonstrate that she or he can resume the competent practice 8 of nursing with reasonable skill and safety to patients. 9 (k) Failing to report to the department any person who 10 the licensee knows is in violation of this part or of the 11 rules of the department or the board; however, if the licensee 12 verifies that such person is actively participating in a 13 board-approved program for the treatment of a physical or 14 mental condition, the licensee is required to report such 15 person only to an impaired professionals consultant. 16 (l) Knowingly violating any provision of this part, a 17 rule of the board or the department, or a lawful order of the 18 board or department previously entered in a disciplinary 19 proceeding or failing to comply with a lawfully issued 20 subpoena of the department. 21 (m) Failing to report to the department any licensee 22 under chapter 458 or under chapter 459 who the nurse knows has 23 violated the grounds for disciplinary action set out in the 24 law under which that person is licensed and who provides 25 health care services in a facility licensed under chapter 395, 26 or a health maintenance organization certificated under part I 27 of chapter 641, in which the nurse also provides services. 28 (n) Violating any provision of this chapter or chapter 29 456, or any rules adopted pursuant thereto. 30 (2) The board may enter an order denying licensure or 31 imposing any of the penalties in s. 456.072(2) against any 79 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 applicant for licensure or licensee who is found guilty of 2 violating any provision of subsection (1) of this section or 3 who is found guilty of violating any provision of s. 4 456.072(1). When the board finds any person guilty of any of 5 the grounds set forth in subsection (1), it may enter an order 6 imposing one or more of the following penalties: 7 (a) Refusal to certify to the department an 8 application for licensure. 9 (b) Revocation or suspension of a license with 10 reinstatement subject to the provisions of subsection (3). 11 (c) Permanent revocation of a license. 12 (d) Restriction of practice. 13 (e) Imposition of an administrative fine not to exceed 14 $1,000 for each count or separate offense. 15 (f) Issuance of a reprimand. 16 (g) Placement of the nurse on probation for a period 17 of time and subject to such conditions as the board may 18 specify, including requiring the nurse to submit to treatment, 19 to attend continuing education courses, to take an 20 examination, or to work under the supervision of another 21 nurse. 22 Section 31. Subsections (3) and (4) of section 23 465.008, Florida Statutes, are amended to read: 24 465.008 Renewal of license.-- 25 (3) Sixty days prior to the end of the biennium the 26 department shall mail a notice of renewal to the last known 27 address of the licensee. 28 (3)(4) Any person licensed under this chapter for 50 29 years or more is exempt from the payment of the renewal or 30 delinquent fee, and the department shall issue a lifetime 31 license to such a person. 80 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 Section 32. Subsections (1) and (2) of section 2 465.016, Florida Statutes, are amended to read: 3 465.016 Disciplinary actions.-- 4 (1) The following acts constitute shall be grounds for 5 denial of a license or disciplinary action, as specified in s. 6 456.072(2) disciplinary action set forth in this section: 7 (a) Obtaining a license by misrepresentation or fraud 8 or through an error of the department or the board. 9 (b) Procuring or attempting to procure a license for 10 any other person by making or causing to be made any false 11 representation. 12 (c) Permitting any person not licensed as a pharmacist 13 in this state or not registered as an intern in this state, or 14 permitting a registered intern who is not acting under the 15 direct and immediate personal supervision of a licensed 16 pharmacist, to fill, compound, or dispense any prescriptions 17 in a pharmacy owned and operated by such pharmacist or in a 18 pharmacy where such pharmacist is employed or on duty. 19 (d) Being unfit or incompetent to practice pharmacy by 20 reason of: 21 1. Habitual intoxication. 22 2. The misuse or abuse of any medicinal drug appearing 23 in any schedule set forth in chapter 893. 24 3. Any abnormal physical or mental condition which 25 threatens the safety of persons to whom she or he might sell 26 or dispense prescriptions, drugs, or medical supplies or for 27 whom she or he might manufacture, prepare, or package, or 28 supervise the manufacturing, preparation, or packaging of, 29 prescriptions, drugs, or medical supplies. 30 (e) Violating any of the requirements of this chapter; 31 or if licensed as a practitioner in this or any other state, 81 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 violating any of the requirements of their respective practice 2 act or violating chapter 499; 21 U.S.C. ss. 301-392, known as 3 the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et 4 seq., known as the Comprehensive Drug Abuse Prevention and 5 Control Act; or chapter 893. 6 (f) Having been convicted or found guilty, regardless 7 of adjudication, in a court of this state or other 8 jurisdiction, of a crime which directly relates to the ability 9 to practice pharmacy or to the practice of pharmacy. A plea 10 of nolo contendere constitutes a conviction for purposes of 11 this provision. 12 (g) Using in the compounding of a prescription, or 13 furnishing upon prescription, an ingredient or article 14 different in any manner from the ingredient or article 15 prescribed, except as authorized in s. 465.019(6) or s. 16 465.025. 17 (h) Having been disciplined by a regulatory agency in 18 another state for any offense that would constitute a 19 violation of this chapter. 20 (i) Compounding, dispensing, or distributing a legend 21 drug, including any controlled substance, other than in the 22 course of the professional practice of pharmacy. For purposes 23 of this paragraph, it shall be legally presumed that the 24 compounding, dispensing, or distributing of legend drugs in 25 excessive or inappropriate quantities is not in the best 26 interests of the patient and is not in the course of the 27 professional practice of pharmacy. 28 (j) Making or filing a report or record which the 29 licensee knows to be false, intentionally or negligently 30 failing to file a report or record required by federal or 31 state law, willfully impeding or obstructing such filing, or 82 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 inducing another person to do so. Such reports or records 2 include only those which the licensee is required to make or 3 file in her or his capacity as a licensed pharmacist. 4 (k) Failing to make prescription fee or price 5 information readily available by failing to provide such 6 information upon request and upon the presentation of a 7 prescription for pricing or dispensing. Nothing in this 8 section shall be construed to prohibit the quotation of price 9 information on a prescription drug to a potential consumer by 10 telephone. 11 (l) Placing in the stock of any pharmacy any part of 12 any prescription compounded or dispensed which is returned by 13 a patient; however, in a hospital, nursing home, correctional 14 facility, or extended care facility in which unit-dose 15 medication is dispensed to inpatients, each dose being 16 individually sealed and the individual unit dose or unit-dose 17 system labeled with the name of the drug, dosage strength, 18 manufacturer's control number, and expiration date, if any, 19 the unused unit dose of medication may be returned to the 20 pharmacy for redispensing. Each pharmacist shall maintain 21 appropriate records for any unused or returned medicinal 22 drugs. 23 (m) Being unable to practice pharmacy with reasonable 24 skill and safety by reason of illness, use of drugs, 25 narcotics, chemicals, or any other type of material or as a 26 result of any mental or physical condition. A pharmacist 27 affected under this paragraph shall at reasonable intervals be 28 afforded an opportunity to demonstrate that she or he can 29 resume the competent practice of pharmacy with reasonable 30 skill and safety to her or his customers. 31 (n) Violating a rule of the board or department or 83 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 violating an order of the board or department previously 2 entered in a disciplinary hearing. 3 (o) Failing to report to the department any licensee 4 under chapter 458 or under chapter 459 who the pharmacist 5 knows has violated the grounds for disciplinary action set out 6 in the law under which that person is licensed and who 7 provides health care services in a facility licensed under 8 chapter 395, or a health maintenance organization certificated 9 under part I of chapter 641, in which the pharmacist also 10 provides services. 11 (p) Failing to notify the Board of Pharmacy in writing 12 within 20 days of the commencement or cessation of the 13 practice of the profession of pharmacy in Florida when such 14 commencement or cessation of the practice of the profession of 15 pharmacy in Florida was a result of a pending or completed 16 disciplinary action or investigation in another jurisdiction. 17 (q) Using or releasing a patient's records except as 18 authorized by this chapter and chapter 456. 19 (r) Violating any provision of this chapter or chapter 20 456, 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), it may enter an order 28 imposing one or more of the following penalties: 29 (a) Refusal to certify to the department an 30 application for licensure. 31 (b) Revocation or suspension of a license. 84 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (c) Imposition of an administrative fine not to exceed 2 $5,000 for each count or separate offense. 3 (d) Issuance of a reprimand. 4 (e) Placement of the pharmacist on probation for a 5 period of time and subject to such conditions as the board may 6 specify, including, but not limited to, requiring the 7 pharmacist to submit to treatment, to attend continuing 8 education courses, to submit to reexamination, or to work 9 under the supervision of another pharmacist. 10 Section 33. Subsections (1) and (2) of section 11 466.028, Florida Statutes, are amended to read: 12 466.028 Grounds for disciplinary action; 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 the disciplinary actions specified in 17 subsection (2) may be taken: 18 (a) Attempting to obtain, obtaining, or renewing a 19 license under this chapter by bribery, fraudulent 20 misrepresentations, or through an error of the department or 21 the board. 22 (b) Having a license to practice dentistry or dental 23 hygiene revoked, suspended, or otherwise acted against, 24 including the denial of licensure, by the licensing authority 25 of another state, territory, or country. 26 (c) Being convicted or found guilty of or entering a 27 plea of nolo contendere to, regardless of adjudication, a 28 crime in any jurisdiction which relates to the practice of 29 dentistry or dental hygiene. A plea of nolo contendere shall 30 create a rebuttable presumption of guilt to the underlying 31 criminal charges. 85 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (d) Advertising goods or services in a manner which is 2 fraudulent, false, deceptive, or misleading in form or content 3 contrary to s. 466.019 or rules of the board adopted pursuant 4 thereto. 5 (e) Advertising, practicing, or attempting to practice 6 under a name other than one's own. 7 (f) Failing to report to the department any person who 8 the licensee knows, or has reason to believe, is clearly in 9 violation of this chapter or of the rules of the department or 10 the board. 11 (g) Aiding, assisting, procuring, or advising any 12 unlicensed person to practice dentistry or dental hygiene 13 contrary to this chapter or to a rule of the department or the 14 board. 15 (h) Being employed by any corporation, organization, 16 group, or person other than a dentist or a professional 17 corporation or limited liability company composed of dentists 18 to practice dentistry. 19 (i) Failing to perform any statutory or legal 20 obligation placed upon a licensee. 21 (j) Making or filing a report which the licensee knows 22 to be false, failing to file a report or record required by 23 state or federal law, knowingly impeding or obstructing such 24 filing or inducing another person to do so. Such reports or 25 records shall include only those which are signed in the 26 capacity as a licensee. 27 (k) Committing any act which would constitute sexual 28 battery, as defined in chapter 794, upon a patient or 29 intentionally touching the sexual organ of a patient. 30 (l) Making deceptive, untrue, or fraudulent 31 representations in or related to the practice of dentistry. 86 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (m) Failing to keep written dental records and medical 2 history records justifying the course of treatment of the 3 patient including, but not limited to, patient histories, 4 examination results, test results, and X rays, if taken. 5 (n) Failing to make available to a patient or client, 6 or to her or his legal representative or to the department if 7 authorized in writing by the patient, copies of documents in 8 the possession or under control of the licensee which relate 9 to the patient or client. 10 (o) Performing professional services which have not 11 been duly authorized by the patient or client, or her or his 12 legal representative, except as provided in ss. 766.103 and 13 768.13. 14 (p) Prescribing, procuring, dispensing, administering, 15 mixing, or otherwise preparing a legend drug, including any 16 controlled substance, other than in the course of the 17 professional practice of the dentist. For the purposes of 18 this paragraph, it shall be legally presumed that prescribing, 19 procuring, dispensing, administering, mixing, or otherwise 20 preparing legend drugs, including all controlled substances, 21 in excessive or inappropriate quantities is not in the best 22 interest of the patient and is not in the course of the 23 professional practice of the dentist, without regard to her or 24 his intent. 25 (q) Prescribing, procuring, dispensing, or 26 administering any medicinal drug appearing on any schedule set 27 forth in chapter 893, by a dentist to herself or himself, 28 except those prescribed, dispensed, or administered to the 29 dentist by another practitioner authorized to prescribe them. 30 (r) Prescribing, procuring, ordering, dispensing, 31 administering, supplying, selling, or giving any drug which is 87 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 a Schedule II amphetamine or a Schedule II sympathomimetic 2 amine drug or a compound thereof, pursuant to chapter 893, to 3 or for any person except for the clinical investigation of the 4 effects of such drugs or compounds when an investigative 5 protocol therefor is submitted to, and reviewed and approved 6 by, the board before such investigation is begun. 7 (s) Being unable to practice her or his profession 8 with reasonable skill and safety to patients by reason of 9 illness or use of alcohol, drugs, narcotics, chemicals, or any 10 other type of material or as a result of any mental or 11 physical condition. In enforcing this paragraph, the 12 department shall have, upon a finding of the secretary or her 13 or his designee that probable cause exists to believe that the 14 licensee is unable to practice dentistry or dental hygiene 15 because of the reasons stated in this paragraph, the authority 16 to issue an order to compel a licensee to submit to a mental 17 or physical examination by physicians designated by the 18 department. If the licensee refuses to comply with such 19 order, the department's order directing such examination may 20 be enforced by filing a petition for enforcement in the 21 circuit court where the licensee resides or does business. 22 The licensee against whom the petition is filed shall not be 23 named or identified by initials in any public court records or 24 documents, and the proceedings shall be closed to the public. 25 The department shall be entitled to the summary procedure 26 provided in s. 51.011. A licensee affected under this 27 paragraph shall at reasonable intervals be afforded an 28 opportunity to demonstrate that she or he can resume the 29 competent practice of her or his profession with reasonable 30 skill and safety to patients. 31 (t) Fraud, deceit, or misconduct in the practice of 88 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 dentistry or dental hygiene. 2 (u) Failure to provide and maintain reasonable 3 sanitary facilities and conditions. 4 (v) Failure to provide adequate radiation safeguards. 5 (w) Performing any procedure or prescribing any 6 therapy which, by the prevailing standards of dental practice 7 in the community, would constitute experimentation on human 8 subjects, without first obtaining full, informed, and written 9 consent. 