Senate Bill sb0366

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 366

    By Senators Peaden and Wise





    2-213A-05

  1                      A bill to be entitled

  2         An act relating to health care practitioners;

  3         amending s. 456.072, F.S.; providing that

  4         failure of a health care practitioner to comply

  5         with the terms of a monitoring or treatment

  6         program for impaired practitioners is an

  7         additional ground under which the practitioner

  8         is subject to discipline by the Department of

  9         Health or the board having jurisdiction over

10         the practitioner; reenacting ss. 457.109(2),

11         458.331(2), 459.015(2), 460.413(2), 461.013(2),

12         462.14(2), 463.016(2), 464.018(2), 465.016(2),

13         466.028(2), 467.203(2), 468.1295(2),

14         468.1755(1)(a) and (2), 468.217(2), 468.365(2),

15         468.518(2), 468.719(2), 468.811(2), 478.52(2),

16         480.046(2), 483.825(2), 483.901(6)(h),

17         484.014(2), 484.056(1)(a) and (2)(a),

18         486.125(2), 490.009(2), and 491.009(2), F.S.,

19         relating to health care practice acts and

20         similar regulatory provisions, to incorporate

21         the amendment to s. 456.072, F.S., in

22         references thereto; providing an effective

23         date.

24  

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

26  

27         Section 1.  Paragraph (gg) is added to subsection (1)

28  of section 456.072, Florida Statutes, to read:

29         456.072  Grounds for discipline; penalties;

30  enforcement.--

31  

                                  1

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         (1)  The following acts shall constitute grounds for

 2  which the disciplinary actions specified in subsection (2) may

 3  be taken:

 4         (gg)  Being terminated from a treatment program for

 5  impaired practitioners, which is overseen by an impaired

 6  practitioner consultant as described in s. 456.076, for

 7  failure to comply, without good cause, with the terms of the

 8  monitoring or treatment contract entered into by the licensee.

 9         Section 2.  For the purpose of incorporating the

10  amendment made by this act to section 456.072, Florida

11  Statutes, in a reference thereto, subsection (2) of section

12  457.109, Florida Statutes, is reenacted to read:

13         457.109  Disciplinary actions; grounds; action by the

14  board.--

15         (2)  The board may enter an order denying licensure or

16  imposing any of the penalties in s. 456.072(2) against any

17  applicant for licensure or licensee who is found guilty of

18  violating any provision of subsection (1) of this section or

19  who is found guilty of violating any provision of s.

20  456.072(1).

21         Section 3.  For the purpose of incorporating the

22  amendment made by this act to section 456.072, Florida

23  Statutes, in a reference thereto, subsection (2) of section

24  458.331, Florida Statutes, is reenacted to read:

25         458.331  Grounds for disciplinary action; action by the

26  board and department.--

27         (2)  The board may enter an order denying licensure or

28  imposing any of the penalties in s. 456.072(2) against any

29  applicant for licensure or licensee who is found guilty of

30  violating any provision of subsection (1) of this section or

31  who is found guilty of violating any provision of s.

                                  2

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1  456.072(1). In determining what action is appropriate, the

 2  board must first consider what sanctions are necessary to

 3  protect the public or to compensate the patient. Only after

 4  those sanctions have been imposed may the disciplining

 5  authority consider and include in the order requirements

 6  designed to rehabilitate the physician. All costs associated

 7  with compliance with orders issued under this subsection are

 8  the obligation of the physician.

 9         Section 4.  For the purpose of incorporating the

10  amendment made by this act to section 456.072, Florida

11  Statutes, in a reference thereto, subsection (2) of section

12  459.015, Florida Statutes, is reenacted to read:

13         459.015  Grounds for disciplinary action; action by the

14  board and department.--

15         (2)  The board may enter an order denying licensure or

16  imposing any of the penalties in s. 456.072(2) against any

17  applicant for licensure or licensee who is found guilty of

18  violating any provision of subsection (1) of this section or

19  who is found guilty of violating any provision of s.

