House Bill 0567c1

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    Florida House of Representatives - 2000              CS/HB 567

        By the Committee on Health Care Licensing & Regulation and
    Representatives Boyd, Ritchie, Chestnut and Greenstein





  1                      A bill to be entitled

  2         An act relating to nursing; amending part XV of

  3         chapter 468, F.S., relating to certified

  4         nursing assistants, and transferring said part

  5         to chapter 464, F.S., relating to nursing, to

  6         transfer from the Department of Health to the

  7         Board of Nursing responsibility and rulemaking

  8         authority for regulation of certified nursing

  9         assistants; transferring from the Department of

10         Education to the board responsibility for

11         approval of training programs; revising grounds

12         for which the board may impose certain

13         penalties; amending ss. 20.43, 39.01, 39.304,

14         110.131, 232.46, 240.4075, 246.081, 310.102,

15         381.0302, 384.30, 384.31, 394.455, 395.0191,

16         400.021, 400.211, 400.402, 400.407, 400.4255,

17         400.426, 400.462, 400.464, 400.506, 400.6105,

18         401.23, 401.252, 408.706, 409.908, 415.1085,

19         455.597, 455.604, 455.667, 455.677, 455.694,

20         455.707, 458.348, 464.001, 464.002, 464.003,

21         464.006, 464.009, 464.016, 464.018, 464.019,

22         464.022, 464.023, 464.027, 466.003, 467.003,

23         467.0125, 467.203, 468.505, 483.041, 483.801,

24         491.0112, 550.24055, 627.351, 627.357,

25         627.9404, 641.31, 766.101, 766.110, 766.1115,

26         877.111, 945.602, 960.28, 984.03, and 985.03,

27         F.S.; revising references, to conform; amending

28         ss. 400.215 and 400.512, F.S.; revising

29         provisions relating to the granting of

30         exemptions from disqualification for employment

31         in nursing homes or home health agencies;

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  1         amending s. 455.557, F.S.; including advanced

  2         registered nurse practitioners under the

  3         credentialing program; creating s. 455.56503,

  4         F.S.; requiring advanced registered nurse

  5         practitioners to submit information and

  6         fingerprints for profiling purposes; amending

  7         s. 455.5651, F.S.; authorizing the department

  8         to publish certain information in practitioner

  9         profiles; amending s. 455.5653, F.S.; deleting

10         obsolete language relating to scheduling and

11         development of practitioner profiles for

12         additional health care practitioners; providing

13         access to information on advanced registered

14         nurse practitioners maintained by the Agency

15         for Health Care Administration for

16         corroboration purposes; amending s. 455.5654,

17         F.S.; providing for adoption by rule of a form

18         for submission of profiling information;

19         providing an appropriation; providing an

20         effective date.

21

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

23

24         Section 1.  Sections 468.821 through 468.829, Florida

25  Statutes, are renumbered as sections 464.201 through 464.209,

26  respectively, designated as part II of chapter 464, Florida

27  Statutes, and amended to read:

28         464.201 468.821  Definitions.--As used in this part,

29  the term:

30         (1)  "Approved training program" means:

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  1         (a)  A course of training conducted by a public sector

  2  or private sector educational center licensed by the

  3  Department of Education to implement the basic curriculum for

  4  nursing assistants which is approved by the Department of

  5  Education. Beginning October 1, 2000, the board shall assume

  6  responsibility for approval of training programs under this

  7  paragraph.

  8         (b)  A training program operated under s. 400.141.

  9         (2)  "Board" means the Board of Nursing.

10         (3)(2)  "Certified nursing assistant" means a person

11  who meets the qualifications specified in this part and who is

12  certified by the board department as a certified nursing

13  assistant.

14         (4)(3)  "Department" means the Department of Health.

15         (5)(4)  "Registry" means the listing of certified

16  nursing assistants maintained by the board department.

17         464.202 468.822  Duties and powers of the board

18  department.--The board department shall maintain, or contract

19  with or approve another entity to maintain, a state registry

20  of certified nursing assistants. The registry must consist of

21  the name of each certified nursing assistant in this state;

22  other identifying information defined by board department

23  rule; certification status; the effective date of

24  certification; other information required by state or federal

25  law; information regarding any crime or any abuse, neglect, or

26  exploitation as provided under chapter 435; and any

27  disciplinary action taken against the certified nursing

28  assistant. The registry shall be accessible to the public, the

29  certificateholder, employers, and other state agencies. The

30  board department shall adopt by rule testing procedures for

31  use in certifying nursing assistants and shall adopt rules

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  1  regulating the practice of certified nursing assistants to

  2  enforce this part. The board department may contract with or

  3  approve another entity or organization to provide the

  4  examination services, including the development and

  5  administration of examinations. The provider shall pay all

  6  reasonable costs and expenses incurred by the board department

  7  in evaluating the provider's application and performance

  8  during the delivery of services, including examination

  9  services and procedures for maintaining the certified nursing

10  assistant registry.

11         464.203 468.823  Certified nursing assistants;

12  certification requirement.--

13         (1)  The board department shall issue a certificate to

14  practice as a certified nursing assistant to any person who

15  demonstrates to the board a minimum competency to read and

16  write and meets one of the following requirements:

17         (a)  Has successfully completed an approved training

18  program and achieved a minimum score, established by rule of

19  the board department, on the nursing assistant competency

20  examination, which consists of a written portion and

21  skills-demonstration portion approved by the board department

22  and administered at a site and by personnel approved by the

23  department.

24         (b)  Has achieved a minimum score, established by rule

25  of the board department, on the nursing assistant competency

26  examination, which consists of a written portion and

27  skills-demonstration portion, approved by the board department

28  and administered at a site and by personnel approved by the

29  department and:

30         1.  Has a high school diploma, or its equivalent; or

31         2.  Is at least 18 years of age.

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  1         (c)  Is currently certified in another state; is listed

  2  on that state's certified nursing assistant registry; has not

  3  been found to have committed abuse, neglect, or exploitation

  4  in that state; and has successfully completed a national

  5  nursing assistant evaluation in order to receive certification

  6  in that state.

  7         (2)  If an applicant fails to pass the nursing

  8  assistant competency examination in three attempts, the

  9  applicant is not eligible for reexamination unless the

10  applicant completes an approved training program.

11         (3)  An oral examination shall be administered as a

12  substitute for the written portion of the examination upon

13  request. The oral examination shall be administered at a site

14  and by personnel approved by the department.

15         (4)  The board department shall adopt rules to provide

16  for the initial certification of certified nursing assistants.

17         (5)  A certified nursing assistant shall maintain a

18  current address with the board department in accordance with

19  s. 455.717.

20         464.204 468.824  Denial, suspension, or revocation of

21  certification; disciplinary actions.--

22         (1)  The following acts constitute grounds for which

23  the board department may impose disciplinary sanctions as

24  specified in subsection (2):

25         (a)  Obtaining or attempting to obtain certification or

26  an exemption, or possessing or attempting to possess

27  certification or a letter of exemption, by bribery,

28  misrepresentation, deceit, or through an error of the board

29  department.

30

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  1         (b)  Intentionally Violating any provision of this

  2  chapter, chapter 455, or the rules adopted by the board

  3  department.

  4         (2)  When the board department finds any person guilty

  5  of any of the grounds set forth in subsection (1), it may

  6  enter an order imposing one or more of the following

  7  penalties:

  8         (a)  Denial, suspension, or revocation of

  9  certification.

10         (b)  Imposition of an administrative fine not to exceed

11  $150 for each count or separate offense.

12         (c)  Imposition of probation or restriction of

13  certification, including conditions such as corrective actions

14  as retraining or compliance with an approved treatment program

15  for impaired practitioners.

16         (3)  The board department may, upon the request of a

17  certificateholder, exempt the certificateholder from

18  disqualification of certification or disqualification of

19  employment in accordance with chapter 435 and issue a letter

20  of exemption. After January 1, 2000, The board department must

21  notify an applicant seeking an exemption from disqualification

22  from certification or employment of its decision to approve or

23  deny the request within 30 days after the date the board

24  department receives all required documentation.

25         464.205 468.825  Availability of disciplinary records

26  and proceedings.--Pursuant to s. 455.621, any complaint or

27  record maintained by the department of Health pursuant to the

28  discipline of a certified nursing assistant and any proceeding

29  held by the board department to discipline a certified nursing

30  assistant shall remain open and available to the public.

