Bill Text: FL S1762 | 2022 | Regular Session | Introduced


Bill Title: Solicitation of Nonmedical Services

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Commerce and Tourism [S1762 Detail]

Download: Florida-2022-S1762-Introduced.html
       Florida Senate - 2022                                    SB 1762
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00556-22                                           20221762__
    1                        A bill to be entitled                      
    2         An act relating to the solicitation of nonmedical
    3         services; creating s. 501.20791, F.S.; defining terms;
    4         providing that a person who submits or sponsors a
    5         nonmedical solicitation that contains certain
    6         terminology or fails to include specified disclosures
    7         commits a deceptive and unfair trade practice, subject
    8         to the penalties and remedies of the Florida Deceptive
    9         and Unfair Trade Practices Act; creating s. 877.025,
   10         F.S.; defining terms; prohibiting the unauthorized
   11         use, sale, transfer, or disclosure of protected health
   12         information for the purpose of soliciting professional
   13         services; providing that a person who willfully and
   14         knowingly violates such prohibition commits a
   15         deceptive and unfair trade practice, subject to the
   16         penalties and remedies of the Florida Deceptive and
   17         Unfair Trade Practices Act; providing criminal
   18         penalties for willful and knowing violations and
   19         enhanced criminal penalties for violations committed
   20         for financial gain; providing applicability; providing
   21         effective dates.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 501.20791, Florida Statutes, is created
   26  to read:
   27         501.20791Nonmedical solicitation; deceptive and unfair
   28  trade practices.—
   29         (1)As used in this section, the term:
   30         (a)“Client” means a prospective customer, client, or
   31  patron of nonmedical professional services.
   32         (b)“Nonmedical solicitation” means a paid solicitation for
   33  nonmedical professional services which contains information
   34  about a drug or device as defined in s. 499.003 and which is
   35  directed to the public through television; radio; the Internet,
   36  including a domain name; a newspaper or other periodical; an
   37  outdoor advertising sign; or another written, electronic, or
   38  recorded communication.
   39         (c)“Person” has the same meaning as in s. 1.01(3).
   40         (2)A person who submits or approves the submittal of a
   41  nonmedical solicitation for publication, broadcast, or
   42  dissemination, or who pays for or otherwise sponsors a
   43  nonmedical solicitation, commits a deceptive and unfair trade
   44  practice under this part if the solicitation, once published,
   45  broadcast, or disseminated, does any of the following:
   46         (a)Fails to clearly and conspicuously disclose at the
   47  outset of the solicitation the phrase: “This is a paid
   48  advertisement for nonmedical services.”
   49         (b)Includes terminology implying that the advertisement is
   50  a “medical alert,” “health alert,” “consumer alert,” “public
   51  service announcement,” or similar public alert or announcement.
   52         (c)Displays the logo, or a similar facsimile thereof, of a
   53  federal or state governmental agency in a manner implying
   54  affiliation with, or sponsorship by, a governmental agency.
   55         (d)Includes terminology, including use of the term
   56  “recall” when referring to a product, implying that the product
   57  has been recalled when, in fact, the product has not been
   58  recalled by a governmental agency or through agreement between a
   59  manufacturer and a governmental agency.
   60         (e)Fails to clearly and conspicuously disclose the sponsor
   61  of the advertisement.
   62         (f)Fails to clearly and conspicuously disclose the
   63  individual or entity that will provide professional services to
   64  persons responding to the advertisement or how those persons
   65  will be referred to such individual or entity.
   66         (g)Solicits clients who may allege injury from a
   67  prescription drug approved or cleared by, or which is the
   68  subject of a monograph authorized by, the United States Food and
   69  Drug Administration and fails to clearly and conspicuously
   70  disclose the following warning: “Do not stop taking a prescribed
   71  medication without first consulting with your doctor.
   72  Discontinuing a prescribed medication without your doctor’s
   73  advice can result in injury or death.”
   74         (h)Solicits clients who may allege injury from a
   75  prescription drug or medical device approved or cleared by, or
   76  which is the subject of a monograph authorized by, the United
   77  States Food and Drug Administration and fails to clearly and
   78  conspicuously disclose that the drug or medical device remains
   79  approved by the United States Food and Drug Administration,
   80  unless the product is recalled or withdrawn.
   81         (i)Fails to present any disclosure required by this
   82  subsection such that:
   83         1.A written disclosure is clearly legible and, if
   84  televised or displayed electronically, is displayed for
   85  sufficient time to enable the viewer to easily see and fully
   86  read the disclosure.
   87         2.A spoken disclosure is plainly audible and clearly
   88  intelligible.
   89         Section 2. Effective October 1, 2022, section 877.025,
   90  Florida Statutes, is created to read:
   91         877.025Solicitation of nonmedical services; wrongful use
   92  or disclosure of protected health information.—
   93         (1)As used in this section, the term:
   94         (a)“Person” has the same meaning as in s. 1.01(3).
   95         (b)“Protected health information” has the same meaning as
   96  provided in 45 C.F.R. s. 106.103.
   97         (c)“Solicit” means to offer to provide professional
   98  services by written, recorded, or electronic communication or by
   99  in-person, telephone, or real-time electronic contact.
  100         (2)A person may not use, cause to be used, obtain, sell,
  101  transfer, or disclose to another person an individual’s
  102  protected health information, without that individual’s written
  103  authorization, to solicit professional services.
  104         (3)(a)A person who violates subsection (2) commits a
  105  deceptive and unfair trade practice subject to the penalties and
  106  remedies provided in part II of chapter 501.
  107         (b)A person who willfully and knowingly violates
  108  subsection (2) commits a misdemeanor of the first degree,
  109  punishable as provided in s. 775.082 or s. 775.083.
  110         (c)A person who willfully and knowingly violates
  111  subsection (2) with intent to sell, transfer, or use protected
  112  health information for financial gain commits a felony of the
  113  second degree, punishable as provided in s. 775.082, s. 775.083,
  114  or s. 775.084, except that the term of imprisonment may not
  115  exceed 10 years and the fine must be more than $10,000 but may
  116  not exceed $250,000.
  117         (4)This section does not apply to the disclosure of
  118  protected health information to an attorney, or the attorney’s
  119  use of such protected health information, in any judicial or
  120  administrative proceeding or any other use or disclosure
  121  otherwise authorized or required by law.
  122         Section 3. Except as otherwise expressly provided in this
  123  act, this act shall take effect July 1, 2022.

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