20  456.072(1). In determining what action is appropriate, the

21  board must first consider what sanctions are necessary to

22  protect the public or to compensate the patient.  Only after

23  those sanctions have been imposed may the disciplining

24  authority consider and include in the order requirements

25  designed to rehabilitate the physician.  All costs associated

26  with compliance with orders issued under this subsection are

27  the obligation of the physician.

28         Section 5.  For the purpose of incorporating the

29  amendment made by this act to section 456.072, Florida

30  Statutes, in a reference thereto, subsection (2) of section

31  460.413, Florida Statutes, is reenacted to read:

                                  3

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         460.413  Grounds for disciplinary action; action by

 2  board or department.--

 3         (2)  The board may enter an order denying licensure or

 4  imposing any of the penalties in s. 456.072(2) against any

 5  applicant for licensure or licensee who is found guilty of

 6  violating any provision of subsection (1) of this section or

 7  who is found guilty of violating any provision of s.

 8  456.072(1). In determining what action is appropriate, the

 9  board must first consider what sanctions are necessary to

10  protect the public or to compensate the patient. Only after

11  those sanctions have been imposed may the disciplining

12  authority consider and include in the order requirements

13  designed to rehabilitate the chiropractic physician. All costs

14  associated with compliance with orders issued under this

15  subsection are the obligation of the chiropractic physician.

16         Section 6.  For the purpose of incorporating the

17  amendment made by this act to section 456.072, Florida

18  Statutes, in a reference thereto, subsection (2) of section

19  461.013, Florida Statutes, is reenacted to read:

20         461.013  Grounds for disciplinary action; action by the

21  board; investigations by department.--

22         (2)  The board may enter an order denying licensure or

23  imposing any of the penalties in s. 456.072(2) against any

24  applicant for licensure or licensee who is found guilty of

25  violating any provision of subsection (1) of this section or

26  who is found guilty of violating any provision of s.

27  456.072(1).

28         Section 7.  For the purpose of incorporating the

29  amendment made by this act to section 456.072, Florida

30  Statutes, in a reference thereto, subsection (2) of section

31  462.14, Florida Statutes, is reenacted to read:

                                  4

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         462.14  Grounds for disciplinary action; action by the

 2  department.--

 3         (2)  The department may enter an order denying

 4  licensure or imposing any of the penalties in s. 456.072(2)

 5  against any applicant for licensure or licensee who is found

 6  guilty of violating any provision of subsection (1) of this

 7  section or who is found guilty of violating any provision of

 8  s. 456.072(1).

 9         Section 8.  For the purpose of incorporating the

10  amendment made by this act to section 456.072, Florida

11  Statutes, in a reference thereto, subsection (2) of section

12  463.016, Florida Statutes, is reenacted to read:

13         463.016  Grounds for disciplinary action; action by the

14  board.--

15         (2)  The board may enter an order imposing any of the

16  penalties in s. 456.072(2) against any licensee who is found

17  guilty of violating any provision of subsection (1) of this

18  section or who is found guilty of violating any provision of

19  s. 456.072(1).

20         Section 9.  For the purpose of incorporating the

21  amendment made by this act to section 456.072, Florida

22  Statutes, in a reference thereto, subsection (2) of section

23  464.018, Florida Statutes, is reenacted to read:

24         464.018  Disciplinary actions.--

25         (2)  The board may enter an order denying licensure or

26  imposing any of the penalties in s. 456.072(2) against any

27  applicant for licensure or licensee who is found guilty of

28  violating any provision of subsection (1) of this section or

29  who is found guilty of violating any provision of s.

30  456.072(1).

31  

                                  5

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         Section 10.  For the purpose of incorporating the

 2  amendment made by this act to section 456.072, Florida

 3  Statutes, in a reference thereto, subsection (2) of section

 4  465.016, Florida Statutes, is reenacted to read:

 5         465.016  Disciplinary actions.--

 6         (2)  The board may enter an order denying licensure or

 7  imposing any of the penalties in s. 456.072(2) against any

 8  applicant for licensure or licensee who is found guilty of

 9  violating any provision of subsection (1) of this section or

10  who is found guilty of violating any provision of s.

