Florida Senate - 2017 SB 876
By Senator Young
18-00542-17 2017876__
1 A bill to be entitled
2 An act relating to programs for impaired health care
3 practitioners; amending s. 456.076, F.S.; revising
4 provisions related to impaired practitioner programs;
5 providing definitions; deleting a requirement that the
6 Department of Health designate approved programs by
7 rule; deleting a requirement authorizing the
8 department to adopt by rule the manner in which
9 consultants work with the department in intervention,
10 in evaluating and treating professionals, in providing
11 and monitoring continued care of impaired
12 professionals, and in expelling professionals from the
13 program; authorizing, instead of requiring, the
14 department to retain one or more consultants to
15 operate its impaired practitioner program; requiring
16 the department to establish the terms and conditions
17 of the program by contract; providing contract terms;
18 requiring consultants to establish the terms of
19 monitoring impaired practitioners; authorizing
20 consultants to consider the recommendations of certain
21 persons in establishing the terms of monitoring;
22 authorizing consultants to modify monitoring terms to
23 protect the health, safety, and welfare of the public;
24 requiring consultants to assist the department and
25 licensure boards on matters relating to impaired
26 practitioners; requiring the department to refer
27 practitioners to consultants under certain
28 circumstances; authorizing consultants to withhold
29 certain information about self-reporting participants
30 from the department under certain circumstances to
31 encourage self-reporting; requiring consultants to
32 disclose all information relating to practitioners who
33 are terminated from the program for material
34 noncompliance; providing that all information obtained
35 by a consultant retains its confidential or exempt
36 status; providing that consultants, and certain agents
37 of consultants, may not be held liable financially or
38 have a cause of action for damages brought against
39 them for disclosing certain information or for any
40 other act or omission relating to the program;
41 authorizing consultants to contract with a school or
42 program to provide services to certain students;
43 amending s. 401.411, F.S.; providing that an impaired
44 practitioner may be reported to a consultant rather
45 than the department under certain circumstances;
46 amending s. 455.227, F.S.; conforming provisions to
47 changes made by the act; amending ss. 456.072,
48 457.109, 458.331, 459.015, 460.413, 461.013, 462.14,
49 463.016, and 464.018, F.S.; providing that an impaired
50 practitioner may be reported to a consultant rather
51 than the department under certain circumstances;
52 amending s. 464.204, F.S.; conforming provisions to
53 changes made by the act; amending ss. 465.016,
54 466.028, 467.203, 468.217, and 468.3101, F.S.;
55 providing that an impaired practitioner may be
56 reported to a consultant rather than the department
57 under certain circumstances; amending s. 474.221,
58 F.S.; conforming provisions to changes made by the
59 act; amending s. 483.825, F.S.; providing that certain
60 persons may be reported to a consultant rather than
61 the department under certain circumstances; providing
62 an effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Section 456.076, Florida Statutes, is amended to
67 read:
68 456.076 Impaired practitioner programs Treatment programs
69 for impaired practitioners.—
70 (1) As used in this section, the term:
71 (a) “Consultant” means the individual or entity who
72 operates an approved impaired practitioner program pursuant to a
73 contract with the department and who is retained by the
74 department as provided in subsection (2).
75 (b) “Evaluator” means a state-licensed or nationally
76 certified individual who has been approved by a consultant or
77 the department, who has completed an evaluator training program
78 established by the consultant, and who is therefore authorized
79 to evaluate practitioners as part of an impaired practitioner
80 program.
81 (c) “Impaired practitioner” means a practitioner with an
82 impairment.
83 (d) “Impaired practitioner program” means a program
84 established by the department by contract with one or more
85 consultants to serve impaired and potentially impaired
86 practitioners for the protection of the health, safety, and
87 welfare of the public.
88 (e) “Impairment” means a potentially impairing health
89 condition that is the result of the misuse or abuse of alcohol,
90 drugs, or both or a mental or physical condition that could
91 affect a practitioner’s ability to practice with skill and
92 safety.
93 (f) “Inability to progress” means a determination by a
94 consultant based on a participant’s response to treatment and
95 prognosis that the participant is unable to safely practice
96 despite compliance with treatment requirements and his or her
97 participant contract.
98 (g) “Material noncompliance” means an act or omission by a
99 participant in violation of his or her participant contract as
100 determined by the department or consultant.
101 (h) “Participant” means a practitioner who is participating
102 in the impaired practitioner program by having entered into a
103 participant contract. A practitioner ceases to be a participant
104 when the participant contract is successfully completed or is
105 terminated for any reason.
106 (i) “Participant contract” means a formal written document
107 outlining the requirements established by a consultant for a
108 participant to successfully complete the impaired practitioner
109 program, including the participant’s monitoring plan.
110 (j) “Practitioner” means a person licensed, registered,
111 certified, or regulated by the department under part III of
112 chapter 401; chapters 457 through 467; part I, part II, part
113 III, part V, part X, part XIII, or part XIV of chapter 468;
114 chapter 478; chapter 480; part III or part IV of chapter 483;
115 chapter 484; chapter 486; chapter 490; or chapter 491; or an
116 applicant under the same laws.
