Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 500
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2020           .                                

       The Committee on Rules (Harrell) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (t) of subsection (1) and
    6  subsection (2) of section 456.072, Florida Statutes, are amended
    7  to read:
    8         456.072 Grounds for discipline; penalties; enforcement.—
    9         (1) The following acts shall constitute grounds for which
   10  the disciplinary actions specified in subsection (2) may be
   11  taken:
   12         (a) Making misleading, deceptive, or fraudulent
   13  representations in or related to the practice of the licensee’s
   14  profession or specialty designation. Use of the term
   15  “anesthesiologist” or “dermatologist” is prohibited unless the
   16  practitioner is licensed as such under chapter 458 or chapter
   17  459.
   18         (t) Failing to identify through written notice, which may
   19  include the wearing of a name tag, or orally to a patient the
   20  type of license or specialty designation under which the
   21  practitioner is practicing. Any advertisement for health care
   22  services naming the practitioner must identify the type of
   23  license the practitioner holds. This paragraph does not apply to
   24  a practitioner while the practitioner is providing services in a
   25  facility licensed under chapter 394, chapter 395, chapter 400,
   26  or chapter 429. The department shall enforce this paragraph Each
   27  board, or the department where there is no board, is authorized
   28  by rule to determine how its practitioners may comply with this
   29  disclosure requirement.
   30         (2)(a) When the board, or the department when there is no
   31  board, finds any person guilty of the grounds set forth in
   32  subsection (1) or of any grounds set forth in the applicable
   33  practice act, including conduct constituting a substantial
   34  violation of subsection (1) or a violation of the applicable
   35  practice act which occurred prior to obtaining a license, it may
   36  enter an order imposing one or more of the following penalties:
   37         1.(a) Refusal to certify, or to certify with restrictions,
   38  an application for a license.
   39         2.(b) Suspension or permanent revocation of a license.
   40         3.(c) Restriction of practice or license, including, but
   41  not limited to, restricting the licensee from practicing in
   42  certain settings, restricting the licensee to work only under
   43  designated conditions or in certain settings, restricting the
   44  licensee from performing or providing designated clinical and
   45  administrative services, restricting the licensee from
   46  practicing more than a designated number of hours, or any other
   47  restriction found to be necessary for the protection of the
   48  public health, safety, and welfare.
   49         4.(d) Imposition of an administrative fine not to exceed
   50  $10,000 for each count or separate offense. If the violation is
   51  for fraud or making a false or fraudulent representation, the
   52  board, or the department if there is no board, must impose a
   53  fine of $10,000 per count or offense.
   54         5.(e) Issuance of a reprimand or letter of concern.
   55         6.(f) Placement of the licensee on probation for a period
   56  of time and subject to such conditions as the board, or the
   57  department when there is no board, may specify. Those conditions
   58  may include, but are not limited to, requiring the licensee to
   59  undergo treatment, attend continuing education courses, submit
   60  to be reexamined, work under the supervision of another
   61  licensee, or satisfy any terms which are reasonably tailored to
   62  the violations found.
   63         7.(g) Corrective action.
   64         8.(h) Imposition of an administrative fine in accordance
   65  with s. 381.0261 for violations regarding patient rights.
   66         9.(i) Refund of fees billed and collected from the patient
   67  or a third party on behalf of the patient.
   68         10.(j) Requirement that the practitioner undergo remedial
   69  education.
   71  In determining what action is appropriate, the board, or
   72  department when there is no board, must first consider what
   73  sanctions are necessary to protect the public or to compensate
   74  the patient. Only after those sanctions have been imposed may
   75  the disciplining authority consider and include in the order
   76  requirements designed to rehabilitate the practitioner. All
   77  costs associated with compliance with orders issued under this
   78  subsection are the obligation of the practitioner.
   79         (b)1. If the department finds that any licensed health care
   80  practitioner has violated paragraph (1)(a), the department must
   81  issue an emergency order to the practitioner to cease and desist
   82  the use of such name, title, words, letter, abbreviations, or
   83  insignia. The department shall send the emergency cease and
   84  desist order to the practitioner by certified mail and e-mail to
   85  the practitioner’s physical address and e-mail address of record
   86  with the department and to any other mailing address or e-mail
   87  address through which the department believes the person may be
   88  reached.
   89         2. If the practitioner does not cease and desist his or her
   90  actions in violation of paragraph (1)(a) immediately upon
   91  receipt of the emergency cease and desist order, the department
   92  must enter an order imposing any of the following penalties, or
   93  a combination thereof, until the practitioner complies with the
   94  cease and desist order:
   95         a. A citation and a daily fine.
   96         b. A reprimand or a letter of concern.
   97         c. Suspension of license.
   98         Section 2. This act shall take effect upon becoming a law.
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete everything before the enacting clause
  103  and insert:
  104                        A bill to be entitled                      
  105         An act relating to prohibited acts by health care
  106         practitioners; amending s. 456.072, F.S.; prohibiting
  107         specified acts by health care practitioners regarding
  108         specialty designations; authorizing the Department of
  109         Health to enforce compliance with the act; authorizing
  110         the department to take specified disciplinary action
  111         against health care practitioners in violation of the
  112         act; specifying applicable penalties; providing an
  113         effective date.