Senate Bill 2220

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    Florida Senate - 1999                                  SB 2220

    By Senator Clary





    7-1379A-99

  1                      A bill to be entitled

  2         An act relating to the Department of Health;

  3         amending s. 20.43, F.S.; revising powers and

  4         the internal structure of the department;

  5         amending s. 110.205, F.S.; exempting certain

  6         positions from career service; amending s.

  7         120.80, F.S.; exempting certain hearings within

  8         the department from the requirement of being

  9         conducted by an administrative law judge from

10         the Division of Administrative Hearings;

11         amending s. 154.504, F.S.; revising standards

12         for eligibility to participate in a primary

13         care for children and families challenge grant;

14         amending s. 287.155, F.S.; authorizing the

15         department to purchase vehicles and automotive

16         equipment for county health departments;

17         amending s. 372.6672, F.S.; deleting an

18         obsolete reference to the Department of Health

19         and Rehabilitative Services; amending s.

20         381.004, F.S.; prescribing conditions under

21         which an HIV test may be performed without

22         obtaining consent; amending s. 381.0051, F.S.;

23         authorizing the Department of Health to adopt

24         rules to implement the Comprehensive Family

25         Planning Act; amending s. 381.0062, F.S.;

26         redefining the term "private water system" and

27         defining the term "multi-family water system";

28         providing that either type of system may

29         include a rental residence in its service;

30         regulating multi-family systems; amending s.

31         381.90, F.S.; revising membership of the Health

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  1         Information Systems Council; prescribing its

  2         duties with respect to developing a review

  3         process; requiring a report; amending s.

  4         382.003, F.S.; revising powers and duties of

  5         the department with respect to vital records;

  6         providing for forms and documents to be

  7         submitted under oath; amending s. 382.004,

  8         F.S.; restating the admissibility of copies of

  9         records; amending s. 382.008, F.S.; deleting

10         provisions relating to restriction on

11         disclosure of a decedent's social security

12         number; amending s. 382.013, F.S.; revising

13         provisions relating to who must file a birth

14         registration; amending s. 382.015, F.S.;

15         revising provisions relating to issuance of new

16         birth certificates upon determination of

17         paternity; amending s. 382.016, F.S.;

18         prescribing procedures for amending records;

19         amending s. 382.019, F.S.; providing for

20         dismissal of an application for delayed

21         registration which is not actively pursued;

22         amending s. 382.025, F.S.; exempting certain

23         birth records from confidentiality

24         requirements; providing conditions on the

25         issuance of other records; amending s.

26         382.0255, F.S.; revising provisions relating to

27         disposition of the additional fee imposed on

28         certification of birth records; amending s.

29         383.14, F.S.; conforming a reference to the

30         name of a program; amending s. 385.202, F.S.;

31         deleting provisions relating to reimbursing

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  1         hospitals reporting information for the

  2         statewide cancer registry; amending s. 391.028,

  3         F.S.; revising provisions relating to

  4         administration of the Children's Medical

  5         Services program; amending s. 391.0315, F.S.;

  6         revising standards for benefits provided under

  7         the program for certain children; amending s.

  8         392.69, F.S.; providing for an advisory board

  9         for the A. G. Holley State Hospital; amending

10         s. 499.005, F.S.; revising the elements of

11         certain offenses relating to purchase or

12         receipt of legend drugs, recordkeeping with

13         respect to drugs, cosmetics, and household

14         products, and permit and registration

15         requirements; amending s. 499.007, F.S.;

16         revising conditions under which a drug is

17         considered misbranded; amending s. 499.028,

18         F.S.; providing an exemption from the

19         prohibition against possession of a drug

20         sample; amending s. 499.066, F.S.; providing

21         conditions on issuance of cease and desist

22         orders; amending s. 499.069, F.S.; providing

23         penalties for certain violations of s. 499.005,

24         F.S.; amending s. 742.10, F.S.; revising

25         procedures relating to establishing paternity

26         for children born out of wedlock; amending ss.

27         39.303, 385.203, 391.021, 391.221, 391.222,

28         391.223, F.S., to conform to the renaming of

29         the Division of Children's Medical Services;

30         amending s. 63.162, F.S.; revising requirements

31         for release of the name and identity of an

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  1         adoptee, birth parent, or adoptive parent;

  2         repealing s. 381.731(3), F.S., relating to the

  3         date for submission of a report; repealing s.

  4         383.307(5), F.S., relating to licensure of

  5         birth center staff and consultants; repealing

  6         s. 404.20(7), F.S., relating to transportation

  7         of radioactive materials; repealing s.

  8         409.9125, F.S., relating to the study of

  9         Medicaid alternative networks; naming a certain

10         building in Jacksonville the "Wilson T. Sowder,

11         M.D., Building"; naming a certain building in

12         Tampa the "William G. 'Doc' Myers, M.D.,

13         Building"; naming the department headquarters

14         building the "Charlton E. Prather, M.D.,

15         Building"; providing an effective date.

16

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

18

19         Section 1.  Paragraphs (e) and (f) of subsection (3)

20  and paragraphs (a) and (b) of subsection (7) of section 20.43,

21  Florida Statutes, 1998 Supplement, are amended, and paragraphs

22  (h), (i), and (j) are added to subsection (3) of that section,

23  to read:

24         20.43  Department of Health.--There is created a

25  Department of Health.

26         (3)  The following divisions of the Department of

27  Health are established:

28         (e)  Division of Children's Medical Services Network.

29         (f)  Division of Emergency Medical Services and

30  Community Health Resources Local Health Planning, Education,

31  and Workforce Development.

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  1         (h)  Division of Children's Medical Services Prevention

  2  and Intervention.

  3         (i)  Division of Information Resource Management.

  4         (j)  Division of Health Awareness and Tobacco.

  5         (7)  To protect and improve the public health, the

  6  department may use state or federal funds to:

  7         (a)  Provide incentives, including, but not limited to,

  8  the promotional items listed in paragraph (b), food and

  9  including food coupons, and or payment for travel expenses,

10  for encouraging healthy lifestyle and disease prevention

11  behaviors and patient compliance with medical treatment, such

12  as tuberculosis therapy and smoking cessation programs. Such

13  incentives shall be intended to cause individuals to take

14  action to improve their health. Any incentive for food, food

15  coupons, or travel expenses may not exceed the limitations in

16  s. 112.061.

17         (b)  Plan and conduct health education campaigns for

18  the purpose of protecting or improving public health. The

19  department may purchase promotional items, such as, but not

20  limited to, t-shirts, hats, sports items such as water bottles

21  and sweat bands, calendars, nutritional charts, baby bibs,

22  growth charts, and other items printed with health-promotion

23  messages, and advertising, such as space on billboards or in

24  publications or radio or television time, for health

25  information and promotional messages that recognize that the

26  following behaviors, among others, are detrimental to public

27  health: unprotected sexual intercourse, other than with one's

28  spouse; cigarette and cigar smoking, use of smokeless tobacco

29  products, and exposure to environmental tobacco smoke; alcohol

30  consumption or other substance abuse during pregnancy; alcohol

31  abuse or other substance abuse; lack of exercise and poor diet

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  1  and nutrition habits; and failure to recognize and address a

  2  genetic tendency to suffer from sickle-cell anemia, diabetes,

  3  high blood pressure, cardiovascular disease, or cancer. For

  4  purposes of activities under this paragraph, the Department of

  5  Health may establish requirements for local matching funds or

  6  in-kind contributions to create and distribute advertisements,

  7  in either print or electronic format, which are concerned with

  8  each of the targeted behaviors, establish an independent

  9  evaluation and feedback system for the public health

10  communication campaign, and monitor and evaluate the efforts

11  to determine which of the techniques and methodologies are

12  most effective.

13         Section 2.  Paragraphs (l), (p), and (s) of subsection

14  (2) of section 110.205, Florida Statutes, are amended to read:

15         110.205  Career service; exemptions.--

16         (2)  EXEMPT POSITIONS.--The exempt positions which are

17  not covered by this part include the following, provided that

18  no position, except for positions established for a limited

19  period of time pursuant to paragraph (h), shall be exempted if

20  the position reports to a position in the career service:

21         (l)  All assistant division director, deputy division

22  director, and bureau chief positions in any department, and

23  those positions determined by the department to have

24  managerial responsibilities comparable to such positions,

25  which positions include, but are not limited to, positions in

26  the Department of Health, the Department of Children and

27  Family Services, and Rehabilitative Services and the

28  Department of Corrections that are assigned primary duties of

29  serving as the superintendent of an institution: positions in

30  the Department of Transportation that are assigned primary

31  duties of serving as regional toll managers and managers of

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  1  offices as defined in s. 20.23(3)(d)3. and (4)(d); positions

  2  in the Department of Environmental Protection that are

  3  assigned the duty of an Environmental Administrator or program

  4  administrator; and positions in the Department of Health and

  5  Rehabilitative Services that are assigned the duties duty of

  6  an Environmental Administrator, Assistant County Health

  7  Department Director, and County Health Department Financial

  8  Administrator. Unless otherwise fixed by law, the department

  9  shall set the salary and benefits of these positions in

10  accordance with the rules established for the Selected Exempt

11  Service.

12         (p)  The staff directors, assistant staff directors,

13  district program managers, district program coordinators,

14  district subdistrict administrators, district administrative

15  services directors, district attorneys, county health

16  department directors, county health department administrators,

17  and the Deputy Director of Central Operations Services of the

18  Department of Children and Family Health and Rehabilitative

19  Services and the county health department directors and county

20  health department administrators of the Department of Health.

21  Unless otherwise fixed by law, the departments department

22  shall establish the salary range and benefits for these

23  positions in accordance with the rules of the Selected Exempt

24  Service.

25         (s)  The executive director of each board or commission

26  established within the Department of Business and Professional

27  Regulation or the Department of Health. Unless otherwise fixed

28  by law, the department shall establish the salary and benefits

29  for these positions in accordance with the rules established

30  for the Selected Exempt Service.

31

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  1         Section 3.  Subsection (15) of section 120.80, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         120.80  Exceptions and special requirements;

  4  agencies.--

  5         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

  6  120.57(1)(a), formal hearings may not be conducted by the

  7  Secretary of Health, the director of the Agency for Health

  8  Care Administration, or a board or member of a board within

  9  the Department of Health or the Agency for Health Care

10  Administration for matters relating to the regulation of

11  professions, as defined by part II of chapter 455.

