HB 0025CS

CHAMBER ACTION



1The Health Care Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to health care practitioners; amending s.
7456.072, F.S.; providing that being terminated from a
8treatment program for impaired practitioners for failure
9to comply with certain contract terms or failure to
10successfully complete any drug or alcohol treatment
11program are additional grounds under which a health care
12practitioner is subject to discipline by the Department of
13Health or the board having jurisdiction over the
14practitioner; reenacting ss. 457.109(2), 458.331(2),
15459.015(2), 460.413(2), 461.013(2), 462.14(2), 463.016(2),
16464.018(2), 465.016(2), 466.028(2), 467.203(2),
17468.1295(2), 468.1755(1)(a) and (2), 468.217(2),
18468.365(2), 468.518(2), 468.719(2), 468.811(2), 478.52(2),
19480.046(2), 483.825(2), 483.901(6)(h), 484.014(2),
20484.056(1)(a) and (2)(a), 486.125(2), 490.009(2), and
21491.009(2), F.S., relating to health care practice acts
22and similar regulatory provisions, to incorporate the
23amendment to s. 456.072, F.S., in references thereto;
24providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Paragraph (gg) is added to subsection (1) of
29section 456.072, Florida Statutes, to read:
30     456.072  Grounds for discipline; penalties; enforcement.--
31     (1)  The following acts shall constitute grounds for which
32the disciplinary actions specified in subsection (2) may be
33taken:
34     (gg)  Being terminated from a treatment program for
35impaired practitioners, which is overseen by an impaired
36practitioner consultant as described in s. 456.076, for failure
37to comply, without good cause, with the terms of the monitoring
38or treatment contract entered into by the licensee or for
39failure to successfully complete any drug or alcohol treatment
40program.
41     Section 2.  For the purpose of incorporating the amendment
42made by this act to section 456.072, Florida Statutes, in a
43reference thereto, subsection (2) of section 457.109, Florida
44Statutes, is reenacted to read:
45     457.109  Disciplinary actions; grounds; action by the
46board.--
47     (2)  The board may enter an order denying licensure or
48imposing any of the penalties in s. 456.072(2) against any
49applicant for licensure or licensee who is found guilty of
50violating any provision of subsection (1) of this section or who
51is found guilty of violating any provision of s. 456.072(1).
52     Section 3.  For the purpose of incorporating the amendment
53made by this act to section 456.072, Florida Statutes, in a
54reference thereto, subsection (2) of section 458.331, Florida
55Statutes, is reenacted to read:
56     458.331  Grounds for disciplinary action; action by the
57board and department.--
58     (2)  The board may enter an order denying licensure or
59imposing any of the penalties in s. 456.072(2) against any
60applicant for licensure or licensee who is found guilty of
61violating any provision of subsection (1) of this section or who
62is found guilty of violating any provision of s. 456.072(1). In
63determining what action is appropriate, the board must first
64consider what sanctions are necessary to protect the public or
65to compensate the patient. Only after those sanctions have been
66imposed may the disciplining authority consider and include in
67the order requirements designed to rehabilitate the physician.
68All costs associated with compliance with orders issued under
69this subsection are the obligation of the physician.
70     Section 4.  For the purpose of incorporating the amendment
71made by this act to section 456.072, Florida Statutes, in a
72reference thereto, subsection (2) of section 459.015, Florida
73Statutes, is reenacted to read:
74     459.015  Grounds for disciplinary action; action by the
75board and department.--
76     (2)  The board may enter an order denying licensure or
77imposing any of the penalties in s. 456.072(2) against any
78applicant for licensure or licensee who is found guilty of
79violating any provision of subsection (1) of this section or who
80is found guilty of violating any provision of s. 456.072(1). In
81determining what action is appropriate, the board must first
82consider what sanctions are necessary to protect the public or
83to compensate the patient. Only after those sanctions have been
84imposed may the disciplining authority consider and include in
85the order requirements designed to rehabilitate the physician.
86All costs associated with compliance with orders issued under
87this subsection are the obligation of the physician.
88     Section 5.  For the purpose of incorporating the amendment
89made by this act to section 456.072, Florida Statutes, in a
90reference thereto, subsection (2) of section 460.413, Florida
91Statutes, is reenacted to read:
92     460.413  Grounds for disciplinary action; action by board
93or department.--
94     (2)  The board may enter an order denying licensure or
95imposing any of the penalties in s. 456.072(2) against any
96applicant for licensure or licensee who is found guilty of
97violating any provision of subsection (1) of this section or who
98is found guilty of violating any provision of s. 456.072(1). In
99determining what action is appropriate, the board must first
100consider what sanctions are necessary to protect the public or
101to compensate the patient. Only after those sanctions have been
102imposed may the disciplining authority consider and include in
103the order requirements designed to rehabilitate the chiropractic
104physician. All costs associated with compliance with orders
105issued under this subsection are the obligation of the
106chiropractic physician.