117 (k) “Referral” means a practitioner who has been referred
118 to a consultant for impaired practitioner program services,
119 either as a self-referral or otherwise, but who is not under a
120 participant contract.
121 (l) “Treatment program” means a department- or consultant
122 approved residential, intensive outpatient, partial
123 hospitalization, or other program through which an impaired
124 practitioner is treated based on the impaired practitioner’s
125 diagnosis and the treatment plan approved by the consultant.
126 (m) “Treatment provider” means a department- or consultant
127 approved state-licensed or nationally certified individual who
128 provides treatment to an impaired practitioner based on the
129 practitioner’s individual diagnosis and a treatment plan
130 approved by the consultant For professions that do not have
131 impaired practitioner programs provided for in their practice
132 acts, the department shall, by rule, designate approved impaired
133 practitioner programs under this section. The department may
134 adopt rules setting forth appropriate criteria for approval of
135 treatment providers. The rules may specify the manner in which
136 the consultant, retained as set forth in subsection (2), works
137 with the department in intervention, requirements for evaluating
138 and treating a professional, requirements for continued care of
139 impaired professionals by approved treatment providers,
140 continued monitoring by the consultant of the care provided by
141 approved treatment providers regarding the professionals under
142 their care, and requirements related to the consultant’s
143 expulsion of professionals from the program.
144 (2)(a) The department may shall retain one or more impaired
145 practitioner consultants to operate its impaired practitioner
146 program. Each consultant who are each licensees under the
147 jurisdiction of the Division of Medical Quality Assurance within
148 the department and who must be:
149 (a)1. A practitioner or recovered practitioner licensed
150 under chapter 458, chapter 459, or part I of chapter 464; or
151 (b)2. An entity that employs:
152 1.a. A medical director who is must be a practitioner or
153 recovered practitioner licensed under chapter 458 or chapter
154 459; or
155 2.b. An executive director who is must be a registered
156 nurse or a recovered registered nurse licensed under part I of
157 chapter 464.
158 (3) The terms and conditions of the impaired practitioner
159 program must be established by the department by contract with
160 each consultant for the protection of the health, safety, and
161 welfare of the public and must provide, at a minimum, for each
162 consultant to accept referrals of practitioners who have or are
163 suspected of having an impairment, arrange for the evaluation
164 and treatment of such practitioners as recommended by the
165 consultant, and monitor the recovery progress and status of
166 impaired practitioners to ensure that such practitioners are
167 able to practice the profession in which they are licensed with
168 skill and safety until such time as the consultant or department
169 concludes that monitoring by the consultant is no longer
170 required for the protection of the public or the practitioner’s
171 participation in the program is terminated for material
172 noncompliance or inability to progress.
173 (4) The department shall specify, in its contract with each
174 consultant, the types of licenses, registrations, or
175 certifications of the practitioners to be served by that
176 consultant.
177 (5) A consultant shall establish the terms of monitoring of
178 an impaired practitioner and shall include the terms in a
179 participant contract. In establishing the terms of monitoring,
180 the consultant may consider the recommendations of one or more
181 approved evaluators, treatment programs, or treatment providers.
182 A consultant may modify the terms of monitoring if the
183 consultant concludes, through the course of monitoring, that
184 extended, additional, or amended terms of monitoring are
185 required for the protection of the health, safety, and welfare
186 of the public.
187 (6) A consultant may not evaluate, treat, or otherwise
188 provide direct patient care to practitioners in the operation of
189 the impaired practitioner program.
190 (7)(b) A An entity retained as an impaired practitioner
191 consultant under this section which employs a medical director
192 or an executive director is not required to be licensed as a
193 substance abuse provider or mental health treatment provider
194 under chapter 394, chapter 395, or chapter 397 for purposes of
195 providing services under this program.
196 (8)(c)1. Each The consultant shall assist the department
197 and licensure boards on matters of impaired practitioners,
198 including the determination of probable cause panel and the
199 department in carrying out the responsibilities of this section.
200 This includes working with department investigators to determine
201 whether a practitioner is, in fact, impaired, as specified in
202 the consultant’s contract with the department.
203 2. The consultant may contract with a school or program to
204 provide services to a student enrolled for the purpose of
205 preparing for licensure as a health care practitioner as defined
206 in this chapter or as a veterinarian under chapter 474 if the
207 student is allegedly impaired as a result of the misuse or abuse
208 of alcohol or drugs, or both, or due to a mental or physical
209 condition. The department is not responsible for paying for the
210 care provided by approved treatment providers or a consultant.
