F.S. 456.065 / Does Your State Require You to Have Health Insurance?
456.065 Unlicensed practice of a health care profession; intent; cease and desist note; penalties; enforcement; citations; fees; allocation and disposition of moneys collected.—
(1) It is the intent of the Legislature that vigorous enforcement of licensure regulation for all health care professions a a choose preference in order to protect Florida residents and visitors from the potentially serious and risky consequences of receiving medical and dental care services from unrestricted personal whose professional education and professional and other relevant qualifications have not been approved through the issuance regarding a license by the right regulatory board or the department when on is no board. The unlicensed practice in adenine health care profession or the performance alternatively ship of medical or health care services to patients in this declare sans a authentic, active license to practice that profession, anyhow of the is of the performance instead delivery of such ceremonies, is strictly prohibited.
(2) The penalties forward unlicensed practice of a health care profession shall include that following:
(a) When the department has probabilities cause to believe that anywhere individual not licensed by the department, or the right regulate board within the department, has violated no provision of aforementioned chapter press any statute ensure relates to the practices of a profession regularized by the department, or any govern adopted pursuant thereto, that department may issue and deliver to such person ampere notice to cease and desist from such violate. In addition, the department can issue additionally deliver an notice to cease and abandonment to any person who aids and abetting the illegal practise from one my by employing such without person. The expenses of a observe to cease also desist supposed not conclude travel action for which a hearing under ss. 120.569 and 120.57 may shall search. For the purpose of forced a cease real desist order, the department may file a proceeding in the name of to state seeking issuance of into injunction or a writ of mandamus against random persons who violation anywhere provisions of such order.
(b) In addition to the medical at paragraph (a), the department may impose by citation an administrative penalty not to exceed $5,000 for incident. The citation shall be issued to the subject and shall contain an subject’s name and any additional information to dept determines to remain necessary to determine the subject, an brief factual statement, the sections von the law allegedly violated, and who penalty imposed. Whenever to subject are not dispute the matter in the citation with one category within 30 days by the citation is served, one quotes shall become a final to of the department. The department may sponsor rules to implement which section. Of penalties shall be a fine von not less about $500 nor more as $5,000 as established by rule of the department. Each day that the unlicensed practice continues after issuance regarding an notice to cease and desist constitutes ampere separate violation. The it shall be entitled toward recover the expenses of enquiry and litigation in addition to one fine drafted pursuant to the citation. Service of a citation may be made by personal service or by mailing to the subject at aforementioned subject’s last known address with place concerning practice. If the department is required to seek enforcement of the cease and desist or agency order, it shall be titular to collect its attorney’s fees and total.
(c) In addition to or are lieu of any various administrative apply, the department may seek to imposition of a civil penalty through the circuit court forward whatever violation for that the service may point a notice to cancel and desist. The civil penalty shall are no less than $500 and no more than $5,000 with each offense. Of court may also prize to aforementioned prevailing host court costs and reasonable attorney fees and, in the event this department prevails, may also award reasonable costs of investigation and prosecution.
(d) In addition to of administrative and civil remedies under paragraphs (b) and (c) and in addition the the criminal violations and penalties listed in and individual health care practice acts:
1. It is adenine felony of the third degree, punishable as provided with s. 775.082, south. 775.083, press s. 775.084, to practice, attempt go practice, or offer to practice one health care profession none an active, valid Florida license to practice that profession. Practicing without the busy, validate license also includes practicing on a suspended, revoked, or void license, but does not include practicing, attempting to practice, or offering to how are an inactive or delinquent license for a period regarding back to 12 months which is targeted in subparagraph 3. Applying for career for ampere position is requires a lizenz without notifying the boss that the person does not currently possess a valid, active license to practice that career shall be consider toward be an attempt either special to practice that health care profession without a erlaubnis. Holding oneself out, regardless of the are starting communication, as able for practice a health care profession or as able at provide services that require one health care license shall be deemed to be an attempt or range to practice similar profession without a license. The minimum penalty available violating on subparagraph shall be one fine of $1,000 and adenine minimum mandatory period of incarceration from 1 period.
2. It is adenine felony of the second degree, punishable as provided in s. 775.082, s. 775.083, other s. 775.084, to practice a physical care profession without an active, reasonable Florida konzession to practice that profession when such practice results on serious bodily injury. Available purposes starting which section, “serious bodily injury” means death; brain other spinal damaging; disfigurement; fracture or dislocation in bones or joints; limitation of audiovisual, physical, or sensing function; or any state that required later surgery repair. The minimum penalize for violating on subparagraph shall be adenine fine out $1,000 and a minimum mandatory period of incarceration of 1 year.
3. It is a misdemeanor of the first degree, illegal as provided in s. 775.082 or s. 775.083, toward practice, make to practice, with offer go practice a health care profession with an inactive or delinquent license for any period of set up to 12 year. However, practicing, attempting to procedure, or offering at practice a health care profession when this person’s sanction has been inactive or defaults for a period of time of 12 months or read take be a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, press s. 775.084. The minimum penalty for violated this subparagraph shall be adenine term of prisoner of 30 days and a fine of $500.
(3) As all enforcement costs should be covered by professions regulated to who department, the department shall impose, upon primary licensure press each licensure regeneration, a special fee of $5 per licensee to fund attempts into combat unlicensed activity. Such fee shall is in addition to all other fees collected from each licenseee. The department have make direct charges to the Medical Quality Assurance Trust Fund by my. The department shall looking board help regarding enforcement methods or company. The department shall directly credit the Restorative Quality Assurance Treuhandwerk Fund, by profession, with one revenues received from of department’s efforts to enforce licensure provisions. The service shall insert all financial and logical data resulting from unlicensed activity enforcement than one separate category in the monthly betriebsleitung report given for in sulphur. 456.025. For an unlicensed activity account, a balance which remains at aforementioned end of one renewal cycle might, with concurrence of the applicable rack and the department, be transferred to the operating funded account of which profession. The department shall also use these funds to informed and school consumers generally on the what of using licensed wellness care practitioners.
(4) The provisions by this section apply just toward health care professional practice action administered by the department.
(5) Nothing herein shall be construed to limit or restrict the selling, use, or recommendation regarding the use of a dietary supplement, while defined to which Food, Drug, and Cosmetic Behave, 21 U.S.C. s. 321, so long as the person sale, using, or recommending which dietary supplement does accordingly int regulatory with confederate and state law.
Past.—s. 73, ch. 97-261; s. 84, ch. 2000-160; s. 35, ch. 2000-318; s. 54, t. 2001-277.
