Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (805502) for SB 1760
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2450 - 2473
    4  and insert:
    5         Section 90. Paragraph (i) of subsection (1) of section
    6  458.331, Florida Statutes, is amended to read:
    7         458.331 Grounds for disciplinary action; action by the
    8  board and department.—
    9         (1) The following acts constitute grounds for denial of a
   10  license or disciplinary action, as specified in s. 456.072(2):
   11         (i) Paying or receiving any commission, bonus, kickback, or
   12  rebate, or engaging in any split-fee arrangement in any form
   13  whatsoever with a physician, organization, agency, or person,
   14  either directly or indirectly, for patients referred to
   15  providers of health care goods and services, including, but not
   16  limited to, hospitals, nursing homes, clinical laboratories,
   17  ambulatory surgical centers, or pharmacies. The provisions of
   18  This paragraph may shall not be construed to prevent a physician
   19  from receiving one or more of the following forms of payment or
   20  compensation:
   21         1. A fee for professional consultation services; or
   22         2.If the physician is an employee or independent
   23  contractor of the entity compensating the physician, a share of:
   24         a.Profits, collections, or revenues based on the
   25  professional services rendered or directly supervised by the
   26  physician and provided on behalf of the entity compensating the
   27  physician; or
   28         b.Overall profit or revenue of the entity compensating the
   29  physician provided that such share is not determined in a manner
   30  that directly takes into account the volume or value of services
   31  ordered by, but not performed or directly supervised by, the
   32  physician.
   33         Section 91. Subsection (1) of section 458.345, Florida
   34  Statutes, is amended to read:
   35         458.345 Registration of resident physicians, interns, and
   36  fellows; list of hospital employees; prescribing of medicinal
   37  drugs; penalty.—
   38         (1) Any person desiring to practice as a resident
   39  physician, assistant resident physician, house physician,
   40  intern, or fellow in fellowship training which leads to
   41  subspecialty board certification in this state, or any person
   42  desiring to practice as a resident physician, assistant resident
   43  physician, house physician, intern, or fellow in fellowship
   44  training in a teaching hospital in this state as defined in s.
   45  408.07(44) s. 408.07(45) or s. 395.805(2), who does not hold a
   46  valid, active license issued under this chapter shall apply to
   47  the department to be registered and shall remit a fee not to
   48  exceed $300 as set by the board. The department shall register
   49  any applicant the board certifies has met the following
   50  requirements:
   51         (a) Is at least 21 years of age.
   52         (b) Has not committed any act or offense within or without
   53  the state which would constitute the basis for refusal to
   54  certify an application for licensure pursuant to s. 458.331.
   55         (c) Is a graduate of a medical school or college as
   56  specified in s. 458.311(1)(f).
   57         Section 92. Paragraph (j) of subsection (1) of section
   58  459.015, Florida Statutes, is amended to read:
   59         459.015 Grounds for disciplinary action; action by the
   60  board and department.—
   61         (1) The following acts constitute grounds for denial of a
   62  license or disciplinary action, as specified in s. 456.072(2):
   63         (j) Paying or receiving any commission, bonus, kickback, or
   64  rebate, or engaging in any split-fee arrangement in any form
   65  whatsoever with a physician, organization, agency, person,
   66  partnership, firm, corporation, or other business entity, for
   67  patients referred to providers of health care goods and
   68  services, including, but not limited to, hospitals, nursing
   69  homes, clinical laboratories, ambulatory surgical centers, or
   70  pharmacies. The provisions of This paragraph may shall not be
   71  construed to prevent an osteopathic physician from receiving one
   72  or more of the following forms of payment or compensation:
   73         1. A fee for professional consultation services; or
   74         2.If the osteopathic physician is an employee or
   75  independent contractor of the entity compensating the
   76  osteopathic physician, a share of:
   77         a.Profits, collections, or revenues based on the
   78  professional services rendered or directly supervised by the
   79  osteopathic physician and provided on behalf of the entity
   80  compensating the osteopathic physician; or
   81         b.Overall profit or revenue of the entity compensating the
   82  osteopathic physician provided that such share is not determined
   83  in a manner that directly takes into account the volume or value
   84  of services ordered by, but not performed or directly supervised
   85  by, the osteopathic physician.
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete line 189
   90  and insert:
   91         Enforcement; amending ss. 458.331 and 459.015, F.S.;
   92         revising an exemption relating to grounds for
   93         disciplinary action by the Boards of Medicine and
   94         Osteopathic Medicine and the Department of Health to
   95         authorize specified forms of payment to a physician or
   96         osteopathic physician, respectively; repealing part I
   97         of ch. 483, F.S.,