12  Notwithstanding s. 120.57(1)(a), hearings conducted within the

13  Department of Health in execution of the Special Supplemental

14  Nutrition Program for Women, Infants and Children; Child Care

15  Food Program; Children's Medical Services Program; and the

16  exemption from disqualification reviews for certified nurse

17  assistants program need not be conducted by an administrative

18  law judge assigned by the division. The Department of Health

19  may contract with the Department of Children and Family

20  Services for a hearing officer in these matters.

21         Section 4.  Subsection (1) of section 154.504, Florida

22  Statutes, 1998 Supplement, is amended to read:

23         154.504  Eligibility and benefits.--

24         (1)  Any county or counties may apply for a primary

25  care for children and families challenge grant to provide

26  primary health care services to children and families with

27  incomes of up to 150 percent of the federal poverty level.

28  Participants shall pay no monthly premium for participation,

29  but shall be required to pay a copayment at the time a service

30  is provided. Copayments may be paid from sources other than

31  the participant, including, but not limited to, the child's or

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  1  parent's employer, or other private sources. Providers may

  2  enter into contracts pursuant to As used in s. 766.1115;

  3  provided copayments, the term "copayment" may not be

  4  considered and may not be used as compensation for services to

  5  health care providers, and all funds generated from copayments

  6  shall be used by the governmental contractor and all other

  7  provisions in s. 766.1115 are met.

  8         Section 5.  Subsection (3) is added to section 287.155,

  9  Florida Statutes, to read:

10         287.155  Motor vehicles; purchase by Division of

11  Universities, Department of Health and Rehabilitative

12  Services, Department of Juvenile Justice, and Department of

13  Corrections.--

14         (3)  The Department of Health is authorized, subject to

15  the approval of the Department of Management Services, to

16  purchase automobiles, trucks, and other automotive equipment

17  for use by county health departments.

18         Section 6.  Subsection (3) of section 372.6672, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         372.6672  Alligator management and trapping program

21  implementation; commission authority.--

22         (3)  The powers and duties of the commission hereunder

23  shall not be construed so as to supersede the regulatory

24  authority or lawful responsibility of the Department of Health

25  and Rehabilitative Services, the Department of Agriculture and

26  Consumer Services, or any local governmental entity regarding

27  the processing or handling of food products, but shall be

28  deemed supplemental thereto.

29         Section 7.  Paragraph (h) of subsection (3) of section

30  381.004, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         381.004  Testing for human immunodeficiency virus.--

  2         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

  3  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

  4         (h)  Notwithstanding the provisions of paragraph (a),

  5  informed consent is not required:

  6         1.  When testing for sexually transmissible diseases is

  7  required by state or federal law, or by rule including the

  8  following situations:

  9         a.  HIV testing pursuant to s. 796.08 of persons

10  convicted of prostitution or of procuring another to commit

11  prostitution.

12         b.  Testing for HIV by a medical examiner in accordance

13  with s. 406.11.

14         2.  Those exceptions provided for blood, plasma,

15  organs, skin, semen, or other human tissue pursuant to s.

16  381.0041.

17         3.  For the performance of an HIV-related test by

18  licensed medical personnel in bona fide medical emergencies

19  when the test results are necessary for medical diagnostic

20  purposes to provide appropriate emergency care or treatment to

21  the person being tested and the patient is unable to consent,

22  as supported by documentation in the medical record.

23  Notification of test results in accordance with paragraph (c)

24  is required.

25         4.  For the performance of an HIV-related test by

26  licensed medical personnel for medical diagnosis of acute

27  illness where, in the opinion of the attending physician,

28  obtaining informed consent would be detrimental to the

29  patient, as supported by documentation in the medical record,

30  and the test results are necessary for medical diagnostic

31  purposes to provide appropriate care or treatment to the

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  1  person being tested. Notification of test results in

  2  accordance with paragraph (c) is required if it would not be

  3  detrimental to the patient.  This subparagraph does not

  4  authorize the routine testing of patients for HIV infection

  5  without informed consent.

  6         5.  When HIV testing is performed as part of an autopsy

  7  for which consent was obtained pursuant to s. 872.04.

  8         6.  For the performance of an HIV test upon a defendant

  9  pursuant to the victim's request in a prosecution for any type

10  of sexual battery where a blood sample is taken from the

11  defendant voluntarily, pursuant to court order for any

12  purpose, or pursuant to the provisions of s. 775.0877, s.

13  951.27, or s. 960.003; however, the results of any HIV test

14  performed shall be disclosed solely to the victim and the

15  defendant, except as provided in ss. 775.0877, 951.27, and

16  960.003.

17         7.  When an HIV test is mandated by court order.

18         8.  For epidemiological research pursuant to s.

19  381.0032, for research consistent with institutional review

20  boards created by 45 C.F.R. part 46, or for the performance of

21  an HIV-related test for the purpose of research, if the

22  testing is performed in a manner by which the identity of the

23  test subject is not known and may not be retrieved by the

24  researcher.

25         9.  When human tissue is collected lawfully without the

26  consent of the donor for corneal removal as authorized by s.

27  732.9185 or enucleation of the eyes as authorized by s.

28  732.919.

29         10.  For the performance of an HIV test upon an

30  individual who comes into contact with medical personnel in

31  such a way that a significant exposure has occurred during the

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  1  course of employment or within the scope of practice and where

  2  a blood sample is available that was taken from that

  3  individual voluntarily by medical personnel for other

  4  purposes.  "Medical personnel" includes a licensed or

  5  certified health care professional; an employee of a health

  6  care professional, health care facility, or blood bank; and a

  7  paramedic or emergency medical technician as defined in s.

  8  401.23.

  9         a.  Prior to performance of an HIV test on a

10  voluntarily obtained blood sample, the individual from whom

11  the blood was obtained shall be requested to consent to the

12  performance of the test and to the release of the results.

13  The individual's refusal to consent and all information

14  concerning the performance of an HIV test and any HIV test

15  result shall be documented only in the medical personnel's

16  record unless the individual gives written consent to entering

17  this information on the individual's medical record.

18         b.  Reasonable attempts to locate the individual and to

19  obtain consent shall be made and all attempts must be

20  documented. If the individual cannot be found, an HIV test may

21  be conducted on the available blood sample. If the individual

22  does not voluntarily consent to the performance of an HIV

23  test, the individual shall be informed that an HIV test will

24  be performed, and counseling shall be furnished as provided in

25  this section.  However, HIV testing shall be conducted only

26  after a licensed physician documents, in the medical record of

27  the medical personnel, that there has been a significant

28  exposure and that, in the physician's medical judgment, the

29  information is medically necessary to determine the course of

30  treatment for the medical personnel.

31

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  1         c.  Costs of any HIV test of a blood sample performed

  2  with or without the consent of the individual, as provided in

  3  this subparagraph, shall be borne by the medical personnel or

  4  the employer of the medical personnel. However, costs of

  5  testing or treatment not directly related to the initial HIV

  6  tests or costs of subsequent testing or treatment shall not be

  7  borne by the medical personnel or the employer of the medical

  8  personnel.

  9         d.  In order to utilize the provisions of this

10  subparagraph, the medical personnel must either be tested for

11  HIV pursuant to this section or provide the results of an HIV

12  test taken within 6 months prior to the significant exposure

13  if such test results are negative.

14         e.  A person who receives the results of an HIV test

15  pursuant to this subparagraph shall maintain the

16  confidentiality of the information received and of the persons

17  tested.  Such confidential information is exempt from s.

18  119.07(1).

19         f.  If the source of the exposure will not voluntarily

20  submit to HIV testing and a blood sample is not available, the

21  medical personnel or the employer of such person acting on

22  behalf of the employee may seek a court order directing the

23  source of the exposure to submit to HIV testing.  A sworn

24  statement by a physician licensed under chapter 458 or chapter

25  459 that a significant exposure has occurred and that, in the

26  physician's medical judgment, testing is medically necessary

27  to determine the course of treatment constitutes probable

28  cause for the issuance of an order by the court.  The results

29  of the test shall be released to the source of the exposure

30  and to the person who experienced the exposure.

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  1         11.  For the performance of an HIV test upon an

  2  individual who comes into contact with medical personnel in

  3  such a way that a significant exposure has occurred during the

  4  course of employment or within the scope of practice of the

  5  medical personnel while the medical personnel provides

  6  emergency medical treatment to the individual; or who comes

  7  into contact with nonmedical personnel in such a way that a

  8  significant exposure has occurred while the nonmedical

  9  personnel provides emergency medical assistance during a

10  medical emergency.  For the purposes of this subparagraph, a

11  medical emergency means an emergency medical condition outside

12  of a hospital or health care facility that provides physician

13  care. The test may be performed only during the course of

14  treatment for the medical emergency.

15         a.  An individual who is capable of providing consent

16  shall be requested to consent to an HIV test prior to the

17  testing. The individual's refusal to consent, and all

18  information concerning the performance of an HIV test and its

19  result, shall be documented only in the medical personnel's

20  record unless the individual gives written consent to entering

21  this information on the individual's medical record.

22         b.  HIV testing shall be conducted only after a

23  licensed physician documents, in the medical record of the

24  medical personnel or nonmedical personnel, that there has been

25  a significant exposure and that, in the physician's medical

26  judgment, the information is medically necessary to determine

27  the course of treatment for the medical personnel or

28  nonmedical personnel.

29         c.  Costs of any HIV test performed with or without the

30  consent of the individual, as provided in this subparagraph,

31  shall be borne by the medical personnel or the employer of the

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  1  medical personnel or nonmedical personnel. However, costs of

  2  testing or treatment not directly related to the initial HIV

  3  tests or costs of subsequent testing or treatment shall not be

  4  borne by the medical personnel or the employer of the medical

  5  personnel or nonmedical personnel.

  6         d.  In order to utilize the provisions of this

  7  subparagraph, the medical personnel or nonmedical personnel

  8  shall be tested for HIV pursuant to this section or shall

  9  provide the results of an HIV test taken within 6 months prior

10  to the significant exposure if such test results are negative.

