(d) “Impaired practitioner program” means a program established by the department by contract with one or more consultants to serve impaired and potentially impaired practitioners for the protection of the health, safety, and welfare of the public. (e) “Impairment” means a potentially impairing health condition that is the result of the misuse or abuse of alcohol, drugs, or both, or a mental or physical condition that could affect a practitioner’s ability to practice with skill and safety. (f) “Inability to progress” means a determination by a consultant based on a participant’s response to treatment and prognosis that the participant is unable to safely practice despite compliance with treatment requirements and his or her participant contract. (g) “Material noncompliance” means an act or omission by a participant in violation of his or her participant contract as determined by the department or consultant. (h) “Participant” means a practitioner who is participating in the impaired practitioner program by having entered into a participant contract. A practitioner ceases to be a participant when the participant contract is successfully completed or is terminated for any reason. (i) “Participant contract” means a formal written document outlining the requirements established by a consultant for a participant to successfully complete the impaired practitioner program, including the participant’s monitoring plan. (j) “Practitioner” means a person licensed, registered, certified, or regulated by the department under part III of chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I or part II of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; or an applicant for a license, registration, or certification under the same laws. (k) “Referral” means a practitioner who has been referred, either as a self-referral or otherwise, or reported to a consultant for impaired practitioner program services, but who is not under a participant contract. (l) “Treatment program” means a department- approved or consultant-approved residential, intensive outpatient, partial hospitalization, or other program through which an impaired practitioner is treated based on the impaired practitioner’s diagnosis and the treatment plan approved by the consultant. (m) “Treatment provider” means a department- approved or consultant-approved residential state-licensed or nationally certified individual who provides treatment to an impaired practitioner based on the practitioner’s individual diagnosis and a treatment plan approved by the consultant. (2) The department may retain one or more consultants to operate its impaired practitioner program. Each consultant must be: (a) A practitioner licensed under chapter 458, chapter 459, or part I of chapter 464; or (b) An entity that employs: 1. A medical director who is licensed under chapter 458 or chapter 459; or
(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. 459.0139 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. 456.075—Criminal Proceedings Against Licensees; Appearances by Department Representatives In any criminal proceeding against a person licensed by the department to practice a health care profession in this state, a representative of the department may voluntarily appear and furnish pertinent information, make recommendations regarding specific conditions of probation, or provide any other assistance necessary to promote justice or protect the public. The court may order a representative of the department to appear in any criminal proceeding if the crime charged is substantially related to the qualifications, functions, or duties of a health care professional licensed by the department. 456.076—Impaired Practitioner Programs (1) As used in this section, the term: (a) “Consultant” means the individual or entity who operates an approved impaired practitioner program pursuant to a contract with the department and who is retained by the department as provided in subsection (2). (b) “Evaluator” means a state-licensed or nationally certified individual who has been approved by a consultant or the department, who has completed an evaluator training program established by the consultant, and who is therefore authorized to evaluate practitioners as part of an impaired practitioner program. (c) “Impaired practitioner” means a practitioner with an impairment.
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Book Code: MFL1227
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