CS for CS for SB 2598 First Engrossed
20082598e1
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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; providing that a consultant may contract for
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services to be provided to students enrolled in schools
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for licensure as allopathic and osteopathic physicians or
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physician assistants, nurses, or pharmacists who are
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alleged to be impaired, if requested by the school;
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exempting the department from paying the costs for
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services provided by treatment providers or consultants;
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indemnifying certain schools from liability in civil
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actions under certain circumstances; providing limited
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sovereign immunity for certain program consultants under
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specified contractual conditions; requiring that the
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Department of Financial Services defend legal actions
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against program consultants; 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, requirements for continued care of impaired
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professionals by approved treatment providers, continued
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monitoring by the consultant of the care provided by approved
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treatment providers regarding the professionals under their care,
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and requirements related to the consultant's expulsion of
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professionals from the program and requirements for the continued
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care and monitoring of a professional by the consultant by an
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approved 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 consultant may contract for services to be
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provided, for appropriate compensation, if requested by the
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school, for students enrolled in schools for licensure as
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allopathic physicians or physician assistants under chapter 458,
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osteopathic physicians or physician assistants under chapter 459,
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nurses under chapter 464, or pharmacists under chapter 465 who
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are alleged to be impaired as a result of the misuse or abuse of
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alcohol or drugs, or both, or due to a mental or physical
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condition. The department is not responsible under any
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circumstances for paying the costs of care provided by approved
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treatment providers, and the department is not responsible for
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paying the costs of consultants' services provided for students.
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A medical school accredited by the Liaison Committee on Medical
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Education of the Commission on Osteopathic College Accreditation,
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or other school providing for the education of students enrolled
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in preparation for licensure as allopathic physicians under
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chapter 458 or osteopathic physicians under chapter 459, which is
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governed by accreditation standards requiring notice and the
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provision of due process procedures to students, is not liable in
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any civil action for referring a student to the consultant
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retained by the department or for disciplinary actions that
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adversely affect the status of a student when the disciplinary
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actions are instituted in reasonable reliance on the
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recommendations, reports, or conclusions provided by such
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consultant, if the school, in referring the student or taking
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disciplinary action, adheres to the due process procedures
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adopted by the applicable accreditation entities and if the
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school committed no intentional fraud in carrying out the
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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 indemnify the state for any liabilities
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incurred up to the limits set out in chapter 768.
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2. The consultant establish a quality assurance program to
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monitor services delivered under the contract.
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3. The consultant's quality assurance program, treatment,
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and monitoring records be evaluated quarterly.
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4. The consultant's quality assurance program be subject to
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review and approval by the department.
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5. The consultant operate under policies and procedures
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approved by the department.
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6. 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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7. 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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8. All performance measures and standards be subject to
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verification and approval by the department.
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9. 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.
CODING: Words stricken are deletions; words underlined are additions.