211 (d) A medical school accredited by the Liaison Committee on
212 Medical Education or the Commission on Osteopathic College
213 Accreditation, or another school providing for the education of
214 students enrolled in preparation for licensure as a health care
215 practitioner as defined in this chapter or a veterinarian under
216 chapter 474 which is governed by accreditation standards
217 requiring notice and the provision of due process procedures to
218 students, is not liable in any civil action for referring a
219 student to the consultant retained by the department or for
220 disciplinary actions that adversely affect the status of a
221 student when the disciplinary actions are instituted in
222 reasonable reliance on the recommendations, reports, or
223 conclusions provided by such consultant, if the school, in
224 referring the student or taking disciplinary action, adheres to
225 the due process procedures adopted by the applicable
226 accreditation entities and if the school committed no
227 intentional fraud in carrying out the provisions of this
228 section.
229 (9)(3) Before certifying or declining to certify an
230 application for licensure to the department, each board and
231 profession within the Division of Medical Quality Assurance may
232 delegate to its chair or other designee its authority to
233 determine, before certifying or declining to certify an
234 application for licensure to the department, that an applicant
235 for licensure under its jurisdiction may have an impairment be
236 impaired as a result of the misuse or abuse of alcohol or drugs,
237 or both, or due to a mental or physical condition that could
238 affect the applicant’s ability to practice with skill and
239 safety. Upon such determination, the chair or other designee may
240 refer the applicant to the consultant to facilitate for an
241 evaluation before the board certifies or declines to certify his
242 or her application to the department. If the applicant agrees to
243 be evaluated by the consultant, the department’s deadline for
244 approving or denying the application pursuant to s. 120.60(1) is
245 tolled until the evaluation is completed and the result of the
246 evaluation and recommendation by the consultant is communicated
247 to the board by the consultant. If the applicant declines to be
248 evaluated by the consultant, the board shall certify or decline
249 to certify the applicant’s application to the department
250 notwithstanding the lack of an evaluation and recommendation by
251 the consultant.
252 (10)(4)(a) When Whenever the department receives a written
253 or oral legally sufficient complaint alleging that a
254 practitioner has an impairment licensee under the jurisdiction
255 of the Division of Medical Quality Assurance within the
256 department is impaired as a result of the misuse or abuse of
257 alcohol or drugs, or both, or due to a mental or physical
258 condition which could affect the licensee’s ability to practice
259 with skill and safety, and no complaint exists against the
260 practitioner licensee other than impairment exists, the
261 department shall refer the practitioner to the consultant, along
262 with all information in the department’s possession relating to
263 the impairment. The impairment does reporting of such
264 information shall not constitute grounds for discipline pursuant
265 to s. 456.072 or the corresponding grounds for discipline within
266 the applicable practice act if the probable cause panel of the
267 appropriate board, or the department when there is no board,
268 finds:
269 1. The practitioner licensee has acknowledged the
270 impairment problem.
271 2. The practitioner becomes a participant licensee has
272 voluntarily enrolled in an impaired practitioner program and
273 successfully completes a participant contract under terms
274 established by the consultant appropriate, approved treatment
275 program.
276 3. The practitioner licensee has voluntarily withdrawn from
277 practice or has limited the scope of his or her practice if as
278 required by the consultant, in each case, until such time as the
279 panel, or the department when there is no board, is satisfied
280 the licensee has successfully completed an approved treatment
281 program.
282 4. The practitioner licensee has provided to the
283 consultant, or has authorized the consultant to obtain, all
284 records and information relating to the impairment from any
285 source and all other medical records of the practitioner
286 requested by the consultant executed releases for medical
287 records, authorizing the release of all records of evaluations,
288 diagnoses, and treatment of the licensee, including records of
289 treatment for emotional or mental conditions, to the consultant.
290 The consultant shall make no copies or reports of records that
291 do not regard the issue of the licensee’s impairment and his or
292 her participation in a treatment program.
293 5. The practitioner has authorized the consultant, in the
294 event of the practitioner’s termination from the impaired
295 practitioner program, to report the termination to the
296 department and provide the department with copies of all
297 information in the consultant’s possession relating to the
298 practitioner.
299 (b) To encourage practitioners who are or may be impaired
300 to voluntarily self-report to a consultant, the consultant may
301 not provide information to the department relating to a self
302 reporting participant if there is no pending department
303 investigation, complaint, or disciplinary action against the
304 participant and if the participant is in compliance with the
305 terms of the impaired practitioner program and any participant
306 contract, unless authorized by the participant If, however, the
307 department has not received a legally sufficient complaint and
308 the licensee agrees to withdraw from practice until such time as
309 the consultant determines the licensee has satisfactorily
310 completed an approved treatment program or evaluation, the
311 probable cause panel, or the department when there is no board,
312 shall not become involved in the licensee’s case.
313 (c) Inquiries related to impairment treatment programs
314 designed to provide information to the licensee and others and
315 which do not indicate that the licensee presents a danger to the
316 public shall not constitute a complaint within the meaning of s.
317 456.073 and shall be exempt from the provisions of this
318 subsection.
319 (d) Whenever the department receives a legally sufficient
320 complaint alleging that a licensee is impaired as described in
321 paragraph (a) and no complaint against the licensee other than
322 impairment exists, the department shall forward all information
323 in its possession regarding the impaired licensee to the
324 consultant. For the purposes of this section, a suspension from
325 hospital staff privileges due to the impairment does not
326 constitute a complaint.
