(1) The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs, by retaining private counsel pursuant to s. 287.059, or by providing department staff counsel. The primary responsibility of board counsel shall be to represent the interests of the citizens of the state. A board shall provide for the periodic review and evaluation of the services provided by its board counsel. Fees and costs of such counsel shall be paid from a trust fund used by the department to implement this chapter, subject to the provisions of s. 456.025. All contracts for independent counsel shall provide for periodic review and evaluation by the board and the department of services provided.
(2) The department may employ or use the legal services of outside counsel and the investigative services of outside personnel. However, no attorney employed or utilized by the department shall prosecute a matter and provide legal services to the board with respect to the same matter.
(3) Any person retained by the department under contract to review materials, make site visits, or provide expert testimony regarding any complaint or application filed with the department relating to a profession under the jurisdiction of the department shall be considered an agent of the department in determining the state insurance coverage and sovereign immunity protection applicability of ss. 284.31 and 768.28.
History.—s. 60, ch. 97-261; s. 154, ch. 99-251; s. 42, ch. 2000-160.
Note.—Former s. 455.594.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 456 - Health Professions and Occupations: General Provisions
456.003 - Legislative Intent; Requirements.
456.004 - Department; Powers and Duties.
456.005 - Long-Range Policy Planning.
456.006 - Contacting Boards Through Department.
456.008 - Accountability and Liability of Board Members.
456.009 - Legal and Investigative Services.
456.011 - Boards; Organization; Meetings; Compensation and Travel Expenses.
456.012 - Board Rules; Final Agency Action; Challenges.
456.013 - Department; General Licensing Provisions.
456.0135 - General Background Screening Provisions.
456.016 - Use of Professional Testing Services.
456.018 - Penalty for Theft or Reproduction of an Examination.
456.019 - Restriction on Requirement of Citizenship.
456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.
456.023 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.
456.0241 - Temporary Certificate for Active Duty Military Health Care Practitioners.
456.025 - Fees; Receipts; Disposition.
456.027 - Education; Accreditation.
456.029 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.
456.0301 - Requirement for Instruction on Controlled Substance Prescribing.
456.031 - Requirement for Instruction on Domestic Violence.
456.032 - Hepatitis B or HIV Carriers.
456.033 - Requirement for Instruction for Certain Licensees on HIV and Aids.
456.0341 - Requirements for Instruction on Human Trafficking.
456.036 - Licenses; Active and Inactive Status; Delinquency.
456.0361 - Compliance With Continuing Education Requirements.
456.038 - Renewal and Cancellation Notices.
456.039 - Designated Health Care Professionals; Information Required for Licensure.
456.0391 - Advanced Practice Registered Nurses; Information Required for Licensure.
456.0392 - Prescription Labeling.
456.041 - Practitioner Profile; Creation.
456.042 - Practitioner Profiles; Update.
456.043 - Practitioner Profiles; Data Storage.
456.044 - Practitioner Profiles; Rules; Workshops.
456.045 - Practitioner Profiles; Maintenance of Superseded Information.
456.046 - Practitioner Profiles; Confidentiality.
456.048 - Financial Responsibility Requirements for Certain Health Care Practitioners.
456.049 - Health Care Practitioners; Reports on Professional Liability Claims and Actions.
456.0495 - Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births.
456.052 - Disclosure of Financial Interest by Production.
456.054 - Kickbacks Prohibited.
456.055 - Chiropractic and Podiatric Health Care; Denial of Payment; Limitation.
456.056 - Treatment of Medicare Beneficiaries; Refusal, Emergencies, Consulting Physicians.
456.0575 - Duty to Notify Patients.
456.059 - Communications Confidential; Exceptions.
456.063 - Sexual Misconduct; Disqualification for License, Certificate, or Registration.
456.0635 - Health Care Fraud; Disqualification for License, Certificate, or Registration.
456.066 - Prosecution of Criminal Violations.
456.067 - Penalty for Giving False Information.
456.068 - Toll-Free Telephone Number for Reporting of Complaints.
456.069 - Authority to Inspect.
456.071 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.
456.072 - Grounds for Discipline; Penalties; Enforcement.
456.073 - Disciplinary Proceedings.
456.074 - Certain Health Care Practitioners; Immediate Suspension of License.
456.075 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.
456.076 - Impaired Practitioner Programs.
456.077 - Authority to Issue Citations.
456.079 - Disciplinary Guidelines.
456.081 - Publication of Information.
456.082 - Disclosure of Confidential Information.
456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.
456.38 - Practitioner Registry for Disasters and Emergencies.
456.41 - Complementary or Alternative Health Care Treatments.
456.42 - Written Prescriptions for Medicinal Drugs.
456.43 - Electronic Prescribing for Medicinal Drugs.
456.44 - Controlled Substance Prescribing.
456.47 - Use of Telehealth to Provide Services.