Florida 2022 Regular Session

Florida House Bill H1537 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to the solicitation of non -medical 2
16	16	services; creating s. 501.2106, F.S.; defining terms; 3
17	17	providing that a person who submits or sponsors a non-4
18	18	medical solicitation that contains certain terminology 5
19	19	or fails to include specified disclosures commits a 6
20	20	deceptive and unfair trade practice, subject to the 7
21	21	penalties and remedies of the Florida Deceptive and 8
22	22	Unfair Trade Practices Act; creating s. 8 77.025, F.S.; 9
23	23	defining terms; prohibiting the unauthorized use, 10
24	24	sale, or transfer of protected health information for 11
25	25	the purpose of soliciting professional services; 12
26	26	providing that a person who willfully and knowingly 13
27	27	violates such prohibition commits a d eceptive and 14
28	28	unfair trade practice, subject to the penalties and 15
29	29	remedies of the Florida Deceptive and Unfair Trade 16
30	30	Practices Act; providing criminal penalties for 17
31	31	willful and knowing violations and enhanced criminal 18
32	32	penalties for violations committed for financial gain; 19
33	33	providing applicability; providing effective dates. 20
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35	35	Be It Enacted by the Legislature of the State of Florida: 22
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37	37	Section 1. Section 501.2106, Florida Statutes, is created 24
38	38	to read: 25
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47	47	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	51	501.2106 Non-medical solicitation; deceptive and un fair 26
52	52	trade practices.— 27
53	53	(1) As used in this section, the term: 28
54	54	(a) "Client" means a prospective customer, client, or 29
55	55	patron of non-medical professional services. 30
56	56	(b) "Non-medical solicitation" means a paid solicitation 31
57	57	for non-medical professional ser vices which contains information 32
58	58	about a drug or device as defined in s. 499.003 and which is 33
59	59	directed to the public through television; radio; the Internet, 34
60	60	including a domain name; a newspaper or other periodical; an 35
61	61	outdoor advertising sign; or another written, electronic, or 36
62	62	recorded communication. 37
63	63	(c) "Person" has the same meaning as in s. 1.01(3). 38
64	64	(2) A person who submits or approves the submittal of a 39
65	65	non-medical solicitation for publication, broadcast, or 40
66	66	dissemination, or who pays for or otherw ise sponsors a non-41
67	67	medical solicitation, commits a deceptive and unfair trade 42
68	68	practice under this part if the solicitation, once published, 43
69	69	broadcast, or disseminated, does any of the following: 44
70	70	(a) Fails to clearly and conspicuously disclose at the 45
71	71	outset of the solicitation the phrase, "This is a paid 46
72	72	advertisement for non -medical services." 47
73	73	(b) Includes terminology implying that the advertisement 48
74	74	is a "medical alert," "health alert," "consumer alert," "public 49
75	75	service announcement," or similar public alert or announcement. 50
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88	88	(c) Displays the logo, or a similar facsimile thereof, of 51
89	89	a federal or state governmental agency in a manner implying 52
90	90	affiliation with, or sponsorship by, a governmental agency. 53
91	91	(d) Includes terminology, including use of the term 54
92	92	"recall" when referring to a product, implying that the product 55
93	93	has been recalled when, in fact, the product has not been 56
94	94	recalled by a governmental agency or through agreement between a 57
95	95	manufacturer and a governmental agency. 58
96	96	(e) Fails to clearly and conspicuously disclose the 59
97	97	sponsor of the advertisement. 60
98	98	(f) Fails to clearly and conspicuously disclose the 61
99	99	individual or entity that will provide professional services to 62
100	100	persons responding to the advertisement or how those persons 63
101	101	will be referred to such individual or entity. 64
102	102	(g) Solicits clients who may allege injury from a 65
103	103	prescription drug approved or cleared by, or which is the 66
104	104	subject of a monograph authorized by, the United States Food and 67
105	105	Drug Administration and fails to clearly and conspicuo usly 68
106	106	disclose the following warning: "Do not stop taking a prescribed 69
107	107	medication without first consulting with your doctor. 70
108	108	Discontinuing a prescribed medication without your doctor's 71
109	109	advice can result in injury or death." 72
110	110	(h) Solicits clients who may al lege injury from a 73
111	111	prescription drug or medical device approved or cleared by, or 74
112	112	which is the subject of a monograph authorized by, the United 75
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121	121	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	125	States Food and Drug Administration and fails to clearly and 76
126	126	conspicuously disclose that the drug or medical dev ice remains 77
127	127	approved by the United States Food and Drug Administration, 78
128	128	unless the product is recalled or withdrawn. 79
129	129	(i) Fails to present any disclosure required by this 80
130	130	subsection such that: 81
131	131	1. A written disclosure is clearly legible and, if 82
132	132	televised or displayed electronically, is displayed for 83
133	133	sufficient time to enable the viewer to easily see and fully 84
134	134	read the disclosure. 85
135	135	2. A spoken disclosure is plainly audible and clearly 86
136	136	intelligible. 87
137	137	Section 2. Effective October 1, 2022, section 877.025 , 88
138	138	Florida Statutes, is created to read: 89
139	139	877.025 Solicitation of non -medical services; wrongful use 90
140	140	or disclosure of protected health information. — 91
141	141	(1) As used in this section, the term: 92
142	142	(a) "Person" has the same meaning as in s. 1.01(3). 93
143	143	(b) "Protected health information" has the same meaning as 94
144	144	provided in 45 C.F.R. s. 106.103. 95
145	145	(c) "Solicit" means to offer to provide professional 96
146	146	services by written, recorded, or electronic communication or by 97
147	147	in-person, telephone, or real -time electronic contact . 98
148	148	(2) A person may not use, cause to be used, obtain, sell, 99
149	149	transfer, or disclose to another person an individual's 100
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158	158	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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162	162	protected health information, without that individual's written 101
163	163	authorization, to solicit professional services. 102
164	164	(3)(a) A person who violates subsection (2) commits a 103
165	165	deceptive and unfair trade practice subject to the penalties and 104
166	166	remedies provided in part II of chapter 501. 105
167	167	(b) A person who willfully and knowingly violates 106
168	168	subsection (2) commits a misdemeanor of the first degree, 107
169	169	punishable as provided in s. 775.082 or s. 775.083. 108
170	170	(c) A person who willfully and knowingly violates 109
171	171	subsection (2) with intent to sell, transfer, or use protected 110
172	172	health information for financial gain commits a felony of the 111
173	173	second degree, punishable as provided in s. 775.082, s. 775.083, 112
174	174	or s. 775.084, except that the term of imprisonment may not 113
175	175	exceed 10 years and the fine must be more than $10,000 but may 114
176	176	not exceed $250,000. 115
177	177	(4) This section does not apply to the disclosure of 116
178	178	protected health info rmation to an attorney, or the attorney's 117
179	179	use of such protected health information, in any judicial or 118
180	180	administrative proceeding or any other use or disclosure 119
181	181	otherwise authorized or required by law. 120
182	182	Section 3. Except as otherwise expressly provided i n this 121
183	183	act, this act shall take effect July 1, 2022. 122