11  456.072(1).

12         Section 11.  For the purpose of incorporating the

13  amendment made by this act to section 456.072, Florida

14  Statutes, in a reference thereto, subsection (2) of section

15  466.028, Florida Statutes, is reenacted to read:

16         466.028  Grounds for disciplinary action; action by the

17  board.--

18         (2)  The board may enter an order denying licensure or

19  imposing any of the penalties in s. 456.072(2) against any

20  applicant for licensure or licensee who is found guilty of

21  violating any provision of subsection (1) of this section or

22  who is found guilty of violating any provision of s.

23  456.072(1).

24         Section 12.  For the purpose of incorporating the

25  amendment made by this act to section 456.072, Florida

26  Statutes, in a reference thereto, subsection (2) of section

27  467.203, Florida Statutes, is reenacted to read:

28         467.203  Disciplinary actions; penalties.--

29         (2)  The department may enter an order denying

30  licensure or imposing any of the penalties in s. 456.072(2)

31  against any applicant for licensure or licensee who is found

                                  6

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1  guilty of violating any provision of subsection (1) of this

 2  section or who is found guilty of violating any provision of

 3  s. 456.072(1).

 4         Section 13.  For the purpose of incorporating the

 5  amendment made by this act to section 456.072, Florida

 6  Statutes, in a reference thereto, subsection (2) of section

 7  468.1295, Florida Statutes, is reenacted to read:

 8         468.1295  Disciplinary proceedings.--

 9         (2)  The board may enter an order denying licensure or

10  imposing any of the penalties in s. 456.072(2) against any

11  applicant for licensure or licensee who is found guilty of

12  violating any provision of subsection (1) of this section or

13  who is found guilty of violating any provision of s.

14  456.072(1).

15         Section 14.  For the purpose of incorporating the

16  amendment made by this act to section 456.072, Florida

17  Statutes, in references thereto, paragraph (a) of subsection

18  (1) and subsection (2) of section 468.1755, Florida Statutes,

19  are reenacted to read:

20         468.1755  Disciplinary proceedings.--

21         (1)  The following acts constitute grounds for denial

22  of a license or disciplinary action, as specified in s.

23  456.072(2):

24         (a)  Violation of any provision of s. 456.072(1) or s.

25  468.1745(1).

26         (2)  The board may enter an order denying licensure or

27  imposing any of the penalties in s. 456.072(2) against any

28  applicant for licensure or licensee who is found guilty of

29  violating any provision of subsection (1) of this section or

30  who is found guilty of violating any provision of s.

31  456.072(1).

                                  7

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         Section 15.  For the purpose of incorporating the

 2  amendment made by this act to section 456.072, Florida

 3  Statutes, in a reference thereto, subsection (2) of section

 4  468.217, Florida Statutes, is reenacted to read:

 5         468.217  Denial of or refusal to renew license;

 6  suspension and revocation of license and other disciplinary

 7  measures.--

 8         (2)  The board may enter an order denying licensure or

 9  imposing any of the penalties in s. 456.072(2) against any

10  applicant for licensure or licensee who is found guilty of

11  violating any provision of subsection (1) of this section or

12  who is found guilty of violating any provision of s.

13  456.072(1).

14         Section 16.  For the purpose of incorporating the

15  amendment made by this act to section 456.072, Florida

16  Statutes, in a reference thereto, subsection (2) of section

17  468.365, Florida Statutes, is reenacted to read:

18         468.365  Disciplinary grounds and actions.--

19         (2)  The board may enter an order denying licensure or

20  imposing any of the penalties in s. 456.072(2) against any

21  applicant for licensure or licensee who is found guilty of

22  violating any provision of subsection (1) of this section or

23  who is found guilty of violating any provision of s.

