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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 187, between lines 2 and 3,

15

16  insert:

17         Section 242.  Paragraph (g) of subsection (3) of

18  section 20.43, Florida Statutes, is amended to read:

19         20.43  Department of Health.--There is created a

20  Department of Health.

21         (3)  The following divisions of the Department of

22  Health are established:

23         (g)  Division of Medical Quality Assurance, which is

24  responsible for the following boards and professions

25  established within the division:

26         1.  Nursing assistants, as provided under s. 400.211.

27         2.  Health care services pools, as provided under s.

28  402.48.

29         3.  The Board of Acupuncture, created under chapter

30  457.

31         4.  The Board of Medicine, created under chapter 458.

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 1         5.  The Board of Osteopathic Medicine, created under

 2  chapter 459.

 3         6.  The Board of Chiropractic Medicine, created under

 4  chapter 460.

 5         7.  The Board of Podiatric Medicine, created under

 6  chapter 461.

 7         8.  Naturopathy, as provided under chapter 462.

 8         9.  The Board of Optometry, created under chapter 463.

 9         10.  The Board of Nursing, created under chapter 464.

10         11.  The Board of Pharmacy, created under chapter 465.

11         12.  The Board of Dentistry, created under chapter 466.

12         13.  Midwifery, as provided under chapter 467.

13         14.  The Board of Speech-Language Pathology and

14  Audiology, created under part I of chapter 468.

15         15.  The Board of Nursing Home Administrators, created

16  under part II of chapter 468.

17         16.  Occupational therapy, as provided under part III

18  of chapter 468.

19         17.  Respiratory therapy, as provided under part V of

20  chapter 468.

21         18.  Dietetics and nutrition practice, as provided

22  under part X of chapter 468.

23         19.  Athletic trainers, as provided under part XIII XIV

24  of chapter 468.

25         20.  Electrolysis, as provided under chapter 478.

26         21.  The Board of Massage Therapy, created under

27  chapter 480.

28         22.  The Board of Clinical Laboratory Personnel,

29  created under part III of chapter 483.

30         23.  Medical physicists, as provided under part IV of

31  chapter 483.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

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 1         24.  The Board of Opticianry, created under part I of

 2  chapter 484.

 3         25.  The Board of Hearing Aid Specialists, created

 4  under part II of chapter 484.

 5         26.  The Board of Physical Therapy Practice, created

 6  under chapter 486.

 7         27.  The Board of Psychology, created under chapter

 8  490.

 9         28.  The Board of Clinical Social Work, Marriage and

10  Family Therapy, and Mental Health Counseling, created under

11  chapter 491.

12

13  The department may contract with the Agency for Health Care

14  Administration who shall provide consumer complaint,

15  investigative, and prosecutorial services required by the

16  Division of Medical Quality Assurance, councils, or boards, as

17  appropriate.

18         Section 243.  Subsection (1) of section 322.125,

19  Florida Statutes, is amended to read:

20         322.125  Medical Advisory Board.--

21         (1)  There shall be a Medical Advisory Board composed

22  of not fewer than 12 or more than 25 members, at least one of

23  whom must be 60 years of age or older and all but one of whose

24  medical and other specialties must relate to driving

25  abilities, which number must include a doctor of medicine who

26  is employed by the Department of Highway Safety and Motor

27  Vehicles in Tallahassee, who shall serve as administrative

28  officer for the board.  The executive director of the

29  Department of Highway Safety and Motor Vehicles shall

30  recommend persons to serve as board members.  Every member but

31  two must be a doctor of medicine licensed to practice medicine

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 1  in this or any other state and must be a member in good

 2  standing of the Florida Medical Association or the Florida

 3  Osteopathic Association.  One member must be an optometrist

 4  licensed to practice optometry in this state and must be a

 5  member in good standing of the Florida Optometric Association.

 6  One member must be a chiropractic physician chiropractor

 7  licensed to practice chiropractic medicine in this state.

 8  Members shall be approved by the Cabinet and shall serve

 9  4-year staggered terms.  The board membership must, to the

10  maximum extent possible, consist of equal representation of

11  the disciplines of the medical community treating the mental

12  or physical disabilities that could affect the safe operation

13  of motor vehicles.

14         Section 244.  Subsection (1) of section 381.0031,

15  Florida Statutes, is amended to read:

16         381.0031  Report of diseases of public health

17  significance to department.--

18         (1)  Any practitioner, licensed in Florida to practice

19  medicine, osteopathic medicine, chiropractic medicine,

20  naturopathy, or veterinary medicine, who diagnoses or suspects

21  the existence of a disease of public health significance shall

22  immediately report the fact to the Department of Health.

23         Section 245.  Paragraph (b) of subsection (2) and

24  subsection (5) of section 381.0302, Florida Statutes, are

25  amended to read:

26         381.0302  Florida Health Services Corps.--

27         (2)  As used in this section, the term:

28         (b)  "Florida Health Services Corps" means a program

29  authorized by this section which:

30         1.  Offers scholarships to allopathic, osteopathic,

31  chiropractic, podiatric, dental, physician assistant, and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

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 1  nursing students, and loan repayment assistance and travel and

 2  relocation expenses to allopathic and osteopathic residents

 3  and physicians, chiropractic physicians chiropractors,

 4  podiatrists, nurse practitioners, dentists, and physician

 5  assistants, in return for service in a public health care

 6  program or in a medically underserved area.

 7         2.  Offers membership on a voluntary basis to

 8  physicians and other health care personnel who provide

 9  uncompensated care.

10         (5)  The department may award scholarships to students

11  studying medicine, osteopathic medicine, chiropractic

12  medicine, podiatric, nursing, or dentistry.

13         (a)  The program shall require a student who receives a

14  scholarship to accept an assignment in a public health care

15  program or work in a specific community located in a medically

16  underserved area upon completion of primary care training.

17  The department shall determine assignments.  If a practitioner

18  is assigned to a medically underserved area, the practitioner

19  must treat Medicaid patients and other patients with low

20  incomes.

21         (b)  An eligible student must be pursuing a full-time

22  course of study in:

23         1.  Allopathic or osteopathic medicine, including

24  physician assistants;

25         2.  Dentistry;

26         3.  Podiatric medicine;

27         4.  Nursing, including registered nurses, nurse

28  midwives, and other nurse practitioners; or

29         5.  Chiropractic medicine.

30         (c)  In selecting students to participate in the

31  scholarship program, priority shall be given to students who

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 1  indicate a desire to practice a primary care specialty in a

 2  medically underserved area after their obligation is completed

 3  and who indicate an intent to practice medical specialties for

 4  which the department has a need.

 5         (d)  Scholarship assistance shall consist of

 6  reimbursement for tuition and other educational costs such as

 7  books, supplies, equipment, transportation, and monthly living

 8  expense stipends. The department shall pay the same amount for

 9  living expense stipends as is paid by the National Health

10  Services Corps.  Each monthly living expense stipend shall be

11  for a 12-month period beginning with the first month of each

12  school year in which the student is a participant.  The

13  department may reimburse a participant for books, supplies,

14  and equipment based on average costs incurred by participants

15  for these items.  The department shall prescribe, by rule,

16  eligible expenses for reimbursement and allowable amounts.

