HB 861 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to medical specialty designations; 2
amending s. 456.072, F.S.; providing that using a term 3
designating a certain medical specialty is grounds for 4
disciplinary action; providing enforcement authority; 5
authorizing the Department of Health to adopt rules; 6
providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (tt) is added to subsection (1) of 11
section 456.072, Florida Statutes, and subsection (2) of that 12
section is republished, to read: 13
456.072 Grounds for discipline; penalties; enforcement. — 14
(1) The following acts shall constitute grounds for which 15
the disciplinary actions specified in subsection (2) may be 16
taken: 17
(tt) Using a term designating a medical specialty for 18
which the Accreditation Council for Graduate Medical Education 19
accredits or recognizes as a residency or fellowship program 20
unless the licensee has completed such residenc y or fellowship 21
program or unless otherwise expressly authorized by law. The 22
department shall enforce this paragraph and has the same 23
enforcement authority as an applicable board. The department may 24
adopt rules to implement this paragraph. 25
HB 861 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) When the board, or the department when there is no 26
board, finds any person guilty of the grounds set forth in 27
subsection (1) or of any grounds set forth in the applicable 28
practice act, including conduct constituting a substantial 29
violation of subsection (1) or a vio lation of the applicable 30
practice act which occurred prior to obtaining a license, it may 31
enter an order imposing one or more of the following penalties: 32
(a) Refusal to certify, or to certify with restrictions, 33
an application for a license. 34
(b) Suspension or permanent revocation of a license. 35
(c) Restriction of practice or license, including, but not 36
limited to, restricting the licensee from practicing in certain 37
settings, restricting the licensee to work only under designated 38
conditions or in certain settings, restricting the licensee from 39
performing or providing designated clinical and administrative 40
services, restricting the licensee from practicing more than a 41
designated number of hours, or any other restriction found to be 42
necessary for the protec tion of the public health, safety, and 43
welfare. 44
(d) Imposition of an administrative fine not to exceed 45
$10,000 for each count or separate offense. If the violation is 46
for fraud or making a false or fraudulent representation, the 47
board, or the department if there is no board, must impose a 48
fine of $10,000 per count or offense. 49
(e) Issuance of a reprimand or letter of concern. 50
HB 861 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) Placement of the licensee on probation for a period of 51
time and subject to such conditions as the board, or the 52
department when there is no board, may specify. Those conditions 53
may include, but are not limited to, requiring the licensee to 54
undergo treatment, attend continuing education courses, submit 55
to be reexamined, work under the supervision of another 56
licensee, or satisfy any terms which are reasonably tailored to 57
the violations found. 58
(g) Corrective action. 59
(h) Imposition of an administrative fine in accordance 60
with s. 381.0261 for violations regarding patient rights. 61
(i) Refund of fees billed and collected from the patient 62
or a third party on behalf of the patient. 63
(j) Requirement that the practitioner undergo remedial 64
education. 65
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In determining what action is appropriate, the board, or 67
department when there is no board, must first consider what 68
sanctions are necessary to protect the public or to compensate 69
the patient. Only after those sanctions have been imposed may 70
the disciplining authority consider and include in the order 71
requirements designed to rehabilitate the practitioner. All 72
costs associated with complia nce with orders issued under this 73
subsection are the obligation of the practitioner. 74
Section 2. This act shall take effect July 1, 2022. 75