456.074 Certain health care practitioners; immediate suspension of license.—
(1) The department shall issue an emergency order suspending the license of any health care practitioner who pleads guilty to, is convicted or found guilty of, or enters a plea of nolo contendere to, regardless of adjudication, any of the following:
(a) A felony under chapter 409, chapter 817, or chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396.
(b) A misdemeanor or felony under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(c) A felony under s. 784.086, relating to a reproductive battery.
(d) A felony under chapter 782, relating to homicide.
(2) If the board has previously found any physician or osteopathic physician in violation of the provisions of s. 458.331(1)(t) or s. 459.015(1)(x), in regard to her or his treatment of three or more patients, and the probable cause panel of the board finds probable cause of an additional violation of that section, then the State Surgeon General shall review the matter to determine if an emergency suspension or restriction order is warranted. Nothing in this section shall be construed so as to limit the authority of the State Surgeon General to issue an emergency order.
(3) The department may issue an emergency order suspending or restricting the license of any health care practitioner as defined in s. 456.001(4) who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, as defined in s. 112.0455, when the practitioner does not have a lawful prescription and legitimate medical reason for using such drug. The practitioner shall be given 48 hours from the time of notification to the practitioner of the confirmed test result to produce a lawful prescription for the drug before an emergency order is issued.
(4) The department shall issue an emergency order suspending the license of a massage therapist and establishment as those terms are defined in chapter 480 upon receipt of information that the massage therapist; the designated establishment manager as defined in chapter 480; an employee of the establishment; a person with an ownership interest in the establishment; or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of the establishment has been arrested for committing or attempting, soliciting, or conspiring to commit, or convicted or found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s. 796.07 or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(i) Former s. 796.035, relating to the selling or buying of minors into prostitution.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 796.07(4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.
(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(o) Section 827.071, relating to sexual performance by a child.
(p) Section 847.0133, relating to the protection of minors.
(q) Section 847.0135, relating to computer pornography.
(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(s) Section 847.0145, relating to the selling or buying of minors.
(5) The department shall issue an emergency order suspending the license of any health care practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a violation of any of the following criminal offenses in this state or similar offenses in another jurisdiction:
(a) Section 393.135(2), relating to sexual misconduct with an individual with a developmental disability.
(b) Section 394.4593(2), relating to sexual misconduct with a patient who resides in a receiving or treatment facility or is otherwise in the custody of the Department of Children and Families.
(c) Section 456.52(5)(b), relating to prescribing, administering, or performing sex-reassignment prescriptions or procedures for a patient younger than 18 years of age.
(j) Section 794.011, relating to sexual battery, excluding s. 794.011(10).
(k) Section 794.05, relating to unlawful sexual activity with certain minors.
(l) Section 794.08, relating to female genital mutilation.
(m) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(n) Former s. 796.035, relating to the selling or buying of minors into prostitution.
(o) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(p) Section 796.05, relating to deriving support from the proceeds of prostitution.
(q) Section 796.07(4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.
(r) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons younger than 16 years of age.
(s) Section 810.145(8), relating to digital voyeurism of a minor.
(t) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person.
(u) Section 827.071, relating to sexual performance by a child.
(v) Section 847.011, relating to prohibited acts in connection with obscene, lewd, and other materials.
(w) Section 847.012, relating to materials harmful to minors.
(x) Section 847.013, relating to exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.
(y) Section 847.0133, relating to the protection of minors from obscene materials.
(z) Section 847.0135, relating to computer pornography, prohibited computer usage, or traveling to meet minors, excluding s. 847.0135(6).
(aa) Section 847.0137, relating to the transmission of child pornography by electronic device or equipment.
(bb) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(cc) Section 847.0145, relating to the selling or buying of minors.
(dd) Section 856.022, relating to loitering or prowling in close proximity to children.
(ee) Section 895.03, relating to racketeering activity, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this subsection or at least one offense listed in this subsection which was committed with sexual intent or motive.
(ff) Section 916.1075(2), relating to sexual misconduct against a forensic client of a civil or forensic facility for defendants who have a mental illness or an intellectual disability.
(gg) Section 985.701(1), relating to sexual misconduct against a juvenile offender.
(hh) Any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subsection.
(6) The department must issue an emergency order suspending or restricting the registration of an office registered under s. 458.328 or s. 459.0138 upon a finding of probable cause that the office or a physician practicing in the office is not in compliance with the standards of practice for office surgery adopted by the boards pursuant to s. 458.328 or s. 459.0138, as applicable, or is in violation of s. 458.331(1)(v) or s. 459.015(1)(z), and that such noncompliance or violation constitutes an immediate danger to the public.
(7) The department shall issue an emergency order suspending the license of any licensee upon a finding of the State Surgeon General that probable cause exists to believe that the licensee has committed sexual misconduct as defined and prohibited in s. 456.063(1), or the applicable practice act, and that such violation constitutes an immediate danger to the public.
...On December 9, 2010, he entered a plea of nolo contendere in federal court to a charge of conspiracy to commit fraud upon the United States in violation of 18 U.S.C. § 371 . As a result of his conviction, DOH immediately suspended petitioner’s medical license without a hearing pursuant to section 456.074(1), Florida Statutes (2010), which provides in pertinent part: (1) The department shall issue an emergency order suspending the license of any person licensed under chapter 458 ......