17         (e)  For an allopathic or osteopathic medical student,

18  enrollment in the corps may begin in the second year of

19  medical school or in any year thereafter.  For a nursing

20  student or other student, enrollment may occur in any year.

21         (f)  For a student who receives scholarship assistance,

22  participation in the corps after completion of training shall

23  be 1 year for each school year of scholarship assistance, up

24  to a maximum of 3 years.  The period of obligated service

25  shall begin when the participant is assigned by the department

26  to a public health program or to a medically underserved area.

27         Section 246.  Subsection (11) of section 382.002,

28  Florida Statutes, is amended to read:

29         382.002  Definitions.--As used in this chapter, the

30  term:

31         (11)  "Physician" means a person authorized to practice

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 1  medicine, osteopathic medicine, or chiropractic medicine

 2  pursuant to chapter 458, chapter 459, or chapter 460.

 3         Section 247.  Section 395.0195, Florida Statutes, is

 4  amended to read:

 5         395.0195  Access of chiropractic physicians

 6  chiropractors to diagnostic reports.--Each hospital shall set

 7  standards and procedures which provide for reasonable access

 8  by licensed chiropractic physicians chiropractors to the

 9  reports of diagnostic X rays and laboratory tests of licensed

10  facilities, subject to the same standards and procedures as

11  other licensed physicians.  However, this section does not

12  require a licensed facility to grant staff privileges to a

13  chiropractic physician chiropractor.

14         Section 248.  Paragraph (a) of subsection (1) of

15  section 415.1034, Florida Statutes, is amended to read:

16         415.1034  Mandatory reporting of abuse, neglect, or

17  exploitation of disabled adults or elderly persons; mandatory

18  reports of death.--

19         (1)  MANDATORY REPORTING.--

20         (a)  Any person, including, but not limited to, any:

21         1.  Physician, osteopathic physician, medical examiner,

22  chiropractic physician chiropractor, nurse, or hospital

23  personnel engaged in the admission, examination, care, or

24  treatment of disabled adults or elderly persons;

25         2.  Health professional or mental health professional

26  other than one listed in subparagraph 1.;

27         3.  Practitioner who relies solely on spiritual means

28  for healing;

29         4.  Nursing home staff; assisted living facility staff;

30  adult day care center staff; adult family-care home staff;

31  social worker; or other professional adult care, residential,

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 1  or institutional staff;

 2         5.  State, county, or municipal criminal justice

 3  employee or law enforcement officer;

 4         6.  Human rights advocacy committee or long-term care

 5  ombudsman council member; or

 6         7.  Bank, savings and loan, or credit union officer,

 7  trustee, or employee,

 8

 9  who knows, or has reasonable cause to suspect, that a disabled

10  adult or an elderly person has been or is being abused,

11  neglected, or exploited shall immediately report such

12  knowledge or suspicion to the central abuse registry and

13  tracking system on the single statewide toll-free telephone

14  number.

15         Section 249.  Paragraph (a) of subsection (1) of

16  section 415.504, Florida Statutes, is amended to read:

17         415.504  Mandatory reports of child abuse or neglect;

18  mandatory reports of death; central abuse hotline.--

19         (1)  Any person, including, but not limited to, any:

20         (a)  Physician, osteopathic physician, medical

21  examiner, chiropractic physician chiropractor, nurse, or

22  hospital personnel engaged in the admission, examination,

23  care, or treatment of persons;

24

25  who knows, or has reasonable cause to suspect, that a child is

26  an abused, abandoned, or neglected child shall report such

27  knowledge or suspicion to the department in the manner

28  prescribed in subsection (2).

29         Section 250.  Subsection (2) of section 440.106,

30  Florida Statutes, is amended to read:

31         440.106  Civil remedies; administrative penalties.--

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 1         (2)  Whenever a physician, osteopathic physician,

 2  chiropractic physician chiropractor, podiatrist, or other

 3  practitioner is determined to have violated s. 440.105, the

 4  Board of Medicine as set forth in chapter 458, the Board of

 5  Osteopathic Medicine as set forth in chapter 459, the Board of

 6  Chiropractic Medicine as set forth in chapter 460, the Board

 7  of Podiatric Medicine as set forth in chapter 461, or other

 8  appropriate licensing authority, shall hold an administrative

 9  hearing to consider the imposition of administrative sanctions

10  as provided by law against said physician, osteopathic

11  physician, chiropractic physician chiropractor, or other

12  practitioner.

13         Section 251.  Paragraph (r) of subsection (1) of

14  section 440.13, Florida Statutes, is amended to read:

15         440.13  Medical services and supplies; penalty for

16  violations; limitations.--

17         (1)  DEFINITIONS.--As used in this section, the term:

18         (r)  "Physician" or "doctor" means a physician licensed

19  under chapter 458, an osteopathic physician licensed under

20  chapter 459, a chiropractic physician chiropractor licensed

21  under chapter 460, a podiatrist licensed under chapter 461, an

22  optometrist licensed under chapter 463, or a dentist licensed

23  under chapter 466, each of whom must be certified by the

24  division as a health care provider.

25         Section 252.  Paragraph (k) of subsection (1) of

26  section 440.134, Florida Statutes, is amended to read:

27         440.134  Workers' compensation managed care

28  arrangement.--

29         (1)  As used in this section, the term:

30         (k)  "Primary care provider" means, except in the case

31  of emergency treatment, the initial treating physician and,

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 1  when appropriate, continuing treating physician, who may be a

 2  family practitioner, general practitioner, or internist

 3  physician licensed under chapter 458; a family practitioner,

 4  general practitioner, or internist osteopathic physician

 5  licensed under chapter 459; a chiropractic physician

 6  chiropractor licensed under chapter 460; a podiatrist licensed

 7  under chapter 461; an optometrist licensed under chapter 463;

 8  or a dentist licensed under chapter 466.

 9         Section 253.  Paragraph (a) of subsection (3) of

10  section 440.15, Florida Statutes, is amended to read:

11         440.15  Compensation for disability.--Compensation for

12  disability shall be paid to the employee, subject to the

13  limits provided in s. 440.12(2), as follows:

14         (3)  PERMANENT IMPAIRMENT AND WAGE-LOSS BENEFITS.--

15         (a)  Impairment benefits.--

16         1.  Once the employee has reached the date of maximum

17  medical improvement, impairment benefits are due and payable

18  within 20 days after the carrier has knowledge of the

19  impairment.

20         2.  The three-member panel, in cooperation with the

21  division, shall establish and use a uniform permanent

22  impairment rating schedule. This schedule must be based on

23  medically or scientifically demonstrable findings as well as

24  the systems and criteria set forth in the American Medical

25  Association's Guides to the Evaluation of Permanent

26  Impairment; the Snellen Charts, published by American Medical

27  Association Committee for Eye Injuries; and the Minnesota

28  Department of Labor and Industry Disability Schedules. The

29  schedule should be based upon objective findings. The schedule

30  shall be more comprehensive than the AMA Guides to the

31  Evaluation of Permanent Impairment and shall expand the areas

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 1  already addressed and address additional areas not currently

 2  contained in the guides. On August 1, 1979, and pending the

 3  adoption, by rule, of a permanent schedule, Guides to the

 4  Evaluation of Permanent Impairment, copyright 1977, 1971,

 5  1988, by the American Medical Association, shall be the

 6  temporary schedule and shall be used for the purposes hereof.

