Senate Bill 1934 (2021) — Health care practitioner discipline
SB 1934
Florida Bills
Florida Senate - 2021 SB 1934 By Senator Book 32-01089C-21 20211934__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to health care practitioner 2 discipline; amending s. 456.072, F.S.; subjecting 3 health care practitioners to disciplinary action for 4 specified offenses; amending s. 456.074, F.S.; 5 requiring the Department of Health to issue emergency 6 orders to suspend certain physicians’ licenses if they 7 are arrested for committing or attempting, soliciting, 8 or conspiring to commit acts that would constitute 9 violations of specified criminal offenses involving a 10 child; requiring the Office of Program Policy Analysis 11 and Government Accountability (OPPAGA) to analyze 12 certain laws and rules and their application; 13 providing requirements for the analysis; requiring all 14 state agencies, upon OPPAGA’s request, to assist 15 OPPAGA and provide requested information and data; 16 requiring OPPAGA to submit a report to the Governor 17 and the Legislature by a specified date; providing for 18 future repeal; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22
Section 1. Paragraph (rr) is added to subsection (1) of 23
section 456.072, Florida Statutes, to read: 24 456.072 Grounds for discipline; penalties; enforcement.— 25
(1) The following acts shall constitute grounds for which 26 the disciplinary actions specified in subsection (2) may be 27 taken: 28 (rr) Being convicted or found guilty of, entering a plea of 29
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. guilty or nolo contendere to, regardless of adjudication, or 30 committing or attempting, soliciting, or conspiring to commit an 31 act that would constitute a violation of any of the offenses 32 listed in s. 456.074(5) or a similar offense in another 33 jurisdiction. 34
Section 2. Present subsection (5) of
section 456.074, 35 Florida Statutes, is redesignated as subsection (6), and a new 36 subsection (5) is added to that section, to read: 37 456.074 Certain health care practitioners; immediate 38 suspension of license.— 39
(5) The department shall issue an emergency order 40 suspending the license of any physician licensed under
chapter 41 458 or
chapter 459 who is a pediatrician or who otherwise treats 42 children in his or her practice if the physician is arrested for 43 committing or attempting, soliciting, or conspiring to commit 44 any act that would constitute a violation of any of the 45 following criminal offenses involving a child in this state or 46 similar offenses in another jurisdiction: 47 (
a) Section 393.135(2), relating to sexual misconduct 48 against an individual with a developmental disability. 49 (
b) Section 394.4593(2), relating to sexual misconduct 50 against a patient of a receiving or treatment facility or 51 otherwise in the custody of the Department of Children and 52 Families. 53 (
c) Section 787.01, relating to kidnapping. 54 (
d) Section 787.02, relating to false imprisonment. 55 (
e) Section 787.025(2), relating to luring or enticing a 56 child. 57 (
f) Section 787.06(3)(b),(d), (f), or (g), relating to 58
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. human trafficking for commercial sexual activity. 59 (
g) Former s. 787.06(3)(h), relating to human trafficking 60 of a child under the age of 15 for commercial sexual activity. 61 (
h) Section 787.07, relating to human smuggling. 62 (
i) Section 794.011, relating to sexual battery, excluding 63 s. 794.011(10). 64 (
j) Section 794.05, relating to unlawful sexual activity 65 with certain minors. 66 (
k) Section 794.08, relating to female genital mutilation. 67 (
l) Former s. 796.03, relating to procuring a person under 68 the age of 18 for prostitution. 69 (
m) Former s. 796.035, relating to the selling or buying of 70 minors into prostitution. 71 (
n) Section 796.04, relating to forcing, compelling, or 72 coercing another to become a prostitute. 73 (
o) Section 796.05, relating to deriving support from the 74 proceeds of prostitution. 75 (
p) Section 796.07(4)(a)3., relating to a felony of the 76 third degree for a third or subsequent violation of s. 796.07, 77 relating to prohibiting prostitution and related acts. 78 (
q) Section 800.04, relating to lewd or lascivious offenses 79 committed upon or in the presence of persons younger than 16 80 years of age. 81 (
r) Section 810.145(8), relating to video voyeurism of a 82 minor. 83 (
s) Section 827.071, relating to sexual performance by a 84 child. 85 (
t) Section 847.011, relating to prohibited acts in 86 connection with obscene, lewd, and other materials. 87
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. (
u) Section 847.012, relating to materials harmful to 88 minors. 89 (
v) Section 847.013, relating to exposing minors to harmful 90 motion pictures, exhibitions, shows, presentations, or 91 representations. 92 (
w) Section 847.0133, relating to the protection of minors 93 from obscene materials. 94 (
x) Section 847.0135, relating to computer pornography, 95 prohibited computer usage, or traveling to meet minors, 96 excluding s. 847.0135(6). 97 (
y) Section 847.0137, relating to transmission of child 98 pornography by electronic device or equipment. 99 (
z) Section 847.0138, relating to the transmission of 100 material harmful to minors to a minor by electronic device or 101 equipment. 102 (aa)
