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 that
   20  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 $5,000 for 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 $10,000 for any
   36  violation. The administrative fine for each intentional and
   37  willful violation may not exceed $30,000 $25,000 per 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.