 7  For injuries after July 1, 1990, pending the adoption by

 8  division rule of a uniform disability rating schedule, the

 9  Minnesota Department of Labor and Industry Disability Schedule

10  shall be used unless that schedule does not address an injury.

11  In such case, the Guides to the Evaluation of Permanent

12  Impairment by the American Medical Association shall be used.

13  Determination of permanent impairment under this schedule must

14  be made by a physician licensed under chapter 458, a doctor of

15  osteopathic medicine licensed under chapters 458 and 459, a

16  chiropractic physician chiropractor licensed under chapter

17  460, a podiatrist licensed under chapter 461, an optometrist

18  licensed under chapter 463, or a dentist licensed under

19  chapter 466, as appropriate considering the nature of the

20  injury. No other persons are authorized to render opinions

21  regarding the existence of or the extent of permanent

22  impairment.

23         3.  All impairment income benefits shall be based on an

24  impairment rating using the impairment schedule referred to in

25  subparagraph 2. Impairment income benefits are paid weekly at

26  the rate of 50 percent of the employee's average weekly

27  temporary total disability benefit not to exceed the maximum

28  weekly benefit under s. 440.12. An employee's entitlement to

29  impairment income benefits begins the day after the employee

30  reaches maximum medical improvement or the expiration of

31  temporary benefits, whichever occurs earlier, and continues

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 1  until the earlier of:

 2         a.  The expiration of a period computed at the rate of

 3  3 weeks for each percentage point of impairment; or

 4         b.  The death of the employee.

 5         4.  After the employee has been certified by a doctor

 6  as having reached maximum medical improvement or 6 weeks

 7  before the expiration of temporary benefits, whichever occurs

 8  earlier, the certifying doctor shall evaluate the condition of

 9  the employee and assign an impairment rating, using the

10  impairment schedule referred to in subparagraph 2.

11  Compensation is not payable for the mental, psychological, or

12  emotional injury arising out of depression from being out of

13  work. If the certification and evaluation are performed by a

14  doctor other than the employee's treating doctor, the

15  certification and evaluation must be submitted to the treating

16  doctor, and the treating doctor must indicate agreement or

17  disagreement with the certification and evaluation. The

18  certifying doctor shall issue a written report to the

19  division, the employee, and the carrier certifying that

20  maximum medical improvement has been reached, stating the

21  impairment rating, and providing any other information

22  required by the division. If the employee has not been

23  certified as having reached maximum medical improvement before

24  the expiration of 102 weeks after the date temporary total

25  disability benefits begin to accrue, the carrier shall notify

26  the treating doctor of the requirements of this section.

27         5.  The carrier shall pay the employee impairment

28  income benefits for a period based on the impairment rating.

29         Section 254.  Subsections (2) and (5) of section

30  455.564, Florida Statutes, are amended to read:

31         455.564  Department; general licensing provisions.--

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 1         (2)  Before the issuance of any license, the department

 2  may charge an initial license fee as determined by rule of the

 3  applicable board or, if no such board exists, by rule of the

 4  department.  Upon receipt of the appropriate license fee, the

 5  department shall issue a license to any person certified by

 6  the appropriate board, or its designee, as having met the

 7  licensure requirements imposed by law or rule. The licensee

 8  shall be issued a wallet-size identification card and a wall

 9  certificate suitable for conspicuous display, which shall be

10  no smaller than 8 1/2 inches by 14 inches. The licensee shall

11  surrender to the department the wallet-size identification

12  card and the wall certificate if the licensee's license is

13  suspended or revoked. The department shall promptly return the

14  wallet-size identification card and the wall certificate to

15  the licensee upon reinstatement of a suspended or revoked

16  license.

17         (5)  As a condition of renewal of a license, the Board

18  of Medicine, the Board of Osteopathic Medicine, the Board of

19  Chiropractic Medicine, and the Board of Podiatric Medicine

20  shall each require licensees which they respectively regulate

21  to periodically demonstrate their professional competency by

22  completing at least 40 hours of continuing education every 2

23  years, which may include up to 1 hour of risk management or

24  cost containment and up to 2 hours of other topics related to

25  the applicable medical specialty, if required by board rule.

26  Each of such boards shall determine whether any specific

27  course requirements not otherwise mandated by law shall be

28  mandated and shall approve criteria for, and the content of,

29  any course mandated by such board.

30         Section 255.  Paragraph (a) of subsection (3) of

31  section 455.654, Florida Statutes, is amended to read:

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 1         455.654  Financial arrangements between referring

 2  health care providers and providers of health care services.--

 3         (3)  DEFINITIONS.--For the purpose of this section, the

 4  word, phrase, or term:

 5         (a)  "Board" means any of the following boards relating

 6  to the respective professions: the Board of Medicine as

 7  created in s. 458.307; the Board of Osteopathic Medicine as

 8  created in s. 459.004; the Board of Chiropractic Medicine as

 9  created in s. 460.404; the Board of Podiatric Medicine as

10  created in s. 461.004; the Board of Optometry as created in s.

11  463.003; the Board of Pharmacy as created in s. 465.004; and

12  the Board of Dentistry as created in s. 466.004.

13         Section 256.  Section 455.684, Florida Statutes, is

14  amended to read:

15         455.684  Chiropractic and podiatric health care; denial

16  of payment; limitation.--A chiropractic physician licensed

17  under chapter 460 or a podiatrist licensed under chapter 461

18  shall not be denied payment for treatment rendered solely on

19  the basis that the chiropractic physician chiropractor or

20  podiatrist is not a member of a particular preferred provider

21  organization or exclusive provider organization which is

22  composed only of physicians licensed under the same chapter.

23         Section 257.  Paragraph (a) of subsection (1) of

24  section 455.691, Florida Statutes, is amended to read:

25         455.691  Treatment of Medicare beneficiaries; refusal,

26  emergencies, consulting physicians.--

27         (1)  Effective as of January 1, 1993, as used in this

28  section, the term:

29         (a)  "Physician" means a physician licensed under

30  chapter 458, an osteopathic physician licensed under chapter

31  459, a chiropractic physician chiropractor licensed under

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 1  chapter 460, a podiatrist licensed under chapter 461, or an

 2  optometrist licensed under chapter 463.

 3         Section 258.  Subsection (1) of section 455.694,

 4  Florida Statutes, is amended to read:

 5         455.694  Boards regulating certain health care

 6  practitioners.--

 7         (1)  As a prerequisite for licensure or license

 8  renewal, the Board of Acupuncture, the Board of Chiropractic

 9  Medicine, the Board of Podiatric Medicine, and the Board of

10  Dentistry shall, by rule, require that all health care

11  practitioners licensed under the respective board, and the

12  Board of Nursing shall, by rule, require that advanced

13  registered nurse practitioners certified under s. 464.012,

14  maintain medical malpractice insurance or provide proof of

15  financial responsibility in an amount and in a manner

16  determined by the board to be sufficient to cover claims

17  arising out of the rendering of or failure to render

18  professional care and services in this state.

