CS/HB 739

1
A bill to be entitled
2An act relating to treatment programs for impaired
3practitioners; amending s. 456.076, F.S.; revising
4requirements for program consultants; authorizing the
5Department of Health to contract with consultants to
6provide treatment services for allopathic and osteopathic
7physician students alleged to be impaired; providing for
8absence of liability in civil actions of certain schools
9for referring students to such consultants or taking
10certain actions without intentional fraud; providing
11limited sovereign immunity for certain program consultants
12under specific contractual conditions; requiring the
13Department of Financial Services to defend actions against
14program consultants; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (1) and (2) of section 456.076,
19Florida Statutes, are amended, and subsection (7) is added to
20that section, to read:
21     456.076  Treatment programs for impaired practitioners.--
22     (1)  For professions that do not have impaired practitioner
23programs provided for in their practice acts, the department
24shall, by rule, designate approved impaired practitioner
25programs under this section. The department may adopt rules
26setting forth appropriate criteria for approval of treatment
27providers. The rules may specify the manner in which the
28consultant, retained as set forth in subsection (2), works with
29the department in intervention, requirements for evaluating and
30treating a professional, and requirements for the continued care
31and monitoring of a professional by the consultant by an
32approved treatment provider.
33     (2)  The department shall retain one or more impaired
34practitioner consultants. The A consultant shall be either a
35licensee under the jurisdiction of the Division of Medical
36Quality Assurance within the department who, and at least one
37consultant must be a practitioner or recovered practitioner
38licensed under chapter 458, chapter 459, or part I of chapter
39464 or an entity that employs a medical director who must be a
40practitioner or recovered practitioner licensed under chapter
41458, chapter 459, or part I of chapter 464. The consultant shall
42assist the probable cause panel and department in carrying out
43the responsibilities of this section. This shall include working
44with department investigators to determine whether a
45practitioner is, in fact, impaired. The department may contract
46with the consultant, for appropriate compensation, for services
47to be provided, if requested by the school, for students
48enrolled in schools in preparation for licensure as allopathic
49physicians under chapter 458 or osteopathic physicians under
50chapter 459 who are alleged to be impaired as a result of the
51misuse or abuse of alcohol or drugs, or both, or due to a mental
52or physical condition. No medical school accredited by the
53Liaison Committee on Medical Education or Commission on
54Osteopathic College Accreditation, or other school that provides
55for the education of students enrolled in preparation for
56licensure as allopathic physicians under chapter 458 or
57osteopathic physicians under chapter 459, which is governed by
58accreditation standards that require notice and the provision of
59due process procedures to students shall be held liable in any
60civil action for referring a student to the consultant retained
61by the department or for disciplinary actions that adversely
62affect the status of a student when the disciplinary actions are
63instituted in reasonable reliance on the recommendations,
64reports, or conclusions provided by such consultant, provided
65that the school, in referring the student or taking disciplinary
66action, adheres to the due process procedures adopted by the
67applicable accreditation entities and provided that the school
68committed no intentional fraud in carrying out the provisions of
69this section.
70     (7)(a)  A consultant retained pursuant to subsection (2),
71and its officers and employees and those acting at the direction
72of the consultant for the limited purpose of an emergency
73intervention of a licensee or student as described in subsection
74(2) when the consultant is unable to perform such intervention,
75shall be considered agents of the department for purposes of s.
76768.28 while acting within the scope of the contractor's duties
77under the contract with the department if the contract complies
78with the requirements of this section. The contract must
79provide:
80     1.  That the consultant establish a quality assurance
81program to monitor services delivered under the contract.
82     2.  That the consultant's quality assurance program,
83treatment, and monitoring records be evaluated quarterly.
84     3.  That the consultant's quality assurance program be
85subject to review and approval by the department.
86     4.  That the consultant operate under policies and
87procedures approved by the department.
88     5.  That the consultant provide to the department for
89approval a policy and procedure manual that comports with all
90statutes, rules, and contract provisions approved by the
91department.
92     6.  That the department be entitled to review the records
93relating to the consultant's performance under the contract for
94the purpose of management audits, financial audits, or program
95evaluation.
96     7.  That all performance measures and standards be subject
97to verification and approval by the department.
98     8.  That the department be entitled to terminate the
99contract with the consultant for noncompliance with the
100contract.
101     (b)  In accordance with s. 284.385, the Department of
102Financial Services shall defend any claim, suit, action, or
103proceeding against the consultant, or its officers or employees
104or those acting at the direction of the consultant for the
105limited purpose of an emergency intervention of a licensee or
106student as described in subsection (2) when the consultant is
107unable to perform such intervention, brought as a result of any
108act or omission of action of any of its officers and employees
109and those acting at the direction of the consultant for the
110limited purpose of an emergency intervention of a licensee or
111student as described in subsection (2) when the consultant is
112unable to perform such intervention, when such act or omission
113arises out of and in the scope of the consultant's duties under
114its contract with the department.
115     (c)  If the consultant retained pursuant to subsection (2)
116is retained by any other state agency, and if the contract
117between such state agency and the consultant complies with the
118requirements of this section, then the consultant, and its
119officers and employees and those acting at the direction of the
120consultant for the limited purpose of an emergency intervention
121of a licensee or student as described in subsection (2) when the
122consultant is unable to perform such intervention, shall be
123considered agents of the state for the purposes of this section,
124while acting within the scope of and pursuant to guidelines
125established in the contract between such state agency and the
126consultant.
127     Section 2.  This act shall take effect July 1, 2007.


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