Florida Senate - 2011                                    SB 1742
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00660A-11                                           20111742__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of professions;
    3         amending s. 20.165, F.S.; authorizing the Department
    4         of Business and Professional Regulation to require a
    5         person licensed by or applying for a license from the
    6         department to be governed by provisions providing
    7         programs for impaired practitioners under the
    8         jurisdiction of the Division of Medical Quality
    9         Assurance within the Department of Health; authorizing
   10         the Department of Business and Professional Regulation
   11         to exercise any of the powers granted to the
   12         Department of Health with respect to such programs;
   13         amending s. 456.001, F.S.; redefining the term “health
   14         care practitioner” as it relates to the regulation of
   15         health care professions to include those persons
   16         certified or licensed to provide medical
   17         transportation services or radiological services;
   18         amending s. 456.0635, F.S.; exempting a health care
   19         practitioner from disqualification for a license,
   20         certificate, or registration if the practitioner was
   21         suffering from an addiction or impairment at the time
   22         of the disqualifying conduct and subsequently
   23         completes an impaired practitioner program; amending
   24         s. 456.074, F.S.; requiring the State Surgeon General
   25         to issue an emergency order suspending or restricting
   26         a health care practitioner’s license under certain
   27         circumstances; amending s. 456.076, F.S.; exempting an
   28         entity retained by the Department of Health as an
   29         impaired practitioner consultant from certain
   30         licensing requirements if the entity employs or
   31         contracts with licensed professionals; revising the
   32         schools or programs that may contract for impaired
   33         practitioner consulting services; limiting the
   34         liability of certain medical schools and schools that
   35         prepare health care practitioners and veterinarians
   36         for licensure for referring a student to an impaired
   37         practitioner consultant; clarifying the types of legal
   38         proceedings related to services provided by impaired
   39         practitioner consultants which are defended by the
   40         Department of Financial Services; clarifying
   41         requirements for an impaired practitioner consultant
   42         to maintain as confidential certain information
   43         concerning an impaired practitioner; providing an
   44         effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (10) is added to section 20.165,
   49  Florida Statutes, to read:
   50         20.165 Department of Business and Professional Regulation.
   51  There is created a Department of Business and Professional
   52  Regulation.
   53         (10) The Department of Business and Professional Regulation
   54  may require a person licensed by or applying for a license from
   55  the department to be governed by the provisions of s. 456.076 as
   56  if the person was under the jurisdiction of the Division of
   57  Medical Quality Assurance. The Department of Business and
   58  Professional Regulation may exercise any of the powers granted
   59  to the Department of Health by s. 456.076, and the term “board”
   60  means the board from which the license was granted or is sought.
   61         Section 2. Subsection (4) of section 456.001, Florida
   62  Statutes, is amended to read:
   63         456.001 Definitions.—As used in this chapter, the term:
   64         (4) “Health care practitioner” means any person licensed
   65  under part III of chapter 401; chapter 457; chapter 458; chapter
   66  459; chapter 460; chapter 461; chapter 462; chapter 463; chapter
   67  464; chapter 465; chapter 466; chapter 467; part I, part II,
   68  part III, part IV, part V, part X, part XIII, or part XIV of
   69  chapter 468; chapter 478; chapter 480; part III or part IV of
   70  chapter 483; chapter 484; chapter 486; chapter 490; or chapter
   71  491.
