FL S0582

Department of Business and Professional Regulation, Department of Health, and Department of Financial Services must review final board decisions to determine if they constitute anticompetitive conduct that violates state policy or board authority.

Departments shall issue orders approving, modifying, or voiding board decisions based on anticompetitive review, which is limited legal review and not subject to legal challenge.

Final board decisions subject to review include disciplinary orders, declaratory statements, unlicensed activity actions, licensure application denials, and rulemaking.

Legal costs for defending antitrust actions against boards or board members shall be paid from the Professional Regulation Trust Fund, Medical Quality Assurance Trust Fund, or Regulatory Trust Fund depending on the applicable department.

Department officials conducting anticompetitive reviews must not be active market participants.