SENATE AMENDMENT
    Bill No. CS for SB 28-E
    Amendment No. ___   Barcode 625390
                            CHAMBER ACTION
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11  Senator Burt moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 15, between lines 29 and 30,
15  
16  insert:  
17         Section 7.  Paragraph (d) of subsection (2) of section
18  456.072, Florida Statutes, is amended to read:
19         456.072  Grounds for discipline; penalties;
20  enforcement.--
21         (2)  When the board, or the department when there is no
22  board, finds any person guilty of the grounds set forth in
23  subsection (1) or of any grounds set forth in the applicable
24  practice act, including conduct constituting a substantial
25  violation of subsection (1) or a violation of the applicable
26  practice act which occurred prior to obtaining a license, it
27  may enter an order imposing one or more of the following
28  penalties:
29         (d)  Imposition of an administrative fine not to exceed
30  $25,000 $10,000 for each count or separate offense. If the
31  violation is for fraud or making a false or fraudulent
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SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 representation, the board, or the department if there is no 2 board, must impose a fine of $10,000 per count or offense. 3 4 In determining what action is appropriate, the board, or 5 department when there is no board, must first consider what 6 sanctions are necessary to protect the public or to compensate 7 the patient. Only after those sanctions have been imposed may 8 the disciplining authority consider and include in the order 9 requirements designed to rehabilitate the practitioner. All 10 costs associated with compliance with orders issued under this 11 subsection are the obligation of the practitioner. 12 Section 1. For the purpose of incorporating the 13 amendment to section 456.072, Florida Statutes, in a reference 14 thereto, subsection (2) of section 456.082, Florida Statutes, 15 is reenacted to read: 16 456.082 Disclosure of confidential information.-- 17 (2) Any person who willfully violates any provision of 18 this section is guilty of a misdemeanor of the first degree, 19 punishable as provided in s. 775.082 or s. 775.083, and may be 20 subject to discipline pursuant to s. 456.072, and, if 21 applicable, shall be removed from office, employment, or the 22 contractual relationship. 23 Section 2. For the purpose of incorporating the 24 amendment to section 456.072, Florida Statutes, in references 25 thereto, subsections (1) and (2) of section 457.109, Florida 26 Statutes, are reenacted to read: 27 457.109 Disciplinary actions; grounds; action by the 28 board.-- 29 (1) The following acts constitute grounds for denial 30 of a license or disciplinary action, as specified in s. 31 456.072(2): 2 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (a) Attempting to obtain, obtaining, or renewing a 2 license to practice acupuncture by bribery, by fraudulent 3 misrepresentations, or through an error of the department. 4 (b) Having a license to practice acupuncture revoked, 5 suspended, or otherwise acted against, including the denial of 6 licensure, by the licensing authority of another state, 7 territory, or country. 8 (c) Being convicted or found guilty, regardless of 9 adjudication, in any jurisdiction of a crime which directly 10 relates to the practice of acupuncture or to the ability to 11 practice acupuncture. Any plea of nolo contendere shall be 12 considered a conviction for purposes of this chapter. 13 (d) False, deceptive, or misleading advertising or 14 advertising which claims that acupuncture is useful in curing 15 any disease. 16 (e) Advertising, practicing, or attempting to practice 17 under a name other than one's own. 18 (f) Failing to report to the department any person who 19 the licensee knows is in violation of this chapter or of the 20 rules of the department. 21 (g) Aiding, assisting, procuring, employing, or 22 advising any unlicensed person to practice acupuncture 23 contrary to this chapter or to a rule of the department. 24 (h) Failing to perform any statutory or legal 25 obligation placed upon a licensed acupuncturist. 26 (i) Making or filing a report which the licensee knows 27 to be false, intentionally or negligently failing to file a 28 report or record required by state or federal law, willfully 29 impeding or obstructing such filing or inducing another person 30 to do so. Such reports or records shall include only those 31 which are signed in the capacity as a licensed acupuncturist. 3 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (j) Exercising influence within a 2 patient-acupuncturist relationship for purposes of engaging a 3 patient in sexual activity. A patient shall be presumed to be 4 incapable of giving free, full, and informed consent to sexual 5 activity with his or her acupuncturist. 6 (k) Making deceptive, untrue, or fraudulent 7 representations in the practice of acupuncture or employing a 8 trick or scheme in the practice of acupuncture when such 9 scheme or trick fails to conform to the generally prevailing 10 standards of treatment in the community. 11 (l) Soliciting patients, either personally or through 12 an agent, through the use of fraud, intimidation, undue 13 influence, or a form of overreaching or vexatious conduct. A 14 solicitation is any communication which directly or implicitly 15 requests an immediate oral response from the recipient. 16 (m) Failing to keep written medical records justifying 17 the course of treatment of the patient. 18 (n) Exercising influence on the patient to exploit the 19 patient for the financial gain of the licensee or of a third 20 party. 21 (o) Being unable to practice acupuncture with 22 reasonable skill and safety to patients by reason of illness 23 or use of alcohol, drugs, narcotics, chemicals, or any other 24 type of material or as a result of any mental or physical 25 condition. In enforcing this paragraph, upon a finding of the 26 secretary or the secretary's designee that probable cause 27 exists to believe that the licensee is unable to serve as an 28 acupuncturist due to the reasons stated in this paragraph, the 29 department shall have the authority to issue an order to 30 compel the licensee to submit to a mental or physical 31 examination by a physician designated by the department. If 4 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 the licensee refuses to comply with such order, the 2 department's order directing such examination may be enforced 3 by filing a petition for enforcement in the circuit court 4 where the licensee resides or serves as an acupuncturist. The 5 licensee against whom the petition is filed shall not be named 6 or identified by initials in any public court record or 7 document, and the proceedings shall be closed to the public. 8 The department shall be entitled to the summary procedure 9 provided in s. 51.011. An acupuncturist affected under this 10 paragraph shall at reasonable intervals be afforded an 11 opportunity to demonstrate that he or she can resume the 12 competent practice of acupuncture with reasonable skill and 13 safety to patients. In any proceeding under this paragraph, 14 neither the record of proceedings nor the orders entered by 15 the department shall be used against an acupuncturist in any 16 other proceeding. 17 (p) Gross or repeated malpractice or the failure to 18 practice acupuncture with that level of care, skill, and 19 treatment which is recognized by a reasonably prudent similar 20 acupuncturist as being acceptable under similar conditions and 21 circumstances. 22 (q) Practicing or offering to practice beyond the 23 scope permitted by law or accepting and performing 24 professional responsibilities which the licensee knows or has 25 reason to know that he or she is not competent to perform. 26 (r) Delegating professional responsibilities to a 27 person when the licensee delegating such responsibilities 28 knows or has reason to know that such person is not qualified 29 by training, experience, or licensure to perform them. 30 (s) Violating a lawful order of the board previously 31 entered in a disciplinary hearing or failing to comply with a 5 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 lawfully issued subpoena of the department. 2 (t) Conspiring with another to commit an act, or 3 committing an act, which would tend to coerce, intimidate, or 4 preclude another licensee from lawfully advertising his or her 5 services. 6 (u) Fraud or deceit or gross negligence, incompetence, 7 or misconduct in the operation of a course of study. 8 (v) Failing to comply with state, county, or municipal 9 regulations or reporting requirements relating to public 10 health and the control of contagious and infectious diseases. 11 (w) Failing to comply with any rule of the board 12 relating to health and safety, including, but not limited to, 13 the sterilization of needles and equipment and the disposal of 14 potentially infectious materials. 15 (x) Violating any provision of this chapter or chapter 16 456, or any rules adopted pursuant thereto. 17 (2) The board may enter an order denying licensure or 18 imposing any of the penalties in s. 456.072(2) against any 19 applicant for licensure or licensee who is found guilty of 20 violating any provision of subsection (1) of this section or 21 who is found guilty of violating any provision of s. 22 456.072(1). 23 Section 3. For the purpose of incorporating the 24 amendment to section 456.072, Florida Statutes, in references 25 thereto, subsections (1) and (2) of section 458.331, Florida 26 Statutes, are reenacted to read: 27 458.331 Grounds for disciplinary action; action by the 28 board and department.-- 29 (1) The following acts constitute grounds for denial 30 of a license or disciplinary action, as specified in s. 31 456.072(2): 6 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (a) Attempting to obtain, obtaining, or renewing a 2 license to practice medicine by bribery, by fraudulent 3 misrepresentations, or through an error of the department or 4 the board. 5 (b) Having a license or the authority to practice 6 medicine revoked, suspended, or otherwise acted against, 7 including the denial of licensure, by the licensing authority 8 of any jurisdiction, including its agencies or subdivisions. 9 The licensing authority's acceptance of a physician's 10 relinquishment of a license, stipulation, consent order, or 11 other settlement, offered in response to or in anticipation of 12 the filing of administrative charges against the physician's 13 license, shall be construed as action against the physician's 14 license. 15 (c) Being convicted or found guilty of, or entering a 16 plea of nolo contendere to, regardless of adjudication, a 17 crime in any jurisdiction which directly relates to the 18 practice of medicine or to the ability to practice medicine. 19 (d) False, deceptive, or misleading advertising. 20 (e) Failing to report to the department any person who 21 the licensee knows is in violation of this chapter or of the 22 rules of the department or the board. A treatment provider 23 approved pursuant to s. 456.076 shall provide the department 24 or consultant with information in accordance with the 25 requirements of s. 456.076(3), (4), (5), and (6). 26 (f) Aiding, assisting, procuring, or advising any 27 unlicensed person to practice medicine contrary to this 28 chapter or to a rule of the department or the board. 29 (g) Failing to perform any statutory or legal 30 obligation placed upon a licensed physician. 31 (h) Making or filing a report which the licensee knows 7 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 to be false, intentionally or negligently failing to file a 2 report or record required by state or federal law, willfully 3 impeding or obstructing such filing or inducing another person 4 to do so. Such reports or records shall include only those 5 which are signed in the capacity as a licensed physician. 6 (i) Paying or receiving any commission, bonus, 7 kickback, or rebate, or engaging in any split-fee arrangement 8 in any form whatsoever with a physician, organization, agency, 9 or person, either directly or indirectly, for patients 10 referred to providers of health care goods and services, 11 including, but not limited to, hospitals, nursing homes, 12 clinical laboratories, ambulatory surgical centers, or 13 pharmacies. The provisions of this paragraph shall not be 14 construed to prevent a physician from receiving a fee for 15 professional consultation services. 16 (j) Exercising influence within a patient-physician 17 relationship for purposes of engaging a patient in sexual 18 activity. A patient shall be presumed to be incapable of 19 giving free, full, and informed consent to sexual activity 20 with his or her physician. 21 (k) Making deceptive, untrue, or fraudulent 22 representations in or related to the practice of medicine or 23 employing a trick or scheme in the practice of medicine. 24 (l) Soliciting patients, either personally or through 25 an agent, through the use of fraud, intimidation, undue 26 influence, or a form of overreaching or vexatious conduct. A 27 solicitation is any communication which directly or implicitly 28 requests an immediate oral response from the recipient. 29 (m) Failing to keep legible, as defined by department 30 rule in consultation with the board, medical records that 31 identify the licensed physician or the physician extender and 8 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 supervising physician by name and professional title who is or 2 are responsible for rendering, ordering, supervising, or 3 billing for each diagnostic or treatment procedure and that 4 justify the course of treatment of the patient, including, but 5 not limited to, patient histories; examination results; test 6 results; records of drugs prescribed, dispensed, or 7 administered; and reports of consultations and 8 hospitalizations. 9 (n) Exercising influence on the patient or client in 10 such a manner as to exploit the patient or client for 11 financial gain of the licensee or of a third party, which 12 shall include, but not be limited to, the promoting or selling 13 of services, goods, appliances, or drugs. 14 (o) Promoting or advertising on any prescription form 15 of a community pharmacy unless the form shall also state "This 16 prescription may be filled at any pharmacy of your choice." 17 (p) Performing professional services which have not 18 been duly authorized by the patient or client, or his or her 19 legal representative, except as provided in s. 743.064, s. 20 766.103, or s. 768.13. 21 (q) Prescribing, dispensing, administering, mixing, or 22 otherwise preparing a legend drug, including any controlled 23 substance, other than in the course of the physician's 24 professional practice. For the purposes of this paragraph, it 25 shall be legally presumed that prescribing, dispensing, 26 administering, mixing, or otherwise preparing legend drugs, 27 including all controlled substances, inappropriately or in 28 excessive or inappropriate quantities is not in the best 29 interest of the patient and is not in the course of the 30 physician's professional practice, without regard to his or 31 her intent. 9 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (r) Prescribing, dispensing, or administering any 2 medicinal drug appearing on any schedule set forth in chapter 3 893 by the physician to himself or herself, except one 4 prescribed, dispensed, or administered to the physician by 5 another practitioner authorized to prescribe, dispense, or 6 administer medicinal drugs. 7 (s) Being unable to practice medicine with reasonable 8 skill and safety to patients by reason of illness or use of 9 alcohol, drugs, narcotics, chemicals, or any other type of 10 material or as a result of any mental or physical condition. 11 In enforcing this paragraph, the department shall have, upon a 12 finding of the secretary or the secretary's designee that 13 probable cause exists to believe that the licensee is unable 14 to practice medicine because of the reasons stated in this 15 paragraph, the authority to issue an order to compel a 16 licensee to submit to a mental or physical examination by 17 physicians designated by the department. If the licensee 18 refuses to comply with such order, the department's order 19 directing such examination may be enforced by filing a 20 petition for enforcement in the circuit court where the 21 licensee resides or does business. The licensee against whom 22 the petition is filed may not be named or identified by 23 initials in any public court records or documents, and the 24 proceedings shall be closed to the public. The department 25 shall be entitled to the summary procedure provided in s. 26 51.011. A licensee or certificateholder affected under this 27 paragraph shall at reasonable intervals be afforded an 28 opportunity to demonstrate that he or she can resume the 29 competent practice of medicine with reasonable skill and 30 safety to patients. 31 (t) Gross or repeated malpractice or the failure to 10 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 practice medicine with that level of care, skill, and 2 treatment which is recognized by a reasonably prudent similar 3 physician as being acceptable under similar conditions and 4 circumstances. The board shall give great weight to the 5 provisions of s. 766.102 when enforcing this paragraph. As 6 used in this paragraph, "repeated malpractice" includes, but 7 is not limited to, three or more claims for medical 8 malpractice within the previous 5-year period resulting in 9 indemnities being paid in excess of $25,000 each to the 10 claimant in a judgment or settlement and which incidents 11 involved negligent conduct by the physician. As used in this 12 paragraph, "gross malpractice" or "the failure to practice 13 medicine with that level of care, skill, and treatment which 14 is recognized by a reasonably prudent similar physician as 15 being acceptable under similar conditions and circumstances," 16 shall not be construed so as to require more than one 17 instance, event, or act. Nothing in this paragraph shall be 18 construed to require that a physician be incompetent to 19 practice medicine in order to be disciplined pursuant to this 20 paragraph. 21 (u) Performing any procedure or prescribing any 22 therapy which, by the prevailing standards of medical practice 23 in the community, would constitute experimentation on a human 24 subject, without first obtaining full, informed, and written 25 consent. 26 (v) Practicing or offering to practice beyond the 27 scope permitted by law or accepting and performing 28 professional responsibilities which the licensee knows or has 29 reason to know that he or she is not competent to perform. The 30 board may establish by rule standards of practice and 31 standards of care for particular practice settings, including, 11 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 but not limited to, education and training, equipment and 2 supplies, medications including anesthetics, assistance of and 3 delegation to other personnel, transfer agreements, 4 sterilization, records, performance of complex or multiple 5 procedures, informed consent, and policy and procedure 6 manuals. 7 (w) Delegating professional responsibilities to a 8 person when the licensee delegating such responsibilities 9 knows or has reason to know that such person is not qualified 10 by training, experience, or licensure to perform them. 11 (x) Violating a lawful order of the board or 12 department previously entered in a disciplinary hearing or 13 failing to comply with a lawfully issued subpoena of the 14 department. 15 (y) Conspiring with another licensee or with any other 16 person to commit an act, or committing an act, which would 17 tend to coerce, intimidate, or preclude another licensee from 18 lawfully advertising his or her services. 19 (z) Procuring, or aiding or abetting in the procuring 20 of, an unlawful termination of pregnancy. 21 (aa) Presigning blank prescription forms. 22 (bb) Prescribing any medicinal drug appearing on 23 Schedule II in chapter 893 by the physician for office use. 24 (cc) Prescribing, ordering, dispensing, administering, 25 supplying, selling, or giving any drug which is a Schedule II 26 amphetamine or a Schedule II sympathomimetic amine drug or any 27 compound thereof, pursuant to chapter 893, to or for any 28 person except for: 29 1. The treatment of narcolepsy; hyperkinesis; 30 behavioral syndrome characterized by the developmentally 31 inappropriate symptoms of moderate to severe distractability, 12 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 short attention span, hyperactivity, emotional lability, and 2 impulsivity; or drug-induced brain dysfunction; 3 2. The differential diagnostic psychiatric evaluation 4 of depression or the treatment of depression shown to be 5 refractory to other therapeutic modalities; or 6 3. The clinical investigation of the effects of such 7 drugs or compounds when an investigative protocol therefor is 8 submitted to, reviewed, and approved by the board before such 9 investigation is begun. 10 (dd) Failing to supervise adequately the activities of 11 those physician assistants, paramedics, emergency medical 12 technicians, or advanced registered nurse practitioners acting 13 under the supervision of the physician. 14 (ee) Prescribing, ordering, dispensing, administering, 15 supplying, selling, or giving growth hormones, testosterone or 16 its analogs, human chorionic gonadotropin (HCG), or other 17 hormones for the purpose of muscle building or to enhance 18 athletic performance. For the purposes of this subsection, the 19 term "muscle building" does not include the treatment of 20 injured muscle. A prescription written for the drug products 21 listed above may be dispensed by the pharmacist with the 22 presumption that the prescription is for legitimate medical 23 use. 24 (ff) Prescribing, ordering, dispensing, administering, 25 supplying, selling, or giving amygdalin (laetrile) to any 26 person. 27 (gg) Misrepresenting or concealing a material fact at 28 any time during any phase of a licensing or disciplinary 29 process or procedure. 30 (hh) Improperly interfering with an investigation or 31 with any disciplinary proceeding. 13 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (ii) Failing to report to the department any licensee 2 under this chapter or under chapter 459 who the physician or 3 physician assistant knows has violated the grounds for 4 disciplinary action set out in the law under which that person 5 is licensed and who provides health care services in a 6 facility licensed under chapter 395, or a health maintenance 7 organization certificated under part I of chapter 641, in 8 which the physician or physician assistant also provides 9 services. 10 (jj) Being found by any court in this state to have 11 provided corroborating written medical expert opinion attached 12 to any statutorily required notice of claim or intent or to 13 any statutorily required response rejecting a claim, without 14 reasonable investigation. 15 (kk) Failing to report to the board, in writing, 16 within 30 days if action as defined in paragraph (b) has been 17 taken against one's license to practice medicine in another 18 state, territory, or country. 19 (ll) Advertising or holding oneself out as a 20 board-certified specialist, if not qualified under s. 21 458.3312, in violation of this chapter. 22 (mm) Failing to comply with the requirements of ss. 23 381.026 and 381.0261 to provide patients with information 24 about their patient rights and how to file a patient 25 complaint. 26 (nn) Violating any provision of this chapter or 27 chapter 456, or any rules adopted pursuant thereto. 