HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1579 Discipline of Pediatricians
SPONSOR(S): Professions & Public Health Subcommittee, Aloupis
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee 17 Y, 0 N, As CS Morris McElroy
2) Health & Human Services Committee 20 Y, 0 N Morris Calamas
SUMMARY ANALYSIS
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
regulatory authority over health care practitioners. The MQA works in conjunction with 22 boards and four
councils to license and regulate seven types of health care facilities and more than 40 health care professions.
Each profession is regulated by an individual practice act and by ch. 456, F.S., which provides general
regulatory authority and licensure authority for MQA, including discipline of practitioners.
Under current law, DOH must issue an emergency order suspending the license of a licensed physician,
chiropractor, podiatrist, naturopath, optometrist, nurse, nursing assistant, pharmacist, dentist, optician, or
hearing aid specialist who pleads guilty to or is convicted of certain violations of federal law and offenses
relating to Medicare, fraud, drug offenses, and reproductive battery. CS/HB 1579 expands DOH’s authority to
issue an emergency suspension order to all licensed health care practitioners and adds homicide to the list of
offenses that DOH must issue an emergency suspension order.
CS/HB 1579 requires DOH to issue an emergency order suspending the license if a health care practitioner is
arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a
violation of certain offenses in this state or similar offenses in another jurisdiction. The bill also includes such
offenses as acts that constitute grounds for discipline of a licensed health care practitioner.
The bill has a negative, insignificant fiscal impact on DOH. The bill has no fiscal impacts on local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/14/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Health Care Professional Licensure
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
regulatory authority over health care practitioners. MQA works in conjunction with 22 boards and 4
councils to license and regulate 7 types of health care facilities and more than 40 health care
professions.1 Each profession is regulated by an individual practice act and by ch. 456, F.S., which
provides general regulatory and licensure authority for MQA. MQA is statutorily responsible for the
following boards and professions established within the division:2
The Board of Acupuncture, created under ch. 457, F.S.;
The Board of Medicine, created under ch. 458, F.S.;
The Board of Osteopathic Medicine, created under ch. 459, F.S.;
The Board of Chiropractic Medicine, created under ch. 460, F.S.;
The Board of Podiatric Medicine, created under ch. 461, F.S.;
Naturopathy, as provided under ch. 462, F.S.;
The Board of Optometry, created under ch. 463, F.S.;
The Board of Nursing, created under part I of ch. 464, F.S.;
Nursing assistants, as provided under part II of ch. 464, F.S.;
The Board of Pharmacy, created under ch. 465, F.S.;
The Board of Dentistry, created under ch. 466, F.S.;
Midwifery, as provided under ch. 467, F.S.;
The Board of Speech-Language Pathology and Audiology, created under part I of ch. 468, F.S.;
The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
Respiratory therapy, as provided under part V of ch. 468, F.S.;
Dietetics and nutrition practice, as provided under part X of ch. 468, F.S.;
The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
Electrolysis, as provided under ch. 478, F.S.;
The Board of Massage Therapy, created under ch. 480, F.S.;
The Board of Clinical Laboratory Personnel, created under part III of ch. 483, F.S.;
Medical physicists, as provided under part IV of ch. 483, F.S.;
The Board of Opticianry, created under part I of ch. 484, F.S.;
The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
The Board of Physical Therapy Practice, created under ch. 486, F.S.;
The Board of Psychology, created under ch. 490, F.S.;
School psychologists, as provided under ch. 490, F.S.;
The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
Counseling, created under ch. 491, F.S.; and
Emergency medical technicians and paramedics, as provided under part III of ch. 401, F.S.;
Section 456.0135, F.S., requires physicians, physician assistants, chiropractic physicians, podiatric
physicians, nurses, certified nursing assistants, pharmacy owners, athletic trainers, massage
1 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2019-2020, p.
6, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/2019-2020-annual-report.pdf (last visited
on April 9, 2021).
