| 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; authorizing the |
| 5 | Department of Health to contract with consultants to |
| 6 | provide treatment services for allopathic and osteopathic |
| 7 | physician students alleged to be impaired; providing for |
| 8 | absence of liability in civil actions of certain schools |
| 9 | for referring students to such consultants or taking |
| 10 | certain actions without intentional fraud; providing |
| 11 | limited sovereign immunity for certain program consultants |
| 12 | under specific contractual conditions; requiring the |
| 13 | Department of Financial Services to defend actions against |
| 14 | program consultants; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1) and (2) of section 456.076, |
| 19 | Florida Statutes, are amended, and subsection (7) is added to |
| 20 | that section, to read: |
| 21 | 456.076 Treatment programs for impaired practitioners.-- |
| 22 | (1) For professions that do not have impaired practitioner |
| 23 | programs provided for in their practice acts, the department |
| 24 | shall, by rule, designate approved impaired practitioner |
| 25 | programs under this section. The department may adopt rules |
| 26 | setting forth appropriate criteria for approval of treatment |
| 27 | providers. The rules may specify the manner in which the |
| 28 | consultant, retained as set forth in subsection (2), works with |
| 29 | the department in intervention, requirements for evaluating and |
| 30 | treating a professional, and requirements for the continued care |
| 31 | and monitoring of a professional by the consultant by an |
| 32 | approved treatment provider. |
| 33 | (2) The department shall retain one or more impaired |
| 34 | practitioner consultants. The A consultant shall be either a |
| 35 | licensee under the jurisdiction of the Division of Medical |
| 36 | Quality Assurance within the department who, and at least one |
| 37 | consultant must be a practitioner or recovered practitioner |
| 38 | licensed under chapter 458, chapter 459, or part I of chapter |
| 39 | 464 or an entity that employs a medical director who must be a |
| 40 | practitioner or recovered practitioner licensed under chapter |
| 41 | 458, chapter 459, or part I of chapter 464. The consultant shall |
| 42 | assist the probable cause panel and department in carrying out |
| 43 | the responsibilities of this section. This shall include working |
| 44 | with department investigators to determine whether a |
| 45 | practitioner is, in fact, impaired. The department may contract |
| 46 | with the consultant, for appropriate compensation, for services |
| 47 | to be provided, if requested by the school, for students |
| 48 | enrolled in schools in preparation for licensure as allopathic |
| 49 | physicians under chapter 458 or osteopathic physicians under |
| 50 | chapter 459 who are alleged to be impaired as a result of the |
| 51 | misuse or abuse of alcohol or drugs, or both, or due to a mental |
| 52 | or physical condition. No medical school accredited by the |
| 53 | Liaison Committee on Medical Education or Commission on |
| 54 | Osteopathic College Accreditation, or other school that provides |
| 55 | for the education of students enrolled in preparation for |
| 56 | licensure as allopathic physicians under chapter 458 or |
| 57 | osteopathic physicians under chapter 459, which is governed by |
| 58 | accreditation standards that require notice and the provision of |
| 59 | due process procedures to students shall be held liable in any |
| 60 | civil action for referring a student to the consultant retained |
| 61 | by the department or for disciplinary actions that adversely |
| 62 | affect the status of a student when the disciplinary actions are |
| 63 | instituted in reasonable reliance on the recommendations, |
| 64 | reports, or conclusions provided by such consultant, provided |
| 65 | that the school, in referring the student or taking disciplinary |
| 66 | action, adheres to the due process procedures adopted by the |
| 67 | applicable accreditation entities and provided that the school |
| 68 | committed no intentional fraud in carrying out the provisions of |
| 69 | this section. |
| 70 | (7)(a) A consultant retained pursuant to subsection (2), |
| 71 | and its officers and employees and those acting at the direction |
| 72 | of the consultant for the limited purpose of an emergency |
| 73 | intervention of a licensee or student as described in subsection |
| 74 | (2) when the consultant is unable to perform such intervention, |
| 75 | shall be considered agents of the department for purposes of s. |
| 76 | 768.28 while acting within the scope of the contractor's duties |
| 77 | under the contract with the department if the contract complies |
| 78 | with the requirements of this section. The contract must |
| 79 | provide: |
| 80 | 1. That the consultant establish a quality assurance |
| 81 | program to monitor services delivered under the contract. |
| 82 | 2. That the consultant's quality assurance program, |
| 83 | treatment, and monitoring records be evaluated quarterly. |
| 84 | 3. That the consultant's quality assurance program be |
| 85 | subject to review and approval by the department. |
| 86 | 4. That the consultant operate under policies and |
| 87 | procedures approved by the department. |
| 88 | 5. That the consultant provide to the department for |
| 89 | approval a policy and procedure manual that comports with all |
| 90 | statutes, rules, and contract provisions approved by the |
| 91 | department. |
| 92 | 6. That the department be entitled to review the records |
| 93 | relating to the consultant's performance under the contract for |
| 94 | the purpose of management audits, financial audits, or program |
| 95 | evaluation. |
| 96 | 7. That all performance measures and standards be subject |
| 97 | to verification and approval by the department. |
| 98 | 8. That the department be entitled to terminate the |
| 99 | contract with the consultant for noncompliance with the |
| 100 | contract. |
| 101 | (b) In accordance with s. 284.385, the Department of |
| 102 | Financial Services shall defend any claim, suit, action, or |
| 103 | proceeding against the consultant, or its officers or employees |
| 104 | or those acting at the direction of the consultant for the |
| 105 | limited purpose of an emergency intervention of a licensee or |
| 106 | student as described in subsection (2) when the consultant is |
| 107 | unable to perform such intervention, brought as a result of any |
| 108 | act or omission of action of any of its officers and employees |
| 109 | and those acting at the direction of the consultant for the |
| 110 | limited purpose of an emergency intervention of a licensee or |
| 111 | student as described in subsection (2) when the consultant is |
| 112 | unable to perform such intervention, when such act or omission |
| 113 | arises out of and in the scope of the consultant's duties under |
| 114 | its contract with the department. |
| 115 | (c) If the consultant retained pursuant to subsection (2) |
| 116 | is retained by any other state agency, and if the contract |
| 117 | between such state agency and the consultant complies with the |
| 118 | requirements of this section, then the consultant, and its |
| 119 | officers and employees and those acting at the direction of the |
| 120 | consultant for the limited purpose of an emergency intervention |
| 121 | of a licensee or student as described in subsection (2) when the |
| 122 | consultant is unable to perform such intervention, shall be |
| 123 | considered agents of the state for the purposes of this section, |
| 124 | while acting within the scope of and pursuant to guidelines |
| 125 | established in the contract between such state agency and the |
| 126 | consultant. |
| 127 | Section 2. This act shall take effect July 1, 2007. |