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  1         464.206 468.826  Exemption from liability.--If an

  2  employer terminates or denies employment to a certified

  3  nursing assistant whose certification is inactive as shown on

  4  the certified nursing assistant registry or whose name appears

  5  on the central abuse registry and tracking system of the

  6  Department of Children and Family Services or on a criminal

  7  screening report of the Department of Law Enforcement, the

  8  employer is not civilly liable for such termination and a

  9  cause of action may not be brought against the employer for

10  damages, regardless of whether the employee has filed for an

11  exemption from the board department under s. 464.204(3)

12  468.824(1). There may not be any monetary liability on the

13  part of, and a cause of action for damages may not arise

14  against, any licensed facility, its governing board or members

15  thereof, medical staff, disciplinary board, agents,

16  investigators, witnesses, employees, or any other person for

17  any action taken in good faith without intentional fraud in

18  carrying out this section.

19         464.207 468.827  Penalties.--It is a misdemeanor of the

20  first degree, punishable as provided under s. 775.082 or s.

21  775.083, for any person, knowingly or intentionally, to fail

22  to disclose, by false statement, misrepresentation,

23  impersonation, or other fraudulent means, in any application

24  for voluntary or paid employment or certification licensure

25  regulated under this part, a material fact used in making a

26  determination as to such person's qualifications to be an

27  employee or certificateholder licensee.

28         464.208 468.828  Background screening information;

29  rulemaking authority.--

30         (1)  The Agency for Health Care Administration shall

31  allow the board department to electronically access its

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  1  background screening database and records, and the Department

  2  of Children and Family Services shall allow the board

  3  department to electronically access its central abuse registry

  4  and tracking system under chapter 415.

  5         (2)  An employer, or an agent thereof, may not use

  6  criminal records, juvenile records, or information obtained

  7  from the central abuse hotline under chapter 415 relating to

  8  vulnerable adults for any purpose other than determining if

  9  the person meets the requirements of this part. Such records

10  and information obtained by the board department shall remain

11  confidential and exempt from s. 119.07(1).

12         (3)  If the requirements of the Omnibus Budget

13  Reconciliation Act of 1987, as amended, for the certification

14  of nursing assistants are in conflict with this part, the

15  federal requirements shall prevail for those facilities

16  certified to provide care under Title XVIII (Medicare) or

17  Title XIX (Medicaid) of the Social Security Act.

18         (4)  The board department shall adopt rules to

19  administer this part.

20         464.209 468.829  Certified nursing assistant

21  registry.--

22         (1)  By October 1, 1999, and by October 1 of every year

23  thereafter, each employer of certified nursing assistants

24  shall submit to the board Department of Health a list of the

25  names and social security numbers of each person employed by

26  the employer as a certified nursing assistant in a

27  nursing-related occupation for a minimum of 8 hours for

28  monetary compensation during the preceding 24 months.

29  Employers may submit such information electronically through

30  the department's Internet site.

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  1         (2)  The board department shall update the certified

  2  nursing assistant registry upon receipt of the lists of

  3  certified nursing assistants, and shall complete the first of

  4  such updates by December 31, 1999.

  5         (3)  Each certified nursing assistant whose name is not

  6  reported to the board department under subsection (1) on

  7  October 1, 1999, shall be assigned an inactive certification

  8  on January 1, 2000. A certified nursing assistant may remove

  9  such an inactive certification by submitting documentation to

10  the board department that he or she was employed for a minimum

11  of 8 hours for monetary compensation as a certified nursing

12  assistant in a nursing-related occupation during the preceding

13  24 months.

14         (4)  This section is repealed October 2, 2001.

15         Section 2.  Paragraph (g) of subsection (3) of section

16  20.43, Florida Statutes, is amended to read:

17         20.43  Department of Health.--There is created a

18  Department of Health.

19         (3)  The following divisions of the Department of

20  Health are established:

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

22  responsible for the following boards and professions

23  established within the division:

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

25         1.2.  Health care services pools, as provided under s.

26  402.48.

27         2.3.  The Board of Acupuncture, created under chapter

28  457.

29         3.4.  The Board of Medicine, created under chapter 458.

30         4.5.  The Board of Osteopathic Medicine, created under

31  chapter 459.

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  1         5.6.  The Board of Chiropractic Medicine, created under

  2  chapter 460.

  3         6.7.  The Board of Podiatric Medicine, created under

  4  chapter 461.

  5         7.8.  Naturopathy, as provided under chapter 462.

  6         8.9.  The Board of Optometry, created under chapter

  7  463.

  8         9.10.  The Board of Nursing, created under part I of

  9  chapter 464.

10         10.  Nursing assistants, as provided under part II of

11  chapter 464.

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

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

14         13.  Midwifery, as provided under chapter 467.

15         14.  The Board of Speech-Language Pathology and

16  Audiology, created under part I of chapter 468.

17         15.  The Board of Nursing Home Administrators, created

18  under part II of chapter 468.

19         16.  The Board of Occupational Therapy, created under

20  part III of chapter 468.

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

22  chapter 468.

23         18.  Dietetics and nutrition practice, as provided

24  under part X of chapter 468.

25         19.  The Board of Athletic Training, created under part

26  XIII of chapter 468.

27         20.  The Board of Orthotists and Prosthetists, created

28  under part XIV of chapter 468.

29         21.  Electrolysis, as provided under chapter 478.

30         22.  The Board of Massage Therapy, created under

31  chapter 480.

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  1         23.  The Board of Clinical Laboratory Personnel,

  2  created under part III of chapter 483.

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

  4  chapter 483.

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

  6  chapter 484.

  7         26.  The Board of Hearing Aid Specialists, created

  8  under part II of chapter 484.

  9         27.  The Board of Physical Therapy Practice, created

10  under chapter 486.

11         28.  The Board of Psychology, created under chapter

12  490.

13         29.  School psychologists, as provided under chapter

14  490.

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

16  Family Therapy, and Mental Health Counseling, created under

17  chapter 491.

18

19  The department may contract with the Agency for Health Care

20  Administration who shall provide consumer complaint,

21  investigative, and prosecutorial services required by the

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

23  appropriate.

24         Section 3.  Subsection (38) of section 39.01, Florida

25  Statutes, is amended to read:

26         39.01  Definitions.--When used in this chapter, unless

27  the context otherwise requires:

28         (38)  "Licensed health care professional" means a

29  physician licensed under chapter 458, an osteopathic physician

30  licensed under chapter 459, a nurse licensed under part I of

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  1  chapter 464, a physician assistant licensed under chapter 458

  2  or chapter 459, or a dentist licensed under chapter 466.

  3         Section 4.  Paragraph (b) of subsection (1) of section

  4  39.304, Florida Statutes, is amended to read:

  5         39.304  Photographs, medical examinations, X rays, and

  6  medical treatment of abused, abandoned, or neglected child.--

  7         (1)

  8         (b)  If the areas of trauma visible on a child indicate

  9  a need for a medical examination, or if the child verbally

10  complains or otherwise exhibits distress as a result of injury

11  through suspected child abuse, abandonment, or neglect, or is

12  alleged to have been sexually abused, the person required to

13  investigate may cause the child to be referred for diagnosis

14  to a licensed physician or an emergency department in a

15  hospital without the consent of the child's parents or legal

16  custodian. Such examination may be performed by any licensed

17  physician or an advanced registered nurse practitioner

18  licensed pursuant to part I of chapter 464. Any licensed

19  physician, or advanced registered nurse practitioner licensed

20  pursuant to part I of chapter 464, who has reasonable cause to

21  suspect that an injury was the result of child abuse,

22  abandonment, or neglect may authorize a radiological

23  examination to be performed on the child without the consent

24  of the child's parent or legal custodian.

25         Section 5.  Paragraph (c) of subsection (6) of section

26  110.131, Florida Statutes, is amended to read:

27         110.131  Other-personal-services temporary

28  employment.--

29         (6)

30         (c)  Notwithstanding the provisions of this section,

31  the agency head or his or her designee may extend the

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  1  other-personal-services employment of a health care

  2  practitioner licensed pursuant to chapter 458, chapter 459,

  3  chapter 460, chapter 461, chapter 463, part I of chapter 464,

  4  chapter 466, chapter 468, chapter 483, chapter 486, or chapter

  5  490 beyond 2,080 hours and may employ such practitioner on an

  6  hourly or other basis.

  7         Section 6.  Subsection (1) of section 232.46, Florida

  8  Statutes, is amended to read:

  9         232.46  Administration of medication by school district

10  personnel.--

11         (1)  Notwithstanding the provisions of the Nurse

12  Practice Act, part I of chapter 464, school district personnel

13  shall be authorized to assist students in the administration

14  of prescription medication when the following conditions have

15  been met:

16         (a)  Each district school board shall include in its

17  approved school health services plan a procedure to provide

18  training, by a registered nurse, a licensed practical nurse, a

19  physician licensed pursuant to chapter 458 or chapter 459, or

20  a physician assistant licensed pursuant to chapter 458 or

21  chapter 459, to the school personnel designated by the

22  principal to assist students in the administration of

23  prescribed medication.  Such training may be provided in

24  collaboration with other school districts, through contract

25  with an education consortium, or by any other arrangement

26  consistent with the intent of this section.