28 (2) The board may enter an order denying licensure or 29 imposing any of the penalties in s. 456.072(2) against any 30 applicant for licensure or licensee who is found guilty of 31 violating any provision of subsection (1) of this section or 14 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 who is found guilty of violating any provision of s. 2 456.072(1). In determining what action is appropriate, the 3 board must first consider what sanctions are necessary to 4 protect the public or to compensate the patient. Only after 5 those sanctions have been imposed may the disciplining 6 authority consider and include in the order requirements 7 designed to rehabilitate the physician. All costs associated 8 with compliance with orders issued under this subsection are 9 the obligation of the physician. 10 Section 4. For the purpose of incorporating the 11 amendment to section 456.072, Florida Statutes, in a reference 12 thereto, paragraph (g) of subsection (7) of section 458.347, 13 Florida Statutes, is reenacted to read: 14 458.347 Physician assistants.-- 15 (7) PHYSICIAN ASSISTANT LICENSURE.-- 16 (g) The Board of Medicine may impose any of the 17 penalties authorized under ss. 456.072 and 458.331(2) upon a 18 physician assistant if the physician assistant or the 19 supervising physician has been found guilty of or is being 20 investigated for any act that constitutes a violation of this 21 chapter or chapter 456. 22 Section 5. For the purpose of incorporating the 23 amendment to section 456.072, Florida Statutes, in references 24 thereto, subsections (1) and (2) of section 459.015, Florida 25 Statutes, are reenacted to read: 26 459.015 Grounds for disciplinary action; action by the 27 board and department.-- 28 (1) The following acts constitute grounds for denial 29 of a license or disciplinary action, as specified in s. 30 456.072(2): 31 (a) Attempting to obtain, obtaining, or renewing a 15 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 license to practice osteopathic medicine or a certificate 2 issued under this chapter by bribery, by fraudulent 3 misrepresentations, or through an error of the department or 4 the board. 5 (b) Having a license or the authority to practice 6 osteopathic medicine revoked, suspended, or otherwise acted 7 against, including the denial of licensure, by the licensing 8 authority of any jurisdiction, including its agencies or 9 subdivisions. The licensing authority's acceptance of a 10 physician's relinquishment of license, stipulation, consent 11 order, or other settlement offered in response to or in 12 anticipation of the filing of administrative charges against 13 the physician shall be construed as action against the 14 physician's license. 15 (c) Being convicted or found guilty, regardless of 16 adjudication, of a crime in any jurisdiction which directly 17 relates to the practice of osteopathic medicine or to the 18 ability to practice osteopathic medicine. A plea of nolo 19 contendere shall create a rebuttable presumption of guilt to 20 the underlying criminal charges. 21 (d) False, deceptive, or misleading advertising. 22 (e) Failing to report to the department or the 23 department's impaired professional consultant any person who 24 the licensee or certificateholder knows is in violation of 25 this chapter or of the rules of the department or the board. 26 A treatment provider, approved pursuant to s. 456.076, shall 27 provide the department or consultant with information in 28 accordance with the requirements of s. 456.076(3), (4), (5), 29 and (6). 30 (f) Aiding, assisting, procuring, or advising any 31 unlicensed person to practice osteopathic medicine contrary to 16 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 this chapter or to a rule of the department or the board. 2 (g) Failing to perform any statutory or legal 3 obligation placed upon a licensed osteopathic physician. 4 (h) Giving false testimony in the course of any legal 5 or administrative proceedings relating to the practice of 6 medicine or the delivery of health care services. 7 (i) Making or filing a report which the licensee knows 8 to be false, intentionally or negligently failing to file a 9 report or record required by state or federal law, willfully 10 impeding or obstructing such filing, or inducing another 11 person to do so. Such reports or records shall include only 12 those which are signed in the capacity as a licensed 13 osteopathic physician. 14 (j) Paying or receiving any commission, bonus, 15 kickback, or rebate, or engaging in any split-fee arrangement 16 in any form whatsoever with a physician, organization, agency, 17 person, partnership, firm, corporation, or other business 18 entity, for patients referred to providers of health care 19 goods and services, including, but not limited to, hospitals, 20 nursing homes, clinical laboratories, ambulatory surgical 21 centers, or pharmacies. The provisions of this paragraph 22 shall not be construed to prevent an osteopathic physician 23 from receiving a fee for professional consultation services. 24 (k) Refusing to provide health care based on a 25 patient's participation in pending or past litigation or 26 participation in any disciplinary action conducted pursuant to 27 this chapter, unless such litigation or disciplinary action 28 directly involves the osteopathic physician requested to 29 provide services. 30 (l) Exercising influence within a patient-physician 31 relationship for purposes of engaging a patient in sexual 17 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 activity. A patient shall be presumed to be incapable of 2 giving free, full, and informed consent to sexual activity 3 with his or her physician. 4 (m) Making deceptive, untrue, or fraudulent 5 representations in or related to the practice of osteopathic 6 medicine or employing a trick or scheme in the practice of 7 osteopathic medicine. 8 (n) Soliciting patients, either personally or through 9 an agent, through the use of fraud, intimidation, undue 10 influence, or forms of overreaching or vexatious conduct. A 11 solicitation is any communication which directly or implicitly 12 requests an immediate oral response from the recipient. 13 (o) Failing to keep legible, as defined by department 14 rule in consultation with the board, medical records that 15 identify the licensed osteopathic physician or the osteopathic 16 physician extender and supervising osteopathic physician by 17 name and professional title who is or are responsible for 18 rendering, ordering, supervising, or billing for each 19 diagnostic or treatment procedure and that justify the course 20 of treatment of the patient, including, but not limited to, 21 patient histories; examination results; test results; records 22 of drugs prescribed, dispensed, or administered; and reports 23 of consultations and hospitalizations. 24 (p) Fraudulently altering or destroying records 25 relating to patient care or treatment, including, but not 26 limited to, patient histories, examination results, and test 27 results. 28 (q) Exercising influence on the patient or client in 29 such a manner as to exploit the patient or client for 30 financial gain of the licensee or of a third party which shall 31 include, but not be limited to, the promotion or sale of 18 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 services, goods, appliances, or drugs. 2 (r) Promoting or advertising on any prescription form 3 of a community pharmacy, unless the form shall also state 4 "This prescription may be filled at any pharmacy of your 5 choice." 6 (s) Performing professional services which have not 7 been duly authorized by the patient or client or his or her 8 legal representative except as provided in s. 743.064, s. 9 766.103, or s. 768.13. 10 (t) Prescribing, dispensing, administering, supplying, 11 selling, giving, mixing, or otherwise preparing a legend drug, 12 including all controlled substances, other than in the course 13 of the osteopathic physician's professional practice. For the 14 purposes of this paragraph, it shall be legally presumed that 15 prescribing, dispensing, administering, supplying, selling, 16 giving, mixing, or otherwise preparing legend drugs, including 17 all controlled substances, inappropriately or in excessive or 18 inappropriate quantities is not in the best interest of the 19 patient and is not in the course of the osteopathic 20 physician's professional practice, without regard to his or 21 her intent. 22 (u) Prescribing or dispensing any medicinal drug 23 appearing on any schedule set forth in chapter 893 by the 24 osteopathic physician for himself or herself or administering 25 any such drug by the osteopathic physician to himself or 26 herself unless such drug is prescribed for the osteopathic 27 physician by another practitioner authorized to prescribe 28 medicinal drugs. 29 (v) Prescribing, ordering, dispensing, administering, 30 supplying, selling, or giving amygdalin (laetrile) to any 31 person. 19 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (w) Being unable to practice osteopathic medicine with 2 reasonable skill and safety to patients by reason of illness 3 or use of alcohol, drugs, narcotics, chemicals, or any other 4 type of material or as a result of any mental or physical 5 condition. In enforcing this paragraph, the department shall, 6 upon a finding of the secretary or the secretary's designee 7 that probable cause exists to believe that the licensee is 8 unable to practice medicine because of the reasons stated in 9 this paragraph, have the authority to issue an order to compel 10 a licensee to submit to a mental or physical examination by 11 physicians designated by the department. If the licensee 12 refuses to comply with such order, the department's order 13 directing such examination may be enforced by filing a 14 petition for enforcement in the circuit court where the 15 licensee resides or does business. The licensee against whom 16 the petition is filed shall not be named or identified by 17 initials in any public court records or documents, and the 18 proceedings shall be closed to the public. The department 19 shall be entitled to the summary procedure provided in s. 20 51.011. A licensee or certificateholder affected under this 21 paragraph shall at reasonable intervals be afforded an 22 opportunity to demonstrate that he or she can resume the 23 competent practice of medicine with reasonable skill and 24 safety to patients. 25 (x) Gross or repeated malpractice or the failure to 26 practice osteopathic medicine with that level of care, skill, 27 and treatment which is recognized by a reasonably prudent 28 similar osteopathic physician as being acceptable under 29 similar conditions and circumstances. The board shall give 30 great weight to the provisions of s. 766.102 when enforcing 31 this paragraph. As used in this paragraph, "repeated 20 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 malpractice" includes, but is not limited to, three or more 2 claims for medical malpractice within the previous 5-year 3 period resulting in indemnities being paid in excess of 4 $25,000 each to the claimant in a judgment or settlement and 5 which incidents involved negligent conduct by the osteopathic 6 physician. As used in this paragraph, "gross malpractice" or 7 "the failure to practice osteopathic medicine with that level 8 of care, skill, and treatment which is recognized by a 9 reasonably prudent similar osteopathic physician as being 10 acceptable under similar conditions and circumstances" shall 11 not be construed so as to require more than one instance, 12 event, or act. Nothing in this paragraph shall be construed to 13 require that an osteopathic physician be incompetent to 14 practice osteopathic medicine in order to be disciplined 15 pursuant to this paragraph. A recommended order by an 16 administrative law judge or a final order of the board finding 17 a violation under this paragraph shall specify whether the 18 licensee was found to have committed "gross malpractice," 19 "repeated malpractice," or "failure to practice osteopathic 20 medicine with that level of care, skill, and treatment which 21 is recognized as being acceptable under similar conditions and 22 circumstances," or any combination thereof, and any 23 publication by the board shall so specify. 24 (y) Performing any procedure or prescribing any 25 therapy which, by the prevailing standards of medical practice 26 in the community, would constitute experimentation on human 27 subjects, without first obtaining full, informed, and written 28 consent. 29 (z) Practicing or offering to practice beyond the 30 scope permitted by law or accepting and performing 31 professional responsibilities which the licensee knows or has 21 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 reason to know that he or she is not competent to perform. The 2 board may establish by rule standards of practice and 3 standards of care for particular practice settings, including, 4 but not limited to, education and training, equipment and 5 supplies, medications including anesthetics, assistance of and 6 delegation to other personnel, transfer agreements, 7 sterilization, records, performance of complex or multiple 8 procedures, informed consent, and policy and procedure 9 manuals. 10 (aa) Delegating professional responsibilities to a 11 person when the licensee delegating such responsibilities 12 knows or has reason to know that such person is not qualified 13 by training, experience, or licensure to perform them. 14 (bb) Violating a lawful order of the board or 15 department previously entered in a disciplinary hearing or 16 failing to comply with a lawfully issued subpoena of the board 17 or department. 18 (cc) Conspiring with another licensee or with any 19 other person to commit an act, or committing an act, which 20 would tend to coerce, intimidate, or preclude another licensee 21 from lawfully advertising his or her services. 22 (dd) Procuring, or aiding or abetting in the procuring 23 of, an unlawful termination of pregnancy. 24 (ee) Presigning blank prescription forms. 25 (ff) Prescribing any medicinal drug appearing on 26 Schedule II in chapter 893 by the osteopathic physician for 27 office use. 28 (gg) Prescribing, ordering, dispensing, administering, 29 supplying, selling, or giving any drug which is a Schedule II 30 amphetamine or Schedule II sympathomimetic amine drug or any 31 compound thereof, pursuant to chapter 893, to or for any 22 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 person except for: 2 1. The treatment of narcolepsy; hyperkinesis; 3 behavioral syndrome characterized by the developmentally 4 inappropriate symptoms of moderate to severe distractability, 5 short attention span, hyperactivity, emotional lability, and 6 impulsivity; or drug-induced brain dysfunction; 7 2. The differential diagnostic psychiatric evaluation 8 of depression or the treatment of depression shown to be 9 refractory to other therapeutic modalities; or 10 3. The clinical investigation of the effects of such 11 drugs or compounds when an investigative protocol therefor is 12 submitted to, reviewed, and approved by the board before such 13 investigation is begun. 14 (hh) Failing to supervise adequately the activities of 15 those physician assistants, paramedics, emergency medical 16 technicians, advanced registered nurse practitioners, or other 17 persons acting under the supervision of the osteopathic 18 physician. 19 (ii) Prescribing, ordering, dispensing, administering, 20 supplying, selling, or giving growth hormones, testosterone or 21 its analogs, human chorionic gonadotropin (HCG), or other 22 hormones for the purpose of muscle building or to enhance 23 athletic performance. For the purposes of this subsection, the 24 term "muscle building" does not include the treatment of 25 injured muscle. A prescription written for the drug products 26 listed above may be dispensed by the pharmacist with the 27 presumption that the prescription is for legitimate medical 28 use. 29 (jj) Misrepresenting or concealing a material fact at 30 any time during any phase of a licensing or disciplinary 31 process or procedure. 23 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (kk) Improperly interfering with an investigation or 2 with any disciplinary proceeding. 3 (ll) Failing to report to the department any licensee 4 under chapter 458 or under this chapter who the osteopathic 5 physician or physician assistant knows has violated the 6 grounds for disciplinary action set out in the law under which 7 that person is licensed and who provides health care services 8 in a facility licensed under chapter 395, or a health 9 maintenance organization certificated under part I of chapter 10 641, in which the osteopathic physician or physician assistant 11 also provides services. 12 (mm) Being found by any court in this state to have 13 provided corroborating written medical expert opinion attached 14 to any statutorily required notice of claim or intent or to 15 any statutorily required response rejecting a claim, without 16 reasonable investigation. 17 (nn) Advertising or holding oneself out as a 18 board-certified specialist in violation of this chapter. 19 (oo) Failing to comply with the requirements of ss. 20 381.026 and 381.0261 to provide patients with information 21 about their patient rights and how to file a patient 22 complaint. 23 (pp) Violating any provision of this chapter or 24 chapter 456, or any rules adopted pursuant thereto. 25 (2) The board may enter an order denying licensure or 26 imposing any of the penalties in s. 456.072(2) against any 27 applicant for licensure or licensee who is found guilty of 28 violating any provision of subsection (1) of this section or 29 who is found guilty of violating any provision of s. 30 456.072(1). In determining what action is appropriate, the 31 board must first consider what sanctions are necessary to 24 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 protect the public or to compensate the patient. Only after 2 those sanctions have been imposed may the disciplining 3 authority consider and include in the order requirements 4 designed to rehabilitate the physician. All costs associated 5 with compliance with orders issued under this subsection are 6 the obligation of the physician. 7 Section 6. For the purpose of incorporating the 8 amendment to section 456.072, Florida Statutes, in a reference 9 thereto, paragraph (f) of subsection (7) of section 459.022, 10 Florida Statutes, is reenacted to read: 11 459.022 Physician assistants.-- 12 (7) PHYSICIAN ASSISTANT LICENSURE.-- 13 (f) The Board of Osteopathic Medicine may impose any 14 of the penalties authorized under ss. 456.072 and 459.015(2) 15 upon a physician assistant if the physician assistant or the 16 supervising physician has been found guilty of or is being 17 investigated for any act that constitutes a violation of this 18 chapter or chapter 456. 19 Section 7. For the purpose of incorporating the 20 amendment to section 456.072, Florida Statutes, in references 21 thereto, subsections (1) and (2) of section 460.413, Florida 22 Statutes, are reenacted to read: 23 460.413 Grounds for disciplinary action; action by 24 board or department.-- 25 (1) The following acts constitute grounds for denial 26 of a license or disciplinary action, as specified in s. 27 456.072(2): 28 (a) Attempting to obtain, obtaining, or renewing a 29 license to practice chiropractic medicine by bribery, by 30 fraudulent misrepresentations, or through an error of the 31 department or the board. 25 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (b) Having a license to practice chiropractic medicine 2 revoked, suspended, or otherwise acted against, including the 3 denial of licensure, by the licensing authority of another 4 state, territory, or country. 5 (c) Being convicted or found guilty, regardless of 6 adjudication, of a crime in any jurisdiction which directly 7 relates to the practice of chiropractic medicine or to the 8 ability to practice chiropractic medicine. Any plea of nolo 9 contendere shall be considered a conviction for purposes of 10 this chapter. 11 (d) False, deceptive, or misleading advertising. 12 (e) Causing to be advertised, by any means whatsoever, 13 any advertisement which does not contain an assertion or 14 statement which would identify herself or himself as a 15 chiropractic physician or identify such chiropractic clinic or 16 related institution in which she or he practices or in which 17 she or he is owner, in whole or in part, as a chiropractic 18 institution. 19 (f) Advertising, practicing, or attempting to practice 20 under a name other than one's own. 21 (g) Failing to report to the department any person who 22 the licensee knows is in violation of this chapter or of the 23 rules of the department or the board. 24 (h) Aiding, assisting, procuring, or advising any 25 unlicensed person to practice chiropractic medicine contrary 26 to this chapter or to a rule of the department or the board. 27 (i) Failing to perform any statutory or legal 28 obligation placed upon a licensed chiropractic physician. 29 (j) Making or filing a report which the licensee knows 30 to be false, intentionally or negligently failing to file a 31 report or record required by state or federal law, willfully 26 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 impeding or obstructing such filing or inducing another person 2 to do so. Such reports or records shall include only those 3 which are signed in the capacity of a licensed chiropractic 4 physician. 5 (k) Making misleading, deceptive, untrue, or 6 fraudulent representations in the practice of chiropractic 7 medicine or employing a trick or scheme in the practice of 8 chiropractic medicine when such trick or scheme fails to 9 conform to the generally prevailing standards of treatment in 10 the chiropractic medical community. 11 (l) Soliciting patients either personally or through 12 an agent, unless such solicitation falls into a category of 13 solicitations approved by rule of the board. 14 (m) Failing to keep legibly written chiropractic 15 medical records that identify clearly by name and credentials 16 the licensed chiropractic physician rendering, ordering, 17 supervising, or billing for each examination or treatment 18 procedure and that justify the course of treatment of the 19 patient, including, but not limited to, patient histories, 20 examination results, test results, X rays, and diagnosis of a 21 disease, condition, or injury. X rays need not be retained 22 for more than 4 years. 23 (n) Exercising influence on the patient or client in 24 such a manner as to exploit the patient or client for 25 financial gain of the licensee or of a third party which shall 26 include, but not be limited to, the promotion or sale of 27 services, goods or appliances, or drugs. 28 (o) Performing professional services which have not 29 been duly authorized by the patient or client or her or his 30 legal representative except as provided in ss. 743.064, 31 766.103, and 768.13. 27 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (p) Prescribing, dispensing, or administering any 2 medicinal drug except as authorized by s. 460.403(9)(c)2., 3 performing any surgery, or practicing obstetrics. 4 (q) Being unable to practice chiropractic medicine 5 with reasonable skill and safety to patients by reason of 6 illness or use of alcohol, drugs, narcotics, chemicals, or any 7 other type of material or as a result of any mental or 8 physical condition. In enforcing this paragraph, upon a 9 finding by the secretary of the department, or his or her 10 designee, or the probable cause panel of the board that 11 probable cause exists to believe that the licensee is unable 12 to practice the profession because of reasons stated in this 13 paragraph, the department shall have the authority to compel a 14 licensee to submit to a mental or physical examination by a 15 physician designated by the department. If the licensee 16 refuses to comply with the department's order, the department 17 may file a petition for enforcement in the circuit court of 18 the circuit in which the licensee resides or does business. 