107     Section 6.  For the purpose of incorporating the amendment
108made by this act to section 456.072, Florida Statutes, in a
109reference thereto, subsection (2) of section 461.013, Florida
110Statutes, is reenacted to read:
111     461.013  Grounds for disciplinary action; action by the
112board; investigations by department.--
113     (2)  The board may enter an order denying licensure or
114imposing any of the penalties in s. 456.072(2) against any
115applicant for licensure or licensee who is found guilty of
116violating any provision of subsection (1) of this section or who
117is found guilty of violating any provision of s. 456.072(1).
118     Section 7.  For the purpose of incorporating the amendment
119made by this act to section 456.072, Florida Statutes, in a
120reference thereto, subsection (2) of section 462.14, Florida
121Statutes, is reenacted to read:
122     462.14  Grounds for disciplinary action; action by the
123department.--
124     (2)  The department may enter an order denying licensure or
125imposing any of the penalties in s. 456.072(2) against any
126applicant for licensure or licensee who is found guilty of
127violating any provision of subsection (1) of this section or who
128is found guilty of violating any provision of s. 456.072(1).
129     Section 8.  For the purpose of incorporating the amendment
130made by this act to section 456.072, Florida Statutes, in a
131reference thereto, subsection (2) of section 463.016, Florida
132Statutes, is reenacted to read:
133     463.016  Grounds for disciplinary action; action by the
134board.--
135     (2)  The board may enter an order imposing any of the
136penalties in s. 456.072(2) against any licensee who is found
137guilty of violating any provision of subsection (1) of this
138section or who is found guilty of violating any provision of s.
139456.072(1).
140     Section 9.  For the purpose of incorporating the amendment
141made by this act to section 456.072, Florida Statutes, in a
142reference thereto, subsection (2) of section 464.018, Florida
143Statutes, is reenacted to read:
144     464.018  Disciplinary actions.--
145     (2)  The board may enter an order denying licensure or
146imposing any of the penalties in s. 456.072(2) against any
147applicant for licensure or licensee who is found guilty of
148violating any provision of subsection (1) of this section or who
149is found guilty of violating any provision of s. 456.072(1).
150     Section 10.  For the purpose of incorporating the amendment
151made by this act to section 456.072, Florida Statutes, in a
152reference thereto, subsection (2) of section 465.016, Florida
153Statutes, is reenacted to read:
154     465.016  Disciplinary actions.--
155     (2)  The board may enter an order denying licensure or
156imposing any of the penalties in s. 456.072(2) against any
157applicant for licensure or licensee who is found guilty of
158violating any provision of subsection (1) of this section or who
159is found guilty of violating any provision of s. 456.072(1).
160     Section 11.  For the purpose of incorporating the amendment
161made by this act to section 456.072, Florida Statutes, in a
162reference thereto, subsection (2) of section 466.028, Florida
163Statutes, is reenacted to read:
164     466.028  Grounds for disciplinary action; action by the
165board.--
166     (2)  The board may enter an order denying licensure or
167imposing any of the penalties in s. 456.072(2) against any
168applicant for licensure or licensee who is found guilty of
169violating any provision of subsection (1) of this section or who
170is found guilty of violating any provision of s. 456.072(1).
171     Section 12.  For the purpose of incorporating the amendment
172made by this act to section 456.072, Florida Statutes, in a
173reference thereto, subsection (2) of section 467.203, Florida
174Statutes, is reenacted to read:
175     467.203  Disciplinary actions; penalties.--
176     (2)  The department may enter an order denying licensure or
177imposing any of the penalties in s. 456.072(2) against any
178applicant for licensure or licensee who is found guilty of
179violating any provision of subsection (1) of this section or who
180is found guilty of violating any provision of s. 456.072(1).
181     Section 13.  For the purpose of incorporating the amendment
182made by this act to section 456.072, Florida Statutes, in a
183reference thereto, subsection (2) of section 468.1295, Florida
184Statutes, is reenacted to read:
185     468.1295  Disciplinary proceedings.--
186     (2)  The board may enter an order denying licensure or
187imposing any of the penalties in s. 456.072(2) against any
188applicant for licensure or licensee who is found guilty of
189violating any provision of subsection (1) of this section or who
190is found guilty of violating any provision of s. 456.072(1).