27         (b)  Each district school board shall adopt policies

28  and procedures governing the administration of prescription

29  medication by school district personnel.  The policies and

30  procedures shall include, but not be limited to, the following

31  provisions:

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  1         1.  For each prescribed medication, the student's

  2  parent or guardian shall provide to the school principal a

  3  written statement which shall grant to the principal or the

  4  principal's designee permission to assist in the

  5  administration of such medication and which shall explain the

  6  necessity for such medication to be provided during the school

  7  day, including any occasion when the student is away from

  8  school property on official school business. The school

  9  principal or the principal's trained designee shall assist the

10  student in the administration of such medication.

11         2.  Each prescribed medication to be administered by

12  school district personnel shall be received, counted, and

13  stored in its original container. When the medication is not

14  in use, it shall be stored in its original container in a

15  secure fashion under lock and key in a location designated by

16  the principal.

17         Section 7.  Subsection (6) of section 240.4075, Florida

18  Statutes, is amended to read:

19         240.4075  Nursing Student Loan Forgiveness Program.--

20         (6)  In addition to licensing fees imposed under part I

21  of chapter 464, there is hereby levied and imposed an

22  additional fee of $5, which fee shall be paid upon licensure

23  or renewal of nursing licensure. Revenues collected from the

24  fee imposed in this subsection shall be deposited in the

25  Nursing Student Loan Forgiveness Trust Fund of the Department

26  of Education and will be used solely for the purpose of

27  carrying out the provisions of this section and s. 240.4076.

28  Up to 50 percent of the revenues appropriated to implement

29  this subsection may be used for the nursing scholarship

30  program established pursuant to s. 240.4076.

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  1         Section 8.  Paragraph (b) of subsection (1) of section

  2  246.081, Florida Statutes, is amended to read:

  3         246.081  License, certificate of exemption, or

  4  authorization required; exceptions.--

  5         (1)  The following colleges are not under the

  6  jurisdiction of the board and are not required to obtain a

  7  license, a certificate of exemption, permission to operate, or

  8  an authorization from the board:

  9         (b)  Any college, school, or course licensed or

10  approved for establishment and operation under part I of

11  chapter 464, chapter 466, or chapter 475, or any other chapter

12  of the Florida Statutes, requiring licensing or approval as

13  defined in ss. 246.011-246.151.

14         Section 9.  Subsection (2) of section 310.102, Florida

15  Statutes, is amended to read:

16         310.102  Treatment programs for impaired pilots and

17  deputy pilots.--

18         (2)  The department shall retain one or more impaired

19  practitioner consultants as recommended by the committee. A

20  consultant shall be a licensee under the jurisdiction of the

21  Division of Medical Quality Assurance within the Department of

22  Health, and at least one consultant must be a practitioner

23  licensed under chapter 458, chapter 459, or part I of chapter

24  464. The consultant shall assist the probable cause panel and

25  department in carrying out the responsibilities of this

26  section. This shall include working with department

27  investigators to determine whether a pilot or deputy pilot is,

28  in fact, impaired.

29         Section 10.  Subsection (7) of section 381.0302,

30  Florida Statutes, is amended to read:

31         381.0302  Florida Health Services Corps.--

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  1         (7)  The financial penalty for noncompliance with

  2  participation requirements for persons who have received

  3  financial payments under subsection (5) or subsection (6)

  4  shall be determined in the same manner as in the National

  5  Health Services Corps scholarship program.  In addition,

  6  noncompliance with participation requirements shall also

  7  result in ineligibility for professional licensure or renewal

  8  of licensure under chapter 458, chapter 459, chapter 460, part

  9  I of chapter 464, chapter 465, or chapter 466.  For a

10  participant who is unable to participate for reasons of

11  disability, the penalty is the actual amount of financial

12  assistance provided to the participant.  Financial penalties

13  shall be deposited in the Florida Health Services Corps Trust

14  Fund and shall be used to provide additional scholarship and

15  financial assistance.

16         Section 11.  Subsection (1) of section 384.30, Florida

17  Statutes, is amended to read:

18         384.30  Minors' consent to treatment.--

19         (1)  The department and its authorized representatives,

20  each physician licensed to practice medicine under the

21  provisions of chapter 458 or chapter 459, each health care

22  professional licensed under the provisions of part I of

23  chapter 464 who is acting pursuant to the scope of his or her

24  license, and each public or private hospital, clinic, or other

25  health facility may examine and provide treatment for sexually

26  transmissible diseases to any minor, if the physician, health

27  care professional, or facility is qualified to provide such

28  treatment.  The consent of the parents or guardians of a minor

29  is not a prerequisite for an examination or treatment.

30         Section 12.  Section 384.31, Florida Statutes, is

31  amended to read:

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  1         384.31  Serological testing of pregnant women; duty of

  2  the attendant.--

  3         (1)  Every person, including every physician licensed

  4  under chapter 458 or chapter 459 or midwife licensed under

  5  part I of chapter 464 or chapter 467, attending a pregnant

  6  woman for conditions relating to pregnancy during the period

  7  of gestation and delivery shall take or cause to be taken a

  8  sample of venous blood at a time or times specified by the

  9  department.  Each sample of blood shall be tested by a

10  laboratory approved for such purposes under part I of chapter

11  483 for sexually transmissible diseases as required by rule of

12  the department.

13         (2)  At the time the venous blood sample is taken,

14  testing for human immunodeficiency virus (HIV) infection shall

15  be offered to each pregnant woman. The prevailing professional

16  standard of care in this state requires each health care

17  provider and midwife who attends a pregnant woman to counsel

18  the woman to be tested for human immunodeficiency virus (HIV).

19  Counseling shall include a discussion of the availability of

20  treatment if the pregnant woman tests HIV positive. If a

21  pregnant woman objects to HIV testing, reasonable steps shall

22  be taken to obtain a written statement of such objection,

23  signed by the patient, which shall be placed in the patient's

24  medical record. Every person, including every physician

25  licensed under chapter 458 or chapter 459 or midwife licensed

26  under part I of chapter 464 or chapter 467, who attends a

27  pregnant woman who has been offered and objects to HIV testing

28  shall be immune from liability arising out of or related to

29  the contracting of HIV infection or acquired immune deficiency

30  syndrome (AIDS) by the child from the mother.

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  1         Section 13.  Subsection (23) of section 394.455,

  2  Florida Statutes, is amended to read:

  3         394.455  Definitions.--As used in this part, unless the

  4  context clearly requires otherwise, the term:

  5         (23)  "Psychiatric nurse" means a registered nurse

  6  licensed under part I of chapter 464 who has a master's degree

  7  or a doctorate in psychiatric nursing and 2 years of

  8  post-master's clinical experience under the supervision of a

  9  physician.

10         Section 14.  Paragraphs (a) and (b) of subsection (2)

11  and subsection (4) of section 395.0191, Florida Statutes, are

12  amended to read:

13         395.0191  Staff membership and clinical privileges.--

14         (2)(a)  Each licensed facility shall establish rules

15  and procedures for consideration of an application for

16  clinical privileges submitted by an advanced registered nurse

17  practitioner licensed and certified under part I of chapter

18  464, in accordance with the provisions of this section.  No

19  licensed facility shall deny such application solely because

20  the applicant is licensed under part I of chapter 464 or

21  because the applicant is not a participant in the Florida

22  Birth-Related Neurological Injury Compensation Plan.

23         (b)  An advanced registered nurse practitioner who is

24  certified as a registered nurse anesthetist licensed under

25  part I of chapter 464 shall administer anesthesia under the

26  onsite medical direction of a professional licensed under

27  chapter 458, chapter 459, or chapter 466, and in accordance

28  with an established protocol approved by the medical staff.

29  The medical direction shall specifically address the needs of

30  the individual patient.

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  1         (4)  Nothing herein shall restrict in any way the

  2  authority of the medical staff of a licensed facility to

  3  review for approval or disapproval all applications for

  4  appointment and reappointment to all categories of staff and

  5  to make recommendations on each applicant to the governing

  6  board, including the delineation of privileges to be granted

  7  in each case.  In making such recommendations and in the

  8  delineation of privileges, each applicant shall be considered

  9  individually pursuant to criteria for a doctor licensed under

10  chapter 458, chapter 459, chapter 461, or chapter 466, or for

11  an advanced registered nurse practitioner licensed and

12  certified under part I of chapter 464, or for a psychologist

13  licensed under chapter 490, as applicable.  The applicant's

14  eligibility for staff membership or clinical privileges shall

15  be determined by the applicant's background, experience,

16  health, training, and demonstrated competency; the applicant's

17  adherence to applicable professional ethics; the applicant's

18  reputation; and the applicant's ability to work with others

19  and by such other elements as determined by the governing

20  board, consistent with this part.

