Senate Bill sb1928

    Florida Senate - 2003                                  SB 1928

    By Senator Geller





    31-1162-03

  1                      A bill to be entitled

  2         An act relating to complaints against health

  3         care practitioners; amending s. 456.073, F.S.;

  4         providing that a state prisoner must exhaust

  5         all available administrative remedies before

  6         filing a complaint with the Department of

  7         Health against a health care practitioner who

  8         is providing health care services within the

  9         Department of Corrections; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (1) of section 456.073, Florida

15  Statutes, is amended to read:

16         456.073  Disciplinary proceedings.--Disciplinary

17  proceedings for each board shall be within the jurisdiction of

18  the department.

19         (1)  The department, for the boards under its

20  jurisdiction, shall cause to be investigated any complaint

21  that is filed before it if the complaint is in writing, signed

22  by the complainant, and legally sufficient. A complaint filed

23  by a state prisoner against a health care practitioner

24  employed by or otherwise providing health care services within

25  a facility of the Department of Corrections is not legally

26  sufficient unless there is a showing that the prisoner

27  complainant has exhausted all available administrative

28  remedies within the state correctional system before filing

29  the complaint.  A complaint is legally sufficient if it

30  contains ultimate facts that show that a violation of this

31  chapter, of any of the practice acts relating to the

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    Florida Senate - 2003                                  SB 1928
    31-1162-03




 1  professions regulated by the department, or of any rule

 2  adopted by the department or a regulatory board in the

 3  department has occurred. In order to determine legal

 4  sufficiency, the department may require supporting information

 5  or documentation. The department may investigate, and the

 6  department or the appropriate board may take appropriate final

 7  action on, a complaint even though the original complainant

 8  withdraws it or otherwise indicates a desire not to cause the

 9  complaint to be investigated or prosecuted to completion. The

10  department may investigate an anonymous complaint if the

11  complaint is in writing and is legally sufficient, if the

12  alleged violation of law or rules is substantial, and if the

13  department has reason to believe, after preliminary inquiry,

14  that the violations alleged in the complaint are true. The

15  department may investigate a complaint made by a confidential

16  informant if the complaint is legally sufficient, if the

17  alleged violation of law or rule is substantial, and if the

18  department has reason to believe, after preliminary inquiry,

19  that the allegations of the complainant are true. The

20  department may initiate an investigation if it has reasonable

21  cause to believe that a licensee or a group of licensees has

22  violated a Florida statute, a rule of the department, or a

23  rule of a board. Except as provided in ss. 458.331(9),

24  459.015(9), 460.413(5), and 461.013(6), when an investigation

25  of any subject is undertaken, the department shall promptly

26  furnish to the subject or the subject's attorney a copy of the

27  complaint or document that resulted in the initiation of the

28  investigation. The subject may submit a written response to

29  the information contained in such complaint or document within

30  20 days after service to the subject of the complaint or

31  document. The subject's written response shall be considered

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    Florida Senate - 2003                                  SB 1928
    31-1162-03




 1  by the probable cause panel. The right to respond does not

 2  prohibit the issuance of a summary emergency order if

 3  necessary to protect the public. However, if the secretary, or

 4  the secretary's designee, and the chair of the respective

 5  board or the chair of its probable cause panel agree in

 6  writing that such notification would be detrimental to the

 7  investigation, the department may withhold notification. The

 8  department may conduct an investigation without notification

 9  to any subject if the act under investigation is a criminal

10  offense.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13  

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15                          SENATE SUMMARY

16    Provides that a state prisoner must exhaust all available
      administrative remedies before filing a complaint with
17    the Department of Health against a health care
      practitioner who is providing health care services within
18    the Department of Corrections.

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