SB 1934: Health Care Practitioner Discipline After two pediatricians were arrested on child pornography, legislators were shocked that such an arrest did not result in an automatic suspension of their medical license. Thus, legislation was passed to make sure certain offenses trigger action by DOH.
• Amends s. 456.072, F.S., to add to
the list of offenses that are grounds for disciplinary action against the license of a health care practitioner regulated by the Department of Health (DOH), for: Being convicted, found guilty, pleading guilty, or pleading nolo contendere, regardless of adjudication, to any of the crimes listed in s. 456.074(5), F.S., as amended; or Attempting, soliciting, or conspiring to commit an act that would constitute a crime listed in s. 456.074(5), F.S., or similar crime in another jurisdiction.
• Amends s. 456.074(1), F.S., to add
homicide to list of offenses that require the DOH to issue an Emergency Suspension Order (ESO) and broadens the application to any health care practitioner, instead of those currently listed in statute, if he or she pleads guilty to, is convicted or found guilty of, or who enter pleads nolo contendere to, regardless of adjudication.
• Amends s. 456.074(2), F.S., to specify
offenses that require the DOH to issue an ESO against any health care practitioner who is arrested for such offenses. The bill requires the DOH to issue an ESO if a health care practitioner is arrested for committing or attempting, soliciting, or conspiring to commit any one of the listed criminal offenses involving a child, an individual with mental or physical disabilities, or the elderly, or a similar offense in another jurisdiction.
• Directs the Office of Program
Policy Analysis and Government Accountability (OPPAGA) to analyze state laws and rules relating to grounds for health care practitioner discipline and ESOs of licenses, specifically with respect to criminal offenses, and to report to Executive and Legislative Branch leadership by January 1, 2022.
SIGNED INTO LAW & GLITCH BILLS ARE NEEDED The following bills will be priorities for FCEP next session:
HB 241: Parents’ Bill of Rights HB 241 creates Chapter 1014, Florida Statutes, as the “Parents’ Bill of Rights.” The law enumerates parental rights with respect to his or her minor child for education, health care, and criminal justice procedures. The bill prohibits a governmental entity from infringing upon the fundamental right of a parent to direct the upbringing, education, health care, and mental health of his or her minor child. Though more the 75% of the bill relates to the education system, the bill further requires a parent’s permission before a health care practitioner may provide services, prescribe medicine to the child, or perform a medical procedure, unless otherwise provided by law. The bill provides a misdemeanor penalty for a health care practitioner or similar person who violates the health care provisions and subjects these persons to disciplinary actions. At the request of FCEP, the Senate bill contained an exemption for acute care (point of injury care) or care provided by a volunteer team physician, but the Senate sponsor took up the House bill, thus excluding the exemption. Current law does include an exemption from written consent for emergency care in hospital emergency departments or provided by EMS.
HB 833: Unlawful Use of DNA The bill creates the “Protecting DNA Privacy Act.” The bill creates new crimes prohibiting a person from willfully, and without express consent:
• Collecting or retaining another
person’s DNA sample with intent to analyze such sample, as a first degree misdemeanor.
• Disclosing another person’s DNA
analysis results to a third party, unless such results were previously voluntarily disclosed by the person whose DNA was analyzed, as a third degree felony.
• Selling or otherwise transferring
another person’s DNA sample or analysis results to a third party, as a second degree felony.
• Under the bill, “express consent”
means authorization from a person or his or her legal guardian or representative, evidenced by an affirmative act demonstrating an intentional decision, after receiving a clear and prominent disclosure regarding the specified purpose for the collection, use, retention, maintenance, or disclosure of the DNA sample or analysis thereof.
The bill clarifies current law by providing that “exclusive property” means a person’s right to exercise control over his or her DNA sample or analysis with regard to the collection, use, retention, maintenance, disclosure, or destruction of such sample or analysis. The bill defines the terms “DNA analysis” and “DNA sample” and authorizes a separate criminal penalty for each instance of unlawful collection or retention, submission or analysis, disclosure, or sale of a person’s DNA sample or analysis results. The bill applies only to the use, retention, maintenance and disclosure of a DNA sample collected from a person in Florida after the bill is effective and does not apply to a DNA sample, analysis, or analysis results when used for specified purposes such as criminal investigation, determining paternity, complying with a court order, conducting specified research, or other healthcare purposes. ■
More Online: Find bill analyses and other resources in the online version of this article.
• Submitting another person’s DNA
sample for analysis or conducting or procuring the conducting of such analysis, as a third degree felony.
EMpulse Summer 2021
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