Florida Senate - 2011                                    SB 2038
       
       
       
       By Senator Braynon
       
       
       
       
       33-02417-11                                           20112038__
    1                        A bill to be entitled                      
    2         An act relating to medical practice; amending ss.
    3         458.348 and 459.025, F.S.; deleting certain
    4         requirements for the supervision of certain advanced
    5         registered nurse practitioners and physician
    6         assistants at medical offices other than the primary
    7         practice location of a physician or osteopathic
    8         physician; deleting requirements for disclosure of
    9         certain information to, and for the initial
   10         examination of, a patient upon referral by another
   11         practitioner; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsection (6) of section 458.348,
   16  Florida Statutes, is redesignated as subsection (5), and
   17  subsection (4) and present subsection (5) of that section are
   18  amended, to read:
   19         458.348 Formal supervisory relationships, standing orders,
   20  and established protocols; notice; standards.—
   21         (4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
   22  physician who supervises an advanced registered nurse
   23  practitioner or physician assistant at a medical office other
   24  than the physician’s primary practice location, where the
   25  advanced registered nurse practitioner or physician assistant is
   26  not under the onsite supervision of a supervising physician,
   27  must comply with the standards set forth in this subsection. For
   28  the purpose of this subsection, a physician’s “primary practice
   29  location” means the address reflected on the physician’s profile
   30  published pursuant to s. 456.041.
   31         (a) A physician who is engaged in providing primary health
   32  care services may not supervise more than four offices in
   33  addition to the physician’s primary practice location. For the
   34  purpose of this subsection, “primary health care” means health
   35  care services that are commonly provided to patients without
   36  referral from another practitioner, including obstetrical and
   37  gynecological services, and excludes practices providing
   38  primarily dermatologic and skin care services, which include
   39  aesthetic skin care services.
   40         (b) A physician who is engaged in providing specialty
   41  health care services may not supervise more than two offices in
   42  addition to the physician’s primary practice location. For the
   43  purpose of this subsection, “specialty health care” means health
   44  care services that are commonly provided to patients with a
   45  referral from another practitioner and excludes practices
   46  providing primarily dermatologic and skin care services, which
   47  include aesthetic skin care services.
   48         (c) A physician who supervises an advanced registered nurse
   49  practitioner or physician assistant at a medical office other
   50  than the physician’s primary practice location, where the
   51  advanced registered nurse practitioner or physician assistant is
   52  not under the onsite supervision of a supervising physician and
   53  the services offered at the office are primarily dermatologic or
   54  skin care services, which include aesthetic skin care services
   55  other than plastic surgery, must comply with the standards
   56  listed in subparagraphs 1.-4. Notwithstanding s.
   57  458.347(4)(e)7., a physician supervising a physician assistant
   58  pursuant to this paragraph may not be required to review and
   59  cosign charts or medical records prepared by such physician
   60  assistant.
   61         1. The physician shall submit to the board the addresses of
   62  all offices where he or she is supervising an advanced
   63  registered nurse practitioner or a physician’s assistant which
   64  are not the physician’s primary practice location.
   65         2. The physician must be board certified or board eligible
   66  in dermatology or plastic surgery as recognized by the board
   67  pursuant to s. 458.3312.
   68         3. All such offices that are not the physician’s primary
   69  place of practice must be within 25 miles of the physician’s
   70  primary place of practice or in a county that is contiguous to
   71  the county of the physician’s primary place of practice.
   72  However, the distance between any of the offices may not exceed
   73  75 miles.
   74         4. The physician may supervise only one office other than
   75  the physician’s primary place of practice except that until July
   76  1, 2011, the physician may supervise up to two medical offices
   77  other than the physician’s primary place of practice if the
   78  addresses of the offices are submitted to the board before July
   79  1, 2006. Effective July 1, 2011, the physician may supervise
   80  only one office other than the physician’s primary place of
   81  practice, regardless of when the addresses of the offices were
   82  submitted to the board.
   83         (d) A physician who supervises an office in addition to the
   84  physician’s primary practice location must conspicuously post in
   85  each of the physician’s offices a current schedule of the
   86  regular hours when the physician is present in that office and
   87  the hours when the office is open while the physician is not
   88  present.
