Florida Senate - 2017                                     SB 876
       
       
        
       By Senator Young
       
       18-00542-17                                            2017876__
    1                        A bill to be entitled                      
    2         An act relating to programs for impaired health care
    3         practitioners; amending s. 456.076, F.S.; revising
    4         provisions related to impaired practitioner programs;
    5         providing definitions; deleting a requirement that the
    6         Department of Health designate approved programs by
    7         rule; deleting a requirement authorizing the
    8         department to adopt by rule the manner in which
    9         consultants work with the department in intervention,
   10         in evaluating and treating professionals, in providing
   11         and monitoring continued care of impaired
   12         professionals, and in expelling professionals from the
   13         program; authorizing, instead of requiring, the
   14         department to retain one or more consultants to
   15         operate its impaired practitioner program; requiring
   16         the department to establish the terms and conditions
   17         of the program by contract; providing contract terms;
   18         requiring consultants to establish the terms of
   19         monitoring impaired practitioners; authorizing
   20         consultants to consider the recommendations of certain
   21         persons in establishing the terms of monitoring;
   22         authorizing consultants to modify monitoring terms to
   23         protect the health, safety, and welfare of the public;
   24         requiring consultants to assist the department and
   25         licensure boards on matters relating to impaired
   26         practitioners; requiring the department to refer
   27         practitioners to consultants under certain
   28         circumstances; authorizing consultants to withhold
   29         certain information about self-reporting participants
   30         from the department under certain circumstances to
   31         encourage self-reporting; requiring consultants to
   32         disclose all information relating to practitioners who
   33         are terminated from the program for material
   34         noncompliance; providing that all information obtained
   35         by a consultant retains its confidential or exempt
   36         status; providing that consultants, and certain agents
   37         of consultants, may not be held liable financially or
   38         have a cause of action for damages brought against
   39         them for disclosing certain information or for any
   40         other act or omission relating to the program;
   41         authorizing consultants to contract with a school or
   42         program to provide services to certain students;
   43         amending s. 401.411, F.S.; providing that an impaired
   44         practitioner may be reported to a consultant rather
   45         than the department under certain circumstances;
   46         amending s. 455.227, F.S.; conforming provisions to
   47         changes made by the act; amending ss. 456.072,
   48         457.109, 458.331, 459.015, 460.413, 461.013, 462.14,
   49         463.016, and 464.018, F.S.; providing that an impaired
   50         practitioner may be reported to a consultant rather
   51         than the department under certain circumstances;
   52         amending s. 464.204, F.S.; conforming provisions to
   53         changes made by the act; amending ss. 465.016,
   54         466.028, 467.203, 468.217, and 468.3101, F.S.;
   55         providing that an impaired practitioner may be
   56         reported to a consultant rather than the department
   57         under certain circumstances; amending s. 474.221,
   58         F.S.; conforming provisions to changes made by the
   59         act; amending s. 483.825, F.S.; providing that certain
   60         persons may be reported to a consultant rather than
   61         the department under certain circumstances; providing
   62         an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 456.076, Florida Statutes, is amended to
   67  read:
   68         456.076 Impaired practitioner programs Treatment programs
   69  for impaired practitioners.—
   70         (1) As used in this section, the term:
   71         (a)“Consultant” means the individual or entity who
   72  operates an approved impaired practitioner program pursuant to a
   73  contract with the department and who is retained by the
   74  department as provided in subsection (2).
   75         (b)“Evaluator” means a state-licensed or nationally
   76  certified individual who has been approved by a consultant or
   77  the department, who has completed an evaluator training program
   78  established by the consultant, and who is therefore authorized
   79  to evaluate practitioners as part of an impaired practitioner
   80  program.
   81         (c)“Impaired practitioner” means a practitioner with an
   82  impairment.
   83         (d)“Impaired practitioner program” means a program
   84  established by the department by contract with one or more
   85  consultants to serve impaired and potentially impaired
   86  practitioners for the protection of the health, safety, and
   87  welfare of the public.
   88         (e)“Impairment” means a potentially impairing health
   89  condition that is the result of the misuse or abuse of alcohol,
   90  drugs, or both or a mental or physical condition that could
   91  affect a practitioner’s ability to practice with skill and
   92  safety.
   93         (f)“Inability to progress” means a determination by a
   94  consultant based on a participant’s response to treatment and
   95  prognosis that the participant is unable to safely practice
   96  despite compliance with treatment requirements and his or her
   97  participant contract.
   98         (g)“Material noncompliance” means an act or omission by a
   99  participant in violation of his or her participant contract as
  100  determined by the department or consultant.
  101         (h)“Participant” means a practitioner who is participating
  102  in the impaired practitioner program by having entered into a
  103  participant contract. A practitioner ceases to be a participant
  104  when the participant contract is successfully completed or is
  105  terminated for any reason.
  106         (i)“Participant contract” means a formal written document
  107  outlining the requirements established by a consultant for a
  108  participant to successfully complete the impaired practitioner
  109  program, including the participant’s monitoring plan.
  110         (j)“Practitioner” means a person licensed, registered,
  111  certified, or regulated by the department under part III of
  112  chapter 401; chapters 457 through 467; part I, part II, part
  113  III, part V, part X, part XIII, or part XIV of chapter 468;
  114  chapter 478; chapter 480; part III or part IV of chapter 483;
  115  chapter 484; chapter 486; chapter 490; or chapter 491; or an
  116  applicant under the same laws.
