Amendment

Bill No. 1062

Amendment No. 481687

CHAMBER ACTION
Senate		House
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1	Representative Garcia offered the following:
2
3	Amendment (with title amendment)
4	On page 61, between lines 19 and 20, insert:
5	Section 43.  Section 458.3312, Florida Statutes, is amended
6	to read:
7	458.3312  Specialties.--A physician licensed under this
8	chapter may not hold himself or herself out as a board-certified
9	specialist unless the physician has received formal recognition
10	as a specialist from a specialty board of the American Board of
11	Medical Specialties, a board of certification of the American
12	Association of Physician Specialists, Inc., or another other
13	recognizing agency approved by the board. The American Board of
14	Medical Specialties and the American Association of Physician
15	Specialists, Inc., may not lower their standards for board
16	certification. The board may act to rescind recognition of the
17	American Board of Medical Specialties or the American
18	Association of Physician Specialists, Inc., as a specialty
19	certifying organization only if it establishes by clear and
20	convincing evidence that certification standards have been
21	adopted that affirmatively lower the requirements for specialty
22	certification by that organization. However, a physician may
23	indicate the services offered and may state that his or her
24	practice is limited to one or more types of services when this
25	accurately reflects the scope of practice of the physician.
26	Section 44.  Paragraph (a) of subsection (1) of section
27	456.039, Florida Statutes, is amended to read:
28	456.039  Designated health care professionals; information
29	required for licensure.--
30	(1)  Each person who applies for initial licensure as a
31	physician under chapter 458, chapter 459, chapter 460, or
32	chapter 461, except a person applying for registration pursuant
33	to ss. 458.345 and 459.021, must, at the time of application,
34	and each physician who applies for license renewal under chapter
35	458, chapter 459, chapter 460, or chapter 461, except a person
36	registered pursuant to ss. 458.345 and 459.021, must, in
37	conjunction with the renewal of such license and under
38	procedures adopted by the Department of Health, and in addition
39	to any other information that may be required from the
40	applicant, furnish the following information to the Department
41	of Health:
42	(a)1.  The name of each medical school that the applicant
43	has attended, with the dates of attendance and the date of
44	graduation, and a description of all graduate medical education
45	completed by the applicant, excluding any coursework taken to
46	satisfy medical licensure continuing education requirements.
47	2.  The name of each hospital at which the applicant has
48	privileges.
49	3.  The address at which the applicant will primarily
50	conduct his or her practice.
51	4.  Any certification that the applicant has received from
52	a specialty board that is recognized by the board to which the
53	applicant is applying.
54	5.  The year that the applicant began practicing medicine.
55	6.  Any appointment to the faculty of a medical school
56	which the applicant currently holds and an indication as to
57	whether the applicant has had the responsibility for graduate
58	medical education within the most recent 10 years.
59	7.  A description of any criminal offense of which the
60	applicant has been found guilty, regardless of whether
61	adjudication of guilt was withheld, or to which the applicant
62	has pled guilty or nolo contendere. A criminal offense committed
63	in another jurisdiction which would have been a felony or
64	misdemeanor if committed in this state must be reported. If the
65	applicant indicates that a criminal offense is under appeal and
66	submits a copy of the notice for appeal of that criminal
67	offense, the department must state that the criminal offense is
68	under appeal if the criminal offense is reported in the
69	applicant's profile. If the applicant indicates to the
70	department that a criminal offense is under appeal, the
71	applicant must, upon disposition of the appeal, submit to the
72	department a copy of the final written order of disposition.
73	8.  A description of any final disciplinary action taken
74	within the previous 10 years against the applicant by the agency
75	regulating the profession that the applicant is or has been
76	licensed to practice, whether in this state or in any other
77	jurisdiction, by a specialty board that is recognized by the
78	American Board of Medical Specialties, the American Association
79	of Physician Specialists, Inc., the American Osteopathic
80	Association, or a similar national organization, or by a
81	licensed hospital, health maintenance organization, prepaid
82	health clinic, ambulatory surgical center, or nursing home.
83	Disciplinary action includes resignation from or nonrenewal of
84	medical staff membership or the restriction of privileges at a
85	licensed hospital, health maintenance organization, prepaid
86	health clinic, ambulatory surgical center, or nursing home taken
87	in lieu of or in settlement of a pending disciplinary case
88	related to competence or character. If the applicant indicates
89	that the disciplinary action is under appeal and submits a copy
90	of the document initiating an appeal of the disciplinary action,
91	the department must state that the disciplinary action is under
92	appeal if the disciplinary action is reported in the applicant's
93	profile.
94	9.  Relevant professional qualifications as defined by the
95	applicable board.