10 (x) Being guilty of incompetence or negligence by 11 failing to meet the minimum standards of performance in 12 diagnosis and treatment when measured against generally 13 prevailing peer performance, including, but not limited to, 14 the undertaking of diagnosis and treatment for which the 15 dentist is not qualified by training or experience or being 16 guilty of dental malpractice. For purposes of this paragraph, 17 it shall be legally presumed that a dentist is not guilty of 18 incompetence or negligence by declining to treat an individual 19 if, in the dentist's professional judgment, the dentist or a 20 member of her or his clinical staff is not qualified by 21 training and experience, or the dentist's treatment facility 22 is not clinically satisfactory or properly equipped to treat 23 the unique characteristics and health status of the dental 24 patient, provided the dentist refers the patient to a 25 qualified dentist or facility for appropriate treatment. As 26 used in this paragraph, "dental malpractice" includes, but is 27 not limited to, three or more claims within the previous 28 5-year period which resulted in indemnity being paid, or any 29 single indemnity paid in excess of $5,000 in a judgment or 30 settlement, as a result of negligent conduct on the part of 31 the dentist. 89 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (y) Practicing or offering to practice beyond the 2 scope permitted by law or accepting and performing 3 professional responsibilities which the licensee knows or has 4 reason to know that she or he is not competent to perform. 5 (z) Delegating professional responsibilities to a 6 person who is not qualified by training, experience, or 7 licensure to perform them. 8 (aa) The violation or the repeated violation of this 9 chapter, chapter 456, or any rule promulgated pursuant to 10 chapter 456 or this chapter; the violation of a lawful order 11 of the board or department previously entered in a 12 disciplinary hearing; or failure to comply with a lawfully 13 issued subpoena of the board or department. 14 (bb) Conspiring with another licensee or with any 15 person to commit an act, or committing an act, which would 16 tend to coerce, intimidate, or preclude another licensee from 17 lawfully advertising her or his services. 18 (cc) Being adjudged mentally incompetent in this or 19 any other state, the discipline for which shall last only so 20 long as the adjudication. 21 (dd) Presigning blank prescription or laboratory work 22 order forms. 23 (ee) Prescribing, ordering, dispensing, administering, 24 supplying, selling, or giving growth hormones, testosterone or 25 its analogs, human chorionic gonadotropin (HCG), or other 26 hormones for the purpose of muscle building or to enhance 27 athletic performance. For the purposes of this subsection, the 28 term "muscle building" does not include the treatment of 29 injured muscle. A prescription written for the drug products 30 listed above may be dispensed by the pharmacist with the 31 presumption that the prescription is for legitimate medical 90 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 use. 2 (ff) Operating or causing to be operated a dental 3 office in such a manner as to result in dental treatment that 4 is below minimum acceptable standards of performance for the 5 community. This includes, but is not limited to, the use of 6 substandard materials or equipment, the imposition of time 7 limitations within which dental procedures are to be 8 performed, or the failure to maintain patient records as 9 required by this chapter. 10 (gg) Administering anesthesia in a manner which 11 violates rules of the board adopted pursuant to s. 466.017. 12 (hh) Failing to report to the department any licensee 13 under chapter 458 or chapter 459 who the dentist knows has 14 violated the grounds for disciplinary action set out in the 15 law under which that person is licensed and who provides 16 health care services in a facility licensed under chapter 395, 17 or a health maintenance organization certificated under part I 18 of chapter 641, in which the dentist also provides services. 19 (ii) Failing to report to the board, in writing, 20 within 30 days if action has been taken against one's license 21 to practice dentistry in another state, territory, or country. 22 (jj) Advertising specialty services in violation of 23 this chapter. 24 (kk) Allowing any person other than another dentist or 25 a professional corporation or limited liability company 26 composed of dentists to direct, control, or interfere with a 27 dentist's clinical judgment; however, this paragraph may not 28 be construed to limit a patient's right of informed consent. 29 To direct, control, or interfere with a dentist's clinical 30 judgment may not be interpreted to mean dental services 31 contractually excluded, the application of alternative 91 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 benefits that may be appropriate given the dentist's 2 prescribed course of treatment, or the application of 3 contractual provisions and scope of coverage determinations in 4 comparison with a dentist's prescribed treatment on behalf of 5 a covered person by an insurer, health maintenance 6 organization, or a prepaid limited health service 7 organization. 8 (ll) Violating any provision of this chapter or 9 chapter 456, or any rules adopted pursuant thereto. 10 (2) The board may enter an order denying licensure or 11 imposing any of the penalties in s. 456.072(2) against any 12 applicant for licensure or licensee who is found guilty of 13 violating any provision of subsection (1) of this section or 14 who is found guilty of violating any provision of s. 15 456.072(1). When the board finds any applicant or licensee 16 guilty of any of the grounds set forth in subsection (1), it 17 may enter an order imposing one or more of the following 18 penalties: 19 (a) Denial of an application for licensure. 20 (b) Revocation or suspension of a license. 21 (c) Imposition of an administrative fine not to exceed 22 $3,000 for each count or separate offense. 23 (d) Issuance of a reprimand. 24 (e) Placement of the licensee on probation for a 25 period of time and subject to such conditions as the board may 26 specify, including requiring the licensee to attend continuing 27 education courses or demonstrate competency through a written 28 or practical examination or to work under the supervision of 29 another licensee. 30 (f) Restricting the authorized scope of practice. 31 Section 34. Section 466.037, Florida Statutes, is 92 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 amended to read: 2 466.037 Suspension and revocation; administrative 3 fine.--The department may suspend or revoke the certificate of 4 any dental laboratory registered under s. 466.032, for failing 5 to comply with the provisions of this chapter or rules adopted 6 by the department under this chapter. The department may 7 impose an administrative fine not to exceed $500 for each 8 count or separate offense. 9 Section 35. Subsections (1) and (2) of section 10 467.203, Florida Statutes, are amended to read: 11 467.203 Disciplinary actions; penalties.-- 12 (1) The following acts constitute shall be grounds for 13 denial of a license or disciplinary action, as specified in s. 14 456.072(2) disciplinary action as set forth in this section: 15 (a) Procuring, attempting to procure, or renewing a 16 license to practice midwifery by bribery, by fraudulent 17 misrepresentation, or through an error of the department. 18 (b) Having a license to practice midwifery revoked, 19 suspended, or otherwise acted against, including being denied 20 licensure, by the licensing authority of another state, 21 territory, or country. 22 (c) Being convicted or found guilty, regardless of 23 adjudication, in any jurisdiction of a crime which directly 24 relates to the practice of midwifery or to the ability to 25 practice midwifery. A plea of nolo contendere shall be 26 considered a conviction for purposes of this provision. 27 (d) Making or filing a false report or record, which 28 the licensee knows to be false; intentionally or negligently 29 failing to file a report or record required by state or 30 federal law; or willfully impeding or obstructing such filing 31 or inducing another to do so. Such reports or records shall 93 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 include only those which are signed in the midwife's capacity 2 as a licensed midwife. 3 (e) Advertising falsely, misleadingly, or deceptively. 4 (f) Engaging in unprofessional conduct, which 5 includes, but is not limited to, any departure from, or the 6 failure to conform to, the standards of practice of midwifery 7 as established by the department, in which case actual injury 8 need not be established. 9 (g) Being unable to practice midwifery with reasonable 10 skill and safety to patients by reason of illness; 11 drunkenness; or use of drugs, narcotics, chemicals, or other 12 materials or as a result of any mental or physical condition. 13 A midwife affected under this paragraph shall, at reasonable 14 intervals, be afforded an opportunity to demonstrate that he 15 or she can resume the competent practice of midwifery with 16 reasonable skill and safety. 17 (h) 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. 20 (i) Willfully or repeatedly Violating any provision of 21 this chapter, any rule of the department, or any lawful order 22 of the department previously entered in a disciplinary 23 proceeding or failing to comply with a lawfully issued 24 subpoena of the department. 25 (j) Violating any provision of this chapter or chapter 26 456, or any rules adopted pursuant thereto. 27 (2) The department may enter an order denying 28 licensure or imposing any of the penalties in s. 456.072(2) 29 against any applicant for licensure or licensee who is found 30 guilty of violating any provision of subsection (1) of this 31 section or who is found guilty of violating any provision of 94 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 s. 456.072(1). When the department finds any person guilty of 2 any of the grounds set forth in subsection (1), it may enter 3 an order imposing one or more of the following penalties: 4 (a) Refusal to approve 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 midwife on probation for such 10 period of time and subject to such conditions as the 11 department may specify, including requiring the midwife to 12 submit to treatment; undertake further relevant education or 13 training; take an examination; or work under the supervision 14 of another licensed midwife, a physician, or a nurse midwife 15 licensed under part I of chapter 464. 16 Section 36. Subsections (1) and (2) of section 17 468.1295, Florida Statutes, are amended to read: 18 468.1295 Disciplinary proceedings.-- 19 (1) The following acts constitute grounds for denial 20 of a license or disciplinary action, as specified in s. 21 456.072(2) both disciplinary actions as set forth in 22 subsection (2) and cease and desist or other related actions 23 by the department as set forth in s. 456.065: 24 (a) Procuring or attempting to procure a license by 25 bribery, by fraudulent misrepresentation, or through an error 26 of the department or the board. 27 (b) Having a license revoked, suspended, or otherwise 28 acted against, including denial of licensure, by the licensing 29 authority of another state, territory, or country. 30 (c) Being convicted or found guilty of, or entering a 31 plea of nolo contendere to, regardless of adjudication, a 95 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 crime in any jurisdiction which directly relates to the 2 practice of speech-language pathology or audiology. 3 (d) Making or filing a report or record which the 4 licensee knows to be false, intentionally or negligently 5 failing to file a report or records required by state or 6 federal law, willfully impeding or obstructing such filing, or 7 inducing another person to impede or obstruct such filing. 8 Such report or record shall include only those reports or 9 records which are signed in one's capacity as a licensed 10 speech-language pathologist or audiologist. 11 (e) Advertising goods or services in a manner which is 12 fraudulent, false, deceptive, or misleading in form or 13 content. 14 (f) Being proven guilty of fraud or deceit or of 15 negligence, incompetency, or misconduct in the practice of 16 speech-language pathology or audiology. 17 (g) Violating a lawful order of the board or 18 department previously entered in a disciplinary hearing, or 19 failing to comply with a lawfully issued subpoena of the board 20 or department. 21 (h) Practicing with a revoked, suspended, inactive, or 22 delinquent license. 23 (i) Using, or causing or promoting the use of, any 24 advertising matter, promotional literature, testimonial, 25 guarantee, warranty, label, brand, insignia, or other 26 representation, however disseminated or published, which is 27 misleading, deceiving, or untruthful. 28 (j) Showing or demonstrating or, in the event of sale, 29 delivery of a product unusable or impractical for the purpose 30 represented or implied by such action. 31 (k) Failing to submit to the board on an annual basis, 96 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 or such other basis as may be provided by rule, certification 2 of testing and calibration of such equipment as designated by 3 the board and on the form approved by the board. 4 (l) Aiding, assisting, procuring, employing, or 5 advising any licensee or business entity to practice 6 speech-language pathology or audiology contrary to this part, 7 chapter 456, or any rule adopted pursuant thereto. 8 (m) Violating any provision of this part or chapter 9 456 or any rule adopted pursuant thereto. 10 (m)(n) Misrepresenting the professional services 11 available in the fitting, sale, adjustment, service, or repair 12 of a hearing aid, or using any other term or title which might 13 connote the availability of professional services when such 14 use is not accurate. 15 (n)(o) Representing, advertising, or implying that a 16 hearing aid or its repair is guaranteed without providing full 17 disclosure of the identity of the guarantor; the nature, 18 extent, and duration of the guarantee; and the existence of 19 conditions or limitations imposed upon the guarantee. 20 (o)(p) Representing, directly or by implication, that 21 a hearing aid utilizing bone conduction has certain specified 22 features, such as the absence of anything in the ear or 23 leading to the ear, or the like, without disclosing clearly 24 and conspicuously that the instrument operates on the bone 25 conduction principle and that in many cases of hearing loss 26 this type of instrument may not be suitable. 27 (p)(q) Stating or implying that the use of any hearing 28 aid will improve or preserve hearing or prevent or retard the 29 progression of a hearing impairment or that it will have any 30 similar or opposite effect. 31 (q)(r) Making any statement regarding the cure of the 97 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 cause of a hearing impairment by the use of a hearing aid. 2 (r)(s) Representing or implying that a hearing aid is 3 or will be "custom-made," "made to order," or 4 "prescription-made," or in any other sense specially 5 fabricated for an individual, when such is not the case. 6 (s)(t) Canvassing from house to house or by telephone, 7 either in person or by an agent, for the purpose of selling a 8 hearing aid, except that contacting persons who have evidenced 9 an interest in hearing aids, or have been referred as in need 10 of hearing aids, shall not be considered canvassing. 11 (t)(u) Failing to notify the department in writing of 12 a change in current mailing and place-of-practice address 13 within 30 days after such change. 14 (u)(v) Failing to provide all information as described 15 in ss. 468.1225(5)(b), 468.1245(1), and 468.1246. 16 (v)(w) 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 (w)(x) Practicing or offering to practice beyond the 20 scope permitted by law or accepting and performing 21 professional responsibilities the licensee or 22 certificateholder knows, or has reason to know, the licensee 23 or certificateholder is not competent to perform. 24 (x)(y) Aiding, assisting, procuring, or employing any 25 unlicensed person to practice speech-language pathology or 26 audiology. 27 (y)(z) Delegating or contracting for the performance 28 of professional responsibilities by a person when the licensee 29 delegating or contracting for performance of such 30 responsibilities knows, or has reason to know, such person is 31 not qualified by training, experience, and authorization to 98 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 perform them. 2 (z)(aa) Committing any act upon a patient or client 3 which would constitute sexual battery or which would 4 constitute sexual misconduct as defined pursuant to s. 5 468.1296. 6 (aa)(bb) Being unable to practice the profession for 7 which he or she is licensed or certified under this chapter 8 with reasonable skill or competence as a result of any mental 9 or physical condition or by reason of illness, drunkenness, or 10 use of drugs, narcotics, chemicals, or any other substance. In 11 enforcing this paragraph, upon a finding by the secretary, his 12 or her designee, or the board that probable cause exists to 13 believe that the licensee or certificateholder is unable to 14 practice the profession because of the reasons stated in this 15 paragraph, the department shall have the authority to compel a 16 licensee or certificateholder to submit to a mental or 17 physical examination by a physician, psychologist, clinical 18 social worker, marriage and family therapist, or mental health 19 counselor designated by the department or board. If the 20 licensee or certificateholder refuses to comply with the 21 department's order directing the examination, such order may 22 be enforced by filing a petition for enforcement in the 23 circuit court in the circuit in which the licensee or 24 certificateholder resides or does business. 