2 S. 456.001(4), F.S; Id.
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therapists, and massage establishment owners to undergo a Level 2 background screening as a part of
the licensure process. The appropriate regulatory board reviews the background screening results of
an applicant or licensee to determine if there is a disqualifying offense. The only automatic disqualifying
offenses for licensure are the following offenses under federal law or Florida law, or similar law in
another jurisdiction:3
A felony under:
o Chapter 409, related to social and economic assistance;
o Chapter 817, relating to fraudulently practices; and
o Chapter 893, relating to drug abuse prevention and control.
A felony under 21 U.S.C. ss. 801-970, relating to controlled substances, or 42 U.S.C. ss. 1395-
1396, relating to health insurance for the aged and disabled, if the sentence and any
subsequent probation ended less than 15 years before the date of application.
Background Screening
Chapter 435, F.S., establishes standard procedures and requirements for criminal history background
screening of prospective employees. There are two levels of background screening: level 1 and level 2.
Level 1 screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a check of
the Dru Sjodin National Sex Offender Public Website,4 and may include criminal records checks
through local law enforcement agencies. A level 2 background screening includes, but, is not limited to,
fingerprinting for statewide criminal history records checks through FDLE and national criminal history
checks through the Federal Bureau of Investigation (FBI), and may include local criminal records
checks through local law enforcement agencies.5
Every person required by law to be screened pursuant to ch. 435, F.S., must submit a complete set of
information necessary to conduct a screening to his or her employer.6 Such information for a level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE. 7
Disqualifying Offenses
Regardless of whether the screening is level 1 or level 2, the screening employer or agency must make
sure that the applicant has good moral character by ensuring that the employee has not been arrested
for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea
of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or
expunged for, certain offenses under Florida law, or similar law of another jurisdiction.8
Exemption from Disqualification
If an individual is disqualified due to a conviction, plea of nolo contendere, or adjudication of
delinquency to one or more of the disqualifying offenses, s. 435.07, F.S., allows the Secretary of the
appropriate agency to exempt applicants from that disqualification under certain circumstances:9
Three years have elapsed since the individual has completed or been lawfully released from
confinement, supervision, or nonmonetary condition imposed by a court for a disqualifying
felony; or
The applicant has completed or been lawfully released from confinement, supervision, or
nonmonetary condition imposed by a court for a misdemeanor or an offense that was a felony at
the time of commission but is now a misdemeanor.
3 Section 456.0635, F.S.
4 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex
offender registries in one national search site. The website is available at https://www.nsopw.gov/ (last visited April 9, 2021).
5 Section 435.04, F.S.
6 Section 435.05(1)(a), F.S.
7 Sections 435.03(1) and 435.04(1)(a), F.S.
8 Section 435.04(2), F.S.
9 Section 435.07(1), F.S.
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Only the appropriate regulatory board, or the DOH when there is no board, may grant an exemption
from disqualification to a person under the licensing jurisdiction of that board or the DOH, as
applicable.10
Receiving an exemption allows that individual to work despite the disqualifying crime in that person’s
past. However, an individual who is considered a sexual predator,11 career offender,12 or sexual
offender (unless not required to register)13 cannot be exempted from disqualification.14
Discipline
Section 456.072, F.S., authorizes a regulatory board or DOH, if there is no board, to discipline a health
care practitioner’s licensure for a number of offenses, including but not limited to:
Making misleading, deceptive, or fraudulent representations in or related to the practice of the
licensee’s profession;
Making deceptive, untrue, or fraudulent representations in or related to the practice of a
profession or employing a trick or scheme in or related to the practice of a profession; or
Engaging or attempting to engage in sexual misconduct as defined in s. 456.063, F.S.
Sexual misconduct involves a health care practitioner engaging, or attempting to engage, in verbal or
physical sexual activity outside the scope of the professional practice of his or her health care
profession with a patient or client, or an immediate family member, guardian, or representative of a
patient or client.15
If the board or DOH finds that a licensee committed a violation, the board or DOH may:16
Refuse to certify, or to certify with restrictions, an application for a license;
Suspend or permanently revoke a license;
Place a restriction on the licensee’s practice or license;
Impose an administrative fine not to exceed $10,000 for each count or separate offense; if the
violation is for fraud or making a false representation, a fine of $10,000 must be imposed for
each count or separate offense;
Issue a reprimand or letter of concern;
Place the licensee on probation;
Require a corrective action plan;
Refund fees billed and collected from the patient or third party on behalf of the patient; or
Require the licensee to undergo remedial education.
