HB 0507 2003
1	A bill to be entitled
2	An act relating to health care; amending s. 456.072, F.S.;
3	providing that failure to disclose medical licensure in
4	advertisements for health care services or to patients
5	upon initiation of the professional relationship
6	constitutes a ground for discipline of a health care
7	practitioner; providing that failure to disclose medical
8	licensure and scope of practice when providing a
9	professional opinion constitutes a ground for discipline
10	of a health care practitioner; providing exceptions;
11	providing penalties; reenacting ss. 457.109(2),
12	458.3135(2), 458.331(2), 459.015(2), 460.413(2),
13	461.013(2), 462.14(2), 463.016(2), 464.018(2), 465.016(2),
14	466.028(2), 467.203(2), 468.1295(2), 468.1755(1)(a) and
15	(2), 468.217(2), 468.365(2), 468.518(2), 468.719(2),
16	468.811(2), 478.52(2), 480.046(2), 483.825(2),
17	483.901(6)(h), 484.014(2), 484.056(1)(a) and (2)(a),
18	486.125(2), 490.009(2), and 491.009(2), F.S., relating to
19	grounds for disciplinary action applicable to acupuncture,
20	medical practice, osteopathic medicine, chiropractic
21	medicine, podiatric medicine, naturopathy, optometry,
22	nursing, pharmacy, dentistry, midwifery, speech-language
23	pathology and audiology, nursing home administration,
24	occupational therapy, respiratory therapy, dietetics and
25	nutrition practice, athletic trainers, orthotics,
26	prosthetics, and pedorthics, electrolysis, massage
27	practice, clinical laboratory personnel, medical
28	physicists, dispensing of optical devices and hearing
29	aids, physical therapy practice, psychological services,
30	and clinical, counseling, and psychotherapy services, to
31	incorporate the amendment to s. 456.072, F.S., in
32	references thereto; amending s. 458.309, F.S.; providing
33	requirements for approval of boards granting medical
34	specialty certification; amending s. 458.331, F.S.;
35	expanding the disciplinary ground of false, deceptive, or
36	misleading advertising applicable to physicians to include
37	failure to disclose information relating to medical
38	specialty and postgraduate education in advertisements and
39	informed consent forms; providing penalties; amending s.
40	458.3312, F.S.; requiring physicians who hold themselves
41	out as board-certified specialists to have successfully
42	completed a specified residency program; providing an
43	effective date.
44
45	WHEREAS, the Legislature finds that there exists a
46	compelling state interest that patients be informed of the
47	credentials of the health care practitioners who treat them and
48	that the public be protected from misleading health care
49	advertising, and
50	WHEREAS, the Legislature further finds that the areas of
51	practice licensure and board certification can be extremely
52	confusing for patients and that practitioners could easily
53	mislead patients into believing that the practitioner is better
54	qualified than other practitioners simply by creating a sham
55	designation or a sham certification body, and
56	WHEREAS, the Legislature further finds that the American
57	Council on Graduate Medical Education and the American Board of
58	Medical Specialties and its component boards are universally
59	recognized as the preeminent certification organizations that
60	promote and uphold the highest standards in medical
61	specialization, and
62	WHEREAS, the Legislature therefore determines that the most
63	direct and effective manner in which to protect patients from
64	this identifiable harm is to ensure that patients have a
65	standard and easily understood method of recognizing legitimate
66	certification bodies and that patients be informed of the
67	training of their health care practitioners, NOW, THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1. Paragraph (cc) of subsection (1) of section
72	456.072, Florida Statutes, is redesignated as paragraph (ee),
73	and new paragraphs (cc) and (dd) are added to said subsection to
74	read:
75	456.072 Grounds for discipline; penalties; enforcement.--
76	(1) The following acts shall constitute grounds for which
77	the disciplinary actions specified in subsection (2) may be
78	taken:
79	(cc) In any advertisement for health care services, and no
80	later than at the time of initiation of a professional
81	relationship with a patient, failing to provide, at a minimum,
82	the type of license under which the health care practitioner is
83	operating. This paragraph does not apply to health care
84	practitioners while they are providing services in facilities
85	licensed pursuant to chapter 395 or chapter 400.