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 for which he or she is licensed or 30 certified with reasonable skill and safety to patients. 31 (bb) Violating any provision of this chapter or 99 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 chapter 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 acts set forth in subsection (1), it may issue an order 9 imposing one or more of the following penalties: 10 (a) Refusal to certify, or to certify with 11 restrictions, an application for licensure. 12 (b) Suspension or permanent revocation of a license. 13 (c) Issuance of a reprimand. 14 (d) Restriction of the authorized scope of practice. 15 (e) Imposition of an administrative fine not to exceed 16 $1,000 for each count or separate offense. 17 (f) Placement of the licensee or certificateholder on 18 probation for a period of time and subject to such conditions 19 as the board may specify. Those conditions may include, but 20 are not limited to, requiring the licensee or 21 certificateholder to undergo treatment, attend continuing 22 education courses, submit to be reexamined, work under the 23 supervision of another licensee, or satisfy any terms which 24 are reasonably tailored to the violation found. 25 (g) Corrective action. 26 Section 37. Subsections (1) and (2) of section 27 468.1755, Florida Statutes, are amended to read: 28 468.1755 Disciplinary proceedings.-- 29 (1) The following acts shall constitute grounds for 30 denial of a license or disciplinary action, as specified in s. 31 456.072(2) which the disciplinary actions in subsection (2) 100 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 may be taken: 2 (a) Violation of any provision of s. 456.072(1) or s. 3 468.1745(1). 4 (b) Attempting to procure a license to practice 5 nursing home administration by bribery, by fraudulent 6 misrepresentation, or through an error of the department or 7 the board. 8 (c) Having a license to practice nursing home 9 administration revoked, suspended, or otherwise acted against, 10 including the denial of licensure, by the licensing authority 11 of another state, territory, or country. 12 (d) Being convicted or found guilty, regardless of 13 adjudication, of a crime in any jurisdiction which relates to 14 the practice of nursing home administration or the ability to 15 practice nursing home administration. Any plea of nolo 16 contendere shall be considered a conviction for purposes of 17 this part. 18 (e) Making or filing a report or record which the 19 licensee knows to be false, intentionally failing to file a 20 report or record required by state or federal law, willfully 21 impeding or obstructing such filing, or inducing another 22 person to impede or obstruct such filing. Such reports or 23 records shall include only those which are signed in the 24 capacity of a licensed nursing home administrator. 25 (f) Authorizing the discharge or transfer of a 26 resident for a reason other than those provided in ss. 400.022 27 and 400.0255. 28 (g) Advertising goods or services in a manner which is 29 fraudulent, false, deceptive, or misleading in form or 30 content. 31 (h) Fraud or deceit, negligence, incompetence, or 101 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 misconduct in the practice of nursing home administration. 2 (i) A violation or repeated violations of this part, 3 chapter 456, or any rules promulgated pursuant thereto. 4 (i)(j) Violation of 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 board 7 or department. 8 (j)(k) Practicing with a revoked, suspended, inactive, 9 or delinquent license. 10 (k)(l) Repeatedly acting in a manner inconsistent with 11 the health, safety, or welfare of the patients of the facility 12 in which he or she is the administrator. 13 (l)(m) Being unable to practice nursing home 14 administration with reasonable skill and safety to patients by 15 reason of illness, drunkenness, use of drugs, narcotics, 16 chemicals, or any other material or substance or as a result 17 of any mental or physical condition. In enforcing this 18 paragraph, upon a finding of the secretary or his or her 19 designee that probable cause exists to believe that the 20 licensee is unable to serve as a nursing home administrator 21 due to the reasons stated in this paragraph, the department 22 shall have the authority to issue an order to compel the 23 licensee to submit to a mental or physical examination by a 24 physician designated by the department. If the licensee 25 refuses to comply with such order, the department's order 26 directing such examination may be enforced by filing a 27 petition for enforcement in the circuit court where the 28 licensee resides or serves as a nursing home administrator. 29 The licensee against whom the petition is filed shall not be 30 named or identified by initials in any public court records or 31 documents, and the proceedings shall be closed to the public. 102 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 The department shall be entitled to the summary procedure 2 provided in s. 51.011. A licensee affected under this 3 paragraph shall have the opportunity, at reasonable intervals, 4 to demonstrate that he or she can resume the competent 5 practice of nursing home administration with reasonable skill 6 and safety to patients. 7 (m)(n) Willfully or repeatedly violating any of the 8 provisions of the law, code, or rules of the licensing or 9 supervising authority or agency of the state or political 10 subdivision thereof having jurisdiction of the operation and 11 licensing of nursing homes. 12 (n)(o) Paying, giving, causing to be paid or given, or 13 offering to pay or to give to any person a commission or other 14 valuable consideration for the solicitation or procurement, 15 either directly or indirectly, of nursing home usage. 16 (o)(p) Willfully permitting unauthorized disclosure of 17 information relating to a patient or his or her records. 18 (p)(q) Discriminating with respect to patients, 19 employees, or staff on account of race, religion, color, sex, 20 or national origin. 21 (q) Violating any provision of this chapter or chapter 22 456, or any rules adopted pursuant thereto. 23 (2) The board may enter an order denying licensure or 24 imposing any of the penalties in s. 456.072(2) against any 25 applicant for licensure or licensee who is found guilty of 26 violating any provision of subsection (1) of this section or 27 who is found guilty of violating any provision of s. 28 456.072(1). When the board finds any nursing home 29 administrator guilty of any of the grounds set forth in 30 subsection (1), it may enter an order imposing one or more of 31 the following penalties: 103 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (a) Denial of an application for licensure. 2 (b) Revocation or suspension of a license. 3 (c) Imposition of an administrative fine not to exceed 4 $1,000 for each count or separate offense. 5 (d) Issuance of a reprimand. 6 (e) Placement of the licensee on probation for a 7 period of time and subject to such conditions as the board may 8 specify, including requiring the licensee to attend continuing 9 education courses or to work under the supervision of another 10 licensee. 11 (f) Restriction of the authorized scope of practice. 12 Section 38. Section 468.217, Florida Statutes, is 13 amended to read: 14 468.217 Denial of or refusal to renew license; 15 suspension and revocation of license and other disciplinary 16 measures.-- 17 (1) The following acts constitute grounds for denial 18 of a license or disciplinary action, as specified in s. 19 456.072(2) The board may deny or refuse to renew a license, 20 suspend or revoke a license, issue a reprimand, impose a fine, 21 or impose probationary conditions upon a licensee, when the 22 licensee or applicant for license has been guilty of 23 unprofessional conduct which has endangered, or is likely to 24 endanger, the health, welfare, or safety of the public. Such 25 unprofessional conduct includes: 26 (a) Attempting to obtain, obtaining, or renewing a 27 license to practice occupational therapy by bribery, by 28 fraudulent misrepresentation, or through an error of the 29 department or the board. 30 (b) Having a license to practice occupational therapy 31 revoked, suspended, or otherwise acted against, including the 104 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 denial of licensure, by the licensing authority of another 2 state, territory, or country. 3 (c) Being convicted or found guilty, regardless of 4 adjudication, of a crime in any jurisdiction which directly 5 relates to the practice of occupational therapy or to the 6 ability to practice occupational therapy. A plea of nolo 7 contendere shall be considered a conviction for the purposes 8 of this part. 9 (d) False, deceptive, or misleading advertising. 10 (e) Advertising, practicing, or attempting to practice 11 under a name other than one's own name. 12 (f) 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 of the board. 15 (g) Aiding, assisting, procuring, or advising any 16 unlicensed person to practice occupational therapy contrary to 17 this part or to a rule of the department or the board. 18 (h) Failing to perform any statutory or legal 19 obligation placed upon a licensed occupational therapist or 20 occupational therapy assistant. 21 (i) Making or filing a report which the licensee knows 22 to be false, intentionally or negligently failing to file a 23 report or record required by state or federal law, willfully 24 impeding or obstructing such filing or inducing another person 25 to do so. Such reports or records include only those which 26 are signed in the capacity as a licensed occupational 27 therapist or occupational therapy assistant. 28 (j) Paying or receiving any commission, bonus, 29 kickback, or rebate to or from, or engaging in any split-fee 30 arrangement in any form whatsoever with, a physician, 31 organization, agency, or person, either directly or 105 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 indirectly, for patients referred to providers of health care 2 goods and services, including, but not limited to, hospitals, 3 nursing homes, clinical laboratories, ambulatory surgical 4 centers, or pharmacies. The provisions of this paragraph 5 shall not be construed to prevent an occupational therapist or 6 occupational therapy assistant from receiving a fee for 7 professional consultation services. 8 (k) Exercising influence within a patient-therapist 9 relationship for purposes of engaging a patient in sexual 10 activity. A patient is presumed to be incapable of giving 11 free, full, and informed consent to sexual activity with the 12 patient's occupational therapist or occupational therapy 13 assistant. 14 (l) Making deceptive, untrue, or fraudulent 15 representations in the practice of occupational therapy or 16 employing a trick or scheme in the practice of occupational 17 therapy if such scheme or trick fails to conform to the 18 generally prevailing standards of treatment in the 19 occupational therapy community. 20 (m) Soliciting patients, either personally or through 21 an agent, through the use of fraud, intimidation, undue 22 influence, or a form of overreaching or vexatious conduct. A 23 "solicitation" is any communication which directly or 24 implicitly requests an immediate oral response from the 25 recipient. 26 (n) Failing to keep written records justifying the 27 course of treatment of the patient, including, but not limited 28 to, patient histories, examination results, and test results. 29 (o) Exercising influence on the patient or client in 30 such a manner as to exploit the patient or client for 31 financial gain of the licensee or of a third party which 106 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 includes, but is not limited to, the promoting or selling of 2 services, goods, appliances, or drugs. 3 (p) Performing professional services which have not 4 been duly authorized by the patient or client, or his or her 5 legal representative, except as provided in s. 768.13. 6 (q) Gross or repeated malpractice or the failure to 7 practice occupational therapy with that level of care, skill, 8 and treatment which is recognized by a reasonably prudent 9 similar occupational therapist or occupational therapy 10 assistant as being acceptable under similar conditions and 11 circumstances. 12 (r) Performing any procedure which, by the prevailing 13 standards of occupational therapy practice in the community, 14 would constitute experimentation on a human subject without 15 first obtaining full, informed, and written consent. 16 (s) Practicing or offering to practice beyond the 17 scope permitted by law or accepting and performing 18 professional responsibilities which the licensee knows or has 19 reason to know that he or she is not competent to perform. 20 (t) Being unable to practice occupational therapy with 21 reasonable skill and safety to patients by reason of illness 22 or use of alcohol, drugs, narcotics, chemicals, or any other 23 type of material or as a result of any mental or physical 24 condition. In enforcing this paragraph, the department shall 25 have, upon probable cause, authority to compel an occupational 26 therapist or occupational therapy assistant to submit to a 27 mental or physical examination by physicians designated by the 28 department. The failure of an occupational therapist or 29 occupational therapy assistant to submit to such examination 30 when so directed constitutes an admission of the allegations 31 against him or her, upon which a default and final order may 107 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 be entered without the taking of testimony or presentation of 2 evidence, unless the failure was due to circumstances beyond 3 his or her control. An occupational therapist or occupational 4 therapy assistant affected under this paragraph shall at 5 reasonable intervals be afforded an opportunity to demonstrate 6 that he or she can resume the competent practice of 7 occupational therapy with reasonable skill and safety to 8 patients. In any proceeding under this paragraph, neither the 9 record of proceedings nor the orders entered by the board 10 shall be used against an occupational therapist or 11 occupational therapy assistant in any other proceeding. 12 (u) Delegating professional responsibilities to a 13 person when the licensee who is delegating such 14 responsibilities knows or has reason to know that such person 15 is not qualified by training, experience, or licensure to 16 perform them. 17 (v) Violating any provision of this part, a rule of 18 the board or department, or a lawful order of the board or 19 department previously entered in a disciplinary hearing or 20 failing to comply with a lawfully issued subpoena of the 21 department. 22 (w) 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 his or her services. 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 108 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 who is found guilty of violating any provision of s. 2 456.072(1). 3 (3)(2) The board may not reinstate the license of an 4 occupational therapist or occupational therapy assistant, or 5 cause a license to be issued to a person it has deemed 6 unqualified, until such time as the board is satisfied that 7 such person has complied with all the terms and conditions set 8 forth in the final order and is capable of safely engaging in 9 the practice of occupational therapy. 10 Section 39. Subsections (1) and (2) of section 11 468.365, Florida Statutes, are amended to read: 12 468.365 Disciplinary grounds and actions.-- 13 (1) The following acts constitute grounds for denial 14 of a license or disciplinary action, as specified in s. 15 456.072(2) which the disciplinary actions in subsection (2) 16 may be taken: 17 (a) Procuring, attempting to procure, or renewing a 18 license as provided by this part by bribery, by fraudulent 19 misrepresentation, or through an error of the department or 20 the board. 21 (b) Having licensure, certification, registration, or 22 other authority, by whatever name known, to deliver 23 respiratory care services revoked, suspended, or otherwise 24 acted against, including the denial of licensure, 25 certification, registration, or other authority to deliver 26 respiratory care services by the licensing authority of 27 another state, territory, or country. 28 (c) Being convicted or found guilty of, or entering a 29 plea of nolo contendere to, regardless of adjudication, a 30 crime in any jurisdiction which directly relates to 31 respiratory care services or to the ability to deliver such 109 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 services. 2 (d) Willfully making or filing a false report or 3 record, willfully failing to file a report or record required 4 by state or federal law, or willfully impeding or obstructing 5 such filing or inducing another person to do so. Such reports 6 or records include only those reports or records which require 7 the signature of a respiratory care practitioner or 8 respiratory therapist licensed pursuant to this part. 9 (e) Circulating false, misleading, or deceptive 10 advertising. 