Bill Text: FL S1934 | 2021 | Regular Session | Enrolled
Bill Title: Health Care Practitioner Discipline
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-07-06 - Chapter No. 2021-190 [S1934 Detail]
Download: Florida-2021-S1934-Enrolled.html
ENROLLED 2021 Legislature CS for SB 1934 20211934er 1 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 practitioners’ 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. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Paragraph (rr) is added to subsection (1) of 20 section 456.072, Florida Statutes, to read: 21 456.072 Grounds for discipline; penalties; enforcement.— 22 (1) The following acts shall constitute grounds for which 23 the disciplinary actions specified in subsection (2) may be 24 taken: 25 (rr) Being convicted or found guilty of, entering a plea of 26 guilty or nolo contendere to, regardless of adjudication, or 27 committing or attempting, soliciting, or conspiring to commit an 28 act that would constitute a violation of any of the offenses 29 listed in s. 456.074(5) or a similar offense in another 30 jurisdiction. 31 Section 2. Present subsection (5) of section 456.074, 32 Florida Statutes, is redesignated as subsection (6), a new 33 subsection (5) is added to that section, and subsection (1) of 34 that section is amended, to read: 35 456.074 Certain health care practitioners; immediate 36 suspension of license.— 37 (1) The department shall issue an emergency order 38 suspending the license of any health care practitionerperson39licensed under chapter 458, chapter 459, chapter 460, chapter40461, chapter 462, chapter 463, chapter 464, chapter 465, chapter41466,or chapter484who pleads guilty to, is convicted or found 42 guilty of, orwhoenters a plea of nolo contendere to, 43 regardless of adjudication, any of the followingto: 44 (a) A felony under chapter 409, chapter 817, or chapter 893 45 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395 46 1396.;47 (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss. 48 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 49 1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the 50 Medicaid program.; or51 (c) A felony under s. 784.086, relating to a reproductive 52 battery. 53 (d) A felony under chapter 782, relating to homicide. 54 (5) The department shall issue an emergency order 55 suspending the license of any health care practitioner who is 56 arrested for committing or attempting, soliciting, or conspiring 57 to commit any act that would constitute a violation of any of 58 the following criminal offenses in this state or similar 59 offenses in another jurisdiction: 60 (a) Section 393.135(2), relating to sexual misconduct with 61 an individual with a developmental disability. 62 (b) Section 394.4593(2), relating to sexual misconduct with 63 a patient who resides in a receiving or treatment facility or is 64 otherwise in the custody of the Department of Children and 65 Families. 66 (c) Section 787.01, relating to kidnapping. 67 (d) Section 787.02, relating to false imprisonment. 68 (e) Section 787.025(2), relating to luring or enticing a 69 child. 70 (f) Section 787.06(3)(b), (d), (f), or (g), relating to 71 human trafficking for commercial sexual activity. 72 (g) Former s. 787.06(3)(h), relating to human trafficking 73 of a child under the age of 15 for commercial sexual activity. 74 (h) Section 787.07, relating to human smuggling. 75 (i) Section 794.011, relating to sexual battery, excluding 76 s. 794.011(10). 77 (j) Section 794.05, relating to unlawful sexual activity 78 with certain minors. 79 (k) Section 794.08, relating to female genital mutilation. 80 (l) Former s. 796.03, relating to procuring a person under 81 the age of 18 for prostitution. 82 (m) Former s. 796.035, relating to the selling or buying of 83 minors into prostitution. 84 (n) Section 796.04, relating to forcing, compelling, or 85 coercing another to become a prostitute. 86 (o) Section 796.05, relating to deriving support from the 87 proceeds of prostitution. 88 (p) Section 796.07(4)(a)3., relating to a felony of the 89 third degree for a third or subsequent violation of s. 796.07, 90 relating to prohibiting prostitution and related acts. 91 (q) Section 800.04, relating to lewd or lascivious offenses 92 committed upon or in the presence of persons younger than 16 93 years of age. 94 (r) Section 810.145(8), relating to video voyeurism of a 95 minor. 96 (s) Section 825.1025, relating to lewd or lascivious 97 offenses committed upon or in the presence of an elderly person 98 or disabled person. 99 (t) Section 827.071, relating to sexual performance by a 100 child. 101 (u) Section 847.011, relating to prohibited acts in 102 connection with obscene, lewd, and other materials. 103 (v) Section 847.012, relating to materials harmful to 104 minors. 105 (w) Section 847.013, relating to exposing minors to harmful 106 motion pictures, exhibitions, shows, presentations, or 107 representations. 108 (x) Section 847.0133, relating to the protection of minors 109 from obscene materials. 110 (y) Section 847.0135, relating to computer pornography, 111 prohibited computer usage, or traveling to meet minors, 112 excluding s. 847.0135(6). 113 (z) Section 847.0137, relating to the transmission of child 114 pornography by electronic device or equipment. 115 (aa) Section 847.0138, relating to the transmission of 116 material harmful to minors to a minor by electronic device or 117 equipment. 118 (bb) Section 847.0145, relating to the selling or buying of 119 minors. 120 (cc) Section 856.022, relating to loitering or prowling in 121 close proximity to children. 122 (dd) Section 895.03, relating to racketeering activity, if 123 the court makes a written finding that the racketeering activity 124 involved at least one sexual offense listed in this subsection 125 or at least one offense listed in this subsection which was 126 committed with sexual intent or motive. 127 (ee) Section 916.1075(2), relating to sexual misconduct 128 against a forensic client of a civil or forensic facility for 129 defendants who have a mental illness or an intellectual 130 disability. 131 (ff) Section 985.701(1), relating to sexual misconduct 132 against a juvenile offender. 133 (gg) Any similar offense committed in this state which has 134 been redesignated from a former statute number to one of those 135 listed in this subsection. 136 Section 3. This act shall take effect July 1, 2021.