11         e.  A person who receives the results of an HIV test

12  pursuant to this subparagraph shall maintain the

13  confidentiality of the information received and of the persons

14  tested.  Such confidential information is exempt from s.

15  119.07(1).

16         f.  If the source of the exposure will not voluntarily

17  submit to HIV testing and a blood sample was not obtained

18  during treatment for the medical emergency, the medical

19  personnel, the employer of the medical personnel acting on

20  behalf of the employee, or the nonmedical personnel may seek a

21  court order directing the source of the exposure to submit to

22  HIV testing.  A sworn statement by a physician licensed under

23  chapter 458 or chapter 459 that a significant exposure has

24  occurred and that, in the physician's medical judgment,

25  testing is medically necessary to determine the course of

26  treatment constitutes probable cause for the issuance of an

27  order by the court.  The results of the test shall be released

28  to the source of the exposure and to the person who

29  experienced the exposure.

30         12.  For the performance of an HIV test by the medical

31  examiner or attending physician upon an a deceased individual

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  1  who is the source of a significant exposure to medical

  2  personnel or nonmedical personnel who provided emergency

  3  medical assistance and who expired or could not be

  4  resuscitated while receiving during treatment for the medical

  5  emergency medical assistance or care and who was the source of

  6  a significant exposure to medical or nonmedical personnel

  7  providing such assistance or care.

  8         a.  HIV testing may be conducted only after a licensed

  9  physician documents in the medical record of the medical

10  personnel or nonmedical personnel that there has been a

11  significant exposure and that, in the physician's medical

12  judgment, the information is medically necessary to determine

13  the course of treatment for the medical personnel or

14  nonmedical personnel.

15         b.  Costs of any HIV test performed under this

16  subparagraph may not be charged to the deceased or to the

17  family of the deceased person.

18         c.  For the provisions of this subparagraph to be

19  applicable, the medical personnel or nonmedical personnel must

20  be tested for HIV under this section or must provide the

21  results of an HIV test taken within 6 months before the

22  significant exposure if such test results are negative.

23         d.  A person who receives the results of an HIV test

24  pursuant to this subparagraph shall maintain the

25  confidentiality of the information received and of the persons

26  tested. Such confidential information is exempt from s.

27  119.07(1).

28         13.  For the performance of an HIV-related test

29  medically indicated by licensed medical personnel for medical

30  diagnosis of a hospitalized infant as necessary to provide

31  appropriate care and treatment of the infant when, after a

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  1  reasonable attempt, a parent cannot be contacted to provide

  2  consent. The medical records of the infant shall reflect the

  3  reason consent of the parent was not initially obtained.  Test

  4  results shall be provided to the parent when the parent is

  5  located.

  6         14.  For the performance of HIV testing conducted to

  7  monitor the clinical progress of a patient previously

  8  diagnosed to be HIV positive.

  9         15.  For the performance of repeated HIV testing

10  conducted to monitor possible conversion from a significant

11  exposure.

12         Section 8.  Subsection (7) is added to section

13  381.0051, Florida Statutes, to read:

14         381.0051  Family planning.--

15         (7)  RULES.--The Department of Health may adopt rules

16  to implement this section.

17         Section 9.  Subsections (2), (3), (4), and (5) of

18  section 381.0062, Florida Statutes, 1998 Supplement, are

19  amended to read:

20         381.0062  Supervision; private and certain public water

21  systems.--

22         (2)  DEFINITIONS.--As used in this section:

23         (a)  "Contaminant" means any physical, biological,

24  chemical, or radiological substance or matter in water.

25         (b)  "Department" means the Department of Health,

26  including the county health departments.

27         (c)  "Florida Safe Drinking Water Act" means part VI of

28  chapter 403.

29         (d)  "Health hazard" means any condition, contaminant,

30  device, or practice in a water system or its operation which

31

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  1  will create or has the potential to create an acute or chronic

  2  threat to the health and well-being of the water consumer.

  3         (e)  "Limited use commercial public water system" means

  4  a public water system not covered or included in the Florida

  5  Safe Drinking Water Act, which serves one or more

  6  nonresidential establishments and provides piped water.

  7         (f)  "Limited use community public water system" means

  8  a public water system not covered or included in the Florida

  9  Safe Drinking Water Act, which serves five or more private

10  residences or two or more rental residences, and provides

11  piped water.

12         (g)  "Maximum contaminant level" means the maximum

13  permissible level of a contaminant in potable water delivered

14  to consumers.

15         (h)  "Multi-family water system" means a water system

16  that provides piped water to three or four residences, one of

17  which may be a rental residence.

18         (i)(h)  "Person" means an individual, public or private

19  corporation, company, association, partnership, municipality,

20  agency of the state, district, federal, or any other legal

21  entity, or its legal representative, agent, or assignee.

22         (j)(i)  "Potable water" means water that is

23  satisfactory for human consumption, dermal contact, culinary

24  purposes, or dishwashing as approved by the department.

25         (k)(j)  "Private water system" means a water system

26  that provides piped water for one or two no more than four

27  nonrental residences, one of which may be a rental residence.

28         (l)(k)  "Public consumption" means oral ingestion or

29  physical contact with water by a person for any purpose other

30  than cleaning work areas or simple handwashing.  Examples of

31  public consumption include, when making food or beverages

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  1  available to the general public, water used for washing food,

  2  cooking utensils, or food service areas and water used for

  3  preparing food or beverages; washing surfaces accessed by

  4  children as in a child care center or similar setting; washing

  5  medical instruments or surfaces accessed by a patient; any

  6  water usage in health care facilities; emergency washing

  7  devices such as eye washing sinks; washing in food processing

  8  plants or establishments like slaughterhouses and

  9  packinghouses; and water used in schools.

10         (m)(l)  "Public water system" means a water system that

11  is not included or covered under the Florida Safe Drinking

12  Water Act, provides piped water to the public, and is not a

13  private or multi-family water system. For purposes of this

14  section, public water systems are classified as limited use

15  community or limited use commercial.

16         (n)(m)  "Supplier of water" means the person, company,

17  or corporation that owns or operates a limited use community

18  or limited use commercial public water system, a multi-family

19  water system, or a private water system.

20         (o)(n)  "Variance" means a sanction from the department

21  affording a supplier of water an extended time to correct a

22  maximum contaminant level violation caused by the raw water or

23  to deviate from construction standards established by rule of

24  the department.

25         (3)  SUPERVISION.--The department and its agents shall

26  have general supervision and control over all private water

27  systems, multi-family water systems, and public water systems

28  not covered or included in the Florida Safe Drinking Water Act

29  (part VI of chapter 403), and over those aspects of the public

30  water supply program for which it has the duties and

31

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  1  responsibilities provided for in part VI of chapter 403.  The

  2  department shall:

  3         (a)  Administer and enforce the provisions of this

  4  section and all rules and orders adopted or issued under this

  5  section, including water quality and monitoring standards.

  6         (b)  Require any person wishing to construct, modify,

  7  or operate a limited use community or limited use commercial

  8  public water system or a multi-family private water system to

  9  first make application to and obtain approval from the

10  department on forms adopted by rule of the department.

11         (c)  Review and act upon any application for the

12  construction, modification, operation, or change of ownership

13  of, and conduct surveillance, enforcement, and compliance

14  investigations of, limited use community and limited use

15  commercial public water systems, and multi-family private

16  water systems.

17         (d)  Require a fee from the supplier of water in an

18  amount sufficient to cover the costs of reviewing and acting

19  upon any application for the construction, modification, or

20  operation of a limited use community and limited use

21  commercial public water system, of not less than $10 or more

22  than $90 annually.

23         (e)  Require a fee from the supplier of water in an

24  amount sufficient to cover the costs of reviewing and acting

25  upon any application for the construction or change of

26  ownership of a multi-family private water system serving more

27  than one residence, of not less than $10 or more than $90.

28         (f)  Require a fee from the supplier of water in an

29  amount sufficient to cover the costs of sample collection,

30  review of analytical results, health-risk interpretations, and

31  coordination with other agencies when such work is not

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  1  included in paragraphs (b) and (c) and is requested by the

  2  supplier of water, of not less than $10 or more than $90.

  3         (g)  Require suppliers of water to collect samples of

  4  water, to submit such samples to a department-certified

  5  drinking water laboratory for contaminant analysis, and to

  6  keep sampling records as required by rule of the department.

  7         (h)  Require all fees collected by the department in

  8  accordance with the provisions of this section to be deposited

  9  in an appropriate trust fund of the department, and used

10  exclusively for the payment of costs incurred in the

11  administration of this section.

12         (i)  Prohibit any supplier of water from, intentionally

13  or otherwise, introducing any contaminant which poses a health

14  hazard into a drinking water system.

15         (j)  Require suppliers of water to give public notice

16  of water problems and corrective measures under the conditions

17  specified by rule of the department.

18         (k)  Require a fee to cover the cost of reinspection of

19  any system regulated under this section, which may not be less

20  than $25 or more than $40.

21         (4)  RIGHT OF ENTRY.--For purposes of this section,

22  department personnel may enter, at any reasonable time and if

23  they have reasonable cause to believe a violation of this

24  section is occurring or about to occur, upon any and all parts

25  of the premises of such limited use public and multi-family

26  private drinking water systems serving more than one

27  residence, to make an examination and investigation to

28  determine the sanitary and safety conditions of such systems.

29  Any person who interferes with, hinders, or opposes any

30  employee of the department in the discharge of his or her

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  1  duties pursuant to the provisions of this section is subject

  2  to the penalties provided in s. 381.0025.

  3         (5)  ENFORCEMENT AND PENALTIES.--

  4         (a)  Any person who constructs, modifies, or operates a

  5  limited use community or limited use commercial public water

  6  system, a multi-family water system, or a private water

  7  system, without first complying with the requirements of this

  8  section, who operates a water system in violation of

  9  department order, or who maintains or operates a water system

10  after revocation of the permit is guilty of a misdemeanor of

11  the second degree, punishable as provided in s. 775.082 or s.

12  775.083.

13         (b)  This section and rules adopted pursuant to this

14  section may be enforced by injunction or restraining order

15  granted by a circuit court as provided in s. 381.0012(2).

16         (c)  Additional remedies available to county health

17  department staff through any county or municipal ordinance may

18  be applied, over and above the penalties set forth in this

19  section, to any violation of this section or the rules adopted

20  pursuant to this section.