11 (f) Unprofessional conduct, which includes, but is not 12 limited to, any departure from, or failure to conform to, 13 acceptable standards related to the delivery of respiratory 14 care services, as set forth by the board in rules adopted 15 pursuant to this part. 16 (g) Engaging or attempting to engage in the 17 possession, sale, or distribution of controlled substances, as 18 set forth by law, for any purpose other than a legitimate 19 purpose. 20 (h) Willfully failing to report any violation of this 21 part. 22 (i) Willfully or repeatedly Violating a rule of the 23 board or the department or a lawful order of the board or 24 department previously entered in a disciplinary hearing. 25 (j) Violation of any rule adopted pursuant to this 26 part or chapter 456. 27 (j)(k) Engaging in the delivery of respiratory care 28 services with a revoked, suspended, or inactive license. 29 (k)(l) Permitting, aiding, assisting, procuring, or 30 advising any person who is not licensed pursuant to this part, 31 contrary to this part or to any rule of the department or the 110 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 board. 2 (l)(m) Failing to perform any statutory or legal 3 obligation placed upon a respiratory care practitioner or 4 respiratory therapist licensed pursuant to this part. 5 (m)(n) Accepting and performing professional 6 responsibilities which the licensee knows, or has reason to 7 know, she or he is not competent to perform. 8 (n)(o) Delegating professional responsibilities to a 9 person when the licensee delegating such responsibilities 10 knows, or has reason to know, that such person is not 11 qualified by training, experience, or licensure to perform 12 them. 13 (o)(p) Gross or repeated malpractice or the failure to 14 deliver respiratory care services with that level of care, 15 skill, and treatment which is recognized by a reasonably 16 prudent respiratory care practitioner or respiratory therapist 17 with similar professional training as being acceptable under 18 similar conditions and circumstances. 19 (p)(q) Paying or receiving any commission, bonus, 20 kickback, or rebate to or from, or engaging in any split-fee 21 arrangement in any form whatsoever with, a person, 22 organization, or agency, either directly or indirectly, for 23 goods or services rendered to patients referred by or to 24 providers of health care goods and services, including, but 25 not limited to, hospitals, nursing homes, clinical 26 laboratories, ambulatory surgical centers, or pharmacies. The 27 provisions of this paragraph shall not be construed to prevent 28 the licensee from receiving a fee for professional 29 consultation services. 30 (q)(r) Exercising influence within a respiratory care 31 relationship for the purpose of engaging a patient in sexual 111 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 activity. A patient is presumed to be incapable of giving 2 free, full, and informed consent to sexual activity with the 3 patient's respiratory care practitioner or respiratory 4 therapist. 5 (r)(s) Making deceptive, untrue, or fraudulent 6 representations in the delivery of respiratory care services 7 or employing a trick or scheme in the delivery of respiratory 8 care services if such a scheme or trick fails to conform to 9 the generally prevailing standards of other licensees within 10 the community. 11 (s)(t) Soliciting patients, either personally or 12 through an agent, through the use of fraud, deception, or 13 otherwise misleading statements or through the exercise of 14 intimidation or undue influence. 15 (t)(u) Failing to keep written respiratory care 16 records justifying the reason for the action taken by the 17 licensee. 18 (u)(v) Exercising influence on the patient in such a 19 manner as to exploit the patient for the financial gain of the 20 licensee or a third party, which includes, but is not limited 21 to, the promoting or selling of services, goods, appliances, 22 or drugs. 23 (v)(w) Performing professional services which have not 24 been duly ordered by a physician licensed pursuant to chapter 25 458 or chapter 459 and which are not in accordance with 26 protocols established by the hospital, other health care 27 provider, or the board, except as provided in ss. 743.064, 28 766.103, and 768.13. 29 (w)(x) Being unable to deliver respiratory care 30 services with reasonable skill and safety to patients by 31 reason of illness or use of alcohol, drugs, narcotics, 112 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 chemicals, or any other type of material as a result of any 2 mental or physical condition. In enforcing this paragraph, 3 the department shall, upon probable cause, have authority to 4 compel a respiratory care practitioner or respiratory 5 therapist to submit to a mental or physical examination by 6 physicians designated by the department. The cost of 7 examination shall be borne by the licensee being examined. 8 The failure of a respiratory care practitioner or respiratory 9 therapist to submit to such an examination when so directed 10 constitutes an admission of the allegations against her or 11 him, upon which a default and a final order may be entered 12 without the taking of testimony or presentation of evidence, 13 unless the failure was due to circumstances beyond her or his 14 control. A respiratory care practitioner or respiratory 15 therapist affected under this paragraph shall at reasonable 16 intervals be afforded an opportunity to demonstrate that she 17 or he can resume the competent delivery of respiratory care 18 services with reasonable skill and safety to her or his 19 patients. In any proceeding under this paragraph, neither the 20 record of proceedings nor the orders entered by the board 21 shall be used against a respiratory care practitioner or 22 respiratory therapist in any other proceeding. 23 (x) Violating any provision of this chapter or chapter 24 456, or any rules adopted pursuant thereto. 25 (2) The board may enter an order denying licensure or 26 imposing any of the penalties in s. 456.072(2) against any 27 applicant for licensure or licensee who is found guilty of 28 violating any provision of subsection (1) of this section or 29 who is found guilty of violating any provision of s. 30 456.072(1). If the board finds any person guilty of any of the 31 grounds set forth in subsection (1), it may enter an order 113 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 imposing one or more of the following penalties: 2 (a) Denial of an application for licensure. 3 (b) Revocation or suspension of licensure. 4 (c) Imposition of an administrative fine not to exceed 5 $1,000 for each count or separate offense. 6 (d) Placement of the respiratory care practitioner or 7 respiratory therapist on probation for such period of time and 8 subject to such conditions as the board may specify, 9 including, but not limited to, requiring the respiratory care 10 practitioner or respiratory therapist to submit to treatment, 11 to attend continuing education courses, or to work under the 12 supervision of another respiratory care practitioner or 13 respiratory therapist. 14 (e) Issuance of a reprimand. 15 Section 40. Subsections (1) and (2) of section 16 468.518, Florida Statutes, are amended to read: 17 468.518 Grounds for disciplinary action.-- 18 (1) The following acts constitute grounds for denial 19 of a license or disciplinary action, as specified in s. 20 456.072(2) which the disciplinary actions in subsection (2) 21 may be taken: 22 (a) Violating any provision of this part, any board or 23 agency rule adopted pursuant thereto, or any lawful order of 24 the board or agency previously entered in a disciplinary 25 hearing held pursuant to this part, or failing to comply with 26 a lawfully issued subpoena of the agency. The provisions of 27 this paragraph also apply to any order or subpoena previously 28 issued by the Department of Health during its period of 29 regulatory control over this part. 30 (b) Being unable to engage in dietetics and nutrition 31 practice or nutrition counseling with reasonable skill and 114 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 safety to patients by reason of illness or use of alcohol, 2 drugs, narcotics, chemicals, or any other type of material or 3 as a result of any mental or physical condition. 4 1. A licensee whose license is suspended or revoked 5 pursuant to this paragraph shall, at reasonable intervals, be 6 given an opportunity to demonstrate that he or she can resume 7 the competent practice of dietetics and nutrition or nutrition 8 counseling with reasonable skill and safety to patients. 9 2. Neither the record of the proceeding nor the orders 10 entered by the board in any proceeding under this paragraph 11 may be used against a licensee in any other proceeding. 12 (c) Attempting to procure or procuring a license to 13 practice dietetics and nutrition or nutrition counseling by 14 fraud or material misrepresentation of material fact. 15 (d) Having a license to practice dietetics and 16 nutrition or nutrition counseling revoked, suspended, or 17 otherwise acted against, including the denial of licensure by 18 the licensing authority of another state, district, territory, 19 or country. 20 (e) 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 dietetics and nutrition or nutrition counseling or 24 the ability to practice dietetics and nutrition or nutrition 25 counseling. 26 (f) Making or filing a report or record that the 27 licensee knows to be false, willfully failing to file a report 28 or record required by state or federal law, willfully impeding 29 or obstructing such filing, or inducing another person to 30 impede or obstruct such filing. Such reports or records 31 include only those that are signed in the capacity of a 115 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 licensed dietitian/nutritionist or licensed nutrition 2 counselor. 3 (g) Advertising goods or services in a manner that is 4 fraudulent, false, deceptive, or misleading in form or 5 content. 6 (h) Committing an act of fraud or deceit, or of 7 negligence, incompetency, or misconduct in the practice of 8 dietetics and nutrition or nutrition counseling. 9 (i) Practicing with a revoked, suspended, inactive, or 10 delinquent license. 11 (j) Treating or undertaking to treat human ailments by 12 means other than by dietetics and nutrition practice or 13 nutrition counseling. 14 (k) Failing to maintain acceptable standards of 15 practice as set forth by the board and the council in rules 16 adopted pursuant to this part. 17 (l) Engaging directly or indirectly in the dividing, 18 transferring, assigning, rebating, or refunding of fees 19 received for professional services, or profiting by means of a 20 credit or other valuable consideration, such as an unearned 21 commission, discount, or gratuity, with any person referring a 22 patient or with any relative or business associate of the 23 referring person. Nothing in this part prohibits the members 24 of any regularly and properly organized business entity that 25 is composed of licensees under this part and recognized under 26 the laws of this state from making any division of their total 27 fees among themselves as they determine necessary. 28 (m) Advertising, by or on behalf of a licensee under 29 this part, any method of assessment or treatment which is 30 experimental or without generally accepted scientific 31 validation. 116 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (n) Violating any provision of this chapter or chapter 2 456, or any rules adopted pursuant thereto. 3 (2) The board may enter an order denying licensure or 4 imposing any of the penalties in s. 456.072(2) against any 5 applicant for licensure or licensee who is found guilty of 6 violating any provision of subsection (1) of this section or 7 who is found guilty of violating any provision of s. 8 456.072(1). When the board finds any licensee guilty of any of 9 the grounds set forth in subsection (1), it may enter an order 10 imposing one or more of the following penalties: 11 (a) Denial of an application for licensure; 12 (b) Revocation or suspension of a license; 13 (c) Imposition of an administrative fine not to exceed 14 $1,000 for each violation; 15 (d) Issuance of a reprimand or letter of guidance; 16 (e) Placement of the licensee on probation for a 17 period of time and subject to such conditions as the board may 18 specify, including requiring the licensee to attend continuing 19 education courses or to work under the supervision of a 20 licensed dietitian/nutritionist or licensed nutrition 21 counselor; or 22 (f) Restriction of the authorized scope of practice of 23 the licensee. 24 Section 41. Section 468.719, Florida Statutes, is 25 amended to read: 26 468.719 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 actions provided for in subsection 30 (2): 31 (a) A violation of any law relating to the practice of 117 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 athletic training, including, but not limited to, any 2 violation of this part, s. 456.072, or any rule adopted 3 pursuant thereto. 4 (a)(b) Failing to include the athletic trainer's name 5 and license number in any advertising, including, but not 6 limited to, business cards and letterhead, related to the 7 practice of athletic training. Advertising shall not include 8 clothing or other novelty items. 9 (b)(c) Committing incompetency or misconduct in the 10 practice of athletic training. 11 (c)(d) Committing fraud or deceit in the practice of 12 athletic training. 13 (d)(e) Committing negligence, gross negligence, or 14 repeated negligence in the practice of athletic training. 15 (e)(f) While practicing athletic training, being 16 unable to practice athletic training with reasonable skill and 17 safety to athletes by reason of illness or use of alcohol or 18 drugs or as a result of any mental or physical condition. 19 (f) Violating any provision of this chapter or chapter 20 456, 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 acts set forth in subsection (1), the board may enter an 28 order imposing one or more of the penalties provided in s. 29 456.072. 30 Section 42. Section 468.811, Florida Statutes, is 31 amended to read: 118 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 468.811 Disciplinary proceedings.-- 2 (1) The following acts constitute are grounds for 3 denial of a license or disciplinary action, as specified in s. 4 456.072(2): disciplinary action against a licensee and the 5 issuance of cease and desist orders or other related action by 6 the department, pursuant to s. 456.072, against any person who 7 engages in or aids in a violation. 8 (a) Attempting to procure a license by fraudulent 9 misrepresentation. 10 (b) Having a license to practice orthotics, 11 prosthetics, or pedorthics revoked, suspended, or otherwise 12 acted against, including the denial of licensure in another 13 jurisdiction. 14 (c) Being convicted or found guilty of or pleading 15 nolo contendere to, regardless of adjudication, in any 16 jurisdiction, a crime that directly relates to the practice of 17 orthotics, prosthetics, or pedorthics, including violations of 18 federal laws or regulations regarding orthotics, prosthetics, 19 or pedorthics. 20 (d) Filing a report or record that the licensee knows 21 is false, intentionally or negligently failing to file a 22 report or record required by state or federal law, willfully 23 impeding or obstructing such filing, or inducing another 24 person to impede or obstruct such filing. Such reports or 25 records include only reports or records that are signed in a 26 person's capacity as a licensee under this act. 27 (e) Advertising goods or services in a fraudulent, 28 false, deceptive, or misleading manner. 29 (f) Violation of this act or chapter 456, or any rules 30 adopted thereunder. 31 (f)(g) Violation of an order of the board, agency, or 119 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 department previously entered in a disciplinary hearing or 2 failure to comply with a subpoena issued by the board, agency, 3 or department. 4 (g)(h) Practicing with a revoked, suspended, or 5 inactive license. 6 (h)(i) Gross or repeated malpractice or the failure to 7 deliver orthotic, prosthetic, or pedorthic services with that 8 level of care and skill which is recognized by a reasonably 9 prudent licensed practitioner with similar professional 10 training as being acceptable under similar conditions and 11 circumstances. 12 (i)(j) Failing to provide written notice of any 13 applicable warranty for an orthosis, prosthesis, or pedorthic 14 device that is provided to a patient. 15 (j) Violating any provision of this chapter or chapter 16 456, or any rules adopted pursuant thereto. 17 (2) The board may enter an order denying licensure or 18 imposing any of the penalties in s. 456.072(2) against any 19 applicant for licensure or licensee who is found guilty of 20 violating any provision of subsection (1) of this section or 21 who is found guilty of violating any provision of s. 22 456.072(1). The board may enter an order imposing one or more 23 of the penalties in s. 456.072(2) against any person who 24 violates any provision of subsection (1). 