86	(dd) When providing a professional opinion, regardless of
87	setting, failing to provide, at a minimum, the type of license
88	under which the health care practitioner is operating and the
89	scope of the health care practitioner's practice. This paragraph
90	does not apply to health care practitioners while they are
91	providing services in facilities licensed pursuant to chapter
92	395 or chapter 400.
93	Section 2. For the purpose of incorporating the amendment
94	to section 456.072, Florida Statutes, in references thereto,
95	subsection (2) of section 457.109, Florida Statutes, is
96	reenacted to read:
97	457.109 Disciplinary actions; grounds; action by the
98	board.--
99	(2) The board may enter an order denying licensure or
100	imposing any of the penalties in s. 456.072(2) against any
101	applicant for licensure or licensee who is found guilty of
102	violating any provision of subsection (1) of this section or who
103	is found guilty of violating any provision of s. 456.072(1).
104	Section 3. For the purpose of incorporating the amendment
105	to section 456.072, Florida Statutes, in a reference thereto,
106	subsection (2) of section 458.3135, Florida Statutes, is
107	reenacted to read:
108	458.3135 Temporary certificate for visiting physicians to
109	practice in approved cancer centers.--
110	(2) A temporary certificate for practice in an approved
111	cancer center may be issued without examination to an individual
112	who:
113	(a) Is a graduate of an accredited medical school or its
114	equivalent, or is a graduate of a foreign medical school listed
115	with the World Health Organization;
116	(b) Holds a valid and unencumbered license to practice
117	medicine in another country;
118	(c) Has completed the application form adopted by the
119	board and remitted a nonrefundable application fee not to exceed
120	$300;
121	(d) Has not committed any act in this or any other
122	jurisdiction which would constitute the basis for disciplining a
123	physician under s. 456.072 or s. 458.331;
124	(e) Meets the financial responsibility requirements of s.
125	458.320; and
126	(f) Has been accepted for a course of training by a cancer
127	center approved by the board.
128	Section 4. For the purpose of incorporating the amendment
129	to section 456.072, Florida Statutes, in references thereto,
130	subsection (2) of section 458.331, Florida Statutes, is
131	reenacted to read:
132	458.331 Grounds for disciplinary action; action by the
133	board and department.--
134	(2) The board may enter an order denying licensure or
135	imposing any of the penalties in s. 456.072(2) against any
136	applicant for licensure or licensee who is found guilty of
137	violating any provision of subsection (1) of this section or who
138	is found guilty of violating any provision of s. 456.072(1). In
139	determining what action is appropriate, the board must first
140	consider what sanctions are necessary to protect the public or
141	to compensate the patient. Only after those sanctions have been
142	imposed may the disciplining authority consider and include in
143	the order requirements designed to rehabilitate the physician.
144	All costs associated with compliance with orders issued under
145	this subsection are the obligation of the physician.
146	Section 5. For the purpose of incorporating the amendment
147	to section 456.072, Florida Statutes, in references thereto,
148	subsection (2) of section 459.015, Florida Statutes, is
149	reenacted to read:
150	459.015 Grounds for disciplinary action; action by the
151	board and department.--
152	(2) The board may enter an order denying licensure or
153	imposing any of the penalties in s. 456.072(2) against any
154	applicant for licensure or licensee who is found guilty of
155	violating any provision of subsection (1) of this section or who
156	is found guilty of violating any provision of s. 456.072(1). In
157	determining what action is appropriate, the board must first
158	consider what sanctions are necessary to protect the public or
159	to compensate the patient. Only after those sanctions have been
160	imposed may the disciplining authority consider and include in
161	the order requirements designed to rehabilitate the physician.
162	All costs associated with compliance with orders issued under
163	this subsection are the obligation of the physician.