21         Section 15.  Subsection (11) of section 400.021,

22  Florida Statutes, is amended to read:

23         400.021  Definitions.--When used in this part, unless

24  the context otherwise requires, the term:

25         (11)  "Nursing home facility" means any facility which

26  provides nursing services as defined in part I of chapter 464

27  and which is licensed according to this part.

28         Section 16.  Section 400.211, Florida Statutes, is

29  amended to read:

30         400.211  Persons employed as nursing assistants;

31  certification requirement.--

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  1         (1)  To serve as a nursing assistant in any nursing

  2  home, a person must be certified as a nursing assistant under

  3  part II XV of chapter 464 468, unless the person is except a

  4  registered nurse or practical nurse licensed in accordance

  5  with part I of chapter 464 or an applicant for such licensure

  6  who is permitted to practice nursing in accordance with rules

  7  adopted by the Board of Nursing pursuant to part I of chapter

  8  464, to serve as a nursing assistant in any nursing home.

  9         (2)  The following categories of persons who are not

10  certified as nursing assistants under this part II of chapter

11  464 may be employed by a nursing facility for a period of 4

12  months:

13         (a)  Persons who are enrolled in a state-approved

14  nursing assistant program; or

15         (b)  Persons who have been positively verified by the

16  department a state-approved test site as certified and on the

17  registry in another state with no findings of abuse, but who

18  have not completed the written examination required under s.

19  464.203 this section.

20

21  The certification requirement must be met within 4 months

22  after of initial employment as a nursing assistant in a

23  licensed nursing facility.

24         (3)  Nursing homes shall require persons seeking

25  employment as a certified nursing assistant to submit an

26  employment history to the facility. The facility shall verify

27  the employment history unless, through diligent efforts, such

28  verification is not possible.  There shall be no monetary

29  liability on the part of, and no cause of action for damages

30  shall arise against, a former employer who reasonably and in

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  1  good faith communicates his or her honest opinion about a

  2  former employee's job performance.

  3         Section 17.  Paragraph (b) of subsection (4) of section

  4  400.215, Florida Statutes, is amended to read:

  5         400.215  Personnel screening requirement.--

  6         (4)

  7         (b)  As provided in s. 435.07, the appropriate

  8  regulatory board within the Department of Health, or that

  9  department itself when there is no board, may grant an

10  exemption from disqualification to an employee or prospective

11  employee who is subject to this section and who has received a

12  professional license or certification from the Department of

13  Health or a regulatory board within that department.

14         Section 18.  Subsections (12) and (14) of section

15  400.402, Florida Statutes, are amended to read:

16         400.402  Definitions.--When used in this part, the

17  term:

18         (12)  "Extended congregate care" means acts beyond

19  those authorized in subsection (17) that may be performed

20  pursuant to part I of chapter 464 by persons licensed

21  thereunder while carrying out their professional duties, and

22  other supportive services which may be specified by rule.  The

23  purpose of such services is to enable residents to age in

24  place in a residential environment despite mental or physical

25  limitations that might otherwise disqualify them from

26  residency in a facility licensed under this part.

27         (14)  "Limited nursing services" means acts that may be

28  performed pursuant to part I of chapter 464 by persons

29  licensed thereunder while carrying out their professional

30  duties but limited to those acts which the department

31  specifies by rule.  Acts which may be specified by rule as

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  1  allowable limited nursing services shall be for persons who

  2  meet the admission criteria established by the department for

  3  assisted living facilities and shall not be complex enough to

  4  require 24-hour nursing supervision and may include such

  5  services as the application and care of routine dressings, and

  6  care of casts, braces, and splints.

  7         Section 19.  Paragraphs (a) and (b) of subsection (3)

  8  of section 400.407, Florida Statutes, are amended to read:

  9         400.407  License required; fee, display.--

10         (3)  Any license granted by the agency must state the

11  maximum resident capacity of the facility, the type of care

12  for which the license is granted, the date the license is

13  issued, the expiration date of the license, and any other

14  information deemed necessary by the agency. Licenses shall be

15  issued for one or more of the following categories of care:

16  standard, extended congregate care, limited nursing services,

17  or limited mental health.

18         (a)  A standard license shall be issued to facilities

19  providing one or more of the services identified in s.

20  400.402. Such facilities may also employ or contract with a

21  person licensed under part I of chapter 464 to administer

22  medications and perform other tasks as specified in s.

23  400.4255.

24         (b)  An extended congregate care license shall be

25  issued to facilities providing, directly or through contract,

26  services beyond those authorized in paragraph (a), including

27  acts performed pursuant to part I of chapter 464 by persons

28  licensed thereunder, and supportive services defined by rule

29  to persons who otherwise would be disqualified from continued

30  residence in a facility licensed under this part.

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  1         1.  In order for extended congregate care services to

  2  be provided in a facility licensed under this part, the agency

  3  must first determine that all requirements established in law

  4  and rule are met and must specifically designate, on the

  5  facility's license, that such services may be provided and

  6  whether the designation applies to all or part of a facility.

  7  Such designation may be made at the time of initial licensure

  8  or biennial relicensure, or upon request in writing by a

  9  licensee under this part. Notification of approval or denial

10  of such request shall be made within 90 days after receipt of

11  such request and all necessary documentation. Existing

12  facilities qualifying to provide extended congregate care

13  services must have maintained a standard license and may not

14  have been subject to administrative sanctions during the

15  previous 2 years, or since initial licensure if the facility

16  has been licensed for less than 2 years, for any of the

17  following reasons:

18         a.  A class I or class II violation;

19         b.  Three or more repeat or recurring class III

20  violations of identical or similar resident care standards as

21  specified in rule from which a pattern of noncompliance is

22  found by the agency;

23         c.  Three or more class III violations that were not

24  corrected in accordance with the corrective action plan

25  approved by the agency;

26         d.  Violation of resident care standards resulting in a

27  requirement to employ the services of a consultant pharmacist

28  or consultant dietitian;

29         e.  Denial, suspension, or revocation of a license for

30  another facility under this part in which the applicant for an

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  1  extended congregate care license has at least 25 percent

  2  ownership interest; or

  3         f.  Imposition of a moratorium on admissions or

  4  initiation of injunctive proceedings.

  5         2.  Facilities that are licensed to provide extended

  6  congregate care services shall maintain a written progress

  7  report on each person who receives such services, which report

  8  describes the type, amount, duration, scope, and outcome of

  9  services that are rendered and the general status of the

10  resident's health.  A registered nurse, or appropriate

11  designee, representing the agency shall visit such facilities

12  at least two times a year to monitor residents who are

13  receiving extended congregate care services and to determine

14  if the facility is in compliance with this part and with rules

15  that relate to extended congregate care. One of these visits

16  may be in conjunction with the regular biennial survey.  The

17  monitoring visits may be provided through contractual

18  arrangements with appropriate community agencies.  A

19  registered nurse shall serve as part of the team that

20  biennially inspects such facility. The agency may waive one of

21  the required yearly monitoring visits for a facility that has

22  been licensed for at least 24 months to provide extended

23  congregate care services, if, during the biennial inspection,

24  the registered nurse determines that extended congregate care

25  services are being provided appropriately, and if the facility

26  has no class I or class II violations and no uncorrected class

27  III violations. Before such decision is made, the agency shall

28  consult with the long-term care ombudsman council for the area

29  in which the facility is located to determine if any

30  complaints have been made and substantiated about the quality

31  of services or care.  The agency may not waive one of the

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  1  required yearly monitoring visits if complaints have been made

  2  and substantiated.

  3         3.  Facilities that are licensed to provide extended

  4  congregate care services shall:

  5         a.  Demonstrate the capability to meet unanticipated

  6  resident service needs.

  7         b.  Offer a physical environment that promotes a

  8  homelike setting, provides for resident privacy, promotes

  9  resident independence, and allows sufficient congregate space

10  as defined by rule.

11         c.  Have sufficient staff available, taking into

12  account the physical plant and firesafety features of the

13  building, to assist with the evacuation of residents in an

14  emergency, as necessary.

15         d.  Adopt and follow policies and procedures that

16  maximize resident independence, dignity, choice, and

17  decisionmaking to permit residents to age in place to the

18  extent possible, so that moves due to changes in functional

19  status are minimized or avoided.