19 The department shall be entitled to the summary procedure 20 provided in s. 51.011. The record of proceedings to obtain a 21 compelled mental or physical examination shall not be used 22 against a licensee in any other proceedings. A chiropractic 23 physician affected under this paragraph shall at reasonable 24 intervals be afforded an opportunity to demonstrate that she 25 or he can resume the competent practice of chiropractic 26 medicine with reasonable skill and safety to patients. 27 (r) Gross or repeated malpractice or the failure to 28 practice chiropractic medicine at a level of care, skill, and 29 treatment which is recognized by a reasonably prudent 30 chiropractic physician as being acceptable under similar 31 conditions and circumstances. The board shall give great 28 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 weight to the standards for malpractice in s. 766.102 in 2 interpreting this provision. A recommended order by an 3 administrative law judge, or a final order of the board 4 finding a violation under this section shall specify whether 5 the licensee was found to have committed "gross malpractice," 6 "repeated malpractice," or "failure to practice chiropractic 7 medicine with that level of care, skill, and treatment which 8 is recognized as being acceptable under similar conditions and 9 circumstances" or any combination thereof, and any publication 10 by the board shall so specify. 11 (s) Performing any procedure or prescribing any 12 therapy which, by the prevailing standards of chiropractic 13 medical practice in the community, would constitute 14 experimentation on human subjects, without first obtaining 15 full, informed, and written consent. 16 (t) Practicing or offering to practice beyond the 17 scope permitted by law or accepting and performing 18 professional responsibilities which the licensee knows or has 19 reason to know that she or he is not competent to perform. 20 (u) Delegating professional responsibilities to a 21 person when the licensee delegating such responsibilities 22 knows or has reason to know that such person is not qualified 23 by training, experience, or licensure to perform them. 24 (v) Violating a lawful order of the board or 25 department previously entered in a disciplinary hearing or 26 failing to comply with a lawfully issued subpoena of the 27 department. 28 (w) Conspiring with another licensee or with any other 29 person to commit an act, or committing an act, which would 30 tend to coerce, intimidate, or preclude another licensee from 31 lawfully advertising her or his services. 29 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (x) Submitting to any third-party payor a claim for a 2 service or treatment which was not actually provided to a 3 patient. 4 (y) Failing to preserve identity of funds and property 5 of a patient. As provided by rule of the board, money or other 6 property entrusted to a chiropractic physician for a specific 7 purpose, including advances for costs and expenses of 8 examination or treatment, is to be held in trust and must be 9 applied only to that purpose. Money and other property of 10 patients coming into the hands of a chiropractic physician are 11 not subject to counterclaim or setoff for chiropractic 12 physician's fees, and a refusal to account for and deliver 13 over such money and property upon demand shall be deemed a 14 conversion. This is not to preclude the retention of money or 15 other property upon which the chiropractic physician has a 16 valid lien for services or to preclude the payment of agreed 17 fees from the proceeds of transactions for examinations or 18 treatments. Controversies as to the amount of the fees are 19 not grounds for disciplinary proceedings unless the amount 20 demanded is clearly excessive or extortionate, or the demand 21 is fraudulent. All funds of patients paid to a chiropractic 22 physician, other than advances for costs and expenses, shall 23 be deposited in one or more identifiable bank accounts 24 maintained in the state in which the chiropractic physician's 25 office is situated, and no funds belonging to the chiropractic 26 physician shall be deposited therein except as follows: 27 1. Funds reasonably sufficient to pay bank charges may 28 be deposited therein. 29 2. Funds belonging in part to a patient and in part 30 presently or potentially to the physician must be deposited 31 therein, but the portion belonging to the physician may be 30 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 withdrawn when due unless the right of the physician to 2 receive it is disputed by the patient, in which event the 3 disputed portion shall not be withdrawn until the dispute is 4 finally resolved. 5 6 Every chiropractic physician shall maintain complete records 7 of all funds, securities, and other properties of a patient 8 coming into the possession of the physician and render 9 appropriate accounts to the patient regarding them. In 10 addition, every chiropractic physician shall promptly pay or 11 deliver to the patient, as requested by the patient, the 12 funds, securities, or other properties in the possession of 13 the physician which the patient is entitled to receive. 14 (z) Offering to accept or accepting payment for 15 services rendered by assignment from any third-party payor 16 after offering to accept or accepting whatever the third-party 17 payor covers as payment in full, if the effect of the offering 18 or acceptance is to eliminate or give the impression of 19 eliminating the need for payment by an insured of any required 20 deductions applicable in the policy of the insured. 21 (aa) Failing to provide, upon request of the insured, 22 a copy of a claim submitted to any third-party payor for 23 service or treatment of the insured. 24 (bb) Advertising a fee or charge for a service or 25 treatment which is different from the fee or charge the 26 licensee submits to third-party payors for that service or 27 treatment. 28 (cc) Advertising any reduced or discounted fees for 29 services or treatments, or advertising any free services or 30 treatments, without prominently stating in the advertisement 31 the usual fee of the licensee for the service or treatment 31 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 which is the subject of the discount, rebate, or free 2 offering. 3 (dd) Using acupuncture without being certified 4 pursuant to s. 460.403(9)(f). 5 (ee) Failing to report to the department any licensee 6 under chapter 458 or under chapter 459 who the chiropractic 7 physician or chiropractic physician's assistant knows has 8 violated the grounds for disciplinary action set out in the 9 law under which that person is licensed and who provides 10 health care services in a facility licensed under chapter 395, 11 or a health maintenance organization certificated under part I 12 of chapter 641, in which the chiropractic physician or 13 chiropractic physician's assistant also provides services. 14 (ff) Violating any provision of this chapter or 15 chapter 456, or any rules adopted pursuant thereto. 16 (2) The board may enter an order denying licensure or 17 imposing any of the penalties in s. 456.072(2) against any 18 applicant for licensure or licensee who is found guilty of 19 violating any provision of subsection (1) of this section or 20 who is found guilty of violating any provision of s. 21 456.072(1). In determining what action is appropriate, the 22 board must first consider what sanctions are necessary to 23 protect the public or to compensate the patient. Only after 24 those sanctions have been imposed may the disciplining 25 authority consider and include in the order requirements 26 designed to rehabilitate the chiropractic physician. All costs 27 associated with compliance with orders issued under this 28 subsection are the obligation of the chiropractic physician. 29 Section 8. For the purpose of incorporating the 30 amendment to section 456.072, Florida Statutes, in references 31 thereto, subsections (1) and (2) of section 462.14, Florida 32 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 Statutes, are reenacted to read: 2 462.14 Grounds for disciplinary action; action by the 3 department.-- 4 (1) The following acts constitute grounds for denial 5 of a license or disciplinary action, as specified in s. 6 456.072(2): 7 (a) Attempting to obtain, obtaining, or renewing a 8 license to practice naturopathic medicine by bribery, by 9 fraudulent misrepresentation, or through an error of the 10 department. 11 (b) Having a license to practice naturopathic medicine 12 revoked, suspended, or otherwise acted against, including the 13 denial of licensure, by the licensing authority of another 14 state, territory, or country. 15 (c) Being convicted or found guilty, regardless of 16 adjudication, of a crime in any jurisdiction which directly 17 relates to the practice of naturopathic medicine or to the 18 ability to practice naturopathic medicine. Any plea of nolo 19 contendere shall be considered a conviction for purposes of 20 this chapter. 21 (d) False, deceptive, or misleading advertising. 22 (e) Advertising, practicing, or attempting to practice 23 under a name other than one's own. 24 (f) Failing to report to the department any person who 25 the licensee knows is in violation of this chapter or of the 26 rules of the department. 27 (g) Aiding, assisting, procuring, or advising any 28 unlicensed person to practice naturopathic medicine contrary 29 to this chapter or to a rule of the department. 30 (h) Failing to perform any statutory or legal 31 obligation placed upon a licensed naturopathic physician. 33 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (i) Making or filing a report which the licensee knows 2 to be false, intentionally or negligently failing to file a 3 report or record required by state or federal law, willfully 4 impeding or obstructing such filing or inducing another person 5 to do so. Such reports or records shall include only those 6 which are signed in the capacity as a licensed naturopathic 7 physician. 8 (j) Paying or receiving any commission, bonus, 9 kickback, or rebate, or engaging in any split-fee arrangement 10 in any form whatsoever with a physician, organization, agency, 11 or person, either directly or indirectly, for patients 12 referred to providers of health care goods and services, 13 including, but not limited to, hospitals, nursing homes, 14 clinical laboratories, ambulatory surgical centers, or 15 pharmacies. The provisions of this paragraph shall not be 16 construed to prevent a naturopathic physician from receiving a 17 fee for professional consultation services. 18 (k) Exercising influence within a patient-physician 19 relationship for purposes of engaging a patient in sexual 20 activity. A patient shall be presumed to be incapable of 21 giving free, full, and informed consent to sexual activity 22 with her or his physician. 23 (l) Making deceptive, untrue, or fraudulent 24 representations in the practice of naturopathic medicine or 25 employing a trick or scheme in the practice of naturopathic 26 medicine when such scheme or trick fails to conform to the 27 generally prevailing standards of treatment in the medical 28 community. 29 (m) Soliciting patients, either personally or through 30 an agent, through the use of fraud, intimidation, undue 31 influence, or a form of overreaching or vexatious conduct. A 34 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 "solicitation" is any communication which directly or 2 implicitly requests an immediate oral response from the 3 recipient. 4 (n) Failing to keep written medical records justifying 5 the course of treatment of the patient, including, but not 6 limited to, patient histories, examination results, test 7 results, X rays, and records of the prescribing, dispensing 8 and administering of drugs. 9 (o) Exercising influence on the patient or client in 10 such a manner as to exploit the patient or client for the 11 financial gain of the licensee or of a third party, which 12 shall include, but not be limited to, the promoting or selling 13 of services, goods, appliances, or drugs and the promoting or 14 advertising on any prescription form of a community pharmacy 15 unless the form also states "This prescription may be filled 16 at any pharmacy of your choice." 17 (p) Performing professional services which have not 18 been duly authorized by the patient or client, or her or his 19 legal representative, except as provided in s. 743.064, s. 20 766.103, or s. 768.13. 21 (q) Prescribing, dispensing, administering, mixing, or 22 otherwise preparing a legend drug, including any controlled 23 substance, other than in the course of the naturopathic 24 physician's professional practice. For the purposes of this 25 paragraph, it shall be legally presumed that prescribing, 26 dispensing, administering, mixing, or otherwise preparing 27 legend drugs, including all controlled substances, 28 inappropriately or in excessive or inappropriate quantities is 29 not in the best interest of the patient and is not in the 30 course of the naturopathic physician's professional practice, 31 without regard to her or his intent. 35 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (r) Prescribing, dispensing, or administering any 2 medicinal drug appearing on any schedule set forth in chapter 3 893 by the naturopathic physician to herself or himself, 4 except one prescribed, dispensed, or administered to the 5 naturopathic physician by another practitioner authorized to 6 prescribe, dispense, or administer medicinal drugs. 7 (s) Being unable to practice naturopathic medicine 8 with reasonable skill and safety to patients by reason of 9 illness or use of alcohol, drugs, narcotics, chemicals, or any 10 other type of material or as a result of any mental or 11 physical condition. In enforcing this paragraph, the 12 department shall have, upon probable cause, authority to 13 compel a naturopathic physician to submit to a mental or 14 physical examination by physicians designated by the 15 department. The failure of a naturopathic physician to submit 16 to such an examination when so directed shall constitute an 17 admission of the allegations against her or him upon which a 18 default and final order may be entered without the taking of 19 testimony or presentation of evidence, unless the failure was 20 due to circumstances beyond the naturopathic physician's 21 control. A naturopathic physician affected under this 22 paragraph shall at reasonable intervals be afforded an 23 opportunity to demonstrate that she or he can resume the 24 competent practice of naturopathic medicine with reasonable 25 skill and safety to patients. In any proceeding under this 26 paragraph, neither the record of proceedings nor the orders 27 entered by the department may be used against a naturopathic 28 physician in any other proceeding. 29 (t) Gross or repeated malpractice or the failure to 30 practice naturopathic medicine with that level of care, skill, 31 and treatment which is recognized by a reasonably prudent 36 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 similar physician as being acceptable under similar conditions 2 and circumstances. The department shall give great weight to 3 the provisions of s. 766.102 when enforcing this paragraph. 4 (u) Performing any procedure or prescribing any 5 therapy which, by the prevailing standards of medical practice 6 in the community, constitutes experimentation on a human 7 subject, without first obtaining full, informed, and written 8 consent. 9 (v) Practicing or offering to practice beyond the 10 scope permitted by law or accepting and performing 11 professional responsibilities which the licensee knows or has 12 reason to know that she or he is not competent to perform. 13 (w) Delegating professional responsibilities to a 14 person when the licensee delegating such responsibilities 15 knows or has reason to know that such person is not qualified 16 by training, experience, or licensure to perform them. 17 (x) Violating a lawful order of the department 18 previously entered in a disciplinary hearing or failing to 19 comply with a lawfully issued subpoena of the department. 20 (y) Conspiring with another licensee or with any other 21 person to commit an act, or committing an act, which would 22 tend to coerce, intimidate, or preclude another licensee from 23 lawfully advertising her or his services. 24 (z) Procuring, or aiding or abetting in the procuring 25 of, an unlawful termination of pregnancy. 26 (aa) Presigning blank prescription forms. 27 (bb) Prescribing by the naturopathic physician for 28 office use any medicinal drug appearing on Schedule II in 29 chapter 893. 30 (cc) Prescribing, ordering, dispensing, administering, 31 supplying, selling, or giving any drug which is an amphetamine 37 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 or sympathomimetic amine drug, or a compound designated 2 pursuant to chapter 893 as a Schedule II controlled substance 3 to or for any person except for: 4 1. The treatment of narcolepsy; hyperkinesis; 5 behavioral syndrome in children characterized by the 6 developmentally inappropriate symptoms of moderate to severe 7 distractability, short attention span, hyperactivity, 8 emotional lability, and impulsivity; or drug-induced brain 9 dysfunction. 10 2. The differential diagnostic psychiatric evaluation 11 of depression or the treatment of depression shown to be 12 refractory to other therapeutic modalities. 13 3. The clinical investigation of the effects of such 14 drugs or compounds when an investigative protocol therefor is 15 submitted to, reviewed, and approved by the department before 16 such investigation is begun. 17 (dd) Prescribing, ordering, dispensing, administering, 18 supplying, selling, or giving growth hormones, testosterone or 19 its analogs, human chorionic gonadotropin (HCG), or other 20 hormones for the purpose of muscle building or to enhance 21 athletic performance. For the purposes of this subsection, the 22 term "muscle building" does not include the treatment of 23 injured muscle. A prescription written for the drug products 24 listed above may be dispensed by the pharmacist with the 25 presumption that the prescription is for legitimate medical 26 use. 27 (ee) Violating any provision of this chapter or 28 chapter 456, or any rules adopted pursuant thereto. 29 (2) The department may enter an order denying 30 licensure or imposing any of the penalties in s. 456.072(2) 31 against any applicant for licensure or licensee who is found 38 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 guilty of violating any provision of subsection (1) of this 2 section or who is found guilty of violating any provision of 3 s. 456.072(1). 4 Section 9. For the purpose of incorporating the 5 amendment to section 456.072, Florida Statutes, in references 6 thereto, subsections (1) and (2) of section 463.016, Florida 7 Statutes, are reenacted to read: 8 463.016 Grounds for disciplinary action; action by the 9 board.-- 10 (1) The following acts constitute grounds for denial 11 of a license or disciplinary action, as specified in s. 12 456.072(2): 13 (a) Procuring or attempting to procure a license to 14 practice optometry by bribery, by fraudulent 15 misrepresentations, or through an error of the department or 16 board. 17 (b) Procuring or attempting to procure a license for 18 any other person by making or causing to be made any false 19 representation. 20 (c) Having a license to practice optometry revoked, 21 suspended, or otherwise acted against, including the denial of 22 licensure, by the licensing authority of another jurisdiction. 23 (d) Being convicted or found guilty, regardless of 24 adjudication, of a crime in any jurisdiction which directly 25 relates to the practice of optometry or to the ability to 26 practice optometry. Any plea of nolo contendere shall be 27 considered a conviction for the purposes of this chapter. 28 (e) Making or filing a report or record which the 29 licensee knows to be false, intentionally or negligently 30 failing to file a report or record required by state or 31 federal law, willfully impeding or obstructing such filing, or 39 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 inducing another person to do so. Such reports or records 2 shall include only those which are signed by the licensee in 3 her or his capacity as a licensed practitioner. 4 (f) Advertising goods or services in a manner which is 5 fraudulent, false, deceptive, or misleading in form or 6 content. 7 (g) Fraud or deceit, negligence or incompetency, or 8 misconduct in the practice of optometry. 9 (h) A violation or repeated violations of provisions 10 of this chapter, or of chapter 456, and any rules promulgated 11 pursuant thereto. 12 (i) Conspiring with another licensee or with any 13 person to commit an act, or committing an act, which would 14 coerce, intimidate, or preclude another licensee from lawfully 15 advertising her or his services. 16 (j) Willfully submitting to any third-party payor a 17 claim for services which were not provided to a patient. 18 (k) Failing to keep written optometric records about 19 the examinations, treatments, and prescriptions for patients. 20 (l) Willfully failing to report any person who the 21 licensee knows is in violation of this chapter or of rules of 22 the department or the board. 23 (m) Gross or repeated malpractice. 24 (n) Practicing with a revoked, suspended, inactive, or 25 delinquent license. 26 (o) Being unable to practice optometry with reasonable 27 skill and safety to patients by reason of illness or use of 28 alcohol, drugs, narcotics, chemicals, or any other type of 29 material or as a result of any mental or physical condition. 30 A licensed practitioner affected under this paragraph shall at 31 reasonable intervals be afforded an opportunity to demonstrate 40 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 that she or he can resume the competent practice of optometry 2 with reasonable skill and safety to patients. 3 (p) Having been disciplined by a regulatory agency in 4 another state for any offense that would constitute a 5 violation of Florida laws or rules regulating optometry. 6 (q) Violating any provision of s. 463.014 or s. 7 463.015. 8 (r) Violating any lawful order of the board or 9 department, previously entered in a disciplinary hearing, or 10 failing to comply with a lawfully issued subpoena of the board 11 or department. 12 (s) Practicing or offering to practice beyond the 13 scope permitted by law or accepting and performing 14 professional responsibilities which the licensed practitioner 15 knows or has reason to know she or he is not competent to 16 perform. 17 (t) Violating any provision of this chapter or chapter 18 456, or any rules adopted pursuant thereto. 19 (2) The department may enter an order imposing any of 20 the penalties in s. 456.072(2) against any licensee who is 21 found guilty of violating any provision of subsection (1) of 22 this section or who is found guilty of violating any provision 23 of s. 456.072(1). 24 Section 10. For the purpose of incorporating the 25 amendment to section 456.072, Florida Statutes, in references 26 thereto, subsections (1) and (2) of section 464.018, Florida 27 Statutes, are reenacted to read: 28 464.018 Disciplinary actions.-- 29 (1) The following acts constitute grounds for denial 30 of a license or disciplinary action, as specified in s. 31 456.072(2): 41 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (a) Procuring, attempting to procure, or renewing a 2 license to practice nursing by bribery, by knowing 3 misrepresentations, or through an error of the department or 4 the board. 5 (b) Having a license to practice nursing revoked, 6 suspended, or otherwise acted against, including the denial of 7 licensure, by the licensing authority of another state, 8 territory, or country. 