The Florida Senate

¹456.0375  Registration of certain clinics; requirements; discipline; exemptions.--

(1)(a)  As used in this section, the term "clinic" means a business operating in a single structure or facility, or in a group of adjacent structures or facilities operating under the same business name or management, at which health care services are provided to individuals and which tender charges for reimbursement for such services.

²(b)  For purposes of this section, the term "clinic" does not include and the registration requirements herein do not apply to:

1.  Entities licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, chapter 400, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

2.  Entities that own, directly or indirectly, entities licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, chapter 400, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

3.  Entities that are owned, directly or indirectly, by an entity licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, chapter 400, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

4.  Entities that are under common ownership, directly or indirectly, with an entity licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, chapter 400, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

5.  Entities exempt from federal taxation under 26 U.S.C. s. 501(c)(3) and community college and university clinics.

6.  Sole proprietorships, group practices, partnerships, or corporations that provide health care services by licensed health care practitioners pursuant to chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I, part III, part X, part XIII, or part XIV of chapter 468, or s. 464.012, which are wholly owned by licensed health care practitioners or the licensed health care practitioner and the spouse, parent, or child of a licensed health care practitioner, so long as one of the owners who is a licensed health care practitioner is supervising the services performed therein and is legally responsible for the entity's compliance with all federal and state laws. However, no health care practitioner may supervise services beyond the scope of the practitioner's license.

7.  Clinical facilities affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows.

(2)(a)  Every clinic, as defined in paragraph (1)(a), must register, and must at all times maintain a valid registration, with the Department of Health. Each clinic location shall be registered separately even though operated under the same business name or management, and each clinic shall appoint a medical director or clinical director.

(b)  The department shall adopt rules necessary to implement the registration program, including rules establishing the specific registration procedures, forms, and fees. Registration fees must be reasonably calculated to cover the cost of registration and must be of such amount that the total fees collected do not exceed the cost of administering and enforcing compliance with this section. Registration may be conducted electronically. The registration program must require:

1.  The clinic to file the registration form with the department within 60 days after the effective date of this section or prior to the inception of operation. The registration expires automatically 2 years after its date of issuance and must be renewed biennially.

2.  The registration form to contain the name, residence and business address, phone number, and license number of the medical director or clinical director for the clinic.

3.  The clinic to display the registration certificate in a conspicuous location within the clinic readily visible to all patients.

(3)(a)  Each clinic must employ or contract with a physician maintaining a full and unencumbered physician license in accordance with chapter 458, chapter 459, chapter 460, or chapter 461 to serve as the medical director. However, if the clinic is limited to providing health care services pursuant to chapter 457, chapter 484, chapter 486, chapter 490, or chapter 491 or part I, part III, part X, part XIII, or part XIV of chapter 468, the clinic may appoint a health care practitioner licensed under that chapter to serve as a clinical director who is responsible for the clinic's activities. A health care practitioner may not serve as the clinical director if the services provided at the clinic are beyond the scope of that practitioner's license.

(b)  The medical director or clinical director shall agree in writing to accept legal responsibility for the following activities on behalf of the clinic. The medical director or the clinical director shall:

1.  Have signs identifying the medical director or clinical director posted in a conspicuous location within the clinic readily visible to all patients.

2.  Ensure that all practitioners providing health care services or supplies to patients maintain a current active and unencumbered Florida license.

3.  Review any patient referral contracts or agreements executed by the clinic.

4.  Ensure that all health care practitioners at the clinic have active appropriate certification or licensure for the level of care being provided.

5.  Serve as the clinic records holder as defined in s. 456.057

6.  Ensure compliance with the recordkeeping, office surgery, and adverse incident reporting requirements of this chapter, the respective practice acts, and rules adopted thereunder.

7.  Conduct systematic reviews of clinic billings to ensure that the billings are not fraudulent or unlawful. Upon discovery of an unlawful charge, the medical director shall take immediate corrective action.

(c)  Any contract to serve as a medical director or a clinical director entered into or renewed by a physician or a licensed health care practitioner in violation of this section is void as contrary to public policy. This section shall apply to contracts entered into or renewed on or after October 1, 2001.

(d)  The department, in consultation with the boards, shall adopt rules specifying limitations on the number of registered clinics and licensees for which a medical director or a clinical director may assume responsibility for purposes of this section. In determining the quality of supervision a medical director or a clinical director can provide, the department shall consider the number of clinic employees, clinic location, and services provided by the clinic.

(4)(a)  All charges or reimbursement claims made by or on behalf of a clinic that is required to be registered under this section, but that is not so registered, are unlawful charges and therefore are noncompensable and unenforceable.

(b)  Any person establishing, operating, or managing an unregistered clinic otherwise required to be registered under this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(c)  Any licensed health care practitioner who violates this section is subject to discipline in accordance with this chapter and the respective practice act.

(d)  The department shall revoke the registration of any clinic registered under this section for operating in violation of the requirements of this section or the rules adopted by the department.

(e)  The department shall investigate allegations of noncompliance with this section and the rules adopted pursuant to this section.

History.--s. 3, ch. 2001-271; s. 103, ch. 2001-277; ss. 5, 15, ch. 2003-411.

¹Note.--Repealed March 1, 2004, by s. 15, ch. 2003-411.

²Note.--Section 14, ch. 2003-411, provides that "[t]he amendment made by this act to section 456.0375(1)(b), Florida Statutes, is intended to clarify the legislative intent of this provision as it existed at the time the provision initially took effect. Accordingly, section 456.0375(1)(b), Florida Statutes, as amended by this act shall operate retroactively to October 1, 2001."