19         Section 259.  Subsection (2) of section 456.31, Florida

20  Statutes, is amended to read:

21         456.31  Legislative intent.--

22         (2)  It is the intent of the Legislature to provide for

23  certain practitioners of the healing arts, such as a trained

24  and qualified dentist, to use hypnosis for hypnoanesthesia or

25  for the allaying of anxiety in relation to dental work;

26  however, under no circumstances shall it be legal or proper

27  for the dentist or the individual to whom the dentist may

28  refer the patient, to use hypnosis for the treatment of the

29  neurotic difficulties of a patient.  The same applies to the

30  optometrist, podiatrist, chiropractic physician chiropractor,

31  osteopathic physician, or physician of medicine.

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 1         Section 260.  Subsections (2) and (3) of section

 2  456.32, Florida Statutes, are amended to read:

 3         456.32  Definitions.--In construing this chapter, the

 4  words, phrases, or terms, unless the context otherwise

 5  indicates, shall have the following meanings:

 6         (2)  "Healing arts" shall mean the practice of

 7  medicine, surgery, psychiatry, dentistry, osteopathic

 8  medicine, chiropractic medicine, naturopathy, podiatry,

 9  chiropody, psychology, clinical social work, marriage and

10  family therapy, mental health counseling, and optometry.

11         (3)  "Practitioner of the healing arts" shall mean a

12  person licensed under the laws of the state to practice

13  medicine, surgery, psychiatry, dentistry, osteopathic

14  medicine, chiropractic medicine, naturopathy, podiatry,

15  chiropody, psychology, clinical social work, marriage and

16  family therapy, mental health counseling, or optometry within

17  the scope of his or her professional training and competence

18  and within the purview of the statutes applicable to his or

19  her respective profession, and who may refer a patient for

20  treatment by a qualified person, who shall employ hypnotic

21  techniques under the supervision, direction, prescription, and

22  responsibility of such referring practitioner.

23         Section 261.  The catchline of section 459.002, Florida

24  Statutes, is amended to read:

25         459.002  Chapter not applicable to practice of

26  medicine, surgery, chiropractic medicine, etc.--

27         Section 262.  Chapter 460, Florida Statutes, entitled

28  "Chiropractic," is retitled "Chiropractic Medicine."

29         Section 263.  Subsections (2) and (4) and paragraphs

30  (a) and (e) of subsection (8) of section 460.403, Florida

31  Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1         460.403  Definitions.--As used in this chapter, the

 2  term:

 3         (2)  "Board" means the Board of Chiropractic Medicine.

 4         (4)  "Chiropractic physician" means any person licensed

 5  to practice chiropractic medicine pursuant to this chapter.

 6         (8)(a)  "Practice of chiropractic medicine" means a

 7  noncombative principle and practice consisting of the science,

 8  philosophy, and art of the adjustment, manipulation, and

 9  treatment of the human body in which vertebral subluxations

10  and other malpositioned articulations and structures that are

11  interfering with the normal generation, transmission, and

12  expression of nerve impulse between the brain, organs, and

13  tissue cells of the body, thereby causing disease, are

14  adjusted, manipulated, or treated, thus restoring the normal

15  flow of nerve impulse which produces normal function and

16  consequent health by chiropractic physicians using specific

17  chiropractic adjustment or manipulation techniques taught in

18  chiropractic colleges accredited by the Council on

19  Chiropractic Education.  No person other than a licensed

20  chiropractic physician may render chiropractic services,

21  chiropractic adjustments, or chiropractic manipulations.

22         (e)  The term "chiropractic medicine," "chiropractic,"

23  "doctor of chiropractic," or "chiropractor" shall be

24  synonymous with "chiropractic physician," and each term shall

25  be construed to mean a practitioner of chiropractic medicine

26  as the same has been defined herein.  Chiropractic physicians

27  may analyze and diagnose the physical conditions of the human

28  body to determine the abnormal functions of the human organism

29  and to determine such functions as are abnormally expressed

30  and the cause of such abnormal expression.

31         Section 264.  Section 460.404, Florida Statutes, is

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  amended to read:

 2         460.404  Board of Chiropractic Medicine; membership;

 3  appointment; terms.--

 4         (1)  The Board of Chiropractic Medicine is created

 5  within the department and shall consist of seven members to be

 6  appointed by the Governor and confirmed by the Senate.

 7         (2)  Five members of the board must be licensed

 8  chiropractic physicians who are residents of the state and who

 9  have been licensed chiropractic physicians engaged in the

10  practice of chiropractic medicine for at least 4 years.  The

11  remaining two members must be residents of the state who are

12  not, and have never been, licensed as chiropractic physicians

13  or members of any closely related profession.  At least one

14  member of the board must be 60 years of age or older.

15         (3)  As the terms of the members expire, the Governor

16  shall appoint successors for terms of 4 years, and such

17  members shall serve until their successors are appointed.

18         (4)  All provisions of part II of chapter 455 relating

19  to the board shall apply.

20         Section 265.  Section 460.405, Florida Statutes, is

21  amended to read:

22         460.405  Authority to make rules.--The Board of

23  Chiropractic Medicine is authorized to make such rules not

24  inconsistent with law as are necessary to carry out the duties

25  and authority conferred upon the board by this chapter.

26         Section 266.  Paragraphs (c) and (e) of subsection (1)

27  and subsection (3) of section 460.406, Florida Statutes, are

28  amended to read:

29         460.406  Licensure by examination.--

30         (1)  Any person desiring to be licensed as a

31  chiropractic physician shall apply to the department to take

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  the licensure examination. There shall be an application fee

 2  set by the board not to exceed $100 which shall be

 3  nonrefundable.  There shall also be an examination fee not to

 4  exceed $500 plus the actual per applicant cost to the

 5  department for purchase of portions of the examination from

 6  the National Board of Chiropractic Examiners or a similar

 7  national organization, which may be refundable if the

 8  applicant is found ineligible to take the examination.  The

 9  department shall examine each applicant who the board

10  certifies has:

11         (c)  Submitted proof satisfactory to the department

12  that he or she is a graduate of a chiropractic college which

13  is accredited by or has status with the Council on

14  Chiropractic Education or its predecessor agency. However, any

15  applicant who is a graduate of a chiropractic college that was

16  initially accredited by the Council on Chiropractic Education

17  in 1995, who graduated from such college within the 4 years

18  immediately preceding such accreditation, and who is otherwise

19  qualified shall be eligible to take the examination.  No

20  application for a license to practice chiropractic medicine

21  shall be denied solely because the applicant is a graduate of

22  a chiropractic college that subscribes to one philosophy of

23  chiropractic medicine as distinguished from another.

24         (e)  Completed not less than a 3-month training program

25  in this state of not less than 300 hours with a chiropractic

26  physician licensed in this state. The chiropractic physician

27  candidate may perform all services offered by the licensed

28  chiropractic physician, but must be under the supervision of

29  the licensed chiropractic physician until the results of the

30  first licensure examination for which the candidate has

31  qualified have been received, at which time the candidate's

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  training program shall be terminated. However, an applicant

 2  who has practiced chiropractic medicine in any other state,

 3  territory, or jurisdiction of the United States or any foreign

 4  national jurisdiction for at least 5 years as a licensed

 5  chiropractic physician need not be required to complete the

 6  3-month training program as a requirement for licensure.

 7         (3)  An applicant for the licensure examination may

 8  elect not to take the certification examination to use

 9  acupuncture.  The department shall, in addition to the

10  licensing exam, offer an examination for certification to use

11  acupuncture.  An applicant may elect to take the certification

12  examination at the time of taking the licensure examination.