96
97	================= T I T L E  A M E N D M E N T =================
98	Remove page 1, line 2 through page 8, line 15 and insert:
99	An act relating to health care; creating s. 400.0712, F.S.;
100	authorizing the Agency for Health Care Administration to issue
101	inactive licenses to nursing homes for all or a portion of their
102	beds under certain circumstances; providing requirements for
103	application for and issuance of such licenses; providing
104	rulemaking authority; amending s. 400.071, F.S.; deleting a
105	provision relating to issuance of inactive licenses, to conform;
106	amending s. 400.021, F.S.; redefining the term "resident care
107	plan," as used in part II of ch. 400, F.S.; amending s. 400.23,
108	F.S.; providing that certain information from the agency must be
109	promptly updated to reflect the most current agency actions;
110	amending s. 400.211, F.S.; revising inservice training
111	requirements for persons employed as nursing assistants in a
112	nursing home facility; amending s. 464.203, F.S.; providing that
113	a person must pass the required background screening as a part
114	of the certification process for certified nursing assistants;
115	revising the requirements for conducting the background
116	screening; requiring the Agency for Health Care Administration
117	to post information relating to background screening in its
118	database, after January 1, 2005; requiring that the database be
119	available to employers and prospective employers; amending s.
120	400.215, F.S.; providing that a person who has been screened
121	under certain provisions of law is not required to be rescreened
122	to be employed in a nursing home; amending s. 400.441, F.S.;
123	requiring facilities to conduct a minimum number of resident
124	elopement prevention and response drills annually; amending s.
125	400.619, F.S.; removing the requirement that moneys collected by
126	the Department of Elderly Affairs be used for training and
127	education of adult family-care home providers; amending s.
128	408.034, F.S.; requiring the nursing-home-bed-need methodology
129	established by the agency by rule to include a goal of
130	maintaining a specified subdistrict average occupancy rate;
131	amending s. 408.036, F.S., relating to health-care-related
132	projects subject to review for a certificate of need; subjecting
133	certain projects relating to replacement of a nursing home and
134	relocation of nursing home beds to expedited review; revising
135	requirements for certain projects relating to the addition of
136	nursing home beds which are exempt from review; exempting from
137	review certain projects relating to replacement of a licensed
138	nursing home bed on the same site or nearby and consolidation or
139	combination of licensed nursing homes or transfer of beds
140	between licensed nursing homes within the same planning
141	subdistrict; providing rulemaking authority; providing for
142	assessment of exemption-request fees; amending s. 52, ch. 2001-
143	45, Laws of Florida; specifying nonapplication of a moratorium
144	on certificates of need and authorizing approval of certain
145	certificates of need for certain counties under certain
146	circumstances; providing review requirements and bed
147	limitations; amending s. 651.118, F.S.; revising provisions
148	relating to use of sheltered nursing home beds at a continuing
149	care facility by persons who are not residents of the continuing
150	care facility; amending s. 395.003, F.S.; requiring a report by
151	the Agency for Health Care Administration regarding the
152	licensure of emergency departments located off the premises of
153	hospitals; prohibiting the issuance of licenses for such
154	departments before July 1, 2005; amending s. 430.701, F.S.;
155	authorizing the agency to seek federal approval to limit new
156	enrollment to the diversion provider network under certain
157	circumstances; providing that the Department of Elderly Affairs
158	is not constrained from approving certain service expansion by
159	an approved provider; amending s. 400.9935, F.S.; providing for
160	posting of signs in health care facilities relating to rewards
161	for information concerning specified crimes investigated by the
162	Division of Insurance Fraud; providing for inspections by an
163	employee of the division; creating s. 395.1053, F.S.; providing
164	for posting of signs in hospitals relating to rewards for
165	information concerning specified crimes investigated by the
166	Division of Insurance Fraud; providing for inspections by an
167	employee of the division; providing for posting of signs in
168	physician-operated walk-in clinics relating to rewards for
169	information concerning specified crimes investigated by the
170	Division of Insurance Fraud; providing for inspections by an
171	employee of the division; amending s. 400.9905, F.S.; revising
172	the definitions of "clinic" and "medical director" and defining
173	"mobile clinic" and "portable equipment provider" for purposes
174	of the Health Care Clinic Act; providing that certain entities
175	providing oncology or radiation therapy services are exempt from
176	the licensure requirements of part XIII of ch. 400, F.S.;
177	providing legislative intent with respect to such exemption;
178	providing for retroactive application; amending s. 400.991,
179	F.S.; requiring each mobile clinic to obtain a health care
180	clinic license; requiring a portable equipment provider to
181	obtain a health care clinic license for a single office and
182	exempting such a provider from submitting certain information to
183	the Agency for Health Care Administration; revising the date by
184	which an initial application for a health care clinic license
185	must be filed with the agency; revising the definition of
186	"applicant"; amending s. 400.9935, F.S.; providing that an
187	exemption from licensure is not transferable; providing that the
188	agency may charge a fee of applicants for certificates of
189	exemption; providing that the agency may deny an application or
190	revoke a license under certain circumstances; amending s.
