Florida Senate - 2021              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1142
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to prohibited acts by health care
    3         practitioners; amending s. 456.072, F.S.; subjecting
    4         health care practitioners to discipline for making
    5         misleading, deceptive, or fraudulent representations
    6         related to their specialty designations; specifying
    7         that only certain licensed health care practitioners
    8         may use the terms “anesthesiologist” or
    9         “dermatologist”; subjecting health care practitioners
   10         to discipline for failing to provide written or oral
   11         notice to patients of their specialty designation;
   12         requiring the Department of Health, instead of
   13         applicable health care practitioner boards, to enforce
   14         the written or oral notice requirement; requiring the
   15         department to issue emergency cease and desist orders
   16         to certain health care practitioners under certain
   17         circumstances; providing requirements for the notice
   18         of such emergency orders; requiring the department to
   19         impose certain administrative penalties if such
   20         practitioners do not immediately comply with the
   21         emergency orders; providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Paragraphs (a) and (t) of subsection (1) and
   26  subsection (2) of section 456.072, Florida Statutes, are amended
   27  to read:
   28         456.072 Grounds for discipline; penalties; enforcement.—
   29         (1) The following acts shall constitute grounds for which
   30  the disciplinary actions specified in subsection (2) may be
   31  taken:
   32         (a) Making misleading, deceptive, or fraudulent
   33  representations in or related to the practice of the licensee’s
   34  profession or specialty designation. The term “anesthesiologist”
   35  may be used only if the practitioner is licensed under chapter
   36  458 or chapter 459 or as a dentist under chapter 466, and the
   37  term “dermatologist” may be used only if the practitioner is
   38  licensed under chapter 458 or chapter 459.
   39         (t) Failing to identify through written notice, which may
   40  include the wearing of a name tag, or orally to a patient the
   41  type of license or specialty designation under which the
   42  practitioner is practicing. Any advertisement for health care
   43  services naming the practitioner must identify the type of
   44  license the practitioner holds. This paragraph does not apply to
   45  a practitioner while the practitioner is providing services in a
   46  facility licensed under chapter 394, chapter 395, chapter 400,
   47  or chapter 429. The department shall enforce this paragraph Each
   48  board, or the department where there is no board, is authorized
   49  by rule to determine how its practitioners may comply with this
   50  disclosure requirement.
   51         (2)(a) When the board, or the department when there is no
   52  board, finds any person guilty of the grounds set forth in
   53  subsection (1) or of any grounds set forth in the applicable
   54  practice act, including conduct constituting a substantial
   55  violation of subsection (1) or a violation of the applicable
   56  practice act which occurred before prior to obtaining a license,
   57  it may enter an order imposing one or more of the following
   58  penalties:
   59         1.(a) Refusal to certify, or to certify with restrictions,
   60  an application for a license.
   61         2.(b) Suspension or permanent revocation of a license.
   62         3.(c) Restriction of practice or license, including, but
   63  not limited to, restricting the licensee from practicing in
   64  certain settings, restricting the licensee to work only under
   65  designated conditions or in certain settings, restricting the
   66  licensee from performing or providing designated clinical and
   67  administrative services, restricting the licensee from
   68  practicing more than a designated number of hours, or any other
   69  restriction found to be necessary for the protection of the
   70  public health, safety, and welfare.
   71         4.(d) Imposition of an administrative fine not to exceed
   72  $10,000 for each count or separate offense. If the violation is
   73  for fraud or making a false or fraudulent representation, the
   74  board, or the department if there is no board, must impose a
   75  fine of $10,000 per count or offense.
   76         5.(e) Issuance of a reprimand or letter of concern.
   77         6.(f) Placement of the licensee on probation for a period
   78  of time and subject to such conditions as the board, or the
   79  department when there is no board, may specify. Those conditions
   80  may include, but are not limited to, requiring the licensee to
   81  undergo treatment, attend continuing education courses, submit
   82  to be reexamined, work under the supervision of another
   83  licensee, or satisfy any terms which are reasonably tailored to
   84  the violations found.
   85         7.(g) Corrective action.
   86         8.(h) Imposition of an administrative fine in accordance
   87  with s. 381.0261 for violations regarding patient rights.
   88         9.(i) Refund of fees billed and collected from the patient
   89  or a third party on behalf of the patient.
   90         10.(j) Requirement that the practitioner undergo remedial
   91  education.
   93  In determining what action is appropriate, the board, or
   94  department when there is no board, must first consider what
   95  sanctions are necessary to protect the public or to compensate
   96  the patient. Only after those sanctions have been imposed may
   97  the disciplining authority consider and include in the order
   98  requirements designed to rehabilitate the practitioner. All
   99  costs associated with compliance with orders issued under this
  100  subsection are the obligation of the practitioner.
  101         (b) When the department finds that a health care
  102  practitioner has violated the provisions of paragraph (1)(a)
  103  pertaining to a specialty designation:
  104         1.The department must issue an emergency order to the
  105  practitioner to cease and desist from using the name or title,
  106  or any other words, letters, abbreviations, or insignia
  107  indicating that he or she may practice under the specialty
  108  designation. The department must send the emergency cease and
  109  desist order to the practitioner by certified mail and e-mail to
  110  the practitioner’s physical address and e-mail address of record
  111  on file with the department and to any other mailing address or
  112  e-mail address through which the department believes the
  113  practitioner may be reached.
  114         2.If the practitioner does not cease and desist his or her
  115  actions in violation of paragraph (1)(a) immediately upon
  116  receipt of the emergency cease and desist order, the department
  117  must enter an order imposing any of the following penalties, or
  118  a combination thereof, until the practitioner complies with the
  119  cease and desist order:
  120         a.A citation and a daily fine.
  121         b.A reprimand or a letter of concern.
  122         c.Suspension of license.
  123         Section 2. This act shall take effect upon becoming a law.