Section 847.0145, relating to the selling or buying of 103 minors. 104 (bb)
Section 856.022, relating to loitering or prowling in 105 close proximity to children. 106 (cc)
Section 895.03, relating to racketeering activity, if 107 the court makes a written finding that the racketeering activity 108 involved at least one sexual offense listed in this subsection 109 or at least one offense listed in this subsection which was 110 committed with sexual intent or motive. 111 (dd)
Section 916.1075(2), relating to sexual misconduct 112 against a forensic client of a civil or forensic facility for 113 defendants who have a mental illness or an intellectual 114 disability. 115 (ee)
Section 985.701(1), relating to sexual misconduct 116
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. against a juvenile offender. 117 (ff) Any similar offense committed in this state which has 118 been redesignated from a former statute number to one of those 119 listed in this subsection. 120
Section 3. Health care practitioner study.— 121
(1) The Office of Program Policy Analysis and Government 122 Accountability (OPPAGA) shall analyze this state’s laws and 123 rules relating to grounds for disciplinary actions against and 124 immediate suspension of health care practitioner licenses and 125 the application of such laws and rules, specifically with 126 respect to criminal offenses. 127
(2) In its analysis, OPPAGA shall do all of the following, 128 at a minimum: 129 (
a) Identify all of the health care professions regulated 130 by the Department of Health and, for each health care 131 profession, indicate all sections of the Florida Statutes and 132 related rules that subject practitioners of that health care 133 profession to discipline or immediate suspension of licensure. 134 (
b) For each health care profession, identify which 135 criminal offenses are specifically enumerated as grounds for 136 disciplinary action against or immediate suspension of the 137 health care practitioner’s license. This information must 138 distinguish whether the department may take such action upon a 139 health care practitioner’s arrest for the criminal offense or 140 conduct or only if the health care practitioner is found guilty 141 or convicted of or enters a plea of nolo contendere to the 142 criminal offense.
OPPAGA shall also review the corresponding 143 disciplinary guidelines adopted by rule of the applicable board, 144 or the department if there is no board, for each health care 145
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. profession. 146 (
c) Compare all of the information obtained under paragraph 147 (
b) and determine whether there are disparities between health 148 care professions as to which criminal offenses are grounds for 149 disciplinary action against or immediate suspension of licensure 150 and whether there are disparities between the corresponding 151 disciplinary guidelines adopted by the board or the department, 152 as applicable, for the different health care professions. 153 (
d) Review historical disciplinary action data from the 154 department which includes all of the disciplinary actions taken 155 or immediate suspensions issued by the department for a health 156 care practitioner’s arrest for, conviction of, or entering a 157 plea to a criminal offense, identifying the types of offenses 158 and details of the corresponding disciplinary action taken, if 159 any. 160 (
e) To the extent possible, determine how many health care 161 practitioners in the past 10 years have been arrested for, been 162 convicted of, or have entered a plea to a criminal offense 163 enumerated in s. 456.074(5), Florida Statutes, as amended by 164 this act. OPPAGA may review such instances that occurred more 165 than 10 years ago if such information is available. 166 (
f) For the health care practitioners identified in 167 paragraph (e), determine how many have had administrative 168 complaints filed or disciplinary action taken against their 169 license or have had their license immediately suspended by the 170 department for such arrest, conviction, or criminal plea, noting 171 the final disposition of their case with the department, if any. 172 (
g) Compare all of the information obtained under this 173 subsection and determine if this state’s current laws and rules 174
Florida Senate - 2021 SB 1934 32-01089C-21 20211934__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. relating to discipline and immediate suspension of health care 175 practitioner licenses are creating discrepancies relating to 176 health care practitioners who are arrested for, are convicted 177 of, or enter pleas to criminal offenses that pose a danger to 178 the health, safety, and welfare of the public but are not 179 subjected to disciplinary action or immediate suspension of 180 their licenses. 181
(3) Upon OPPAGA’s request, all state agencies shall assist 182 in conducting its analysis and preparing its report under this 183 section, including, but not limited to, providing technical 184 assistance and any relevant information or data OPPAGA requests. 185
(4) OPPAGA shall submit a report of its findings to the 186 Governor, the President of the Senate, and the Speaker of the 187 House of Representatives by January 1, 2022. 188
(5) This
section is repealed January 2, 2022. 189