Florida Senate - 2021                             CS for SB 1934
       
       
        
       By the Committee on Rules; and Senators Book and Taddeo
       
       
       
       
       
       595-04298-21                                          20211934c1
    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         revising provisions relating to immediate suspension
    7         of licensure to apply to all health care
    8         practitioners; requiring the Department of Health to
    9         issue emergency orders to suspend health care
   10         practitioners’ licenses if they enter a criminal plea
   11         to, or are convicted or found guilty of, a felony
   12         relating to homicide or are arrested for committing or
   13         attempting, soliciting, or conspiring to commit acts
   14         that would constitute violations of specified criminal
   15         offenses; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (rr) is added to subsection (1) of
   20  section 456.072, Florida Statutes, to read:
   21         456.072 Grounds for discipline; penalties; enforcement.—
   22         (1) The following acts shall constitute grounds for which
   23  the disciplinary actions specified in subsection (2) may be
   24  taken:
   25         (rr) Being convicted or found guilty of, entering a plea of
   26  guilty or nolo contendere to, regardless of adjudication, or
   27  committing or attempting, soliciting, or conspiring to commit an
   28  act that would constitute a violation of any of the offenses
   29  listed in s. 456.074(5) or a similar offense in another
   30  jurisdiction.
   31         Section 2. Present subsection (5) of section 456.074,
   32  Florida Statutes, is redesignated as subsection (6), a new
   33  subsection (5) is added to that section, and subsection (1) of
   34  that section is amended, to read:
   35         456.074 Certain health care practitioners; immediate
   36  suspension of license.—
   37         (1) The department shall issue an emergency order
   38  suspending the license of any health care practitioner person
   39  licensed under chapter 458, chapter 459, chapter 460, chapter
   40  461, chapter 462, chapter 463, chapter 464, chapter 465, chapter
   41  466, or chapter 484 who pleads guilty to, is convicted or found
   42  guilty of, or who enters a plea of nolo contendere to,
   43  regardless of adjudication, any of the following to:
   44         (a) A felony under chapter 409, chapter 817, or chapter 893
   45  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395
   46  1396.;
   47         (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
   48  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
   49  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
   50  Medicaid program.; or
   51         (c) A felony under s. 784.086, relating to a reproductive
   52  battery.
   53         (d)A felony under chapter 782, relating to homicide.
   54         (5)The department shall issue an emergency order
   55  suspending the license of any health care practitioner who is
   56  arrested for committing or attempting, soliciting, or conspiring
   57  to commit any act that would constitute a violation of any of
   58  the following criminal offenses in this state or similar
   59  offenses in another jurisdiction:
   60         (a)Section 393.135(2), relating to sexual misconduct with
   61  an individual with a developmental disability.
   62         (b)Section 394.4593(2), relating to sexual misconduct with
   63  a patient who resides in a receiving or treatment facility or is
   64  otherwise in the custody of the Department of Children and
   65  Families.
   66         (c)Section 787.01, relating to kidnapping.
   67         (d)Section 787.02, relating to false imprisonment.
   68         (e)Section 787.025(2), relating to luring or enticing a
   69  child.
   70         (f)Section 787.06(3)(b), (d), (f), or (g), relating to
   71  human trafficking for commercial sexual activity.
   72         (g)Former s. 787.06(3)(h), relating to human trafficking
   73  of a child under the age of 15 for commercial sexual activity.
   74         (h)Section 787.07, relating to human smuggling.
   75         (i)Section 794.011, relating to sexual battery, excluding
   76  s. 794.011(10).
   77         (j)Section 794.05, relating to unlawful sexual activity
   78  with certain minors.
   79         (k)Section 794.08, relating to female genital mutilation.
   80         (l)Former s. 796.03, relating to procuring a person under
   81  the age of 18 for prostitution.
   82         (m)Former s. 796.035, relating to the selling or buying of
   83  minors into prostitution.
   84         (n)Section 796.04, relating to forcing, compelling, or
   85  coercing another to become a prostitute.
   86         (o)Section 796.05, relating to deriving support from the
   87  proceeds of prostitution.
   88         (p)Section 796.07(4)(a)3., relating to a felony of the
   89  third degree for a third or subsequent violation of s. 796.07,
   90  relating to prohibiting prostitution and related acts.
   91         (q)Section 800.04, relating to lewd or lascivious offenses
   92  committed upon or in the presence of persons younger than 16
   93  years of age.
   94         (r)Section 810.145(8), relating to video voyeurism of a
   95  minor.
   96         (s)Section 825.1025, relating to lewd or lascivious
   97  offenses committed upon or in the presence of an elderly person
   98  or disabled person.
   99         (t)Section 827.071, relating to sexual performance by a
  100  child.
  101         (u)Section 847.011, relating to prohibited acts in
  102  connection with obscene, lewd, and other materials.
  103         (v)Section 847.012, relating to materials harmful to
  104  minors.
  105         (w)Section 847.013, relating to exposing minors to harmful
  106  motion pictures, exhibitions, shows, presentations, or
  107  representations.
  108         (x)Section 847.0133, relating to the protection of minors
  109  from obscene materials.
  110         (y)Section 847.0135, relating to computer pornography,
  111  prohibited computer usage, or traveling to meet minors,
  112  excluding s. 847.0135(6).
  113         (z)Section 847.0137, relating to the transmission of child
  114  pornography by electronic device or equipment.
  115         (aa)Section 847.0138, relating to the transmission of
  116  material harmful to minors to a minor by electronic device or
  117  equipment.
  118         (bb)Section 847.0145, relating to the selling or buying of
  119  minors.
  120         (cc)Section 856.022, relating to loitering or prowling in
  121  close proximity to children.
  122         (dd)Section 895.03, relating to racketeering activity, if
  123  the court makes a written finding that the racketeering activity
  124  involved at least one sexual offense listed in this subsection
  125  or at least one offense listed in this subsection which was
  126  committed with sexual intent or motive.
  127         (ee)Section 916.1075(2), relating to sexual misconduct
  128  against a forensic client of a civil or forensic facility for
  129  defendants who have a mental illness or an intellectual
  130  disability.
  131         (ff)Section 985.701(1), relating to sexual misconduct
  132  against a juvenile offender.
  133         (gg)Any similar offense committed in this state which has
  134  been redesignated from a former statute number to one of those
  135  listed in this subsection.
  136         Section 3. This act shall take effect July 1, 2021.