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