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Florida Statutes § 394.4593

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“Sexual misconduct prohibited; reporting required; penalties under the public health law”

A health care provider who engages in sexual misconduct with a patient who is in the custody of the Department of Health or resides in a mental health facility is guilty of a felony of the second degree. The consent of the patient to sexual activity is not a defense to prosecution.

A health care provider has a duty to report incidents of sexual misconduct by other health care professionals to the Department of Health's central abuse hotline and to the appropriate local law enforcement agency. Any person who fails to make a report is guilty of a misdemeanor of the first degree.

Related laws:

Florida Statutes § 435.03

Florida Statutes § 435.04

Florida Statutes § 943.0585

Florida Statutes § 943.059

Florida Statutes § 1012.315

Florida Statutes § 1012.465



Current as of June 2015