...ding that the procedure used is fair under the circumstances.” § 120.60(6)(c), Fla. Stat. (2010); see also Kaplan v. State, Dep’t of Health, 45 So.3d 19, 20 (Fla. 1st DCA 2010) (citing Crudele v. Nelson, 698 So.2d 879, 880 (Fla. 1st DCA 1997)). Section 456.074(1), Florida Statutes, however, requires DOH issue an emergency order suspending a medical license in certain circumstances without regard to specific proof that a petitioner is acting in a way that poses an immediate danger to public safety. In Bethencourt-Miranda v. State, Department of Health, 910 So.2d 927 (Fla. 1st DCA 2005), this court addressed a petitioner’s contention that section 456.074(1) pardoned DOH’s obligation under section 120.60(6) to provide proof in the ESO that the need for suspension was based on public safety and that the practitioner’s actions posed an immediate danger to public safety....
...In doing so, this court concluded DOH was required by the Legislature to suspend licenses immediately for circumstances listed in the section, and thus, “no other findings are necessary to support the agency action.” Bethencourt-Miranda, 910 So.2d at 928 . Based on the foregoing, if section 456.074(1), Florida Statutes, applies to petitioner’s conviction, DOH is required to issue an ESO and no further facts need to be provided in the ESO establishing petitioner’s actions posed an immediate danger to the public. However, petitioner asserts DOH incorrectly found his conviction required an ESO under section 456.074(l)(b). Section 456.074(l)(b) requires DOH issue an ESO when a practitioner has been convicted of a “felony under 18 U.S.C....
...comma is used to set off the phrase); Edgewater Beach Owners Ass’n, Inc. v. Walton County, 833 So.2d 215, 221 (Fla. 1st DCA 2002) (holding the same). Thus, in accordance with the plain meaning of the subsection’s language, the offenses listed in section 456.074(l)(b), which authorize an emergency suspension, must relate to Medicaid. Second, while there has been no Florida case addressing whether “relating to the Medicaid program” in section 456.074(l)(b) modifies all of the enumerated offenses, or only the last offense, this particular subsection was added to Senate Bill 1986, which was originally entitled “A bill to be entitled An act relating to Medicaid.” See Fla....
...Further, the Legislative Bill Analysis evidences the Bill was enacted with the purpose of curtailing the growth of Medicaid fraud in Florida. See Fla. S. Health Reg. Comm., SB 1986 (2009) Bill Analysis (March 26, 2009). As such, it was clearly the Legislature’s intent in enacting section 456.074(l)(b) to authorize the issuance of an ESO only for those enumerated offenses which “relate” to Medicaid....
Published | Florida 1st District Court of Appeal | 2005 WL 2240682
...ions of chapter 458, Florida Statutes. She entered a plea of guilty in United States District Court to a charge of conspiracy to distribute Schedule III and IV controlled substances in violation of Title 21, United States Code, Section 846. Further, section 456.074(1), Florida Statutes (2004), provides: The department shall issue an emergency order suspending the license of any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 464, chapte...
...pter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396. Petitioner argues that the emergency suspension order fails to set forth the factual findings that are required by section 120.60(6)(c), Florida Statutes. We disagree. Because section 456.074(1) requires the department to issue an emergency suspension order in these particular circumstances, no other findings are necessary to support the agency action....
...Mary McNeely petitions for review of an order of the Department of Health summarily suspending her nursing license on an emergency basis. Of the various arguments petitioner presents, we find merit in only one. The statute upon which the agency relies to justify its action, section 456.074(3), Florida Statutes (2000), authorizes summary suspension when a licensee tests positive on a “confirmed drug test, as defined in s....
...ilized. WEBSTER, DAVIS and VAN NORTWICK, JJ., concur. . We do agree with the department that section 112.0455 (the Drug-Free Workplace Act) is relevant in this context only to the extent its definition of a "confirmed drug test” is incorporated in section 456.074(3)....
...Christina Paylan, pro se, for Petitioner.
Therese A. Savona, Chief Appellate Counsel, Department of Health, Tallahassee,
for Respondent.
PER CURIAM.
DENIED. See Mendelsohn v. Fla. Dep’t of Health, 68 So. 3d 965, 967 (Fla. 1st
DCA 2011); § 456.074(1), Fla....
...IAM. Dr. Robert N. Moses petitions this court for review of an action of the Department of Health which suspended his license to practice chiropractic medicine on an emergency basis. This emergency suspension order (ESO) purports to be authorized by section 456.074(4), Florida Statutes (2003), which permits the department to so act when a health care practitioner defaults on student loans, notice is given, and the matter is not corrected: (4) Upon receipt of information that a Florida-licensed h...
...er action by the Department of Health against your professional license.” The December 20, 2002, correspondence can only be regarded as a precursor to the actual notice required by statute which the department must issue before taking action under section 456.074(4), Florida Statutes. We are therefore compelled to agree with petitioner that the ESO is fatally defective in this respect. We also cannot conclude, independent of the legislature’s determination in section 456.074(4), that Dr....
Published | Florida 3rd District Court of Appeal | 2002 WL 662945
...st food and $5.00; and then billing Medicaid. He was sentenced to two years of community control and three years of probation, and ordered to pay costs and restitution. On December 13, 2001, the Department of Health suspended his license pursuant to section 456.074, Florida Statutes (2001), and section 120.60(6), Florida Statutes (2001)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
