CS/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: 21
1. Has completed an Accreditation Council for Graduate 22
Medical Education or the American Osteopathic Association 23
residency or fellowship program; 24
2. Has attained diplomate status in a chiropractic 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
specialty area recognized by the American Chiropractic 26
Association, the International Chiropractic Association, or the 27
International Academy of Chiropractic Neurology; or 28
3. Is otherwise expressly authorized by law to use such a 29
term. 30
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The department shall enforce this paragraph and has the sam e 32
enforcement authority as an applicable board. The department may 33
adopt rules to implement this paragraph. 34
(2) When the board, or the department when there is no 35
board, finds any person guilty of the grounds set forth in 36
subsection (1) or of any grounds set forth in the applicable 37
practice act, including conduct constituting a substantial 38
violation of subsection (1) or a violation of the applicable 39
practice act which occurred prior to obtaining a license, it may 40
enter an order imposing one or more of the following penalties: 41
(a) Refusal to certify, or to certify with restrictions, 42
an application for a license. 43
(b) Suspension or permanent revocation of a license. 44
(c) Restriction of practice or license, including, but not 45
limited to, restricting the licensee from practicing in certain 46
settings, restricting the licensee to work only under designated 47
conditions or in certain settings, restricting the licensee from 48
performing or providing designated clinical and administrative 49
services, restricting the licensee from practicing more than a 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
designated number of hours, or any other restriction found to be 51
necessary for the protection of the public health, safety, and 52
welfare. 53
(d) Imposition of an administrative fine not to exceed 54
$10,000 for each count or separate offense. If the violation is 55
for fraud or making a false or fraudulent representation, the 56
board, or the department if there is no board, must impose a 57
fine of $10,000 per count or offense. 58
(e) Issuance of a reprimand or letter of concern. 59
(f) Placement of the licensee on probation for a period of 60
time and subject to such conditions as the board, or the 61
department when there is no board, may specify. Those c onditions 62
may include, but are not limited to, requiring the licensee to 63
undergo treatment, attend continuing education courses, submit 64
to be reexamined, work under the supervision of another 65
licensee, or satisfy any terms which are reasonably tailored to 66
the violations found. 67
(g) Corrective action. 68
(h) Imposition of an administrative fine in accordance 69
with s. 381.0261 for violations regarding patient rights. 70
(i) Refund of fees billed and collected from the patient 71
or a third party on behalf of the p atient. 72
(j) Requirement that the practitioner undergo remedial 73
education. 74
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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
In determining what action is appropriate, the board, or 76
department when there is no board, must first consider what 77
sanctions are necessary to protect the public or to compensate 78
the patient. Only after those sanctions have been imposed may 79
the disciplining authority consider and include in the order 80
requirements designed to rehabilitate the practitioner. All 81
costs associated with compliance with orders issued under this 82
subsection are the obligation of the practitioner. 83
Section 2. This act shall take effect July 1, 2022. 84