164	Section 6. For the purpose of incorporating the amendment
165	to section 456.072, Florida Statutes, in references thereto,
166	subsection (2) of section 460.413, Florida Statutes, is
167	reenacted to read:
168	460.413 Grounds for disciplinary action; action by board
169	or department.--
170	(2) The board may enter an order denying licensure or
171	imposing any of the penalties in s. 456.072(2) against any
172	applicant for licensure or licensee who is found guilty of
173	violating any provision of subsection (1) of this section or who
174	is found guilty of violating any provision of s. 456.072(1). In
175	determining what action is appropriate, the board must first
176	consider what sanctions are necessary to protect the public or
177	to compensate the patient. Only after those sanctions have been
178	imposed may the disciplining authority consider and include in
179	the order requirements designed to rehabilitate the chiropractic
180	physician. All costs associated with compliance with orders
181	issued under this subsection are the obligation of the
182	chiropractic physician.
183	Section 7. For the purpose of incorporating the amendment
184	to section 456.072, Florida Statutes, in references thereto,
185	subsection (2) of section 461.013, Florida Statutes, is
186	reenacted to read:
187	461.013 Grounds for disciplinary action; action by the
188	board; investigations by department.--
189	(2) The board may enter an order denying licensure or
190	imposing any of the penalties in s. 456.072(2) against any
191	applicant for licensure or licensee who is found guilty of
192	violating any provision of subsection (1) of this section or who
193	is found guilty of violating any provision of s. 456.072(1).
194	Section 8. For the purpose of incorporating the amendment
195	to section 456.072, Florida Statutes, in references thereto,
196	subsection (2) of section 462.14, Florida Statutes, is reenacted
197	to read:
198	462.14 Grounds for disciplinary action; action by the
199	department.--
200	(2) The department may enter an order denying licensure or
201	imposing any of the penalties in s. 456.072(2) against any
202	applicant for licensure or licensee who is found guilty of
203	violating any provision of subsection (1) of this section or who
204	is found guilty of violating any provision of s. 456.072(1).
205	Section 9. For the purpose of incorporating the amendment
206	to section 456.072, Florida Statutes, in references thereto,
207	subsection (2) of section 463.016, Florida Statutes, is
208	reenacted to read:
209	463.016 Grounds for disciplinary action; action by the
210	board.--
211	(2) The board may enter an order imposing any of the
212	penalties in s. 456.072(2) against any licensee who is found
213	guilty of violating any provision of subsection (1) of this
214	section or who is found guilty of violating any provision of s.
215	456.072(1).
216	Section 10. For the purpose of incorporating the amendment
217	to section 456.072, Florida Statutes, in references thereto,
218	subsection (2) of section 464.018, Florida Statutes, is
219	reenacted to read:
220	464.018 Disciplinary actions.--
221	(2) The board may enter an order denying licensure or
222	imposing any of the penalties in s. 456.072(2) against any
223	applicant for licensure or licensee who is found guilty of
224	violating any provision of subsection (1) of this section or who
225	is found guilty of violating any provision of s. 456.072(1).
226	Section 11. For the purpose of incorporating the amendment
227	to section 456.072, Florida Statutes, in references thereto,
228	subsection (2) of section 465.016, Florida Statutes, is
229	reenacted to read:
230	465.016 Disciplinary actions.--
231	(2) The board may enter an order denying licensure or
232	imposing any of the penalties in s. 456.072(2) against any
233	applicant for licensure or licensee who is found guilty of
234	violating any provision of subsection (1) of this section or who
235	is found guilty of violating any provision of s. 456.072(1).
236	Section 12. For the purpose of incorporating the amendment
237	to section 456.072, Florida Statutes, in references thereto,
238	subsection (2) of section 466.028, Florida Statutes, is
239	reenacted to read:
240	466.028 Grounds for disciplinary action; action by the
241	board.--
242	(2) The board may enter an order denying licensure or
243	imposing any of the penalties in s. 456.072(2) against any
244	applicant for licensure or licensee who is found guilty of
245	violating any provision of subsection (1) of this section or who
246	is found guilty of violating any provision of s. 456.072(1).