21         Section 10.  Subsections (3) and (7) of section 381.90,

22  Florida Statutes, are amended to read:

23         381.90  Health Information Systems Council; legislative

24  intent; creation, appointment, duties.--

25         (3)  The council shall be composed of the following

26  members or their senior executive-level designees:

27         (a)  The secretary of the Department of Health;

28         (b)  The secretary of the Department of Business and

29  Professional Regulation;

30         (c)  The secretary of the Department of Children and

31  Family Services;

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  1         (d)  The director of the Agency for Health Care

  2  Administration;

  3         (e)  The secretary of the Department of Corrections;

  4         (f)  The Attorney General;

  5         (g)  The executive director of the Correctional Medical

  6  Authority;

  7         (h)  Two members representing county health

  8  departments, one from a small county and one from a large

  9  county, appointed by the Governor; and

10         (i)  A representative from the Florida Association of

11  Counties;.

12         (j)  The State Treasurer and Insurance Commissioner;

13         (k)  A representative from the Florida Healthy Kids

14  Corporation;

15         (l)  A representative from a school of public health

16  chosen by the Board of Regents;

17         (m)  The Commissioner of Education;

18         (n)  The Secretary of the Department of Elderly

19  Affairs; and

20         (o)  The Secretary of the Department of Juvenile

21  Justice.

22

23  Representatives of the Federal Government may serve without

24  voting rights.

25         (7)  The council's duties and responsibilities include,

26  but are not limited to, the following:

27         (a)  By March 1 of each year, to develop and approve a

28  strategic plan pursuant to the requirements set forth in s.

29  186.022(9). Copies of the plan shall be transmitted

30  electronically or in writing to the Executive Office of the

31

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  1  Governor, the Speaker of the House of Representatives, and the

  2  President of the Senate.

  3         (b)  To develop a mission statement, goals, and plan of

  4  action, based on the guiding principles specified in s.

  5  282.3032, for the identification, collection, standardization,

  6  sharing, and coordination of health-related data across

  7  federal, state, and local government and private-sector

  8  entities.

  9         (c)  To develop a review process to ensure cooperative

10  planning among agencies that collect or maintain

11  health-related data. The council shall submit a report on the

12  implementation of this requirement to the Executive Office of

13  the Governor, the President of the Senate, and the Speaker of

14  the House of Representatives by January 1, 2000.

15         (d)(c)  To create ad hoc issue-oriented technical

16  workgroups, on an as-needed basis, to make recommendations to

17  the council.

18         Section 11.  Subsection (10) of section 382.003,

19  Florida Statutes, is amended, and subsection (11) is added to

20  that section, to read:

21         382.003  Powers and duties of the department.--The

22  department may:

23         (10)  Adopt, promulgate, and enforce rules necessary

24  for the creation, issuance, recording, rescinding,

25  maintenance, and processing of vital records and for carrying

26  out the provisions of ss. 382.004-382.014 and ss.

27  382.016-382.019.

28         (11)  By rule require that forms, documents, and

29  information submitted to the department in anticipation of the

30  creation or amendment of a vital record be under oath.

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  1         Section 12.  Subsection (3) of section 382.004, Florida

  2  Statutes, is amended to read:

  3         382.004  Reproduction and destruction of records.--

  4         (3)  Photographs, microphotographs, or reproductions of

  5  any record in the form of film, prints, or electronically

  6  produced certifications made in compliance with the provisions

  7  of this chapter and certified by the department shall have the

  8  same force and effect as the originals thereof, shall be

  9  treated as originals for the purpose of their admissibility in

10  any court or case, and shall be prima facie evidence in all

11  courts and cases of the facts stated therein.

12         Section 13.  Subsection (1) of section 382.008, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         382.008  Death and fetal death registration.--

15         (1)  A certificate for each death and fetal death which

16  occurs in this state shall be filed on a form prescribed by

17  the department with the local registrar of the district in

18  which the death occurred within 5 days after such death and

19  prior to final disposition, and shall be registered by such

20  registrar if it has been completed and filed in accordance

21  with this chapter or adopted rules. The certificate shall

22  include the decedent's social security number, if available.

23  Disclosure of social security numbers obtained through this

24  requirement shall be limited to the purpose of administration

25  of the Title IV-D program for child support enforcement and as

26  otherwise provided by law. In addition, each certificate of

27  death or fetal death:

28         (a)  If requested by the informant, shall include

29  aliases or "also known as" (AKA) names of a decedent in

30  addition to the decedent's name of record.  Aliases shall be

31  entered on the face of the death certificate in the space

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  1  provided for name if there is sufficient space.  If there is

  2  not sufficient space, aliases may be recorded on the back of

  3  the certificate and shall be considered part of the official

  4  record of death;

  5         (b)  If the place of death is unknown, shall be

  6  registered in the registration district in which the dead body

  7  or fetus is found within 5 days after such occurrence; and

  8         (c)  If death occurs in a moving conveyance, shall be

  9  registered in the registration district in which the dead body

10  was first removed from such conveyance.

11         Section 14.  Subsections (1), (2), and (4) of section

12  382.013, Florida Statutes, 1998 Supplement, are amended to

13  read:

14         382.013  Birth registration.--A certificate for each

15  live birth that occurs in this state shall be filed within 5

16  days after such birth with the local registrar of the district

17  in which the birth occurred and shall be registered by the

18  local registrar if the certificate has been completed and

19  filed in accordance with this chapter and adopted rules. The

20  information regarding registered births shall be used for

21  comparison with information in the state case registry, as

22  defined in chapter 61.

23         (1)  FILING.--

24         (a)  If a birth occurs in a hospital, birth center, or

25  other health care facility, or en route thereto, the person in

26  charge of the facility shall be responsible for preparing the

27  certificate, certifying the facts of the birth, and filing the

28  certificate with the local registrar.  Within 48 hours after

29  the birth, the physician, midwife, or person in attendance

30  during or immediately after the delivery shall provide the

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  1  facility with the medical information required by the birth

  2  certificate.

  3         (b)  If a birth occurs outside a facility and a

  4  physician licensed in this state, a certified nurse midwife, a

  5  midwife licensed in this state, or a public health nurse

  6  employed by the department was in attendance during or

  7  immediately after the delivery, that person shall prepare and

  8  file the certificate.

  9         (c)  If a birth occurs outside a facility and the

10  delivery is not attended by one of the persons described in

11  paragraph (b), the person in attendance, the mother, or the

12  father shall report the birth to the registrar and provide

13  proof of the facts of birth. The department may require such

14  documents to be presented and such proof to be filed as it

15  deems necessary and sufficient to establish the truth of the

16  facts to be recorded by the certificate and may withhold

17  registering the birth until its requirements are met. the

18  child is not taken to the facility within 3 days after

19  delivery, the certificate shall be prepared and filed by one

20  of the following persons in the indicated order of priority:

21         1.  The physician or midwife in attendance during or

22  immediately after the birth.

23         2.  In the absence of persons described in subparagraph

24  1., any other person in attendance during or immediately after

25  the birth.

26         3.  In the absence of persons described in subparagraph

27  2., the father or mother.

28         4.  In the absence of the father and the inability of

29  the mother, the person in charge of the premises where the

30  birth occurred.

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  1         (d)(c)  If a birth occurs in a moving conveyance and

  2  the child is first removed from the conveyance in this state,

  3  the birth shall be filed and registered in this state and the

  4  place to which the child is first removed shall be considered

  5  the place of birth.

  6         (e)(d)  The mother or the father At least one of the

  7  parents of the child shall attest to the accuracy of the

  8  personal data entered on the certificate in time to permit the

  9  timely registration of the certificate.

10         (f)(e)  If a certificate of live birth is incomplete,

11  the local registrar shall immediately notify the health care

12  facility or person filing the certificate and shall require

13  the completion of the missing items of information if they can

14  be obtained prior to issuing certified copies of the birth

15  certificate.

16         (g)(f)  Regardless of any plan to place a child for

17  adoption after birth, the information on the birth certificate

18  as required by this section must be as to the child's birth

19  parents unless and until an application for a new birth record

20  is made under s. 63.152.

21         (2)  PATERNITY.--

22         (a)  If the mother is married at the time of birth, the

23  name of the husband shall be entered on the birth certificate

24  as the father of the child, unless paternity has been

25  determined otherwise by a court of competent jurisdiction.

26         (b)  Notwithstanding paragraph (a), if the husband of

27  the mother dies while the mother is pregnant but before the

28  birth of the child, the name of the deceased husband shall be

29  entered on the birth certificate as the father of the child,

30  unless paternity has been determined otherwise by a court of

31  competent jurisdiction.

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  1         (c)  If the mother is not married at the time of birth,

  2  the name of the father may not be entered on the birth

  3  certificate without the execution of a consenting affidavit

  4  signed by both the mother and the person to be named as the

  5  father.  After giving notice orally or through the use of

  6  video or audio equipment, and in writing, of the alternatives

  7  to, the legal consequences of, and the rights, including, if

  8  one parent is a minor, any rights afforded due to minority

  9  status, and responsibilities that arise from signing an

10  acknowledgment of paternity, the facility shall provide the

11  mother and the person to be named as the father with the

12  affidavit, as well as information provided by the Title IV-D

13  agency established pursuant to s. 409.2557, regarding the

14  benefits of voluntary establishment of paternity. Upon request

15  of the mother and the person to be named as the father, the

16  facility shall assist in the execution of the affidavit.

17         (d)  If the paternity of the child is determined by a

18  court of competent jurisdiction as provided under s. 382.015,

19  the name of the father and the surname of the child shall be

20  entered on the certificate in accordance with the finding and

21  order of the court.  If the court fails to specify a surname

22  for the child, the surname shall be entered in accordance with

23  subsection (3).

24         (e)  If the father is not named on the certificate, no

25  other information about the father shall be entered on the

26  certificate.

