HB 1553 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to complaints against health care
13	practitioners; amending s. 456.073, F.S.; providing that a
14	state prisoner must exhaust all available administrative
15	remedies before filing a complaint with the Department of
16	Health against a health care practitioner who is providing
17	health care services within the Department of Corrections;
18	providing that the Department of Health may determine
19	legal sufficiency and discipline after determination that
20	a complaint indicates that a practitioner may present a
21	serious threat to the health and safety of a non-prisoner;
22	providing 15 days' notice to the Department of Health
23	whenever the Department of Corrections disciplines a
24	health care practitioner; providing an effective date.
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26	Be It Enacted by the Legislature of the State of Florida:
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28	Section 1. Subsection (1) of section 456.073, Florida
29	Statutes, is amended to read:
30	456.073 Disciplinary proceedings.--Disciplinary
31	proceedings for each board shall be within the jurisdiction of
32	the department.
33	(1) The department, for the boards under its jurisdiction,
34	shall cause to be investigated any complaint that is filed
35	before it if the complaint is in writing, signed by the
36	complainant, and legally sufficient. A complaint filed by a
37	state prisoner against a health care practitioner employed by or
38	otherwise providing health care services within a facility of
39	the Department of Corrections is not legally sufficient unless
40	there is a showing that the prisoner complainant has exhausted
41	all available administrative remedies within the state
42	correctional system before filing the complaint. However, if the
43	Department of Health determines after a preliminary inquiry of a
44	state prisoner’s complaint that the practitioner may present a
45	serious threat to the health and safety of any individual who is
46	not a state prisoner, the Department of Health may determine
47	legal sufficiency and proceed with discipline. The Department of
48	Health shall be notified within 15 days after the Department of
49	Corrections disciplines or allows a health care practitioner to
50	resign for an offense related to the practice of his or her
51	profession.A complaint is legally sufficient if it contains
52	ultimate facts that show that a violation of this chapter, of
53	any of the practice acts relating to the professions regulated
54	by the department, or of any rule adopted by the department or a
55	regulatory board in the department has occurred. In order to
56	determine legal sufficiency, the department may require
57	supporting information or documentation. The department may
58	investigate, and the department or the appropriate board may
59	take appropriate final action on, a complaint even though the
60	original complainant withdraws it or otherwise indicates a
61	desire not to cause the complaint to be investigated or
62	prosecuted to completion. The department may investigate an
63	anonymous complaint if the complaint is in writing and is
64	legally sufficient, if the alleged violation of law or rules is
65	substantial, and if the department has reason to believe, after
66	preliminary inquiry, that the violations alleged in the
67	complaint are true. The department may investigate a complaint
68	made by a confidential informant if the complaint is legally
69	sufficient, if the alleged violation of law or rule is
70	substantial, and if the department has reason to believe, after
71	preliminary inquiry, that the allegations of the complainant are
72	true. The department may initiate an investigation if it has
73	reasonable cause to believe that a licensee or a group of
74	licensees has violated a Florida statute, a rule of the
75	department, or a rule of a board. Except as provided in ss.
76	458.331(9), 459.015(9), 460.413(5), and 461.013(6), when an
77	investigation of any subject is undertaken, the department shall
78	promptly furnish to the subject or the subject's attorney a copy
79	of the complaint or document that resulted in the initiation of
80	the investigation. The subject may submit a written response to
81	the information contained in such complaint or document within
82	20 days after service to the subject of the complaint or
83	document. The subject's written response shall be considered by
84	the probable cause panel. The right to respond does not prohibit
85	the issuance of a summary emergency order if necessary to
86	protect the public. However, if the secretary, or the
87	secretary's designee, and the chair of the respective board or
88	the chair of its probable cause panel agree in writing that such
89	notification would be detrimental to the investigation, the
90	department may withhold notification. The department may conduct
91	an investigation without notification to any subject if the act
92	under investigation is a criminal offense.
93	Section 2. This act shall take effect upon becoming a law.