Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 876
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2017           .                                

       Appropriations Subcommittee on Health and Human Services (Young)
       recommended the following:
    1         Senate Amendment 
    3         Delete lines 266 - 313
    4  and insert:
    5         (9)(a)(4)(a)Except as provided in paragraph (b), when
    6  Whenever the department receives a written or oral legally
    7  sufficient complaint alleging that a practitioner has an
    8  impairment licensee under the jurisdiction of the Division of
    9  Medical Quality Assurance within the department is impaired as a
   10  result of the misuse or abuse of alcohol or drugs, or both, or
   11  due to a mental or physical condition which could affect the
   12  licensee’s ability to practice with skill and safety, and no
   13  complaint exists against the practitioner licensee other than
   14  impairment exists, the department shall refer the practitioner
   15  to the consultant, along with all information in the
   16  department’s possession relating to the impairment. The
   17  impairment does reporting of such information shall not
   18  constitute grounds for discipline pursuant to s. 456.072 or the
   19  corresponding grounds for discipline within the applicable
   20  practice act if the probable cause panel of the appropriate
   21  board, or the department when there is no board, finds:
   22         1. The practitioner licensee has acknowledged the
   23  impairment; problem.
   24         2. The practitioner becomes a participant licensee has
   25  voluntarily enrolled in an impaired practitioner program and
   26  successfully completes a participant contract under terms
   27  established by the consultant; appropriate, approved treatment
   28  program.
   29         3. The practitioner licensee has voluntarily withdrawn from
   30  practice or has limited the scope of his or her practice if as
   31  required by the consultant;, in each case, until such time as
   32  the panel, or the department when there is no board, is
   33  satisfied the licensee has successfully completed an approved
   34  treatment program.
   35         4. The practitioner licensee has provided to the
   36  consultant, or has authorized the consultant to obtain, all
   37  records and information relating to the impairment from any
   38  source and all other medical records of the practitioner
   39  requested by the consultant; and executed releases for medical
   40  records, authorizing the release of all records of evaluations,
   41  diagnoses, and treatment of the licensee, including records of
   42  treatment for emotional or mental conditions, to the consultant.
   43  The consultant shall make no copies or reports of records that
   44  do not regard the issue of the licensee’s impairment and his or
   45  her participation in a treatment program.
   46         5.The practitioner has authorized the consultant, in the
   47  event of the practitioner’s termination from the impaired
   48  practitioner program, to report the termination to the
   49  department and provide the department with copies of all
   50  information in the consultant’s possession relating to the
   51  practitioner.
   52         (b) For practitioners who are employed by governmental
   53  entities and who are also certified by the department pursuant
   54  to part III of chapter 401, the department may not refer the
   55  practitioner to the consultant if the practitioner is under a
   56  referral by the practitioner’s employer to an employee
   57  assistance program through the governmental entity. If the
   58  practitioner fails to satisfactorily complete the employee
   59  assistance program or if his or her employment is terminated,
   60  his or her employer must immediately notify the department,
   61  which shall then refer the practitioner to the consultant as
   62  required in in paragraph (a). For purposes of this paragraph,
   63  the term governmental entity” has the same meaning as provided
   64  in s. 70.001(3)(c).
   65         (c) To encourage practitioners who are or may be impaired