25 Section 43. Subsections (1) and (2) of section 478.52, 26 Florida Statutes, are amended to read: 27 478.52 Disciplinary proceedings.-- 28 (1) The following acts constitute are grounds for 29 denial of a license or disciplinary action, as specified in s. 30 456.072(2) which the disciplinary actions in subsection (2) 31 may be taken: 120 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (a) Obtaining or attempting to obtain a license by 2 bribery, fraud, or knowing misrepresentation. 3 (b) Having a license or other authority to deliver 4 electrolysis services revoked, suspended, or otherwise acted 5 against, including denial of licensure, in another 6 jurisdiction. 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 electrology. 11 (d) Willfully making or filing a false report or 12 record, willfully failing to file a report or record required 13 for electrologists, or willfully impeding or obstructing the 14 filing of a report or record required by this act or inducing 15 another person to do so. 16 (e) Circulating false, misleading, or deceptive 17 advertising. 18 (f) Unprofessional conduct, including any departure 19 from, or failure to conform to, acceptable standards related 20 to the delivery of electrolysis services. 21 (g) Engaging or attempting to engage in the illegal 22 possession, sale, or distribution of any illegal or controlled 23 substance. 24 (h) Willfully failing to report any known violation of 25 this chapter. 26 (i) Willfully or repeatedly violating a rule adopted 27 under this chapter, or an order of the board or department 28 previously entered in a disciplinary hearing. 29 (j) Engaging in the delivery of electrolysis services 30 without an active license. 31 (k) Employing an unlicensed person to practice 121 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 electrology. 2 (l) Failing to perform any statutory or legal 3 obligation placed upon an electrologist. 4 (m) Accepting and performing professional 5 responsibilities which the licensee knows, or has reason to 6 know, she or he is not competent to perform. 7 (n) Delegating professional responsibilities to a 8 person the licensee knows, or has reason to know, is 9 unqualified by training, experience, or licensure to perform. 10 (o) Gross or repeated malpractice or the inability to 11 practice electrology with reasonable skill and safety. 12 (p) Judicially determined mental incompetency. 13 (q) Practicing or attempting to practice electrology 14 under a name other than her or his own. 15 (r) Being unable to practice electrology with 16 reasonable skill and safety because of a mental or physical 17 condition or illness, or the use of alcohol, controlled 18 substances, or any other substance which impairs one's ability 19 to practice. 20 1. The department may, upon probable cause, compel a 21 licensee to submit to a mental or physical examination by 22 physicians designated by the department. The cost of an 23 examination shall be borne by the licensee, and her or his 24 failure to submit to such an examination constitutes an 25 admission of the allegations against her or him, consequent 26 upon which a default and a final order may be entered without 27 the taking of testimony or presentation of evidence, unless 28 the failure was due to circumstances beyond her or his 29 control. 30 2. A licensee who is disciplined under this paragraph 31 shall, at reasonable intervals, be afforded an opportunity to 122 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 demonstrate that she or he can resume the practice of 2 electrology with reasonable skill and safety. 3 3. In any proceeding under this paragraph, the record 4 of proceedings or the orders entered by the board may not be 5 used against a licensee in any other proceeding. 6 (s) Disclosing the identity of or information about a 7 patient without written permission, except for information 8 which does not identify a patient and which is used for 9 training purposes in an approved electrolysis training 10 program. 11 (t) Practicing or attempting to practice any permanent 12 hair removal except as described in s. 478.42(5). 13 (u) Operating any electrolysis facility unless it has 14 been duly licensed as provided in this chapter. 15 (v) Violating any provision of this chapter or chapter 16 456, or any rules adopted pursuant thereto. 17 (2) The board may enter an order denying licensure or 18 imposing any of the penalties in s. 456.072(2) against any 19 applicant for licensure or licensee who is found guilty of 20 violating any provision of subsection (1) of this section or 21 who is found guilty of violating any provision of s. 22 456.072(1). When the board finds any person guilty of any of 23 the grounds set forth in subsection (1), including conduct 24 that would constitute a substantial violation of subsection 25 (1) which occurred prior to licensure, it may enter an order 26 imposing one or more of the following penalties: 27 (a) Deny the application for licensure. 28 (b) Revoke or suspend the license. 29 (c) Impose an administrative fine not to exceed $5,000 30 for each count or separate offense. 31 (d) Place the licensee on probation for a specified 123 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 time and subject the licensee to such conditions as the board 2 determines necessary, including, but not limited to, requiring 3 treatment, continuing education courses, reexamination, or 4 working under the supervision of another licensee. 5 (e) Issue a reprimand to the licensee. 6 (f) Restriction of a licensee's practice. 7 Section 44. Subsections (1) and (2) of section 8 480.046, Florida Statutes, are amended to read: 9 480.046 Grounds for disciplinary action by the 10 board.-- 11 (1) The following acts shall constitute grounds for 12 denial of a license or disciplinary action, as specified in s. 13 456.072(2) which disciplinary actions specified in subsection 14 (2) may be taken against a massage therapist or massage 15 establishment licensed under this act: 16 (a) Attempting to procure a license to practice 17 massage by bribery or fraudulent misrepresentation. 18 (b) Having a license to practice massage revoked, 19 suspended, or otherwise acted against, including the denial of 20 licensure, by the licensing authority of another state, 21 territory, or country. 22 (c) Being convicted or found guilty, regardless of 23 adjudication, of a crime in any jurisdiction which directly 24 relates to the practice of massage or to the ability to 25 practice massage. Any plea of nolo contendere shall be 26 considered a conviction for purposes of this chapter. 27 (d) False, deceptive, or misleading advertising. 28 (e) Aiding, assisting, procuring, or advising any 29 unlicensed person to practice massage contrary to the 30 provisions of this chapter or to a rule of the department or 31 the board. 124 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (f) Making deceptive, untrue, or fraudulent 2 representations in the practice of massage. 3 (g) Being unable to practice massage with reasonable 4 skill and safety 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. In enforcing 7 this paragraph, the department shall have, upon probable 8 cause, authority to compel a massage therapist to submit to a 9 mental or physical examination by physicians designated by the 10 department. Failure of a massage therapist to submit to such 11 examination when so directed, unless the failure was due to 12 circumstances beyond her or his control, shall constitute an 13 admission of the allegations against her or him, consequent 14 upon which a default and final order may be entered without 15 the taking of testimony or presentation of evidence. A 16 massage therapist 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 massage 19 with reasonable skill and safety to clients. 20 (h) Gross or repeated malpractice or the failure to 21 practice massage with that level of care, skill, and treatment 22 which is recognized by a reasonably prudent massage therapist 23 as being acceptable under similar conditions and 24 circumstances. 25 (i) Practicing or offering to practice beyond the 26 scope permitted by law or accepting and performing 27 professional responsibilities which the licensee knows or has 28 reason to know that she or he is not competent to perform. 29 (j) Delegating professional responsibilities to a 30 person when the licensee delegating such responsibilities 31 knows or has reason to know that such person is not qualified 125 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 by training, experience, or licensure to perform. 2 (k) Violating any provision of this chapter, a rule of 3 the board or department, or a lawful order of the board or 4 department previously entered in a disciplinary hearing, or 5 failing to comply with a lawfully issued subpoena of the 6 department. 7 (l) Refusing to permit the department to inspect the 8 business premises of the licensee during regular business 9 hours. 10 (m) Failing to keep the equipment and premises of the 11 massage establishment in a clean and sanitary condition. 12 (n) Practicing massage at a site, location, or place 13 which is not duly licensed as a massage establishment, except 14 that a massage therapist, as provided by rules adopted by the 15 board, may provide massage services, excluding colonic 16 irrigation, at the residence of a client, at the office of the 17 client, at a sports event, at a convention, or at a trade 18 show. 19 (o) Violating any provision of this chapter or chapter 20 456, 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), it may enter an order 28 imposing one or more of the following penalties: 29 (a) Refusal to license an applicant. 30 (b) Revocation or suspension of a license. 31 (c) Issuance of a reprimand or censure. 126 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (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 Section 45. Section 483.825, Florida Statutes, is 4 amended to read: 5 483.825 Grounds for disciplinary action.-- 6 (1) The following acts constitute grounds for denial 7 of a license or disciplinary action, as specified in s. 8 456.072(2) which disciplinary actions specified in s. 483.827 9 may be taken against applicants, registrants, and licensees 10 under this part: 11 (a)(1) Attempting to obtain, obtaining, or renewing a 12 license or registration under this part by bribery, by 13 fraudulent misrepresentation, or through an error of the 14 department or the board. 15 (b)(2) Engaging in or attempting to engage in, or 16 representing herself or himself as entitled to perform, any 17 clinical laboratory procedure or category of procedures not 18 authorized pursuant to her or his license. 19 (c)(3) Demonstrating incompetence or making consistent 20 errors in the performance of clinical laboratory examinations 21 or procedures or erroneous reporting. 22 (d)(4) Performing a test and rendering a report 23 thereon to a person not authorized by law to receive such 24 services. 25 (e)(5) Has been convicted or found guilty of, or 26 entered a plea of nolo contendere to, regardless of 27 adjudication, a crime in any jurisdiction which directly 28 relates to the activities of clinical laboratory personnel or 29 involves moral turpitude or fraudulent or dishonest dealing. 30 The record of a conviction certified or authenticated in such 31 form as to be admissible in evidence under the laws of the 127 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 state shall be admissible as prima facie evidence of such 2 guilt. 3 (f)(6) Having been adjudged mentally or physically 4 incompetent. 5 (g)(7) Violating or Aiding and abetting in the 6 violation of any provision of this part or the rules adopted 7 hereunder. 8 (h)(8) Reporting a test result when no laboratory test 9 was performed on a clinical specimen. 10 (i)(9) Knowingly advertising false services or 11 credentials. 12 (j)(10) Having a license revoked, suspended, or 13 otherwise acted against, including the denial of licensure, by 14 the licensing authority of another jurisdiction. The licensing 15 authority's acceptance of a relinquishment of a license, 16 stipulation, consent order, or other settlement, offered in 17 response to or in anticipation of the filing of administrative 18 charges against the licensee, shall be construed as action 19 against the licensee. 20 (k)(11) Failing to report to the board, in writing, 21 within 30 days that an action under subsection (5), subsection 22 (6), or subsection (10) has been taken against the licensee or 23 one's license to practice as clinical laboratory personnel in 24 another state, territory, country, or other jurisdiction. 25 (l)(12) Being unable to perform or report clinical 26 laboratory examinations with reasonable skill and safety to 27 patients by reason of illness or use of alcohol, drugs, 28 narcotics, chemicals, or any other type of material or as a 29 result of any mental or physical condition. In enforcing this 30 subsection, the department shall have, upon a finding of the 31 secretary or his or her designee that probable cause exists to 128 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 believe that the licensee is unable to practice because of the 2 reasons stated in this subsection, the authority to issue an 3 order to compel a licensee to submit to a mental or physical 4 examination by physicians designated by the department. If 5 the licensee refuses to comply with such order, the 6 department's order directing such examination may be enforced 7 by filing a petition for enforcement in the circuit court 8 where the licensee resides or does business. The department 9 shall be entitled to the summary procedure provided in s. 10 51.011. A licensee affected under this subsection shall at 11 reasonable intervals be afforded an opportunity to demonstrate 12 that he or she can resume competent practice with reasonable 13 skill and safety to patients. 14 (m)(13) 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 17 qualified by training, experience, or licensure to perform 18 them. 19 (n)(14) Violating a previous order of the board 20 entered in a disciplinary proceeding. 21 (o)(15) Failing to report to the department a person 22 or other licensee who the licensee knows is in violation of 23 this chapter or the rules of the department or board adopted 24 hereunder. 25 (p)(16) Making or filing a report which the licensee 26 knows to be false, intentionally or negligently failing to 27 file a report or record required by state or federal law, 28 willfully impeding or obstructing such filing or inducing 29 another person to do so, including, but not limited to, 30 impeding an agent of the state from obtaining a report or 31 record for investigative purposes. Such reports or records 129 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 shall include only those generated in the capacity as a 2 licensed clinical laboratory personnel. 3 (q)(17) Paying or receiving any commission, bonus, 4 kickback, or rebate, or engaging in any split-fee arrangement 5 in any form whatsoever with a physician, organization, agency, 6 or person, either directly or indirectly for patients referred 7 to providers of health care goods and services including, but 8 not limited to, hospitals, nursing homes, clinical 9 laboratories, ambulatory surgical centers, or pharmacies. The 10 provisions of this subsection shall not be construed to 11 prevent a clinical laboratory professional from receiving a 12 fee for professional consultation services. 13 (r)(18) Exercising influence on a patient or client in 14 such a manner as to exploit the patient or client for the 15 financial gain of the licensee or other third party, which 16 shall include, but not be limited to, the promoting, selling, 17 or withholding of services, goods, appliances, referrals, or 18 drugs. 19 (s)(19) Practicing or offering to practice beyond the 20 scope permitted by law or rule, or accepting or performing 21 professional services or responsibilities which the licensee 22 knows or has reason to know that he or she is not competent to 23 perform. 24 (t)(20) Misrepresenting or concealing a material fact 25 at any time during any phase of the licensing, investigative, 26 or disciplinary process, procedure, or proceeding. 27 (u)(21) Improperly interfering with an investigation 28 or any disciplinary proceeding. 29 (v)(22) Engaging in or attempting to engage in sexual 30 misconduct, causing undue embarrassment or using disparaging 31 language or language of a sexual nature towards a patient, 130 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 exploiting superior/subordinate, professional/patient, 2 instructor/student relationships for personal gain, sexual 3 gratification, or advantage. 4 (w) 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). 12 (3) In determining the amount of the fine to be levied 13 for a violation, as provided in subsection (1), the following 14 factors shall be considered: 15 (a) The severity of the violation, including the 16 probability that death or serious harm to the health or safety 17 of any person will result or has resulted, the severity of the 18 actual or potential harm, and the extent to which the 19 provisions of this part were violated. 20 (b) Actions taken by the licensee to correct the 21 violation or to remedy complaints. 22 (c) Any previous violation by the licensee. 