The Florida Senate

483.825  Grounds for disciplinary action.--The following acts constitute grounds for which disciplinary actions specified in s. 483.827 may be taken against applicants, registrants, and licensees under this part:

(1)  Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

(2)  Engaging in or attempting to engage in, or representing herself or himself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to her or his license.

(3)  Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting.

(4)  Performing a test and rendering a report thereon to a person not authorized by law to receive such services.

(5)  Having been convicted of a felony or of any crime involving moral turpitude under the laws of any state or of the United States. The record of conviction or a certified copy thereof shall be conclusive evidence of such conviction.

(6)  Having been adjudged mentally or physically incompetent.

(7)  Violating or aiding and abetting in the violation of any provision of this part or the rules adopted hereunder.

(8)  Reporting a test result when no laboratory test was performed on a clinical specimen.

(9)  Knowingly advertising false services or credentials.

(10)  Having a license revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another jurisdiction. The licensing authority's acceptance of a relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the licensee, shall be construed as action against the licensee.

(11)  Failing to report to the board, in writing, within 30 days if action under subsection (10) has been taken against one's license to practice as clinical laboratory personnel in another state, territory, or country.

(12)  Being unable to perform or report clinical laboratory examinations with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this ¹subsection, the department shall have, upon a finding of the secretary or his or her designee that probable cause exists to believe that the licensee is unable to practice because of the reasons stated in this ¹subsection, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department's order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this ¹subsection shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume competent practice with reasonable skill and safety to patients.

(13)  Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them.

History.--s. 32, ch. 92-58; s. 445, ch. 97-103; s. 169, ch. 97-264.

¹Note.--The word "subsection" was substituted for the word "paragraph" by the editors.