| 1 | The Health Care Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to probable cause panels; amending ss. |
| 7 | 458.331 and 459.015, F.S.; placing a physician assistant |
| 8 | on probable cause panels of the Board of Medicine and the |
| 9 | Board of Osteopathic Medicine considering discipline of |
| 10 | physician assistants; providing that certain rulemaking |
| 11 | provisions are not required to implement specified |
| 12 | probable cause panel provisions; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (2) of section 458.331, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 458.331 Grounds for disciplinary action; action by the |
| 20 | board and department.-- |
| 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 who |
| 25 | is found guilty of violating any provision of s. 456.072(1). A |
| 26 | probable cause panel considering disciplinary action against a |
| 27 | physician assistant under s. 456.073 must include one physician |
| 28 | assistant holding an active license to practice as a physician |
| 29 | assistant who has been designated by the Council on Physician |
| 30 | Assistants. The designated physician assistant shall only hear |
| 31 | cases involving disciplinary action against physician |
| 32 | assistants. If the designated physician assistant is not |
| 33 | available at the time the case is heard, the panel may consider |
| 34 | and vote on the case in the absence of the designated physician |
| 35 | assistant. The training requirement set forth in s. 458.307(4) |
| 36 | does not apply to the designated physician assistant. Rulemaking |
| 37 | as set forth in s. 456.073(4) is not required to implement this |
| 38 | subsection. In determining what action is appropriate, the board |
| 39 | must first consider what sanctions are necessary to protect the |
| 40 | public or to compensate the patient. Only after those sanctions |
| 41 | have been imposed may the disciplining authority consider and |
| 42 | include in the order requirements designed to rehabilitate the |
| 43 | physician. All costs associated with compliance with orders |
| 44 | issued under this subsection are the obligation of the |
| 45 | physician. |
| 46 | Section 2. Subsection (2) of section 459.015, Florida |
| 47 | Statutes, is amended to read: |
| 48 | 459.015 Grounds for disciplinary action; action by the |
| 49 | board and department.-- |
| 50 | (2) The board may enter an order denying licensure or |
| 51 | imposing any of the penalties in s. 456.072(2) against any |
| 52 | applicant for licensure or licensee who is found guilty of |
| 53 | violating any provision of subsection (1) of this section or who |
| 54 | is found guilty of violating any provision of s. 456.072(1). A |
| 55 | probable cause panel considering disciplinary action against a |
| 56 | physician assistant under s. 456.073 must include one physician |
| 57 | assistant holding an active license to practice as a physician |
| 58 | assistant who has been designated by the Council on Physician |
| 59 | Assistants. The designated physician assistant shall only hear |
| 60 | cases involving disciplinary action against physician |
| 61 | assistants. If the designated physician assistant is not |
| 62 | available at the time the case is heard, the panel may consider |
| 63 | and vote on the case in the absence of the designated physician |
| 64 | assistant. Rulemaking as set forth in s. 456.073(4) is not |
| 65 | required to implement this subsection. In determining what |
| 66 | action is appropriate, the board must first consider what |
| 67 | sanctions are necessary to protect the public or to compensate |
| 68 | the patient. Only after those sanctions have been imposed may |
| 69 | the disciplining authority consider and include in the order |
| 70 | requirements designed to rehabilitate the physician. All costs |
| 71 | associated with compliance with orders issued under this |
| 72 | subsection are the obligation of the physician. |
| 73 | Section 3. This act shall take effect July 1, 2006. |