Florida Senate - 2020 CS for SB 66
By the Committee on Health Policy; and Senator Cruz
588-01167-20 202066c1
1 A bill to be entitled
2 An act relating to student loans and scholarship
3 obligations of health care practitioners; amending s.
4 456.072, F.S.; establishing that a health care
5 practitioner’s failure to repay a student loan or to
6 comply with service scholarship obligations does not
7 constitute grounds for disciplinary action; removing a
8 civil fine; amending s. 456.0721, F.S.; removing the
9 requirement that the Department of Health investigate
10 and prosecute health care practitioners for failing to
11 repay a student loan or to comply with scholarship
12 service obligations; removing the requirement that the
13 department include specified information related to
14 such investigations and prosecutions in an annual
15 report; amending s. 456.074, F.S.; removing the
16 requirement, and related provisions, that the
17 department immediately suspend the licenses of certain
18 health care practitioners for failing to provide
19 within a specified timeframe proof of new payment
20 terms for student loans in default; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (k) of subsection (1) of section
26 456.072, Florida Statutes, is amended to read:
27 456.072 Grounds for discipline; penalties; enforcement.—
28 (1) The following acts shall constitute grounds for which
29 the disciplinary actions specified in subsection (2) may be
30 taken:
31 (k) Failing to perform any statutory or legal obligation
32 placed upon a licensee. For purposes of this section, failing to
33 repay a student loan issued or guaranteed by the state or the
34 Federal Government in accordance with the terms of the loan or
35 failing to comply with service scholarship obligations is not
36 shall be considered a failure to perform a statutory or legal
37 obligation, and the minimum disciplinary action imposed shall be
38 a suspension of the license until new payment terms are agreed
39 upon or the scholarship obligation is resumed, followed by
40 probation for the duration of the student loan or remaining
41 scholarship obligation period, and a fine equal to 10 percent of
42 the defaulted loan amount. Fines collected shall be deposited
43 into the Medical Quality Assurance Trust Fund.
44 Section 2. Section 456.0721, Florida Statutes, is amended
45 to read:
46 456.0721 Practitioners in default on student loan or
47 scholarship obligations; investigation; report.—The Department
48 of Health shall obtain from the United States Department of
49 Health and Human Services information necessary to investigate
50 and prosecute health care practitioners for failing to repay a
51 student loan or comply with scholarship service obligations
52 pursuant to s. 456.072(1)(k). The department shall obtain from
53 the United States Department of Health and Human Services a list
54 of default health care practitioners each month, along with the
55 information necessary to investigate a complaint in accordance
56 with s. 456.073. The department may obtain evidence to support
57 the investigation and prosecution from any financial institution
58 or educational institution involved in providing the loan or
59 education to the practitioner. The department shall report to
60 the Legislature as part of the annual report required by s.
61 456.026, the number of practitioners in default, along with the
62 results of the department’s investigations and prosecutions, and
63 the amount of fines collected from practitioners prosecuted for
64 violating s. 456.072(1)(k).
65 Section 3. Subsection (4) of section 456.074, Florida
66 Statutes, is amended to read:
67 456.074 Certain health care practitioners; immediate
68 suspension of license.—
69 (4) Upon receipt of information that a Florida-licensed
70 health care practitioner has defaulted on a student loan issued
71 or guaranteed by the state or the Federal Government, the
72 department shall notify the licensee by certified mail that he
73 or she shall be subject to immediate suspension of license
74 unless, within 45 days after the date of mailing, the licensee
75 provides proof that new payment terms have been agreed upon by
76 all parties to the loan. The department shall issue an emergency
77 order suspending the license of any licensee who, after 45 days
78 following the date of mailing from the department, has failed to
79 provide such proof. Production of such proof shall not prohibit
80 the department from proceeding with disciplinary action against
81 the licensee pursuant to s. 456.073.
82 Section 4. This act shall take effect July 1, 2020.