24  456.072(1).

25         Section 17.  For the purpose of incorporating the

26  amendment made by this act to section 456.072, Florida

27  Statutes, in a reference thereto, subsection (2) of section

28  468.518, Florida Statutes, is reenacted to read:

29         468.518  Grounds for disciplinary action.--

30         (2)  The board may enter an order denying licensure or

31  imposing any of the penalties in s. 456.072(2) against any

                                  8

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1  applicant for licensure or licensee who is found guilty of

 2  violating any provision of subsection (1) of this section or

 3  who is found guilty of violating any provision of s.

 4  456.072(1).

 5         Section 18.  For the purpose of incorporating the

 6  amendment made by this act to section 456.072, Florida

 7  Statutes, in a reference thereto, subsection (2) of section

 8  468.719, Florida Statutes, is reenacted to read:

 9         468.719  Disciplinary actions.--

10         (2)  The board may enter an order denying licensure or

11  imposing any of the penalties in s. 456.072(2) against any

12  applicant for licensure or licensee who is found guilty of

13  violating any provision of subsection (1) of this section or

14  who is found guilty of violating any provision of s.

15  456.072(1).

16         Section 19.  For the purpose of incorporating the

17  amendment made by this act to section 456.072, Florida

18  Statutes, in a reference thereto, subsection (2) of section

19  468.811, Florida Statutes, is reenacted to read:

20         468.811  Disciplinary proceedings.--

21         (2)  The board may enter an order denying licensure or

22  imposing any of the penalties in s. 456.072(2) against any

23  applicant for licensure or licensee who is found guilty of

24  violating any provision of subsection (1) of this section or

25  who is found guilty of violating any provision of s.

26  456.072(1).

27         Section 20.  For the purpose of incorporating the

28  amendment made by this act to section 456.072, Florida

29  Statutes, in a reference thereto, subsection (2) of section

30  478.52, Florida Statutes, is reenacted to read:

31         478.52  Disciplinary proceedings.--

                                  9

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         (2)  The board may enter an order denying licensure or

 2  imposing any of the penalties in s. 456.072(2) against any

 3  applicant for licensure or licensee who is found guilty of

 4  violating any provision of subsection (1) of this section or

 5  who is found guilty of violating any provision of s.

 6  456.072(1).

 7         Section 21.  For the purpose of incorporating the

 8  amendment made by this act to section 456.072, Florida

 9  Statutes, in a reference thereto, subsection (2) of section

10  480.046, Florida Statutes, is reenacted to read:

11         480.046  Grounds for disciplinary action by the

12  board.--

13         (2)  The board may enter an order denying licensure or

14  imposing any of the penalties in s. 456.072(2) against any

15  applicant for licensure or licensee who is found guilty of

16  violating any provision of subsection (1) of this section or

17  who is found guilty of violating any provision of s.

18  456.072(1).

19         Section 22.  For the purpose of incorporating the

20  amendment made by this act to section 456.072, Florida

21  Statutes, in a reference thereto, subsection (2) of section

22  483.825, Florida Statutes, is reenacted to read:

23         483.825  Grounds for disciplinary action.--

24         (2)  The board may enter an order denying licensure or

25  imposing any of the penalties in s. 456.072(2) against any

26  applicant for licensure or licensee who is found guilty of

27  violating any provision of subsection (1) of this section or

28  who is found guilty of violating any provision of s.

29  456.072(1).

30         Section 23.  For the purpose of incorporating the

31  amendment made by this act to section 456.072, Florida

                                  10

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1  Statutes, in a reference thereto, paragraph (h) of subsection

 2  (6) of section 483.901, Florida Statutes, is reenacted to

 3  read:

 4         483.901  Medical physicists; definitions; licensure.--

 5         (6)  LICENSE REQUIRED.--An individual may not engage in

 6  the practice of medical physics, including the specialties of

 7  diagnostic radiological physics, therapeutic radiological

 8  physics, medical nuclear radiological physics, or medical

 9  health physics, without a license issued by the department for

10  the appropriate specialty.