  117         (k)“Referral” means a practitioner who has been referred
  118  to a consultant for impaired practitioner program services,
  119  either as a self-referral or otherwise, but who is not under a
  120  participant contract.
  121         (l)“Treatment program” means a department- or consultant
  122  approved residential, intensive outpatient, partial
  123  hospitalization, or other program through which an impaired
  124  practitioner is treated based on the impaired practitioner’s
  125  diagnosis and the treatment plan approved by the consultant.
  126         (m)“Treatment provider” means a department- or consultant
  127  approved state-licensed or nationally certified individual who
  128  provides treatment to an impaired practitioner based on the
  129  practitioner’s individual diagnosis and a treatment plan
  130  approved by the consultant For professions that do not have
  131  impaired practitioner programs provided for in their practice
  132  acts, the department shall, by rule, designate approved impaired
  133  practitioner programs under this section. The department may
  134  adopt rules setting forth appropriate criteria for approval of
  135  treatment providers. The rules may specify the manner in which
  136  the consultant, retained as set forth in subsection (2), works
  137  with the department in intervention, requirements for evaluating
  138  and treating a professional, requirements for continued care of
  139  impaired professionals by approved treatment providers,
  140  continued monitoring by the consultant of the care provided by
  141  approved treatment providers regarding the professionals under
  142  their care, and requirements related to the consultant’s
  143  expulsion of professionals from the program.
  144         (2)(a) The department may shall retain one or more impaired
  145  practitioner consultants to operate its impaired practitioner
  146  program. Each consultant who are each licensees under the
  147  jurisdiction of the Division of Medical Quality Assurance within
  148  the department and who must be:
  149         (a)1. A practitioner or recovered practitioner licensed
  150  under chapter 458, chapter 459, or part I of chapter 464; or
  151         (b)2. An entity that employs:
  152         1.a. A medical director who is must be a practitioner or
  153  recovered practitioner licensed under chapter 458 or chapter
  154  459; or
  155         2.b. An executive director who is must be a registered
  156  nurse or a recovered registered nurse licensed under part I of
  157  chapter 464.
  158         (3)The terms and conditions of the impaired practitioner
  159  program must be established by the department by contract with
  160  each consultant for the protection of the health, safety, and
  161  welfare of the public and must provide, at a minimum, for each
  162  consultant to accept referrals of practitioners who have or are
  163  suspected of having an impairment, arrange for the evaluation
  164  and treatment of such practitioners as recommended by the
  165  consultant, and monitor the recovery progress and status of
  166  impaired practitioners to ensure that such practitioners are
  167  able to practice the profession in which they are licensed with
  168  skill and safety until such time as the consultant or department
  169  concludes that monitoring by the consultant is no longer
  170  required for the protection of the public or the practitioner’s
  171  participation in the program is terminated for material
  172  noncompliance or inability to progress.
  173         (4)The department shall specify, in its contract with each
  174  consultant, the types of licenses, registrations, or
  175  certifications of the practitioners to be served by that
  176  consultant.
  177         (5)A consultant shall establish the terms of monitoring of
  178  an impaired practitioner and shall include the terms in a
  179  participant contract. In establishing the terms of monitoring,
  180  the consultant may consider the recommendations of one or more
  181  approved evaluators, treatment programs, or treatment providers.
  182  A consultant may modify the terms of monitoring if the
  183  consultant concludes, through the course of monitoring, that
  184  extended, additional, or amended terms of monitoring are
  185  required for the protection of the health, safety, and welfare
  186  of the public.
  187         (6)A consultant may not evaluate, treat, or otherwise
  188  provide direct patient care to practitioners in the operation of
  189  the impaired practitioner program.
  190         (7)(b)A An entity retained as an impaired practitioner
  191  consultant under this section which employs a medical director
  192  or an executive director is not required to be licensed as a
  193  substance abuse provider or mental health treatment provider
  194  under chapter 394, chapter 395, or chapter 397 for purposes of
  195  providing services under this program.
  196         (8)(c)1.Each The consultant shall assist the department
  197  and licensure boards on matters of impaired practitioners,
  198  including the determination of probable cause panel and the
  199  department in carrying out the responsibilities of this section.
  200  This includes working with department investigators to determine
  201  whether a practitioner is, in fact, impaired, as specified in
  202  the consultant’s contract with the department.
  203         2.The consultant may contract with a school or program to
  204  provide services to a student enrolled for the purpose of
  205  preparing for licensure as a health care practitioner as defined
  206  in this chapter or as a veterinarian under chapter 474 if the
  207  student is allegedly impaired as a result of the misuse or abuse
  208  of alcohol or drugs, or both, or due to a mental or physical
  209  condition. The department is not responsible for paying for the
  210  care provided by approved treatment providers or a consultant.
