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A bill to be entitled

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An act relating to treatment programs for impaired medical

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

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requirements for consultants retained by the Department of

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Health; authorizing the department to contract with

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consultants to provide treatment services for students of

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allopathic and osteopathic medicine and nursing students

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who are alleged to be impaired; indemnifying certain

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schools from liability in civil actions under certain

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circumstances; providing limited sovereign immunity for

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certain program consultants under specified contractual

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conditions; requiring that the Department of Financial

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Services defend legal actions against program consultants;

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providing an effective date.

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

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

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

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that section, to read:

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     456.076  Treatment programs for impaired practitioners.--

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     (1)  For professions that do not have impaired practitioner

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programs provided for in their practice acts, the department

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shall, by rule, designate approved impaired practitioner programs

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under this section. The department may adopt rules setting forth

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appropriate criteria for approval of treatment providers. The

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

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

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intervention, requirements for evaluating and treating a

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professional, and requirements for the continued care and

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monitoring of a professional by the consultant by an approved

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treatment provider.

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     (2)  The department shall retain one or more impaired

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practitioner consultants. The A consultant shall be a licensee

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under the jurisdiction of the Division of Medical Quality

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Assurance within the department who, and at least one consultant

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must be a practitioner or recovered practitioner licensed under

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

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employing a medical director who must be a practitioner or

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recovered practitioner licensed under chapter 458, chapter 459,

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

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probable cause panel and department in carrying out the

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responsibilities of this section. This shall include working with

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department investigators to determine whether a practitioner is,

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in fact, impaired. The department may contract with the

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consultant, for appropriate compensation, for services to be

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

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schools for licensure as allopathic physicians under chapter 458,

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osteopathic physicians under chapter 459, or nurses under chapter

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464 who are alleged to be impaired as a result of the misuse or

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abuse of alcohol or drugs, or both, or due to a mental or

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physical condition. A medical school accredited by the Liaison

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Committee on Medical Education of the Commission on Osteopathic

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College Accreditation, or other school providing for the

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education of students enrolled in preparation for licensure as

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allopathic physicians under chapter 458 or osteopathic physicians

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under chapter 459, which is governed by accreditation standards

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requiring notice and the provision of due process procedures to

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students, is not liable in any civil action for referring a

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student to the consultant retained by the department or for

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disciplinary actions that adversely affect the status of a

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student when the disciplinary actions are instituted in

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reasonable reliance on the recommendations, reports, or

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conclusions provided by such consultant, if the school, in

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referring the student or taking disciplinary action, adheres to

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the due process procedures adopted by the applicable

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accreditation entities and if the school committed no intentional

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fraud in carrying out the provisions of this section.

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

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

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direction of the consultant for the limited purpose of an

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emergency intervention on behalf of a licensee or student as

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

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perform such intervention shall be considered agents of the

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department for purposes of s. 768.28 while acting within the

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

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department if the contract complies with the requirements of this

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section. The contract must require that:

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     1. The consultant establish a quality assurance program to

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monitor services delivered under the contract.

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

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and monitoring records be evaluated quarterly.

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

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review and approval by the department.

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     4. The consultant operate under policies and procedures

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approved by the department.

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     5. The consultant provide to the department for approval a

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policy and procedure manual that comports with all statutes,

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rules, and contract provisions approved by the department.

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     6. The department be entitled to review the records

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relating to the consultant's performance under the contract for

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the purpose of management audits, financial audits, or program

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evaluation.

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     7. All performance measures and standards be subject to

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verification and approval by the department.

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     8. The department be entitled to terminate the contract

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with the consultant for noncompliance with the contract.

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

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

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proceeding against the consultant, the consultant's officers or

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

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the limited purpose of an emergency intervention on behalf of a

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

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consultant is unable to perform such intervention which is

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

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consultant's officers and employees and those acting under the

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direction of the consultant for the limited purpose of an

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emergency intervention on behalf of a licensee or student as

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

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perform such intervention when such act or omission arises out of

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

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with the department.

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

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

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between such state agency and the consultant complies with the

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

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officers and employees, and those acting under the direction of

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the consultant for the limited purpose of an emergency

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intervention on behalf of a licensee or student as described in

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

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intervention shall be considered agents of the state for the

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purposes of this section while acting within the scope of and

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pursuant to guidelines established in the contract between such

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state agency and the consultant.

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