House Bill hb1197

    Florida House of Representatives - 2002                HB 1197

        By Representative Gannon






  1                      A bill to be entitled

  2         An act relating to whistle-blower's protection

  3         for health care facility employees; creating s.

  4         395.0194, F.S.; prohibiting retaliatory actions

  5         by a licensed facility against an employee for

  6         reporting certain information to specified

  7         entities; authorizing remedies and relief for

  8         violation; requiring posting of notice and

  9         provision of information regarding protections

10         and remedies; providing an effective date.

11

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

13

14         Section 1.  Section 395.0194, Florida Statutes, is

15  created to read:

16         395.0194  Prohibitions; employee remedies and relief.--

17         (1)  A licensed facility shall not dismiss, discipline,

18  or take any other adverse personnel action against an employee

19  who reports any action by another employee or agent of the

20  licensed facility that the reporting employee reasonably

21  believes violates agency standards for patient care and

22  safety, the prevailing professional standard of care as

23  defined in s. 766.102, or any other federal, state, or local

24  law, rule, or regulation. Such information must be reported to

25  an appropriate licensed facility employee, governmental unit,

26  or Federal Government entity having the authority to

27  investigate, police, manage, or otherwise remedy the violation

28  or act.

29         (2)  An employee who makes a report under subsection

30  (1) has a civil cause of action for appropriate compensatory

31  and punitive damages against the licensed facility for causing

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






    Florida House of Representatives - 2002                HB 1197

    761-120-02






  1  detrimental changes to the employment status of the reporting

  2  employee by reason of the employee's report. Any detrimental

  3  change made without cause in the employment status of the

  4  reporting employee such as discharge, termination, demotion,

  5  transfer, reduction in pay or benefits, or negative

  6  evaluations, within 120 days after the report is made,

  7  establishes a rebuttable presumption that the detrimental

  8  action was retaliatory.

  9         (3)  Each licensed facility shall prominently post

10  notice of the protections and remedies provided under this

11  section, along with the appropriate contact information for

12  making reports, and shall provide such notice to all employees

13  of the facility within 30 days after the effective date of

14  this section and to all new employees hired subsequent to that

15  date.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Provides whistle-blower's protection for employees of a
22    hospital, ambulatory surgical center, or mobile surgical
      facility who report a violation of standards, laws, or
23    rules to specified authorities. Prohibits retaliatory
      actions by the facility against a reporting employee.
24    Provides a civil cause of action by the reporting
      employee for retaliatory action by the facility. Requires
25    facilities to post notice and provide information
      regarding the protections and remedies provided in the
26    act.

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