20         e.  Allow residents or, if applicable, a resident's

21  representative, designee, surrogate, guardian, or attorney in

22  fact to make a variety of personal choices, participate in

23  developing service plans, and share responsibility in

24  decisionmaking.

25         f.  Implement the concept of managed risk.

26         g.  Provide, either directly or through contract, the

27  services of a person licensed pursuant to part I of chapter

28  464.

29         h.  In addition to the training mandated in s. 400.452,

30  provide specialized training as defined by rule for facility

31  staff.

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  1         4.  Facilities licensed to provide extended congregate

  2  care services are exempt from the criteria for continued

  3  residency as set forth in rules adopted under s. 400.441.

  4  Facilities so licensed shall adopt their own requirements

  5  within guidelines for continued residency set forth by the

  6  department in rule.  However, such facilities may not serve

  7  residents who require 24-hour nursing supervision. Facilities

  8  licensed to provide extended congregate care services shall

  9  provide each resident with a written copy of facility policies

10  governing admission and retention.

11         5.  The primary purpose of extended congregate care

12  services is to allow residents, as they become more impaired,

13  the option of remaining in a familiar setting from which they

14  would otherwise be disqualified for continued residency.  A

15  facility licensed to provide extended congregate care services

16  may also admit an individual who exceeds the admission

17  criteria for a facility with a standard license, if the

18  individual is determined appropriate for admission to the

19  extended congregate care facility.

20         6.  Before admission of an individual to a facility

21  licensed to provide extended congregate care services, the

22  individual must undergo a medical examination as provided in

23  s. 400.426(4) and the facility must develop a preliminary

24  service plan for the individual.

25         7.  When a facility can no longer provide or arrange

26  for services in accordance with the resident's service plan

27  and needs and the facility's policy, the facility shall make

28  arrangements for relocating the person in accordance with s.

29  400.428(1)(k).

30

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  1         8.  Failure to provide extended congregate care

  2  services may result in denial of extended congregate care

  3  license renewal.

  4         9.  No later than January 1 of each year, the

  5  department, in consultation with the agency, shall prepare and

  6  submit to the Governor, the President of the Senate, the

  7  Speaker of the House of Representatives, and the chairs of

  8  appropriate legislative committees, a report on the status of,

  9  and recommendations related to, extended congregate care

10  services. The status report must include, but need not be

11  limited to, the following information:

12         a.  A description of the facilities licensed to provide

13  such services, including total number of beds licensed under

14  this part.

15         b.  The number and characteristics of residents

16  receiving such services.

17         c.  The types of services rendered that could not be

18  provided through a standard license.

19         d.  An analysis of deficiencies cited during biennial

20  inspections.

21         e.  The number of residents who required extended

22  congregate care services at admission and the source of

23  admission.

24         f.  Recommendations for statutory or regulatory

25  changes.

26         g.  The availability of extended congregate care to

27  state clients residing in facilities licensed under this part

28  and in need of additional services, and recommendations for

29  appropriations to subsidize extended congregate care services

30  for such persons.

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  1         h.  Such other information as the department considers

  2  appropriate.

  3         Section 20.  Paragraphs (a) and (c) of subsection (1)

  4  and subsection (2) of section 400.4255, Florida Statutes, are

  5  amended to read:

  6         400.4255  Use of personnel; emergency care.--

  7         (1)(a)  Persons under contract to the facility,

  8  facility staff, or volunteers, who are licensed according to

  9  part I of chapter 464, or those persons exempt under s.

10  464.022(1), and others as defined by rule, may administer

11  medications to residents, take residents' vital signs, manage

12  individual weekly pill organizers for residents who

13  self-administer medication, give prepackaged enemas ordered by

14  a physician, observe residents, document observations on the

15  appropriate resident's record, report observations to the

16  resident's physician, and contract or allow residents or a

17  resident's representative, designee, surrogate, guardian, or

18  attorney in fact to contract with a third party, provided

19  residents meet the criteria for appropriate placement as

20  defined in s. 400.426.  Nursing assistants certified pursuant

21  to part II of chapter 464 s. 400.211 may take residents' vital

22  signs as directed by a licensed nurse or physician.

23         (c)  In an emergency situation, licensed personnel may

24  carry out their professional duties pursuant to part I of

25  chapter 464 until emergency medical personnel assume

26  responsibility for care.

27         (2)  In facilities licensed to provide extended

28  congregate care, persons under contract to the facility,

29  facility staff, or volunteers, who are licensed according to

30  part I of chapter 464, or those persons exempt under s.

31  464.022(1), or those persons certified as nursing assistants

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  1  pursuant to part II of chapter 464 s. 400.211, may also

  2  perform all duties within the scope of their license or

  3  certification, as approved by the facility administrator and

  4  pursuant to this part.

  5         Section 21.  Subsection (3) of section 400.426, Florida

  6  Statutes, is amended to read:

  7         400.426  Appropriateness of placements; examinations of

  8  residents.--

  9         (3)  Persons licensed under part I of chapter 464 who

10  are employed by or under contract with a facility shall, on a

11  routine basis or at least monthly, perform a nursing

12  assessment of the residents for whom they are providing

13  nursing services ordered by a physician, except administration

14  of medication, and shall document such assessment, including

15  any substantial changes in a resident's status which may

16  necessitate relocation to a nursing home, hospital, or

17  specialized health care facility.  Such records shall be

18  maintained in the facility for inspection by the agency and

19  shall be forwarded to the resident's case manager, if

20  applicable.

21         Section 22.  Subsections (3) and (21) of section

22  400.462, Florida Statutes, are amended to read:

23         400.462  Definitions.--As used in this part, the term:

24         (3)  "Certified nursing assistant" means any person who

25  has been issued a certificate under part II of chapter 464 s.

26  400.211. The licensed home health agency or licensed nurse

27  registry shall ensure that the certified nursing assistant

28  employed by or under contract with the home health agency or

29  licensed nurse registry is adequately trained to perform the

30  tasks of a home health aide in the home setting.

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  1         (21)  "Skilled care" means nursing services or

  2  therapeutic services delivered by a health care professional

  3  who is licensed under part I of chapter 464; part I, part III,

  4  or part V of chapter 468; or chapter 486 and who is employed

  5  by or under contract with a licensed home health agency or is

  6  referred by a licensed nurse registry.

  7         Section 23.  Paragraph (c) of subsection (6) of section

  8  400.464, Florida Statutes, is amended to read:

  9         400.464  Home health agencies to be licensed;

10  expiration of license; exemptions; unlawful acts; penalties.--

11         (6)  The following are exempt from the licensure

12  requirements of this part:

13         (c)  A health care professional, whether or not

14  incorporated, who is licensed under chapter 457; chapter 458;

15  chapter 459; part I of chapter 464; chapter 467; part I, part

16  III, part V, or part X of chapter 468; chapter 480; chapter

17  486; chapter 490; or chapter 491; and who is acting alone

18  within the scope of his or her professional license to provide

19  care to patients in their homes.

20         Section 24.  Paragraph (a) of subsection (10),

21  subsection (11), and paragraph (a) of subsection (15) of

22  section 400.506, Florida Statutes, are amended to read:

23         400.506  Licensure of nurse registries; requirements;

24  penalties.--

25         (10)(a)  A nurse registry may refer for contract in

26  private residences registered nurses and licensed practical

27  nurses registered and licensed under part I of chapter 464,

28  certified nursing assistants certified under part II of

29  chapter 464 s. 400.211, home health aides who present

30  documented proof of successful completion of the training

31  required by rule of the agency, and companions or homemakers

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  1  for the purposes of providing those services authorized under

  2  s. 400.509(1). Each person referred by a nurse registry must

  3  provide current documentation that he or she is free from

  4  communicable diseases.

  5         (11)  A person who is referred by a nurse registry for

  6  contract in private residences and who is not a nurse licensed

  7  under part I of chapter 464 may perform only those services or

  8  care to clients that the person has been certified to perform

  9  or trained to perform as required by law or rules of the

10  Agency for Health Care Administration or the Department of

11  Business and Professional Regulation. Providing services

12  beyond the scope authorized under this subsection constitutes

13  the unauthorized practice of medicine or a violation of the

14  Nurse Practice Act and is punishable as provided under chapter

15  458, chapter 459, or part I of chapter 464.

