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