The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

View Entire Chapter

F.S. 456.052

456.052 Disclosure of financial interest by production.—

(1) A health care provider shall not refer a patient to an entity in which such provider is an investor unless, prior to the referral, the provider furnishes the patient with a written disclosure form, informing the patient of:

(a) The existence of the investment interest.

(b) The name and address of each applicable entity in which the referring health care provider is an investor.

(c) The patient’s right to obtain the items or services for which the patient has been referred at the location or from the provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor.

(d) The names and addresses of at least two alternative sources of such items or services available to the patient.

(2) The physician or health care provider shall post a copy of the disclosure forms in a conspicuous public place in his or her office.

(3) A violation of this section shall constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition to any other penalties or remedies provided, a violation of this section shall be grounds for disciplinary action by the respective board.

History.—s. 1, ch. 86-31; s. 84, ch. 91-224; s. 13, ch. 92-178; s. 92, ch. 97-261; s. 76, ch. 2000-160.

Note.—Former s. 455.25; s. 455.701.

F.S. 456.052 on Google Scholar

F.S. 456.052 on Casetext

Amendments to 456.052

Arrestable Offenses / Crimes under Fla. Stat. 456.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.052.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AARMADA PROTECTION SYSTEMS INC. Jr. v. YANDELL, 73 So. 3d 893 (Fla. Dist. Ct. App. 2011)

. . . The defendants maintain that section 456.052, Florida Statutes, prohibits physicians from making self-referrals . . . Section 456.052 states that “[a] health care provider shall not refer a patient to an entity in which . . . to alternative services, and the identities of at least two alternative sources of the services. § 456.052 . . .

GREENBERG, v. MIAMI CHILDREN S HOSPITAL RESEARCH INSTITUTE, INC. s d b a s, 264 F. Supp. 2d 1064 (S.D. Fla. 2003)

. . . . § 456.052 (precluding referrals by health care providers unless their financial interest is disclosed . . .