Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
Barcode 892944
CHAMBER ACTION
Senate House
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 6 and 7,
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16 insert:
17 (11) Notwithstanding any law to the contrary, the
18 department and the board may not use any violation or alleged
19 violation of chapter 499, or any rules adopted under that
20 chapter, as a basis for disciplinary action against a
21 practitioner licensed under this chapter.
22 (12) Notwithstanding any law to the contrary, a
23 practitioner licensed under this chapter has as a defense to
24 any alleged violation of chapter 499 that the practitioner
25 relied in good faith on the representations made to the
26 practitioner by a drug manufacturer or its representatives and
27 that the practitioner had no intent to violate the law.
28 (13) If the department learns that a drug, as defined
29 under s. 499.003(17), which has not been approved by the
30 United States Food and Drug Administration for human use, has
31 been sold to identified health care providers in this state
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
Barcode 892944
1 and licensed under this chapter, the department shall
2 immediately notify the providers by certified mail of the
3 status of the drug as an unapproved product. The department
4 shall also post the information on its website to advise other
5 providers and consumers of the unapproved status of the drug.
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9 And the title is amended as follows:
10 On page 1, line 10, after the semicolon,
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12 insert:
13 providing that the board may not use certain
14 specified violations as a basis for
15 disciplinary action; providing that a
16 practitioner licensed in chapter 458, F.S., may
17 use as a defense to a violation of chapter 499,
18 F.S., that the practitioner relied in good
19 faith on the representations made to the
20 practitioner by a drug manufacturer and that
21 the practitioner had no intent to violate the
22 law; requiring the Department of Health to
23 notify health care providers if the department
24 learns that a drug that has not been approved
25 by the United States Food and Drug
26 Administration for human use has been sold to
27 identified health care providers in this state;
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