23 (d) The financial benefit to the licensee of 24 committing or continuing the violation. 25 Section 46. Section 483.827, Florida Statutes, is 26 repealed. 27 Section 47. Subsection (6) of section 483.901, Florida 28 Statutes, is amended to read: 29 483.901 Medical physicists; definitions; licensure.-- 30 (6) LICENSE REQUIRED.--An individual may not engage in 31 the practice of medical physics, including the specialties of 131 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 diagnostic radiological physics, therapeutic radiological 2 physics, medical nuclear radiological physics, or medical 3 health physics, without a license issued by the department for 4 the appropriate specialty. 5 (a) The department shall adopt rules to administer 6 this section which specify license application and renewal 7 fees, continuing education requirements, and standards for 8 practicing medical physics. The council shall recommend to 9 the department continuing education requirements that shall be 10 a condition of license renewal. The department shall require 11 a minimum of 24 hours per biennium of continuing education 12 offered by an organization recommended by the council and 13 approved by the department. The department, upon 14 recommendation of the council, may adopt rules to specify 15 continuing education requirements for persons who hold a 16 license in more than one specialty. 17 (b) In order to apply for a medical physicist license 18 in one or more specialties, a person must file an individual 19 application for each specialty with the department. The 20 application must be on a form prescribed by the department and 21 must be accompanied by a nonrefundable application fee for 22 each specialty. 23 (c) The department may issue a license to an eligible 24 applicant if the applicant meets all license requirements. At 25 any time before the department issues a license, the applicant 26 may request in writing that the application be withdrawn. To 27 reapply, the applicant must submit a new application and an 28 additional nonrefundable application fee and must meet all 29 current licensure requirements. 30 (d) The department shall review each completed 31 application for a license which the department receives. 132 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (e) On receipt of an application and fee as specified 2 in this section, the department may issue a license to 3 practice medical physics in this state on or after October 1, 4 1997, to a person who is board certified in the medical 5 physics specialty in which the applicant applies to practice 6 by the American Board of Radiology for diagnostic radiological 7 physics, therapeutic radiological physics, or medical nuclear 8 radiological physics; by the American Board of Medical Physics 9 for diagnostic radiological physics, therapeutic radiological 10 physics, or medical nuclear radiological physics; or by the 11 American Board of Health Physics or an equivalent certifying 12 body approved by the department. 13 (f) A licensee shall: 14 1. Display the license in a place accessible to the 15 public; and 16 2. Report immediately any change in the licensee's 17 address or name to the department. 18 (g) The following acts constitute are grounds for 19 denial of a license or disciplinary action, as specified in s. 20 456.072(2) which the disciplinary actions in paragraph (h) may 21 be taken: 22 1. Obtaining or attempting to obtain a license by 23 bribery, fraud, knowing misrepresentation, or concealment of 24 material fact or through an error of the department. 25 2. Having a license denied, revoked, suspended, or 26 otherwise acted against in another jurisdiction. 27 3. Being convicted or found guilty of, or entering a 28 plea of nolo contendere to, regardless of adjudication, a 29 crime in any jurisdiction which relates to the practice of, or 30 the ability to practice, the profession of medical physics. 31 4. Willfully failing to file a report or record 133 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 required for medical physics or willfully impeding or 2 obstructing the filing of a report or record required by this 3 section or inducing another person to do so. 4 5. Making misleading, deceptive, or fraudulent 5 representations in or related to the practice of medical 6 physics. 7 6. Willfully failing to report any known violation of 8 this section or any rule adopted thereunder. 9 7. Willfully or repeatedly violating a rule adopted 10 under this section or an order of the department. 11 7.8. Failing to perform any statutory or legal 12 obligation placed upon a licensee. 13 8.9. Aiding, assisting, procuring, employing, or 14 advising any unlicensed person to practice medical physics 15 contrary to this section or any rule adopted thereunder. 16 9.10. Delegating or contracting for the performance of 17 professional responsibilities by a person when the licensee 18 delegating or contracting such responsibilities knows, or has 19 reason to know, such person is not qualified by training, 20 experience, and authorization to perform them. 21 10.11. Practicing or offering to practice beyond the 22 scope permitted by law or accepting and performing 23 professional responsibilities the licensee knows, or has 24 reason to know, the licensee is not competent to perform. 25 11.12. Gross or repeated malpractice or the inability 26 to practice medical physics with reasonable skill and safety. 27 12.13. Judicially determined mental incompetency. 28 13.14. Being unable to practice medical physics with 29 reasonable skill and safety because of a mental or physical 30 condition or illness or the use of alcohol, controlled 31 substances, or any other substance which impairs one's ability 134 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 to practice. 2 a. The department may, upon probable cause, compel a 3 licensee to submit to a mental or physical examination by 4 physicians designated by the department. The cost of an 5 examination shall be borne by the licensee, and the licensee's 6 failure to submit to such an examination constitutes an 7 admission of the allegations against the licensee, consequent 8 upon which a default and a final order may be entered without 9 the taking of testimony or presentation of evidence, unless 10 the failure was due to circumstances beyond the licensee's 11 control. 12 b. A licensee who is disciplined under this 13 subparagraph shall, at reasonable intervals, be afforded an 14 opportunity to demonstrate that the licensee can resume the 15 practice of medical physics with reasonable skill and safety. 16 c. With respect to any proceeding under this 17 subparagraph, the record of proceedings or the orders entered 18 by the department may not be used against a licensee in any 19 other proceeding. 20 14. Violating any provision of this chapter or chapter 21 456, or any rules adopted pursuant thereto. 22 (h) The board may enter an order denying licensure or 23 imposing any of the penalties in s. 456.072(2) against any 24 applicant for licensure or licensee who is found guilty of 25 violating any provision of subsection (1) of this section or 26 who is found guilty of violating any provision of s. 27 456.072(1). When the department finds any person guilty of any 28 of the grounds set forth in paragraph (g), including conduct 29 that would constitute a substantial violation of paragraph (g) 30 which occurred prior to licensure, it may enter an order 31 imposing one or more of the following penalties: 135 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 1. Deny the application for licensure. 2 2. Revoke or suspend the license. 3 3. Impose an administrative fine for each count or 4 separate offense. 5 4. Place the licensee on probation for a specified 6 time and subject the licensee to such conditions as the 7 department determines necessary, including requiring 8 treatment, continuing education courses, or working under the 9 monitoring or supervision of another licensee. 10 5. Restrict a licensee's practice. 11 6. Issue a reprimand to the licensee. 12 (i) The department may not issue or reinstate a 13 license to a person it has deemed unqualified until it is 14 satisfied that such person has complied with the terms and 15 conditions of the final order and that the licensee can safely 16 practice medical physics. 17 (j) Upon receipt of a complete application and the fee 18 set forth by rule, the department may issue a 19 physicist-in-training certificate to a person qualified to 20 practice medical physics under direct supervision. The 21 department may establish by rule requirements for initial 22 certification and renewal of a physicist-in-training 23 certificate. 24 Section 48. Subsections (1) and (2) of section 25 484.014, Florida Statutes, are amended to read: 26 484.014 Disciplinary actions.-- 27 (1) The following acts constitute relating to the 28 practice of opticianry shall be grounds for denial of a 29 license or disciplinary action, as specified in s. 456.072(2) 30 both disciplinary action against an optician as set forth in 31 this section and cease and desist or other related action by 136 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the department as set forth in s. 456.065 against any person 2 operating an optical establishment who engages in, aids, or 3 abets any such violation: 4 (a) Procuring or attempting to procure a license by 5 misrepresentation, bribery, or fraud or through an error of 6 the department or the board. 7 (b) Procuring or attempting to procure a license for 8 any other person by making or causing to be made any false 9 representation. 10 (c) Making or filing a report or record which the 11 licensee knows to be false, intentionally or negligently 12 failing to file a report or record required by federal or 13 state law, willfully impeding or obstructing such filing, or 14 inducing another person to do so. Such reports or records 15 shall include only those which the person is required to make 16 or file as an optician. 17 (d) Failing to make fee or price information readily 18 available by providing such information upon request or upon 19 the presentation of a prescription. 20 (e) Advertising goods or services in a manner which is 21 fraudulent, false, deceptive, or misleading in form or 22 content. 23 (f) Fraud or deceit, or negligence, incompetency, or 24 misconduct, in the authorized practice of opticianry. 25 (g) Violation or repeated violation of this part or of 26 chapter 456 or any rules promulgated pursuant thereto. 27 (g)(h) Practicing with a revoked, suspended, inactive, 28 or delinquent license. 29 (h)(i) Violation of a lawful order of the board or 30 department previously entered in a disciplinary hearing or 31 failing to comply with a lawfully issued subpoena of the 137 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 department. 2 (i)(j) Violation of any provision of s. 484.012. 3 (j)(k) Conspiring with another licensee or with any 4 person to commit an act, or committing an act, which would 5 coerce, intimidate, or preclude another licensee from lawfully 6 advertising her or his services. 7 (k)(l) Willfully submitting to any third-party payor a 8 claim for services which were not provided to a patient. 9 (l)(m) Failing to keep written prescription files. 10 (m)(n) Willfully failing to report any person who the 11 licensee knows is in violation of this part or of rules of the 12 department or the board. 13 (n)(o) Exercising influence on a client in such a 14 manner as to exploit the client for financial gain of the 15 licensee or of a third party. 16 (o)(p) Gross or repeated malpractice. 17 (p)(q) Permitting any person not licensed as an 18 optician in this state to fit or dispense any lenses, 19 spectacles, eyeglasses, or other optical devices which are 20 part of the practice of opticianry. 21 (q)(r) Being convicted or found guilty of, or entering 22 a plea of nolo contendere to, regardless of adjudication, in a 23 court of this state or other jurisdiction, a crime which 24 relates to the ability to practice opticianry or to the 25 practice of opticianry. 26 (r)(s) Having been disciplined by a regulatory agency 27 in another state for any offense that would constitute a 28 violation of Florida law or rules regulating opticianry. 29 (s)(t) Being unable to practice opticianry with 30 reasonable skill and safety by reason of illness or use of 31 drugs, narcotics, chemicals, or any other type of material or 138 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 as a result of any mental or physical condition. An optician 2 affected under this paragraph shall at reasonable intervals be 3 afforded an opportunity to demonstrate that she or he can 4 resume the competent practice of opticianry with reasonable 5 skill and safety to her or his customers. 6 (t) Violating any provision of this chapter or chapter 7 456, 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) Imposition of an administrative fine not to exceed 20 $1,000 for each count or separate offense. 21 (d) Issuance of a reprimand. 22 (e) Placement of the optician on probation for a 23 period of time and subject to such conditions as the board may 24 specify, including requiring the optician to submit to 25 treatment or to work under the supervision of another 26 optician. 27 Section 49. Subsections (1) and (2) of section 28 484.056, Florida Statutes, are amended to read: 29 484.056 Disciplinary proceedings.-- 30 (1) The following acts constitute relating to the 31 practice of dispensing hearing aids shall be grounds for 139 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 denial of a license or disciplinary action, as specified in s. 2 456.072(2) both disciplinary action against a hearing aid 3 specialist as set forth in this section and cease and desist 4 or other related action by the department as set forth in s. 5 456.065 against any person owning or operating a hearing aid 6 establishment who engages in, aids, or abets any such 7 violation: 8 (a) Violation of any provision of s. 456.072(1), s. 9 484.0512, or s. 484.053. 10 (b) Attempting to procure a license to dispense 11 hearing aids by bribery, by fraudulent misrepresentations, or 12 through an error of the department or the board. 13 (c) Having a license to dispense hearing aids revoked, 14 suspended, or otherwise acted against, including the denial of 15 licensure, by the licensing authority of another state, 16 territory, or country. 17 (d) Being convicted or found guilty of, or entering a 18 plea of nolo contendere to, regardless of adjudication, a 19 crime in any jurisdiction which directly relates to the 20 practice of dispensing hearing aids or the ability to practice 21 dispensing hearing aids, including violations of any federal 22 laws or regulations regarding hearing aids. 23 (e) Making or filing a report or record which the 24 licensee knows to be false, intentionally or negligently 25 failing to file a report or record required by state or 26 federal law, willfully impeding or obstructing such filing, or 27 inducing another person to impede or obstruct such filing. 28 Such reports or records shall include only those reports or 29 records which are signed in one's capacity as a licensed 30 hearing aid specialist. 31 (f) Advertising goods or services in a manner which is 140 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 fraudulent, false, deceptive, or misleading in form or 2 content. 3 (g) Proof that the licensee is guilty of fraud or 4 deceit or of negligence, incompetency, or misconduct in the 5 practice of dispensing hearing aids. 6 (h) Violation or repeated violation of this part or of 7 chapter 456, or any rules promulgated pursuant thereto. 8 (h)(i) Violation of a lawful order of the board or 9 department previously entered in a disciplinary hearing or 10 failure to comply with a lawfully issued subpoena of the board 11 or department. 12 (i)(j) Practicing with a revoked, suspended, inactive, 13 or delinquent license. 14 (j)(k) Using, or causing or promoting the use of, any 15 advertising matter, promotional literature, testimonial, 16 guarantee, warranty, label, brand, insignia, or other 17 representation, however disseminated or published, which is 18 misleading, deceiving, or untruthful. 19 (k)(l) Showing or demonstrating, or, in the event of 20 sale, delivery of, a product unusable or impractical for the 21 purpose represented or implied by such action. 22 (l)(m) Misrepresentation of professional services 23 available in the fitting, sale, adjustment, service, or repair 24 of a hearing aid, or use of the terms "doctor," "clinic," 25 "clinical," "medical audiologist," "clinical audiologist," 26 "research audiologist," or "audiologic" or any other term or 27 title which might connote the availability of professional 28 services when such use is not accurate. 29 (m)(n) Representation, advertisement, or implication 30 that a hearing aid or its repair is guaranteed without 31 providing full disclosure of the identity of the guarantor; 141 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the nature, extent, and duration of the guarantee; and the 2 existence of conditions or limitations imposed upon the 3 guarantee. 4 (n)(o) Representing, directly or by implication, that 5 a hearing aid utilizing bone conduction has certain specified 6 features, such as the absence of anything in the ear or 7 leading to the ear, or the like, without disclosing clearly 8 and conspicuously that the instrument operates on the bone 9 conduction principle and that in many cases of hearing loss 10 this type of instrument may not be suitable. 