  211         (d)A medical school accredited by the Liaison Committee on
  212  Medical Education or the Commission on Osteopathic College
  213  Accreditation, or another school providing for the education of
  214  students enrolled in preparation for licensure as a health care
  215  practitioner as defined in this chapter or a veterinarian under
  216  chapter 474 which is governed by accreditation standards
  217  requiring notice and the provision of due process procedures to
  218  students, is not liable in any civil action for referring a
  219  student to the consultant retained by the department or for
  220  disciplinary actions that adversely affect the status of a
  221  student when the disciplinary actions are instituted in
  222  reasonable reliance on the recommendations, reports, or
  223  conclusions provided by such consultant, if the school, in
  224  referring the student or taking disciplinary action, adheres to
  225  the due process procedures adopted by the applicable
  226  accreditation entities and if the school committed no
  227  intentional fraud in carrying out the provisions of this
  228  section.
  229         (9)(3)Before certifying or declining to certify an
  230  application for licensure to the department, each board and
  231  profession within the Division of Medical Quality Assurance may
  232  delegate to its chair or other designee its authority to
  233  determine, before certifying or declining to certify an
  234  application for licensure to the department, that an applicant
  235  for licensure under its jurisdiction may have an impairment be
  236  impaired as a result of the misuse or abuse of alcohol or drugs,
  237  or both, or due to a mental or physical condition that could
  238  affect the applicant’s ability to practice with skill and
  239  safety. Upon such determination, the chair or other designee may
  240  refer the applicant to the consultant to facilitate for an
  241  evaluation before the board certifies or declines to certify his
  242  or her application to the department. If the applicant agrees to
  243  be evaluated by the consultant, the department’s deadline for
  244  approving or denying the application pursuant to s. 120.60(1) is
  245  tolled until the evaluation is completed and the result of the
  246  evaluation and recommendation by the consultant is communicated
  247  to the board by the consultant. If the applicant declines to be
  248  evaluated by the consultant, the board shall certify or decline
  249  to certify the applicant’s application to the department
  250  notwithstanding the lack of an evaluation and recommendation by
  251  the consultant.
  252         (10)(4)(a) When Whenever the department receives a written
  253  or oral legally sufficient complaint alleging that a
  254  practitioner has an impairment licensee under the jurisdiction
  255  of the Division of Medical Quality Assurance within the
  256  department is impaired as a result of the misuse or abuse of
  257  alcohol or drugs, or both, or due to a mental or physical
  258  condition which could affect the licensee’s ability to practice
  259  with skill and safety, and no complaint exists against the
  260  practitioner licensee other than impairment exists, the
  261  department shall refer the practitioner to the consultant, along
  262  with all information in the department’s possession relating to
  263  the impairment. The impairment does reporting of such
  264  information shall not constitute grounds for discipline pursuant
  265  to s. 456.072 or the corresponding grounds for discipline within
  266  the applicable practice act if the probable cause panel of the
  267  appropriate board, or the department when there is no board,
  268  finds:
  269         1. The practitioner licensee has acknowledged the
  270  impairment problem.
  271         2. The practitioner becomes a participant licensee has
  272  voluntarily enrolled in an impaired practitioner program and
  273  successfully completes a participant contract under terms
  274  established by the consultant appropriate, approved treatment
  275  program.
  276         3. The practitioner licensee has voluntarily withdrawn from
  277  practice or has limited the scope of his or her practice if as
  278  required by the consultant, in each case, until such time as the
  279  panel, or the department when there is no board, is satisfied
  280  the licensee has successfully completed an approved treatment
  281  program.
  282         4. The practitioner licensee has provided to the
  283  consultant, or has authorized the consultant to obtain, all
  284  records and information relating to the impairment from any
  285  source and all other medical records of the practitioner
  286  requested by the consultant executed releases for medical
  287  records, authorizing the release of all records of evaluations,
  288  diagnoses, and treatment of the licensee, including records of
  289  treatment for emotional or mental conditions, to the consultant.
  290  The consultant shall make no copies or reports of records that
  291  do not regard the issue of the licensee’s impairment and his or
  292  her participation in a treatment program.
  293         5.The practitioner has authorized the consultant, in the
  294  event of the practitioner’s termination from the impaired
  295  practitioner program, to report the termination to the
  296  department and provide the department with copies of all
  297  information in the consultant’s possession relating to the
  298  practitioner.
  299         (b) To encourage practitioners who are or may be impaired
  300  to voluntarily self-report to a consultant, the consultant may
  301  not provide information to the department relating to a self
  302  reporting participant if there is no pending department
  303  investigation, complaint, or disciplinary action against the
  304  participant and if the participant is in compliance with the
  305  terms of the impaired practitioner program and any participant
  306  contract, unless authorized by the participant If, however, the
  307  department has not received a legally sufficient complaint and
  308  the licensee agrees to withdraw from practice until such time as
  309  the consultant determines the licensee has satisfactorily
  310  completed an approved treatment program or evaluation, the
  311  probable cause panel, or the department when there is no board,
  312  shall not become involved in the licensee’s case.
  313         (c)Inquiries related to impairment treatment programs
  314  designed to provide information to the licensee and others and
  315  which do not indicate that the licensee presents a danger to the
  316  public shall not constitute a complaint within the meaning of s.
  317  456.073 and shall be exempt from the provisions of this
  318  subsection.
  319         (d)Whenever the department receives a legally sufficient
  320  complaint alleging that a licensee is impaired as described in
  321  paragraph (a) and no complaint against the licensee other than
  322  impairment exists, the department shall forward all information
  323  in its possession regarding the impaired licensee to the
  324  consultant. For the purposes of this section, a suspension from
  325  hospital staff privileges due to the impairment does not
  326  constitute a complaint.