13  Passage of the certification examination shall not grant any

14  applicant the right to practice chiropractic medicine absent

15  the passage of the licensing examination.

16         Section 267.  Paragraph (b) of subsection (1) of

17  section 460.408, Florida Statutes, is amended to read:

18         460.408  Continuing chiropractic education.--

19         (1)  The board shall require licensees to periodically

20  demonstrate their professional competence as a condition of

21  renewal of a license by completing up to 40 hours of

22  continuing education.

23         (b)  The board shall approve those courses that build

24  upon the basic courses required for the practice of

25  chiropractic medicine, and the board may also approve courses

26  in adjunctive modalities.

27         Section 268.  Subsection (1) and paragraph (c) of

28  subsection (2) of section 460.411, Florida Statutes, are

29  amended to read:

30         460.411  Violations and penalties.--

31         (1)  Each of the following acts constitutes a violation

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  of this chapter and is a felony of the third degree,

 2  punishable as provided in s. 775.082, s. 775.083, or s.

 3  775.084:

 4         (a)  Practicing or attempting to practice chiropractic

 5  medicine without an active license or with a license

 6  fraudulently obtained.

 7         (b)  Using or attempting to use a license to practice

 8  chiropractic medicine which has been suspended or revoked.

 9         (2)  Each of the following acts constitutes a violation

10  of this chapter and is a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083:

12         (c)  Using the name or title "chiropractic physician,"

13  "doctor of chiropractic," "chiropractic medicine," or any

14  other name or title which would lead the public to believe

15  that such person is engaging in the practice of chiropractic

16  medicine, unless such person is licensed as a chiropractic

17  physician in this state.

18         Section 269.  Section 460.412, Florida Statutes, is

19  amended to read:

20         460.412  Sexual misconduct in the practice of

21  chiropractic medicine.--The chiropractic physician-patient

22  relationship is founded on mutual trust.  Sexual misconduct in

23  the practice of chiropractic medicine means violation of the

24  chiropractic physician-patient relationship through which the

25  chiropractic physician uses said relationship to induce or

26  attempt to induce the patient to engage, or to engage or

27  attempt to engage the patient, in sexual activity outside the

28  scope of practice or the scope of generally accepted

29  examination or treatment of the patient.  Sexual misconduct in

30  the practice of chiropractic medicine is prohibited.

31         Section 270.  Paragraphs (a), (b), (c), (h), (k), (m),

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  (q), (r), and (s) of subsection (1) and subsection (3) of

 2  section 460.413, Florida Statutes, are amended to read:

 3         460.413  Grounds for disciplinary action; action by the

 4  board.--

 5         (1)  The following acts shall constitute grounds for

 6  which the disciplinary actions specified in subsection (2) may

 7  be taken:

 8         (a)  Attempting to obtain, obtaining, or renewing a

 9  license to practice chiropractic medicine by bribery, by

10  fraudulent misrepresentations, or through an error of the

11  department or the board.

12         (b)  Having a license to practice chiropractic medicine

13  revoked, suspended, or otherwise acted against, including the

14  denial of licensure, by the licensing authority of another

15  state, territory, or country.

16         (c)  Being convicted or found guilty, regardless of

17  adjudication, of a crime in any jurisdiction which directly

18  relates to the practice of chiropractic medicine or to the

19  ability to practice chiropractic medicine.  Any plea of nolo

20  contendere shall be considered a conviction for purposes of

21  this chapter.

22         (h)  Aiding, assisting, procuring, or advising any

23  unlicensed person to practice chiropractic medicine contrary

24  to this chapter or to a rule of the department or the board.

25         (k)  Making misleading, deceptive, untrue, or

26  fraudulent representations in the practice of chiropractic

27  medicine or employing a trick or scheme in the practice of

28  chiropractic medicine when such trick or scheme fails to

29  conform to the generally prevailing standards of treatment in

30  the chiropractic medical community.

31         (m)  Failing to keep legibly written chiropractic

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  medical records that identify clearly by name and credentials

 2  the licensed chiropractic physician rendering, ordering,

 3  supervising, or billing for each examination or treatment

 4  procedure and that justify the course of treatment of the

 5  patient, including, but not limited to, patient histories,

 6  examination results, test results, X rays, and diagnosis of a

 7  disease, condition, or injury.  X rays need not be retained

 8  for more than 4 years.

 9         (q)  Being unable to practice chiropractic medicine

10  with reasonable skill and safety to patients by reason of

11  illness or use of alcohol, drugs, narcotics, chemicals, or any

12  other type of material or as a result of any mental or

13  physical condition.  In enforcing this paragraph, upon a

14  finding by the secretary of the department, or his or her

15  designee, or the probable cause panel of the board that

16  probable cause exists to believe that the licensee is unable

17  to practice the profession because of reasons stated in this

18  paragraph, the department shall have the authority to compel a

19  licensee to submit to a mental or physical examination by a

20  physician designated by the department. If the licensee

21  refuses to comply with the department's order, the department

22  may file a petition for enforcement in the circuit court of

23  the circuit in which the licensee resides or does business.

24  The department shall be entitled to the summary procedure

25  provided in s. 51.011.  The record of proceedings to obtain a

26  compelled mental or physical examination shall not be used

27  against a licensee in any other proceedings.  A chiropractic

28  physician affected under this paragraph shall at reasonable

29  intervals be afforded an opportunity to demonstrate that she

30  or he can resume the competent practice of chiropractic

31  medicine with reasonable skill and safety to patients.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1         (r)  Gross or repeated malpractice or the failure to

 2  practice chiropractic medicine at a level of care, skill, and

 3  treatment which is recognized by a reasonably prudent

 4  chiropractic physician as being acceptable under similar

 5  conditions and circumstances. The board shall give great

 6  weight to the standards for malpractice in s. 766.102 in

 7  interpreting this provision.  A recommended order by an

 8  administrative law judge, or a final order of the board

 9  finding a violation under this section shall specify whether

10  the licensee was found to have committed "gross malpractice,"

11  "repeated malpractice," or "failure to practice chiropractic

12  medicine with that level of care, skill, and treatment which

13  is recognized as being acceptable under similar conditions and

14  circumstances" or any combination thereof, and any publication

15  by the board shall so specify.

16         (s)  Performing any procedure or prescribing any

17  therapy which, by the prevailing standards of chiropractic

18  medical practice in the community, would constitute

19  experimentation on human subjects, without first obtaining

20  full, informed, and written consent.

21         (3)  The department shall not reinstate the license of

22  a chiropractic physician, or cause a license to be issued to a

23  person the board has deemed unqualified, until such time as

24  the board is satisfied that she or he has complied with all

25  the terms and conditions set forth in the final order and that

26  such person is capable of safely engaging in the practice of

27  chiropractic medicine.

28         Section 271.  Subsection (1) of section 460.4166,

29  Florida Statutes, is amended to read:

30         460.4166  Registered chiropractic assistants.--

31         (1)  DEFINITION.--As used in this section, "registered

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  chiropractic assistant" means a professional, multiskilled

 2  person dedicated to assisting in all aspects of chiropractic

 3  medical practice under the direct supervision and

 4  responsibility of a chiropractic physician.  A registered

 5  chiropractic assistant assists with patient care management,

 6  executes administrative and clinical procedures, and often

 7  performs managerial and supervisory functions. Competence in

 8  the field also requires that a registered chiropractic

 9  assistant adhere to ethical and legal standards of

10  professional practice, recognize and respond to emergencies,

11  and demonstrate professional characteristics.

