Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Barcode 614922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             03/09/2012 05:47 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 407 and 408
    4  insert:
    5         Section 10. Paragraph (b) of subsection (1) of section
    6  483.23, Florida Statutes, is amended to read:
    7         483.23 Offenses; criminal penalties.—
    8         (1)
    9         (b) The performance of any act specified in paragraph (a)
   10  shall be referred by the agency to the local law enforcement
   11  agency and constitutes a misdemeanor of the second degree,
   12  punishable as provided in s. 775.082 or s. 775.083.
   13  Additionally, the agency may issue and deliver a notice to cease
   14  and desist from such act and may impose by citation an
   15  administrative penalty not to exceed $5,000 per act. Each day
   16  that unlicensed activity continues after issuance of a notice to
   17  cease and desist constitutes a separate act.
   18         Section 11. Subsection (1) of section 483.245, Florida
   19  Statutes, is amended, and subsection (3) is added to that
   20  section, to read:
   21         483.245 Rebates prohibited; penalties.—
   22         (1) It is unlawful for any person to pay or receive any
   23  commission, bonus, kickback, or rebate or engage in any split
   24  fee arrangement in any form whatsoever with any dialysis
   25  facility, physician, surgeon, organization, agency, or person,
   26  either directly or indirectly, for patients referred to a
   27  clinical laboratory licensed under this part. A clinical
   28  laboratory is prohibited from providing, directly or indirectly,
   29  through employees, contractors, an independent staffing company,
   30  lease agreement, or otherwise, personnel to perform any
   31  functions or duties in a physician’s office, or any part of a
   32  physician’s office, for any purpose whatsoever, including for
   33  the collection or handling of specimens, unless the laboratory
   34  and the physician’s office are wholly owned and operated by the
   35  same entity. A clinical laboratory is prohibited from leasing
   36  space within any part of a physician’s office for any purpose,
   37  including for the purpose of establishing a collection station.
   38         (3) The agency shall promptly investigate all complaints of
   39  noncompliance with subsection (1). The agency shall impose a
   40  fine of $5,000 for each separate violation of subsection (1). In
   41  addition, the agency shall deny an application for a license or
   42  license renewal if the applicant, or any other entity having one
   43  or more common controlling interests in the applicant,
   44  demonstrates a pattern of violating subsection (1). A pattern
   45  may be demonstrated by a showing of at least two such
   46  violations.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete line 42
   51  and insert:
   52         years of full-time practice in pain medicine; amending
   53         s. 483.23, F.S.; requiring the agency to refer
   54         criminal acts regarding the operation of a clinical
   55         laboratory to a local law enforcement agency;
   56         authorizing the agency to issue and deliver notice to
   57         cease and desist and impose an administrative penalty
   58         for each act; amending s. 483.245, F.S.; providing
   59         that a clinical laboratory is prohibited from
   60         providing personnel to perform functions or duties in
   61         a physician’s office unless the laboratory and the
   62         physician’s office are owned and operated by the same
   63         entity; prohibiting a clinical laboratory from leasing
   64         space in a physician’s office; requiring the agency to
   65         investigate complaints, impose fines, and deny an
   66         application for a license or license renewal under
   67         certain circumstances; amending