191     Section 14.  For the purpose of incorporating the amendment
192made by this act to section 456.072, Florida Statutes, in
193references thereto, paragraph (a) of subsection (1) and
194subsection (2) of section 468.1755, Florida Statutes, are
195reenacted to read:
196     468.1755  Disciplinary proceedings.--
197     (1)  The following acts constitute grounds for denial of a
198license or disciplinary action, as specified in s. 456.072(2):
199     (a)  Violation of any provision of s. 456.072(1) or s.
200468.1745(1).
201     (2)  The board may enter an order denying licensure or
202imposing any of the penalties in s. 456.072(2) against any
203applicant for licensure or licensee who is found guilty of
204violating any provision of subsection (1) of this section or who
205is found guilty of violating any provision of s. 456.072(1).
206     Section 15.  For the purpose of incorporating the amendment
207made by this act to section 456.072, Florida Statutes, in a
208reference thereto, subsection (2) of section 468.217, Florida
209Statutes, is reenacted to read:
210     468.217  Denial of or refusal to renew license; suspension
211and revocation of license and other disciplinary measures.--
212     (2)  The board may enter an order denying licensure or
213imposing any of the penalties in s. 456.072(2) against any
214applicant for licensure or licensee who is found guilty of
215violating any provision of subsection (1) of this section or who
216is found guilty of violating any provision of s. 456.072(1).
217     Section 16.  For the purpose of incorporating the amendment
218made by this act to section 456.072, Florida Statutes, in a
219reference thereto, subsection (2) of section 468.365, Florida
220Statutes, is reenacted to read:
221     468.365  Disciplinary grounds and actions.--
222     (2)  The board may enter an order denying licensure or
223imposing any of the penalties in s. 456.072(2) against any
224applicant for licensure or licensee who is found guilty of
225violating any provision of subsection (1) of this section or who
226is found guilty of violating any provision of s. 456.072(1).
227     Section 17.  For the purpose of incorporating the amendment
228made by this act to section 456.072, Florida Statutes, in a
229reference thereto, subsection (2) of section 468.518, Florida
230Statutes, is reenacted to read:
231     468.518  Grounds for disciplinary action.--
232     (2)  The board may enter an order denying licensure or
233imposing any of the penalties in s. 456.072(2) against any
234applicant for licensure or licensee who is found guilty of
235violating any provision of subsection (1) of this section or who
236is found guilty of violating any provision of s. 456.072(1).
237     Section 18.  For the purpose of incorporating the amendment
238made by this act to section 456.072, Florida Statutes, in a
239reference thereto, subsection (2) of section 468.719, Florida
240Statutes, is reenacted to read:
241     468.719  Disciplinary actions.--
242     (2)  The board may enter an order denying licensure or
243imposing any of the penalties in s. 456.072(2) against any
244applicant for licensure or licensee who is found guilty of
245violating any provision of subsection (1) of this section or who
246is found guilty of violating any provision of s. 456.072(1).
247     Section 19.  For the purpose of incorporating the amendment
248made by this act to section 456.072, Florida Statutes, in a
249reference thereto, subsection (2) of section 468.811, Florida
250Statutes, is reenacted to read:
251     468.811  Disciplinary proceedings.--
252     (2)  The board may enter an order denying licensure or
253imposing any of the penalties in s. 456.072(2) against any
254applicant for licensure or licensee who is found guilty of
255violating any provision of subsection (1) of this section or who
256is found guilty of violating any provision of s. 456.072(1).
257     Section 20.  For the purpose of incorporating the amendment
258made by this act to section 456.072, Florida Statutes, in a
259reference thereto, subsection (2) of section 478.52, Florida
260Statutes, is reenacted to read:
261     478.52  Disciplinary proceedings.--
262     (2)  The board may enter an order denying licensure or
263imposing any of the penalties in s. 456.072(2) against any
264applicant for licensure or licensee who is found guilty of
265violating any provision of subsection (1) of this section or who
266is found guilty of violating any provision of s. 456.072(1).
267     Section 21.  For the purpose of incorporating the amendment
268made by this act to section 456.072, Florida Statutes, in a
269reference thereto, subsection (2) of section 480.046, Florida
270Statutes, is reenacted to read:
271     480.046  Grounds for disciplinary action by the board.--
272     (2)  The board may enter an order denying licensure or
273imposing any of the penalties in s. 456.072(2) against any
274applicant for licensure or licensee who is found guilty of
275violating any provision of subsection (1) of this section or who
276is found guilty of violating any provision of s. 456.072(1).