327 (e) The probable cause panel, or the department when there
328 is no board, shall work directly with the consultant, and all
329 information concerning a practitioner obtained from the
330 consultant by the panel, or the department when there is no
331 board, shall remain confidential and exempt from the provisions
332 of s. 119.07(1), subject to the provisions of subsections (6)
333 and (7).
334 (f) A finding of probable cause shall not be made as long
335 as the panel, or the department when there is no board, is
336 satisfied, based upon information it receives from the
337 consultant and the department, that the licensee is progressing
338 satisfactorily in an approved impaired practitioner program and
339 no other complaint against the licensee exists.
340 (11)(5) In any disciplinary action for a violation other
341 than impairment in which a practitioner licensee establishes the
342 violation for which the practitioner licensee is being
343 prosecuted was due to or connected with impairment and further
344 establishes the practitioner licensee is satisfactorily
345 progressing through or has successfully completed an approved
346 treatment program pursuant to this section, such information may
347 be considered by the board, or the department when there is no
348 board, as a mitigating factor in determining the appropriate
349 penalty. This subsection does not limit mitigating factors the
350 board may consider.
351 (12)(6)(a) Upon request by the consultant, and with the
352 authorization of the practitioner when required by law, an
353 approved evaluator, treatment program, or treatment provider
354 shall, upon request, disclose to the consultant all information
355 in its possession regarding a referral or participant the issue
356 of a licensee’s impairment and participation in the treatment
357 program. All information obtained by the consultant and
358 department pursuant to this section is confidential and exempt
359 from the provisions of s. 119.07(1), subject to the provisions
360 of this subsection and subsection (7). Failure to provide such
361 information to the consultant is grounds for withdrawal of
362 approval of such evaluator, treatment program, or treatment
363 provider.
364 (b) When a referral or participant is terminated from the
365 impaired practitioner program for material noncompliance with a
366 participant contract, inability to progress, or any other
367 reason, the consultant shall disclose all information in the
368 consultant’s possession relating to the practitioner to the
369 department If in the opinion of the consultant, after
370 consultation with the treatment provider, an impaired licensee
371 has not progressed satisfactorily in a treatment program, all
372 information regarding the issue of a licensee’s impairment and
373 participation in a treatment program in the consultant’s
374 possession shall be disclosed to the department. Such disclosure
375 shall constitute a complaint pursuant to the general provisions
376 of s. 456.073. In addition, whenever the consultant concludes
377 that impairment affects a practitioner’s licensee’s practice and
378 constitutes an immediate, serious danger to the public health,
379 safety, or welfare, the consultant shall immediately communicate
380 such that conclusion shall be communicated to the department and
381 disclose all information in the consultant’s possession relating
382 to the practitioner to the department State Surgeon General.
383 (13) All confidential or exempt information obtained by the
384 consultant pursuant to this section retains its confidential or
385 exempt status when held by the consultant.
386 (14)(7) An action for damages may not be brought against a
387 consultant, or a director, an officer, an employee, or an agent
388 of a consultant, and such person may not be held liable
389 financially for making a disclosure pursuant to this section or
390 for the consequences of such disclosure, or for any other action
391 or omission or the consequences of such action or omission
392 relating to the impaired practitioner program, including,
393 without limitation, action by the department against a license,
394 registration, or certification licensee, or approved treatment
395 provider who makes a disclosure pursuant to this section is not
396 subject to civil liability for such disclosure or its
397 consequences.
398 (15) The provisions of s. 766.101 apply to any consultant,
399 or a director, an officer, an employee, or an agent of a
400 consultant, in regard to providing information relating to a
401 participant to a medical review committee if the participant
402 authorized such disclosure officer, employee, or agent of the
403 department or the board and to any officer, employee, or agent
404 of any entity with which the department has contracted pursuant
405 to this section.
406 (8)(a) A consultant retained pursuant to subsection (2), a
407 consultant’s officers and employees, and those acting at the
408 direction of the consultant for the limited purpose of an
409 emergency intervention on behalf of a licensee or student as
410 described in subsection (2) when the consultant is unable to
411 perform such intervention shall be considered agents of the
412 department for purposes of s. 768.28 while acting within the
413 scope of the consultant’s duties under the contract with the
414 department if the contract complies with the requirements of
415 this section. The contract must require that:
416 1. The consultant indemnify the state for any liabilities
417 incurred up to the limits set out in chapter 768.
418 2. The consultant establish a quality assurance program to
419 monitor services delivered under the contract.
420 3. The consultant’s quality assurance program, treatment,
421 and monitoring records be evaluated quarterly.
422 4. The consultant’s quality assurance program be subject to
423 review and approval by the department.
424 5. The consultant operate under policies and procedures
425 approved by the department.
426 6. The consultant provide to the department for approval a
427 policy and procedure manual that comports with all statutes,
428 rules, and contract provisions approved by the department.
429 7. The department be entitled to review the records
430 relating to the consultant’s performance under the contract for
431 the purpose of management audits, financial audits, or program
432 evaluation.
