Designed to be more palatable for medical associations, House members on Tuesday supported an enforcement effort of doctors linked to pill mills and the overprescription of narcotics.
The less potent effort would allow the states surgeon general to restrict, rather than suspend, the license of a doctor facing criminal charges involving prescribed narcotics.
With the Florida Medical Association, the Florida Osteopathic Medical Association and others expressing a need for additional revisions to the bill that is focused on criminal acts involving the medical providers office or work, the Health & Human Services Quality Subcommittee gave reserved backing to HB 1143 that would establish the emergency action.
The bill was crafted as part of the states continued fight against pill mills and prescription drug abuse, said Rep. Fred Costello, R-Ormond Beach, a dentist who sponsored the bill.
The goal is to come up with something that gives the Department of Health and the surgeon general the ability to make sure all prescribers out there understand what is available to the department if they choose to prescribe unethically, illegally, criminally and killing people from it, said Costello.
The bill was initially written to allow the surgeon general to suspend the license of any doctor under investigation, arrested or prosecuted for crimes related to narcotic use or prescriptions.
The change was a compromise with the state medical associations, as it allows physicians to continue to practice.
The decision to drop from suspension to restriction is a good compromise position, said Renee Alsobrook, deputy general counsel for the Florida Department of Health. It does not stop a physician from earning a living; it certainly does impact their profession. But I have to wonder if it does so more than the fact that they were arrested.
The restriction to be imposed on any doctor would still have to be reviewed within 20 days by a region Department of Health probable-cause panel, which is currently the first step for a medical provider when facing suspension or restriction on a license.
Rebecca O'Hara, vice president of Governmental Affairs for the Florida Medical Association, and Steve Winn, executive director of the Florida Osteopathic Medical Association, said the bill continues to give an unelected government agency wide-reaching powers over an individuals professional ability to practice before the first hearing has been held.
Im not trying to dismiss the seriousness of the actwhich the bill sponsor is trying to address, its a very serious problem, but there are other ways to get there, OHara said. Eliminating due process protection from the Constitution is not the way the FMA suggests to go.
OHara suggested procedural safeguards, such as requiring a fact-finding review as well as determining the potential impact to the practice, individual or community of such a restriction.
It really depends on the practice and the individual, what type of prescriptions the physician typically gives, whether they are the only person for miles -- in which case suspending their authority could impact the whole community, she said.
Among those voting against the bill, Rep. Matt Hudson, R-Naples, questioned that the bill doesnt state how the restriction would be enforced, while Rep. Elaine Schwartz, D-Hollywood, expressed concern about oversight.
Im very concerned about the innocent being railroaded, Schwartz said.
Costello said he will continue to work with the FMA and other associations to tweak the bill, including adding a stipulation to say the probable-cause panel must decide within 20 days to continue or end the restriction.
The bill must still go through the House Health and Human Services Committee.
A similar effort is moving in the Senate, SB 594, by Sen. Ronda Storms, R-Brandon.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
