Florida Senate - 2019 SB 776 By Senator Baxley 12-01157-19 2019776__ 1 A bill to be entitled 2 An act relating to sexual misconduct reporting in 3 health care; amending s. 408.810, F.S.; requiring 4 specified health care facilities, as a condition of 5 obtaining or maintaining licensure, to enact policies 6 requiring employees, contractors, volunteers, and 7 interns of such licensees to report actual or 8 suspected sexual misconduct involving a patient to the 9 licensee, the Department of Children and Families, and 10 the appropriate local law enforcement agency; 11 requiring such persons to prepare an incident report 12 that includes specified information; providing that a 13 violation of the reporting requirements is a class II 14 violation, subject to an administrative fine; 15 providing criminal penalties; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (5) of section 408.810, Florida 21 Statutes, is amended to read: 22 408.810 Minimum licensure requirements.—In addition to the 23 licensure requirements specified in this part, authorizing 24 statutes, and applicable rules, each applicant and licensee must 25 comply with the requirements of this section in order to obtain 26 and maintain a license. 27 (5)(a) On or before the first day services are provided to 28 a client, a licensee must inform the client and his or her 29 immediate family or representative, if appropriate, of the right 30 to report: 31 1. Complaints. The statewide toll-free telephone number for 32 reporting complaints to the agency must be provided to clients 33 in a manner that is clearly legible and must include the words: 34 “To report a complaint regarding the services you receive, 35 please call toll-free (phone number).” 36 2. Abusive, neglectful, or exploitative practices. The 37 statewide toll-free telephone number for the central abuse 38 hotline must be provided to clients in a manner that is clearly 39 legible and must include the words: “To report abuse, neglect, 40 or exploitation, please call toll-free (phone number).” 41 3. Medicaid fraud. An agency-written description of 42 Medicaid fraud and the statewide toll-free telephone number for 43 the central Medicaid fraud hotline must be provided to clients 44 in a manner that is clearly legible and must include the words: 45 “To report suspected Medicaid fraud, please call toll-free 46 (phone number).” 47 48 The agency shall publish a minimum of a 90-day advance notice of 49 a change in the toll-free telephone numbers. 50 (b) Each licensee shall establish appropriate policies and 51 procedures for providing such notice to clients. 52 (c) Each licensee shall enact a policy that requires all 53 employees, contractors, volunteers, and interns of the licensee 54 who witness sexual misconduct, as defined in s. 394.4593(1), or 55 who otherwise know or have reasonable cause to suspect that a 56 person has engaged in sexual misconduct to immediately report 57 the sexual misconduct to the licensee, the Department of 58 Children and Families’ central abuse hotline, and the 59 appropriate local law enforcement agency. The employee, 60 contractor, volunteer, or intern also must prepare, date, sign, 61 and provide to the licensee an independent report that 62 specifically describes the nature of the sexual misconduct, the 63 location and time of the incident, and the persons involved in 64 the incident. 65 1. Failure of the licensee to enact or enforce the policy 66 required under this paragraph is a Class II violation as 67 established in s. 408.813. 68 2. Any person who is required to make a report under this 69 paragraph and who knowingly or willfully fails to do so, or who 70 knowingly or willfully prevents another person from doing so, 71 commits a misdemeanor of the first degree, punishable as 72 provided in s. 775.082 or s. 775.083. 73 3. Any person who knowingly or willfully submits 74 inaccurate, incomplete, or untruthful information with respect 75 to a report required under this paragraph commits a misdemeanor 76 of the first degree, punishable as provided in s. 775.082 or s. 77 775.083. 78 4. Any person who knowingly or willfully coerces or 79 threatens any other person with the intent to alter testimony or 80 a written report regarding an incident of sexual misconduct 81 commits a felony of the third degree, punishable as provided in 82 s. 775.082, s. 775.083, or s. 775.084. 83 Section 2. This act shall take effect July 1, 2019.