16         (15)  All persons referred for contract in private

17  residences by a nurse registry must comply with the following

18  requirements for a plan of treatment:

19         (a)  When, in accordance with the privileges and

20  restrictions imposed upon a nurse under part I of chapter 464,

21  the delivery of care to a patient is under the direction or

22  supervision of a physician or when a physician is responsible

23  for the medical care of the patient, a medical plan of

24  treatment must be established for each patient receiving care

25  or treatment provided by a licensed nurse in the home.  The

26  original medical plan of treatment must be timely signed by

27  the physician and reviewed by him or her in consultation with

28  the licensed nurse at least every 2 months.  Any additional

29  order or change in orders must be obtained from the physician

30  and reduced to writing and timely signed by the physician.

31  The delivery of care under a medical plan of treatment must be

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  1  substantiated by the appropriate nursing notes or

  2  documentation made by the nurse in compliance with nursing

  3  practices established under part I of chapter 464.

  4         Section 25.  Subsection (1) of section 400.512, Florida

  5  Statutes, is amended to read:

  6         400.512  Screening of home health agency personnel;

  7  nurse registry personnel; and companions and homemakers.--The

  8  agency shall require employment or contractor screening as

  9  provided in chapter 435, using the level 1 standards for

10  screening set forth in that chapter, for home health agency

11  personnel; persons referred for employment by nurse

12  registries; and persons employed by companion or homemaker

13  services registered under s. 400.509.

14         (1)(a)  The Agency for Health Care Administration may,

15  upon request, grant exemptions from disqualification from

16  employment or contracting under this section as provided in s.

17  435.07, except for health care practitioners licensed by the

18  Department of Health or a regulatory board within that

19  department.

20         (b)  The appropriate regulatory board within the

21  Department of Health, or that department itself when there is

22  no board, may, upon request of the licensed health care

23  practitioner, grant exemptions from disqualification from

24  employment or contracting under this section as provided in s.

25  435.07.

26         Section 26.  Subsections (2) and (3) of section

27  400.6105, Florida Statutes, are amended to read:

28         400.6105  Staffing and personnel.--

29         (2)  Each hospice shall employ a full-time registered

30  nurse licensed pursuant to part I of chapter 464 who shall

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  1  coordinate the implementation of the plan of care for each

  2  patient.

  3         (3)  A hospice shall employ a hospice care team or

  4  teams who shall participate in the establishment and ongoing

  5  review of the patient's plan of care, and be responsible for

  6  and supervise the delivery of hospice care and services to the

  7  patient. The team shall, at a minimum, consist of a physician

  8  licensed pursuant to chapter 458 or chapter 459, a nurse

  9  licensed pursuant to part I of chapter 464, a social worker,

10  and a pastoral or other counselor. The composition of the team

11  may vary for each patient and, over time, for the same patient

12  to ensure that all the patient's needs and preferences are

13  met.

14         Section 27.  Subsection (20) of section 401.23, Florida

15  Statutes, is amended to read:

16         401.23  Definitions.--As used in this part, the term:

17         (20)  "Registered nurse" means a practitioner who is

18  licensed to practice professional nursing pursuant to part I

19  of chapter 464.

20         Section 28.  Paragraph (c) of subsection (1) of section

21  401.252, Florida Statutes, is amended to read:

22         401.252  Interfacility transfer.--

23         (1)  A licensed basic or advanced life support

24  ambulance service may conduct interfacility transfers in a

25  permitted ambulance, using a registered nurse in place of an

26  emergency medical technician or paramedic, if:

27         (c)  The registered nurse operates within the scope of

28  part I of chapter 464.

29         Section 29.  Subsection (11) of section 408.706,

30  Florida Statutes, is amended to read:

31

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  1         408.706  Community health purchasing alliances;

  2  accountable health partnerships.--

  3         (11)  The ability to recruit and retain alliance

  4  district health care providers in its provider network. For

  5  provider networks initially formed in an alliance district

  6  after July 1, 1993, an accountable health partnership shall

  7  make offers as to provider participation in its provider

  8  network to relevant alliance district health care providers

  9  for at least 60 percent of the available provider positions. A

10  provider who is made an offer may participate in an

11  accountable health partnership as long as the provider abides

12  by the terms and conditions of the provider network contract,

13  provides services at a rate or price equal to the rate or

14  price negotiated by the accountable health partnership, and

15  meets all of the accountable health partnership's

16  qualifications for participation in its provider networks

17  including, but not limited to, network adequacy criteria. For

18  purposes of this subsection, "alliance district health care

19  provider" means a health care provider who is licensed under

20  chapter 458, chapter 459, chapter 460, chapter 461, part I of

21  chapter 464, or chapter 465 who has practiced in Florida for

22  more than 1 year within the alliance district served by the

23  accountable health partnership.

24         Section 30.  Paragraph (d) of subsection (12) of

25  section 409.908, Florida Statutes, is amended to read:

26         409.908  Reimbursement of Medicaid providers.--Subject

27  to specific appropriations, the agency shall reimburse

28  Medicaid providers, in accordance with state and federal law,

29  according to methodologies set forth in the rules of the

30  agency and in policy manuals and handbooks incorporated by

31  reference therein.  These methodologies may include fee

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  1  schedules, reimbursement methods based on cost reporting,

  2  negotiated fees, competitive bidding pursuant to s. 287.057,

  3  and other mechanisms the agency considers efficient and

  4  effective for purchasing services or goods on behalf of

  5  recipients.  Payment for Medicaid compensable services made on

  6  behalf of Medicaid eligible persons is subject to the

  7  availability of moneys and any limitations or directions

  8  provided for in the General Appropriations Act or chapter 216.

  9  Further, nothing in this section shall be construed to prevent

10  or limit the agency from adjusting fees, reimbursement rates,

11  lengths of stay, number of visits, or number of services, or

12  making any other adjustments necessary to comply with the

13  availability of moneys and any limitations or directions

14  provided for in the General Appropriations Act, provided the

15  adjustment is consistent with legislative intent.

16         (12)

17         (d)  Notwithstanding paragraph (b), reimbursement fees

18  to physicians for providing total obstetrical services to

19  Medicaid recipients, which include prenatal, delivery, and

20  postpartum care, shall be at least $1,500 per delivery for a

21  pregnant woman with low medical risk and at least $2,000 per

22  delivery for a pregnant woman with high medical risk. However,

23  reimbursement to physicians working in Regional Perinatal

24  Intensive Care Centers designated pursuant to chapter 383, for

25  services to certain pregnant Medicaid recipients with a high

26  medical risk, may be made according to obstetrical care and

27  neonatal care groupings and rates established by the agency.

28  Nurse midwives licensed under part I of chapter 464 or

29  midwives licensed under chapter 467 shall be reimbursed at no

30  less than 80 percent of the low medical risk fee. The agency

31  shall by rule determine, for the purpose of this paragraph,

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  1  what constitutes a high or low medical risk pregnant woman and

  2  shall not pay more based solely on the fact that a caesarean

  3  section was performed, rather than a vaginal delivery. The

  4  agency shall by rule determine a prorated payment for

  5  obstetrical services in cases where only part of the total

  6  prenatal, delivery, or postpartum care was performed. The

  7  Department of Health shall adopt rules for appropriate

  8  insurance coverage for midwives licensed under chapter 467.

  9  Prior to the issuance and renewal of an active license, or

10  reactivation of an inactive license for midwives licensed

11  under chapter 467, such licensees shall submit proof of

12  coverage with each application.

13         Section 31.  Subsection (1) of section 415.1085,

14  Florida Statutes, is amended to read:

15         415.1085  Photographs, medical examinations, and X rays

16  of abused or neglected aged persons or disabled adults.--

17         (1)  Any person authorized by law to investigate cases

18  of alleged abuse or neglect of an aged person or disabled

19  adult may take or cause to be taken photographs of the areas

20  of trauma visible on the aged person or disabled adult who is

21  the subject of a report, and photographs of the surrounding

22  environment, with the consent of the subject or guardian or

23  guardians.  If the areas of trauma visible on the aged person

24  or disabled adult indicate a need for medical examination, or

25  if the aged person or disabled adult verbally complains or

26  otherwise exhibits distress as a result of injury through

27  suspected adult abuse, neglect, or exploitation, or is alleged

28  to have been sexually abused, the department may, with the

29  consent of the subject or guardian or guardians, cause the

30  aged person or disabled adult to be referred to a licensed

31  physician or any emergency department in a hospital or health

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  1  care facility for medical examinations and X rays, if deemed

  2  necessary by the examining physician.  Such examinations may

  3  be performed by an advanced registered nurse practitioner

  4  licensed pursuant to part I of chapter 464.  Medical

  5  examinations performed and X rays taken pursuant to this

  6  section shall be paid for by third-party reimbursement, if

  7  available, or by the subject or his or her guardian, if they

  8  are determined to be financially able to pay; or, if neither

  9  is available, the department shall pay the costs within

10  available emergency services funds.