   72         Section 3. Subsection (2) of section 456.0635, Florida
   73  Statutes, is amended to read:
   74         456.0635 Medicaid fraud; disqualification for license,
   75  certificate, or registration.—
   76         (2) Each board within the jurisdiction of the department,
   77  or the department if there is no board, shall refuse to admit a
   78  candidate to any examination and refuse to issue or renew a
   79  license, certificate, or registration to any applicant if the
   80  candidate or applicant or any principal, officer, agent,
   81  managing employee, or affiliated person of the applicant, has
   82  been:
   83         (a) Convicted of, or entered a plea of guilty or nolo
   84  contendere to, regardless of adjudication, a felony under
   85  chapter 409, chapter 817, chapter 893, 21 U.S.C. ss. 801-970, or
   86  42 U.S.C. ss. 1395-1396, unless the sentence and any subsequent
   87  period of probation for such conviction or pleas ended more than
   88  15 years before prior to the date of the application. The
   89  disqualification set forth in this paragraph does not apply to
   90  any person who is determined to have been suffering from an
   91  addiction or impairment at the time of the conduct for which the
   92  person was convicted, or who entered a plea of guilty or nolo
   93  contendere to, regardless of adjudication, a felony under
   94  chapter 893 and who subsequently enrolled in and continues to
   95  successfully participate in or has subsequently successfully
   96  completed an impaired practitioner program as set forth in s.
   97  456.076(1) or the equivalent of such program in another
   98  jurisdiction. This exception from disqualification does not
   99  prohibit or require action against the license, certificate, or
  100  registration of such person pursuant to the disciplinary
  101  provisions of this chapter or the appropriate practice act;
  102         (b) Terminated for cause from the Florida Medicaid program
  103  pursuant to s. 409.913, unless the applicant has been in good
  104  standing with the Florida Medicaid program for the most recent 5
  105  years; or
  106         (c) Terminated for cause, pursuant to the appeals
  107  procedures established by the state or Federal Government, from
  108  any other state Medicaid program or the federal Medicare
  109  program, unless the applicant has been in good standing with a
  110  state Medicaid program or the federal Medicare program for the
  111  most recent 5 years and the termination occurred at least 20
  112  years before prior to the date of the application.
  113         Section 4. Subsection (5) is added to section 456.074,
  114  Florida Statutes, to read:
  115         456.074 Certain health care practitioners; immediate
  116  suspension of license.—
  117         (5) If a treatment program for impaired practitioners which
  118  is retained by the department pursuant to s. 456.076 discloses
  119  to the department that:
  120         (a) A licensed health care practitioner as defined in s.
  121  456.001(4) is not progressing satisfactorily in that treatment
  122  program; and
  123         (b) The health care practitioner’s impairment affects his
  124  or her practice and constitutes an immediate, serious danger to
  125  the public health, safety, or welfare,
  126  
  127  the State Surgeon General shall review the matter within 10
  128  business days after receiving the disclosure, and, if warranted,
  129  shall issue an emergency order suspending or restricting the
  130  health care practitioner’s license.
  131         Section 5. Subsection (2), paragraph (d) of subsection (3),
  132  and paragraph (b) of subsection (7) of section 456.076, Florida
  133  Statutes, are amended, and subsection (8) is added to that
  134  section, to read:
  135         456.076 Treatment programs for impaired practitioners.—
  136         (2)(a) The department shall retain one or more impaired
  137  practitioner consultants who are each licensees. The consultant
  138  shall be a licensee under the jurisdiction of the Division of
  139  Medical Quality Assurance within the department and who must be:
  140         1. A practitioner or recovered practitioner licensed under
  141  chapter 458, chapter 459, or part I of chapter 464;, or
  142         2. An entity employing a medical director or employing a
  143  registered nurse as an executive director, who must be a
  144  practitioner or recovered practitioner licensed under chapter
  145  458, chapter 459, or part I of chapter 464.
  146         (b) An entity that is retained as a consultant under this
  147  section and employs a medical director or registered nurse as an
  148  executive director is not required to be licensed as a substance
  149  abuse provider or mental health treatment provider under chapter
  150  394, chapter 395, or chapter 397 in order to operate as a
  151  consultant under this section if the entity employs or contracts
  152  with licensed professionals to perform or appropriately
  153  supervise any specific treatment or evaluation that requires
  154  individual licensing or supervision.
