Florida Senate - 2022 SB 1184 By Senator Broxson 1-01388-22 20221184__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to free speech of health care 2 practitioners; creating s. 456.61, F.S.; prohibiting 3 certain entities from reprimanding, sanctioning, or 4 revoking or threatening to revoke a license, 5 certificate, or registration of a health care 6 practitioner for specified use of his or her right of 7 free speech without specified proof; providing for 8 liability; requiring certain entities to provide to a 9 health care practitioner any complaints within a 10 specified timeframe; providing a penalty; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15

Section

Section 456.61, Florida Statutes, is created to 16 read: 17 456.61 Use of free speech by a health care practitioner; 18 prohibition.—A board within the jurisdiction of the department, 19 the department if there is no board, or a recognizing agency 20 approved by the Board of Osteopathic Medicine under rule 64B15 -21 14.001, Florida Administrative Code: 22

(1) May not reprimand, sanction, or revoke or threaten to 23 revoke a license, certificate, or registration of a health care 24 practitioner for exercising his or her constitutional right of 25 free speech through the use of a social media platform as 26 defined in s. 501.2041(1)(g). 27

(2) Must prove beyond a reasonable doubt that the use of 28 free speech by a health care practitioner led to the direct 29 Florida Senate - 2022 SB 1184 1-01388-22 20221184__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. physical harm of a person with whom the health care practitioner 30 had a practitioner-patient relationship within the 3 years 31 immediately preceding the incident of physical harm to 32 reprimand, sanction, or revoke or threaten to revoke a license, 33 certificate, or registration of a health care practitioner. 34

(3) Is liable for a sum of up to $1.5 million per 35 occurrence for any direct or indirect damages to a health care 36 practitioner if proof beyond a reasonable doubt has not been 37 established under subsection (2) for reprimanding, sanctioning, 38 or revoking or threatening to revoke a license, certificate, or 39 registration of the health care practitioner. 40

(4) Must provide to a health care practitioner any 41 complaints received for which revocation actions may be in order 42 within 7 days after receipt of the complaint or, if it fails to 43 provide such complaint, must pay to the health car e practitioner 44 an administrative penalty of $500 for each day the complaint is 45 not provided to the health care practitioner. 46

Section 2. This act shall take effect July 1, 2022. 47