9 (c) Being convicted or found guilty of, or entering a 10 plea of nolo contendere to, regardless of adjudication, a 11 crime in any jurisdiction which directly relates to the 12 practice of nursing or to the ability to practice nursing. 13 (d) Being found guilty, regardless of adjudication, of 14 any of the following offenses: 15 1. A forcible felony as defined in chapter 776. 16 2. A violation of chapter 812, relating to theft, 17 robbery, and related crimes. 18 3. A violation of chapter 817, relating to fraudulent 19 practices. 20 4. A violation of chapter 800, relating to lewdness 21 and indecent exposure. 22 5. A violation of chapter 784, relating to assault, 23 battery, and culpable negligence. 24 6. A violation of chapter 827, relating to child 25 abuse. 26 7. A violation of chapter 415, relating to protection 27 from abuse, neglect, and exploitation. 28 8. A violation of chapter 39, relating to child abuse, 29 abandonment, and neglect. 30 (e) Having been found guilty of, regardless of 31 adjudication, or entered a plea of nolo contendere or guilty 42 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 to, any offense prohibited under s. 435.03 or under any 2 similar statute of another jurisdiction; or having committed 3 an act which constitutes domestic violence as defined in s. 4 741.28. 5 (f) Making or filing a false report or record, which 6 the licensee knows to be false, intentionally or negligently 7 failing to file a report or record required by state or 8 federal law, willfully impeding or obstructing such filing or 9 inducing another person to do so. Such reports or records 10 shall include only those which are signed in the nurse's 11 capacity as a licensed nurse. 12 (g) False, misleading, or deceptive advertising. 13 (h) Unprofessional conduct, which shall include, but 14 not be limited to, any departure from, or the failure to 15 conform to, the minimal standards of acceptable and prevailing 16 nursing practice, in which case actual injury need not be 17 established. 18 (i) Engaging or attempting to engage in the 19 possession, sale, or distribution of controlled substances as 20 set forth in chapter 893, for any other than legitimate 21 purposes authorized by this part. 22 (j) Being unable to practice nursing with reasonable 23 skill and safety to patients by reason of illness or use of 24 alcohol, drugs, narcotics, or chemicals or any other type of 25 material or as a result of any mental or physical condition. 26 In enforcing this paragraph, the department shall have, upon a 27 finding of the secretary or the secretary's designee that 28 probable cause exists to believe that the licensee is unable 29 to practice nursing because of the reasons stated in this 30 paragraph, the authority to issue an order to compel a 31 licensee to submit to a mental or physical examination by 43 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 physicians designated by the department. If the licensee 2 refuses to comply with such order, the department's order 3 directing such examination may be enforced by filing a 4 petition for enforcement in the circuit court where the 5 licensee resides or does business. The licensee against whom 6 the petition is filed shall not be named or identified by 7 initials in any public court records or documents, and the 8 proceedings shall be closed to the public. The department 9 shall be entitled to the summary procedure provided in s. 10 51.011. A nurse affected by the provisions of this paragraph 11 shall at reasonable intervals be afforded an opportunity to 12 demonstrate that she or he can resume the competent practice 13 of nursing with reasonable skill and safety to patients. 14 (k) Failing to report to the department any person who 15 the licensee knows is in violation of this part or of the 16 rules of the department or the board; however, if the licensee 17 verifies that such person is actively participating in a 18 board-approved program for the treatment of a physical or 19 mental condition, the licensee is required to report such 20 person only to an impaired professionals consultant. 21 (l) Knowingly violating any provision of this part, a 22 rule of the board or the department, or a lawful order of the 23 board or department previously entered in a disciplinary 24 proceeding or failing to comply with a lawfully issued 25 subpoena of the department. 26 (m) Failing to report to the department any licensee 27 under chapter 458 or under chapter 459 who the nurse knows has 28 violated the grounds for disciplinary action set out in the 29 law under which that person is licensed and who provides 30 health care services in a facility licensed under chapter 395, 31 or a health maintenance organization certificated under part I 44 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 of chapter 641, in which the nurse also provides services. 2 (n) Violating any provision of this chapter or chapter 3 456, or any rules adopted pursuant thereto. 4 (2) The board may enter an order denying licensure or 5 imposing any of the penalties in s. 456.072(2) against any 6 applicant for licensure or licensee who is found guilty of 7 violating any provision of subsection (1) of this section or 8 who is found guilty of violating any provision of s. 9 456.072(1). 10 Section 11. For the purpose of incorporating the 11 amendment to section 456.072, Florida Statutes, in references 12 thereto, subsections (1) and (2) of section 465.016, Florida 13 Statutes, are reenacted to read: 14 465.016 Disciplinary actions.-- 15 (1) The following acts constitute grounds for denial 16 of a license or disciplinary action, as specified in s. 17 456.072(2): 18 (a) Obtaining a license by misrepresentation or fraud 19 or through an error of the department or the board. 20 (b) Procuring or attempting to procure a license for 21 any other person by making or causing to be made any false 22 representation. 23 (c) Permitting any person not licensed as a pharmacist 24 in this state or not registered as an intern in this state, or 25 permitting a registered intern who is not acting under the 26 direct and immediate personal supervision of a licensed 27 pharmacist, to fill, compound, or dispense any prescriptions 28 in a pharmacy owned and operated by such pharmacist or in a 29 pharmacy where such pharmacist is employed or on duty. 30 (d) Being unfit or incompetent to practice pharmacy by 31 reason of: 45 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 1. Habitual intoxication. 2 2. The misuse or abuse of any medicinal drug appearing 3 in any schedule set forth in chapter 893. 4 3. Any abnormal physical or mental condition which 5 threatens the safety of persons to whom she or he might sell 6 or dispense prescriptions, drugs, or medical supplies or for 7 whom she or he might manufacture, prepare, or package, or 8 supervise the manufacturing, preparation, or packaging of, 9 prescriptions, drugs, or medical supplies. 10 (e) Violating chapter 499; 21 U.S.C. ss. 301-392, 11 known as the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. 12 ss. 821 et seq., known as the Comprehensive Drug Abuse 13 Prevention and Control Act; or chapter 893. 14 (f) Having been convicted or found guilty, regardless 15 of adjudication, in a court of this state or other 16 jurisdiction, of a crime which directly relates to the ability 17 to practice pharmacy or to the practice of pharmacy. A plea 18 of nolo contendere constitutes a conviction for purposes of 19 this provision. 20 (g) Using in the compounding of a prescription, or 21 furnishing upon prescription, an ingredient or article 22 different in any manner from the ingredient or article 23 prescribed, except as authorized in s. 465.019(6) or s. 24 465.025. 25 (h) Having been disciplined by a regulatory agency in 26 another state for any offense that would constitute a 27 violation of this chapter. 28 (i) Compounding, dispensing, or distributing a legend 29 drug, including any controlled substance, other than in the 30 course of the professional practice of pharmacy. For purposes 31 of this paragraph, it shall be legally presumed that the 46 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 compounding, dispensing, or distributing of legend drugs in 2 excessive or inappropriate quantities is not in the best 3 interests of the patient and is not in the course of the 4 professional practice of pharmacy. 5 (j) Making or filing a report or record which the 6 licensee knows to be false, intentionally or negligently 7 failing to file a report or record required by federal or 8 state law, willfully impeding or obstructing such filing, or 9 inducing another person to do so. Such reports or records 10 include only those which the licensee is required to make or 11 file in her or his capacity as a licensed pharmacist. 12 (k) Failing to make prescription fee or price 13 information readily available by failing to provide such 14 information upon request and upon the presentation of a 15 prescription for pricing or dispensing. Nothing in this 16 section shall be construed to prohibit the quotation of price 17 information on a prescription drug to a potential consumer by 18 telephone. 19 (l) Placing in the stock of any pharmacy any part of 20 any prescription compounded or dispensed which is returned by 21 a patient; however, in a hospital, nursing home, correctional 22 facility, or extended care facility in which unit-dose 23 medication is dispensed to inpatients, each dose being 24 individually sealed and the individual unit dose or unit-dose 25 system labeled with the name of the drug, dosage strength, 26 manufacturer's control number, and expiration date, if any, 27 the unused unit dose of medication may be returned to the 28 pharmacy for redispensing. Each pharmacist shall maintain 29 appropriate records for any unused or returned medicinal 30 drugs. 31 (m) Being unable to practice pharmacy with reasonable 47 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 skill and safety by reason of illness, use of drugs, 2 narcotics, chemicals, or any other type of material or as a 3 result of any mental or physical condition. A pharmacist 4 affected under this paragraph shall at reasonable intervals be 5 afforded an opportunity to demonstrate that she or he can 6 resume the competent practice of pharmacy with reasonable 7 skill and safety to her or his customers. 8 (n) Violating a rule of the board or department or 9 violating an order of the board or department previously 10 entered in a disciplinary hearing. 11 (o) Failing to report to the department any licensee 12 under chapter 458 or under chapter 459 who the pharmacist 13 knows has violated the grounds for disciplinary action set out 14 in the law under which that person is licensed and who 15 provides health care services in a facility licensed under 16 chapter 395, or a health maintenance organization certificated 17 under part I of chapter 641, in which the pharmacist also 18 provides services. 19 (p) Failing to notify the Board of Pharmacy in writing 20 within 20 days of the commencement or cessation of the 21 practice of the profession of pharmacy in Florida when such 22 commencement or cessation of the practice of the profession of 23 pharmacy in Florida was a result of a pending or completed 24 disciplinary action or investigation in another jurisdiction. 25 (q) Using or releasing a patient's records except as 26 authorized by this chapter and chapter 456. 27 (r) Violating any provision of this chapter or chapter 28 456, or any rules adopted pursuant thereto. 29 (2) The board may enter an order denying licensure or 30 imposing any of the penalties in s. 456.072(2) against any 31 applicant for licensure or licensee who is found guilty of 48 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 violating any provision of subsection (1) of this section or 2 who is found guilty of violating any provision of s. 3 456.072(1). 4 Section 12. For the purpose of incorporating the 5 amendment to section 456.072, Florida Statutes, in references 6 thereto, subsections (1) and (2) of section 466.028, Florida 7 Statutes, are reenacted to read: 8 466.028 Grounds for disciplinary action; action by the 9 board.-- 10 (1) The following acts constitute grounds for denial 11 of a license or disciplinary action, as specified in s. 12 456.072(2): 13 (a) Attempting to obtain, obtaining, or renewing a 14 license under this chapter by bribery, fraudulent 15 misrepresentations, or through an error of the department or 16 the board. 17 (b) Having a license to practice dentistry or dental 18 hygiene revoked, suspended, or otherwise acted against, 19 including the denial of licensure, by the licensing authority 20 of another state, territory, or country. 21 (c) Being convicted or found guilty of or entering a 22 plea of nolo contendere to, regardless of adjudication, a 23 crime in any jurisdiction which relates to the practice of 24 dentistry or dental hygiene. A plea of nolo contendere shall 25 create a rebuttable presumption of guilt to the underlying 26 criminal charges. 27 (d) Advertising goods or services in a manner which is 28 fraudulent, false, deceptive, or misleading in form or content 29 contrary to s. 466.019 or rules of the board adopted pursuant 30 thereto. 31 (e) Advertising, practicing, or attempting to practice 49 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 under a name other than one's own. 2 (f) Failing to report to the department any person who 3 the licensee knows, or has reason to believe, is clearly in 4 violation of this chapter or of the rules of the department or 5 the board. 6 (g) Aiding, assisting, procuring, or advising any 7 unlicensed person to practice dentistry or dental hygiene 8 contrary to this chapter or to a rule of the department or the 9 board. 10 (h) Being employed by any corporation, organization, 11 group, or person other than a dentist or a professional 12 corporation or limited liability company composed of dentists 13 to practice dentistry. 14 (i) Failing to perform any statutory or legal 15 obligation placed upon a licensee. 16 (j) Making or filing a report which the licensee knows 17 to be false, failing to file a report or record required by 18 state or federal law, knowingly impeding or obstructing such 19 filing or inducing another person to do so. Such reports or 20 records shall include only those which are signed in the 21 capacity as a licensee. 22 (k) Committing any act which would constitute sexual 23 battery, as defined in chapter 794, upon a patient or 24 intentionally touching the sexual organ of a patient. 25 (l) Making deceptive, untrue, or fraudulent 26 representations in or related to the practice of dentistry. 27 (m) Failing to keep written dental records and medical 28 history records justifying the course of treatment of the 29 patient including, but not limited to, patient histories, 30 examination results, test results, and X rays, if taken. 31 (n) Failing to make available to a patient or client, 50 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 or to her or his legal representative or to the department if 2 authorized in writing by the patient, copies of documents in 3 the possession or under control of the licensee which relate 4 to the patient or client. 5 (o) Performing professional services which have not 6 been duly authorized by the patient or client, or her or his 7 legal representative, except as provided in ss. 766.103 and 8 768.13. 9 (p) Prescribing, procuring, dispensing, administering, 10 mixing, or otherwise preparing a legend drug, including any 11 controlled substance, other than in the course of the 12 professional practice of the dentist. For the purposes of 13 this paragraph, it shall be legally presumed that prescribing, 14 procuring, dispensing, administering, mixing, or otherwise 15 preparing legend drugs, including all controlled substances, 16 in excessive or inappropriate quantities is not in the best 17 interest of the patient and is not in the course of the 18 professional practice of the dentist, without regard to her or 19 his intent. 20 (q) Prescribing, procuring, dispensing, or 21 administering any medicinal drug appearing on any schedule set 22 forth in chapter 893, by a dentist to herself or himself, 23 except those prescribed, dispensed, or administered to the 24 dentist by another practitioner authorized to prescribe them. 25 (r) Prescribing, procuring, ordering, dispensing, 26 administering, supplying, selling, or giving any drug which is 27 a Schedule II amphetamine or a Schedule II sympathomimetic 28 amine drug or a compound thereof, pursuant to chapter 893, to 29 or for any person except for the clinical investigation of the 30 effects of such drugs or compounds when an investigative 31 protocol therefor is submitted to, and reviewed and approved 51 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 by, the board before such investigation is begun. 2 (s) Being unable to practice her or his profession 3 with reasonable skill and safety to patients by reason of 4 illness or use of alcohol, drugs, narcotics, chemicals, or any 5 other type of material or as a result of any mental or 6 physical condition. In enforcing this paragraph, the 7 department shall have, upon a finding of the secretary or her 8 or his designee that probable cause exists to believe that the 9 licensee is unable to practice dentistry or dental hygiene 10 because of the reasons stated in this paragraph, the authority 11 to issue an order to compel a licensee to submit to a mental 12 or physical examination by physicians designated by the 13 department. If the licensee refuses to comply with such 14 order, the department's order directing such examination may 15 be enforced by filing a petition for enforcement in the 16 circuit court where the licensee resides or does business. 17 The licensee against whom the petition is filed shall not be 18 named or identified by initials in any public court records or 19 documents, and the proceedings shall be closed to the public. 20 The department shall be entitled to the summary procedure 21 provided in s. 51.011. A licensee affected under this 22 paragraph shall at reasonable intervals be afforded an 23 opportunity to demonstrate that she or he can resume the 24 competent practice of her or his profession with reasonable 25 skill and safety to patients. 26 (t) Fraud, deceit, or misconduct in the practice of 27 dentistry or dental hygiene. 28 (u) Failure to provide and maintain reasonable 29 sanitary facilities and conditions. 30 (v) Failure to provide adequate radiation safeguards. 31 (w) Performing any procedure or prescribing any 52 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 therapy which, by the prevailing standards of dental practice 2 in the community, would constitute experimentation on human 3 subjects, without first obtaining full, informed, and written 4 consent. 5 (x) Being guilty of incompetence or negligence by 6 failing to meet the minimum standards of performance in 7 diagnosis and treatment when measured against generally 8 prevailing peer performance, including, but not limited to, 9 the undertaking of diagnosis and treatment for which the 10 dentist is not qualified by training or experience or being 11 guilty of dental malpractice. For purposes of this paragraph, 12 it shall be legally presumed that a dentist is not guilty of 13 incompetence or negligence by declining to treat an individual 14 if, in the dentist's professional judgment, the dentist or a 15 member of her or his clinical staff is not qualified by 16 training and experience, or the dentist's treatment facility 17 is not clinically satisfactory or properly equipped to treat 18 the unique characteristics and health status of the dental 19 patient, provided the dentist refers the patient to a 20 qualified dentist or facility for appropriate treatment. As 21 used in this paragraph, "dental malpractice" includes, but is 22 not limited to, three or more claims within the previous 23 5-year period which resulted in indemnity being paid, or any 24 single indemnity paid in excess of $5,000 in a judgment or 25 settlement, as a result of negligent conduct on the part of 26 the dentist. 27 (y) Practicing or offering to practice beyond the 28 scope permitted by law or accepting and performing 29 professional responsibilities which the licensee knows or has 30 reason to know that she or he is not competent to perform. 31 (z) Delegating professional responsibilities to a 53 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 person who is not qualified by training, experience, or 2 licensure to perform them. 3 (aa) The violation of a lawful order of the board or 4 department previously entered in a disciplinary hearing; or 5 failure to comply with a lawfully issued subpoena of the board 6 or department. 7 (bb) Conspiring with another licensee or with any 8 person to commit an act, or committing an act, which would 9 tend to coerce, intimidate, or preclude another licensee from 10 lawfully advertising her or his services. 11 (cc) Being adjudged mentally incompetent in this or 12 any other state, the discipline for which shall last only so 13 long as the adjudication. 14 (dd) Presigning blank prescription or laboratory work 15 order forms. 16 (ee) Prescribing, ordering, dispensing, administering, 17 supplying, selling, or giving growth hormones, testosterone or 18 its analogs, human chorionic gonadotropin (HCG), or other 19 hormones for the purpose of muscle building or to enhance 20 athletic performance. For the purposes of this subsection, the 21 term "muscle building" does not include the treatment of 22 injured muscle. A prescription written for the drug products 23 listed above may be dispensed by the pharmacist with the 24 presumption that the prescription is for legitimate medical 25 use. 26 (ff) Operating or causing to be operated a dental 27 office in such a manner as to result in dental treatment that 28 is below minimum acceptable standards of performance for the 29 community. This includes, but is not limited to, the use of 30 substandard materials or equipment, the imposition of time 31 limitations within which dental procedures are to be 54 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 performed, or the failure to maintain patient records as 2 required by this chapter. 3 (gg) Administering anesthesia in a manner which 4 violates rules of the board adopted pursuant to s. 466.017. 5 (hh) Failing to report to the department any licensee 6 under chapter 458 or chapter 459 who the dentist knows has 7 violated the grounds for disciplinary action set out in the 8 law under which that person is licensed and who provides 9 health care services in a facility licensed under chapter 395, 10 or a health maintenance organization certificated under part I 11 of chapter 641, in which the dentist also provides services. 12 (ii) Failing to report to the board, in writing, 13 within 30 days if action has been taken against one's license 14 to practice dentistry in another state, territory, or country. 15 (jj) Advertising specialty services in violation of 16 this chapter. 17 (kk) Allowing any person other than another dentist or 18 a professional corporation or limited liability company 19 composed of dentists to direct, control, or interfere with a 20 dentist's clinical judgment; however, this paragraph may not 21 be construed to limit a patient's right of informed consent. 22 To direct, control, or interfere with a dentist's clinical 23 judgment may not be interpreted to mean dental services 24 contractually excluded, the application of alternative 25 benefits that may be appropriate given the dentist's 26 prescribed course of treatment, or the application of 27 contractual provisions and scope of coverage determinations in 28 comparison with a dentist's prescribed treatment on behalf of 29 a covered person by an insurer, health maintenance 30 organization, or a prepaid limited health service 31 organization. 