  327         (e)The probable cause panel, or the department when there
  328  is no board, shall work directly with the consultant, and all
  329  information concerning a practitioner obtained from the
  330  consultant by the panel, or the department when there is no
  331  board, shall remain confidential and exempt from the provisions
  332  of s. 119.07(1), subject to the provisions of subsections (6)
  333  and (7).
  334         (f)A finding of probable cause shall not be made as long
  335  as the panel, or the department when there is no board, is
  336  satisfied, based upon information it receives from the
  337  consultant and the department, that the licensee is progressing
  338  satisfactorily in an approved impaired practitioner program and
  339  no other complaint against the licensee exists.
  340         (11)(5) In any disciplinary action for a violation other
  341  than impairment in which a practitioner licensee establishes the
  342  violation for which the practitioner licensee is being
  343  prosecuted was due to or connected with impairment and further
  344  establishes the practitioner licensee is satisfactorily
  345  progressing through or has successfully completed an approved
  346  treatment program pursuant to this section, such information may
  347  be considered by the board, or the department when there is no
  348  board, as a mitigating factor in determining the appropriate
  349  penalty. This subsection does not limit mitigating factors the
  350  board may consider.
  351         (12)(6)(a) Upon request by the consultant, and with the
  352  authorization of the practitioner when required by law, an
  353  approved evaluator, treatment program, or treatment provider
  354  shall, upon request, disclose to the consultant all information
  355  in its possession regarding a referral or participant the issue
  356  of a licensee’s impairment and participation in the treatment
  357  program. All information obtained by the consultant and
  358  department pursuant to this section is confidential and exempt
  359  from the provisions of s. 119.07(1), subject to the provisions
  360  of this subsection and subsection (7). Failure to provide such
  361  information to the consultant is grounds for withdrawal of
  362  approval of such evaluator, treatment program, or treatment
  363  provider.
  364         (b) When a referral or participant is terminated from the
  365  impaired practitioner program for material noncompliance with a
  366  participant contract, inability to progress, or any other
  367  reason, the consultant shall disclose all information in the
  368  consultant’s possession relating to the practitioner to the
  369  department If in the opinion of the consultant, after
  370  consultation with the treatment provider, an impaired licensee
  371  has not progressed satisfactorily in a treatment program, all
  372  information regarding the issue of a licensee’s impairment and
  373  participation in a treatment program in the consultant’s
  374  possession shall be disclosed to the department. Such disclosure
  375  shall constitute a complaint pursuant to the general provisions
  376  of s. 456.073. In addition, whenever the consultant concludes
  377  that impairment affects a practitioner’s licensee’s practice and
  378  constitutes an immediate, serious danger to the public health,
  379  safety, or welfare, the consultant shall immediately communicate
  380  such that conclusion shall be communicated to the department and
  381  disclose all information in the consultant’s possession relating
  382  to the practitioner to the department State Surgeon General.
  383         (13)All confidential or exempt information obtained by the
  384  consultant pursuant to this section retains its confidential or
  385  exempt status when held by the consultant.
  386         (14)(7)An action for damages may not be brought against a
  387  consultant, or a director, an officer, an employee, or an agent
  388  of a consultant, and such person may not be held liable
  389  financially for making a disclosure pursuant to this section or
  390  for the consequences of such disclosure, or for any other action
  391  or omission or the consequences of such action or omission
  392  relating to the impaired practitioner program, including,
  393  without limitation, action by the department against a license,
  394  registration, or certification licensee, or approved treatment
  395  provider who makes a disclosure pursuant to this section is not
  396  subject to civil liability for such disclosure or its
  397  consequences.
  398         (15) The provisions of s. 766.101 apply to any consultant,
  399  or a director, an officer, an employee, or an agent of a
  400  consultant, in regard to providing information relating to a
  401  participant to a medical review committee if the participant
  402  authorized such disclosure officer, employee, or agent of the
  403  department or the board and to any officer, employee, or agent
  404  of any entity with which the department has contracted pursuant
  405  to this section.
  406         (8)(a)A consultant retained pursuant to subsection (2), a
  407  consultant’s officers and employees, and those acting at the
  408  direction of the consultant for the limited purpose of an
  409  emergency intervention on behalf of a licensee or student as
  410  described in subsection (2) when the consultant is unable to
  411  perform such intervention shall be considered agents of the
  412  department for purposes of s. 768.28 while acting within the
  413  scope of the consultant’s duties under the contract with the
  414  department if the contract complies with the requirements of
  415  this section. The contract must require that:
  416         1.The consultant indemnify the state for any liabilities
  417  incurred up to the limits set out in chapter 768.
  418         2.The consultant establish a quality assurance program to
  419  monitor services delivered under the contract.
  420         3.The consultant’s quality assurance program, treatment,
  421  and monitoring records be evaluated quarterly.
  422         4.The consultant’s quality assurance program be subject to
  423  review and approval by the department.
  424         5.The consultant operate under policies and procedures
  425  approved by the department.
  426         6.The consultant provide to the department for approval a
  427  policy and procedure manual that comports with all statutes,
  428  rules, and contract provisions approved by the department.
  429         7.The department be entitled to review the records
  430  relating to the consultant’s performance under the contract for
  431  the purpose of management audits, financial audits, or program
  432  evaluation.
