PCS for HB 1579, Health Care Practitioner Discipline — Florida House of Representatives (2021)
- Issuer
- Congressional materials
- Document type
- 2021 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For
- Case
- 2021 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 1579
Summary
A six-page proposed committee substitute, PCS for HB 1579, of the Florida House of Representatives in 2021, an act relating to health care practitioner discipline. Section 1 adds paragraph (rr) to s. 456.072, F.S., making conviction of, a plea to, or committing or attempting an act violating an offense listed in s. 456.074(5) grounds for discipline. Section 2 amends s. 456.074, F.S., so that the Department of Health's emergency suspension orders apply to any health care practitioner, adds felonies under chapter 782, relating to homicide, and creates a new subsection (5) requiring emergency suspension upon arrest for listed offenses. Those listed offenses include kidnapping, false imprisonment, human trafficking, sexual battery and sexual misconduct against patients or juvenile offenders. Section 3 sets an effective date of July 1, 2021.
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Cite this document
“PCS for HB 1579, Health Care Practitioner Discipline — Florida House of Representatives (2021).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3093-professions-public-health-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1579/
, SHA-256 667ae47979b885bb72227ef977e844f148ae1c4adf3f2b44eebbfe2736a59e90.Full text
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
PCS for HB 1579 ORIGINAL 2021
1 A bill to be entitled
2 An act relating to health care practitioner
3 discipline; amending s. 456.072, F.S.; subjecting
4 health care practitioners to disciplinary action for
5 specified offenses; amending s. 456.074, F.S.;
6 revising provisions relating to immediate suspension
7 of licensure to apply to all health care
8 practitioners; requiring the Department of Health to
9 issue emergency orders to suspend health care
10 practitioner licenses if they enter a criminal plea
11 to, or are convicted or found guilty of, a felony
12 relating to homicide or are arrested for committing or
13 attempting, soliciting, or conspiring to commit acts
14 that would constitute violations of specified criminal
15 offenses; providing an effective date; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (rr) is added to subsection (1) of
21 section 456.072, Florida Statutes, to read:
22 456.072 Grounds for discipline; penalties; enforcement.—
23 (1) The following acts shall constitute grounds for which
24 the disciplinary actions specified in subsection (2) may be
25 taken:
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PCS for HB 1579 ORIGINAL 2021
26 (rr) Being convicted or found guilty of, entering a plea
27 of guilty or nolo contendere to, regardless of adjudication, or
28 committing or attempting, soliciting, or conspiring to commit an
29 act that would constitute a violation of any of the offenses
30 listed in s. 456.074(5) or a similar offense in another
31 jurisdiction.
32 Section 2. Subsection (5) of section 456.074, Florida
33 Statutes, is renumbered as subsection (6), respectively, and
34 subsection (5) is added to that section, and subsection (1) of
35 that section is amended, to read:
36 456.074 Certain health care practitioners; immediate
37 suspension of license.—
38 (1) The department shall issue an emergency order
39 suspending the license of any health care practitioner person
40 licensed under chapter 458, chapter 459, chapter 460, chapter
41 461, chapter 462, chapter 463, chapter 464, chapter 465, chapter
42 466, or chapter 484 who pleads guilty to, is convicted or found
43 guilty of, or who enters a plea of nolo contendere to,
44 regardless of adjudication, any of the following to:
45 (a) A felony under chapter 409, chapter 817, or chapter 893
46 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-
47 1396.;
48 (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
49 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
50 1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
51 Medicaid program.; or
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PCS for HB 1579 ORIGINAL 2021
52 (c) A felony under s. 784.086, relating to a reproductive
53 battery.
54 (d) A felony under chapter 782, relating to homicide.
55 (5) The department shall issue an emergency order
56 suspending the license of any health care practitioner who is
57 arrested for committing or attempting, soliciting, or conspiring
58 to commit any act that would constitute a violation of any of
59 the following criminal offenses in this state or similar
60 offenses in another jurisdiction:
61 (a) Section 393.135(2), relating to sexual misconduct
62 against an individual with a developmental disability.