11         Section 32.  Paragraph (a) of subsection (1) of section

12  455.597 Florida Statutes, is amended to read:

13         455.597  Requirement for instruction on domestic

14  violence.--

15         (1)(a)  The appropriate board shall require each person

16  licensed or certified under chapter 458, chapter 459, part I

17  of chapter 464, chapter 466, chapter 467, chapter 490, or

18  chapter 491 to complete a 1-hour continuing education course,

19  approved by the board, on domestic violence, as defined in s.

20  741.28, as part of biennial relicensure or recertification.

21  The course shall consist of information on the number of

22  patients in that professional's practice who are likely to be

23  victims of domestic violence and the number who are likely to

24  be perpetrators of domestic violence, screening procedures for

25  determining whether a patient has any history of being either

26  a victim or a perpetrator of domestic violence, and

27  instruction on how to provide such patients with information

28  on, or how to refer such patients to, resources in the local

29  community, such as domestic violence centers and other

30  advocacy groups, that provide legal aid, shelter, victim

31  counseling, batterer counseling, or child protection services.

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  1         Section 33.  Subsection (1) of section 455.604, Florida

  2  Statutes, is amended to read:

  3         455.604  Requirement for instruction for certain

  4  licensees on human immunodeficiency virus and acquired immune

  5  deficiency syndrome.--

  6         (1)  The appropriate board shall require each person

  7  licensed or certified under chapter 457; chapter 458; chapter

  8  459; chapter 460; chapter 461; chapter 463; part I of chapter

  9  464; chapter 465; chapter 466; part II, part III, part V, or

10  part X of chapter 468; or chapter 486 to complete a continuing

11  educational course, approved by the board, on human

12  immunodeficiency virus and acquired immune deficiency syndrome

13  as part of biennial relicensure or recertification. The course

14  shall consist of education on the modes of transmission,

15  infection control procedures, clinical management, and

16  prevention of human immunodeficiency virus and acquired immune

17  deficiency syndrome. Such course shall include information on

18  current Florida law on acquired immune deficiency syndrome and

19  its impact on testing, confidentiality of test results,

20  treatment of patients, and any protocols and procedures

21  applicable to human immunodeficiency virus counseling and

22  testing, reporting, the offering of HIV testing to pregnant

23  women, and partner notification issues pursuant to ss. 381.004

24  and 384.25.

25         Section 34.  Paragraph (a) of subsection (2) of section

26  455.667, Florida Statutes, is amended to read:

27         455.667  Ownership and control of patient records;

28  report or copies of records to be furnished.--

29         (2)  As used in this section, the terms "records

30  owner," "health care practitioner," and "health care

31  practitioner's employer" do not include any of the following

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  1  persons or entities; furthermore, the following persons or

  2  entities are not authorized to acquire or own medical records,

  3  but are authorized under the confidentiality and disclosure

  4  requirements of this section to maintain those documents

  5  required by the part or chapter under which they are licensed

  6  or regulated:

  7         (a)  Certified nursing assistants regulated under part

  8  II of chapter 464 s. 400.211.

  9         Section 35.  Section 455.677, Florida Statutes, is

10  amended to read:

11         455.677  Disposition of records of deceased

12  practitioners or practitioners relocating or terminating

13  practice.--Each board created under the provisions of chapter

14  457, chapter 458, chapter 459, chapter 460, chapter 461,

15  chapter 463, part I of chapter 464, chapter 465, chapter 466,

16  part I of chapter 484, chapter 486, chapter 490, or chapter

17  491, and the department under the provisions of chapter 462,

18  shall provide by rule for the disposition, under that chapter,

19  of the medical records or records of a psychological nature of

20  practitioners which are in existence at the time the

21  practitioner dies, terminates practice, or relocates and is no

22  longer available to patients and which records pertain to the

23  practitioner's patients.  The rules shall provide that the

24  records be retained for at least 2 years after the

25  practitioner's death, termination of practice, or relocation.

26  In the case of the death of the practitioner, the rules shall

27  provide for the disposition of such records by the estate of

28  the practitioner.

29         Section 36.  Paragraph (b) of subsection (2) of section

30  455.694, Florida Statutes, is amended to read:

31

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  1         455.694  Financial responsibility requirements for

  2  certain health care practitioners.--

  3         (2)  The board or department may grant exemptions upon

  4  application by practitioners meeting any of the following

  5  criteria:

  6         (b)  Any person whose license or certification has

  7  become inactive under chapter 457, chapter 460, chapter 461,

  8  part I of chapter 464, chapter 466, or chapter 467 and who is

  9  not practicing in this state.  Any person applying for

10  reactivation of a license must show either that such licensee

11  maintained tail insurance coverage which provided liability

12  coverage for incidents that occurred on or after October 1,

13  1993, or the initial date of licensure in this state,

14  whichever is later, and incidents that occurred before the

15  date on which the license became inactive; or such licensee

16  must submit an affidavit stating that such licensee has no

17  unsatisfied medical malpractice judgments or settlements at

18  the time of application for reactivation.

19         Section 37.  Subsection (2) of section 455.707, Florida

20  Statutes, is amended to read:

21         455.707  Treatment programs for impaired

22  practitioners.--

23         (2)  The department shall retain one or more impaired

24  practitioner consultants as recommended by the committee.  A

25  consultant shall be a licensee or recovered licensee under the

26  jurisdiction of the Division of Medical Quality Assurance

27  within the department, and at least one consultant must be a

28  practitioner or recovered practitioner licensed under chapter

29  458, chapter 459, or part I of chapter 464.  The consultant

30  shall assist the probable cause panel and department in

31  carrying out the responsibilities of this section.  This shall

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  1  include working with department investigators to determine

  2  whether a practitioner is, in fact, impaired.

  3         Section 38.  Subsection (2) of section 458.348, Florida

  4  Statutes, is amended to read:

  5         458.348  Formal supervisory relationships, standing

  6  orders, and established protocols; notice; standards.--

  7         (2)  ESTABLISHMENT OF STANDARDS BY JOINT

  8  COMMITTEE.--The joint committee created by s. 464.003(3)(c)

  9  shall determine minimum standards for the content of

10  established protocols pursuant to which an advanced registered

11  nurse practitioner may perform medical acts identified and

12  approved by the joint committee pursuant to s. 464.003(3)(c)

13  or acts set forth in s. 464.012(3) and (4) and shall determine

14  minimum standards for supervision of such acts by the

15  physician, unless the joint committee determines that any act

16  set forth in s. 464.012(3) or (4) is not a medical act.  Such

17  standards shall be based on risk to the patient and acceptable

18  standards of medical care and shall take into account the

19  special problems of medically underserved areas. The standards

20  developed by the joint committee shall be adopted as rules by

21  the Board of Nursing and the Board of Medicine for purposes of

22  carrying out their responsibilities pursuant to part I of

23  chapter 464 and this chapter, respectively, but neither board

24  shall have disciplinary powers over the licensees of the other

25  board.

26         Section 39.  Section 464.001, Florida Statutes, is

27  amended to read:

28         464.001  Short title.--This part may be cited chapter

29  shall be known as the "Nurse Practice Act."

30         Section 40.  Section 464.002, Florida Statutes, is

31  amended to read:

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  1         464.002  Purpose.--The sole legislative purpose in

  2  enacting this part chapter is to ensure that every nurse

  3  practicing in this state meets minimum requirements for safe

  4  practice.  It is the legislative intent that nurses who fall

  5  below minimum competency or who otherwise present a danger to

  6  the public shall be prohibited from practicing in this state.

  7         Section 41.  Section 464.003, Florida Statutes, is

  8  amended to read:

  9         464.003  Definitions.--As used in this part chapter:

10         (1)  "Department" means the Department of Health.

11         (2)  "Board" means the Board of Nursing as created in

12  this chapter.

13         (3)(a)  "Practice of professional nursing" means the

14  performance of those acts requiring substantial specialized

15  knowledge, judgment, and nursing skill based upon applied

16  principles of psychological, biological, physical, and social

17  sciences which shall include, but not be limited to:

18         1.  The observation, assessment, nursing diagnosis,

19  planning, intervention, and evaluation of care; health

20  teaching and counseling of the ill, injured, or infirm; and

21  the promotion of wellness, maintenance of health, and

22  prevention of illness of others.

23         2.  The administration of medications and treatments as

24  prescribed or authorized by a duly licensed practitioner

25  authorized by the laws of this state to prescribe such

26  medications and treatments.

27         3.  The supervision and teaching of other personnel in

28  the theory and performance of any of the above acts.