  433         8.All performance measures and standards be subject to
  434  verification and approval by the department.
  435         9.The department be entitled to terminate the contract
  436  with the consultant for noncompliance with the contract.
  437         (16)(b) In accordance with s. 284.385, the Department of
  438  Financial Services shall defend any claim, suit, action, or
  439  proceeding, including a claim, suit, action, or proceeding for
  440  injunctive, affirmative, or declaratory relief, against the
  441  consultant, or the consultant’s directors, officers, or
  442  employees, and agents brought as the result of any action or
  443  omission relating to the impaired practitioner program or those
  444  acting at the direction of the consultant for the limited
  445  purpose of an emergency intervention on behalf of a licensee or
  446  student as described in subsection (2) when the consultant is
  447  unable to perform such intervention, which claim, suit, action,
  448  or proceeding is brought as a result of an act or omission by
  449  any of the consultant’s officers and employees and those acting
  450  under the direction of the consultant for the limited purpose of
  451  an emergency intervention on behalf of the licensee or student
  452  when the consultant is unable to perform such intervention, if
  453  the act or omission arises out of and is in the scope of the
  454  consultant’s duties under its contract with the department.
  455         (17)(c) If a the consultant retained by the department
  456  pursuant to this section subsection (2) is also retained by
  457  another any other state agency to operate an impaired
  458  practitioner program for that agency, this section also applies
  459  to the consultant’s operation of an impaired practitioner
  460  program for that agency, and if the contract between such state
  461  agency and the consultant complies with the requirements of this
  462  section, the consultant, the consultant’s officers and
  463  employees, and those acting under the direction of the
  464  consultant for the limited purpose of an emergency intervention
  465  on behalf of a licensee or student as described in subsection
  466  (2) when the consultant is unable to perform such intervention
  467  shall be considered agents of the state for the purposes of this
  468  section while acting within the scope of and pursuant to
  469  guidelines established in the contract between such state agency
  470  and the consultant.
  471         (18)(9)A An impaired practitioner consultant is the
  472  official custodian of records relating to the referral of an
  473  impaired licensee or applicant to that consultant and any other
  474  interaction between the licensee or applicant and the
  475  consultant. The consultant may disclose to a referral or
  476  participant documents, records, or other information from the
  477  consultant’s file on the referral or participant the impaired
  478  licensee or applicant or his or her designee any information
  479  that is disclosed to or obtained by the consultant or that is
  480  confidential under paragraph (6)(a), but only to the extent that
  481  it is necessary to do so to carry out the consultant’s duties
  482  under the impaired practitioner program and this section, or as
  483  otherwise required by law. The department, and any other entity
  484  that enters into a contract with the consultant to receive the
  485  services of the consultant, has direct administrative control
  486  over the consultant to the extent necessary to receive
  487  disclosures from the consultant as allowed by federal law. If a
  488  disciplinary proceeding is pending, a referral or participant
  489  may obtain a complete copy of the consultant’s file from the
  490  department as provided by an impaired licensee may obtain such
  491  information from the department under s. 456.073.
  492         (19)(a)The consultant may contract with a school or
  493  program to provide impaired practitioner program services to a
  494  student enrolled for the purpose of preparing for licensure as a
  495  health care practitioner as defined in this chapter or as a
  496  veterinarian under chapter 474 if the student has or is
  497  suspected of having an impairment. The department is not
  498  responsible for paying for the care provided by approved
  499  treatment providers or approved treatment programs or for the
  500  services provided by a consultant to a student.
  501         (b)A medical school accredited by the Liaison Committee on
  502  Medical Education or the Commission on Osteopathic College
  503  Accreditation, or another school providing for the education of
  504  students enrolled in preparation for licensure as a health care
  505  practitioner as defined in this chapter, or a veterinarian under
  506  chapter 474, which is governed by accreditation standards
  507  requiring notice and the provision of due process procedures to
  508  students, is not liable in any civil action for referring a
  509  student to the consultant retained by the department or for
  510  disciplinary actions that adversely affect the status of a
  511  student when the disciplinary actions are instituted in
  512  reasonable reliance on the recommendations, reports, or
  513  conclusions provided by such consultant, if the school, in
  514  referring the student or taking disciplinary action, adheres to
  515  the due process procedures adopted by the applicable
  516  accreditation entities and if the school committed no
  517  intentional fraud in carrying out the provisions of this
  518  section.
  519         Section 2. Paragraph (l) of subsection (1) of section
  520  401.411, Florida Statutes, is amended to read:
  521         401.411 Disciplinary action; penalties.—
  522         (1) The department may deny, suspend, or revoke a license,
  523  certificate, or permit or may reprimand or fine any licensee,
  524  certificateholder, or other person operating under this part for
  525  any of the following grounds:
  526         (l) The failure to report to the department any person
  527  known to be in violation of this part. However, a professional
  528  known to be operating under this part without reasonable skill
  529  and without regard for the safety of the public by reason of
  530  illness, drunkenness, or the use of drugs, narcotics, chemicals,
  531  or any other type of material, or as a result of a mental or
  532  physical condition, may be reported to a consultant operating an
  533  impaired practitioner program as described in s. 456.076 rather
  534  than to the department.