10 Section 456.36, F.S.
11 Section 775.261, F.S.
12 Section 775.261, F.S.
13 Section 943.0435, F.S.
14 Section 435.07(4)(b), F.S.
15 Section 456.063, F.S. A person who commits such sexual misconduct is disqualified from licensure in this state.
16 Section 456.072(2), F.S.
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Emergency Suspension
An emergency suspension order (ESO) is issued by the State Surgeon General against licensees who
pose an immediate threat to the health, safety, and welfare of the people of Florida.17 Section 456.074,
F.S, requires DOH to issue an ESO suspending the license of a licensed physician, chiropractor,
podiatrist, naturopath, optometrist, nurse, nursing assistant, pharmacist, dentist, optician, or hearing aid
specialist who pleads guilty to or is convicted of:18
A felony under:
o Chapter 409, related to social and economic assistance;
o Chapter 817, relating to fraudulently practices; and
o Chapter 893, relating to drug abuse prevention and control.
A felony under 21 U.S.C. ss. 801-970, relating to controlled substances, or 42 U.S.C. ss. 1395-
1396, relating to health insurance for the aged and disabled;
A misdemeanor or felony under:
o 18 U.S.C. s. 669, relating to theft or embezzlement in connection with health care;
o 18 U.S.C. ss. 285-287, relating to taking or using papers relating to claims, conspiracy to
defraud the government with respect to claims, and false, fictitious of fraudulent claims;
o 18 U.S.C. s. 371, relating to conspiracy to commit offense or to defraud United States;
o 18 U.S.C. s. 1001, relating to statements or entries generally;
o 18 U.S.C. s. 1035, relating to false statements relating to health care matters;
o 18 U.S.C. s. 1341, relating to frauds and swindles;
o 18 U.S.C. s. 1343, relating to fraud by wire, radio, or television;
o 18 U.S.C. s. 1347, relating to health care fraud;
o 18 U.S.C. s. 1349, relating to attempt and conspiracy;
o 18 U.S.C. s. 1518, relating to obstruction of criminal investigations of health care
offenses; or
o 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
A felony under s. 784.086, F.S., relating to a reproductive battery.
DOH issued 295 emergency restriction19 and suspension orders against licensees in Fiscal Year 2019-
2020. No orders were overturned on appeal.20
DOH is not currently authorized to suspend the license of a health care practitioner who is convicted or
found guilty of, or who enters a plea of nolo contendere to, regardless of adjudication to felony
homicide. DOH is also not currently authorized to issue an emergency order suspending the license of
a health care practitioner who is arrested for any violation.
17 Section 456.073(8) and 120.60(6), F.S.
18 Section 456.074(1), F.S. and Department of Health, Licensing and Regulation, Enforcement, Administrative Complaint Process,
Prosecution Services, A Quick Guide to the MQA Disciplinary Process Discretionary Emergency Orders – 3 Things to Know,
http://www.floridahealth.gov/licensingand-regulation/enforcement/admin-complaint-process/_documents/a-quick-guide-to-the-mqa-
disciplinary-process-discrtionaryemergency-orders.pdf (last visited April 9, 2021).
19 Emergency restriction orders are issued by the State Surgeon General when a licensee is considered a threat to a segment of the
population, rather than the population at large. Department of Health, Licensing and Regulation, Enforcement, Administrative Complaint
Process, Prosecution Services, A Quick Guide to the MQA Disciplinary Process Discretionary Emergency Orders – 3 Things to Know,
http://www.floridahealth.gov/licensingand-regulation/enforcement/admin-complaint-process/_documents/a-quick-guide-to-the-mqa-
disciplinary-process-discrtionaryemergency-orders.pdf (last visited April 9, 2021).
20 Department of Health, Division of Medical Quality Assurance Annual Report and Long-Range Plan (Fiscal Year 2019-2020),
http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/2019-2020-annual-report.pdf (last visited
April 9, 2021).
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