11 (o)(p) Making any predictions or prognostications as 12 to the future course of a hearing impairment, either in 13 general terms or with reference to an individual person. 14 (p)(q) Stating or implying that the use of any hearing 15 aid will improve or preserve hearing or prevent or retard the 16 progression of a hearing impairment or that it will have any 17 similar or opposite effect. 18 (q)(r) Making any statement regarding the cure of the 19 cause of a hearing impairment by the use of a hearing aid. 20 (r)(s) Representing or implying that a hearing aid is 21 or will be "custom-made," "made to order," or 22 "prescription-made" or in any other sense specially fabricated 23 for an individual person when such is not the case. 24 (s)(t) Canvassing from house to house or by telephone 25 either in person or by an agent for the purpose of selling a 26 hearing aid, except that contacting persons who have evidenced 27 an interest in hearing aids, or have been referred as in need 28 of hearing aids, shall not be considered canvassing. 29 (t)(u) Failure to submit to the board on an annual 30 basis, or such other basis as may be provided by rule, 31 certification of testing and calibration of audiometric 142 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 testing equipment on the form approved by the board. 2 (u)(v) Failing to provide all information as described 3 in s. 484.051(1). 4 (v)(w) Exercising influence on a client in such a 5 manner as to exploit the client for financial gain of the 6 licensee or of a third party. 7 (w) Violating any provision of this chapter or chapter 8 456, or any rules adopted pursuant thereto. 9 (2)(a) The board may enter an order denying licensure 10 or 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). Except as provided in paragraph (b), when the 15 board finds any hearing aid specialist to be guilty of any of 16 the grounds set forth in subsection (1), it may enter an order 17 imposing one or more of the following penalties: 18 1. Denial of an application for licensure. 19 2. Revocation or suspension of a license. 20 3. Imposition of an administrative fine not to exceed 21 $1,000 for each count or separate offense. 22 4. Issuance of a reprimand. 23 5. Placing the hearing aid specialist on probation for 24 a period of time and subject to such conditions as the board 25 may specify, including requiring the hearing aid specialist to 26 attend continuing education courses or to work under the 27 supervision of another hearing aid specialist. 28 6. Restricting the authorized scope of practice. 29 (b) The board shall revoke the license of any hearing 30 aid specialist found guilty of canvassing as described in this 31 section. 143 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 Section 50. Subsections (1) and (2) of section 2 486.125, Florida Statutes, are amended to read: 3 486.125 Refusal, revocation, or suspension of license; 4 administrative fines and other disciplinary measures.-- 5 (1) The following acts shall constitute grounds for 6 denial of a license or disciplinary action, as specified in s. 7 456.072(2) which the disciplinary actions specified in 8 subsection (2) may be taken: 9 (a) Being unable to practice physical therapy with 10 reasonable skill and safety to patients by reason of illness 11 or use of alcohol, drugs, narcotics, chemicals, or any other 12 type of material or as a result of any mental or physical 13 condition. 14 1. In enforcing this paragraph, upon a finding of the 15 secretary or the secretary's designee that probable cause 16 exists to believe that the licensee is unable to practice 17 physical therapy due to the reasons stated in this paragraph, 18 the department shall have the authority to compel a physical 19 therapist or physical therapist assistant to submit to a 20 mental or physical examination by a physician designated by 21 the 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 serves as a 25 physical therapy practitioner. The licensee against whom the 26 petition is filed shall not be named or identified by initials 27 in any public court records or documents, and the proceedings 28 shall be closed to the public. The department shall be 29 entitled to the summary procedure provided in s. 51.011. 30 2. A physical therapist or physical therapist 31 assistant whose license is suspended or revoked pursuant to 144 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 this subsection shall, at reasonable intervals, be given an 2 opportunity to demonstrate that she or he can resume the 3 competent practice of physical therapy with reasonable skill 4 and safety to patients. 5 3. Neither the record of proceeding nor the orders 6 entered by the board in any proceeding under this subsection 7 may be used against a physical therapist or physical therapist 8 assistant in any other proceeding. 9 (b) Having committed fraud in the practice of physical 10 therapy or deceit in obtaining a license as a physical 11 therapist or as a physical therapist assistant. 12 (c) Being convicted or found guilty regardless of 13 adjudication, of a crime in any jurisdiction which directly 14 relates to the practice of physical therapy or to the ability 15 to practice physical therapy. The entry of any plea of nolo 16 contendere shall be considered a conviction for purpose of 17 this chapter. 18 (d) Having treated or undertaken to treat human 19 ailments by means other than by physical therapy, as defined 20 in this chapter. 21 (e) Failing to maintain acceptable standards of 22 physical therapy practice as set forth by the board in rules 23 adopted pursuant to this chapter. 24 (f) Engaging directly or indirectly in the dividing, 25 transferring, assigning, rebating, or refunding of fees 26 received for professional services, or having been found to 27 profit by means of a credit or other valuable consideration, 28 such as an unearned commission, discount, or gratuity, with 29 any person referring a patient or with any relative or 30 business associate of the referring person. Nothing in this 31 chapter shall be construed to prohibit the members of any 145 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 regularly and properly organized business entity which is 2 comprised of physical therapists and which is recognized under 3 the laws of this state from making any division of their total 4 fees among themselves as they determine necessary. 5 (g) Having a license revoked or suspended; having had 6 other disciplinary action taken against her or him; or having 7 had her or his application for a license refused, revoked, or 8 suspended by the licensing authority of another state, 9 territory, or country. 10 (h) Violating any provision of this chapter, a rule of 11 the board or department, or a lawful order of the board or 12 department previously entered in a disciplinary hearing. 13 (i) Making or filing a report or record which the 14 licensee knows to be false. Such reports or records shall 15 include only those which are signed in the capacity of a 16 physical therapist. 17 (j) Practicing or offering to practice beyond the 18 scope permitted by law or accepting and performing 19 professional responsibilities which the licensee knows or has 20 reason to know that she or he is not competent to perform, 21 including, but not limited to, specific spinal manipulation. 22 (k) 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: 146 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (a) Refusal to certify to the department an 2 application for licensure. 3 (b) Revocation or suspension of a license. 4 (c) Restriction of practice. 5 (d) Imposition of an administrative fine not to exceed 6 $1,000 for each count or separate offense. 7 (e) Issuance of a reprimand. 8 (f) Placement of the physical therapist or physical 9 therapist assistant on probation for a period of time and 10 subject to such conditions as the board may specify, 11 including, but not limited to, requiring the physical 12 therapist or physical therapist assistant to submit to 13 treatment, to attend continuing education courses, to submit 14 to reexamination, or to work under the supervision of another 15 physical therapist. 16 (g) Recovery of actual costs of investigation and 17 prosecution. 18 Section 51. Section 490.009, Florida Statutes, is 19 amended to read: 20 490.009 Discipline.-- 21 (1) When the department or, in the case of 22 psychologists, the board finds that an applicant, provisional 23 licensee, or licensee whom it regulates under this chapter has 24 committed any of the acts set forth in subsection (2), it may 25 issue an order imposing one or more of the following 26 penalties: 27 (a) Denial of an application for licensure, either 28 temporarily or permanently. 29 (b) Revocation of an application for licensure, either 30 temporarily or permanently. 31 (c) Suspension for a period of up to 5 years or 147 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 revocation of a license, after hearing. 2 (d) Immediate suspension of a license pursuant to s. 3 120.60(6). 4 (e) Imposition of an administrative fine not to exceed 5 $5,000 for each count or separate offense. 6 (f) Issuance of a public reprimand. 7 (g) Placement of an applicant or licensee on probation 8 for a period of time and subject to conditions specified by 9 the department or, in the case of psychologists, by the board, 10 including, but not limited to, requiring the applicant or 11 licensee to submit to treatment, to attend continuing 12 education courses, to submit to reexamination, or to work 13 under the supervision of a designated licensee. 14 (h) Restriction of practice. 15 (1)(2) The following acts constitute of a licensee, 16 provisional licensee, or applicant are grounds for denial of a 17 license or disciplinary action, as specified in s. 456.072(2) 18 which the disciplinary actions listed in subsection (1) may be 19 taken: 20 (a) Attempting to obtain, obtaining, or renewing a 21 license under this chapter by bribery or fraudulent 22 misrepresentation or through an error of the board or 23 department. 24 (b) Having a license to practice a comparable 25 profession revoked, suspended, or otherwise acted against, 26 including the denial of certification or licensure by another 27 state, territory, or country. 28 (c) Being convicted or found guilty, regardless of 29 adjudication, of a crime in any jurisdiction which directly 30 relates to the practice of his or her profession or the 31 ability to practice his or her profession. A plea of nolo 148 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 contendere creates a rebuttable presumption of guilt of the 2 underlying criminal charges. However, the board shall allow 3 the person who is the subject of the disciplinary proceeding 4 to present any evidence relevant to the underlying charges and 5 circumstances surrounding the plea. 6 (d) False, deceptive, or misleading advertising or 7 obtaining a fee or other thing of value on the representation 8 that beneficial results from any treatment will be guaranteed. 9 (e) Advertising, practicing, or attempting to practice 10 under a name other than one's own. 11 (f) Maintaining a professional association with any 12 person who the applicant or licensee knows, or has reason to 13 believe, is in violation of this chapter or of a rule of the 14 department or, in the case of psychologists, of the department 15 or the board. 16 (g) Knowingly aiding, assisting, procuring, or 17 advising any nonlicensed person to hold himself or herself out 18 as licensed under this chapter. 19 (h) Failing to perform any statutory or legal 20 obligation placed upon a person licensed under this chapter. 21 (i) Willfully making or filing a false report or 22 record; failing to file a report or record required by state 23 or federal law; willfully impeding or obstructing the filing 24 of a report or record; or inducing another person to make or 25 file a false report or record or to impede or obstruct the 26 filing of a report or record. Such report or record includes 27 only a report or record which requires the signature of a 28 person licensed under this chapter. 29 (j) Paying a kickback, rebate, bonus, or other 30 remuneration for receiving a patient or client, or receiving a 31 kickback, rebate, bonus, or other remuneration for referring a 149 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 patient or client to another provider of mental health care 2 services or to a provider of health care services or goods; 3 referring a patient or client to oneself for services on a 4 fee-paid basis when those services are already being paid for 5 by some other public or private entity; or entering into a 6 reciprocal referral agreement. 7 (k) Committing any act upon a patient or client which 8 would constitute sexual battery or which would constitute 9 sexual misconduct as defined in s. 490.0111. 10 (l) Making misleading, deceptive, untrue, or 11 fraudulent representations in the practice of any profession 12 licensed under this chapter. 13 (m) Soliciting patients or clients personally, or 14 through an agent, through the use of fraud, intimidation, 15 undue influence, or a form of overreaching or vexatious 16 conduct. 17 (n) Failing to make available to a patient or client, 18 upon written request, copies of test results, reports, or 19 documents in the possession or under the control of the 20 licensee which have been prepared for and paid for by the 21 patient or client. 22 (o) Failing to respond within 30 days to a written 23 communication from the department concerning any investigation 24 by the department or to make available any relevant records 25 with respect to any investigation about the licensee's conduct 26 or background. 27 (p) Being unable to practice the profession for which 28 he or she is licensed under this chapter with reasonable skill 29 or competence as a result of any mental or physical condition 30 or by reason of illness; drunkenness; or excessive use of 31 drugs, narcotics, chemicals, or any other substance. In 150 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 enforcing this paragraph, upon a finding by the secretary, the 2 secretary's designee, or the board that probable cause exists 3 to believe that the licensee is unable to practice the 4 profession because of the reasons stated in this paragraph, 5 the department shall have the authority to compel a licensee 6 to submit to a mental or physical examination by psychologists 7 or physicians designated by the department or board. If the 8 licensee refuses to comply with the department's order, the 9 department may file a petition for enforcement in the circuit 10 court of the circuit in which the licensee resides or does 11 business. The licensee shall not be named or identified by 12 initials in the petition or in any other public court records 13 or documents, and the enforcement proceedings shall be closed 14 to the public. The department shall be entitled to the 15 summary procedure provided in s. 51.011. A licensee affected 16 under this paragraph shall be afforded an opportunity at 17 reasonable intervals to demonstrate that he or she can resume 18 the competent practice for which he or she is licensed with 19 reasonable skill and safety to patients. 20 (q) Violating provisions of this chapter, or of 21 chapter 456, or any rules adopted pursuant thereto. 22 (q)(r) Performing any treatment or prescribing any 23 therapy which, by the prevailing standards of the mental 24 health professions in the community, would constitute 25 experimentation on human subjects, without first obtaining 26 full, informed, and written consent. 27 (r)(s) Failing to meet the minimum standards of 28 performance in professional activities when measured against 29 generally prevailing peer performance, including the 30 undertaking of activities for which the licensee is not 31 qualified by training or experience. 151 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (s)(t) Delegating professional responsibilities to a 2 person whom the licensee knows or has reason to know is not 3 qualified by training or experience to perform such 4 responsibilities. 5 (t)(u) Violating a rule relating to the regulation of 6 the profession or a lawful order of the department previously 7 entered in a disciplinary hearing. 8 (u)(v) Failing to maintain in confidence a 9 communication made by a patient or client in the context of 10 such services, except as provided in s. 490.0147. 11 (v)(w) Making public statements which are derived from 12 test data, client contacts, or behavioral research and which 13 identify or damage research subjects or clients. 14 (w) Violating any provision of this chapter or chapter 15 456, or any rules adopted pursuant thereto. 16 (2) The department, or in the case of psychologists, 17 the board, may enter an order denying licensure or imposing 18 any of the penalties in s. 456.072(2) against any applicant 19 for licensure or licensee who is found guilty of violating any 20 provision of subsection (1) of this section or who is found 21 guilty of violating any provision of s. 456.072(1). 22 Section 52. Section 491.009, Florida Statutes, is 23 amended to read: 24 491.009 Discipline.