| 1 | A bill to be entitled |
| 2 | An act relating to treatment programs for impaired |
| 3 | practitioners; amending s. 456.076, F.S.; revising |
| 4 | requirements for program consultants; requiring |
| 5 | consultants to provide treatment services for all health |
| 6 | professions and occupations students alleged to be |
| 7 | impaired; providing limited sovereign immunity for certain |
| 8 | program consultants; requiring the Department of Legal |
| 9 | Affairs to defend actions against program consultants; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsections (1) and (2) of section 456.076, |
| 15 | Florida Statutes, are amended, and subsection (7) is added to |
| 16 | that section, to read: |
| 17 | 456.076 Treatment programs for impaired practitioners.-- |
| 18 | (1) For professions that do not have impaired practitioner |
| 19 | programs provided for in their practice acts, the department |
| 20 | shall, by rule, designate approved impaired practitioner |
| 21 | programs under this section. The department may adopt rules |
| 22 | setting forth appropriate criteria for approval of treatment |
| 23 | providers. The rules may specify the manner in which the |
| 24 | consultant, retained as set forth in subsection (2), works with |
| 25 | the department in intervention, requirements for evaluating and |
| 26 | treating a professional, and requirements for the continued care |
| 27 | and monitoring of a professional by the consultant by an |
| 28 | approved treatment provider. |
| 29 | (2) The department shall retain one or more impaired |
| 30 | practitioner consultants. A consultant shall be a licensee under |
| 31 | the jurisdiction of the Division of Medical Quality Assurance |
| 32 | within the department who, and at least one consultant must be a |
| 33 | practitioner or recovered practitioner licensed under chapter |
| 34 | 458, chapter 459, or part I of chapter 464 or an entity that |
| 35 | employs a medical director who must be a practitioner or |
| 36 | recovered practitioner licensed under chapter 458, chapter 459, |
| 37 | or part I of chapter 464. The consultant shall assist the |
| 38 | probable cause panel and department in carrying out the |
| 39 | responsibilities of this section. This shall include working |
| 40 | with department investigators to determine whether a |
| 41 | practitioner is, in fact, impaired. The consultant shall also |
| 42 | provide, pursuant to contract with the department for |
| 43 | appropriate compensation, services for students enrolled in |
| 44 | schools for licensure under chapter 456 who are alleged to be |
| 45 | impaired as a result of the misuse or abuse of alcohol or drugs, |
| 46 | or both, or due to a mental or physical condition. |
| 47 | (7)(a) An impaired practitioner consultant, and its |
| 48 | officers, employees, and agents, retained pursuant to subsection |
| 49 | (2) shall be considered an agent of the department for purposes |
| 50 | of s. 768.28, while acting within the scope of its duties under |
| 51 | the contract with the department. |
| 52 | (b) The Department of Legal Affairs shall defend any |
| 53 | claim, suit, action, or proceeding against the consultant or its |
| 54 | officers, employees, or agents brought as a result of any act or |
| 55 | omission of action of any of its officers, employees, or agents |
| 56 | for an act or omission arising out of and in the scope of the |
| 57 | consultant's duties under its contract with the department. |
| 58 | Section 2. This act shall take effect July 1, 2007. |