(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 or establishment as defined in chapter 480 upon receipt of information that the massage therapist, 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 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(2) (a) which is reclassified under s. 796.07(7) or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction: (a) Section 787.01, relating to kidnapping. (b) Section 787.02, relating to false imprisonment. (c) Section 787.025, relating to luring or enticing a child. (d) Section 787.06 , relating to human trafficking. (e) Section 787.07, relating to human smuggling. (f) Section 794.011, relating to sexual battery. (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. (d) Section 787.01, relating to kidnapping. (e) Section 787.02, relating to false imprisonment. (f) Section 787.025(2), relating to luring or enticing a child. (g) Section 787.06(3)(b), (d), (f), or (g), relating to human trafficking for commercial sexual activity. (h) Former s. 787.06( 3)(h), relating to human trafficking of a child under the age of 15 for commercial sexual activity. (i) Section 787.07, relating to human smuggling. (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 video 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.
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Book Code: MFL1227
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