247	Section 13. For the purpose of incorporating the amendment
248	to section 456.072, Florida Statutes, in references thereto,
249	subsection (2) of section 467.203, Florida Statutes, is
250	reenacted to read:
251	467.203 Disciplinary actions; penalties.--
252	(2) The department may enter an order denying licensure or
253	imposing any of the penalties in s. 456.072(2) against any
254	applicant for licensure or licensee who is found guilty of
255	violating any provision of subsection (1) of this section or who
256	is found guilty of violating any provision of s. 456.072(1).
257	Section 14. For the purpose of incorporating the amendment
258	to section 456.072, Florida Statutes, in references thereto,
259	subsection (2) of section 468.1295, Florida Statutes, is
260	reenacted to read:
261	468.1295 Disciplinary proceedings.--
262	(2) The board may enter an order denying licensure or
263	imposing any of the penalties in s. 456.072(2) against any
264	applicant for licensure or licensee who is found guilty of
265	violating any provision of subsection (1) of this section or who
266	is found guilty of violating any provision of s. 456.072(1).
267	Section 15. For the purpose of incorporating the amendment
268	to section 456.072, Florida Statutes, in references thereto,
269	paragraph (a) of subsection (1) and subsection (2) of section
270	468.1755, Florida Statutes, are reenacted to read:
271	468.1755 Disciplinary proceedings.--
272	(1) The following acts constitute grounds for denial of a
273	license or disciplinary action, as specified in s. 456.072(2):
274	(a) Violation of any provision of s. 456.072(1) or s.
275	468.1745(1).
276	(2) The board may enter an order denying licensure or
277	imposing any of the penalties in s. 456.072(2) against any
278	applicant for licensure or licensee who is found guilty of
279	violating any provision of subsection (1) of this section or who
280	is found guilty of violating any provision of s. 456.072(1).
281	Section 16. For the purpose of incorporating the amendment
282	to section 456.072, Florida Statutes, in references thereto,
283	subsection (2) of section 468.217, Florida Statutes, is
284	reenacted to read:
285	468.217 Denial of or refusal to renew license; suspension
286	and revocation of license and other disciplinary measures.--
287	(2) The board may enter an order denying licensure or
288	imposing any of the penalties in s. 456.072(2) against any
289	applicant for licensure or licensee who is found guilty of
290	violating any provision of subsection (1) of this section or who
291	is found guilty of violating any provision of s. 456.072(1).
292	Section 17. For the purpose of incorporating the amendment
293	to section 456.072, Florida Statutes, in references thereto,
294	subsection (2) of section 468.365, Florida Statutes, is
295	reenacted to read:
296	468.365 Disciplinary grounds and actions.--
297	(2) The board may enter an order denying licensure or
298	imposing any of the penalties in s. 456.072(2) against any
299	applicant for licensure or licensee who is found guilty of
300	violating any provision of subsection (1) of this section or who
301	is found guilty of violating any provision of s. 456.072(1).
302	Section 18. For the purpose of incorporating the amendment
303	to section 456.072, Florida Statutes, in references thereto,
304	subsection (2) of section 468.518, Florida Statutes, is
305	reenacted to read:
306	468.518 Grounds for disciplinary action.--
307	(2) The board may enter an order denying licensure or
308	imposing any of the penalties in s. 456.072(2) against any
309	applicant for licensure or licensee who is found guilty of
310	violating any provision of subsection (1) of this section or who
311	is found guilty of violating any provision of s. 456.072(1).
312	Section 19. For the purpose of incorporating the amendment
313	to section 456.072, Florida Statutes, in references thereto,
314	subsection (2) of section 468.719, Florida Statutes, is
315	reenacted to read:
316	468.719 Disciplinary actions.--
317	(2) The board may enter an order denying licensure or
318	imposing any of the penalties in s. 456.072(2) against any
319	applicant for licensure or licensee who is found guilty of
320	violating any provision of subsection (1) of this section or who
321	is found guilty of violating any provision of s. 456.072(1).
