Senate Bill sb0366
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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
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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.
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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:
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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:
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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).
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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
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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).
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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
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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.--
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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
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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
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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.--
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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.
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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.
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