27         (4)  UNDETERMINED PARENTAGE.--The person having custody

28  of a child of undetermined parentage shall register a birth

29  certificate shall be registered for every child of

30  undetermined parentage showing all known or approximate facts

31  relating to the birth.  To assist in later determination,

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  1  information concerning the place and circumstances under which

  2  the child was found shall be included on the portion of the

  3  birth certificate relating to marital status and medical

  4  details.  In the event the child is later identified to the

  5  satisfaction of the department, a new birth certificate shall

  6  be prepared which shall bear the same number as the original

  7  birth certificate, and the original certificate shall be

  8  sealed and filed, shall be confidential and exempt from the

  9  provisions of s. 119.07(1), and shall not be opened to

10  inspection by, nor shall certified copies of the same be

11  issued except by court order to, any person other than the

12  registrant if of legal age.

13         Section 15.  Section 382.015, Florida Statutes, is

14  amended to read:

15         382.015  New certificates of live birth; duty of clerks

16  of court and department.--The clerk of the court in which any

17  proceeding for adoption, annulment of an adoption, affirmation

18  of parental status, or determination of paternity is to be

19  registered, shall within 30 days after the final disposition,

20  forward to the department a certified court-certified copy of

21  the court order decree, or a report of the proceedings upon a

22  form to be furnished by the department, together with

23  sufficient information to identify the original birth

24  certificate and to enable the preparation of a new birth

25  certificate.

26         (1)  ADOPTION AND ANNULMENT OF ADOPTION.--

27         (a)  Upon receipt of the report or certified copy of an

28  adoption decree, together with the information necessary to

29  identify the original certificate of live birth, and establish

30  a new certificate, the department shall prepare and file a new

31  birth certificate, absent objection by the court decreeing the

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  1  adoption, the adoptive parents, or the adoptee if of legal

  2  age. The certificate shall bear the same file number as the

  3  original birth certificate.  All names and identifying

  4  information relating to the adoptive parents entered on the

  5  new certificate shall refer to the adoptive parents, but

  6  nothing in the certificate shall refer to or designate the

  7  parents as being adoptive.  All other items not affected by

  8  adoption shall be copied as on the original certificate,

  9  including the date of registration and filing.

10         (b)  Upon receipt of the report or certified copy of an

11  annulment-of-adoption decree, together with the sufficient

12  information to identify the original certificate of live

13  birth, the department shall, if a new certificate of birth was

14  filed following an adoption report or decree, remove the new

15  certificate and restore the original certificate to its

16  original place in the files, and the certificate so removed

17  shall be sealed by the department.

18         (c)  Upon receipt of a report or certified copy of an

19  adoption decree or annulment-of-adoption decree for a person

20  born in another state, the department shall forward the report

21  or decree to the state of the registrant's birth.  If the

22  adoptee was born in Canada, the department shall send a copy

23  of the report or decree to the appropriate birth registration

24  authority in Canada.

25         (2)  DETERMINATION OF PATERNITY.--

26         (a)  Upon receipt of the report or a certified copy of

27  a final decree of determination of paternity, or upon written

28  request and receipt of a consenting affidavit signed by both

29  parents acknowledging the paternity of the registrant,

30  together with sufficient information to identify the original

31  certificate of live birth, the department shall prepare and

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  1  file a new birth certificate which shall bear the same file

  2  number as the original birth certificate.  If paternity has

  3  been established pursuant to court order, The registrant's

  4  name shall be entered as decreed by the court.  Otherwise, the

  5  surname of the registrant may be changed from that shown on

  6  the original birth certificate at the request of the parents

  7  or the registrant if of legal age. The names and identifying

  8  information of the parents shall be entered as of the date of

  9  the registrant's birth.

10         (b)  If the parents marry each other at any time after

11  the registrant's birth, the department shall, upon request of

12  the parents or registrant if of legal age and proof of the

13  marriage, amend the certificate with regard to the parent's

14  marital status as though the parents were married at the time

15  of birth.

16         (c)  If a father's name is already listed on the birth

17  certificate, the birth certificate may only be amended to add

18  a different father's name upon court order.  If a change in

19  the registrant's surname is also desired, such change must be

20  included in the court order determining paternity or the name

21  must be changed pursuant to s. 68.07.

22         (3)  AFFIRMATION OF PARENTAL STATUS.--Upon receipt of

23  an order of affirmation of parental status issued pursuant to

24  s. 742.16, together with sufficient information to identify

25  the original certificate of live birth, the department shall

26  prepare and file a new birth certificate which shall bear the

27  same file number as the original birth certificate.  The names

28  and identifying information of the registrant's parents

29  entered on the new certificate shall be the commissioning

30  couple, but the new certificate may not make reference to or

31  designate the parents as the commissioning couple.

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  1         (4)  SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR

  2  ORIGINAL.--When a new certificate of birth is prepared, the

  3  department shall substitute the new certificate of birth for

  4  the original certificate on file.  All copies of the original

  5  certificate of live birth in the custody of a local registrar

  6  or other state custodian of vital records shall be forwarded

  7  to the State Registrar.  Thereafter, when a certified copy of

  8  the certificate of birth of such person or portion thereof is

  9  issued, it shall be a copy of the new certificate of birth or

10  portion thereof, except when a court order requires issuance

11  of a certified copy of the original certificate of birth. In

12  an adoption, change in paternity, affirmation of parental

13  status, undetermined parentage, or court-ordered substitution,

14  the department shall place the original certificate of birth

15  and all papers pertaining thereto under seal, not to be broken

16  except by order of a court of competent jurisdiction or as

17  otherwise provided by law.

18         (5)  FORM.--Except for certificates of foreign birth

19  which are registered as provided in s. 382.017, and delayed

20  certificates of birth which are registered as provided in ss.

21  382.019 and 382.0195, all original, new, or amended

22  certificates of live birth shall be identical in form,

23  regardless of the marital status of the parents or the fact

24  that the registrant is adopted or of undetermined parentage.

25         (6)  RULES.--The department shall adopt and enforce all

26  rules necessary for carrying out the provisions of this

27  section.

28         Section 16.  Subsections (3), (4), and (5) are added to

29  section 382.016, Florida Statutes, to read:

30         382.016  Amendment of records.--

31

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  1         (3)  Upon written request and receipt of an affidavit

  2  signed by the mother and father acknowledging the paternity of

  3  a registrant born out of wedlock, together with sufficient

  4  information to identify the original certificate of live

  5  birth, the department shall prepare a new birth certificate,

  6  which shall bear the same file number as the original birth

  7  certificate. The names and identifying information of the

  8  parents shall be entered as of the date of the registrant's

  9  birth. The surname of the registrant may be changed from that

10  shown on the original birth certificate at the request of the

11  mother and father of the registrant, or the registrant if of

12  legal age. If the mother and father marry each other at any

13  time after the registrant's birth, the department shall, upon

14  the request of the mother and father or registrant if of legal

15  age and proof of the marriage, amend the certificate with

16  regard to the parents' marital status as though the parents

17  were married at the time of birth.

18         (4)  When a new certificate of birth is prepared

19  pursuant to subsection (3), the department shall substitute

20  the new certificate of birth for the original certificate on

21  file. All copies of the original certificate of live birth in

22  the custody of a local registrar or other state custodian of

23  vital records shall be forwarded to the State Registrar.

24  Thereafter, when a certified copy of the certificate of birth

25  or portion thereof is issued, it shall be a copy of the new

26  certificate of birth or portion thereof, except when a court

27  order requires issuance of a certified copy of the original

28  certificate of birth. The department shall place the original

29  certificate of birth and all papers pertaining thereto under

30  seal, not to be broken except by order of a court of competent

31  jurisdiction or as otherwise provided by law.

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  1         (5)  If a father's name is listed on the birth

  2  certificate, the birth certificate may only be amended to

  3  remove the father's name or to add a different father's name

  4  upon court order. If a change in the registrant's surname is

  5  also desired, such change must be included in the court order

  6  or the name must be changed pursuant to s. 68.07.

  7         Section 17.  Section 382.019, Florida Statutes, is

  8  amended to read:

  9         382.019  Delayed registration; administrative

10  procedures.--

11         (1)  Registration after 1 year is a delayed

12  registration, and the department may, upon receipt of an

13  application and the fee required under s. 382.0255, and proof

14  of the birth, death, or fetal death as prescribed by this

15  section or rule, register a delayed certificate if the

16  department does not already have a certificate of the birth,

17  death, or fetal death on file.

18         (2)  The department may require such supporting

19  documents to be presented and such proof to be filed as it

20  deems necessary and sufficient to establish the truth of the

21  facts to be recorded by the certificate, and may withhold

22  registering the birth, death, or fetal death certificate until

23  its requirements are met.

24         (3)  Certificates registered under this section are

25  admissible as prima facie evidence of the facts recited

26  therein with like force and effect as other vital records

27  received or admitted in evidence.

28         (4)  A delayed certificate of birth filed under this

29  section shall include a summary statement of the evidence

30  submitted in support of the delayed registration.

31

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  1         (5)  A delayed certificate of birth submitted for

  2  registration under this section shall be signed before a

  3  notarizing official by the registrant if of legal age, or by

  4  the parent or guardian of a minor registrant.

  5         (6)  A person may not establish more than one birth

  6  certificate, and a delayed certificate of birth may not be

  7  registered for a deceased person.

  8         (7)  A delayed death or fetal death record shall be

  9  registered on a certificate of death or fetal death and marked

10  "delayed."

11         (8)  In addition to the rulemaking authority found at

12  s. 382.003(10), the department may, by rule, provide for the

13  dismissal of an application that is not actively pursued.

14         Section 18.  Section 382.025, Florida Statutes, is

15  amended to read:

16         382.025  Certified copies of vital records;

17  confidentiality; research.--

18         (1)  BIRTH RECORDS.--Except for birth records over 100

19  years old and not under seal pursuant to court order, all

20  birth records of this state shall be confidential and are

21  exempt from the provisions of s. 119.07(1).

22         (a)  Certified copies of the original birth certificate

23  or a new or amended certificate, or affidavits thereof, are

24  confidential and exempt from the provisions of s. 119.07(1)

25  and, upon receipt of a request and payment of the fee

26  prescribed in s. 382.0255, shall be issued only as authorized

27  by the department and in the form prescribed by the

28  department, and only:

29         1.  To the registrant, if of legal age;

30         2.  To the registrant's parent or guardian or other

31  legal representative;

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  1         3.  Upon receipt of the registrant's death certificate,

  2  to the registrant's spouse or to the registrant's child,

  3  grandchild, or sibling, if of legal age, or to the legal

  4  representative of any of such persons;

  5         4.  To any person if the birth record is over 100 years

  6  old and not under seal pursuant to court order;

  7         5.  To a law enforcement agency for official purposes;

  8         6.  To any agency of the state or the United States for

  9  official purposes upon approval of the department; or

10         7.  Upon order of any court of competent jurisdiction.

