House Bill 1839

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







    Florida House of Representatives - 1999                HB 1839

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to health care; transferring to

  3         the Department of Health the powers, duties,

  4         functions, and assets that relate to the

  5         consumer complaint services, investigations,

  6         and prosecutorial services that are performed

  7         by the Agency for Health Care Administration

  8         under contract with the Department of Health;

  9         amending s. 20.43, F.S.; deleting provisions

10         authorizing the Department of Health to enter

11         into such contracts with the Agency for Health

12         Care Administration; providing an effective

13         date.

14

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  (1)  Effective July 1, 1999, all powers,

18  duties, functions, records, personnel, property, and

19  unexpended balances of appropriations, allocations, and other

20  funds of the Agency for Health Care Administration which

21  relate to consumer complaint services, investigations, and

22  prosecutorial services and which are currently provided by the

23  Agency for Health Care Administration under a contract with

24  the Department of Health, are transferred by a type two

25  transfer, as defined in section 20.06(2), Florida Statutes, to

26  the Department of Health. Any rules adopted by or for the

27  Agency for Health Care Administration for the purpose of

28  administering or operating such programs are included in this

29  transfer and shall remain in effect until specifically changed

30  in the manner provided by law.

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    Florida House of Representatives - 1999                HB 1839

    585-118-99






  1         (2)(a)  All records, personnel, and funds of the

  2  consumer complaint and investigative services units are

  3  transferred and assigned to the Division of Medical Quality

  4  Assurance of the Department of Health.

  5         (b)  All records, personnel, and funds of the

  6  prosecutorial unit are transferred and assigned to the Office

  7  of the General Counsel of the Department of Health. The

  8  general counsel shall be appointed by the Secretary of Health.

  9         Section 2.  Subsection (3) of section 20.43, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         20.43  Department of Health.--There is created a

12  Department of Health.

13         (3)  The following divisions of the Department of

14  Health are established:

15         (a)  Division of Administration.

16         (b)  Division of Environmental Health.

17         (c)  Division of Disease Control.

18         (d)  Division of Family Health Services.

19         (e)  Division of Children's Medical Services.

20         (f)  Division of Local Health Planning, Education, and

21  Workforce Development.

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

23  responsible for the following boards and professions

24  established within the division:

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

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

27  402.48.

28         3.  The Board of Acupuncture, created under chapter

29  457.

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

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    Florida House of Representatives - 1999                HB 1839

    585-118-99






  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.  The Board of Occupational Therapy, created under

18  part III 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 of

24  chapter 468.

25         20.  The Board of Orthotists and Prosthetists, created

26  under part XIV of chapter 468.

27         21.  Electrolysis, as provided under chapter 478.

28         22.  The Board of Massage Therapy, created under

29  chapter 480.

30         23.  The Board of Clinical Laboratory Personnel,

31  created under part III of chapter 483.

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    Florida House of Representatives - 1999                HB 1839

    585-118-99






  1         24.  Medical physicists, as provided under part IV of

  2  chapter 483.

  3         25.  The Board of Opticianry, created under part I of

  4  chapter 484.

  5         26.  The Board of Hearing Aid Specialists, created

  6  under part II of chapter 484.

  7         27.  The Board of Physical Therapy Practice, created

  8  under chapter 486.

  9         28.  The Board of Psychology, created under chapter

10  490.

11         29.  School psychologists, as provided under chapter

12  490.

13         30.  The Board of Clinical Social Work, Marriage and

14  Family Therapy, and Mental Health Counseling, created under

15  chapter 491.

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17  The department may contract with the Agency for Health Care

18  Administration who shall provide consumer complaint,

19  investigative, and prosecutorial services required by the

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

21  appropriate.

22         Section 3.  This act shall take effect July 1, 1999.

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24            *****************************************

25                          SENATE SUMMARY

26    Transfers from the Agency for Health Care Administration
      to the Department of Health the powers, duties,
27    functions, and assets that relate to consumer complaint
      services, investigations, and prosecutorial services.
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