Florida Senate - 2019 SB 1216 By Senator Bracy 11-00966-19 20191216__ 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 by licensed facilities; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (d) of subsection (9) and subsection 13 (12) of section 395.0197, Florida Statutes, are amended to read: 14 395.0197 Internal risk management program.— 15 (9) The internal risk manager of each licensed facility 16 shall: 17 (d) Report to the Department of Health every allegation of 18 sexual misconduct, as defined in chapter 456 and the respective 19 practice act, by a licensed health care practitioner which
that20 involves a patient. Such report must be made within 30 days 21 after each separate allegation of sexual misconduct. 22 (12) In addition to any penalty imposed pursuant to this 23 section or part II of chapter 408, the agency shall require a 24 written plan of correction from the facility. For a single 25 incident or series of isolated incidents that are nonwillful 26 violations of the reporting requirements of this section or part 27 II of chapter 408, the agency shall first seek to obtain 28 corrective action by the facility. If the correction is not 29 demonstrated within the timeframe established by the agency or 30 if there is a pattern of nonwillful violations of this section 31 or part II of chapter 408, the agency may impose an 32 administrative fine, not to exceed $10,000 $5,000for any 33 violation of the reporting requirements of this section or part 34 II of chapter 408. The administrative fine for repeated 35 nonwillful violations may not exceed $15,000 $10,000for any 36 violation. The administrative fine for each intentional and 37 willful violation may not exceed $30,000 $25,000per violation, 38 per day. The fine for an intentional and willful violation of 39 this section or part II of chapter 408 may not exceed $250,000. 40 In determining the amount of fine to be levied, the agency shall 41 be guided by s. 395.1065(2)(b). 42 Section 2. This act shall take effect July 1, 2019.