  535         Section 3. Paragraph (u) of subsection (1) of section
  536  455.227, Florida Statutes, is amended to read:
  537         455.227 Grounds for discipline; penalties; enforcement.—
  538         (1) The following acts shall constitute grounds for which
  539  the disciplinary actions specified in subsection (2) may be
  540  taken:
  541         (u) Termination from an impaired practitioner program a
  542  treatment program for impaired practitioners as described in s.
  543  456.076 for failure to comply, without good cause, with the
  544  terms of the monitoring or participant treatment contract
  545  entered into by the licensee or failing to successfully complete
  546  a drug or alcohol treatment program.
  547         Section 4. Paragraphs (i) and (hh) of subsection (1) of
  548  section 456.072, Florida Statutes, are amended to read:
  549         456.072 Grounds for discipline; penalties; enforcement.—
  550         (1) The following acts shall constitute grounds for which
  551  the disciplinary actions specified in subsection (2) may be
  552  taken:
  553         (i) Except as provided in s. 465.016, failing to report to
  554  the department any person who the licensee knows is in violation
  555  of this chapter, the chapter regulating the alleged violator, or
  556  the rules of the department or the board. However, a person who
  557  the licensee knows is unable to practice with reasonable skill
  558  and safety to patients by reason of illness or use of alcohol,
  559  drugs, narcotics, chemicals, or any other type of material, or
  560  as a result of a mental or physical condition, may be reported
  561  to a consultant operating an impaired practitioner program as
  562  described in s. 456.076 rather than to the department.
  563         (hh) Being terminated from an impaired practitioner program
  564  that a treatment program for impaired practitioners, which is
  565  overseen by a an impaired practitioner consultant as described
  566  in s. 456.076, for failure to comply, without good cause, with
  567  the terms of the monitoring or participant treatment contract
  568  entered into by the licensee, or for not successfully completing
  569  any drug treatment or alcohol treatment program.
  570         Section 5. Paragraph (f) of subsection (1) of section
  571  457.109, Florida Statutes, is amended to read:
  572         457.109 Disciplinary actions; grounds; action by the
  573  board.—
  574         (1) The following acts constitute grounds for denial of a
  575  license or disciplinary action, as specified in s. 456.072(2):
  576         (f) Failing to report to the department any person who the
  577  licensee knows is in violation of this chapter or of the rules
  578  of the department. However, a person who the licensee knows is
  579  unable to practice acupuncture with reasonable skill and safety
  580  to patients by reason of illness or use of alcohol, drugs,
  581  narcotics, chemicals, or any other type of material, or as a
  582  result of a mental or physical condition, may be reported to a
  583  consultant operating an impaired practitioner program as
  584  described in s. 456.076 rather than to the department.
  585         Section 6. Paragraph (e) of subsection (1) of section
  586  458.331, Florida Statutes, is amended to read:
  587         458.331 Grounds for disciplinary action; action by the
  588  board and department.—
  589         (1) The following acts constitute grounds for denial of a
  590  license or disciplinary action, as specified in s. 456.072(2):
  591         (e) Failing to report to the department any person who the
  592  licensee knows is in violation of this chapter or of the rules
  593  of the department or the board. However, a person who the
  594  licensee knows is unable to practice medicine with reasonable
  595  skill and safety to patients by reason of illness or use of
  596  alcohol, drugs, narcotics, chemicals, or any other type of
  597  material, or as a result of a mental or physical condition, may
  598  be reported to a consultant operating an impaired practitioner
  599  program as described in s. 456.076 rather than to the department
  600  A treatment provider approved pursuant to s. 456.076 shall
  601  provide the department or consultant with information in
  602  accordance with the requirements of s. 456.076(4), (5), (6),
  603  (7), and (9).
  604         Section 7. Paragraph (e) of subsection (1) of section
  605  459.015, Florida Statutes, is amended to read:
  606         459.015 Grounds for disciplinary action; action by the
  607  board and department.—
  608         (1) The following acts constitute grounds for denial of a
  609  license or disciplinary action, as specified in s. 456.072(2):
  610         (e) Failing to report to the department or the department’s
  611  impaired professional consultant any person who the licensee or
  612  certificateholder knows is in violation of this chapter or of
  613  the rules of the department or the board. However, a person who
  614  the licensee knows is unable to practice osteopathic medicine
  615  with reasonable skill and safety to patients by reason of
  616  illness or use of alcohol, drugs, narcotics, chemicals, or any
  617  other type of material, or as a result of a mental or physical
  618  condition, may be reported to a consultant operating an impaired
  619  practitioner program as described in s. 456.076 rather than to
  620  the department A treatment provider, approved pursuant to s.
  621  456.076, shall provide the department or consultant with
  622  information in accordance with the requirements of s.
  623  456.076(4), (5), (6), (7), and (9).
  624         Section 8. Paragraph (g) of subsection (1) of section
  625  460.413, Florida Statutes, is amended to read:
  626         460.413 Grounds for disciplinary action; action by board or
  627  department.—
  628         (1) The following acts constitute grounds for denial of a
  629  license or disciplinary action, as specified in s. 456.072(2):
  630         (g) Failing to report to the department any person who the
  631  licensee knows is in violation of this chapter or of the rules
  632  of the department or the board. However, a person who the
  633  licensee knows is unable to practice chiropractic medicine with
  634  reasonable skill and safety to patients by reason of illness or
  635  use of alcohol, drugs, narcotics, chemicals, or any other type
  636  of material, or as a result of a mental or physical condition,
  637  may be reported to a consultant operating an impaired
  638  practitioner program as described in s. 456.076 rather than to
  639  the department.