433 8. All performance measures and standards be subject to
434 verification and approval by the department.
435 9. The department be entitled to terminate the contract
436 with the consultant for noncompliance with the contract.
437 (16)(b) In accordance with s. 284.385, the Department of
438 Financial Services shall defend any claim, suit, action, or
439 proceeding, including a claim, suit, action, or proceeding for
440 injunctive, affirmative, or declaratory relief, against the
441 consultant, or the consultant’s directors, officers, or
442 employees, and agents brought as the result of any action or
443 omission relating to the impaired practitioner program or those
444 acting at the direction of the consultant for the limited
445 purpose of an emergency intervention on behalf of a licensee or
446 student as described in subsection (2) when the consultant is
447 unable to perform such intervention, which claim, suit, action,
448 or proceeding is brought as a result of an act or omission by
449 any of the consultant’s officers and employees and those acting
450 under the direction of the consultant for the limited purpose of
451 an emergency intervention on behalf of the licensee or student
452 when the consultant is unable to perform such intervention, if
453 the act or omission arises out of and is in the scope of the
454 consultant’s duties under its contract with the department.
455 (17)(c) If a the consultant retained by the department
456 pursuant to this section subsection (2) is also retained by
457 another any other state agency to operate an impaired
458 practitioner program for that agency, this section also applies
459 to the consultant’s operation of an impaired practitioner
460 program for that agency, and if the contract between such state
461 agency and the consultant complies with the requirements of this
462 section, the consultant, the consultant’s officers and
463 employees, and those acting under the direction of the
464 consultant for the limited purpose of an emergency intervention
465 on behalf of a licensee or student as described in subsection
466 (2) when the consultant is unable to perform such intervention
467 shall be considered agents of the state for the purposes of this
468 section while acting within the scope of and pursuant to
469 guidelines established in the contract between such state agency
470 and the consultant.
471 (18)(9) A An impaired practitioner consultant is the
472 official custodian of records relating to the referral of an
473 impaired licensee or applicant to that consultant and any other
474 interaction between the licensee or applicant and the
475 consultant. The consultant may disclose to a referral or
476 participant documents, records, or other information from the
477 consultant’s file on the referral or participant the impaired
478 licensee or applicant or his or her designee any information
479 that is disclosed to or obtained by the consultant or that is
480 confidential under paragraph (6)(a), but only to the extent that
481 it is necessary to do so to carry out the consultant’s duties
482 under the impaired practitioner program and this section, or as
483 otherwise required by law. The department, and any other entity
484 that enters into a contract with the consultant to receive the
485 services of the consultant, has direct administrative control
486 over the consultant to the extent necessary to receive
487 disclosures from the consultant as allowed by federal law. If a
488 disciplinary proceeding is pending, a referral or participant
489 may obtain a complete copy of the consultant’s file from the
490 department as provided by an impaired licensee may obtain such
491 information from the department under s. 456.073.
492 (19)(a) The consultant may contract with a school or
493 program to provide impaired practitioner program services to a
494 student enrolled for the purpose of preparing for licensure as a
495 health care practitioner as defined in this chapter or as a
496 veterinarian under chapter 474 if the student has or is
497 suspected of having an impairment. The department is not
498 responsible for paying for the care provided by approved
499 treatment providers or approved treatment programs or for the
500 services provided by a consultant to a student.
501 (b) A medical school accredited by the Liaison Committee on
502 Medical Education or the Commission on Osteopathic College
503 Accreditation, or another school providing for the education of
504 students enrolled in preparation for licensure as a health care
505 practitioner as defined in this chapter, or a veterinarian under
506 chapter 474, which is governed by accreditation standards
507 requiring notice and the provision of due process procedures to
508 students, is not liable in any civil action for referring a
509 student to the consultant retained by the department or for
510 disciplinary actions that adversely affect the status of a
511 student when the disciplinary actions are instituted in
512 reasonable reliance on the recommendations, reports, or
513 conclusions provided by such consultant, if the school, in
514 referring the student or taking disciplinary action, adheres to
515 the due process procedures adopted by the applicable
516 accreditation entities and if the school committed no
517 intentional fraud in carrying out the provisions of this
518 section.
519 Section 2. Paragraph (l) of subsection (1) of section
520 401.411, Florida Statutes, is amended to read:
521 401.411 Disciplinary action; penalties.—
522 (1) The department may deny, suspend, or revoke a license,
523 certificate, or permit or may reprimand or fine any licensee,
524 certificateholder, or other person operating under this part for
525 any of the following grounds:
526 (l) The failure to report to the department any person
527 known to be in violation of this part. However, a professional
528 known to be operating under this part without reasonable skill
529 and without regard for the safety of the public by reason of
530 illness, drunkenness, or the use of drugs, narcotics, chemicals,
531 or any other type of material, or as a result of a mental or
532 physical condition, may be reported to a consultant operating an
533 impaired practitioner program as described in s. 456.076 rather
534 than to the department.