12         Section 272.  Subsection (1) of section 462.01, Florida

13  Statutes, is amended to read:

14         462.01  Definitions.--As used in this chapter:

15         (1)  "Natureopathy" and "Naturopathy" shall be

16  construed as synonymous terms and mean the use and practice of

17  psychological, mechanical, and material health sciences to aid

18  in purifying, cleansing, and normalizing human tissues for the

19  preservation or restoration of health, according to the

20  fundamental principles of anatomy, physiology, and applied

21  psychology, as may be required.  Naturopathic practice

22  employs, among other agencies, phytotherapy, dietetics,

23  psychotherapy, suggestotherapy, hydrotherapy, zone therapy,

24  biochemistry, external applications, electrotherapy,

25  mechanotherapy, mechanical and electrical appliances, hygiene,

26  first aid, sanitation, and heliotherapy; provided, however,

27  that nothing in this chapter shall be held or construed to

28  authorize any naturopathic physician licensed hereunder to

29  practice materia medica or surgery or chiropractic medicine,

30  nor shall the provisions of this law in any manner apply to or

31  affect the practice of osteopathic medicine, chiropractic

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  medicine, Christian Science, or any other treatment authorized

 2  and provided for by law for the cure or prevention of disease

 3  and ailments.

 4         Section 273.  Subsection (10) of section 468.301,

 5  Florida Statutes, is amended to read:

 6         468.301  Definitions.--As used in this part, the term:

 7         (10)  "Licensed practitioner" means a person who is

 8  licensed or otherwise authorized by law to practice medicine,

 9  podiatry, chiropody, osteopathic medicine, naturopathy, or

10  chiropractic medicine in this state.

11         Section 274.  Paragraph (a) of subsection (6) of

12  section 468.302, Florida Statutes, is amended to read:

13         468.302  Use of radiation; identification of certified

14  persons; limitations; exceptions.--

15         (6)  Requirement for certification does not apply to:

16         (a)  A hospital resident who is not a licensed

17  practitioner in this state or a student enrolled in and

18  attending a school or college of medicine, osteopathic

19  medicine, chiropody, podiatry, or chiropractic medicine or a

20  radiologic technology educational program and who applies

21  radiation to a human being while under the direct supervision

22  of a licensed practitioner.

23         Section 275.  Paragraph (j) of subsection (2) of

24  section 468.314, Florida Statutes, is amended to read:

25         468.314  Advisory Council on Radiation Protection;

26  appointment; terms; powers; duties.--

27         (2)  The council shall be comprised of:

28         (j)  A board-certified chiropractic radiologist.

29         Section 276.  Subsection (1) of section 476.044,

30  Florida Statutes, is amended to read:

31         476.044  Exemptions.--This chapter does not apply to

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  the following persons when practicing pursuant to their

 2  professional responsibilities and duties:

 3         (1)  Persons authorized under the laws of this state to

 4  practice medicine, surgery, osteopathic medicine, chiropractic

 5  medicine, naturopathy, or podiatry;

 6         Section 277.  Paragraph (a) of subsection (1) of

 7  section 477.0135, Florida Statutes, is amended to read:

 8         477.0135  Exemptions.--

 9         (1)  This chapter does not apply to the following

10  persons when practicing pursuant to their professional or

11  occupational responsibilities and duties:

12         (a)  Persons authorized under the laws of this state to

13  practice medicine, surgery, osteopathic medicine, chiropractic

14  medicine, massage, naturopathy, or podiatry.

15         Section 278.  Paragraph (i) of subsection (3),

16  paragraph (a) of subsection (4), and paragraph (j) of

17  subsection (6) of section 483.901, Florida Statutes, are

18  amended to read:

19         483.901  Medical physicists; definitions; licensure.--

20         (3)  DEFINITIONS.--As used in this section, the term:

21         (i)  "Physician" means a doctor of medicine,

22  osteopathic medicine, podiatry, dentistry, or chiropractic

23  medicine who is licensed in this state and who prescribes a

24  radiological procedure.

25         (4)  COUNCIL.--The Advisory Council of Medical

26  Physicists is created in the Department of Health to advise

27  the department in regulating the practice of medical physics

28  in this state.

29         (a)  The council shall be composed of nine members

30  appointed by the secretary of the department as follows:

31         1.  A licensed medical physicist who specializes in

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  diagnostic radiological physics.

 2         2.  A licensed medical physicist who specializes in

 3  therapeutic radiological physics.

 4         3.  A licensed medical physicist who specializes in

 5  medical nuclear radiological physics.

 6         4.  A physician who is board certified by the American

 7  Board of Radiology or its equivalent.

 8         5.  A physician who is board certified by the American

 9  Osteopathic Board of Radiology or its equivalent.

10         6.  A chiropractic physician who practices radiology is

11  board certified by the American Chiropractic Radiology Board

12  or its equivalent.

13         7.  Three consumer members who are not, and have never

14  been, licensed as a medical physicist or licensed in any

15  closely related profession.

16         (6)  LICENSE REQUIRED.--An individual may not engage in

17  the practice of medical physics, including the specialties of

18  diagnostic radiological physics, therapeutic radiological

19  physics, medical nuclear radiological physics, or medical

20  health physics, without a license issued by the department for

21  the appropriate specialty.

22         (j)  The department may issue a temporary license to an

23  applicant pending completion of the application process for

24  board certification.

25         Section 279.  Subsection (11) of section 486.021,

26  Florida Statutes, is amended to read:

27         486.021  Definitions.--In this chapter, unless the

28  context otherwise requires, the term:

29         (11)  "Practice of physical therapy" means the

30  performance of physical therapy assessments and the treatment

31  of any disability, injury, disease, or other health condition

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  of human beings, or the prevention of such disability, injury,

 2  disease, or other condition of health, and rehabilitation as

 3  related thereto by the use of the physical, chemical, and

 4  other properties of air; electricity; exercise; massage; the

 5  performance of acupuncture only upon compliance with the

 6  criteria set forth by the Board of Medicine, when no

 7  penetration of the skin occurs; the use of radiant energy,

 8  including ultraviolet, visible, and infrared rays; ultrasound;

 9  water; the use of apparatus and equipment in the application

10  of the foregoing or related thereto; the performance of tests

11  of neuromuscular functions as an aid to the diagnosis or

12  treatment of any human condition; or the performance of

13  electromyography as an aid to the diagnosis of any human

14  condition only upon compliance with the criteria set forth by

15  the Board of Medicine.  A physical therapist may implement a

16  plan of treatment for a patient.  The physical therapist shall

17  refer the patient to or consult with a health care

18  practitioner licensed under chapter 458, chapter 459, chapter

19  460, chapter 461, or chapter 466, if the patient's condition

20  is found to be outside the scope of physical therapy.  If

21  physical therapy treatment for a patient is required beyond 21

22  days for a condition not previously assessed by a practitioner

23  of record, the physical therapist shall obtain a practitioner

24  of record who will review and sign the plan.  A health care

25  practitioner licensed under chapter 458, chapter 459, chapter

26  460, chapter 461, or chapter 466 and engaged in active

27  practice is eligible to serve as a practitioner of record. The

28  use of roentgen rays and radium for diagnostic and therapeutic

29  purposes and the use of electricity for surgical purposes,

30  including cauterization, are not authorized under the term

31  "physical therapy" as used in this chapter. The practice of

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  physical therapy as defined in this chapter does not authorize

 2  a physical therapy practitioner to practice chiropractic

 3  medicine as defined in chapter 460, including specific spinal

 4  manipulation.  For the performance of specific chiropractic

 5  spinal manipulation, a physical therapist shall refer the

 6  patient to a health care practitioner licensed under chapter

 7  460.  Nothing in this subsection authorizes a physical

 8  therapist to implement a plan of treatment for a patient

 9  currently being treated in a facility licensed pursuant to

10  chapter 395.