  640         Section 9. Paragraph (f) of subsection (1) of section
  641  461.013, Florida Statutes, is amended to read:
  642         461.013 Grounds for disciplinary action; action by the
  643  board; investigations by department.—
  644         (1) The following acts constitute grounds for denial of a
  645  license or disciplinary action, as specified in s. 456.072(2):
  646         (f) Failing to report to the department any person who the
  647  licensee knows is in violation of this chapter or of the rules
  648  of the department or the board. However, a person who the
  649  licensee knows is unable to practice podiatric medicine with
  650  reasonable skill and safety to patients by reason of illness or
  651  use of alcohol, drugs, narcotics, chemicals, or any other type
  652  of material, or as a result of a mental or physical condition,
  653  may be reported to a consultant operating an impaired
  654  practitioner program as described in s. 456.076 rather than to
  655  the department.
  656         Section 10. Paragraph (f) of subsection (1) of section
  657  462.14, Florida Statutes, is amended to read:
  658         462.14 Grounds for disciplinary action; action by the
  659  department.—
  660         (1) The following acts constitute grounds for denial of a
  661  license or disciplinary action, as specified in s. 456.072(2):
  662         (f) Failing to report to the department any person who the
  663  licensee knows is in violation of this chapter or of the rules
  664  of the department. However, a person who the licensee knows is
  665  unable to practice naturopathic medicine with reasonable skill
  666  and safety to patients by reason of illness or use of alcohol,
  667  drugs, narcotics, chemicals, or any other type of material, or
  668  as a result of a mental or physical condition, may be reported
  669  to a consultant operating an impaired practitioner program as
  670  described in s. 456.076 rather than to the department.
  671         Section 11. Paragraph (l) of subsection (1) of section
  672  463.016, Florida Statutes, is amended to read:
  673         463.016 Grounds for disciplinary action; action by the
  674  board.—
  675         (1) The following acts constitute grounds for denial of a
  676  license or disciplinary action, as specified in s. 456.072(2):
  677         (l) Willfully failing to report any person who the licensee
  678  knows is in violation of this chapter or of rules of the
  679  department or the board. However, a person who the licensee
  680  knows is unable to practice optometry with reasonable skill and
  681  safety to patients by reason of illness or use of alcohol,
  682  drugs, narcotics, chemicals, or any other type of material, or
  683  as a result of a mental or physical condition, may be reported
  684  to a consultant operating an impaired practitioner program as
  685  described in s. 456.076 rather than to the department.
  686         Section 12. Paragraph (k) of subsection (1) of section
  687  464.018, Florida Statutes, is amended to read:
  688         464.018 Disciplinary actions.—
  689         (1) The following acts constitute grounds for denial of a
  690  license or disciplinary action, as specified in s. 456.072(2):
  691         (k) Failing to report to the department any person who the
  692  licensee knows is in violation of this part or of the rules of
  693  the department or the board. However, a person who the licensee
  694  knows is unable to practice nursing with reasonable skill and
  695  safety to patients by reason of illness or use of alcohol,
  696  drugs, narcotics, chemicals, or any other type of material, or
  697  as a result of a mental or physical condition, may be reported
  698  to a consultant operating an impaired practitioner program as
  699  described in s. 456.076 rather than to the department; however,
  700  if the licensee verifies that such person is actively
  701  participating in a board-approved program for the treatment of a
  702  physical or mental condition, the licensee is required to report
  703  such person only to an impaired professionals consultant.
  704         Section 13. Paragraph (c) of subsection (2) of section
  705  464.204, Florida Statutes, is amended to read:
  706         464.204 Denial, suspension, or revocation of certification;
  707  disciplinary actions.—
  708         (2) When the board finds any person guilty of any of the
  709  grounds set forth in subsection (1), it may enter an order
  710  imposing one or more of the following penalties:
  711         (c) Imposition of probation or restriction of
  712  certification, including conditions such as corrective actions
  713  as retraining or compliance with the department’s impaired
  714  practitioner program operated by a consultant as described in s.
  715  456.076 an approved treatment program for impaired
  716  practitioners.
  717         Section 14. Paragraph (o) of subsection (1) of section
  718  465.016, Florida Statutes, is amended to read:
  719         465.016 Disciplinary actions.—
  720         (1) The following acts constitute grounds for denial of a
  721  license or disciplinary action, as specified in s. 456.072(2):
  722         (o) Failing to report to the department any licensee under
  723  chapter 458 or under chapter 459 who the pharmacist knows has
  724  violated the grounds for disciplinary action set out in the law
  725  under which that person is licensed and who provides health care
  726  services in a facility licensed under chapter 395, or a health
  727  maintenance organization certificated under part I of chapter
  728  641, in which the pharmacist also provides services. However, a
  729  person who the licensee knows is unable to practice medicine or
  730  osteopathic medicine with reasonable skill and safety to
  731  patients by reason of illness or use of alcohol, drugs,
  732  narcotics, chemicals, or any other type of material, or as a
  733  result of a mental or physical condition, may be reported to a
  734  consultant operating an impaired practitioner program as
  735  described in s. 456.076 rather than to the department.