63 (b) Section 394.4593(2), relating to sexual misconduct
64 against a patient of a receiving or treatment facility or
65 otherwise in the custody of the Department of Children and
66 Families.
67 (c) Section 787.01, relating to kidnapping.
68 (d) Section 787.02, relating to false imprisonment.
69 (e) Section 787.025(2), relating to luring or enticing a
70 child.
71 (f) Section 787.06(3)(b),(d), (f), or (g), relating to
72 human trafficking for commercial sexual activity.
73 (g) Former s. 787.06(3)(h), relating to human trafficking
74 of a child under the age of 15 for commercial sexual activity.
75 (h) Section 787.07, relating to human smuggling.
76 (i) Section 794.011, relating to sexual battery, excluding
77 s. 794.011(10).
78 (j) Section 794.05, relating to unlawful sexual activity
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79 with certain minors.
80 (k) Section 794.08, relating to female genital mutilation.
81 (l) Former s. 796.03, relating to procuring a person under
82 the age of 18 for prostitution.
83 (m) Former s. 796.035, relating to the selling or buying of
84 minors into prostitution.
85 (n) Section 796.04, relating to forcing, compelling, or
86 coercing another to become a prostitute.
87 (o) Section 796.05, relating to deriving support from the
88 proceeds of prostitution.
89 (p) Section 796.07(4)(a)3., relating to a felony of the
90 third degree for a third or subsequent violation of s. 796.07,
91 relating to prohibiting prostitution and related acts.
92 (q) Section 800.04, relating to lewd or lascivious offenses
93 committed upon or in the presence of persons younger than 16
94 years of age.
95 (r) Section 810.145(8), relating to video voyeurism of a
96 minor.
97 (s) Section 825.1025, relating to lewd or lascivious
98 offenses committed upon or in the presence of an elderly person
99 or disabled person.
100 (t) Section 827.071, relating to sexual performance by a
101 child.
102 (u) Section 847.011, relating to prohibited acts in
103 connection with obscene, lewd, etc., materials.
104 (v) Section 847.012, relating to materials harmful to
105 minors.
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106 (w) Section 847.013, relating to exposing minors to harmful
107 motion pictures, exhibitions, shows, presentations, or
108 representations.
109 (x) Section 847.0133, relating to the protection of minors
110 from obscene materials.
111 (y) Section 847.0135, relating to computer pornography,
112 prohibited computer usage, or traveling to meet minors,
113 excluding s. 847.0135(6).
114 (z) Section 847.0137, relating to transmission of child
115 pornography by electronic device or equipment.
116 (aa) Section 847.0138, relating to the transmission of
117 material harmful to minors to a minor by electronic device or
118 equipment.
119 (bb) Section 847.0145, relating to the selling or buying of
120 minors.
121 (cc) Section 856.022, relating to loitering or prowling in
122 close proximity to children.
123 (dd) Section 895.03, relating to racketeering activity, if
124 the court makes a written finding that the racketeering activity
125 involved at least one sexual offense listed in this subsection
126 or at least one offense listed in this subsection which was
127 committed with sexual intent or motive.
128 (ee) Section 916.1075(2), relating to sexual misconduct
129 against a forensic client of a civil or forensic facility for
130 defendants who have a mental illness or an intellectual
131 disability.
132 (ff) Section 985.701(1), relating to sexual misconduct
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133 against a juvenile offender.
134 (gg) Any similar offense committed in this state which has
135 been redesignated from a former statute number to one of those
136 listed in this subsection.
137 Section 3. This act shall take effect July 1, 2021.
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File and source
- File
- 2021_3093_professions-public-health-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1579.pdf
- Size
- 109,415 bytes
- SHA-256
- 667ae47979b885bb72227ef977e844f148ae1c4adf3f2b44eebbfe2736a59e90
- Original
- www.flhouse.gov