11         (b)  To protect the integrity of vital records and

12  prevent the fraudulent use of the birth certificates of

13  deceased persons, the department shall match birth and death

14  certificates and post the fact of death to the appropriate

15  birth certificate.  Except for a commemorative birth

16  certificate, any A certification of a birth certificate of a

17  deceased registrant shall be marked "deceased." In the case of

18  a commemorative birth certificate, such indication of death

19  shall be made on the back of the certificate.

20         (c)  The department shall issue, upon request and upon

21  payment of an additional fee as prescribed under s. 382.0255,

22  a commemorative birth certificate representing that the birth

23  of the person named thereon is recorded in the office of the

24  registrar. The certificate issued under this paragraph shall

25  be in a form consistent with the need to protect the integrity

26  of vital records but shall be suitable for display.  It may

27  bear the seal of the state printed thereon and may be signed

28  by the Governor.

29         (2)  OTHER RECORDS.--

30         (a)  The department shall authorize the issuance of a

31  certified copy of all or part of any marriage, dissolution of

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  1  marriage, or death or fetal death certificate, excluding that

  2  portion which is confidential and exempt from the provisions

  3  of s. 119.07(1) as provided under s. 382.008, to any person

  4  requesting it upon receipt of a request and payment of the fee

  5  prescribed by this section.  A certification of the death or

  6  fetal death certificate which includes the confidential

  7  portions shall be issued only:

  8         1.  To the registrant's spouse or parent, or to the

  9  registrant's child, grandchild, or sibling, if of legal age,

10  or to any person family member who provides a will that has

11  been executed pursuant to s. 732.502, insurance policy, or

12  other document that demonstrates his or her the family

13  member's interest in the estate of the registrant, or to any

14  person who provides documentation that he or she is acting on

15  behalf of any of them;

16         2.  To any agency of the state or local government or

17  the United States for official purposes upon approval of the

18  department; or

19         3.  Upon order of any court of competent jurisdiction.

20         (b)  All portions of a certificate of death shall cease

21  to be exempt from the provisions of s. 119.07(1) 50 years

22  after the date of death.

23         (c)  The department shall issue, upon request and upon

24  payment of an additional fee prescribed by this section, a

25  commemorative marriage license representing that the marriage

26  of the persons named thereon is recorded in the office of the

27  registrar.  The certificate issued under this paragraph shall

28  be in a form consistent with the need to protect the integrity

29  of vital records but shall be suitable for display.  It may

30  bear the seal of the state printed thereon and may be signed

31  by the Governor.

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  1         (3)  RECORDS AND DATA DISTRIBUTION.--The department may

  2  issue vital records or data to:

  3         (a)  A federal agency, if the agency shares in the cost

  4  of collecting, processing, and transmitting such data and if

  5  the data is only used by the federal agency for statistical

  6  purposes or for other purposes specifically authorized by the

  7  department.

  8         (b)  An office of vital statistics for a jurisdiction

  9  outside this state, pursuant to an agreement with the

10  department, when such records or other reports relate to

11  residents of that jurisdiction or persons born in that

12  jurisdiction.  The agreement must require that the copies be

13  used for statistical and administrative purposes only and must

14  provide for the retention and disposition of such copies.

15         (c)  Other governmental agencies upon such terms or

16  conditions as may be prescribed by the department.

17         (d)  A research entity, if the entity seeks the records

18  or data pursuant to a research protocol approved by the

19  department and maintains the records or data in accordance

20  with the approved protocol and a purchase and data-use

21  agreement with the department.  The department may deny a

22  request for records or data if the protocol provides for

23  intrusive follow-back contacts, has not been approved by a

24  human studies institutional review board, does not plan for

25  the destruction of confidential records after the research is

26  concluded, or does not have scientific merit. The agreement

27  must restrict the release of any information which would

28  permit the identification of persons found in vital statistics

29  records, limit the use of the records or data to the approved

30  research protocol, and prohibit any other use of the records

31  or data.

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  1         (e)  Any company or individual requesting

  2  nonconfidential data as defined by this chapter upon payment

  3  of the fees described in s. 382.0255(1)(h).

  4         (f)  Except for records under paragraph (e), vital

  5  records or data issued under this subsection are exempt from

  6  the provisions of s. 119.07(1)., and Copies of vital records

  7  or data issued pursuant to this subsection remain the property

  8  of the department and my not be resold.

  9         (4)  CERTIFIED COPIES OF ORIGINAL CERTIFICATES.--Only

10  the state registrar and local registrars are authorized to

11  issue any certificate which purports to be a certified copy of

12  an original certificate of live birth, death, or fetal death.

13  Except as provided in this section, preparing or issuing

14  certificates is exempt from the provisions of s. 119.07(1).

15         (5)  RULES.--The department shall adopt and enforce all

16  rules necessary for carrying out the provisions of this

17  section.

18         Section 19.  Subsection (2) of section 382.0255,

19  Florida Statutes, is amended to read:

20         382.0255  Fees.--

21         (2)  The fee charged for each request for a

22  certification of a birth record issued by the department or by

23  the local registrar shall be subject to an additional fee of

24  $4 which shall be deposited in the appropriate departmental

25  trust fund. On a quarterly basis, the department shall

26  transfer $2 of this additional fee to the General Revenue Fund

27  and $1.50 to the Child Welfare Training Trust Fund created in

28  s. 402.40. Fifty cents of the fee shall be available for

29  appropriation to the department for administration of this

30  chapter.

31

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  1         Section 20.  Paragraph (e) of subsection (3) and

  2  subsection (5) of section 383.14, Florida Statutes, are

  3  amended to read:

  4         383.14  Screening for metabolic disorders, other

  5  hereditary and congenital disorders, and environmental risk

  6  factors.--

  7         (3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The

  8  department shall administer and provide certain services to

  9  implement the provisions of this section and shall:

10         (e)  Supply the necessary dietary treatment products

11  where practicable for diagnosed cases of phenylketonuria and

12  other metabolic diseases for as long as medically indicated

13  when the products are not otherwise available. Provide

14  nutrition education and supplemental foods to those families

15  eligible for the Special Supplemental Nutrition Food Program

16  for Women, Infants, and Children as provided in s. 383.011.

17

18  All provisions of this subsection must be coordinated with the

19  provisions and plans established under this chapter, chapter

20  411, and Pub. L. No. 99-457.

21         (5)  ADVISORY COUNCIL.--There is established a Genetics

22  and Infant Screening Advisory Council made up of 12 members

23  appointed by the Secretary of Health.  The council shall be

24  composed of two consumer members, three practicing

25  pediatricians, at least one of whom must be a pediatric

26  hematologist, one representative from each of the four medical

27  schools in the state, the Secretary of Health or his or her

28  designee, one representative from the Department of Health

29  representing Division of Children's Medical Services, and one

30  representative from the Developmental Services Program Office

31  of the Department of Children and Family Services. All

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  1  appointments shall be for a term of 4 years.  The chairperson

  2  of the council shall be elected from the membership of the

  3  council and shall serve for a period of 2 years.  The council

  4  shall meet at least semiannually or upon the call of the

  5  chairperson.  The council may establish ad hoc or temporary

  6  technical advisory groups to assist the council with specific

  7  topics which come before the council.  Council members shall

  8  serve without pay. Pursuant to the provisions of s. 112.061,

  9  the council members are entitled to be reimbursed for per diem

10  and travel expenses.  It is the purpose of the council to

11  advise the department about:

12         (a)  Conditions for which testing should be included

13  under the screening program and the genetics program;

14         (b)  Procedures for collection and transmission of

15  specimens and recording of results; and

16         (c)  Methods whereby screening programs and genetics

17  services for children now provided or proposed to be offered

18  in the state may be more effectively evaluated, coordinated,

19  and consolidated.

20         Section 21.  Subsection (4) of section 385.202, Florida

21  Statutes, is amended to read:

22         385.202  Statewide cancer registry.--

23         (4)  Funds appropriated for this section shall be used

24  for establishing, administering, compiling, processing, and

25  providing biometric and statistical analyses to the reporting

26  facilities.  Funds may also be used to ensure the quality and

27  accuracy of the information reported and to provide management

28  information to the reporting facilities.  Such reporting

29  hospitals shall be reimbursed for reasonable costs.

30         Section 22.  Section 391.028, Florida Statutes, 1998

31  Supplement, is amended to read:

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  1         391.028  Administration.--The Children's Medical

  2  Services program shall have a central office and area offices.

  3         (1)  The Director of the Division of Children's Medical

  4  Services must be a physician licensed under chapter 458 or

  5  chapter 459 who has specialized training and experience in the

  6  provision of health care to children and who has recognized

  7  skills in leadership and the promotion of children's health

  8  programs. The division director shall be the deputy secretary

  9  and the Deputy State Health Officer for Children's Medical

10  Services and is appointed by and reports to the secretary. The

11  director may appoint division directors subject to the

12  approval of the secretary.

13         (2)  The division director shall designate Children's

14  Medical Services area offices to perform operational

15  activities, including, but not limited to:

16         (a)  Providing case management services for the

17  network.

18         (b)  Providing local oversight of the program.

19         (c)  Determining an individual's medical and financial

20  eligibility for the program.

21         (d)  Participating in the determination of a level of

22  care and medical complexity for long-term care services.

23         (e)  Authorizing services in the program and developing

24  spending plans.

25         (f)  Participating in the development of treatment

26  plans.

27         (g)  Taking part in the resolution of complaints and

28  grievances from participants and health care providers.

29         (3)  Each Children's Medical Services area office shall

30  be directed by a physician licensed under chapter 458 or

31  chapter 459 who has specialized training and experience in the

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  1  provision of health care to children.  The director of a

  2  Children's Medical Services area office shall be appointed by

  3  the division director from the active panel of Children's

  4  Medical Services physician consultants.

  5         Section 23.  Section 391.0315, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         391.0315  Benefits.--Benefits provided under the

  8  program for children with special health care needs shall be

  9  the same benefits provided to children as specified in ss.

