Florida Senate - 2021                                    SB 1142
       By Senator Rodrigues
       27-01297-21                                           20211142__
    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, instead of applicable health
   13         care practitioner boards, to enforce the written or
   14         oral notice requirement; requiring the department to
   15         issue emergency cease and desist orders to certain
   16         persons under certain circumstances; providing
   17         requirements for the notice of such emergency orders;
   18         requiring the department to impose certain
   19         administrative penalties if such persons do not
   20         immediately comply with the emergency orders;
   21         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 as a physician
   36  under chapter 458 or chapter 459 or as a dentist under chapter
   37  466, and the term “dermatologist” may be used only if the
   38  practitioner is licensed as a physician under chapter 458 or
   39  chapter 459.
   40         (t) Failing to identify through written notice, which may
   41  include the wearing of a name tag, or orally to a patient the
   42  type of license or specialty designation under which the
   43  practitioner is practicing. Any advertisement for health care
   44  services naming the practitioner must identify the type of
   45  license the practitioner holds. This paragraph does not apply to
   46  a practitioner while the practitioner is providing services in a
   47  facility licensed under chapter 394, chapter 395, chapter 400,
   48  or chapter 429. The department shall enforce this paragraph Each
   49  board, or the department where there is no board, is authorized
   50  by rule to determine how its practitioners may comply with this
   51  disclosure requirement.
   52         (2)(a) When the board, or the department when there is no
   53  board, finds any person guilty of the grounds set forth in
   54  subsection (1) or of any grounds set forth in the applicable
   55  practice act, including conduct constituting a substantial
   56  violation of subsection (1) or a violation of the applicable
   57  practice act which occurred before prior to obtaining a license,
   58  it may enter an order imposing one or more of the following
   59  penalties:
   60         1.(a) Refusal to certify, or to certify with restrictions,
   61  an application for a license.
   62         2.(b) Suspension or permanent revocation of a license.
   63         3.(c) Restriction of practice or license, including, but
   64  not limited to, restricting the licensee from practicing in
   65  certain settings, restricting the licensee to work only under
   66  designated conditions or in certain settings, restricting the
   67  licensee from performing or providing designated clinical and
   68  administrative services, restricting the licensee from
   69  practicing more than a designated number of hours, or any other
   70  restriction found to be necessary for the protection of the
   71  public health, safety, and welfare.
   72         4.(d) Imposition of an administrative fine not to exceed
   73  $10,000 for each count or separate offense. If the violation is
   74  for fraud or making a false or fraudulent representation, the
   75  board, or the department if there is no board, must impose a
   76  fine of $10,000 per count or offense.
   77         5.(e) Issuance of a reprimand or letter of concern.
   78         6.(f) Placement of the licensee on probation for a period
   79  of time and subject to such conditions as the board, or the
   80  department when there is no board, may specify. Those conditions
   81  may include, but are not limited to, requiring the licensee to
   82  undergo treatment, attend continuing education courses, submit
   83  to be reexamined, work under the supervision of another
   84  licensee, or satisfy any terms which are reasonably tailored to
   85  the violations found.
   86         7.(g) Corrective action.
   87         8.(h) Imposition of an administrative fine in accordance
   88  with s. 381.0261 for violations regarding patient rights.
   89         9.(i) Refund of fees billed and collected from the patient
   90  or a third party on behalf of the patient.
   91         10.(j) Requirement that the practitioner undergo remedial
   92  education.
   94  In determining what action is appropriate, the board, or
   95  department when there is no board, must first consider what
   96  sanctions are necessary to protect the public or to compensate
   97  the patient. Only after those sanctions have been imposed may
   98  the disciplining authority consider and include in the order
   99  requirements designed to rehabilitate the practitioner. All
  100  costs associated with compliance with orders issued under this
  101  subsection are the obligation of the practitioner.
  102         (b)1.When the department finds that a person has violated
  103  paragraph (1)(a), the department must issue an emergency order
  104  to the person to cease and desist from using the name or title,
  105  or any other words, letters, abbreviations, or insignia
  106  indicating that he or she may practice under the specialty
  107  designation. The department must send the emergency cease and
  108  desist order to the person by certified mail and e-mail to the
  109  person’s physical address and e-mail address of record on file
  110  with the department and to any other mailing address or e-mail
  111  address through which the department believes the person may be
  112  reached.
  113         2.If the person does not cease and desist his or her
  114  actions in violation of paragraph (1)(a) immediately upon
  115  receipt of the emergency cease and desist order, the department
  116  must enter an order imposing any of the following penalties, or
  117  a combination thereof, until the person complies with the cease
  118  and desist order:
  119         a.A citation and a daily fine.
  120         b.A reprimand or a letter of concern.
  121         c.Suspension of license.
  122         Section 2. This act shall take effect upon becoming a law.