535 Section 3. Paragraph (u) of subsection (1) of section
536 455.227, Florida Statutes, is amended to read:
537 455.227 Grounds for discipline; penalties; enforcement.—
538 (1) The following acts shall constitute grounds for which
539 the disciplinary actions specified in subsection (2) may be
540 taken:
541 (u) Termination from an impaired practitioner program a
542 treatment program for impaired practitioners as described in s.
543 456.076 for failure to comply, without good cause, with the
544 terms of the monitoring or participant treatment contract
545 entered into by the licensee or failing to successfully complete
546 a drug or alcohol treatment program.
547 Section 4. Paragraphs (i) and (hh) of subsection (1) of
548 section 456.072, Florida Statutes, are amended to read:
549 456.072 Grounds for discipline; penalties; enforcement.—
550 (1) The following acts shall constitute grounds for which
551 the disciplinary actions specified in subsection (2) may be
552 taken:
553 (i) Except as provided in s. 465.016, failing to report to
554 the department any person who the licensee knows is in violation
555 of this chapter, the chapter regulating the alleged violator, or
556 the rules of the department or the board. However, a person who
557 the licensee knows is unable to practice with reasonable skill
558 and safety to patients by reason of illness or use of alcohol,
559 drugs, narcotics, chemicals, or any other type of material, or
560 as a result of a mental or physical condition, may be reported
561 to a consultant operating an impaired practitioner program as
562 described in s. 456.076 rather than to the department.
563 (hh) Being terminated from an impaired practitioner program
564 that a treatment program for impaired practitioners, which is
565 overseen by a an impaired practitioner consultant as described
566 in s. 456.076, for failure to comply, without good cause, with
567 the terms of the monitoring or participant treatment contract
568 entered into by the licensee, or for not successfully completing
569 any drug treatment or alcohol treatment program.
570 Section 5. Paragraph (f) of subsection (1) of section
571 457.109, Florida Statutes, is amended to read:
572 457.109 Disciplinary actions; grounds; action by the
573 board.—
574 (1) The following acts constitute grounds for denial of a
575 license or disciplinary action, as specified in s. 456.072(2):
576 (f) Failing to report to the department any person who the
577 licensee knows is in violation of this chapter or of the rules
578 of the department. However, a person who the licensee knows is
579 unable to practice acupuncture with reasonable skill and safety
580 to patients by reason of illness or use of alcohol, drugs,
581 narcotics, chemicals, or any other type of material, or as a
582 result of a mental or physical condition, may be reported to a
583 consultant operating an impaired practitioner program as
584 described in s. 456.076 rather than to the department.
585 Section 6. Paragraph (e) of subsection (1) of section
586 458.331, Florida Statutes, is amended to read:
587 458.331 Grounds for disciplinary action; action by the
588 board and department.—
589 (1) The following acts constitute grounds for denial of a
590 license or disciplinary action, as specified in s. 456.072(2):
591 (e) Failing to report to the department any person who the
592 licensee knows is in violation of this chapter or of the rules
593 of the department or the board. However, a person who the
594 licensee knows is unable to practice medicine with reasonable
595 skill and safety to patients by reason of illness or use of
596 alcohol, drugs, narcotics, chemicals, or any other type of
597 material, or as a result of a mental or physical condition, may
598 be reported to a consultant operating an impaired practitioner
599 program as described in s. 456.076 rather than to the department
600 A treatment provider approved pursuant to s. 456.076 shall
601 provide the department or consultant with information in
602 accordance with the requirements of s. 456.076(4), (5), (6),
603 (7), and (9).
604 Section 7. Paragraph (e) of subsection (1) of section
605 459.015, Florida Statutes, is amended to read:
606 459.015 Grounds for disciplinary action; action by the
607 board and department.—
608 (1) The following acts constitute grounds for denial of a
609 license or disciplinary action, as specified in s. 456.072(2):
610 (e) Failing to report to the department or the department’s
611 impaired professional consultant any person who the licensee or
612 certificateholder knows is in violation of this chapter or of
613 the rules of the department or the board. However, a person who
614 the licensee knows is unable to practice osteopathic medicine
615 with reasonable skill and safety to patients by reason of
616 illness or use of alcohol, drugs, narcotics, chemicals, or any
617 other type of material, or as a result of a mental or physical
618 condition, may be reported to a consultant operating an impaired
619 practitioner program as described in s. 456.076 rather than to
620 the department A treatment provider, approved pursuant to s.
621 456.076, shall provide the department or consultant with
622 information in accordance with the requirements of s.
623 456.076(4), (5), (6), (7), and (9).
624 Section 8. Paragraph (g) of subsection (1) of section
625 460.413, Florida Statutes, is amended to read:
626 460.413 Grounds for disciplinary action; action by board or
627 department.—
628 (1) The following acts constitute grounds for denial of a
629 license or disciplinary action, as specified in s. 456.072(2):
630 (g) Failing to report to the department any person who the
631 licensee knows is in violation of this chapter or of the rules
632 of the department or the board. However, a person who the
633 licensee knows is unable to practice chiropractic medicine with
634 reasonable skill and safety to patients by reason of illness or
635 use of alcohol, drugs, narcotics, chemicals, or any other type
636 of material, or as a result of a mental or physical condition,
637 may be reported to a consultant operating an impaired
638 practitioner program as described in s. 456.076 rather than to
639 the department.