10  409.905 and 409.906. The department may offer additional

11  benefits for early intervention services, respite services,

12  genetic testing, genetic and nutritional counseling, and

13  parent support services, if such services are determined to be

14  medically necessary. No child or person determined eligible

15  for the program who is eligible under Title XIX or Title XXI

16  of the Social Security Act shall receive any service other

17  than an initial health care screening or treatment of an

18  emergency medical condition as defined in s. 395.002, until

19  such child or person is enrolled in Medicaid or a Title XXI

20  program.

21         Section 24.  Subsection (3) of section 392.69, Florida

22  Statutes, is amended, and subsection (4) is added to that

23  section, to read:

24         392.69  Appropriation, sinking, and maintenance trust

25  funds; additional powers of the department.--

26         (3)  In the execution of its public health program

27  functions, notwithstanding chapter 216, the department is

28  hereby authorized to use any sums of money which it may

29  heretofore have saved or which it may hereafter save from its

30  regular operating appropriation, or use any sums of money

31  acquired by gift or grant, or any sums of money it may acquire

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  1  by the issuance of revenue certificates of the hospital to

  2  match or supplement any state or federal funds, or any moneys

  3  received by said department by gift or otherwise, for the

  4  construction or maintenance of additional facilities or

  5  improvement to existing facilities, as the department deems

  6  necessary.

  7         (4)  The department shall appoint an advisory board,

  8  which shall meet quarterly to review and make recommendations

  9  relating to patient care at A. G. Holley State Hospital.

10  Members shall be appointed for terms of 3 years, with such

11  appointments being staggered so that terms of no more than two

12  members expire in any one year. Members shall serve without

13  compensation, but they are entitled to be reimbursed for per

14  diem and travel expenses under s. 112.061.

15         Section 25.  Subsections (14), (15), (16), (19), and

16  (22) of section 499.005, Florida Statutes, 1998 Supplement,

17  are amended, and subsection (24) is added to that section, to

18  read:

19         499.005  Prohibited acts.--It is unlawful to perform or

20  cause the performance of any of the following acts in this

21  state:

22         (14)  The purchase or receipt of a legend drug from a

23  person that is not authorized under this chapter the law of

24  the state in which the person resides to distribute legend

25  drugs.

26         (15)  The sale or transfer of a legend drug to a person

27  that is not authorized under the law of the jurisdiction in

28  which the person receives the drug resides to purchase or

29  possess legend drugs.

30         (16)  The purchase or receipt of a compressed medical

31  gas from a person that is not authorized under this chapter

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  1  the law of the state in which the person resides to distribute

  2  compressed medical gases.

  3         (19)  Providing the department with false or fraudulent

  4  records, or making false or fraudulent statements, regarding

  5  any matter within the provisions of this chapter a drug,

  6  device, or cosmetic.

  7         (22)  Failure to obtain a permit or registration, or

  8  operating without a valid permit when a permit or registration

  9  is, as required by ss. 499.001-499.081 for that activity.

10         (24)  The distribution of a legend device to the

11  patient or ultimate consumer without a prescription or order

12  from a practitioner licensed by law to use or prescribe the

13  device.

14         Section 26.  Subsection (13) of section 499.007,

15  Florida Statutes, is amended to read:

16         499.007  Misbranded drug or device.--A drug or device

17  is misbranded:

18         (13)  If it is a drug that is subject to paragraph

19  (12)(a), and if, at any time before it is dispensed, its label

20  fails to bear the statement:

21         (a)  "Caution:  Federal Law Prohibits Dispensing

22  Without Prescription"; or

23         (b)  "Rx Only";

24         (c)  The prescription symbol followed by the word

25  "Only"; or

26         (d)(b)  "Caution:  State Law Prohibits Dispensing

27  Without Prescription."

28

29  A drug dispensed by filling or refilling a written or oral

30  prescription of a practitioner licensed by law to prescribe

31  such drug is exempt from the requirements of this section,

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  1  except subsections (1), (8), (10), and (11) and the packaging

  2  requirements of subsections (6) and (7), if the drug bears a

  3  label that contains the name and address of the dispenser or

  4  seller, the prescription number and the date the prescription

  5  was written or filled, the name of the prescriber and the name

  6  of the patient, and the directions for use and cautionary

  7  statements.  This exemption does not apply to any drug

  8  dispensed in the course of the conduct of a business of

  9  dispensing drugs pursuant to diagnosis by mail or to any drug

10  dispensed in violation of subsection (12).  The department

11  may, by rule, exempt drugs subject to ss. 499.062-499.064 from

12  subsection (12) if compliance with that subsection is not

13  necessary to protect the public health, safety, and welfare.

14         Section 27.  Subsection (15) of section 499.028,

15  Florida Statutes, is amended to read:

16         499.028  Drug samples or complimentary drugs; starter

17  packs; permits to distribute.--

18         (15)  A person may not possess a prescription drug

19  sample unless:

20         (a)  The drug sample was prescribed to her or him as

21  evidenced by the label required in s. 465.0276(5).

22         (b)  She or he is the employee of a complimentary drug

23  distributor that holds a permit issued under ss.

24  499.001-499.081.

25         (c)  She or he is a person to whom prescription drug

26  samples may be distributed pursuant to this section.

27         (d)  He or she is an officer or employee of a federal,

28  state, or local government acting within the scope of his or

29  her employment.

30         Section 28.  Subsection (1) of section 499.066, Florida

31  Statutes, is amended to read:

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  1         499.066  Penalties; remedies.--In addition to other

  2  penalties and other enforcement provisions:

  3         (1)  When the department believes that any person has

  4  violated ss. 499.001-499.081 or any rules adopted pursuant to

  5  those sections, it may issue and deliver an order to cease and

  6  desist from such violation. A cease and desist order issued

  7  under this subsection shall take effect immediately upon

  8  issuance and shall remain in effect until the department takes

  9  final agency action. A cease and desist order is reviewable at

10  the request of the person to whom it is directed as follows:

11         (a)  If formal proceedings have been requested and the

12  matter has been referred to the Division of Administrative

13  Hearings, a motion to abate or modify the cease and desist

14  order may be filed with the division. Any interlocutory order

15  of the presiding administrative law judge shall be binding on

16  the parties until final agency action is taken by the

17  department.

18         (b)  If informal proceedings have been requested, the

19  department may consider and determine a request from the

20  affected person to abate or modify the cease and desist order.

21         (c)  If a person is aggrieved by a cease and desist

22  order after seeking to have the order abated or modified

23  pursuant to paragraph (a) or paragraph (b), the person may

24  seek interlocutory judicial review by the appropriate district

25  court of appeal pursuant to the applicable rules of appellate

26  procedure.

27         Section 29.  Subsection (1) of section 499.069, Florida

28  Statutes, is amended to read:

29         499.069  Punishment for violations of s. 499.005;

30  dissemination of false advertisement.--

31

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  1         (1)  Any person who violates any of the provisions of

  2  s. 499.005 is guilty of a misdemeanor of the second degree,

  3  punishable as provided in s. 775.082 or s. 775.083; but, if

  4  the violation is committed after a conviction of such person

  5  under this section has become final, such person is guilty of

  6  a misdemeanor of the first degree, punishable as provided in

  7  s. 775.082 or s. 775.083 or as otherwise provided in ss.

  8  499.001-499.081, except that any person who violates

  9  subsection (8), subsection (10), subsection (14), subsection

10  (15), subsection (16), or subsection (17) of s. 499.005 is

11  guilty of a felony of the third degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084, or as otherwise

13  provided in ss. 499.001-499.081.

14         Section 30.  Subsection (1) of section 742.10, Florida

15  Statutes, is amended to read:

16         742.10  Establishment of paternity for children born

17  out of wedlock.--

18         (1)  This chapter provides the primary jurisdiction and

19  procedures for the determination of paternity for children

20  born out of wedlock. When the establishment of paternity has

21  been raised and determined within an adjudicatory hearing

22  brought under the statutes governing inheritance, or

23  dependency under workers' compensation or similar compensation

24  programs, or when an affidavit acknowledging paternity or a

25  stipulation of paternity is executed by both parties and filed

26  with the clerk of the court, or when a consenting affidavit as

27  provided for in s. 382.013 or s. 382.016 s. 382.015 is

28  executed by both parties, it shall constitute the

29  establishment of paternity for purposes of this chapter. If no

30  adjudicatory proceeding was held, a voluntary acknowledgment

31  of paternity shall create a rebuttable presumption, as defined

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  1  by s. 90.304, of paternity and is subject to the right of any

  2  signatory to rescind the acknowledgment within 60 days of the

  3  date the acknowledgment was signed or the date of an

  4  administrative or judicial proceeding relating to the child,

  5  including a proceeding to establish a support order, in which

  6  the signatory is a party, whichever is earlier.  Both parents

  7  are required to provide their social security numbers on any

  8  acknowledgment of paternity, consent affidavit, or stipulation

  9  of paternity. Except for consenting affidavits under seal

10  pursuant to ss. s. 382.015 and 382.016, the Office of Vital

11  Statistics shall provide certified copies of affidavits to the

12  Title IV-D agency upon request.

13         Section 31.  Section 39.303, Florida Statutes, 1998

14  Supplement, is amended to read:

15         39.303  Child protection teams; services; eligible

16  cases.--The Division of Children's Medical Services of the

17  Department of Health shall develop, maintain, and coordinate

18  the services of one or more multidisciplinary child protection

19  teams in each of the service districts of the Department of

20  Children and Family Services.  Such teams may be composed of

21  representatives of appropriate health, mental health, social

22  service, legal service, and law enforcement agencies. The

23  Legislature finds that optimal coordination of child

24  protection teams and sexual abuse treatment programs requires

25  collaboration between the Department of Health and the

26  Department of Children and Family Services. The two

27  departments shall maintain an interagency agreement that

28  establishes protocols for oversight and operations of child

29  protection teams and sexual abuse treatment programs. The

30  Secretary of Health and the director of Deputy Secretary for

31  Children's Medical Services, in consultation with the

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  1  Secretary of Children and Family Services, shall maintain the

  2  responsibility for the screening, employment, and, if

  3  necessary, the termination of child protection team medical

  4  directors, at headquarters and in the 15 districts. Child

  5  protection team medical directors shall be responsible for

  6  oversight of the teams in the districts.