55 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (ll) Violating any provision of this chapter or 2 chapter 456, or any rules adopted pursuant thereto. 3 (2) The board may enter an order denying licensure or 4 imposing any of the penalties in s. 456.072(2) against any 5 applicant for licensure or licensee who is found guilty of 6 violating any provision of subsection (1) of this section or 7 who is found guilty of violating any provision of s. 8 456.072(1). 9 Section 13. For the purpose of incorporating the 10 amendment to section 456.072, Florida Statutes, in references 11 thereto, subsections (1) and (2) of section 467.203, Florida 12 Statutes, are reenacted to read: 13 467.203 Disciplinary actions; penalties.-- 14 (1) The following acts constitute grounds for denial 15 of a license or disciplinary action, as specified in s. 16 456.072(2): 17 (a) Procuring, attempting to procure, or renewing a 18 license to practice midwifery by bribery, by fraudulent 19 misrepresentation, or through an error of the department. 20 (b) Having a license to practice midwifery revoked, 21 suspended, or otherwise acted against, including being denied 22 licensure, by the licensing authority of another state, 23 territory, or country. 24 (c) Being convicted or found guilty, regardless of 25 adjudication, in any jurisdiction of a crime which directly 26 relates to the practice of midwifery or to the ability to 27 practice midwifery. A plea of nolo contendere shall be 28 considered a conviction for purposes of this provision. 29 (d) Making or filing a false report or record, which 30 the licensee knows to be false; intentionally or negligently 31 failing to file a report or record required by state or 56 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 federal law; or willfully impeding or obstructing such filing 2 or inducing another to do so. Such reports or records shall 3 include only those which are signed in the midwife's capacity 4 as a licensed midwife. 5 (e) Advertising falsely, misleadingly, or deceptively. 6 (f) Engaging in unprofessional conduct, which 7 includes, but is not limited to, any departure from, or the 8 failure to conform to, the standards of practice of midwifery 9 as established by the department, in which case actual injury 10 need not be established. 11 (g) Being unable to practice midwifery with reasonable 12 skill and safety to patients by reason of illness; 13 drunkenness; or use of drugs, narcotics, chemicals, or other 14 materials or as a result of any mental or physical condition. 15 A midwife affected under this paragraph shall, at reasonable 16 intervals, be afforded an opportunity to demonstrate that he 17 or she can resume the competent practice of midwifery with 18 reasonable skill and safety. 19 (h) Failing to report to the department any person who 20 the licensee knows is in violation of this chapter or of the 21 rules of the department. 22 (i) Violating any lawful order of the department 23 previously entered in a disciplinary proceeding or failing to 24 comply with a lawfully issued subpoena of the department. 25 (j) Violating any provision of this chapter or chapter 26 456, or any rules adopted pursuant thereto. 27 (2) The department may enter an order denying 28 licensure or imposing any of the penalties in s. 456.072(2) 29 against any applicant for licensure or licensee who is found 30 guilty of violating any provision of subsection (1) of this 31 section or who is found guilty of violating any provision of 57 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 s. 456.072(1). 2 Section 14. For the purpose of incorporating the 3 amendment to section 456.072, Florida Statutes, in references 4 thereto, subsections (1) and (2) of section 468.1295, Florida 5 Statutes, are reenacted to read: 6 468.1295 Disciplinary proceedings.-- 7 (1) The following acts constitute grounds for denial 8 of a license or disciplinary action, as specified in s. 9 456.072(2): 10 (a) Procuring or attempting to procure a license by 11 bribery, by fraudulent misrepresentation, or through an error 12 of the department or the board. 13 (b) Having a license revoked, suspended, or otherwise 14 acted against, including denial of licensure, by the licensing 15 authority of another state, territory, or country. 16 (c) Being convicted or found guilty of, or entering a 17 plea of nolo contendere to, regardless of adjudication, a 18 crime in any jurisdiction which directly relates to the 19 practice of speech-language pathology or audiology. 20 (d) Making or filing a report or record which the 21 licensee knows to be false, intentionally or negligently 22 failing to file a report or records required by state or 23 federal law, willfully impeding or obstructing such filing, or 24 inducing another person to impede or obstruct such filing. 25 Such report or record shall include only those reports or 26 records which are signed in one's capacity as a licensed 27 speech-language pathologist or audiologist. 28 (e) Advertising goods or services in a manner which is 29 fraudulent, false, deceptive, or misleading in form or 30 content. 31 (f) Being proven guilty of fraud or deceit or of 58 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 negligence, incompetency, or misconduct in the practice of 2 speech-language pathology or audiology. 3 (g) Violating a lawful order of the board or 4 department previously entered in a disciplinary hearing, or 5 failing to comply with a lawfully issued subpoena of the board 6 or department. 7 (h) Practicing with a revoked, suspended, inactive, or 8 delinquent license. 9 (i) Using, or causing or promoting the use of, any 10 advertising matter, promotional literature, testimonial, 11 guarantee, warranty, label, brand, insignia, or other 12 representation, however disseminated or published, which is 13 misleading, deceiving, or untruthful. 14 (j) Showing or demonstrating or, in the event of sale, 15 delivery of a product unusable or impractical for the purpose 16 represented or implied by such action. 17 (k) Failing to submit to the board on an annual basis, 18 or such other basis as may be provided by rule, certification 19 of testing and calibration of such equipment as designated by 20 the board and on the form approved by the board. 21 (l) Aiding, assisting, procuring, employing, or 22 advising any licensee or business entity to practice 23 speech-language pathology or audiology contrary to this part, 24 chapter 456, or any rule adopted pursuant thereto. 25 (m) Misrepresenting the professional services 26 available in the fitting, sale, adjustment, service, or repair 27 of a hearing aid, or using any other term or title which might 28 connote the availability of professional services when such 29 use is not accurate. 30 (n) Representing, advertising, or implying that a 31 hearing aid or its repair is guaranteed without providing full 59 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 disclosure of the identity of the guarantor; the nature, 2 extent, and duration of the guarantee; and the existence of 3 conditions or limitations imposed upon the guarantee. 4 (o) Representing, directly or by implication, that a 5 hearing aid utilizing bone conduction has certain specified 6 features, such as the absence of anything in the ear or 7 leading to the ear, or the like, without disclosing clearly 8 and conspicuously that the instrument operates on the bone 9 conduction principle and that in many cases of hearing loss 10 this type of instrument may not be suitable. 11 (p) Stating or implying that the use of any hearing 12 aid will improve or preserve hearing or prevent or retard the 13 progression of a hearing impairment or that it will have any 14 similar or opposite effect. 15 (q) Making any statement regarding the cure of the 16 cause of a hearing impairment by the use of a hearing aid. 17 (r) Representing or implying that a hearing aid is or 18 will be "custom-made," "made to order," or 19 "prescription-made," or in any other sense specially 20 fabricated for an individual, when such is not the case. 21 (s) Canvassing from house to house or by telephone, 22 either in person or by an agent, for the purpose of selling a 23 hearing aid, except that contacting persons who have evidenced 24 an interest in hearing aids, or have been referred as in need 25 of hearing aids, shall not be considered canvassing. 26 (t) Failing to notify the department in writing of a 27 change in current mailing and place-of-practice address within 28 30 days after such change. 29 (u) Failing to provide all information as described in 30 ss. 468.1225(5)(b), 468.1245(1), and 468.1246. 31 (v) Exercising influence on a client in such a manner 60 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 as to exploit the client for financial gain of the licensee or 2 of a third party. 3 (w) Practicing or offering to practice beyond the 4 scope permitted by law or accepting and performing 5 professional responsibilities the licensee or 6 certificateholder knows, or has reason to know, the licensee 7 or certificateholder is not competent to perform. 8 (x) Aiding, assisting, procuring, or employing any 9 unlicensed person to practice speech-language pathology or 10 audiology. 11 (y) Delegating or contracting for the performance of 12 professional responsibilities by a person when the licensee 13 delegating or contracting for performance of such 14 responsibilities knows, or has reason to know, such person is 15 not qualified by training, experience, and authorization to 16 perform them. 17 (z) Committing any act upon a patient or client which 18 would constitute sexual battery or which would constitute 19 sexual misconduct as defined pursuant to s. 468.1296. 20 (aa) Being unable to practice the profession for which 21 he or she is licensed or certified under this chapter with 22 reasonable skill or competence as a result of any mental or 23 physical condition or by reason of illness, drunkenness, or 24 use of drugs, narcotics, chemicals, or any other substance. In 25 enforcing this paragraph, upon a finding by the secretary, his 26 or her designee, or the board that probable cause exists to 27 believe that the licensee or certificateholder is unable to 28 practice the profession because of the reasons stated in this 29 paragraph, the department shall have the authority to compel a 30 licensee or certificateholder to submit to a mental or 31 physical examination by a physician, psychologist, clinical 61 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 social worker, marriage and family therapist, or mental health 2 counselor designated by the department or board. If the 3 licensee or certificateholder refuses to comply with the 4 department's order directing the examination, such order may 5 be enforced by filing a petition for enforcement in the 6 circuit court in the circuit in which the licensee or 7 certificateholder resides or does business. The department 8 shall be entitled to the summary procedure provided in s. 9 51.011. A licensee or certificateholder affected under this 10 paragraph shall at reasonable intervals be afforded an 11 opportunity to demonstrate that he or she can resume the 12 competent practice for which he or she is licensed or 13 certified with reasonable skill and safety to patients. 14 (bb) Violating any provision of this chapter or 15 chapter 456, or any rules adopted pursuant thereto. 16 (2) The board may enter an order denying licensure or 17 imposing any of the penalties in s. 456.072(2) against any 18 applicant for licensure or licensee who is found guilty of 19 violating any provision of subsection (1) of this section or 20 who is found guilty of violating any provision of s. 21 456.072(1). 22 Section 15. For the purpose of incorporating the 23 amendment to section 456.072, Florida Statutes, in references 24 thereto, subsections (1) and (2) of section 468.1755, Florida 25 Statutes, are reenacted to read: 26 468.1755 Disciplinary proceedings.-- 27 (1) The following acts constitute grounds for denial 28 of a license or disciplinary action, as specified in s. 29 456.072(2): 30 (a) Violation of any provision of s. 456.072(1) or s. 31 468.1745(1). 62 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (b) Attempting to procure a license to practice 2 nursing home administration by bribery, by fraudulent 3 misrepresentation, or through an error of the department or 4 the board. 5 (c) Having a license to practice nursing home 6 administration revoked, suspended, or otherwise acted against, 7 including the denial of licensure, by the licensing authority 8 of another state, territory, or country. 9 (d) Being convicted or found guilty, regardless of 10 adjudication, of a crime in any jurisdiction which relates to 11 the practice of nursing home administration or the ability to 12 practice nursing home administration. Any plea of nolo 13 contendere shall be considered a conviction for purposes of 14 this part. 15 (e) Making or filing a report or record which the 16 licensee knows to be false, intentionally failing to file a 17 report or record required by state or federal law, willfully 18 impeding or obstructing such filing, or inducing another 19 person to impede or obstruct such filing. Such reports or 20 records shall include only those which are signed in the 21 capacity of a licensed nursing home administrator. 22 (f) Authorizing the discharge or transfer of a 23 resident for a reason other than those provided in ss. 400.022 24 and 400.0255. 25 (g) Advertising goods or services in a manner which is 26 fraudulent, false, deceptive, or misleading in form or 27 content. 28 (h) Fraud or deceit, negligence, incompetence, or 29 misconduct in the practice of nursing home administration. 30 (i) Violation of a lawful order of the board or 31 department previously entered in a disciplinary hearing or 63 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 failing to comply with a lawfully issued subpoena of the board 2 or department. 3 (j) Practicing with a revoked, suspended, inactive, or 4 delinquent license. 5 (k) Repeatedly acting in a manner inconsistent with 6 the health, safety, or welfare of the patients of the facility 7 in which he or she is the administrator. 8 (l) Being unable to practice nursing home 9 administration with reasonable skill and safety to patients by 10 reason of illness, drunkenness, use of drugs, narcotics, 11 chemicals, or any other material or substance or as a result 12 of any mental or physical condition. In enforcing this 13 paragraph, upon a finding of the secretary or his or her 14 designee that probable cause exists to believe that the 15 licensee is unable to serve as a nursing home administrator 16 due to the reasons stated in this paragraph, the department 17 shall have the authority to issue an order to compel the 18 licensee to submit to a mental or physical examination by a 19 physician designated by the department. If the licensee 20 refuses to comply with such order, the department's order 21 directing such examination may be enforced by filing a 22 petition for enforcement in the circuit court where the 23 licensee resides or serves as a nursing home administrator. 24 The licensee against whom the petition is filed shall not be 25 named or identified by initials in any public court records or 26 documents, and the proceedings shall be closed to the public. 27 The department shall be entitled to the summary procedure 28 provided in s. 51.011. A licensee affected under this 29 paragraph shall have the opportunity, at reasonable intervals, 30 to demonstrate that he or she can resume the competent 31 practice of nursing home administration with reasonable skill 64 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 and safety to patients. 2 (m) Willfully or repeatedly violating any of the 3 provisions of the law, code, or rules of the licensing or 4 supervising authority or agency of the state or political 5 subdivision thereof having jurisdiction of the operation and 6 licensing of nursing homes. 7 (n) Paying, giving, causing to be paid or given, or 8 offering to pay or to give to any person a commission or other 9 valuable consideration for the solicitation or procurement, 10 either directly or indirectly, of nursing home usage. 11 (o) Willfully permitting unauthorized disclosure of 12 information relating to a patient or his or her records. 13 (p) Discriminating with respect to patients, 14 employees, or staff on account of race, religion, color, sex, 15 or national origin. 16 (q) Failing to implement an ongoing quality assurance 17 program directed by an interdisciplinary team that meets at 18 least every other month. 19 (r) Violating any provision of this chapter or chapter 20 456, or any rules adopted pursuant thereto. 21 (2) The board may enter an order denying licensure or 22 imposing any of the penalties in s. 456.072(2) against any 23 applicant for licensure or licensee who is found guilty of 24 violating any provision of subsection (1) of this section or 25 who is found guilty of violating any provision of s. 26 456.072(1). 27 Section 16. For the purpose of incorporating the 28 amendment to section 456.072, Florida Statutes, in references 29 thereto, subsections (1) and (2) of section 468.217, Florida 30 Statutes, are reenacted to read: 31 468.217 Denial of or refusal to renew license; 65 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 suspension and revocation of license and other disciplinary 2 measures.-- 3 (1) The following acts constitute grounds for denial 4 of a license or disciplinary action, as specified in s. 5 456.072(2): 6 (a) Attempting to obtain, obtaining, or renewing a 7 license to practice occupational therapy by bribery, by 8 fraudulent misrepresentation, or through an error of the 9 department or the board. 10 (b) Having a license to practice occupational therapy 11 revoked, suspended, or otherwise acted against, including the 12 denial of licensure, by the licensing authority of another 13 state, territory, or country. 14 (c) Being convicted or found guilty, regardless of 15 adjudication, of a crime in any jurisdiction which directly 16 relates to the practice of occupational therapy or to the 17 ability to practice occupational therapy. A plea of nolo 18 contendere shall be considered a conviction for the purposes 19 of this part. 20 (d) False, deceptive, or misleading advertising. 21 (e) Advertising, practicing, or attempting to practice 22 under a name other than one's own name. 23 (f) Failing to report to the department any person who 24 the licensee knows is in violation of this part or of the 25 rules of the department or of the board. 26 (g) Aiding, assisting, procuring, or advising any 27 unlicensed person to practice occupational therapy contrary to 28 this part or to a rule of the department or the board. 29 (h) Failing to perform any statutory or legal 30 obligation placed upon a licensed occupational therapist or 31 occupational therapy assistant. 66 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (i) Making or filing a report which the licensee knows 2 to be false, intentionally or negligently failing to file a 3 report or record required by state or federal law, willfully 4 impeding or obstructing such filing or inducing another person 5 to do so. Such reports or records include only those which 6 are signed in the capacity as a licensed occupational 7 therapist or occupational therapy assistant. 8 (j) Paying or receiving any commission, bonus, 9 kickback, or rebate to or from, or engaging in any split-fee 10 arrangement in any form whatsoever with, a physician, 11 organization, agency, or person, either directly or 12 indirectly, for patients referred to providers of health care 13 goods and services, including, but not limited to, hospitals, 14 nursing homes, clinical laboratories, ambulatory surgical 15 centers, or pharmacies. The provisions of this paragraph 16 shall not be construed to prevent an occupational therapist or 17 occupational therapy assistant from receiving a fee for 18 professional consultation services. 19 (k) Exercising influence within a patient-therapist 20 relationship for purposes of engaging a patient in sexual 21 activity. A patient is presumed to be incapable of giving 22 free, full, and informed consent to sexual activity with the 23 patient's occupational therapist or occupational therapy 24 assistant. 25 (l) Making deceptive, untrue, or fraudulent 26 representations in the practice of occupational therapy or 27 employing a trick or scheme in the practice of occupational 28 therapy if such scheme or trick fails to conform to the 29 generally prevailing standards of treatment in the 30 occupational therapy community. 31 (m) Soliciting patients, either personally or through 67 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 an agent, through the use of fraud, intimidation, undue 2 influence, or a form of overreaching or vexatious conduct. A 3 "solicitation" is any communication which directly or 4 implicitly requests an immediate oral response from the 5 recipient. 6 (n) Failing to keep written records justifying the 7 course of treatment of the patient, including, but not limited 8 to, patient histories, examination results, and test results. 9 (o) Exercising influence on the patient or client in 10 such a manner as to exploit the patient or client for 11 financial gain of the licensee or of a third party which 12 includes, but is not limited to, the promoting or selling of 13 services, goods, appliances, or drugs. 14 (p) Performing professional services which have not 15 been duly authorized by the patient or client, or his or her 16 legal representative, except as provided in s. 768.13. 17 (q) Gross or repeated malpractice or the failure to 18 practice occupational therapy with that level of care, skill, 19 and treatment which is recognized by a reasonably prudent 20 similar occupational therapist or occupational therapy 21 assistant as being acceptable under similar conditions and 22 circumstances. 23 (r) Performing any procedure which, by the prevailing 24 standards of occupational therapy practice in the community, 25 would constitute experimentation on a human subject without 26 first obtaining full, informed, and written consent. 27 (s) Practicing or offering to practice beyond the 28 scope permitted by law or accepting and performing 29 professional responsibilities which the licensee knows or has 30 reason to know that he or she is not competent to perform. 31 (t) Being unable to practice occupational therapy with 68 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 reasonable skill and safety to patients by reason of illness 2 or use of alcohol, drugs, narcotics, chemicals, or any other 3 type of material or as a result of any mental or physical 4 condition. In enforcing this paragraph, the department shall 5 have, upon probable cause, authority to compel an occupational 6 therapist or occupational therapy assistant to submit to a 7 mental or physical examination by physicians designated by the 8 department. The failure of an occupational therapist or 9 occupational therapy assistant to submit to such examination 10 when so directed constitutes an admission of the allegations 11 against him or her, upon which a default and final order may 12 be entered without the taking of testimony or presentation of 13 evidence, unless the failure was due to circumstances beyond 14 his or her control. An occupational therapist or occupational 15 therapy assistant affected under this paragraph shall at 16 reasonable intervals be afforded an opportunity to demonstrate 17 that he or she can resume the competent practice of 18 occupational therapy with reasonable skill and safety to 19 patients. In any proceeding under this paragraph, neither the 20 record of proceedings nor the orders entered by the board 21 shall be used against an occupational therapist or 22 occupational therapy assistant in any other proceeding. 