640 Section 9. Paragraph (f) of subsection (1) of section
641 461.013, Florida Statutes, is amended to read:
642 461.013 Grounds for disciplinary action; action by the
643 board; investigations by department.—
644 (1) The following acts constitute grounds for denial of a
645 license or disciplinary action, as specified in s. 456.072(2):
646 (f) Failing to report to the department any person who the
647 licensee knows is in violation of this chapter or of the rules
648 of the department or the board. However, a person who the
649 licensee knows is unable to practice podiatric medicine with
650 reasonable skill and safety to patients by reason of illness or
651 use of alcohol, drugs, narcotics, chemicals, or any other type
652 of material, or as a result of a mental or physical condition,
653 may be reported to a consultant operating an impaired
654 practitioner program as described in s. 456.076 rather than to
655 the department.
656 Section 10. Paragraph (f) of subsection (1) of section
657 462.14, Florida Statutes, is amended to read:
658 462.14 Grounds for disciplinary action; action by the
659 department.—
660 (1) The following acts constitute grounds for denial of a
661 license or disciplinary action, as specified in s. 456.072(2):
662 (f) Failing to report to the department any person who the
663 licensee knows is in violation of this chapter or of the rules
664 of the department. However, a person who the licensee knows is
665 unable to practice naturopathic medicine with reasonable skill
666 and safety to patients by reason of illness or use of alcohol,
667 drugs, narcotics, chemicals, or any other type of material, or
668 as a result of a mental or physical condition, may be reported
669 to a consultant operating an impaired practitioner program as
670 described in s. 456.076 rather than to the department.
671 Section 11. Paragraph (l) of subsection (1) of section
672 463.016, Florida Statutes, is amended to read:
673 463.016 Grounds for disciplinary action; action by the
674 board.—
675 (1) The following acts constitute grounds for denial of a
676 license or disciplinary action, as specified in s. 456.072(2):
677 (l) Willfully failing to report any person who the licensee
678 knows is in violation of this chapter or of rules of the
679 department or the board. However, a person who the licensee
680 knows is unable to practice optometry with reasonable skill and
681 safety to patients by reason of illness or use of alcohol,
682 drugs, narcotics, chemicals, or any other type of material, or
683 as a result of a mental or physical condition, may be reported
684 to a consultant operating an impaired practitioner program as
685 described in s. 456.076 rather than to the department.
686 Section 12. Paragraph (k) of subsection (1) of section
687 464.018, Florida Statutes, is amended to read:
688 464.018 Disciplinary actions.—
689 (1) The following acts constitute grounds for denial of a
690 license or disciplinary action, as specified in s. 456.072(2):
691 (k) Failing to report to the department any person who the
692 licensee knows is in violation of this part or of the rules of
693 the department or the board. However, a person who the licensee
694 knows is unable to practice nursing with reasonable skill and
695 safety to patients by reason of illness or use of alcohol,
696 drugs, narcotics, chemicals, or any other type of material, or
697 as a result of a mental or physical condition, may be reported
698 to a consultant operating an impaired practitioner program as
699 described in s. 456.076 rather than to the department; however,
700 if the licensee verifies that such person is actively
701 participating in a board-approved program for the treatment of a
702 physical or mental condition, the licensee is required to report
703 such person only to an impaired professionals consultant.
704 Section 13. Paragraph (c) of subsection (2) of section
705 464.204, Florida Statutes, is amended to read:
706 464.204 Denial, suspension, or revocation of certification;
707 disciplinary actions.—
708 (2) When the board finds any person guilty of any of the
709 grounds set forth in subsection (1), it may enter an order
710 imposing one or more of the following penalties:
711 (c) Imposition of probation or restriction of
712 certification, including conditions such as corrective actions
713 as retraining or compliance with the department’s impaired
714 practitioner program operated by a consultant as described in s.
715 456.076 an approved treatment program for impaired
716 practitioners.
717 Section 14. Paragraph (o) of subsection (1) of section
718 465.016, Florida Statutes, is amended to read:
719 465.016 Disciplinary actions.—
720 (1) The following acts constitute grounds for denial of a
721 license or disciplinary action, as specified in s. 456.072(2):
722 (o) Failing to report to the department any licensee under
723 chapter 458 or under chapter 459 who the pharmacist knows has
724 violated the grounds for disciplinary action set out in the law
725 under which that person is licensed and who provides health care
726 services in a facility licensed under chapter 395, or a health
727 maintenance organization certificated under part I of chapter
728 641, in which the pharmacist also provides services. However, a
729 person who the licensee knows is unable to practice medicine or
730 osteopathic medicine with reasonable skill and safety to
731 patients by reason of illness or use of alcohol, drugs,
732 narcotics, chemicals, or any other type of material, or as a
733 result of a mental or physical condition, may be reported to a
734 consultant operating an impaired practitioner program as
735 described in s. 456.076 rather than to the department.
