1

A bill to be entitled

2

An act relating to treatment programs for impaired

3

medical practitioners; amending s. 456.076, F.S.;

4

revising requirements for consultants retained by the

5

Department of Health; authorizing the department to

6

contract with consultants to provide treatment

7

services for students of allopathic and osteopathic

8

medicine who are alleged to be impaired; indemnifying

9

certain schools from liability in civil actions under

10

certain circumstances; providing limited sovereign

11

immunity for certain program consultants under

12

specified contractual conditions; requiring that the

13

Department of Financial Services defend legal actions

14

against program consultants; providing an effective

15

date.

16

17

Be It Enacted by the Legislature of the State of Florida:

18

19

     Section 1.  Subsections (1) and (2) of section 456.076,

20

Florida Statutes, are amended, and subsection (7) is added to

21

that section, to read:

22

     456.076  Treatment programs for impaired practitioners.--

23

     (1)  For professions that do not have impaired practitioner

24

programs provided for in their practice acts, the department

25

shall, by rule, designate approved impaired practitioner programs

26

under this section. The department may adopt rules setting forth

27

appropriate criteria for approval of treatment providers. The

28

rules may specify the manner in which the consultant, retained as

29

set forth in subsection (2), works with the department in

30

intervention, requirements for evaluating and treating a

31

professional, and requirements for the continued care and

32

monitoring of a professional by the consultant by an approved

33

treatment provider.

34

     (2)  The department shall retain one or more impaired

35

practitioner consultants. The A consultant shall be a licensee

36

under the jurisdiction of the Division of Medical Quality

37

Assurance within the department who, and at least one consultant

38

must be a practitioner or recovered practitioner licensed under

39

chapter 458, chapter 459, or part I of chapter 464, or an entity

40

employing a medical director who must be a practitioner or

41

recovered practitioner licensed under chapter 458, chapter 459,

42

or part I of chapter 464. The consultant shall assist the

43

probable cause panel and department in carrying out the

44

responsibilities of this section. This shall include working with

45

department investigators to determine whether a practitioner is,

46

in fact, impaired. The department may contract with the

47

consultant, for appropriate compensation, for services to be

48

provided, if requested by the school, for students enrolled in

49

schools for licensure as allopathic physicians under chapter 458

50

or osteopathic physicians under chapter 459 who are alleged to be

51

impaired as a result of the misuse or abuse of alcohol or drugs,

52

or both, or due to a mental or physical condition. A medical

53

school accredited by the Liaison Committee on Medical Education

54

of the Commission on Osteopathic College Accreditation, or other

55

school providing for the education of students enrolled in

56

preparation for licensure as allopathic physicians under chapter

57

458 or osteopathic physicians under chapter 459, which is

58

governed by accreditation standards requiring notice and the

59

provision of due process procedures to students, is not liable in

60

any civil action for referring a student to the consultant

61

retained by the department or for disciplinary actions that

62

adversely affect the status of a student when the disciplinary

63

actions are instituted in reasonable reliance on the

64

recommendations, reports, or conclusions provided by such

65

consultant, if the school, in referring the student or taking

66

disciplinary action, adheres to the due process procedures

67

adopted by the applicable accreditation entities and if the

68

school committed no intentional fraud in carrying out the

69

provisions of this section.

70

     (7)(a) A consultant retained pursuant to subsection (2), a

71

consultant's officers and employees, and those acting at the

72

direction of the consultant for the limited purpose of an

73

emergency intervention on behalf of a licensee or student as

74

described in subsection (2) when the consultant is unable to

75

perform such intervention shall be considered agents of the

76

department for purposes of s. 768.28 while acting within the

77

scope of the consultant's duties under the contract with the

78

department if the contract complies with the requirements of this

79

section. The contract must require that:

80

     1. The consultant establish a quality assurance program to

81

monitor services delivered under the contract.

82

     2. The consultant's quality assurance program, treatment,

83

and monitoring records be evaluated quarterly.

84

     3. The consultant's quality assurance program be subject to

85

review and approval by the department.

86

     4. The consultant operate under policies and procedures

87

approved by the department.

88

     5. The consultant provide to the department for approval a

89

policy and procedure manual that comports with all statutes,

90

rules, and contract provisions approved by the department.

91

     6. The department be entitled to review the records

92

relating to the consultant's performance under the contract for

93

the purpose of management audits, financial audits, or program

94

evaluation.

95

     7. All performance measures and standards be subject to

96

verification and approval by the department.

97

     8. The department be entitled to terminate the contract

98

with the consultant for noncompliance with the contract.

99

     (b) In accordance with s. 284.385, the Department of

100

Financial Services shall defend any claim, suit, action, or

101

proceeding against the consultant, the consultant's officers or

102

employees, or those acting at the direction of the consultant for

103

the limited purpose of an emergency intervention on behalf of a

104

licensee or student as described in subsection (2) when the

105

consultant is unable to perform such intervention which is

106

brought as a result of any act or omission by any of the

107

consultant's officers and employees and those acting under the

108

direction of the consultant for the limited purpose of an

109

emergency intervention on behalf of a licensee or student as

110

described in subsection (2) when the consultant is unable to

111

perform such intervention when such act or omission arises out of

112

and in the scope of the consultant's duties under its contract

113

with the department.

114

     (c) If the consultant retained pursuant to subsection (2)

115

is retained by any other state agency, and if the contract

116

between such state agency and the consultant complies with the

117

requirements of this section, the consultant, the consultant's

118

officers and employees, and those acting under the direction of

119

the consultant for the limited purpose of an emergency

120

intervention on behalf of a licensee or student as described in

121

subsection (2) when the consultant is unable to perform such

122

intervention shall be considered agents of the state for the

123

purposes of this section while acting within the scope of and

124

pursuant to guidelines established in the contract between such

125

state agency and the consultant.

126

     Section 2.  This act shall take effect July 1, 2008.