23 (u) Delegating professional responsibilities to a 24 person when the licensee who is delegating such 25 responsibilities knows or has reason to know that such person 26 is not qualified by training, experience, or licensure to 27 perform them. 28 (v) Violating a lawful order of the board or 29 department previously entered in a disciplinary hearing or 30 failing to comply with a lawfully issued subpoena of the 31 department. 69 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (w) Conspiring with another licensee or with any other 2 person to commit an act, or committing an act, which would 3 tend to coerce, intimidate, or preclude another licensee from 4 lawfully advertising his or her services. 5 (x) Violating any provision of this chapter or chapter 6 456, or any rules adopted pursuant thereto. 7 (2) The board may enter an order denying licensure or 8 imposing any of the penalties in s. 456.072(2) against any 9 applicant for licensure or licensee who is found guilty of 10 violating any provision of subsection (1) of this section or 11 who is found guilty of violating any provision of s. 12 456.072(1). 13 Section 17. For the purpose of incorporating the 14 amendment to section 456.072, Florida Statutes, in references 15 thereto, subsections (1) and (2) of section 468.365, Florida 16 Statutes, are reenacted to read: 17 468.365 Disciplinary grounds and actions.-- 18 (1) The following acts constitute grounds for denial 19 of a license or disciplinary action, as specified in s. 20 456.072(2): 21 (a) Procuring, attempting to procure, or renewing a 22 license as provided by this part by bribery, by fraudulent 23 misrepresentation, or through an error of the department or 24 the board. 25 (b) Having licensure, certification, registration, or 26 other authority, by whatever name known, to deliver 27 respiratory care services revoked, suspended, or otherwise 28 acted against, including the denial of licensure, 29 certification, registration, or other authority to deliver 30 respiratory care services by the licensing authority of 31 another state, territory, or country. 70 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (c) Being convicted or found guilty of, or entering a 2 plea of nolo contendere to, regardless of adjudication, a 3 crime in any jurisdiction which directly relates to 4 respiratory care services or to the ability to deliver such 5 services. 6 (d) Willfully making or filing a false report or 7 record, willfully failing to file a report or record required 8 by state or federal law, or willfully impeding or obstructing 9 such filing or inducing another person to do so. Such reports 10 or records include only those reports or records which require 11 the signature of a respiratory care practitioner or 12 respiratory therapist licensed pursuant to this part. 13 (e) Circulating false, misleading, or deceptive 14 advertising. 15 (f) Unprofessional conduct, which includes, but is not 16 limited to, any departure from, or failure to conform to, 17 acceptable standards related to the delivery of respiratory 18 care services, as set forth by the board in rules adopted 19 pursuant to this part. 20 (g) Engaging or attempting to engage in the 21 possession, sale, or distribution of controlled substances, as 22 set forth by law, for any purpose other than a legitimate 23 purpose. 24 (h) Willfully failing to report any violation of this 25 part. 26 (i) Violating a lawful order of the board or 27 department previously entered in a disciplinary hearing. 28 (j) Engaging in the delivery of respiratory care 29 services with a revoked, suspended, or inactive license. 30 (k) Permitting, aiding, assisting, procuring, or 31 advising any person who is not licensed pursuant to this part, 71 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 contrary to this part or to any rule of the department or the 2 board. 3 (l) Failing to perform any statutory or legal 4 obligation placed upon a respiratory care practitioner or 5 respiratory therapist licensed pursuant to this part. 6 (m) Accepting and performing professional 7 responsibilities which the licensee knows, or has reason to 8 know, she or he is not competent to perform. 9 (n) Delegating professional responsibilities to a 10 person when the licensee delegating such responsibilities 11 knows, or has reason to know, that such person is not 12 qualified by training, experience, or licensure to perform 13 them. 14 (o) Gross or repeated malpractice or the failure to 15 deliver respiratory care services with that level of care, 16 skill, and treatment which is recognized by a reasonably 17 prudent respiratory care practitioner or respiratory therapist 18 with similar professional training as being acceptable under 19 similar conditions and circumstances. 20 (p) Paying or receiving any commission, bonus, 21 kickback, or rebate to or from, or engaging in any split-fee 22 arrangement in any form whatsoever with, a person, 23 organization, or agency, either directly or indirectly, for 24 goods or services rendered to patients referred by or to 25 providers of health care goods and services, including, but 26 not limited to, hospitals, nursing homes, clinical 27 laboratories, ambulatory surgical centers, or pharmacies. The 28 provisions of this paragraph shall not be construed to prevent 29 the licensee from receiving a fee for professional 30 consultation services. 31 (q) Exercising influence within a respiratory care 72 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 relationship for the purpose of engaging a patient in sexual 2 activity. A patient is presumed to be incapable of giving 3 free, full, and informed consent to sexual activity with the 4 patient's respiratory care practitioner or respiratory 5 therapist. 6 (r) Making deceptive, untrue, or fraudulent 7 representations in the delivery of respiratory care services 8 or employing a trick or scheme in the delivery of respiratory 9 care services if such a scheme or trick fails to conform to 10 the generally prevailing standards of other licensees within 11 the community. 12 (s) Soliciting patients, either personally or through 13 an agent, through the use of fraud, deception, or otherwise 14 misleading statements or through the exercise of intimidation 15 or undue influence. 16 (t) Failing to keep written respiratory care records 17 justifying the reason for the action taken by the licensee. 18 (u) Exercising influence on the patient in such a 19 manner as to exploit the patient for the financial gain of the 20 licensee or a third party, which includes, but is not limited 21 to, the promoting or selling of services, goods, appliances, 22 or drugs. 23 (v) Performing professional services which have not 24 been duly ordered by a physician licensed pursuant to chapter 25 458 or chapter 459 and which are not in accordance with 26 protocols established by the hospital, other health care 27 provider, or the board, except as provided in ss. 743.064, 28 766.103, and 768.13. 29 (w) Being unable to deliver respiratory care services 30 with reasonable skill and safety to patients by reason of 31 illness or use of alcohol, drugs, narcotics, chemicals, or any 73 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 other type of material as a result of any mental or physical 2 condition. In enforcing this paragraph, the department shall, 3 upon probable cause, have authority to compel a respiratory 4 care practitioner or respiratory therapist to submit to a 5 mental or physical examination by physicians designated by the 6 department. The cost of examination shall be borne by the 7 licensee being examined. The failure of a respiratory care 8 practitioner or respiratory therapist to submit to such an 9 examination when so directed constitutes an admission of the 10 allegations against her or him, upon which a default and a 11 final order may be entered without the taking of testimony or 12 presentation of evidence, unless the failure was due to 13 circumstances beyond her or his control. A respiratory care 14 practitioner or respiratory therapist affected under this 15 paragraph shall at reasonable intervals be afforded an 16 opportunity to demonstrate that she or he can resume the 17 competent delivery of respiratory care services with 18 reasonable skill and safety to her or his patients. In any 19 proceeding under this paragraph, neither the record of 20 proceedings nor the orders entered by the board shall be used 21 against a respiratory care practitioner or respiratory 22 therapist in any other proceeding. 23 (x) Violating any provision of this chapter or chapter 24 456, or any rules adopted pursuant thereto. 25 (2) The board may enter an order denying licensure or 26 imposing any of the penalties in s. 456.072(2) against any 27 applicant for licensure or licensee who is found guilty of 28 violating any provision of subsection (1) of this section or 29 who is found guilty of violating any provision of s. 30 456.072(1). 31 Section 18. For the purpose of incorporating the 74 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 amendment to section 456.072, Florida Statutes, in references 2 thereto, subsections (1) and (2) of section 468.518, Florida 3 Statutes, are reenacted to read: 4 468.518 Grounds for disciplinary action.-- 5 (1) The following acts constitute grounds for denial 6 of a license or disciplinary action, as specified in s. 7 456.072(2): 8 (a) Violating any provision of this part, any board or 9 agency rule adopted pursuant thereto, or any lawful order of 10 the board or agency previously entered in a disciplinary 11 hearing held pursuant to this part, or failing to comply with 12 a lawfully issued subpoena of the agency. The provisions of 13 this paragraph also apply to any order or subpoena previously 14 issued by the Department of Health during its period of 15 regulatory control over this part. 16 (b) Being unable to engage in dietetics and nutrition 17 practice or nutrition counseling with reasonable skill and 18 safety to patients by reason of illness or use of alcohol, 19 drugs, narcotics, chemicals, or any other type of material or 20 as a result of any mental or physical condition. 21 1. A licensee whose license is suspended or revoked 22 pursuant to this paragraph shall, at reasonable intervals, be 23 given an opportunity to demonstrate that he or she can resume 24 the competent practice of dietetics and nutrition or nutrition 25 counseling with reasonable skill and safety to patients. 26 2. Neither the record of the proceeding nor the orders 27 entered by the board in any proceeding under this paragraph 28 may be used against a licensee in any other proceeding. 29 (c) Attempting to procure or procuring a license to 30 practice dietetics and nutrition or nutrition counseling by 31 fraud or material misrepresentation of material fact. 75 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (d) Having a license to practice dietetics and 2 nutrition or nutrition counseling revoked, suspended, or 3 otherwise acted against, including the denial of licensure by 4 the licensing authority of another state, district, territory, 5 or country. 6 (e) Being convicted or found guilty of, or entering a 7 plea of nolo contendere to, regardless of adjudication, a 8 crime in any jurisdiction which directly relates to the 9 practice of dietetics and nutrition or nutrition counseling or 10 the ability to practice dietetics and nutrition or nutrition 11 counseling. 12 (f) Making or filing a report or record that the 13 licensee knows to be false, willfully failing to file a report 14 or record required by state or federal law, willfully impeding 15 or obstructing such filing, or inducing another person to 16 impede or obstruct such filing. Such reports or records 17 include only those that are signed in the capacity of a 18 licensed dietitian/nutritionist or licensed nutrition 19 counselor. 20 (g) Advertising goods or services in a manner that is 21 fraudulent, false, deceptive, or misleading in form or 22 content. 23 (h) Committing an act of fraud or deceit, or of 24 negligence, incompetency, or misconduct in the practice of 25 dietetics and nutrition or nutrition counseling. 26 (i) Practicing with a revoked, suspended, inactive, or 27 delinquent license. 28 (j) Treating or undertaking to treat human ailments by 29 means other than by dietetics and nutrition practice or 30 nutrition counseling. 31 (k) Failing to maintain acceptable standards of 76 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 practice as set forth by the board and the council in rules 2 adopted pursuant to this part. 3 (l) Engaging directly or indirectly in the dividing, 4 transferring, assigning, rebating, or refunding of fees 5 received for professional services, or profiting by means of a 6 credit or other valuable consideration, such as an unearned 7 commission, discount, or gratuity, with any person referring a 8 patient or with any relative or business associate of the 9 referring person. Nothing in this part prohibits the members 10 of any regularly and properly organized business entity that 11 is composed of licensees under this part and recognized under 12 the laws of this state from making any division of their total 13 fees among themselves as they determine necessary. 14 (m) Advertising, by or on behalf of a licensee under 15 this part, any method of assessment or treatment which is 16 experimental or without generally accepted scientific 17 validation. 18 (n) Violating any provision of this chapter or chapter 19 456, or any rules adopted pursuant thereto. 20 (2) The board may enter an order denying licensure or 21 imposing any of the penalties in s. 456.072(2) against any 22 applicant for licensure or licensee who is found guilty of 23 violating any provision of subsection (1) of this section or 24 who is found guilty of violating any provision of s. 25 456.072(1). 26 Section 19. For the purpose of incorporating the 27 amendment to section 456.072, Florida Statutes, in references 28 thereto, section 468.719, Florida Statutes, is reenacted to 29 read: 30 468.719 Disciplinary actions.-- 31 (1) The following acts constitute grounds for denial 77 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 of a license or disciplinary action, as specified in s. 2 456.072(2): 3 (a) Failing to include the athletic trainer's name and 4 license number in any advertising, including, but not limited 5 to, business cards and letterhead, related to the practice of 6 athletic training. Advertising shall not include clothing or 7 other novelty items. 8 (b) Committing incompetency or misconduct in the 9 practice of athletic training. 10 (c) Committing fraud or deceit in the practice of 11 athletic training. 12 (d) Committing negligence, gross negligence, or 13 repeated negligence in the practice of athletic training. 14 (e) While practicing athletic training, being unable 15 to practice athletic training with reasonable skill and safety 16 to athletes by reason of illness or use of alcohol or drugs or 17 as a result of any mental or physical condition. 18 (f) Violating any provision of this chapter or chapter 19 456, or any rules adopted pursuant thereto. 20 (2) The board may enter an order denying licensure or 21 imposing any of the penalties in s. 456.072(2) against any 22 applicant for licensure or licensee who is found guilty of 23 violating any provision of subsection (1) of this section or 24 who is found guilty of violating any provision of s. 25 456.072(1). 26 Section 20. For the purpose of incorporating the 27 amendment to section 456.072, Florida Statutes, in references 28 thereto, section 468.811, Florida Statutes, is reenacted to 29 read: 30 468.811 Disciplinary proceedings.-- 31 (1) The following acts constitute grounds for denial 78 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 of a license or disciplinary action, as specified in s. 2 456.072(2): 3 (a) Attempting to procure a license by fraudulent 4 misrepresentation. 5 (b) Having a license to practice orthotics, 6 prosthetics, or pedorthics revoked, suspended, or otherwise 7 acted against, including the denial of licensure in another 8 jurisdiction. 9 (c) Being convicted or found guilty of or pleading 10 nolo contendere to, regardless of adjudication, in any 11 jurisdiction, a crime that directly relates to the practice of 12 orthotics, prosthetics, or pedorthics, including violations of 13 federal laws or regulations regarding orthotics, prosthetics, 14 or pedorthics. 15 (d) Filing a report or record that the licensee knows 16 is false, intentionally or negligently failing to file a 17 report or record required by state or federal law, willfully 18 impeding or obstructing such filing, or inducing another 19 person to impede or obstruct such filing. Such reports or 20 records include only reports or records that are signed in a 21 person's capacity as a licensee under this act. 22 (e) Advertising goods or services in a fraudulent, 23 false, deceptive, or misleading manner. 24 (f) Violation of an order of the board, agency, or 25 department previously entered in a disciplinary hearing or 26 failure to comply with a subpoena issued by the board, agency, 27 or department. 28 (g) Practicing with a revoked, suspended, or inactive 29 license. 30 (h) Gross or repeated malpractice or the failure to 31 deliver orthotic, prosthetic, or pedorthic services with that 79 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 level of care and skill which is recognized by a reasonably 2 prudent licensed practitioner with similar professional 3 training as being acceptable under similar conditions and 4 circumstances. 5 (i) Failing to provide written notice of any 6 applicable warranty for an orthosis, prosthesis, or pedorthic 7 device that is provided to a patient. 8 (j) Violating any provision of this chapter or chapter 9 456, or any rules adopted pursuant thereto. 10 (2) The board may enter an order denying licensure or 11 imposing any of the penalties in s. 456.072(2) against any 12 applicant for licensure or licensee who is found guilty of 13 violating any provision of subsection (1) of this section or 14 who is found guilty of violating any provision of s. 15 456.072(1). 16 Section 21. For the purpose of incorporating the 17 amendment to section 456.072, Florida Statutes, in references 18 thereto, subsections (1) and (2) of section 478.52, Florida 19 Statutes, are reenacted to read: 20 478.52 Disciplinary proceedings.-- 21 (1) The following acts constitute grounds for denial 22 of a license or disciplinary action, as specified in s. 23 456.072(2): 24 (a) Obtaining or attempting to obtain a license by 25 bribery, fraud, or knowing misrepresentation. 26 (b) Having a license or other authority to deliver 27 electrolysis services revoked, suspended, or otherwise acted 28 against, including denial of licensure, in another 29 jurisdiction. 30 (c) Being convicted or found guilty of, or entering a 31 plea of nolo contendere to, regardless of adjudication, a 80 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 crime, in any jurisdiction, which directly relates to the 2 practice of electrology. 3 (d) Willfully making or filing a false report or 4 record, willfully failing to file a report or record required 5 for electrologists, or willfully impeding or obstructing the 6 filing of a report or record required by this act or inducing 7 another person to do so. 8 (e) Circulating false, misleading, or deceptive 9 advertising. 10 (f) Unprofessional conduct, including any departure 11 from, or failure to conform to, acceptable standards related 12 to the delivery of electrolysis services. 13 (g) Engaging or attempting to engage in the illegal 14 possession, sale, or distribution of any illegal or controlled 15 substance. 16 (h) Willfully failing to report any known violation of 17 this chapter. 18 (i) Willfully or repeatedly violating a rule adopted 19 under this chapter, or an order of the board or department 20 previously entered in a disciplinary hearing. 21 (j) Engaging in the delivery of electrolysis services 22 without an active license. 23 (k) Employing an unlicensed person to practice 24 electrology. 25 (l) Failing to perform any statutory or legal 26 obligation placed upon an electrologist. 27 (m) Accepting and performing professional 28 responsibilities which the licensee knows, or has reason to 29 know, she or he is not competent to perform. 30 (n) Delegating professional responsibilities to a 31 person the licensee knows, or has reason to know, is 81 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 unqualified by training, experience, or licensure to perform. 2 (o) Gross or repeated malpractice or the inability to 3 practice electrology with reasonable skill and safety. 4 (p) Judicially determined mental incompetency. 5 (q) Practicing or attempting to practice electrology 6 under a name other than her or his own. 7 (r) Being unable to practice electrology with 8 reasonable skill and safety because of a mental or physical 9 condition or illness, or the use of alcohol, controlled 10 substances, or any other substance which impairs one's ability 11 to practice. 12 1. The department may, upon probable cause, compel a 13 licensee to submit to a mental or physical examination by 14 physicians designated by the department. The cost of an 15 examination shall be borne by the licensee, and her or his 16 failure to submit to such an examination constitutes an 17 admission of the allegations against her or him, consequent 18 upon which a default and a final order may be entered without 19 the taking of testimony or presentation of evidence, unless 20 the failure was due to circumstances beyond her or his 21 control. 22 2. A licensee who is disciplined under this paragraph 23 shall, at reasonable intervals, be afforded an opportunity to 24 demonstrate that she or he can resume the practice of 25 electrology with reasonable skill and safety. 26 3. In any proceeding under this paragraph, the record 27 of proceedings or the orders entered by the board may not be 28 used against a licensee in any other proceeding. 29 (s) Disclosing the identity of or information about a 30 patient without written permission, except for information 31 which does not identify a patient and which is used for 82 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 training purposes in an approved electrolysis training 2 program. 3 (t) Practicing or attempting to practice any permanent 4 hair removal except as described in s. 478.42(5). 5 (u) Operating any electrolysis facility unless it has 6 been duly licensed as provided in this chapter. 7 (v) Violating any provision of this chapter or chapter 8 456, or any rules adopted pursuant thereto. 9 (2) The board may enter an order denying licensure or 10 imposing any of the penalties in s. 456.072(2) against any 11 applicant for licensure or licensee who is found guilty of 12 violating any provision of subsection (1) of this section or 13 who is found guilty of violating any provision of s. 14 456.072(1). 15 Section 22. For the purpose of incorporating the 16 amendment to section 456.072, Florida Statutes, in references 17 thereto, subsections (1) and (2) of section 480.046, Florida 18 Statutes, are reenacted to read: 19 480.046 Grounds for disciplinary action by the 20 board.-- 21 (1) The following acts constitute grounds for denial 22 of a license or disciplinary action, as specified in s. 23 456.072(2): 24 (a) Attempting to procure a license to practice 25 massage by bribery or fraudulent misrepresentation. 26 (b) Having a license to practice massage revoked, 27 suspended, or otherwise acted against, including the denial of 28 licensure, by the licensing authority of another state, 29 territory, or country. 30 (c) Being convicted or found guilty, regardless of 31 adjudication, of a crime in any jurisdiction which directly 83 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 relates to the practice of massage or to the ability to 2 practice massage. Any plea of nolo contendere shall be 3 considered a conviction for purposes of this chapter. 