Florida Senate - 2022 SB 1946 By Senator Bean 4-01310-22 20221946__ 1 A bill to be entitled 2 An act relating to the impaired practitioner program; 3 amending s. 456.076, F.S.; creating a student 4 evaluation program within the Department of Health for 5 a specified purpose; providing program eligibility 6 requirements; requiring consultants to redact a 7 student’s personal identifying information and to 8 forward the invoice for an evaluation to the 9 department; requiring the department to directly pay 10 the evaluator upon receipt of the invoice from the 11 consultant; requiring the consultant to provide 12 monthly reports to the department; providing 13 requirements for the reports; providing that funding 14 for the program shall be from the Medical Quality 15 Assurance Trust Fund, as provided by the Legislature; 16 providing that, if program funding is exhausted in a 17 fiscal year, the program must cease operations until 18 additional funding becomes available; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (19) is added to section 456.076, 24 Florida Statutes, to read: 25 456.076 Impaired practitioner programs.— 26 (19) A student evaluation program is created within the 27 department to fund the evaluation of students who are preparing 28 for licensure as practitioners and who have or are suspected of 29 having an impairment that could affect their ability to practice 30 with skill and safety if they were licensed, registered, or 31 certified. The purpose of the program is to reduce risks to 32 patients which are caused by impaired practitioners. 33 (a) A student may participate in the student evaluation 34 program if all of the following conditions are met: 35 1. The student is enrolled in a school or program located 36 in this state for the purpose of preparing for licensure, 37 registration, or certification as a practitioner. 38 2. The student’s school or program has a contract in place 39 with a consultant to provide impaired practitioner program 40 services to its students, as provided in this section. 41 3. At the time of the school’s or program’s referral of the 42 student to the consultant, the student had or was suspected of 43 having an impairment that could affect his or her ability to 44 practice with skill and safety if he or she were licensed, 45 registered, or certified. 46 4. The consultant has required the student to be evaluated 47 by an evaluator to determine whether the student has an 48 impairment and whether treatment or other actions are necessary 49 to ensure the student is safe to practice. 50 5. The student is unable to afford the cost of the 51 evaluation due to financial hardship, as determined by the 52 student’s school or program. For purposes of this subparagraph, 53 a student is deemed to have a financial hardship if he or she is 54 unemployed; is receiving payments under a federal or state 55 public assistance program; has a monthly income that is at or 56 below 150 percent of the federal poverty level, as published 57 annually by the United States Department of Health and Human 58 Services; or does not have insurance that would fully cover the 59 evaluation cost. The student’s school or program is solely 60 responsible for determining whether he or she has a financial 61 hardship, and it must consider the magnitude of his or her 62 indebtedness in its determination. This eligibility 63 determination is final and is not subject to review under 64 chapter 120. 65 (b) After the student’s eligibility for the student 66 evaluation program has been determined and the evaluation has 67 been completed, the consultant shall redact the student’s 68 personal identifying information and forward the invoice for the 69 evaluation to the department. Upon receipt of the invoice, the 70 department shall directly pay the evaluator. 71 (c) The consultant shall provide to the department monthly 72 reports relating to the student evaluation program which must 73 include the number of students who have been evaluated and the 74 cost of the evaluation for each student. If an eligible student 75 is participating in an impaired practitioner program, the report 76 must include the student’s current status in the program, the 77 student’s expected completion date, the evaluator’s name, and 78 the evaluation date. Such reports may not contain any personal 79 identifying information. 80 (d) Program funding shall be made available each fiscal 81 year from the Medical Quality Assurance Trust Fund, as provided 82 by legislative appropriation or by an approved amendment to the 83 department’s operating budget pursuant to chapter 216. If 84 available funding is exhausted in any fiscal year, the program 85 must cease operations until additional funding becomes 86 available. 87 Section 2. This act shall take effect upon becoming a law.