Florida Senate - 2021                                    SB 1934
       By Senator Book
       32-01089C-21                                          20211934__
    1                        A bill to be entitled                      
    2         An act relating to health care practitioner
    3         discipline; amending s. 456.072, F.S.; subjecting
    4         health care practitioners to disciplinary action for
    5         specified offenses; amending s. 456.074, F.S.;
    6         requiring the Department of Health to issue emergency
    7         orders to suspend certain physicians’ licenses if they
    8         are arrested for committing or attempting, soliciting,
    9         or conspiring to commit acts that would constitute
   10         violations of specified criminal offenses involving a
   11         child; requiring the Office of Program Policy Analysis
   12         and Government Accountability (OPPAGA) to analyze
   13         certain laws and rules and their application;
   14         providing requirements for the analysis; requiring all
   15         state agencies, upon OPPAGA’s request, to assist
   16         OPPAGA and provide requested information and data;
   17         requiring OPPAGA to submit a report to the Governor
   18         and the Legislature by a specified date; providing for
   19         future repeal; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Paragraph (rr) is added to subsection (1) of
   24  section 456.072, Florida Statutes, to read:
   25         456.072 Grounds for discipline; penalties; enforcement.—
   26         (1) The following acts shall constitute grounds for which
   27  the disciplinary actions specified in subsection (2) may be
   28  taken:
   29         (rr) Being convicted or found guilty of, entering a plea of
   30  guilty or nolo contendere to, regardless of adjudication, or
   31  committing or attempting, soliciting, or conspiring to commit an
   32  act that would constitute a violation of any of the offenses
   33  listed in s. 456.074(5) or a similar offense in another
   34  jurisdiction.
   35         Section 2. Present subsection (5) of section 456.074,
   36  Florida Statutes, is redesignated as subsection (6), and a new
   37  subsection (5) is added to that section, to read:
   38         456.074 Certain health care practitioners; immediate
   39  suspension of license.—
   40         (5)The department shall issue an emergency order
   41  suspending the license of any physician licensed under chapter
   42  458 or chapter 459 who is a pediatrician or who otherwise treats
   43  children in his or her practice if the physician is arrested for
   44  committing or attempting, soliciting, or conspiring to commit
   45  any act that would constitute a violation of any of the
   46  following criminal offenses involving a child in this state or
   47  similar offenses in another jurisdiction:
   48         (a)Section 393.135(2), relating to sexual misconduct
   49  against an individual with a developmental disability.
   50         (b)Section 394.4593(2), relating to sexual misconduct
   51  against a patient of a receiving or treatment facility or
   52  otherwise in the custody of the Department of Children and
   53  Families.
   54         (c)Section 787.01, relating to kidnapping.
   55         (d) Section 787.02, relating to false imprisonment.
   56         (e) Section 787.025(2), relating to luring or enticing a
   57  child.
   58         (f) Section 787.06(3)(b),(d), (f), or (g), relating to
   59  human trafficking for commercial sexual activity.
   60         (g)Former s. 787.06(3)(h), relating to human trafficking
   61  of a child under the age of 15 for commercial sexual activity.
   62         (h)Section 787.07, relating to human smuggling.
   63         (i) Section 794.011, relating to sexual battery, excluding
   64  s. 794.011(10).
   65         (j)Section 794.05, relating to unlawful sexual activity
   66  with certain minors.
   67         (k) Section 794.08, relating to female genital mutilation.
   68         (l) Former s. 796.03, relating to procuring a person under
   69  the age of 18 for prostitution.
   70         (m) Former s. 796.035, relating to the selling or buying of
   71  minors into prostitution.
   72         (n) Section 796.04, relating to forcing, compelling, or
   73  coercing another to become a prostitute.
   74         (o) Section 796.05, relating to deriving support from the
   75  proceeds of prostitution.
   76         (p) Section 796.07(4)(a)3., relating to a felony of the
   77  third degree for a third or subsequent violation of s. 796.07,
   78  relating to prohibiting prostitution and related acts.
   79         (q) Section 800.04, relating to lewd or lascivious offenses
   80  committed upon or in the presence of persons younger than 16
   81  years of age.
   82         (r)Section 810.145(8), relating to video voyeurism of a
   83  minor.
   84         (s) Section 827.071, relating to sexual performance by a
   85  child.
   86         (t)Section 847.011, relating to prohibited acts in
   87  connection with obscene, lewd, and other materials.
   88         (u)Section 847.012, relating to materials harmful to
   89  minors.
   90         (v)Section 847.013, relating to exposing minors to harmful
   91  motion pictures, exhibitions, shows, presentations, or
   92  representations.
   93         (w)Section 847.0133, relating to the protection of minors
   94  from obscene materials.