4 (d) False, deceptive, or misleading advertising. 5 (e) Aiding, assisting, procuring, or advising any 6 unlicensed person to practice massage contrary to the 7 provisions of this chapter or to a rule of the department or 8 the board. 9 (f) Making deceptive, untrue, or fraudulent 10 representations in the practice of massage. 11 (g) Being unable to practice massage with reasonable 12 skill and safety by reason of illness or use of alcohol, 13 drugs, narcotics, chemicals, or any other type of material or 14 as a result of any mental or physical condition. In enforcing 15 this paragraph, the department shall have, upon probable 16 cause, authority to compel a massage therapist to submit to a 17 mental or physical examination by physicians designated by the 18 department. Failure of a massage therapist to submit to such 19 examination when so directed, unless the failure was due to 20 circumstances beyond her or his control, shall constitute an 21 admission of the allegations against her or him, consequent 22 upon which a default and final order may be entered without 23 the taking of testimony or presentation of evidence. A 24 massage therapist affected under this paragraph shall at 25 reasonable intervals be afforded an opportunity to demonstrate 26 that she or he can resume the competent practice of massage 27 with reasonable skill and safety to clients. 28 (h) Gross or repeated malpractice or the failure to 29 practice massage with that level of care, skill, and treatment 30 which is recognized by a reasonably prudent massage therapist 31 as being acceptable under similar conditions and 84 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 circumstances. 2 (i) Practicing or offering to practice beyond the 3 scope permitted by law or accepting and performing 4 professional responsibilities which the licensee knows or has 5 reason to know that she or he is not competent to perform. 6 (j) Delegating professional responsibilities to a 7 person when the licensee delegating such responsibilities 8 knows or has reason to know that such person is not qualified 9 by training, experience, or licensure to perform. 10 (k) Violating a lawful order of the board or 11 department previously entered in a disciplinary hearing, or 12 failing to comply with a lawfully issued subpoena of the 13 department. 14 (l) Refusing to permit the department to inspect the 15 business premises of the licensee during regular business 16 hours. 17 (m) Failing to keep the equipment and premises of the 18 massage establishment in a clean and sanitary condition. 19 (n) Practicing massage at a site, location, or place 20 which is not duly licensed as a massage establishment, except 21 that a massage therapist, as provided by rules adopted by the 22 board, may provide massage services, excluding colonic 23 irrigation, at the residence of a client, at the office of the 24 client, at a sports event, at a convention, or at a trade 25 show. 26 (o) Violating any provision of this chapter or chapter 27 456, or any rules adopted pursuant thereto. 28 (2) The board may enter an order denying licensure or 29 imposing any of the penalties in s. 456.072(2) against any 30 applicant for licensure or licensee who is found guilty of 31 violating any provision of subsection (1) of this section or 85 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 who is found guilty of violating any provision of s. 2 456.072(1). 3 Section 23. For the purpose of incorporating the 4 amendment to section 456.072, Florida Statutes, in references 5 thereto, subsections (1) and (2) of section 483.825, Florida 6 Statutes, are reenacted to read: 7 483.825 Grounds for disciplinary action.-- 8 (1) The following acts constitute grounds for denial 9 of a license or disciplinary action, as specified in s. 10 456.072(2): 11 (a) Attempting to obtain, obtaining, or renewing a 12 license or registration under this part by bribery, by 13 fraudulent misrepresentation, or through an error of the 14 department or the board. 15 (b) Engaging in or attempting to engage in, or 16 representing herself or himself as entitled to perform, any 17 clinical laboratory procedure or category of procedures not 18 authorized pursuant to her or his license. 19 (c) Demonstrating incompetence or making consistent 20 errors in the performance of clinical laboratory examinations 21 or procedures or erroneous reporting. 22 (d) Performing a test and rendering a report thereon 23 to a person not authorized by law to receive such services. 24 (e) Has been convicted or found guilty of, or entered 25 a plea of nolo contendere to, regardless of adjudication, a 26 crime in any jurisdiction which directly relates to the 27 activities of clinical laboratory personnel or involves moral 28 turpitude or fraudulent or dishonest dealing. The record of a 29 conviction certified or authenticated in such form as to be 30 admissible in evidence under the laws of the state shall be 31 admissible as prima facie evidence of such guilt. 86 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (f) Having been adjudged mentally or physically 2 incompetent. 3 (g) Aiding and abetting in the violation of any 4 provision of this part or the rules adopted hereunder. 5 (h) Reporting a test result when no laboratory test 6 was performed on a clinical specimen. 7 (i) Knowingly advertising false services or 8 credentials. 9 (j) Having a license revoked, suspended, or otherwise 10 acted against, including the denial of licensure, by the 11 licensing authority of another jurisdiction. The licensing 12 authority's acceptance of a relinquishment of a license, 13 stipulation, consent order, or other settlement, offered in 14 response to or in anticipation of the filing of administrative 15 charges against the licensee, shall be construed as action 16 against the licensee. 17 (k) Failing to report to the board, in writing, within 18 30 days that an action under paragraph (e), paragraph (f), or 19 paragraph (j) has been taken against the licensee or one's 20 license to practice as clinical laboratory personnel in 21 another state, territory, country, or other jurisdiction. 22 (l) Being unable to perform or report clinical 23 laboratory examinations with reasonable skill and safety to 24 patients by reason of illness or use of alcohol, drugs, 25 narcotics, chemicals, or any other type of material or as a 26 result of any mental or physical condition. In enforcing this 27 paragraph, the department shall have, upon a finding of the 28 secretary or his or her designee that probable cause exists to 29 believe that the licensee is unable to practice because of the 30 reasons stated in this paragraph, the authority to issue an 31 order to compel a licensee to submit to a mental or physical 87 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 examination by physicians designated by the department. If the 2 licensee refuses to comply with such order, the department's 3 order directing such examination may be enforced by filing a 4 petition for enforcement in the circuit court where the 5 licensee resides or does business. The department shall be 6 entitled to the summary procedure provided in s. 51.011. A 7 licensee affected under this paragraph shall at reasonable 8 intervals be afforded an opportunity to demonstrate that he or 9 she can resume competent practice with reasonable skill and 10 safety to patients. 11 (m) Delegating professional responsibilities to a 12 person when the licensee delegating such responsibilities 13 knows, or has reason to know, that such person is not 14 qualified by training, experience, or licensure to perform 15 them. 16 (n) Violating a previous order of the board entered in 17 a disciplinary proceeding. 18 (o) Failing to report to the department a person or 19 other licensee who the licensee knows is in violation of this 20 chapter or the rules of the department or board adopted 21 hereunder. 22 (p) Making or filing a report which the licensee knows 23 to be false, intentionally or negligently failing to file a 24 report or record required by state or federal law, willfully 25 impeding or obstructing such filing or inducing another person 26 to do so, including, but not limited to, impeding an agent of 27 the state from obtaining a report or record for investigative 28 purposes. Such reports or records shall include only those 29 generated in the capacity as a licensed clinical laboratory 30 personnel. 31 (q) Paying or receiving any commission, bonus, 88 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 kickback, or rebate, or engaging in any split-fee arrangement 2 in any form whatsoever with a physician, organization, agency, 3 or person, either directly or indirectly for patients referred 4 to providers of health care goods and services including, but 5 not limited to, hospitals, nursing homes, clinical 6 laboratories, ambulatory surgical centers, or pharmacies. The 7 provisions of this paragraph shall not be construed to prevent 8 a clinical laboratory professional from receiving a fee for 9 professional consultation services. 10 (r) Exercising influence on a patient or client in 11 such a manner as to exploit the patient or client for the 12 financial gain of the licensee or other third party, which 13 shall include, but not be limited to, the promoting, selling, 14 or withholding of services, goods, appliances, referrals, or 15 drugs. 16 (s) Practicing or offering to practice beyond the 17 scope permitted by law or rule, or accepting or performing 18 professional services or responsibilities which the licensee 19 knows or has reason to know that he or she is not competent to 20 perform. 21 (t) Misrepresenting or concealing a material fact at 22 any time during any phase of the licensing, investigative, or 23 disciplinary process, procedure, or proceeding. 24 (u) Improperly interfering with an investigation or 25 any disciplinary proceeding. 26 (v) Engaging in or attempting to engage in sexual 27 misconduct, causing undue embarrassment or using disparaging 28 language or language of a sexual nature towards a patient, 29 exploiting superior/subordinate, professional/patient, 30 instructor/student relationships for personal gain, sexual 31 gratification, or advantage. 89 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (w) Violating any provision of this chapter or chapter 2 456, or any rules adopted pursuant thereto. 3 (2) The board may enter an order denying licensure or 4 imposing any of the penalties in s. 456.072(2) against any 5 applicant for licensure or licensee who is found guilty of 6 violating any provision of subsection (1) of this section or 7 who is found guilty of violating any provision of s. 8 456.072(1). 9 Section 24. For the purpose of incorporating the 10 amendment to section 456.072, Florida Statutes, in references 11 thereto, paragraphs (g) and (h) of subsection (6) of section 12 483.901, Florida Statutes, are reenacted to read: 13 483.901 Medical physicists; definitions; licensure.-- 14 (6) LICENSE REQUIRED.--An individual may not engage in 15 the practice of medical physics, including the specialties of 16 diagnostic radiological physics, therapeutic radiological 17 physics, medical nuclear radiological physics, or medical 18 health physics, without a license issued by the department for 19 the appropriate specialty. 20 (g) The following acts constitute grounds for denial 21 of a license or disciplinary action, as specified in s. 22 456.072(2): 23 1. Obtaining or attempting to obtain a license by 24 bribery, fraud, knowing misrepresentation, or concealment of 25 material fact or through an error of the department. 26 2. Having a license denied, revoked, suspended, or 27 otherwise acted against in another jurisdiction. 28 3. Being convicted or found guilty of, or entering a 29 plea of nolo contendere to, regardless of adjudication, a 30 crime in any jurisdiction which relates to the practice of, or 31 the ability to practice, the profession of medical physics. 90 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 4. Willfully failing to file a report or record 2 required for medical physics or willfully impeding or 3 obstructing the filing of a report or record required by this 4 section or inducing another person to do so. 5 5. Making misleading, deceptive, or fraudulent 6 representations in or related to the practice of medical 7 physics. 8 6. Willfully failing to report any known violation of 9 this section or any rule adopted thereunder. 10 7. Failing to perform any statutory or legal 11 obligation placed upon a licensee. 12 8. Aiding, assisting, procuring, employing, or 13 advising any unlicensed person to practice medical physics 14 contrary to this section or any rule adopted thereunder. 15 9. Delegating or contracting for the performance of 16 professional responsibilities by a person when the licensee 17 delegating or contracting such responsibilities knows, or has 18 reason to know, such person is not qualified by training, 19 experience, and authorization to perform them. 20 10. Practicing or offering to practice beyond the 21 scope permitted by law or accepting and performing 22 professional responsibilities the licensee knows, or has 23 reason to know, the licensee is not competent to perform. 24 11. Gross or repeated malpractice or the inability to 25 practice medical physics with reasonable skill and safety. 26 12. Judicially determined mental incompetency. 27 13. Being unable to practice medical physics with 28 reasonable skill and safety because of a mental or physical 29 condition or illness or the use of alcohol, controlled 30 substances, or any other substance which impairs one's ability 31 to practice. 91 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 a. The department may, upon probable cause, compel a 2 licensee to submit to a mental or physical examination by 3 physicians designated by the department. The cost of an 4 examination shall be borne by the licensee, and the licensee's 5 failure to submit to such an examination constitutes an 6 admission of the allegations against the licensee, consequent 7 upon which a default and a final order may be entered without 8 the taking of testimony or presentation of evidence, unless 9 the failure was due to circumstances beyond the licensee's 10 control. 11 b. A licensee who is disciplined under this 12 subparagraph shall, at reasonable intervals, be afforded an 13 opportunity to demonstrate that the licensee can resume the 14 practice of medical physics with reasonable skill and safety. 15 c. With respect to any proceeding under this 16 subparagraph, the record of proceedings or the orders entered 17 by the department may not be used against a licensee in any 18 other proceeding. 19 14. Violating any provision of this chapter or chapter 20 456, or any rules adopted pursuant thereto. 21 (h) The board may enter an order denying licensure or 22 imposing any of the penalties in s. 456.072(2) against any 23 applicant for licensure or licensee who is found guilty of 24 violating any provision of subsection (1) of this section or 25 who is found guilty of violating any provision of s. 26 456.072(1). 27 Section 25. For the purpose of incorporating the 28 amendment to section 456.072, Florida Statutes, in references 29 thereto, subsections (1) and (2) of section 484.014, Florida 30 Statutes, are reenacted to read: 31 484.014 Disciplinary actions.-- 92 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (1) The following acts constitute grounds for denial 2 of a license or disciplinary action, as specified in s. 3 456.072(2): 4 (a) Procuring or attempting to procure a license by 5 misrepresentation, bribery, or fraud or through an error of 6 the department or the board. 7 (b) Procuring or attempting to procure a license for 8 any other person by making or causing to be made any false 9 representation. 10 (c) Making or filing a report or record which the 11 licensee knows to be false, intentionally or negligently 12 failing to file a report or record required by federal or 13 state law, willfully impeding or obstructing such filing, or 14 inducing another person to do so. Such reports or records 15 shall include only those which the person is required to make 16 or file as an optician. 17 (d) Failing to make fee or price information readily 18 available by providing such information upon request or upon 19 the presentation of a prescription. 20 (e) Advertising goods or services in a manner which is 21 fraudulent, false, deceptive, or misleading in form or 22 content. 23 (f) Fraud or deceit, or negligence, incompetency, or 24 misconduct, in the authorized practice of opticianry. 25 (g) Practicing with a revoked, suspended, inactive, or 26 delinquent license. 27 (h) Violation of a lawful order of the board or 28 department previously entered in a disciplinary hearing or 29 failing to comply with a lawfully issued subpoena of the 30 department. 31 (i) Violation of any provision of s. 484.012. 93 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (j) Conspiring with another licensee or with any 2 person to commit an act, or committing an act, which would 3 coerce, intimidate, or preclude another licensee from lawfully 4 advertising her or his services. 5 (k) Willfully submitting to any third-party payor a 6 claim for services which were not provided to a patient. 7 (l) Failing to keep written prescription files. 8 (m) Willfully failing to report any person who the 9 licensee knows is in violation of this part or of rules of the 10 department or the board. 11 (n) Exercising influence on a client in such a manner 12 as to exploit the client for financial gain of the licensee or 13 of a third party. 14 (o) Gross or repeated malpractice. 15 (p) Permitting any person not licensed as an optician 16 in this state to fit or dispense any lenses, spectacles, 17 eyeglasses, or other optical devices which are part of the 18 practice of opticianry. 19 (q) Being convicted or found guilty of, or entering a 20 plea of nolo contendere to, regardless of adjudication, in a 21 court of this state or other jurisdiction, a crime which 22 relates to the ability to practice opticianry or to the 23 practice of opticianry. 24 (r) Having been disciplined by a regulatory agency in 25 another state for any offense that would constitute a 26 violation of Florida law or rules regulating opticianry. 27 (s) Being unable to practice opticianry with 28 reasonable skill and safety by reason of illness or use of 29 drugs, narcotics, chemicals, or any other type of material or 30 as a result of any mental or physical condition. An optician 31 affected under this paragraph shall at reasonable intervals be 94 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 afforded an opportunity to demonstrate that she or he can 2 resume the competent practice of opticianry with reasonable 3 skill and safety to her or his customers. 4 (t) Violating any provision of this chapter or chapter 5 456, or any rules adopted pursuant thereto. 6 (2) The board may enter an order denying licensure or 7 imposing any of the penalties in s. 456.072(2) against any 8 applicant for licensure or licensee who is found guilty of 9 violating any provision of subsection (1) of this section or 10 who is found guilty of violating any provision of s. 11 456.072(1). 12 Section 26. For the purpose of incorporating the 13 amendment to section 456.072, Florida Statutes, in references 14 thereto, subsection (1) and paragraph (a) of subsection (2) of 15 section 484.056, Florida Statutes, are reenacted to read: 16 484.056 Disciplinary proceedings.-- 17 (1) The following acts constitute grounds for denial 18 of a license or disciplinary action, as specified in s. 19 456.072(2): 20 (a) Violation of any provision of s. 456.072(1), s. 21 484.0512, or s. 484.053. 22 (b) Attempting to procure a license to dispense 23 hearing aids by bribery, by fraudulent misrepresentations, or 24 through an error of the department or the board. 25 (c) Having a license to dispense hearing aids revoked, 26 suspended, or otherwise acted against, including the denial of 27 licensure, by the licensing authority of another state, 28 territory, or country. 29 (d) Being convicted or found guilty of, or entering a 30 plea of nolo contendere to, regardless of adjudication, a 31 crime in any jurisdiction which directly relates to the 95 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 practice of dispensing hearing aids or the ability to practice 2 dispensing hearing aids, including violations of any federal 3 laws or regulations regarding hearing aids. 4 (e) Making or filing a report or record which the 5 licensee knows to be false, intentionally or negligently 6 failing to file a report or record required by state or 7 federal law, willfully impeding or obstructing such filing, or 8 inducing another person to impede or obstruct such filing. 9 Such reports or records shall include only those reports or 10 records which are signed in one's capacity as a licensed 11 hearing aid specialist. 12 (f) Advertising goods or services in a manner which is 13 fraudulent, false, deceptive, or misleading in form or 14 content. 15 (g) Proof that the licensee is guilty of fraud or 16 deceit or of negligence, incompetency, or misconduct in the 17 practice of dispensing hearing aids. 18 (h) Violation of a lawful order of the board or 19 department previously entered in a disciplinary hearing or 20 failure to comply with a lawfully issued subpoena of the board 21 or department. 22 (i) Practicing with a revoked, suspended, inactive, or 23 delinquent license. 24 (j) Using, or causing or promoting the use of, any 25 advertising matter, promotional literature, testimonial, 26 guarantee, warranty, label, brand, insignia, or other 27 representation, however disseminated or published, which is 28 misleading, deceiving, or untruthful. 29 (k) Showing or demonstrating, or, in the event of 30 sale, delivery of, a product unusable or impractical for the 31 purpose represented or implied by such action. 96 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (l) Misrepresentation of professional services 2 available in the fitting, sale, adjustment, service, or repair 3 of a hearing aid, or use of the terms "doctor," "clinic," 4 "clinical," "medical audiologist," "clinical audiologist," 5 "research audiologist," or "audiologic" or any other term or 6 title which might connote the availability of professional 7 services when such use is not accurate. 8 (m) Representation, advertisement, or implication that 9 a hearing aid or its repair is guaranteed without providing 10 full disclosure of the identity of the guarantor; the nature, 11 extent, and duration of the guarantee; and the existence of 12 conditions or limitations imposed upon the guarantee. 13 (n) Representing, directly or by implication, that a 14 hearing aid utilizing bone conduction has certain specified 15 features, such as the absence of anything in the ear or 16 leading to the ear, or the like, without disclosing clearly 17 and conspicuously that the instrument operates on the bone 18 conduction principle and that in many cases of hearing loss 19 this type of instrument may not be suitable. 20 (o) Making any predictions or prognostications as to 21 the future course of a hearing impairment, either in general 22 terms or with reference to an individual person. 23 (p) Stating or implying that the use of any hearing 24 aid will improve or preserve hearing or prevent or retard the 25 progression of a hearing impairment or that it will have any 26 similar or opposite effect. 