Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. PCS (805502) for SB 1760
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LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Grimsley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 2450 - 2473
4 and insert:
5 Section 90. Paragraph (i) of subsection (1) of section
6 458.331, Florida Statutes, is amended to read:
7 458.331 Grounds for disciplinary action; action by the
8 board and department.—
9 (1) The following acts constitute grounds for denial of a
10 license or disciplinary action, as specified in s. 456.072(2):
11 (i) Paying or receiving any commission, bonus, kickback, or
12 rebate, or engaging in any split-fee arrangement in any form
13 whatsoever with a physician, organization, agency, or person,
14 either directly or indirectly, for patients referred to
15 providers of health care goods and services, including, but not
16 limited to, hospitals, nursing homes, clinical laboratories,
17 ambulatory surgical centers, or pharmacies. The provisions of
18 This paragraph may shall not be construed to prevent a physician
19 from receiving one or more of the following forms of payment or
20 compensation:
21 1. A fee for professional consultation services; or
22 2. If the physician is an employee or independent
23 contractor of the entity compensating the physician, a share of:
24 a. Profits, collections, or revenues based on the
25 professional services rendered or directly supervised by the
26 physician and provided on behalf of the entity compensating the
27 physician; or
28 b. Overall profit or revenue of the entity compensating the
29 physician provided that such share is not determined in a manner
30 that directly takes into account the volume or value of services
31 ordered by, but not performed or directly supervised by, the
32 physician.
33 Section 91. Subsection (1) of section 458.345, Florida
34 Statutes, is amended to read:
35 458.345 Registration of resident physicians, interns, and
36 fellows; list of hospital employees; prescribing of medicinal
37 drugs; penalty.—
38 (1) Any person desiring to practice as a resident
39 physician, assistant resident physician, house physician,
40 intern, or fellow in fellowship training which leads to
41 subspecialty board certification in this state, or any person
42 desiring to practice as a resident physician, assistant resident
43 physician, house physician, intern, or fellow in fellowship
44 training in a teaching hospital in this state as defined in s.
45 408.07(44) s. 408.07(45) or s. 395.805(2), who does not hold a
46 valid, active license issued under this chapter shall apply to
47 the department to be registered and shall remit a fee not to
48 exceed $300 as set by the board. The department shall register
49 any applicant the board certifies has met the following
50 requirements:
51 (a) Is at least 21 years of age.
52 (b) Has not committed any act or offense within or without
53 the state which would constitute the basis for refusal to
54 certify an application for licensure pursuant to s. 458.331.
55 (c) Is a graduate of a medical school or college as
56 specified in s. 458.311(1)(f).
57 Section 92. Paragraph (j) of subsection (1) of section
58 459.015, Florida Statutes, is amended to read:
59 459.015 Grounds for disciplinary action; action by the
60 board and department.—
61 (1) The following acts constitute grounds for denial of a
62 license or disciplinary action, as specified in s. 456.072(2):
63 (j) Paying or receiving any commission, bonus, kickback, or
64 rebate, or engaging in any split-fee arrangement in any form
65 whatsoever with a physician, organization, agency, person,
66 partnership, firm, corporation, or other business entity, for
67 patients referred to providers of health care goods and
68 services, including, but not limited to, hospitals, nursing
69 homes, clinical laboratories, ambulatory surgical centers, or
70 pharmacies. The provisions of This paragraph may shall not be
71 construed to prevent an osteopathic physician from receiving one
72 or more of the following forms of payment or compensation:
73 1. A fee for professional consultation services; or
74 2. If the osteopathic physician is an employee or
75 independent contractor of the entity compensating the
76 osteopathic physician, a share of:
77 a. Profits, collections, or revenues based on the
78 professional services rendered or directly supervised by the
79 osteopathic physician and provided on behalf of the entity
80 compensating the osteopathic physician; or
81 b. Overall profit or revenue of the entity compensating the
82 osteopathic physician provided that such share is not determined
83 in a manner that directly takes into account the volume or value
84 of services ordered by, but not performed or directly supervised
85 by, the osteopathic physician.
86
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete line 189
90 and insert:
91 Enforcement; amending ss. 458.331 and 459.015, F.S.;
92 revising an exemption relating to grounds for
93 disciplinary action by the Boards of Medicine and
94 Osteopathic Medicine and the Department of Health to
95 authorize specified forms of payment to a physician or
96 osteopathic physician, respectively; repealing part I
97 of ch. 483, F.S.,