11         (h)  The department may enter an order denying

12  licensure or imposing any of the penalties in s. 456.072(2)

13  against any applicant for licensure or licensee who is found

14  guilty of violating any provision of subsection (1) of this

15  section or who is found guilty of violating any provision of

16  s. 456.072(1).

17         Section 24.  For the purpose of incorporating the

18  amendment made by this act to section 456.072, Florida

19  Statutes, in a reference thereto, subsection (2) of section

20  484.014, Florida Statutes, is reenacted to read:

21         484.014  Disciplinary actions.--

22         (2)  The board may enter an order denying licensure or

23  imposing any of the penalties in s. 456.072(2) against any

24  applicant for licensure or licensee who is found guilty of

25  violating any provision of subsection (1) of this section or

26  who is found guilty of violating any provision of s.

27  456.072(1).

28         Section 25.  For the purpose of incorporating the

29  amendment made by this act to section 456.072, Florida

30  Statutes, in references thereto, paragraph (a) of subsection

31  

                                  11

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1  (1) and paragraph (a) of subsection (2) of section 484.056,

 2  Florida Statutes, are reenacted to read:

 3         484.056  Disciplinary proceedings.--

 4         (1)  The following acts constitute grounds for denial

 5  of a license or disciplinary action, as specified in s.

 6  456.072(2):

 7         (a)  Violation of any provision of s. 456.072(1), s.

 8  484.0512, or s. 484.053.

 9         (2)(a)  The board may enter an order denying licensure

10  or imposing any of the penalties in s. 456.072(2) against any

11  applicant for licensure or licensee who is found guilty of

12  violating any provision of subsection (1) of this section or

13  who is found guilty of violating any provision of s.

14  456.072(1).

15         Section 26.  For the purpose of incorporating the

16  amendment made by this act to section 456.072, Florida

17  Statutes, in a reference thereto, subsection (2) of section

18  486.125, Florida Statutes, is reenacted to read:

19         486.125  Refusal, revocation, or suspension of license;

20  administrative fines and other disciplinary measures.--

21         (2)  The board may enter an order denying licensure or

22  imposing any of the penalties in s. 456.072(2) against any

23  applicant for licensure or licensee who is found guilty of

24  violating any provision of subsection (1) of this section or

25  who is found guilty of violating any provision of s.

26  456.072(1).

27         Section 27.  For the purpose of incorporating the

28  amendment made by this act to section 456.072, Florida

29  Statutes, in a reference thereto, subsection (2) of section

30  490.009, Florida Statutes, is reenacted to read:

31         490.009  Discipline.--

                                  12

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






    Florida Senate - 2005                                   SB 366
    2-213A-05




 1         (2)  The department, or in the case of psychologists,

 2  the board, may enter an order denying licensure or imposing

 3  any of the penalties in s. 456.072(2) against any applicant

 4  for licensure or licensee who is found guilty of violating any

 5  provision of subsection (1) of this section or who is found

 6  guilty of violating any provision of s. 456.072(1).

 7         Section 28.  For the purpose of incorporating the

 8  amendment made by this act to section 456.072, Florida

 9  Statutes, in a reference thereto, subsection (2) of section

10  491.009, Florida Statutes, is reenacted to read:

11         491.009  Discipline.--

12         (2)  The department, or, in the case of psychologists,

13  the board, may enter an order denying licensure or imposing

14  any of the penalties in s. 456.072(2) against any applicant

15  for licensure or licensee who is found guilty of violating any

16  provision of subsection (1) of this section or who is found

17  guilty of violating any provision of s. 456.072(1).

18         Section 29.  This act shall take effect July 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Provides that a health care practitioner is subject to
      discipline for failing to comply, without good cause,
23    with the terms of a monitoring or treatment program for
      impaired practitioners.
24  

25  

26  

27  

28  

29  

30  

31  

                                  13

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