Florida Senate - 2015                                     SB 502
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00121-15                                            2015502__
    1                        A bill to be entitled                      
    2         An act relating to health providers; amending s.
    3         395.0197, F.S.; requiring that the report to the
    4         Department of Health for allegations of sexual
    5         misconduct by a licensed health care facility be made
    6         within a specified time period; increasing penalties
    7         for violations; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (d) of subsection (9) and subsection
   12  (12) of section 395.0197, Florida Statutes, are amended to read:
   13         395.0197 Internal risk management program.—
   14         (9) The internal risk manager of each licensed facility
   15  shall:
   16         (d) Report to the Department of Health every allegation of
   17  sexual misconduct, as defined in chapter 456 and the respective
   18  practice act, by a licensed health care practitioner which that
   19  involves a patient. Such report shall be made within 30 days
   20  after each separate allegation of sexual misconduct.
   21         (12) In addition to any penalty imposed pursuant to this
   22  section or part II of chapter 408, the agency shall require a
   23  written plan of correction from the facility. For a single
   24  incident or series of isolated incidents that are nonwillful
   25  violations of the reporting requirements of this section or part
   26  II of chapter 408, the agency shall first seek to obtain
   27  corrective action by the facility. If the correction is not
   28  demonstrated within the timeframe established by the agency or
   29  if there is a pattern of nonwillful violations of this section
   30  or part II of chapter 408, the agency may impose an
   31  administrative fine, not to exceed $10,000 $5,000 for any
   32  violation of the reporting requirements of this section or part
   33  II of chapter 408. The administrative fine for repeated
   34  nonwillful violations may not exceed $15,000 $10,000 for any
   35  violation. The administrative fine for each intentional and
   36  willful violation may not exceed $30,000 $25,000 per violation,
   37  per day. The fine for an intentional and willful violation of
   38  this section or part II of chapter 408 may not exceed $250,000.
   39  In determining the amount of fine to be levied, the agency shall
   40  be guided by s. 395.1065(2)(b).
   41         Section 2. This act shall take effect October 1, 2015.