CS/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
or the American Osteopathic Association accredits or recognizes 20
as a residency or fellowship program unless the licensee has 21
completed such residency or fellowship program or unless 22
otherwise expressly authorized by law. The department shall 23
enforce this paragraph and has the same enforcement authority as 24
an applicable board. The department may adopt rules to im plement 25
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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
this paragraph. 26
(2) When the board, or the department when there is no 27
board, finds any person guilty of the grounds set forth in 28
subsection (1) or of any grounds set forth in the applicable 29
practice act, including conduct constituting a substant ial 30
violation of subsection (1) or a violation of the applicable 31
practice act which occurred prior to obtaining a license, it may 32
enter an order imposing one or more of the following penalties: 33
(a) Refusal to certify, or to certify with restrictions, 34
an application for a license. 35
(b) Suspension or permanent revocation of a license. 36
(c) Restriction of practice or license, including, but not 37
limited to, restricting the licensee from practicing in certain 38
settings, restricting the licensee to work only u nder designated 39
conditions or in certain settings, restricting the licensee from 40
performing or providing designated clinical and administrative 41
services, restricting the licensee from practicing more than a 42
designated number of hours, or any other restrict ion found to be 43
necessary for the protection of the public health, safety, and 44
welfare. 45
(d) Imposition of an administrative fine not to exceed 46
$10,000 for each count or separate offense. If the violation is 47
for fraud or making a false or fraudulent repre sentation, the 48
board, or the department if there is no board, must impose a 49
fine of $10,000 per count or offense. 50
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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
(e) Issuance of a reprimand or letter of concern. 51
(f) Placement of the licensee on probation for a period of 52
time and subject to such cond itions as the board, or the 53
department when there is no board, may specify. Those conditions 54
may include, but are not limited to, requiring the licensee to 55
undergo treatment, attend continuing education courses, submit 56
to be reexamined, work under the supe rvision of another 57
licensee, or satisfy any terms which are reasonably tailored to 58
the violations found. 59
(g) Corrective action. 60
(h) Imposition of an administrative fine in accordance 61
with s. 381.0261 for violations regarding patient rights. 62
(i) Refund of fees billed and collected from the patient 63
or a third party on behalf of the patient. 64
(j) Requirement that the practitioner undergo remedial 65
education. 66
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In determining what action is appropriate, the board, or 68
department when there is no board, must first consider what 69
sanctions are necessary to protect the public or to compensate 70
the patient. Only after those sanctions have been imposed may 71
the disciplining authority consider and include in the order 72
requirements designed to rehabilitate the pr actitioner. All 73
costs associated with compliance with orders issued under this 74
subsection are the obligation of the practitioner. 75
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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
Section 2. This act shall take effect July 1, 2022. 76