Florida Senate - 2018 SB 74 By Senator Bracy 11-00121-18 201874__ 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 of allegations of sexual 5 misconduct by a licensed health care practitioner be 6 made within a specified timeframe; increasing 7 penalties 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
that19 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 $5,000for 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 $10,000for any 35 violation. The administrative fine for each intentional and 36 willful violation may not exceed $30,000 $25,000per 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 July 1, 2018.