-- 25 (1) When the department or the board finds that an 26 applicant, licensee, provisional licensee, registered intern, 27 or certificateholder whom it regulates under this chapter has 28 committed any of the acts set forth in subsection (2), it may 29 issue an order imposing one or more of the following 30 penalties: 31 (a) Denial of an application for licensure, 152 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 registration, or certification, either temporarily or 2 permanently. 3 (b) Revocation of an application for licensure, 4 registration, or certification, either temporarily or 5 permanently. 6 (c) Suspension for a period of up to 5 years or 7 revocation of a license, registration, or certificate, after 8 hearing. 9 (d) Immediate suspension of a license, registration, 10 or certificate pursuant to s. 120.60(6). 11 (e) Imposition of an administrative fine not to exceed 12 $1,000 for each count or separate offense. 13 (f) Issuance of a public reprimand. 14 (g) Placement of an applicant, licensee, registered 15 intern, or certificateholder on probation for a period of time 16 and subject to such conditions as the board may specify, 17 including, but not limited to, requiring the applicant, 18 licensee, registered intern, or certificateholder to submit to 19 treatment, to attend continuing education courses, to submit 20 to reexamination, or to work under the supervision of a 21 designated licensee or certificateholder. 22 (h) Restriction of practice. 23 (1)(2) The following acts constitute of a licensee, 24 provisional licensee, registered intern, certificateholder, or 25 applicant are grounds for denial of a license or disciplinary 26 action, as specified in s. 456.072(2) which the disciplinary 27 actions listed in subsection (1) may be taken: 28 (a) Attempting to obtain, obtaining, or renewing a 29 license, registration, or certificate under this chapter by 30 bribery or fraudulent misrepresentation or through an error of 31 the board or the department. 153 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (b) Having a license, registration, or certificate to 2 practice a comparable profession revoked, suspended, or 3 otherwise acted against, including the denial of certification 4 or licensure by another state, territory, or country. 5 (c) Being convicted or found guilty of, regardless of 6 adjudication, or having entered a plea of nolo contendere to, 7 a crime in any jurisdiction which directly relates to the 8 practice of his or her profession or the ability to practice 9 his or her profession. However, in the case of a plea of nolo 10 contendere, the board shall allow the person who is the 11 subject of the disciplinary proceeding to present evidence in 12 mitigation relevant to the underlying charges and 13 circumstances surrounding the plea. 14 (d) False, deceptive, or misleading advertising or 15 obtaining a fee or other thing of value on the representation 16 that beneficial results from any treatment will be guaranteed. 17 (e) Advertising, practicing, or attempting to practice 18 under a name other than one's own. 19 (f) Maintaining a professional association with any 20 person who the applicant, licensee, registered intern, or 21 certificateholder knows, or has reason to believe, is in 22 violation of this chapter or of a rule of the department or 23 the board. 24 (g) Knowingly aiding, assisting, procuring, or 25 advising any nonlicensed, nonregistered, or noncertified 26 person to hold himself or herself out as licensed, registered, 27 or certified under this chapter. 28 (h) Failing to perform any statutory or legal 29 obligation placed upon a person licensed, registered, or 30 certified under this chapter. 31 (i) Willfully making or filing a false report or 154 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 record; failing to file a report or record required by state 2 or federal law; willfully impeding or obstructing the filing 3 of a report or record; or inducing another person to make or 4 file a false report or record or to impede or obstruct the 5 filing of a report or record. Such report or record includes 6 only a report or record which requires the signature of a 7 person licensed, registered, or certified under this chapter. 8 (j) Paying a kickback, rebate, bonus, or other 9 remuneration for receiving a patient or client, or receiving a 10 kickback, rebate, bonus, or other remuneration for referring a 11 patient or client to another provider of mental health care 12 services or to a provider of health care services or goods; 13 referring a patient or client to oneself for services on a 14 fee-paid basis when those services are already being paid for 15 by some other public or private entity; or entering into a 16 reciprocal referral agreement. 17 (k) Committing any act upon a patient or client which 18 would constitute sexual battery or which would constitute 19 sexual misconduct as defined pursuant to s. 491.0111. 20 (l) Making misleading, deceptive, untrue, or 21 fraudulent representations in the practice of any profession 22 licensed, registered, or certified under this chapter. 23 (m) Soliciting patients or clients personally, or 24 through an agent, through the use of fraud, intimidation, 25 undue influence, or a form of overreaching or vexatious 26 conduct. 27 (n) Failing to make available to a patient or client, 28 upon written request, copies of tests, reports, or documents 29 in the possession or under the control of the licensee, 30 registered intern, or certificateholder which have been 31 prepared for and paid for by the patient or client. 155 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 (o) Failing to respond within 30 days to a written 2 communication from the department or the board concerning any 3 investigation by the department or the board, or failing to 4 make available any relevant records with respect to any 5 investigation about the licensee's, registered intern's, or 6 certificateholder's conduct or background. 7 (p) Being unable to practice the profession for which 8 he or she is licensed, registered, or certified under this 9 chapter with reasonable skill or competence as a result of any 10 mental or physical condition or by reason of illness; 11 drunkenness; or excessive use of drugs, narcotics, chemicals, 12 or any other substance. In enforcing this paragraph, upon a 13 finding by the secretary, the secretary's designee, or the 14 board that probable cause exists to believe that the licensee, 15 registered intern, or certificateholder is unable to practice 16 the profession because of the reasons stated in this 17 paragraph, the department shall have the authority to compel a 18 licensee, registered intern, or certificateholder to submit to 19 a mental or physical examination by psychologists, physicians, 20 or other licensees under this chapter, designated by the 21 department or board. If the licensee, registered intern, or 22 certificateholder refuses to comply with such order, the 23 department's order directing the examination may be enforced 24 by filing a petition for enforcement in the circuit court in 25 the circuit in which the licensee, registered intern, or 26 certificateholder resides or does business. The licensee, 27 registered intern, or certificateholder against whom the 28 petition is filed shall not be named or identified by initials 29 in any public court records or documents, and the proceedings 30 shall be closed to the public. The department shall be 31 entitled to the summary procedure provided in s. 51.011. A 156 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 licensee, registered intern, or certificateholder affected 2 under this paragraph shall at reasonable intervals be afforded 3 an opportunity to demonstrate that he or she can resume the 4 competent practice for which he or she is licensed, 5 registered, or certified with reasonable skill and safety to 6 patients. 7 (q) Violating provisions of this chapter, or of 8 chapter 456, or any rules adopted pursuant thereto. 9 (q)(r) Performing any treatment or prescribing any 10 therapy which, by the prevailing standards of the mental 11 health professions in the community, would constitute 12 experimentation on human subjects, without first obtaining 13 full, informed, and written consent. 14 (r)(s) Failing to meet the minimum standards of 15 performance in professional activities when measured against 16 generally prevailing peer performance, including the 17 undertaking of activities for which the licensee, registered 18 intern, or certificateholder is not qualified by training or 19 experience. 20 (s)(t) Delegating professional responsibilities to a 21 person whom the licensee, registered intern, or 22 certificateholder knows or has reason to know is not qualified 23 by training or experience to perform such responsibilities. 24 (t)(u) Violating a rule relating to the regulation of 25 the profession or a lawful order of the department or the 26 board previously entered in a disciplinary hearing. 27 (u)(v) Failure of the licensee, registered intern, or 28 certificateholder to maintain in confidence a communication 29 made by a patient or client in the context of such services, 30 except as provided in s. 491.0147. 31 (v)(w) Making public statements which are derived from 157 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 test data, client contacts, or behavioral research and which 2 identify or damage research subjects or clients. 3 (w) Violating any provision of this chapter or chapter 4 456, or any rules adopted pursuant thereto. 5 (2) The department, or in the case of psychologists, 6 the board, may enter an order denying licensure or imposing 7 any of the penalties in s. 456.072(2) against any applicant 8 for licensure or licensee who is found guilty of violating any 9 provision of subsection (1) of this section or who is found 10 guilty of violating any provision of s. 456.072(1). 11 Section 53. Subsection (3) of section 456.065, Florida 12 Statutes, is amended to read: 13 456.065 Unlicensed practice of a health care 14 profession; intent; cease and desist notice; penalties; 15 enforcement; citations; fees; allocation and disposition of 16 moneys collected.-- 17 (3) Because all enforcement costs should be covered by 18 professions regulated by the department, the department shall 19 impose, upon initial licensure and each licensure renewal, a 20 special fee of $5 per licensee to fund efforts to combat 21 unlicensed activity. Such fee shall be in addition to all 22 other fees collected from each licensee. The board, with 23 concurrence of the department, or the department when there is 24 no board, may earmark $5 of the current licensure fee for this 25 purpose, if such board, or profession regulated by the 26 department, is not in a deficit and has a reasonable cash 27 balance. The department shall make direct charges to the 28 Medical Quality Assurance Trust Fund by profession. The 29 department shall seek board advice regarding enforcement 30 methods and strategies. The department shall directly credit 31 the Medical Quality Assurance Trust Fund, by profession, with 158 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 the revenues received from the department's efforts to enforce 2 licensure provisions. The department shall include all 3 financial and statistical data resulting from unlicensed 4 activity enforcement as a separate category in the quarterly 5 management report provided for in s. 456.025. For an 6 unlicensed activity account, a balance which remains at the 7 end of a renewal cycle may, with concurrence of the applicable 8 board and the department, be transferred to the operating fund 9 account of that profession. The department shall also use 10 these funds to inform and educate consumers generally on the 11 importance of using licensed health care practitioners. 12 Section 54. Subsection (1) of section 456.074, Florida 13 Statutes, is amended to read: 14 456.074 Certain health care practitioners; immediate 15 suspension of license.-- 16 (1) The department shall issue an emergency order 17 suspending the license of any person licensed under chapter 18 458, chapter 459, chapter 460, chapter 461, chapter 462, 19 chapter 463, chapter 464, chapter 465, chapter 466, or chapter 20 484 who pleads guilty to, is convicted or found guilty of, or 21 who enters a plea of nolo contendere to, regardless of 22 adjudication, a felony under chapter 409, chapter 817, or 23 chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. 24 ss. 1395-1396. 25 Section 55. Effective July 1, 2003, section 464.005, 26 Florida Statutes, is amended to read: 27 464.005 Board headquarters.--The board shall maintain 28 its official headquarters in Tallahassee the city in which it 29 has been domiciled for the past 5 years. 30 Section 56. Except as otherwise expressly provided in 31 this act, this act shall take effect July 1, 2001. 159 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 2 (Renumber subsequent sections) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 129, line 17, of the amendment 8 9 insert: 10 providing legislative intent and findings with 11 respect to the Medical Quality Assurance Trust 12 Fund and function administered by the 13 Department of Health; requiring the Auditor 14 General to do a followup Medical Quality 15 Assurance audit and issue a report to the 16 Legislature; requiring the Department of Health 17 to reimburse the Agency for Health Care 18 Administration for certain costs; requiring the 19 Office of Program Policy Analysis and 20 Government Accountability to study the 21 feasibility of maintaining the Medical Quality 22 Assurance function within a single department 23 and issue a report to the Legislature; 24 amending s. 456.004, F.S.; providing 25 requirements for rules relating to biennial 26 renewal of licenses; requiring the department 27 to set an examination fee and providing 28 requirements therefor; amending s. 456.025, 29 F.S.; revising requirements relating to the 30 setting and use of fees for the regulation of 31 health care professions and practitioners, 160 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 including continuing education fees; providing 2 for an electronic continuing education tracking 3 system; repealing s. 458.31151, F.S.; relating 4 to development of the examination for 5 foreign-trained physicians and the fees 6 therefor; amending s. 457.107, F.S.; for 7 clarification of acupuncture fees; amending s. 8 483.807, F.S.; relating to clinical laboratory 9 personnel fees; amending s. 456.011, F.S.; 10 requiring board meetings to be conducted 11 through teleconferencing or other technological 12 means except under certain circumstances; 13 amending s. 456.013, F.S.; requiring the 14 department to charge initial license fees; 15 amending s. 456.017, F.S.; providing for 16 administration of national examinations and 17 termination of state-administered written 18 examinations; providing for administration of 19 state-administered practical or clinical 20 examinations if paid for in advance by the 21 examination candidates; providing legislative 22 intent with respect to the use of national 23 examinations and the removal of 24 state-administered examinations as a barrier to 25 licensure; providing for electronic access to 26 and posting of examination scores under certain 27 conditions; providing for the sharing of 28 examinations or examination item banks with 29 certain entities; clarifying circumstances 30 under which candidates may bring a challenge; 31 providing for electronic administration of 161 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 certain laws and rules examinations; amending 2 s. 456.035, F.S.; providing for electronic 3 notification of a licensee's current mailing 4 address and place of practice; amending s. 5 456.073, F.S.; authorizing a letter of guidance 6 in lieu of a finding of probable cause under 7 certain conditions; amending s. 456.081, F.S.; 8 providing for the posting of newsletters on the 9 department's website; amending s. 456.072, 10 F.S.; revising and providing grounds for 11 discipline of licensees; revising and providing 12 disciplinary actions; amending s. 456.079, 13 F.S.; requiring mitigating or aggravating 14 circumstances to be in the final order to be 15 considered in the imposition of penalties; 16 amending ss. 457.109, 458.320, 458.331, 17 458.345, 458.347, 459.0085, 459.015, 459.022, 18 460.413, 461.013, 462.14, 463.016, 464.018, 19 465.008, 465.016, 466.028, 466.037, 467.203, 20 468.1295, 468.1755, 468.217, 468.365, 468.518, 21 468.719, 468.811, 478.52, 480.046, 483.825, 22 483.901, 484.014, 484.056, 486.125, 490.009, 23 and 491.009, F.S.; revising and conforming 24 provisions relating to disciplinary grounds and 25 penalties; repealing s. 483.827, F.S.; relating 26 to penalties for clinical laboratory personnel; 27 amending s. 456.065, F.S.; requiring the 28 unlicensed activity fee to be in addition to 29 all other fees collected from each licensee; 30 amending s. 456.074, F.S.; providing for 31 immediate suspension of license for convictions 162 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. 33 (for drafter's use only) 1 relating to fraudulent practices; amending s. 2 464.005, F.S.; providing for future relocation 3 of the headquarters of the Board of Nursing; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 163 File original & 9 copies 05/02/01 hcs0005 11:02 am 00782-0052-414143