  736         Section 15. Paragraph (f) of subsection (1) of section
  737  466.028, Florida Statutes, is amended to read:
  738         466.028 Grounds for disciplinary action; action by the
  739  board.—
  740         (1) The following acts constitute grounds for denial of a
  741  license or disciplinary action, as specified in s. 456.072(2):
  742         (f) Failing to report to the department any person who the
  743  licensee knows, or has reason to believe, is clearly in
  744  violation of this chapter or of the rules of the department or
  745  the board. However, a person who the licensee knows, or has
  746  reason to believe, is clearly unable to practice her or his
  747  profession with reasonable skill and safety to patients by
  748  reason of illness or use of alcohol, drugs, narcotics,
  749  chemicals, or any other type of material, or as a result of a
  750  mental or physical condition, may be reported to a consultant
  751  operating an impaired practitioner program as described in s.
  752  456.076 rather than to the department.
  753         Section 16. Paragraph (h) of subsection (1) of section
  754  467.203, Florida Statutes, is amended to read:
  755         467.203 Disciplinary actions; penalties.—
  756         (1) The following acts constitute grounds for denial of a
  757  license or disciplinary action, as specified in s. 456.072(2):
  758         (h) Failing to report to the department any person who the
  759  licensee knows is in violation of this chapter or of the rules
  760  of the department. However, a person who the licensee knows is
  761  unable to practice midwifery with reasonable skill and safety to
  762  patients by reason of illness or use of alcohol, drugs,
  763  narcotics, chemicals, or any other type of material, or as a
  764  result of a mental or physical condition, may be reported to a
  765  consultant operating an impaired practitioner program as
  766  described in s. 456.076 rather than to the department.
  767         Section 17. Paragraph (f) of subsection (1) of section
  768  468.217, Florida Statutes, is amended to read:
  769         468.217 Denial of or refusal to renew license; suspension
  770  and revocation of license and other disciplinary measures.—
  771         (1) The following acts constitute grounds for denial of a
  772  license or disciplinary action, as specified in s. 456.072(2):
  773         (f) Failing to report to the department any person who the
  774  licensee knows is in violation of this part or of the rules of
  775  the department or of the board. However, a person who the
  776  licensee knows is unable to practice occupational therapy with
  777  reasonable skill and safety to patients by reason of illness or
  778  use of alcohol, drugs, narcotics, chemicals, or any other type
  779  of material, or as a result of a mental or physical condition,
  780  may be reported to a consultant operating an impaired
  781  practitioner program as described in s. 456.076 rather than to
  782  the department.
  783         Section 18. Paragraph (n) of subsection (1) of section
  784  468.3101, Florida Statutes, is amended to read:
  785         468.3101 Disciplinary grounds and actions.—
  786         (1) The department may make or require to be made any
  787  investigations, inspections, evaluations, and tests, and require
  788  the submission of any documents and statements, which it
  789  considers necessary to determine whether a violation of this
  790  part has occurred. The following acts shall be grounds for
  791  disciplinary action as set forth in this section:
  792         (n) Being terminated from an impaired practitioner program
  793  operated by a consultant as described in s. 456.076 for failure
  794  to comply, without good cause, with the terms of monitoring or a
  795  participant contract entered into by the licensee, or for not
  796  successfully completing a drug treatment or alcohol treatment
  797  program Failing to comply with the recommendations of the
  798  department’s impaired practitioner program for treatment,
  799  evaluation, or monitoring. A letter from the director of the
  800  impaired practitioner program that the certificateholder is not
  801  in compliance shall be considered conclusive proof under this
  802  part.
  803         Section 19. Section 474.221, Florida Statutes, is amended
  804  to read:
  805         474.221 Impaired practitioner provisions; applicability.
  806  Notwithstanding the transfer of the Division of Medical Quality
  807  Assurance to the Department of Health or any other provision of
  808  law to the contrary, veterinarians licensed under this chapter
  809  shall be governed by the treatment of impaired practitioner
  810  program provisions of s. 456.076 as if they were under the
  811  jurisdiction of the Division of Medical Quality Assurance,
  812  except that for veterinarians the Department of Business and
  813  Professional Regulation shall, at its option, exercise any of
  814  the powers granted to the Department of Health by that section,
  815  and “board” shall mean board as defined in this chapter.
  816         Section 20. Paragraph (o) of subsection (1) of section
  817  483.825, Florida Statutes, is amended to read:
  818         483.825 Grounds for disciplinary action.—
  819         (1) The following acts constitute grounds for denial of a
  820  license or disciplinary action, as specified in s. 456.072(2):
  821         (o) Failing to report to the department a person or other
  822  licensee who the licensee knows is in violation of this chapter
  823  or the rules of the department or board adopted hereunder.
  824  However, a person or other licensee who the licensee knows is
  825  unable to perform or report on clinical laboratory examinations
  826  with reasonable skill and safety to patients by reason of
  827  illness or use of alcohol, drugs, narcotics, chemicals, or any
  828  other type of material, or as a result of a mental or physical
  829  condition, may be reported to a consultant operating an impaired
  830  practitioner program as described in s. 456.076 rather than to
  831  the department.
  832         Section 21. This act shall take effect upon becoming a law.