27 (q) Making any statement regarding the cure of the 28 cause of a hearing impairment by the use of a hearing aid. 29 (r) Representing or implying that a hearing aid is or 30 will be "custom-made," "made to order," or "prescription-made" 31 or in any other sense specially fabricated for an individual 97 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 person when such is not the case. 2 (s) Canvassing from house to house or by telephone 3 either in person or by an agent for the purpose of selling a 4 hearing aid, except that contacting persons who have evidenced 5 an interest in hearing aids, or have been referred as in need 6 of hearing aids, shall not be considered canvassing. 7 (t) Failure to submit to the board on an annual basis, 8 or such other basis as may be provided by rule, certification 9 of testing and calibration of audiometric testing equipment on 10 the form approved by the board. 11 (u) Failing to provide all information as described in 12 s. 484.051(1). 13 (v) Exercising influence on a client in such a manner 14 as to exploit the client for financial gain of the licensee or 15 of a third party. 16 (w) Violating any provision of this chapter or chapter 17 456, or any rules adopted pursuant thereto. 18 (2)(a) The board may enter an order denying licensure 19 or imposing any of the penalties in s. 456.072(2) against any 20 applicant for licensure or licensee who is found guilty of 21 violating any provision of subsection (1) of this section or 22 who is found guilty of violating any provision of s. 23 456.072(1). 24 Section 27. For the purpose of incorporating the 25 amendment to section 456.072, Florida Statutes, in references 26 thereto, subsections (1) and (2) of section 486.125, Florida 27 Statutes, are reenacted to read: 28 486.125 Refusal, revocation, or suspension of license; 29 administrative fines and other disciplinary measures.-- 30 (1) The following acts constitute grounds for denial 31 of a license or disciplinary action, as specified in s. 98 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 456.072(2): 2 (a) Being unable to practice physical therapy with 3 reasonable skill and safety to patients by reason of illness 4 or use of alcohol, drugs, narcotics, chemicals, or any other 5 type of material or as a result of any mental or physical 6 condition. 7 1. In enforcing this paragraph, upon a finding of the 8 secretary or the secretary's designee that probable cause 9 exists to believe that the licensee is unable to practice 10 physical therapy due to the reasons stated in this paragraph, 11 the department shall have the authority to compel a physical 12 therapist or physical therapist assistant to submit to a 13 mental or physical examination by a physician designated by 14 the department. If the licensee refuses to comply with such 15 order, the department's order directing such examination may 16 be enforced by filing a petition for enforcement in the 17 circuit court where the licensee resides or serves as a 18 physical therapy practitioner. The licensee against whom the 19 petition is filed shall not be named or identified by initials 20 in any public court records or documents, and the proceedings 21 shall be closed to the public. The department shall be 22 entitled to the summary procedure provided in s. 51.011. 23 2. A physical therapist or physical therapist 24 assistant whose license is suspended or revoked pursuant to 25 this subsection shall, at reasonable intervals, be given an 26 opportunity to demonstrate that she or he can resume the 27 competent practice of physical therapy with reasonable skill 28 and safety to patients. 29 3. Neither the record of proceeding nor the orders 30 entered by the board in any proceeding under this subsection 31 may be used against a physical therapist or physical therapist 99 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 assistant in any other proceeding. 2 (b) Having committed fraud in the practice of physical 3 therapy or deceit in obtaining a license as a physical 4 therapist or as a physical therapist assistant. 5 (c) Being convicted or found guilty regardless of 6 adjudication, of a crime in any jurisdiction which directly 7 relates to the practice of physical therapy or to the ability 8 to practice physical therapy. The entry of any plea of nolo 9 contendere shall be considered a conviction for purpose of 10 this chapter. 11 (d) Having treated or undertaken to treat human 12 ailments by means other than by physical therapy, as defined 13 in this chapter. 14 (e) Failing to maintain acceptable standards of 15 physical therapy practice as set forth by the board in rules 16 adopted pursuant to this chapter. 17 (f) Engaging directly or indirectly in the dividing, 18 transferring, assigning, rebating, or refunding of fees 19 received for professional services, or having been found to 20 profit by means of a credit or other valuable consideration, 21 such as an unearned commission, discount, or gratuity, with 22 any person referring a patient or with any relative or 23 business associate of the referring person. Nothing in this 24 chapter shall be construed to prohibit the members of any 25 regularly and properly organized business entity which is 26 comprised of physical therapists and which is recognized under 27 the laws of this state from making any division of their total 28 fees among themselves as they determine necessary. 29 (g) Having a license revoked or suspended; having had 30 other disciplinary action taken against her or him; or having 31 had her or his application for a license refused, revoked, or 100 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 suspended by the licensing authority of another state, 2 territory, or country. 3 (h) Violating a lawful order of the board or 4 department previously entered in a disciplinary hearing. 5 (i) Making or filing a report or record which the 6 licensee knows to be false. Such reports or records shall 7 include only those which are signed in the capacity of a 8 physical therapist. 9 (j) Practicing or offering to practice beyond the 10 scope permitted by law or accepting and performing 11 professional responsibilities which the licensee knows or has 12 reason to know that she or he is not competent to perform, 13 including, but not limited to, specific spinal manipulation. 14 (k) Violating any provision of this chapter or chapter 15 456, or any rules adopted pursuant thereto. 16 (2) The board may enter an order denying licensure or 17 imposing any of the penalties in s. 456.072(2) against any 18 applicant for licensure or licensee who is found guilty of 19 violating any provision of subsection (1) of this section or 20 who is found guilty of violating any provision of s. 21 456.072(1). 22 Section 28. For the purpose of incorporating the 23 amendment to section 456.072, Florida Statutes, in references 24 thereto, section 490.009, Florida Statutes, is reenacted to 25 read: 26 490.009 Discipline.-- 27 (1) The following acts constitute grounds for denial 28 of a license or disciplinary action, as specified in s. 29 456.072(2): 30 (a) Attempting to obtain, obtaining, or renewing a 31 license under this chapter by bribery or fraudulent 101 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 misrepresentation or through an error of the board or 2 department. 3 (b) Having a license to practice a comparable 4 profession revoked, suspended, or otherwise acted against, 5 including the denial of certification or licensure by another 6 state, territory, or country. 7 (c) Being convicted or found guilty, regardless of 8 adjudication, of a crime in any jurisdiction which directly 9 relates to the practice of his or her profession or the 10 ability to practice his or her profession. A plea of nolo 11 contendere creates a rebuttable presumption of guilt of the 12 underlying criminal charges. However, the board shall allow 13 the person who is the subject of the disciplinary proceeding 14 to present any evidence relevant to the underlying charges and 15 circumstances surrounding the plea. 16 (d) False, deceptive, or misleading advertising or 17 obtaining a fee or other thing of value on the representation 18 that beneficial results from any treatment will be guaranteed. 19 (e) Advertising, practicing, or attempting to practice 20 under a name other than one's own. 21 (f) Maintaining a professional association with any 22 person who the applicant or licensee knows, or has reason to 23 believe, is in violation of this chapter or of a rule of the 24 department or, in the case of psychologists, of the department 25 or the board. 26 (g) Knowingly aiding, assisting, procuring, or 27 advising any nonlicensed person to hold himself or herself out 28 as licensed under this chapter. 29 (h) Failing to perform any statutory or legal 30 obligation placed upon a person licensed under this chapter. 31 (i) Willfully making or filing a false report or 102 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 record; failing to file a report or record required by state 2 or federal law; willfully impeding or obstructing the filing 3 of a report or record; or inducing another person to make or 4 file a false report or record or to impede or obstruct the 5 filing of a report or record. Such report or record includes 6 only a report or record which requires the signature of a 7 person licensed under this chapter. 8 (j) Paying a kickback, rebate, bonus, or other 9 remuneration for receiving a patient or client, or receiving a 10 kickback, rebate, bonus, or other remuneration for referring a 11 patient or client to another provider of mental health care 12 services or to a provider of health care services or goods; 13 referring a patient or client to oneself for services on a 14 fee-paid basis when those services are already being paid for 15 by some other public or private entity; or entering into a 16 reciprocal referral agreement. 17 (k) Committing any act upon a patient or client which 18 would constitute sexual battery or which would constitute 19 sexual misconduct as defined in s. 490.0111. 20 (l) Making misleading, deceptive, untrue, or 21 fraudulent representations in the practice of any profession 22 licensed under this chapter. 23 (m) Soliciting patients or clients personally, or 24 through an agent, through the use of fraud, intimidation, 25 undue influence, or a form of overreaching or vexatious 26 conduct. 27 (n) Failing to make available to a patient or client, 28 upon written request, copies of test results, reports, or 29 documents in the possession or under the control of the 30 licensee which have been prepared for and paid for by the 31 patient or client. 103 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (o) Failing to respond within 30 days to a written 2 communication from the department concerning any investigation 3 by the department or to make available any relevant records 4 with respect to any investigation about the licensee's conduct 5 or background. 6 (p) Being unable to practice the profession for which 7 he or she is licensed under this chapter with reasonable skill 8 or competence as a result of any mental or physical condition 9 or by reason of illness; drunkenness; or excessive use of 10 drugs, narcotics, chemicals, or any other substance. In 11 enforcing this paragraph, upon a finding by the secretary, the 12 secretary's designee, or the board that probable cause exists 13 to believe that the licensee is unable to practice the 14 profession because of the reasons stated in this paragraph, 15 the department shall have the authority to compel a licensee 16 to submit to a mental or physical examination by psychologists 17 or physicians designated by the department or board. If the 18 licensee refuses to comply with the department's order, the 19 department may file a petition for enforcement in the circuit 20 court of the circuit in which the licensee resides or does 21 business. The licensee shall not be named or identified by 22 initials in the petition or in any other public court records 23 or documents, and the enforcement proceedings shall be closed 24 to the public. The department shall be entitled to the 25 summary procedure provided in s. 51.011. A licensee affected 26 under this paragraph shall be afforded an opportunity at 27 reasonable intervals to demonstrate that he or she can resume 28 the competent practice for which he or she is licensed with 29 reasonable skill and safety to patients. 30 (q) Performing any treatment or prescribing any 31 therapy which, by the prevailing standards of the mental 104 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 health professions in the community, would constitute 2 experimentation on human subjects, without first obtaining 3 full, informed, and written consent. 4 (r) Failing to meet the minimum standards of 5 performance in professional activities when measured against 6 generally prevailing peer performance, including the 7 undertaking of activities for which the licensee is not 8 qualified by training or experience. 9 (s) Delegating professional responsibilities to a 10 person whom the licensee knows or has reason to know is not 11 qualified by training or experience to perform such 12 responsibilities. 13 (t) Violating a rule relating to the regulation of the 14 profession or a lawful order of the department previously 15 entered in a disciplinary hearing. 16 (u) Failing to maintain in confidence a communication 17 made by a patient or client in the context of such services, 18 except as provided in s. 490.0147. 19 (v) Making public statements which are derived from 20 test data, client contacts, or behavioral research and which 21 identify or damage research subjects or clients. 22 (w) Violating any provision of this chapter or chapter 23 456, or any rules adopted pursuant thereto. 24 (2) The department, or in the case of psychologists, 25 the board, may enter an order denying licensure or imposing 26 any of the penalties in s. 456.072(2) against any applicant 27 for licensure or licensee who is found guilty of violating any 28 provision of subsection (1) of this section or who is found 29 guilty of violating any provision of s. 456.072(1). 30 Section 29. For the purpose of incorporating the 31 amendment to section 456.072, Florida Statutes, in references 105 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 thereto, section 491.009, Florida Statutes, is reenacted to 2 read: 3 491.009 Discipline.-- 4 (1) The following acts constitute grounds for denial 5 of a license or disciplinary action, as specified in s. 6 456.072(2): 7 (a) Attempting to obtain, obtaining, or renewing a 8 license, registration, or certificate under this chapter by 9 bribery or fraudulent misrepresentation or through an error of 10 the board or the department. 11 (b) Having a license, registration, or certificate to 12 practice a comparable profession revoked, suspended, or 13 otherwise acted against, including the denial of certification 14 or licensure by another state, territory, or country. 15 (c) Being convicted or found guilty of, regardless of 16 adjudication, or having entered a plea of nolo contendere to, 17 a crime in any jurisdiction which directly relates to the 18 practice of his or her profession or the ability to practice 19 his or her profession. However, in the case of a plea of nolo 20 contendere, the board shall allow the person who is the 21 subject of the disciplinary proceeding to present evidence in 22 mitigation relevant to the underlying charges and 23 circumstances surrounding the plea. 24 (d) False, deceptive, or misleading advertising or 25 obtaining a fee or other thing of value on the representation 26 that beneficial results from any treatment will be guaranteed. 27 (e) Advertising, practicing, or attempting to practice 28 under a name other than one's own. 29 (f) Maintaining a professional association with any 30 person who the applicant, licensee, registered intern, or 31 certificateholder knows, or has reason to believe, is in 106 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 violation of this chapter or of a rule of the department or 2 the board. 3 (g) Knowingly aiding, assisting, procuring, or 4 advising any nonlicensed, nonregistered, or noncertified 5 person to hold himself or herself out as licensed, registered, 6 or certified under this chapter. 7 (h) Failing to perform any statutory or legal 8 obligation placed upon a person licensed, registered, or 9 certified under this chapter. 10 (i) Willfully making or filing a false report or 11 record; failing to file a report or record required by state 12 or federal law; willfully impeding or obstructing the filing 13 of a report or record; or inducing another person to make or 14 file a false report or record or to impede or obstruct the 15 filing of a report or record. Such report or record includes 16 only a report or record which requires the signature of a 17 person licensed, registered, or certified under this chapter. 18 (j) Paying a kickback, rebate, bonus, or other 19 remuneration for receiving a patient or client, or receiving a 20 kickback, rebate, bonus, or other remuneration for referring a 21 patient or client to another provider of mental health care 22 services or to a provider of health care services or goods; 23 referring a patient or client to oneself for services on a 24 fee-paid basis when those services are already being paid for 25 by some other public or private entity; or entering into a 26 reciprocal referral agreement. 27 (k) Committing any act upon a patient or client which 28 would constitute sexual battery or which would constitute 29 sexual misconduct as defined pursuant to s. 491.0111. 30 (l) Making misleading, deceptive, untrue, or 31 fraudulent representations in the practice of any profession 107 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 licensed, registered, or certified under this chapter. 2 (m) Soliciting patients or clients personally, or 3 through an agent, through the use of fraud, intimidation, 4 undue influence, or a form of overreaching or vexatious 5 conduct. 6 (n) Failing to make available to a patient or client, 7 upon written request, copies of tests, reports, or documents 8 in the possession or under the control of the licensee, 9 registered intern, or certificateholder which have been 10 prepared for and paid for by the patient or client. 11 (o) Failing to respond within 30 days to a written 12 communication from the department or the board concerning any 13 investigation by the department or the board, or failing to 14 make available any relevant records with respect to any 15 investigation about the licensee's, registered intern's, or 16 certificateholder's conduct or background. 17 (p) Being unable to practice the profession for which 18 he or she is licensed, registered, or certified under this 19 chapter with reasonable skill or competence as a result of any 20 mental or physical condition or by reason of illness; 21 drunkenness; or excessive use of drugs, narcotics, chemicals, 22 or any other substance. In enforcing this paragraph, upon a 23 finding by the secretary, the secretary's designee, or the 24 board that probable cause exists to believe that the licensee, 25 registered intern, or certificateholder is unable to practice 26 the profession because of the reasons stated in this 27 paragraph, the department shall have the authority to compel a 28 licensee, registered intern, or certificateholder to submit to 29 a mental or physical examination by psychologists, physicians, 30 or other licensees under this chapter, designated by the 31 department or board. If the licensee, registered intern, or 108 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 certificateholder refuses to comply with such order, the 2 department's order directing the examination may be enforced 3 by filing a petition for enforcement in the circuit court in 4 the circuit in which the licensee, registered intern, or 5 certificateholder resides or does business. The licensee, 6 registered intern, or certificateholder against whom the 7 petition is filed shall not be named or identified by initials 8 in any public court records or documents, and the proceedings 9 shall be closed to the public. The department shall be 10 entitled to the summary procedure provided in s. 51.011. A 11 licensee, registered intern, or certificateholder affected 12 under this paragraph shall at reasonable intervals be afforded 13 an opportunity to demonstrate that he or she can resume the 14 competent practice for which he or she is licensed, 15 registered, or certified with reasonable skill and safety to 16 patients. 17 (q) Performing any treatment or prescribing any 18 therapy which, by the prevailing standards of the mental 19 health professions in the community, would constitute 20 experimentation on human subjects, without first obtaining 21 full, informed, and written consent. 22 (r) Failing to meet the minimum standards of 23 performance in professional activities when measured against 24 generally prevailing peer performance, including the 25 undertaking of activities for which the licensee, registered 26 intern, or certificateholder is not qualified by training or 27 experience. 28 (s) Delegating professional responsibilities to a 29 person whom the licensee, registered intern, or 30 certificateholder knows or has reason to know is not qualified 31 by training or experience to perform such responsibilities. 109 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 (t) Violating a rule relating to the regulation of the 2 profession or a lawful order of the department or the board 3 previously entered in a disciplinary hearing. 4 (u) Failure of the licensee, registered intern, or 5 certificateholder to maintain in confidence a communication 6 made by a patient or client in the context of such services, 7 except as provided in s. 491.0147. 8 (v) Making public statements which are derived from 9 test data, client contacts, or behavioral research and which 10 identify or damage research subjects or clients. 11 (w) Violating any provision of this chapter or chapter 12 456, or any rules adopted pursuant thereto. 13 (2) The department, or, in the case of psychologists, 14 the board, may enter an order denying licensure or imposing 15 any of the penalties in s. 456.072(2) against any applicant 16 for licensure or licensee who is found guilty of violating any 17 provision of subsection (1) of this section or who is found 18 guilty of violating any provision of s. 456.072(1). 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 2, line 7, after the semicolon 26 27 insert: 28 amending s. 456.072, F.S.; revising 29 disciplinary penalties applicable to health 30 care practitioners; reenacting ss. 456.082(2), 31 457.109(1) and (2), 458.331(1) and (2), 110 4:12 PM 05/01/02 s0028E.ju16.0d
SENATE AMENDMENT Bill No. CS for SB 28-E Amendment No. ___ Barcode 625390 1 458.347(7)(g), 459.015(1) and (2), 2 459.022(7)(f), 460.413(1) and (2), 461.013(1) 3 and (2), 462.14(1) and (2), 463.016(1) and (2), 4 464.018(1) and (2), 465.016(1) and (2), 5 466.028(1) and (2), 467.203(1) and (2), 6 468.1295(1) and (2), 468.1755(1) and (2), 7 468.217(1) and (2), 468.365(1) and (2), 8 468.518(1) and (2), 468.719, 468.811, 478.52(1) 9 and (2), 480.046(1) and (2), 483.825(1) and 10 (2), 483.901(6)(g) and (h), 484.014(1) and (2), 11 484.056(1) and (2)(a), 486.125(1) and (2), 12 490.009, and 491.009, F.S., relating to grounds 13 for disciplinary action applicable to persons 14 involved in health care practice, including 15 acupuncture, medical practice, osteopathic 16 medicine, chiropractic medicine, podiatric 17 medicine, naturopathy, optometry, nursing, 18 pharmacy, dentistry, midwifery, speech-language 19 pathology and audiology, nursing home 20 administration, occupational therapy, 21 respiratory therapy, dietetics and nutrition 22 practice, athletic trainers, orthotics, 23 prosthetics, and pedorthics, electrolysis, 24 massage practice, clinical laboratory 25 personnel, medical physicists, dispensing of 26 optical devices and hearing aids, physical 27 therapy practice, psychological services, and 28 clinical, counseling, and psychotherapy 29 services, to incorporate the amendment to s. 30 456.072, F.S., in references thereto; 31 111 4:12 PM 05/01/02 s0028E.ju16.0d