   89         (e) This subsection does not apply to health care services
   90  provided in facilities licensed under chapter 395 or in
   91  conjunction with a college of medicine, a college of nursing, an
   92  accredited graduate medical program, or a nursing education
   93  program; not-for-profit, family-planning clinics that are not
   94  licensed pursuant to chapter 390; rural and federally qualified
   95  health centers; health care services provided in a nursing home
   96  licensed under part II of chapter 400, an assisted living
   97  facility licensed under part I of chapter 429, a continuing care
   98  facility licensed under chapter 651, or a retirement community
   99  consisting of independent living units and a licensed nursing
  100  home or assisted living facility; anesthesia services provided
  101  in accordance with law; health care services provided in a
  102  designated rural health clinic; health care services provided to
  103  persons enrolled in a program designed to maintain elderly
  104  persons and persons with disabilities in a home or community
  105  based setting; university primary care student health centers;
  106  school health clinics; or health care services provided in
  107  federal, state, or local government facilities. Subsection (3)
  108  and this subsection do not apply to offices at which the
  109  exclusive service being performed is laser hair removal by an
  110  advanced registered nurse practitioner or physician assistant.
  111         (5) REQUIREMENTS FOR NOTICE AND REVIEW.—Upon initial
  112  referral of a patient by another practitioner, the physician
  113  receiving the referral must ensure that the patient is informed
  114  of the type of license held by the physician and the type of
  115  license held by any other practitioner who will be providing
  116  services to the patient. When scheduling the initial examination
  117  or consultation following such referral, the patient may decide
  118  to see the physician or any other licensed practitioner
  119  supervised by the physician and, before the initial examination
  120  or consultation, shall sign a form indicating the patient’s
  121  choice of practitioner. The supervising physician must review
  122  the medical record of the initial examination or consultation
  123  and ensure that a written report of the initial examination or
  124  consultation is furnished to the referring practitioner within
  125  10 business days following the completion of the initial
  126  examination or consultation.
  127         Section 2. Present subsection (5) of section 459.025,
  128  Florida Statutes, is redesignated as subsection (4), and
  129  subsection (3) and present subsection (4) of that section are
  130  amended, to read:
  131         459.025 Formal supervisory relationships, standing orders,
  132  and established protocols; notice; standards.—
  133         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
  134  An osteopathic physician who supervises an advanced registered
  135  nurse practitioner or physician assistant at a medical office
  136  other than the osteopathic physician’s primary practice
  137  location, where the advanced registered nurse practitioner or
  138  physician assistant is not under the onsite supervision of a
  139  supervising osteopathic physician, must comply with the
  140  standards set forth in this subsection. For the purpose of this
  141  subsection, an osteopathic physician’s “primary practice
  142  location” means the address reflected on the physician’s profile
  143  published pursuant to s. 456.041.
  144         (a) An osteopathic physician who is engaged in providing
  145  primary health care services may not supervise more than four
  146  offices in addition to the osteopathic physician’s primary
  147  practice location. For the purpose of this subsection, “primary
  148  health care” means health care services that are commonly
  149  provided to patients without referral from another practitioner,
  150  including obstetrical and gynecological services, and excludes
  151  practices providing primarily dermatologic and skin care
  152  services, which include aesthetic skin care services.
  153         (b) An osteopathic physician who is engaged in providing
  154  specialty health care services may not supervise more than two
  155  offices in addition to the osteopathic physician’s primary
  156  practice location. For the purpose of this subsection,
  157  “specialty health care” means health care services that are
  158  commonly provided to patients with a referral from another
  159  practitioner and excludes practices providing primarily
  160  dermatologic and skin care services, which include aesthetic
  161  skin care services.
  162         (c) An osteopathic physician who supervises an advanced
  163  registered nurse practitioner or physician assistant at a
  164  medical office other than the osteopathic physician’s primary
  165  practice location, where the advanced registered nurse
  166  practitioner or physician assistant is not under the onsite
  167  supervision of a supervising osteopathic physician and the
  168  services offered at the office are primarily dermatologic or
  169  skin care services, which include aesthetic skin care services
  170  other than plastic surgery, must comply with the standards
  171  listed in subparagraphs 1.-4. Notwithstanding s.