277     Section 22.  For the purpose of incorporating the amendment
278made by this act to section 456.072, Florida Statutes, in a
279reference thereto, subsection (2) of section 483.825, Florida
280Statutes, is reenacted to read:
281     483.825  Grounds for disciplinary action.--
282     (2)  The board may enter an order denying licensure or
283imposing any of the penalties in s. 456.072(2) against any
284applicant for licensure or licensee who is found guilty of
285violating any provision of subsection (1) of this section or who
286is found guilty of violating any provision of s. 456.072(1).
287     Section 23.  For the purpose of incorporating the amendment
288made by this act to section 456.072, Florida Statutes, in a
289reference thereto, paragraph (h) of subsection (6) of section
290483.901, Florida Statutes, is reenacted to read:
291     483.901  Medical physicists; definitions; licensure.--
292     (6)  LICENSE REQUIRED.--An individual may not engage in the
293practice of medical physics, including the specialties of
294diagnostic radiological physics, therapeutic radiological
295physics, medical nuclear radiological physics, or medical health
296physics, without a license issued by the department for the
297appropriate specialty.
298     (h)  The department may enter an order denying licensure or
299imposing any of the penalties in s. 456.072(2) against any
300applicant for licensure or licensee who is found guilty of
301violating any provision of subsection (1) of this section or who
302is found guilty of violating any provision of s. 456.072(1).
303     Section 24.  For the purpose of incorporating the amendment
304made by this act to section 456.072, Florida Statutes, in a
305reference thereto, subsection (2) of section 484.014, Florida
306Statutes, is reenacted to read:
307     484.014  Disciplinary actions.--
308     (2)  The board may enter an order denying licensure or
309imposing any of the penalties in s. 456.072(2) against any
310applicant for licensure or licensee who is found guilty of
311violating any provision of subsection (1) of this section or who
312is found guilty of violating any provision of s. 456.072(1).
313     Section 25.  For the purpose of incorporating the amendment
314made by this act to section 456.072, Florida Statutes, in
315references thereto, paragraph (a) of subsection (1) and
316paragraph (a) of subsection (2) of section 484.056, Florida
317Statutes, are reenacted to read:
318     484.056  Disciplinary proceedings.--
319     (1)  The following acts constitute grounds for denial of a
320license or disciplinary action, as specified in s. 456.072(2):
321     (a)  Violation of any provision of s. 456.072(1), s.
322484.0512, or s. 484.053.
323     (2)(a)  The board may enter an order denying licensure or
324imposing any of the penalties in s. 456.072(2) against any
325applicant for licensure or licensee who is found guilty of
326violating any provision of subsection (1) of this section or who
327is found guilty of violating any provision of s. 456.072(1).
328     Section 26.  For the purpose of incorporating the amendment
329made by this act to section 456.072, Florida Statutes, in a
330reference thereto, subsection (2) of section 486.125, Florida
331Statutes, is reenacted to read:
332     486.125  Refusal, revocation, or suspension of license;
333administrative fines and other disciplinary measures.--
334     (2)  The board may enter an order denying licensure or
335imposing any of the penalties in s. 456.072(2) against any
336applicant for licensure or licensee who is found guilty of
337violating any provision of subsection (1) of this section or who
338is found guilty of violating any provision of s. 456.072(1).
339     Section 27.  For the purpose of incorporating the amendment
340made by this act to section 456.072, Florida Statutes, in a
341reference thereto, subsection (2) of section 490.009, Florida
342Statutes, is reenacted to read:
343     490.009  Discipline.--
344     (2)  The department, or in the case of psychologists, the
345board, may enter an order denying licensure or imposing any of
346the penalties in s. 456.072(2) against any applicant for
347licensure or licensee who is found guilty of violating any
348provision of subsection (1) of this section or who is found
349guilty of violating any provision of s. 456.072(1).
350     Section 28.  For the purpose of incorporating the amendment
351made by this act to section 456.072, Florida Statutes, in a
352reference thereto, subsection (2) of section 491.009, Florida
353Statutes, is reenacted to read:
354     491.009  Discipline.--
355     (2)  The department, or, in the case of psychologists, the
356board, may enter an order denying licensure or imposing any of
357the penalties in s. 456.072(2) against any applicant for
358licensure or licensee who is found guilty of violating any
359provision of subsection (1) of this section or who is found
360guilty of violating any provision of s. 456.072(1).
361     Section 29.  This act shall take effect July 1, 2005.


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