322	Section 20. For the purpose of incorporating the amendment
323	to section 456.072, Florida Statutes, in references thereto,
324	subsection (2) of section 468.811, Florida Statutes, is
325	reenacted to read:
326	468.811 Disciplinary proceedings.--
327	(2) The board may enter an order denying licensure or
328	imposing any of the penalties in s. 456.072(2) against any
329	applicant for licensure or licensee who is found guilty of
330	violating any provision of subsection (1) of this section or who
331	is found guilty of violating any provision of s. 456.072(1).
332	Section 21. For the purpose of incorporating the amendment
333	to section 456.072, Florida Statutes, in references thereto,
334	subsection (2) of section 478.52, Florida Statutes, is reenacted
335	to read:
336	478.52 Disciplinary proceedings.--
337	(2) The board may enter an order denying licensure or
338	imposing any of the penalties in s. 456.072(2) against any
339	applicant for licensure or licensee who is found guilty of
340	violating any provision of subsection (1) of this section or who
341	is found guilty of violating any provision of s. 456.072(1).
342	Section 22. For the purpose of incorporating the amendment
343	to section 456.072, Florida Statutes, in references thereto,
344	subsection (2) of section 480.046, Florida Statutes, is
345	reenacted to read:
346	480.046 Grounds for disciplinary action by the board.--
347	(2) The board may enter an order denying licensure or
348	imposing any of the penalties in s. 456.072(2) against any
349	applicant for licensure or licensee who is found guilty of
350	violating any provision of subsection (1) of this section or who
351	is found guilty of violating any provision of s. 456.072(1).
352	Section 23. For the purpose of incorporating the amendment
353	to section 456.072, Florida Statutes, in references thereto,
354	subsection (2) of section 483.825, Florida Statutes, is
355	reenacted to read:
356	483.825 Grounds for disciplinary action.--
357	(2) The board may enter an order denying licensure or
358	imposing any of the penalties in s. 456.072(2) against any
359	applicant for licensure or licensee who is found guilty of
360	violating any provision of subsection (1) of this section or who
361	is found guilty of violating any provision of s. 456.072(1).
362	Section 24. For the purpose of incorporating the amendment
363	to section 456.072, Florida Statutes, in references thereto,
364	paragraph (h) of subsection (6) of section 483.901, Florida
365	Statutes, is reenacted to read:
366	483.901 Medical physicists; definitions; licensure.--
367	(6) LICENSE REQUIRED.-- An individual may not engage in
368	the practice of medical physics, including the specialties of
369	diagnostic radiological physics, therapeutic radiological
370	physics, medical nuclear radiological physics, or medical health
371	physics, without a license issued by the department for the
372	appropriate specialty.
373	(h) The department may enter an order denying licensure or
374	imposing any of the penalties in s. 456.072(2) against any
375	applicant for licensure or licensee who is found guilty of
376	violating any provision of subsection (1) of this section or who
377	is found guilty of violating any provision of s. 456.072(1).
378	Section 25. For the purpose of incorporating the amendment
379	to section 456.072, Florida Statutes, in references thereto,
380	subsection (2) of section 484.014, Florida Statutes, is
381	reenacted to read:
382	484.014 Disciplinary actions.--
383	(2) The board may enter an order denying licensure or
384	imposing any of the penalties in s. 456.072(2) against any
385	applicant for licensure or licensee who is found guilty of
386	violating any provision of subsection (1) of this section or who
387	is found guilty of violating any provision of s. 456.072(1).
388	Section 26. For the purpose of incorporating the amendment
389	to section 456.072, Florida Statutes, in references thereto,
390	paragraph (a) of subsection (1) and paragraph (a) of subsection
391	(2) of section 484.056, Florida Statutes, are reenacted to read:
392	484.056 Disciplinary proceedings.--
393	(1) The following acts constitute grounds for denial of a
394	license or disciplinary action, as specified in s. 456.072(2):
395	(a) Violation of any provision of s. 456.072(1), s.
396	484.0512, or s. 484.053.