736 Section 15. Paragraph (f) of subsection (1) of section
737 466.028, Florida Statutes, is amended to read:
738 466.028 Grounds for disciplinary action; action by the
739 board.—
740 (1) The following acts constitute grounds for denial of a
741 license or disciplinary action, as specified in s. 456.072(2):
742 (f) Failing to report to the department any person who the
743 licensee knows, or has reason to believe, is clearly in
744 violation of this chapter or of the rules of the department or
745 the board. However, a person who the licensee knows, or has
746 reason to believe, is clearly unable to practice her or his
747 profession with reasonable skill and safety to patients by
748 reason of illness or use of alcohol, drugs, narcotics,
749 chemicals, or any other type of material, or as a result of a
750 mental or physical condition, may be reported to a consultant
751 operating an impaired practitioner program as described in s.
752 456.076 rather than to the department.
753 Section 16. Paragraph (h) of subsection (1) of section
754 467.203, Florida Statutes, is amended to read:
755 467.203 Disciplinary actions; penalties.—
756 (1) The following acts constitute grounds for denial of a
757 license or disciplinary action, as specified in s. 456.072(2):
758 (h) Failing to report to the department any person who the
759 licensee knows is in violation of this chapter or of the rules
760 of the department. However, a person who the licensee knows is
761 unable to practice midwifery with reasonable skill and safety to
762 patients by reason of illness or use of alcohol, drugs,
763 narcotics, chemicals, or any other type of material, or as a
764 result of a mental or physical condition, may be reported to a
765 consultant operating an impaired practitioner program as
766 described in s. 456.076 rather than to the department.
767 Section 17. Paragraph (f) of subsection (1) of section
768 468.217, Florida Statutes, is amended to read:
769 468.217 Denial of or refusal to renew license; suspension
770 and revocation of license and other disciplinary measures.—
771 (1) The following acts constitute grounds for denial of a
772 license or disciplinary action, as specified in s. 456.072(2):
773 (f) Failing to report to the department any person who the
774 licensee knows is in violation of this part or of the rules of
775 the department or of the board. However, a person who the
776 licensee knows is unable to practice occupational therapy with
777 reasonable skill and safety to patients by reason of illness or
778 use of alcohol, drugs, narcotics, chemicals, or any other type
779 of material, or as a result of a mental or physical condition,
780 may be reported to a consultant operating an impaired
781 practitioner program as described in s. 456.076 rather than to
782 the department.
783 Section 18. Paragraph (n) of subsection (1) of section
784 468.3101, Florida Statutes, is amended to read:
785 468.3101 Disciplinary grounds and actions.—
786 (1) The department may make or require to be made any
787 investigations, inspections, evaluations, and tests, and require
788 the submission of any documents and statements, which it
789 considers necessary to determine whether a violation of this
790 part has occurred. The following acts shall be grounds for
791 disciplinary action as set forth in this section:
792 (n) Being terminated from an impaired practitioner program
793 operated by a consultant as described in s. 456.076 for failure
794 to comply, without good cause, with the terms of monitoring or a
795 participant contract entered into by the licensee, or for not
796 successfully completing a drug treatment or alcohol treatment
797 program Failing to comply with the recommendations of the
798 department’s impaired practitioner program for treatment,
799 evaluation, or monitoring. A letter from the director of the
800 impaired practitioner program that the certificateholder is not
801 in compliance shall be considered conclusive proof under this
802 part.
803 Section 19. Section 474.221, Florida Statutes, is amended
804 to read:
805 474.221 Impaired practitioner provisions; applicability.
806 Notwithstanding the transfer of the Division of Medical Quality
807 Assurance to the Department of Health or any other provision of
808 law to the contrary, veterinarians licensed under this chapter
809 shall be governed by the treatment of impaired practitioner
810 program provisions of s. 456.076 as if they were under the
811 jurisdiction of the Division of Medical Quality Assurance,
812 except that for veterinarians the Department of Business and
813 Professional Regulation shall, at its option, exercise any of
814 the powers granted to the Department of Health by that section,
815 and “board” shall mean board as defined in this chapter.
816 Section 20. Paragraph (o) of subsection (1) of section
817 483.825, Florida Statutes, is amended to read:
818 483.825 Grounds for disciplinary action.—
819 (1) The following acts constitute grounds for denial of a
820 license or disciplinary action, as specified in s. 456.072(2):
821 (o) Failing to report to the department a person or other
822 licensee who the licensee knows is in violation of this chapter
823 or the rules of the department or board adopted hereunder.
824 However, a person or other licensee who the licensee knows is
825 unable to perform or report on clinical laboratory examinations
826 with reasonable skill and safety to patients by reason of
827 illness or use of alcohol, drugs, narcotics, chemicals, or any
828 other type of material, or as a result of a mental or physical
829 condition, may be reported to a consultant operating an impaired
830 practitioner program as described in s. 456.076 rather than to
831 the department.
832 Section 21. This act shall take effect upon becoming a law.