11         Section 280.  Subsection (1) of section 486.161,

12  Florida Statutes, is amended to read:

13         486.161  Exemptions.--

14         (1)  No provision of this chapter shall be construed to

15  prohibit any person licensed in this state from using any

16  physical agent as a part of, or incidental to, the lawful

17  practice of her or his profession under the statutes

18  applicable to the profession of chiropractic physician

19  chiropractor, podiatrist, doctor of medicine, massage

20  therapist, nurse, osteopathic physician or surgeon,

21  occupational therapist, or naturopath.

22         Section 281.  Subsection (1) of section 621.03, Florida

23  Statutes, is amended to read:

24         621.03  Definitions.--As used in this act the following

25  words shall have the meaning indicated:

26         (1)  The term "professional service" means any type of

27  personal service to the public which requires as a condition

28  precedent to the rendering of such service the obtaining of a

29  license or other legal authorization.  By way of example and

30  without limiting the generality thereof, the personal services

31  which come within the provisions of this act are the personal

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

    Amendment No.    





 1  services rendered by certified public accountants, public

 2  accountants, chiropractic physicians chiropractors, dentists,

 3  osteopathic physicians, physicians and surgeons, doctors of

 4  medicine, doctors of dentistry, podiatrists, chiropodists,

 5  architects, veterinarians, attorneys at law, and life

 6  insurance agents.

 7         Section 282.  Paragraph (h) of subsection (4) of

 8  section 627.351, Florida Statutes, is amended to read:

 9         627.351  Insurance risk apportionment plans.--

10         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--

11         (h)  As used in this subsection:

12         1.  "Health care provider" means hospitals licensed

13  under chapter 395; physicians licensed under chapter 458;

14  osteopathic physicians licensed under chapter 459; podiatrists

15  licensed under chapter 461; dentists licensed under chapter

16  466; chiropractic physicians chiropractors licensed under

17  chapter 460; naturopaths licensed under chapter 462; nurses

18  licensed under chapter 464; midwives licensed under chapter

19  467; clinical laboratories registered under chapter 483;

20  physician assistants certified under chapter 458; physical

21  therapists and physical therapist assistants licensed under

22  chapter 486; health maintenance organizations certificated

23  under part I of chapter 641; ambulatory surgical centers

24  licensed under chapter 395; other medical facilities as

25  defined in subparagraph 2.; blood banks, plasma centers,

26  industrial clinics, and renal dialysis facilities; or

27  professional associations, partnerships, corporations, joint

28  ventures, or other associations for professional activity by

29  health care providers.

30         2.  "Other medical facility" means a facility the

31  primary purpose of which is to provide human medical

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 1  diagnostic services or a facility providing nonsurgical human

 2  medical treatment, to which facility the patient is admitted

 3  and from which facility the patient is discharged within the

 4  same working day, and which facility is not part of a

 5  hospital.  However, a facility existing for the primary

 6  purpose of performing terminations of pregnancy or an office

 7  maintained by a physician or dentist for the practice of

 8  medicine shall not be construed to be an "other medical

 9  facility."

10         3.  "Health care facility" means any hospital licensed

11  under chapter 395, health maintenance organization

12  certificated under part I of chapter 641, ambulatory surgical

13  center licensed under chapter 395, or other medical facility

14  as defined in subparagraph 2.

15         Section 283.  Paragraph (b) of subsection (1) of

16  section 627.357, Florida Statutes, is amended to read:

17         627.357  Medical malpractice self-insurance.--

18         (1)  DEFINITIONS.--As used in this section, the term:

19         (b)  "Health care provider" means any:

20         1.  Hospital licensed under chapter 395.

21         2.  Physician licensed, or physician assistant

22  certified, under chapter 458.

23         3.  Osteopathic physician licensed under chapter 459.

24         4.  Podiatrist licensed under chapter 461.

25         5.  Health maintenance organization certificated under

26  part I of chapter 641.

27         6.  Ambulatory surgical center licensed under chapter

28  395.

29         7.  Chiropractic physician Chiropractor licensed under

30  chapter 460.

31         8.  Psychologist licensed under chapter 490.

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                                                  SENATE AMENDMENT

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 1         9.  Optometrist licensed under chapter 463.

 2         10.  Dentist licensed under chapter 466.

 3         11.  Pharmacist licensed under chapter 465.

 4         12.  Registered nurse, licensed practical nurse, or

 5  advanced registered nurse practitioner licensed or registered

 6  under chapter 464.

 7         13.  Other medical facility.

 8         14.  Professional association, partnership,

 9  corporation, joint venture, or other association established

10  by the individuals set forth in subparagraphs 2., 3., 4., 7.,

11  8., 9., 10., 11., and 12. for professional activity.

12         Section 284.  Subsection (10) of section 627.6482,

13  Florida Statutes, is amended to read:

14         627.6482  Definitions.--As used in ss.

15  627.648-627.6498, the term:

16         (10)  "Physician" means a physician licensed under

17  chapter 458; an osteopathic physician licensed under chapter

18  459; a chiropractic physician chiropractor licensed under

19  chapter 460; a podiatrist licensed under chapter 461; or, for

20  purposes of oral surgery only, a dental surgeon licensed under

21  chapter 466.

22         Section 285.  Subsection (1) of section 641.316,

23  Florida Statutes, is amended to read:

24         641.316  Fiscal intermediary services.--

25         (1)  It is the intent of the Legislature, through the

26  adoption of this section, to ensure the financial soundness of

27  fiscal intermediary services organizations established to

28  develop, manage, and administer the business affairs of health

29  care professional providers such as medical doctors, doctors

30  of osteopathy, doctors of chiropractic medicine, doctors of

31  podiatric medicine, doctors of dentistry, or other health

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                                                  SENATE AMENDMENT

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 1  professionals regulated by the Department of Health.

 2         Section 286.  Section 725.01, Florida Statutes, is

 3  amended to read:

 4         725.01  Promise to pay another's debt, etc.--No action

 5  shall be brought whereby to charge any executor or

 6  administrator upon any special promise to answer or pay any

 7  debt or damages out of her or his own estate, or whereby to

 8  charge the defendant upon any special promise to answer for

 9  the debt, default or miscarriage of another person or to

10  charge any person upon any agreement made upon consideration

11  of marriage, or upon any contract for the sale of lands,

12  tenements or hereditaments, or of any uncertain interest in or

13  concerning them, or for any lease thereof for a period longer

14  than 1 year, or upon any agreement that is not to be performed

15  within the space of 1 year from the making thereof, or whereby

16  to charge any health care provider upon any guarantee,

17  warranty, or assurance as to the results of any medical,

18  surgical, or diagnostic procedure performed by any physician

19  licensed under chapter 458, osteopathic physician licensed

20  under chapter 459, chiropractic physician chiropractor

21  licensed under chapter 460, podiatrist licensed under chapter

22  461, or dentist licensed under chapter 466, unless the

23  agreement or promise upon which such action shall be brought,

24  or some note or memorandum thereof shall be in writing and

25  signed by the party to be charged therewith or by some other

26  person by her or him thereunto lawfully authorized.