397	(2)(a) The board may enter an order denying licensure or
398	imposing any of the penalties in s. 456.072(2) against any
399	applicant for licensure or licensee who is found guilty of
400	violating any provision of subsection (1) of this section or who
401	is found guilty of violating any provision of s. 456.072(1).
402	Section 27. For the purpose of incorporating the amendment
403	to section 456.072, Florida Statutes, in references thereto,
404	subsection (2) of section 486.125, Florida Statutes, is
405	reenacted to read:
406	486.125 Refusal, revocation, or suspension of license;
407	administrative fines and other disciplinary measures.--
408	(2) The board may enter an order denying licensure or
409	imposing any of the penalties in s. 456.072(2) against any
410	applicant for licensure or licensee who is found guilty of
411	violating any provision of subsection (1) of this section or who
412	is found guilty of violating any provision of s. 456.072(1).
413	Section 28. For the purpose of incorporating the amendment
414	to section 456.072, Florida Statutes, in references thereto,
415	subsection (2) of section 490.009, Florida Statutes, is
416	reenacted to read:
417	490.009 Discipline.--
418	(2) The department, or in the case of psychologists, the
419	board, may enter an order denying licensure or imposing any of
420	the penalties in s. 456.072(2) against any applicant for
421	licensure or licensee who is found guilty of violating any
422	provision of subsection (1) of this section or who is found
423	guilty of violating any provision of s. 456.072(1).
424	Section 29. For the purpose of incorporating the amendment
425	to section 456.072, Florida Statutes, in references thereto,
426	subsection (2) of section 491.009, Florida Statutes, is
427	reenacted to read:
428	491.009 Discipline.--
429	(2) The department, or, in the case of psychologists, the
430	board, may enter an order denying licensure or imposing any of
431	the penalties in s. 456.072(2) against any applicant for
432	licensure or licensee who is found guilty of violating any
433	provision of subsection (1) of this section or who is found
434	guilty of violating any provision of s. 456.072(1).
435	Section 30. Paragraph (d) is added to subsection (2) of
436	section 458.309, Florida Statutes, to read:
437	458.309 Rulemaking authority.--
438	(2)
439	(d) In any rules that the board adopts relating to board
440	certification, "board" shall mean a board approved by the
441	American Board of Medical Specialties or the Board of Medicine.
442	However, the Board of Medicine may only approve those specialty
443	boards that require the successful completion of a residency
444	program approved by the American Council on Graduate Medical
445	Education and provide evidence that their criteria for board
446	certification is at least equivalent to the criteria established
447	for their specialty by the American Board of Medical
448	Specialties.
449	Section 31. Paragraph (d) of subsection (1) of section
450	458.331, Florida Statutes, is amended to read:
451	458.331 Grounds for disciplinary action; action by the
452	board and department.--
453	(1) The following acts constitute grounds for denial of a
454	license or disciplinary action, as specified in s. 456.072(2):
455	(d) False, deceptive, or misleading advertising, which
456	shall include, but not be limited to, the dissemination of any
457	advertisement or informed consent form that does not include, at
458	a minimum, whether or not the physician is board certified by a
459	specialty board approved by the American Board of Medical
460	Specialties or the Board of Medicine and the name of any such
461	board that has awarded certification. However, a physician may
462	only disclose postgraduate education that was undertaken in
463	programs approved by the American Council on Graduate Medical
464	Education and must disclose whether the program was completed.
465	Section 32. Section 458.3312, Florida Statutes, is amended
466	to read:
467	458.3312 Specialties.-- A physician licensed under this
468	chapter may not hold himself or herself out as a board-certified
469	specialist unless the physician has successfully completed a
470	residency program in that specialty accredited by the American
471	Council on Graduate Medical Education andhas received formal
472	recognition as a specialist from a specialty board of the
473	American Board of Medical Specialties or other recognizing
474	agency approved by the board. However, a physician may indicate
475	the services offered and may state that his or her practice is
476	limited to one or more types of services when this accurately
477	reflects the scope of practice of the physician.
478	Section 33. This act shall take effect July 1, 2003.