Florida Senate - 2020                       CS for CS for SB 500
       By the Committees on Rules; and Health Policy; and Senator
       595-04463-20                                           2020500c2
    1                        A bill to be entitled                      
    2         An act relating to prohibited acts by health care
    3         practitioners; amending s. 456.072, F.S.; prohibiting
    4         specified acts by health care practitioners relating
    5         to specialty designations; authorizing the Department
    6         of Health to enforce compliance with the act;
    7         authorizing the department to take specified
    8         disciplinary action against health care practitioners
    9         in violation of the act; specifying applicable
   10         administrative penalties; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraphs (a) and (t) of subsection (1) and
   15  subsection (2) of section 456.072, Florida Statutes, are amended
   16  to read:
   17         456.072 Grounds for discipline; penalties; enforcement.—
   18         (1) The following acts shall constitute grounds for which
   19  the disciplinary actions specified in subsection (2) may be
   20  taken:
   21         (a) Making misleading, deceptive, or fraudulent
   22  representations in or related to the practice of the licensee’s
   23  profession or specialty designation. Use of the term
   24  “anesthesiologist” is prohibited unless the practitioner is
   25  licensed as a physician under chapter 458 or chapter 459 or as a
   26  dentist under chapter 466, and use of the term “dermatologist”
   27  is prohibited unless the practitioner is licensed as a physician
   28  under chapter 458 or chapter 459.
   29         (t) Failing to identify through written notice, which may
   30  include the wearing of a name tag, or orally to a patient the
   31  type of license or specialty designation under which the
   32  practitioner is practicing. Any advertisement for health care
   33  services naming the practitioner must identify the type of
   34  license the practitioner holds. This paragraph does not apply to
   35  a practitioner while the practitioner is providing services in a
   36  facility licensed under chapter 394, chapter 395, chapter 400,
   37  or chapter 429. The department shall enforce this paragraph Each
   38  board, or the department where there is no board, is authorized
   39  by rule to determine how its practitioners may comply with this
   40  disclosure requirement.
   41         (2)(a) When the board, or the department when there is no
   42  board, finds any person guilty of the grounds set forth in
   43  subsection (1) or of any grounds set forth in the applicable
   44  practice act, including conduct constituting a substantial
   45  violation of subsection (1) or a violation of the applicable
   46  practice act which occurred prior to obtaining a license, it may
   47  enter an order imposing one or more of the following penalties:
   48         1.(a) Refusal to certify, or to certify with restrictions,
   49  an application for a license.
   50         2.(b) Suspension or permanent revocation of a license.
   51         3.(c) Restriction of practice or license, including, but
   52  not limited to, restricting the licensee from practicing in
   53  certain settings, restricting the licensee to work only under
   54  designated conditions or in certain settings, restricting the
   55  licensee from performing or providing designated clinical and
   56  administrative services, restricting the licensee from
   57  practicing more than a designated number of hours, or any other
   58  restriction found to be necessary for the protection of the
   59  public health, safety, and welfare.
   60         4.(d) Imposition of an administrative fine not to exceed
   61  $10,000 for each count or separate offense. If the violation is
   62  for fraud or making a false or fraudulent representation, the
   63  board, or the department if there is no board, must impose a
   64  fine of $10,000 per count or offense.
   65         5.(e) Issuance of a reprimand or letter of concern.
   66         6.(f) Placement of the licensee on probation for a period
   67  of time and subject to such conditions as the board, or the
   68  department when there is no board, may specify. Those conditions
   69  may include, but are not limited to, requiring the licensee to
   70  undergo treatment, attend continuing education courses, submit
   71  to be reexamined, work under the supervision of another
   72  licensee, or satisfy any terms which are reasonably tailored to
   73  the violations found.
   74         7.(g) Corrective action.
   75         8.(h) Imposition of an administrative fine in accordance
   76  with s. 381.0261 for violations regarding patient rights.
   77         9.(i) Refund of fees billed and collected from the patient
   78  or a third party on behalf of the patient.
   79         10.(j) Requirement that the practitioner undergo remedial
   80  education.
   82  In determining what action is appropriate, the board, or
   83  department when there is no board, must first consider what
   84  sanctions are necessary to protect the public or to compensate
   85  the patient. Only after those sanctions have been imposed may
   86  the disciplining authority consider and include in the order
   87  requirements designed to rehabilitate the practitioner. All
   88  costs associated with compliance with orders issued under this
   89  subsection are the obligation of the practitioner.
   90         (b)1. If the department finds that any licensed health care
   91  practitioner has violated paragraph (1)(a), the department must
   92  issue an emergency order to the practitioner to cease and desist
   93  the use of such name, title, words, letter, abbreviations, or
   94  insignia. The department shall send the emergency cease and
   95  desist order to the practitioner by certified mail and e-mail to
   96  the practitioner’s physical address and e-mail address of record
   97  on file with the department and to any other mailing address or
   98  e-mail address through which the department believes the person
   99  may be reached.
  100         2. If the practitioner does not cease and desist his or her
  101  actions in violation of paragraph (1)(a) immediately upon
  102  receipt of the emergency cease and desist order, the department
  103  must enter an order imposing any of the following penalties, or
  104  a combination thereof, until the practitioner complies with the
  105  cease and desist order:
  106         a. A citation and a daily fine.
  107         b. A reprimand or a letter of concern.
  108         c. Suspension of license.
  109         Section 2. This act shall take effect upon becoming a law.