Florida Senate - 2022                                    SB 1184
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01388-22                                            20221184__
    1                        A bill to be entitled                      
    2         An act relating to free speech of health care
    3         practitioners; creating s. 456.61, F.S.; prohibiting
    4         certain entities from reprimanding, sanctioning, or
    5         revoking or threatening to revoke a license,
    6         certificate, or registration of a health care
    7         practitioner for specified use of his or her right of
    8         free speech without specified proof; providing for
    9         liability; requiring certain entities to provide to a
   10         health care practitioner any complaints within a
   11         specified timeframe; providing a penalty; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 456.61, Florida Statutes, is created to
   17  read:
   18         456.61 Use of free speech by a health care practitioner;
   19  prohibition.—A board within the jurisdiction of the department,
   20  the department if there is no board, or a recognizing agency
   21  approved by the Board of Osteopathic Medicine under rule 64B15
   22  14.001, Florida Administrative Code:
   23         (1) May not reprimand, sanction, or revoke or threaten to
   24  revoke a license, certificate, or registration of a health care
   25  practitioner for exercising his or her constitutional right of
   26  free speech through the use of a social media platform as
   27  defined in s. 501.2041(1)(g).
   28         (2) Must prove beyond a reasonable doubt that the use of
   29  free speech by a health care practitioner led to the direct
   30  physical harm of a person with whom the health care practitioner
   31  had a practitioner-patient relationship within the 3 years
   32  immediately preceding the incident of physical harm to
   33  reprimand, sanction, or revoke or threaten to revoke a license,
   34  certificate, or registration of a health care practitioner.
   35         (3) Is liable for a sum of up to $1.5 million per
   36  occurrence for any direct or indirect damages to a health care
   37  practitioner if proof beyond a reasonable doubt has not been
   38  established under subsection (2) for reprimanding, sanctioning,
   39  or revoking or threatening to revoke a license, certificate, or
   40  registration of the health care practitioner.
   41         (4) Must provide to a health care practitioner any
   42  complaints received for which revocation actions may be in order
   43  within 7 days after receipt of the complaint or, if it fails to
   44  provide such complaint, must pay to the health care practitioner
   45  an administrative penalty of $500 for each day the complaint is
   46  not provided to the health care practitioner.
   47         Section 2. This act shall take effect July 1, 2022.