27         Section 287.  Paragraph (b) of subsection (1) of

28  section 766.101, Florida Statutes, is amended to read:

29         766.101  Medical review committee, immunity from

30  liability.--

31         (1)  As used in this section:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

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 1         (b)  The term "health care providers" means physicians

 2  licensed under chapter 458, osteopathic physicians licensed

 3  under chapter 459, podiatrists licensed under chapter 461,

 4  optometrists licensed under chapter 463, dentists licensed

 5  under chapter 466, chiropractic physicians chiropractors

 6  licensed under chapter 460, pharmacists licensed under chapter

 7  465, or hospitals or ambulatory surgical centers licensed

 8  under chapter 395.

 9         Section 288.  Paragraph (a) of subsection (6) of

10  section 766.102, Florida Statutes, is amended to read:

11         766.102  Medical negligence; standards of recovery.--

12         (6)(a)  In any action for damages involving a claim of

13  negligence against a physician licensed under chapter 458,

14  osteopathic physician licensed under chapter 459, podiatrist

15  licensed under chapter 461, or chiropractic physician

16  chiropractor licensed under chapter 460 providing emergency

17  medical services in a hospital emergency department, the court

18  shall admit expert medical testimony only from physicians,

19  osteopathic physicians, podiatrists, and chiropractic

20  physicians chiropractors who have had substantial professional

21  experience within the preceding 5 years while assigned to

22  provide emergency medical services in a hospital emergency

23  department.

24         Section 289.  Subsection (3) of section 766.103,

25  Florida Statutes, is amended to read:

26         766.103  Florida Medical Consent Law.--

27         (3)  No recovery shall be allowed in any court in this

28  state against any physician licensed under chapter 458,

29  osteopathic physician licensed under chapter 459, chiropractic

30  physician chiropractor licensed under chapter 460, podiatrist

31  licensed under chapter 461, or dentist licensed under chapter

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

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 1  466 in an action brought for treating, examining, or operating

 2  on a patient without his or her informed consent when:

 3         (a)1.  The action of the physician, osteopathic

 4  physician, chiropractic physician chiropractor, podiatrist, or

 5  dentist in obtaining the consent of the patient or another

 6  person authorized to give consent for the patient was in

 7  accordance with an accepted standard of medical practice among

 8  members of the medical profession with similar training and

 9  experience in the same or similar medical community; and

10         2.  A reasonable individual, from the information

11  provided by the physician, osteopathic physician, chiropractic

12  physician chiropractor, podiatrist, or dentist, under the

13  circumstances, would have a general understanding of the

14  procedure, the medically acceptable alternative procedures or

15  treatments, and the substantial risks and hazards inherent in

16  the proposed treatment or procedures, which are recognized

17  among other physicians, osteopathic physicians, chiropractic

18  physicians chiropractors, podiatrists, or dentists in the same

19  or similar community who perform similar treatments or

20  procedures; or

21         (b)  The patient would reasonably, under all the

22  surrounding circumstances, have undergone such treatment or

23  procedure had he or she been advised by the physician,

24  osteopathic physician, chiropractic physician chiropractor,

25  podiatrist, or dentist in accordance with the provisions of

26  paragraph (a).

27         Section 290.  Subsection (2) of section 817.234,

28  Florida Statutes, is amended to read:

29         817.234  False and fraudulent insurance claims.--

30         (2)  Any physician licensed under chapter 458,

31  osteopathic physician licensed under chapter 459, chiropractic

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2128

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 1  physician chiropractor licensed under chapter 460, or other

 2  practitioner licensed under the laws of this state who

 3  knowingly and willfully assists, conspires with, or urges any

 4  insured party to fraudulently violate any of the provisions of

 5  this section or part XI of chapter 627, or any person who, due

 6  to such assistance, conspiracy, or urging by said physician,

 7  osteopathic physician, chiropractic physician chiropractor, or

 8  practitioner, knowingly and willfully benefits from the

 9  proceeds derived from the use of such fraud, is guilty of a

10  felony of the third degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084. In the event that a

12  physician, osteopathic physician, chiropractic physician

13  chiropractor, or practitioner is adjudicated guilty of a

14  violation of this section, the Board of Medicine as set forth

15  in chapter 458, the Board of Osteopathic Medicine as set forth

16  in chapter 459, the Board of Chiropractic Medicine as set

17  forth in chapter 460, or other appropriate licensing authority

18  shall hold an administrative hearing to consider the

19  imposition of administrative sanctions as provided by law

20  against said physician, osteopathic physician, chiropractic

21  physician chiropractor, or practitioner.

22         Section 291.  The catchline and subsection (1) of

23  section 945.047, Florida Statutes, are amended to read:

24         945.047  Licensing requirements for physicians,

25  osteopathic physicians, and chiropractic physicians

26  chiropractors employed by the department.--

27         (1)  The Department of Corrections shall employ only

28  physicians, osteopathic physicians, or chiropractic physicians

29  holding licenses in good standing to practice medicine in this

30  state, except that, by October 1, 1980, no more than 10

31  percent of the total number of such physicians employed by the

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                                                  SENATE AMENDMENT

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 1  department may be exempted from the provisions of this

 2  subsection.  Each such exempted physician shall hold a valid

 3  license to practice medicine, osteopathic medicine, or

 4  chiropractic medicine in another state and shall have been

 5  certified by the appropriate board as eligible for admission

 6  for examination in this state under chapter 458, chapter 459,

 7  or chapter 460, as applicable. The appropriate board shall not

 8  certify as eligible for admission for examination any person

 9  who has been adjudged unqualified or guilty of any of the acts

10  enumerated in the disciplinary provisions contained in chapter

11  458, chapter 459, or chapter 460, as applicable.

12

13  (Redesignate subsequent sections.)

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 4, line 21, after the semicolon

19

20  insert:

21         amending ss. 20.43, 322.125, 381.0031,

22         381.0302, 382.002, 395.0195, 415.1034, 415.504,

23         440.106, 440.13, 440.134, 440.15, 455.564,

24         455.654, 455.684, 455.691, 455.694, 456.31,

25         456.32, 459.002, 460.403, 460.404, 460.405,

26         460.406, 460.408, 460.411, 460.412, 460.413,

27         460.4166, 462.01, 468.301, 468.302, 468.314,

28         476.044, 477.0135, 483.901, 486.021, 486.161,

29         621.03, 627.351, 627.357, 627.6482, 641.316,

30         725.01, 766.101, 766.102, 766.103, 817.234, and

31         945.047, F.S.; revising terminology relating to

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                                                  SENATE AMENDMENT

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 1         chiropractic medicine; retitling chapter 460,

 2         F.S., to conform; providing form of

 3         professional licenses;

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