   95         (x) Section 847.0135, relating to computer pornography,
   96  prohibited computer usage, or traveling to meet minors,
   97  excluding s. 847.0135(6).
   98         (y)Section 847.0137, relating to transmission of child
   99  pornography by electronic device or equipment.
  100         (z) Section 847.0138, relating to the transmission of
  101  material harmful to minors to a minor by electronic device or
  102  equipment.
  103         (aa) Section 847.0145, relating to the selling or buying of
  104  minors.
  105         (bb)Section 856.022, relating to loitering or prowling in
  106  close proximity to children.
  107         (cc)Section 895.03, relating to racketeering activity, if
  108  the court makes a written finding that the racketeering activity
  109  involved at least one sexual offense listed in this subsection
  110  or at least one offense listed in this subsection which was
  111  committed with sexual intent or motive.
  112         (dd)Section 916.1075(2), relating to sexual misconduct
  113  against a forensic client of a civil or forensic facility for
  114  defendants who have a mental illness or an intellectual
  115  disability.
  116         (ee)Section 985.701(1), relating to sexual misconduct
  117  against a juvenile offender.
  118         (ff)Any similar offense committed in this state which has
  119  been redesignated from a former statute number to one of those
  120  listed in this subsection.
  121         Section 3. Health care practitioner study.—
  122         (1)The Office of Program Policy Analysis and Government
  123  Accountability (OPPAGA) shall analyze this state’s laws and
  124  rules relating to grounds for disciplinary actions against and
  125  immediate suspension of health care practitioner licenses and
  126  the application of such laws and rules, specifically with
  127  respect to criminal offenses.
  128         (2)In its analysis, OPPAGA shall do all of the following,
  129  at a minimum:
  130         (a)Identify all of the health care professions regulated
  131  by the Department of Health and, for each health care
  132  profession, indicate all sections of the Florida Statutes and
  133  related rules that subject practitioners of that health care
  134  profession to discipline or immediate suspension of licensure.
  135         (b)For each health care profession, identify which
  136  criminal offenses are specifically enumerated as grounds for
  137  disciplinary action against or immediate suspension of the
  138  health care practitioner’s license. This information must
  139  distinguish whether the department may take such action upon a
  140  health care practitioner’s arrest for the criminal offense or
  141  conduct or only if the health care practitioner is found guilty
  142  or convicted of or enters a plea of nolo contendere to the
  143  criminal offense. OPPAGA shall also review the corresponding
  144  disciplinary guidelines adopted by rule of the applicable board,
  145  or the department if there is no board, for each health care
  146  profession.
  147         (c)Compare all of the information obtained under paragraph
  148  (b) and determine whether there are disparities between health
  149  care professions as to which criminal offenses are grounds for
  150  disciplinary action against or immediate suspension of licensure
  151  and whether there are disparities between the corresponding
  152  disciplinary guidelines adopted by the board or the department,
  153  as applicable, for the different health care professions.
  154         (d)Review historical disciplinary action data from the
  155  department which includes all of the disciplinary actions taken
  156  or immediate suspensions issued by the department for a health
  157  care practitioner’s arrest for, conviction of, or entering a
  158  plea to a criminal offense, identifying the types of offenses
  159  and details of the corresponding disciplinary action taken, if
  160  any.
  161         (e)To the extent possible, determine how many health care
  162  practitioners in the past 10 years have been arrested for, been
  163  convicted of, or have entered a plea to a criminal offense
  164  enumerated in s. 456.074(5), Florida Statutes, as amended by
  165  this act. OPPAGA may review such instances that occurred more
  166  than 10 years ago if such information is available.
  167         (f)For the health care practitioners identified in
  168  paragraph (e), determine how many have had administrative
  169  complaints filed or disciplinary action taken against their
  170  license or have had their license immediately suspended by the
  171  department for such arrest, conviction, or criminal plea, noting
  172  the final disposition of their case with the department, if any.
  173         (g)Compare all of the information obtained under this
  174  subsection and determine if this state’s current laws and rules
  175  relating to discipline and immediate suspension of health care
  176  practitioner licenses are creating discrepancies relating to
  177  health care practitioners who are arrested for, are convicted
  178  of, or enter pleas to criminal offenses that pose a danger to
  179  the health, safety, and welfare of the public but are not
  180  subjected to disciplinary action or immediate suspension of
  181  their licenses.
  182         (3)Upon OPPAGA’s request, all state agencies shall assist
  183  in conducting its analysis and preparing its report under this
  184  section, including, but not limited to, providing technical
  185  assistance and any relevant information or data OPPAGA requests.
  186         (4)OPPAGA shall submit a report of its findings to the
  187  Governor, the President of the Senate, and the Speaker of the
  188  House of Representatives by January 1, 2022.
  189         (5)This section is repealed January 2, 2022.
  190         Section 4. This act shall take effect July 1, 2021.