  155         (c) The consultant shall assist the probable cause panel
  156  and department in carrying out the responsibilities of this
  157  section. This includes shall include working with department
  158  investigators to determine whether a practitioner is, in fact,
  159  impaired. The consultant may contract for services to be
  160  provided, for appropriate compensation, if requested by a the
  161  school or program, for students enrolled in a school schools for
  162  licensure as a health care practitioner under chapter 456 or a
  163  veterinarian under chapter 474 allopathic physicians or
  164  physician assistants under chapter 458, osteopathic physicians
  165  or physician assistants under chapter 459, nurses under chapter
  166  464, or pharmacists under chapter 465 who are alleged to be
  167  impaired as a result of the misuse or abuse of alcohol or drugs,
  168  or both, or due to a mental or physical condition.
  169         (d) The department is not responsible under any
  170  circumstances for paying the costs of care provided by approved
  171  treatment providers, and the department is not responsible for
  172  paying the costs of consultants’ services provided for such
  173  students.
  174         (e) A medical school accredited by the Liaison Committee on
  175  Medical Education of the Commission on Osteopathic College
  176  Accreditation, or another other school providing for the
  177  education of students enrolled in preparation for licensure as a
  178  health care practitioner under chapter 456 or a veterinarian
  179  under chapter 474 allopathic physicians under chapter 458 or
  180  osteopathic physicians under chapter 459, which school is
  181  governed by accreditation standards requiring notice and the
  182  provision of due process procedures to students, is not liable
  183  in any civil action for referring a student to the consultant
  184  retained by the department or for disciplinary actions that
  185  adversely affect the status of a student when the disciplinary
  186  actions are instituted in reasonable reliance on the
  187  recommendations, reports, or conclusions provided by such
  188  consultant, if the school, in referring the student or taking
  189  disciplinary action, adheres to the due process procedures
  190  adopted by the applicable accreditation entities and if the
  191  school committed no intentional fraud in carrying out the
  192  provisions of this section.
  193         (3)
  194         (d) Whenever the department receives a legally sufficient
  195  complaint alleging that a licensee or applicant is impaired as
  196  described in paragraph (a) and no complaint against the licensee
  197  or applicant other than impairment exists, the appropriate
  198  board, the board’s designee, or the department shall forward all
  199  information in its possession regarding the impaired licensee or
  200  applicant to the consultant. For the purposes of this section, a
  201  suspension from hospital staff privileges due to the impairment
  202  does not constitute a complaint.
  203         (7)
  204         (b) In accordance with s. 284.385, the Department of
  205  Financial Services shall defend any claim, suit, action, or
  206  proceeding, including a claim, suit, action, or proceeding for
  207  injunctive, affirmative, or declaratory relief, against the
  208  consultant, the consultant’s officers or employees, or those
  209  acting at the direction of the consultant for the limited
  210  purpose of an emergency intervention on behalf of a licensee or
  211  student as described in subsection (2) when the consultant is
  212  unable to perform such intervention which is brought as a result
  213  of any act or omission by any of the consultant’s officers and
  214  employees and those acting under the direction of the consultant
  215  for the limited purpose of an emergency intervention on behalf
  216  of a licensee or student as described in subsection (2) when the
  217  consultant is unable to perform such intervention when such act
  218  or omission arises out of and in the scope of the consultant’s
  219  duties under its contract with the department.
  220         (8) An impaired practitioner consultant is the official
  221  custodian of records concerning any impaired licensee monitored
  222  by that consultant. The consultant may not, except to the extent
  223  necessary for carrying out the consultant’s duties under this
  224  section, disclose to the impaired licensee or his or her
  225  designee any information that is disclosed to or obtained by the
  226  consultant and is confidential under paragraph (5)(a). If a
  227  disciplinary proceeding is pending, an impaired licensee may
  228  obtain such information from the department under s.
  229  456.073(10).
  230         Section 6. This act shall take effect July 1, 2011.