(1) Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited.
(2) Each board within the jurisdiction of the department, or the department if there is no board, shall refuse to admit a candidate to any examination and refuse to issue a license, certificate, or registration to any applicant if the candidate or applicant has:
(a) Had any license, certificate, or registration to practice any profession or occupation revoked or surrendered based on a violation of sexual misconduct in the practice of that profession under the laws of any other state or any territory or possession of the United States and has not had that license, certificate, or registration reinstated by the licensing authority of the jurisdiction that revoked the license, certificate, or registration; or
(b) Committed any act in any other state or any territory or possession of the United States which if committed in this state would constitute sexual misconduct.
For purposes of this subsection, a licensing authority’s acceptance of a candidate’s relinquishment of a license which is offered in response to or in anticipation of the filing of administrative charges against the candidate’s license constitutes the surrender of the license.
(3) Licensed health care practitioners shall report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred.
History.—s. 1, ch. 95-183; s. 52, ch. 97-261; s. 78, ch. 99-397; s. 82, ch. 2000-160; s. 25, ch. 2000-318; s. 70, ch. 2001-277.
Note.—Former s. 455.2142; s. 455.567.
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.