Committee/Subcommittee Amendment to PCS for HB 687 (2022) — Professions & Public Health Subcommittee

Summary

Committee/Subcommittee Amendment to PCS for HB 687 (2022), offered at the Professions & Public Health Subcommittee by Representative Smith, C., with a title amendment. It would remove lines 17-33 and insert section 456.61, Use of free speech by a health care practitioner or an employee of the department; prohibition. Under it, a board, the department if there is no board, or a recognizing agency may not reprimand, sanction, or revoke or threaten to revoke a license of a health care practitioner, or terminate employment of an employee of the department, for exercising a constitutional right of free speech unless such entities prove beyond a reasonable doubt that the use of free speech led to direct physical harm of a person.

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Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 687       (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Professions & Public
 2     Health Subcommittee
 3     Representative Smith, C. offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 17-33 and insert:
 7          456.61    Use of free speech by a health care practitioner or
 8     an employee of the department; prohibition.—A board within the
 9     jurisdiction of the department, the department if there is no
10     board, or a recognizing agency approved by the board under rule
11     64B15-14.001, Florida Administrative Code:
12          (1)     May not reprimand, sanction, or revoke or threaten to
13     revoke a license, certificate, or registration of a health care
14     practitioner or reprimand, sanction, or terminate employment of
15     an employee of the department for exercising his or her
16     constitutional right of free speech, including, but not limited
     h0687-line17
      Published On: 2/14/2022 5:07:29 PM
                                    Page 1 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 687     (2022)
       Amendment No. 1


17     to, speech through the use of a social media platform as defined
18     in s. 501.2041(1), unless such entities prove beyond a
19     reasonable doubt that the use of free speech:
20          (a)     By the health care practitioner led to the direct
21     physical harm of a person with whom the health care practitioner
22     had a practitioner-patient relationship within the 3 years
23     immediately preceding the incident of physical harm.
24          (b)     By an employee of the department led to the direct
25     physical harm of a person.
26          (2)     Must provide to a health care practitioner or an
27     employee of the department with any complaints received for
28     which actions may be in order
29
30           -----------------------------------------------------
31                          T I T L E   A M E N D M E N T
32          Remove lines 2-9 and insert:
33          An act relating to health care associated free speech;
34          creating s. 456.61, F.S.; prohibiting certain entities
35          from reprimanding, sanctioning, or revoking or
36          threatening to revoke a license, certificate, or
37          registration of a health care practitioner or
38          reprimanding, sanctioning, or terminating employment
39          of an employee of the Department of Health for
40          specified use of his or her right of free speech
41          without specified proof; requiring certain entities to
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      Published On: 2/14/2022 5:07:29 PM
                                    Page 2 of 3
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                           Bill No. PCS for HB 687   (2022)
       Amendment No. 1


42          provide to a health care practitioner or an employee
43          of the department any




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      Published On: 2/14/2022 5:07:29 PM
                                    Page 3 of 3


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