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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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).”
   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.