  172  459.022(4)(e)7., an osteopathic physician supervising a
  173  physician assistant pursuant to this paragraph may not be
  174  required to review and cosign charts or medical records prepared
  175  by such physician assistant.
  176         1. The osteopathic physician shall submit to the Board of
  177  Osteopathic Medicine the addresses of all offices where he or
  178  she is supervising or has a protocol with an advanced registered
  179  nurse practitioner or a physician’s assistant which are not the
  180  osteopathic physician’s primary practice location.
  181         2. The osteopathic physician must be board certified or
  182  board eligible in dermatology or plastic surgery as recognized
  183  by the Board of Osteopathic Medicine pursuant to s. 459.0152.
  184         3. All such offices that are not the osteopathic
  185  physician’s primary place of practice must be within 25 miles of
  186  the osteopathic physician’s primary place of practice or in a
  187  county that is contiguous to the county of the osteopathic
  188  physician’s primary place of practice. However, the distance
  189  between any of the offices may not exceed 75 miles.
  190         4. The osteopathic physician may supervise only one office
  191  other than the osteopathic physician’s primary place of practice
  192  except that until July 1, 2011, the osteopathic physician may
  193  supervise up to two medical offices other than the osteopathic
  194  physician’s primary place of practice if the addresses of the
  195  offices are submitted to the Board of Osteopathic Medicine
  196  before July 1, 2006. Effective July 1, 2011, the osteopathic
  197  physician may supervise only one office other than the
  198  osteopathic physician’s primary place of practice, regardless of
  199  when the addresses of the offices were submitted to the Board of
  200  Osteopathic Medicine.
  201         (d) An osteopathic physician who supervises an office in
  202  addition to the osteopathic physician’s primary practice
  203  location must conspicuously post in each of the osteopathic
  204  physician’s offices a current schedule of the regular hours when
  205  the osteopathic physician is present in that office and the
  206  hours when the office is open while the osteopathic physician is
  207  not present.
  208         (e) This subsection does not apply to health care services
  209  provided in facilities licensed under chapter 395 or in
  210  conjunction with a college of medicine or college of nursing or
  211  an accredited graduate medical or nursing education program;
  212  offices where the only service being performed is hair removal
  213  by an advanced registered nurse practitioner or physician
  214  assistant; not-for-profit, family-planning clinics that are not
  215  licensed pursuant to chapter 390; rural and federally qualified
  216  health centers; health care services provided in a nursing home
  217  licensed under part II of chapter 400, an assisted living
  218  facility licensed under part I of chapter 429, a continuing care
  219  facility licensed under chapter 651, or a retirement community
  220  consisting of independent living units and either a licensed
  221  nursing home or assisted living facility; anesthesia services
  222  provided in accordance with law; health care services provided
  223  in a designated rural health clinic; health care services
  224  provided to persons enrolled in a program designed to maintain
  225  elderly persons and persons with disabilities in a home or
  226  community-based setting; university primary care student health
  227  centers; school health clinics; or health care services provided
  228  in federal, state, or local government facilities.
  229         (4) REQUIREMENTS FOR NOTICE AND REVIEW.—Upon initial
  230  referral of a patient by another practitioner, the osteopathic
  231  physician receiving the referral must ensure that the patient is
  232  informed of the type of license held by the osteopathic
  233  physician and the type of license held by any other practitioner
  234  who will be providing services to the patient. When scheduling
  235  the initial examination or consultation following such referral,
  236  the patient may decide to see the osteopathic physician or any
  237  other licensed practitioner supervised by the osteopathic
  238  physician and, before the initial examination or consultation,
  239  shall sign a form indicating the patient’s choice of
  240  practitioner. The supervising osteopathic physician must review
  241  the medical record of the initial examination or consultation
  242  and ensure that a written report of the initial examination or
  243  consultation is furnished to the referring practitioner within
  244  10 business days following the completion of the initial
  245  examination or consultation.
  246         Section 3. This act shall take effect July 1, 2011.