  7         (1)  The Department of Health shall utilize and convene

  8  the teams to supplement the assessment and protective

  9  supervision activities of the family safety and preservation

10  program of the Department of Children and Family Services.

11  Nothing in this section shall be construed to remove or reduce

12  the duty and responsibility of any person to report pursuant

13  to this chapter all suspected or actual cases of child abuse,

14  abandonment, or neglect or sexual abuse of a child.  The role

15  of the teams shall be to support activities of the program and

16  to provide services deemed by the teams to be necessary and

17  appropriate to abused, abandoned, and neglected children upon

18  referral.  The specialized diagnostic assessment, evaluation,

19  coordination, consultation, and other supportive services that

20  a child protection team shall be capable of providing include,

21  but are not limited to, the following:

22         (a)  Medical diagnosis and evaluation services,

23  including provision or interpretation of X rays and laboratory

24  tests, and related services, as needed, and documentation of

25  findings relative thereto.

26         (b)  Telephone consultation services in emergencies and

27  in other situations.

28         (c)  Medical evaluation related to abuse, abandonment,

29  or neglect, as defined by policy or rule of the Department of

30  Health.

31

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  1         (d)  Such psychological and psychiatric diagnosis and

  2  evaluation services for the child or the child's parent or

  3  parents, legal custodian or custodians, or other caregivers,

  4  or any other individual involved in a child abuse,

  5  abandonment, or neglect case, as the team may determine to be

  6  needed.

  7         (e)  Expert medical, psychological, and related

  8  professional testimony in court cases.

  9         (f)  Case staffings to develop treatment plans for

10  children whose cases have been referred to the team.  A child

11  protection team may provide consultation with respect to a

12  child who is alleged or is shown to be abused, abandoned, or

13  neglected, which consultation shall be provided at the request

14  of a representative of the family safety and preservation

15  program or at the request of any other professional involved

16  with a child or the child's parent or parents, legal custodian

17  or custodians, or other caregivers.  In every such child

18  protection team case staffing, consultation, or staff activity

19  involving a child, a family safety and preservation program

20  representative shall attend and participate.

21         (g)  Case service coordination and assistance,

22  including the location of services available from other public

23  and private agencies in the community.

24         (h)  Such training services for program and other

25  employees of the Department of Children and Family Services,

26  employees of the Department of Health, and other medical

27  professionals as is deemed appropriate to enable them to

28  develop and maintain their professional skills and abilities

29  in handling child abuse, abandonment, and neglect cases.

30         (i)  Educational and community awareness campaigns on

31  child abuse, abandonment, and neglect in an effort to enable

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  1  citizens more successfully to prevent, identify, and treat

  2  child abuse, abandonment, and neglect in the community.

  3         (2)  The child abuse, abandonment, and neglect cases

  4  that are appropriate for referral by the family safety and

  5  preservation program to child protection teams of the

  6  Department of Health for support services as set forth in

  7  subsection (1) include, but are not limited to, cases

  8  involving:

  9         (a)  Bruises, burns, or fractures in a child under the

10  age of 3 years or in a nonambulatory child of any age.

11         (b)  Unexplained or implausibly explained bruises,

12  burns, fractures, or other injuries in a child of any age.

13         (c)  Sexual abuse of a child in which vaginal or anal

14  penetration is alleged or in which other unlawful sexual

15  conduct has been determined to have occurred.

16         (d)  Venereal disease, or any other sexually

17  transmitted disease, in a prepubescent child.

18         (e)  Reported malnutrition of a child and failure of a

19  child to thrive.

20         (f)  Reported medical, physical, or emotional neglect

21  of a child.

22         (g)  Any family in which one or more children have been

23  pronounced dead on arrival at a hospital or other health care

24  facility, or have been injured and later died, as a result of

25  suspected abuse, abandonment, or neglect, when any sibling or

26  other child remains in the home.

27         (h)  Symptoms of serious emotional problems in a child

28  when emotional or other abuse, abandonment, or neglect is

29  suspected.

30         (3)  In all instances in which a child protection team

31  is providing certain services to abused, abandoned, or

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  1  neglected children, other offices and units of the Department

  2  of Health, and offices and units of the Department of Children

  3  and Family Services, shall avoid duplicating the provision of

  4  those services.

  5         Section 32.  Subsection (3) of section 385.203, Florida

  6  Statutes, is amended to read:

  7         385.203  Diabetes Advisory Council; creation; function;

  8  membership.--

  9         (3)  The council shall be composed of 18 citizens of

10  the state as follows:  four practicing physicians; one

11  representative from each medical school; seven interested

12  citizens, at least three of whom shall be persons who have or

13  have had diabetes mellitus or who have a child with diabetes

14  mellitus; the Secretary of Health or his or her designee; one

15  representative from the Division of Children's Medical

16  Services of the Department of Health who represents Children's

17  Medical Services; and one professor of nutrition.

18         Section 33.  Subsection (8) of section 391.021, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         391.021  Definitions.--When used in this act, unless

21  the context clearly indicates otherwise:

22         (8)  "Program" means the Children's Medical Services

23  program established in the Division of Children's Medical

24  Services of the department.

25         Section 34.  Paragraph (b) of subsection (1) of section

26  391.221, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         391.221  Statewide Children's Medical Services Network

29  Advisory Council.--

30         (1)  The secretary of the department may appoint a

31  Statewide Children's Medical Services Network Advisory Council

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  1  for the purpose of acting as an advisory body to the

  2  department.  Specifically, the duties of the council shall

  3  include, but not be limited to:

  4         (b)  Making recommendations to the director of the

  5  Division of Children's Medical Services concerning the

  6  selection of health care providers for the Children's Medical

  7  Services network.

  8         Section 35.  Subsection (1) of section 391.222, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         391.222  Cardiac Advisory Council.--

11         (1)  The secretary of the department may appoint a

12  Cardiac Advisory Council for the purpose of acting as the

13  advisory body to the Department of Health Division of

14  Children's Medical Services in the delivery of cardiac

15  services to children. Specifically, the duties of the council

16  shall include, but not be limited to:

17         (a)  Recommending standards for personnel and

18  facilities rendering cardiac services for the Division of

19  Children's Medical Services;

20         (b)  Receiving reports of the periodic review of

21  cardiac personnel and facilities to determine if established

22  standards for the Division of Children's Medical Services

23  cardiac services are met;

24         (c)  Making recommendations to the division director as

25  to the approval or disapproval of reviewed personnel and

26  facilities;

27         (d)  Making recommendations as to the intervals for

28  reinspection of approved personnel and facilities; and

29         (e)  Providing input to the Division of Children's

30  Medical Services on all aspects of Children's Medical Services

31  cardiac programs, including the rulemaking process.

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  1         Section 36.  Section 391.223, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         391.223  Technical advisory panels.--The secretary of

  4  the department may establish technical advisory panels to

  5  assist the Division of Children's Medical Services in

  6  developing specific policies and procedures for the Children's

  7  Medical Services program.

  8         Section 37.  Subsection (4) of section 63.162, Florida

  9  Statutes, is amended to read:

10         63.162  Hearings and records in adoption proceedings;

11  confidential nature.--

12         (4)  A person may not disclose from the records the

13  name and identity of a birth parent, an adoptive parent, or an

14  adoptee unless:

15         (a)  The birth parent authorizes in writing the release

16  of his or her name;

17         (b)  The adoptee, if 18 or more years of age,

18  authorizes in writing the release of his or her name; or, if

19  the adoptee is less than 18 years of age, written consent to

20  disclose the adoptee's name is obtained from an adoptive

21  parent;

22         (c)  The adoptive parent authorizes in writing the

23  release of his or her name; or

24         (d)  Upon order of the court for good cause shown and

25  pursuant to a petition filed in accordance with subsection

26  (7).  In determining whether good cause exists, the court

27  shall give primary consideration to the best interests of the

28  adoptee, but must also give due consideration to the interests

29  of the adoptive and birth parents.  Factors to be considered

30  in determining whether good cause exists include, but are not

31  limited to:

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  1         1.  The reason the information is sought;

  2         2.  The existence of means available to obtain the

  3  desired information without disclosing the identity of the

  4  birth parents, such as by having the court, an intermediary a

  5  person appointed by the court, the department, or the licensed

  6  child-placing agency contact the birth parents and request

  7  specific information;

  8         3.  The desires, to the extent known, of the adoptee,

  9  the adoptive parents, and the birth parents;

10         4.  The age, maturity, judgment, and expressed needs of

11  the adoptee; and

12         5.  The recommendation of the department, licensed

13  child-placing agency, or professional which prepared the

14  preliminary study and home investigation, or the department if

15  no such study was prepared, concerning the advisability of

16  disclosure.

17         Section 38.  Subsection (3) of section 381.731, Florida

18  Statutes, as amended by section 2 of chapter 98-224, Laws of

19  Florida, is repealed.

20         Section 39.  Subsection (5) of section 383.307, Florida

21  Statutes, is repealed.

22         Section 40.  Subsection (7) of section 404.20, Florida

23  Statutes, is repealed.

24         Section 41.  Section 409.9125, Florida Statutes, is

25  repealed.

26         Section 42.  The building that is known as the "1911

27  State Board of Health Building" which is part of a

28  multi-building complex with the address of 1217 Pearl Street,

29  Jacksonville, Florida, shall be known as the "Wilson T.

30  Sowder, M.D., Building."

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  1         Section 43.  The building authorized by chapter 98-307,

  2  Laws of Florida, which will be located on Seagrape Drive on

  3  the Tampa Campus of the University of South Florida which will

  4  house laboratory facilities for the Department of Health shall

  5  be known as the "William G. 'Doc' Myers, M.D., Building."

  6         Section 44.  The Department of Health headquarters

  7  building which will comprise approximately 100,000 square feet

  8  which is authorized by Specific Appropriation 1986 in the

  9  1998-1999 General Appropriations Act shall be known as the

10  "Charlton E. Prather, M.D., Building."

11         Section 45.  This act shall take effect July 1, 1999.

12

13            *****************************************

14                          SENATE SUMMARY

15    Revises a widely varied series of statutory provisions
      relating to the Department of Health, including
16    provisions relating to its powers and duties and internal
      organization. (See bill for details.)
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