191	400.995, F.S.; providing that the agency may deny, revoke, or
192	suspend specified licenses and impose fines for certain
193	violations; providing that a temporary license expires after a
194	notice of intent to deny an application is issued by the agency;
195	providing that persons or entities made exempt under the act and
196	which have paid the clinic licensure fee to the agency are
197	entitled to a partial refund from the agency; providing that
198	certain persons or entities are not in violation of part XIII of
199	ch. 400, F.S., due to failure to apply for a clinic license by a
200	specified date; providing that certain payments may not be
201	denied to such persons or entities for failure to apply for or
202	obtain a clinic license before a specified date; providing a
203	short title; requiring the Agency for Workforce Innovation to
204	establish a pilot program for delivery of certified geriatric
205	specialty nursing education; specifying eligibility requirements
206	for certified nursing assistants to obtain certified geriatric
207	specialty nursing education; specifying requirements for the
208	education of certified nursing assistants to prepare for
209	certification as a certified geriatric specialist; creating a
210	Certified Geriatric Specialty Nursing Initiative Steering
211	Committee; providing for the composition of and manner of
212	appointment to the Certified Geriatric Specialty Nursing
213	Initiative Steering Committee; providing responsibilities of the
214	steering committee; providing for reimbursement for per diem and
215	travel expenses; requiring the Agency for Workforce Innovation
216	to conduct or contract for an evaluation of the pilot program
217	for delivery of certified geriatric specialty nursing education;
218	requiring the evaluation to include recommendations regarding
219	the expansion of the delivery of certified geriatric specialty
220	nursing education in nursing homes; requiring the Agency for
221	Workforce Innovation to report to the Governor and Legislature
222	regarding the status and evaluation of the pilot program;
223	creating s. 464.0125, F.S.; providing definitions; providing
224	requirements for persons to become certified geriatric
225	specialists; specifying fees; providing for articulation of
226	geriatric specialty nursing coursework and practical nursing
227	coursework; providing practice standards and grounds for which
228	certified geriatric specialists may be subject to discipline by
229	the Board of Nursing; creating restrictions on the use of
230	professional nursing titles; prohibiting the use of certain
231	professional titles; providing penalties; authorizing approved
232	nursing programs to provide education for the preparation of
233	certified geriatric specialists without further board approval;
234	authorizing certified geriatric specialists to supervise the
235	activities of others in nursing home facilities according to
236	rules by the Board of Nursing; revising terminology relating to
237	nursing to conform to the certification of geriatric
238	specialists; amending s. 381.00315, F.S.; revising requirements
239	for the reactivation of the licenses of specified health care
240	practitioners in the event of a public health emergency to
241	include certified geriatric specialists; amending s. 400.021,
242	F.S.; including services provided by a certified geriatric
243	specialist within the definition of nursing service; amending s.
244	400.211, F.S.; revising requirements for persons employed as
245	nursing assistants to conform to the certification of certified
246	geriatric specialists; amending s. 400.23, F.S.; specifying that
247	certified geriatric specialists shall be considered licensed
248	nursing staff; authorizing licensed practical nurses to
249	supervise the activities of certified geriatric specialists in
250	nursing home facilities according to rules adopted by the Board
251	of Nursing; amending s. 409.908, F.S.; revising the methodology
252	for reimbursement of Medicaid program providers to include
253	services of certified geriatric specialists; amending s.
254	458.303, F.S.; revising exceptions to the practice of medicine
255	to include services delegated to a certified geriatric
256	specialist under specified circumstances; amending s. 1009.65,
257	F.S.; revising eligibility for the Medical Education
258	Reimbursement and Loan Repayment Program to include certified
259	geriatric specialists; amending s. 1009.66, F.S.; revising
260	eligibility requirements for the Nursing Student Loan
261	Forgiveness Program to include certified geriatric specialists;
262	providing an appropriation; amending s. 464.201, F.S.; defining
263	terms; amending s. 464.202, F.S.; authorizing the Board of
264	Nursing to adopt rules regarding the practice and supervision of
265	certified nursing assistants; amending s. 458.3312, F.S.;
266	authorizing physicians to be certified as specialists by a board
267	of certification of the American Association of Physician
268	Specialists, Inc.; prohibiting lowering of certification
269	standards; providing for rescinding of certification authority
270	under certain circumstances; amending s. 456.039, F.S., to
271	conform; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.