Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
Barcode 180120
CHAMBER ACTION
Senate House
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05/02/2005 06:21 PM .
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, line 18, through
15 page 4, line 6, delete those lines
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17 and insert:
18 Section 3. Subsection (2) of section 458.331, Florida
19 Statutes, is amended, and subsection (11) is added to that
20 section, to read:
21 458.331 Grounds for disciplinary action; action by the
22 board and department.--
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). A probable cause panel considering disciplinary
29 action against a physician assistant pursuant to s. 456.073
30 shall include a licensed physician assistant designated by the
31 Council on Physician Assistants. In determining what action is
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2:18 PM 05/02/05 s1180c1c-02-29u
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
Barcode 180120
1 appropriate, the board must first consider what sanctions are
2 necessary to protect the public or to compensate the patient.
3 Only after those sanctions have been imposed may the
4 disciplining authority consider and include in the order
5 requirements designed to rehabilitate the physician. All costs
6 associated with compliance with orders issued under this
7 subsection are the obligation of the physician.
8 (11) Notwithstanding any law to the contrary, a
9 practitioner licensed under this chapter has as a defense to
10 an alleged violation, by the preponderance of the evidence,
11 that the practitioner relied in good faith on the
12 representations made to the practitioner by a drug
13 manufacturer or its representatives and that the practitioner
14 had no intent to violate the law.
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page 1, line 10, after the semicolon,
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21 insert:
22 providing that a practitioner licensed in ch.
23 458, F.S., may use as a defense that the
24 practitioner relied in good faith on the
25 representations made to the practitioner by a
26 drug manufacturer and that the practitioner had
27 no intent to violate the law;
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