FL
Florida House Bill H0861

Florida 2022 Regular Session

Florida House Bill H0861 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to medical specialty designations; 2
1616 amending s. 456.072, F.S.; providing that using a term 3
1717 designating a certain medical specialty is grounds for 4
1818 disciplinary action; providing enforcement authority; 5
1919 authorizing the Department of Health to adopt rules; 6
2020 providing an effective date. 7
2121 8
2222 Be It Enacted by the Legislature of the State of Florida: 9
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2424 Section 1. Paragraph (tt) is added to subsection (1) of 11
2525 section 456.072, Florida Statutes, and subsection (2) of that 12
2626 section is republished, to read: 13
2727 456.072 Grounds for discipline; penalties; enforcement. — 14
2828 (1) The following acts shall constitute grounds for which 15
2929 the disciplinary actions specified in subsection (2) may be 16
3030 taken: 17
3131 (tt) Using a term designating a medical specialty for 18
3232 which the Accreditation Council for Graduate Medical Education 19
3333 or the American Osteopathic Association accredits or recognizes 20
34-as a residency or fellowship program unless the licensee: 21
35- 1. Has completed an Accreditation Council for Graduate 22
36-Medical Education or the American Osteopathic Association 23
37-residency or fellowship program; 24
38- 2. Has attained diplomate status in a chiropractic 25
34+as a residency or fellowship program unless the licensee has 21
35+completed such residency or fellowship program or unless 22
36+otherwise expressly authorized by law. The department shall 23
37+enforce this paragraph and has the same enforcement authority as 24
38+an applicable board. The department may adopt rules to im plement 25
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4747 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
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51-specialty area recognized by the American Chiropractic 26
52-Association, the International Chiropractic Association, or the 27
53-International Academy of Chiropractic Neurology; or 28
54- 3. Is otherwise expressly authorized by law to use such a 29
55-term. 30
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57-The department shall enforce this paragraph and has the sam e 32
58-enforcement authority as an applicable board. The department may 33
59-adopt rules to implement this paragraph. 34
60- (2) When the board, or the department when there is no 35
61-board, finds any person guilty of the grounds set forth in 36
62-subsection (1) or of any grounds set forth in the applicable 37
63-practice act, including conduct constituting a substantial 38
64-violation of subsection (1) or a violation of the applicable 39
65-practice act which occurred prior to obtaining a license, it may 40
66-enter an order imposing one or more of the following penalties: 41
67- (a) Refusal to certify, or to certify with restrictions, 42
68-an application for a license. 43
69- (b) Suspension or permanent revocation of a license. 44
70- (c) Restriction of practice or license, including, but not 45
71-limited to, restricting the licensee from practicing in certain 46
72-settings, restricting the licensee to work only under designated 47
73-conditions or in certain settings, restricting the licensee from 48
74-performing or providing designated clinical and administrative 49
75-services, restricting the licensee from practicing more than a 50
51+this paragraph. 26
52+ (2) When the board, or the department when there is no 27
53+board, finds any person guilty of the grounds set forth in 28
54+subsection (1) or of any grounds set forth in the applicable 29
55+practice act, including conduct constituting a substant ial 30
56+violation of subsection (1) or a violation of the applicable 31
57+practice act which occurred prior to obtaining a license, it may 32
58+enter an order imposing one or more of the following penalties: 33
59+ (a) Refusal to certify, or to certify with restrictions, 34
60+an application for a license. 35
61+ (b) Suspension or permanent revocation of a license. 36
62+ (c) Restriction of practice or license, including, but not 37
63+limited to, restricting the licensee from practicing in certain 38
64+settings, restricting the licensee to work only u nder designated 39
65+conditions or in certain settings, restricting the licensee from 40
66+performing or providing designated clinical and administrative 41
67+services, restricting the licensee from practicing more than a 42
68+designated number of hours, or any other restrict ion found to be 43
69+necessary for the protection of the public health, safety, and 44
70+welfare. 45
71+ (d) Imposition of an administrative fine not to exceed 46
72+$10,000 for each count or separate offense. If the violation is 47
73+for fraud or making a false or fraudulent repre sentation, the 48
74+board, or the department if there is no board, must impose a 49
75+fine of $10,000 per count or offense. 50
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8484 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
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88-designated number of hours, or any other restriction found to be 51
89-necessary for the protection of the public health, safety, and 52
90-welfare. 53
91- (d) Imposition of an administrative fine not to exceed 54
92-$10,000 for each count or separate offense. If the violation is 55
93-for fraud or making a false or fraudulent representation, the 56
94-board, or the department if there is no board, must impose a 57
95-fine of $10,000 per count or offense. 58
96- (e) Issuance of a reprimand or letter of concern. 59
97- (f) Placement of the licensee on probation for a period of 60
98-time and subject to such conditions as the board, or the 61
99-department when there is no board, may specify. Those c onditions 62
100-may include, but are not limited to, requiring the licensee to 63
101-undergo treatment, attend continuing education courses, submit 64
102-to be reexamined, work under the supervision of another 65
103-licensee, or satisfy any terms which are reasonably tailored to 66
104-the violations found. 67
105- (g) Corrective action. 68
106- (h) Imposition of an administrative fine in accordance 69
107-with s. 381.0261 for violations regarding patient rights. 70
108- (i) Refund of fees billed and collected from the patient 71
109-or a third party on behalf of the p atient. 72
110- (j) Requirement that the practitioner undergo remedial 73
111-education. 74
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88+ (e) Issuance of a reprimand or letter of concern. 51
89+ (f) Placement of the licensee on probation for a period of 52
90+time and subject to such cond itions as the board, or the 53
91+department when there is no board, may specify. Those conditions 54
92+may include, but are not limited to, requiring the licensee to 55
93+undergo treatment, attend continuing education courses, submit 56
94+to be reexamined, work under the supe rvision of another 57
95+licensee, or satisfy any terms which are reasonably tailored to 58
96+the violations found. 59
97+ (g) Corrective action. 60
98+ (h) Imposition of an administrative fine in accordance 61
99+with s. 381.0261 for violations regarding patient rights. 62
100+ (i) Refund of fees billed and collected from the patient 63
101+or a third party on behalf of the patient. 64
102+ (j) Requirement that the practitioner undergo remedial 65
103+education. 66
104+ 67
105+In determining what action is appropriate, the board, or 68
106+department when there is no board, must first consider what 69
107+sanctions are necessary to protect the public or to compensate 70
108+the patient. Only after those sanctions have been imposed may 71
109+the disciplining authority consider and include in the order 72
110+requirements designed to rehabilitate the pr actitioner. All 73
111+costs associated with compliance with orders issued under this 74
112+subsection are the obligation of the practitioner. 75
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121121 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
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125-In determining what action is appropriate, the board, or 76
126-department when there is no board, must first consider what 77
127-sanctions are necessary to protect the public or to compensate 78
128-the patient. Only after those sanctions have been imposed may 79
129-the disciplining authority consider and include in the order 80
130-requirements designed to rehabilitate the practitioner. All 81
131-costs associated with compliance with orders issued under this 82
132-subsection are the obligation of the practitioner. 83
133- Section 2. This act shall take effect July 1, 2022. 84
125+ Section 2. This act shall take effect July 1, 2022. 76