Senate Bill 1142 (2021) — Prohibited acts by health care practitioners
SB 1142
Florida Bills
Florida Senate - 2021 SB 1142 By Senator Rodrigues 27-01297-21 20211142__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to prohibited acts by health care 2 practitioners; amending s. 456.072, F.S.; subjecting 3 health care practitioners to discipline for making 4 misleading, deceptive, or fraudulent representations 5 related to their specialty designations; specifying 6 that only certain licensed health care practitioners 7 may use the terms “anesthesiologist” or 8 “dermatologist”; subjecting health care practitioners 9 to discipline for failing to provide written or oral 10 notice to patients of their specialty designation; 11 requiring the department, instead of applicable health 12 care practitioner boards, to enforce the written or 13 oral notice requirement; requiring the department to 14 issue emergency cease and desist orders to certain 15 persons under certain circumstances; providing 16 requirements for the notice of such emergency orders; 17 requiring the department to impose certain 18 administrative penalties if such persons do not 19 immediately comply with the emergency orders; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24
Section 1. Paragraphs (
a) and (
t) of subsection (1) and 25 subsection (2) of
section 456.072, Florida Statutes, are amended 26 to read: 27 456.072 Grounds for discipline; penalties; enforcement.— 28
(1) The following acts shall constitute grounds for which 29
Florida Senate - 2021 SB 1142 27-01297-21 20211142__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. the disciplinary actions specified in subsection (2) may be 30 taken: 31 (
a) Making misleading, deceptive, or fraudulent 32 representations in or related to the practice of the licensee’s 33 profession or specialty designation. The term “anesthesiologist” 34 may be used only if the practitioner is licensed as a physician 35 under
chapter 458 or
chapter 459 or as a dentist under
chapter 36 466, and the term “dermatologist” may be used only if the 37 practitioner is licensed as a physician under
chapter 458 or 38
chapter 459. 39 (
t) Failing to identify through written notice, which may 40 include the wearing of a name tag, or orally to a patient the 41 type of license or specialty designation under which the 42 practitioner is practicing. Any advertisement for health care 43 services naming the practitioner must identify the type of 44 license the practitioner holds. This paragraph does not apply to 45 a practitioner while the practitioner is providing services in a 46 facility licensed under
chapter 394,
chapter 395,
chapter 400, 47 or
chapter 429. The department shall enforce this paragraph Each 48 board, or the department where there is no board, is authorized 49 by rule to determine how its practitioners may comply with this 50 disclosure requirement. 51 (2)(
a) When the board, or the department when there is no 52 board, finds any person guilty of the grounds set forth in 53 subsection (1) or of any grounds set forth in the applicable 54 practice act, including conduct constituting a substantial 55 violation of subsection (1) or a violation of the applicable 56 practice act which occurred before prior to obtaining a license, 57 it may enter an order imposing one or more of the following 58
Florida Senate - 2021 SB 1142 27-01297-21 20211142__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. penalties: 59 1.(
a) Refusal to certify, or to certify with restrictions, 60 an application for a license. 61 2.(
b) Suspension or permanent revocation of a license. 62 3.(
c) Restriction of practice or license, including, but 63 not limited to, restricting the licensee from practicing in 64 certain settings, restricting the licensee to work only under 65 designated conditions or in certain settings, restricting the 66 licensee from performing or providing designated clinical and 67 administrative services, restricting the licensee from 68 practicing more than a designated number of hours, or any other 69 restriction found to be necessary for the protection of the 70 public health, safety, and welfare. 71 4.(
d) Imposition of an administrative fine not to exceed 72 $10,000 for each count or separate offense. If the violation is 73 for fraud or making a false or fraudulent representation, the 74 board, or the department if there is no board, must impose a 75 fine of $10,000 per count or offense. 76 5.(
e) Issuance of a reprimand or letter of concern. 77 6.(
f) Placement of the licensee on probation for a period 78 of time and subject to such conditions as the board, or the 79 department when there is no board, may specify. Those conditions 80 may include, but are not limited to, requiring the licensee to 81 undergo treatment, attend continuing education courses, submit 82 to be reexamined, work under the supervision of another 83 licensee, or satisfy any terms which are reasonably tailored to 84 the violations found. 85 7.(
g) Corrective action. 86 8.(
h) Imposition of an administrative fine in accordance 87
Florida Senate - 2021 SB 1142 27-01297-21 20211142__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. with s. 381.0261 for violations regarding patient rights. 88 9.(
i) Refund of fees billed and collected from the patient 89 or a third party on behalf of the patient. 90 10.(
j) Requirement that the practitioner undergo remedial 91 education. 92 93 In determining what action is appropriate, the board, or 94 department when there is no board, must first consider what 95 sanctions are necessary to protect the public or to compensate 96 the patient. Only after those sanctions have been imposed may 97 the disciplining authority consider and include in the order 98 requirements designed to rehabilitate the practitioner. All 99 costs associated with compliance with orders issued under this 100 subsection are the obligation of the practitioner. 101 (b)1.
When the department finds that a person has violated 102 paragraph (1)(a), the department must issue an emergency order 103 to the person to cease and desist from using the name or title, 104 or any other words, letters, abbreviations, or insignia 105 indicating that he or she may practice under the specialty 106 designation.
The department must send the emergency cease and 107 desist order to the person by certified mail and e-mail to the 108 person’s physical address and e-mail address of record on file 109 with the department and to any other mailing address or e-mail 110 address through which the department believes the person may be 111 reached. 112 2. If the person does not cease and desist his or her 113 actions in violation of paragraph (1)(
a) immediately upon 114 receipt of the emergency cease and desist order, the department 115 must enter an order imposing any of the following penalties, or 116
Florida Senate - 2021 SB 1142 27-01297-21 20211142__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. a combination thereof, until the person complies with the cease 117 and desist order: 118 a. A citation and a daily fine. 119 b. A reprimand or a letter of concern. 120 c. Suspension of license. 121