29         (b)  "Practice of practical nursing" means the

30  performance of selected acts, including the administration of

31  treatments and medications, in the care of the ill, injured,

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  1  or infirm and the promotion of wellness, maintenance of

  2  health, and prevention of illness of others under the

  3  direction of a registered nurse, a licensed physician, a

  4  licensed osteopathic physician, a licensed podiatric

  5  physician, or a licensed dentist.

  6

  7  The professional nurse and the practical nurse shall be

  8  responsible and accountable for making decisions that are

  9  based upon the individual's educational preparation and

10  experience in nursing.

11         (c)  "Advanced or specialized nursing practice" means,

12  in addition to the practice of professional nursing, the

13  performance of advanced-level nursing acts approved by the

14  board which, by virtue of postbasic specialized education,

15  training, and experience, are proper to be performed by an

16  advanced registered nurse practitioner.  Within the context of

17  advanced or specialized nursing practice, the advanced

18  registered nurse practitioner may perform acts of nursing

19  diagnosis and nursing treatment of alterations of the health

20  status.  The advanced registered nurse practitioner may also

21  perform acts of medical diagnosis and treatment, prescription,

22  and operation which are identified and approved by a joint

23  committee composed of three members appointed by the Board of

24  Nursing, two of whom shall be advanced registered nurse

25  practitioners; three members appointed by the Board of

26  Medicine, two of whom shall have had work experience with

27  advanced registered nurse practitioners; and the secretary of

28  the department or the secretary's designee. Each committee

29  member appointed by a board shall be appointed to a term of 4

30  years unless a shorter term is required to establish or

31  maintain staggered terms. The Board of Nursing shall adopt

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  1  rules authorizing the performance of any such acts approved by

  2  the joint committee. Unless otherwise specified by the joint

  3  committee, such acts shall be performed under the general

  4  supervision of a practitioner licensed under chapter 458,

  5  chapter 459, or chapter 466 within the framework of standing

  6  protocols which identify the medical acts to be performed and

  7  the conditions for their performance.  The department may, by

  8  rule, require that a copy of the protocol be filed with the

  9  department along with the notice required by s. 458.348.

10         (d)  "Nursing diagnosis" means the observation and

11  evaluation of physical or mental conditions, behaviors, signs

12  and symptoms of illness, and reactions to treatment and the

13  determination as to whether such conditions, signs, symptoms,

14  and reactions represent a deviation from normal.

15         (e)  "Nursing treatment" means the establishment and

16  implementation of a nursing regimen for the care and comfort

17  of individuals, the prevention of illness, and the education,

18  restoration, and maintenance of health.

19         (4)  "Registered nurse" means any person licensed in

20  this state to practice professional nursing.

21         (5)  "Licensed practical nurse" means any person

22  licensed in this state to practice practical nursing.

23         (6)  "Advanced registered nurse practitioner" means any

24  person licensed in this state to practice professional nursing

25  and certified in advanced or specialized nursing practice.

26         (7)  "Approved program" means a nursing program

27  conducted in a school, college, or university which is

28  approved by the board pursuant to s. 464.019 for the education

29  of nurses.

30         Section 42.  Section 464.006, Florida Statutes, is

31  amended to read:

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  1         464.006  Authority to make rules.--The board of Nursing

  2  has authority to adopt rules pursuant to ss. 120.536(1) and

  3  120.54 to implement the provisions of this part chapter

  4  conferring duties upon it.

  5         Section 43.  Subsection (3) of section 464.009, Florida

  6  Statutes, is amended to read:

  7         464.009  Licensure by endorsement.--

  8         (3)  The department shall not issue a license by

  9  endorsement to any applicant who is under investigation in

10  another state for an act which would constitute a violation of

11  this part chapter until such time as the investigation is

12  complete, at which time the provisions of s. 464.018 shall

13  apply.

14         Section 44.  Paragraphs (a) and (d) of subsection (1)

15  and paragraph (b) of subsection (2) of section 464.016,

16  Florida Statutes, are amended to read:

17         464.016  Violations and penalties.--

18         (1)  Each of the following acts constitutes a felony of

19  the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084:

21         (a)  Practicing advanced or specialized, professional

22  or practical nursing, as defined in this part chapter, unless

23  holding an active license or certificate to do so.

24         (d)  Obtaining or attempting to obtain a license or

25  certificate under this part chapter by misleading statements

26  or knowing misrepresentation.

27         (2)  Each of the following acts constitutes a

28  misdemeanor of the first degree, punishable as provided in s.

29  775.082 or s. 775.083:

30         (b)  Knowingly concealing information relating to

31  violations of this part chapter.

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  1         Section 45.  Paragraphs (i), (k), and (l) of subsection

  2  (1) and subsection (4) of section 464.018, Florida Statutes,

  3  are amended to read:

  4         464.018  Disciplinary actions.--

  5         (1)  The following acts shall be grounds for

  6  disciplinary action set forth in this section:

  7         (i)  Engaging or attempting to engage in the

  8  possession, sale, or distribution of controlled substances as

  9  set forth in chapter 893, for any other than legitimate

10  purposes authorized by this part chapter.

11         (k)  Failing to report to the department any person who

12  the licensee knows is in violation of this part chapter or of

13  the rules of the department or the board; however, if the

14  licensee verifies that such person is actively participating

15  in a board-approved program for the treatment of a physical or

16  mental condition, the licensee is required to report such

17  person only to an impaired professionals consultant.

18         (l)  Knowingly violating any provision of this part

19  chapter, a rule of the board or the department, or a lawful

20  order of the board or department previously entered in a

21  disciplinary proceeding or failing to comply with a lawfully

22  issued subpoena of the department.

23         (4)  The board shall not reinstate the license of a

24  nurse who has been found guilty by the board on three separate

25  occasions of violations of this part chapter relating to the

26  use of drugs or narcotics, which offenses involved the

27  diversion of drugs or narcotics from patients to personal use

28  or sale.

29         Section 46.  Subsections (1), (2), and (3) of section

30  464.019, Florida Statutes, are amended to read:

31         464.019  Approval of nursing programs.--

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  1         (1)  An institution desiring to conduct an approved

  2  program for the education of professional or practical nurses

  3  shall apply to the department and submit such evidence as may

  4  be required to show that it complies with the provisions of

  5  this part chapter and with the rules of the board. The

  6  application shall include a program review fee, as set by the

  7  board, not to exceed $1,000.

  8         (2)  The board shall adopt rules regarding educational

  9  objectives, faculty qualifications, curriculum guidelines,

10  administrative procedures, and clinical training as are

11  necessary to ensure that approved programs graduate nurses

12  capable of competent practice under this part act.

13         (3)  The department shall survey each institution

14  applying for approval and submit its findings to the board.

15  If the board is satisfied that the program meets the

16  requirements of this part chapter and rules pursuant thereto,

17  it shall certify the program for approval and the department

18  shall approve the program.

19         Section 47.  Section 464.022, Florida Statutes, is

20  amended to read:

21         464.022  Exceptions.--No provision of this part chapter

22  shall be construed to prohibit:

23         (1)  The care of the sick by friends or members of the

24  family without compensation, the incidental care of the sick

25  by domestic servants, or the incidental care of

26  noninstitutionalized persons by a surrogate family.

27         (2)  Assistance by anyone in the case of an emergency.

28         (3)  The practice of nursing by students enrolled in

29  approved schools of nursing.

30         (4)  The practice of nursing by graduates of approved

31  programs or the equivalent, pending the result of the first

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  1  licensing examination for which they are eligible following

  2  graduation, provided they practice under direct supervision of

  3  a registered professional nurse.  The board shall by rule

  4  define what constitutes direct supervision.

  5         (5)  The rendering of services by nursing assistants

  6  acting under the direct supervision of a registered

  7  professional nurse.

  8         (6)  Any nurse practicing in accordance with the

  9  practices and principles of the body known as the Church of

10  Christ Scientist; nor shall any rule of the board apply to any

11  sanitarium, nursing home, or rest home operated in accordance

12  with the practices and principles of the body known as the

13  Church of Christ Scientist.

14         (7)  The practice of any legally qualified nurse or

15  licensed attendant of another state who is employed by the

16  United States Government, or any bureau, division, or agency

17  thereof, while in the discharge of official duties.

18         (8)  Any nurse currently licensed in another state from

19  performing nursing services in this state for a period of 60

20  days after furnishing to the employer satisfactory evidence of

21  current licensure in another state and having submitted proper

22  application and fees to the board for licensure prior to

23  employment.  The board may extend this time for administrative

24  purposes when necessary.

25         (9)  The rendering of nursing services on a

26  fee-for-service basis, or the reimbursement for nursing

27  services directly to a nurse rendering such services by any

28  government program, commercial insurance company, hospital or

29  medical services plan, or any other third-party payor.

30

31

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  1         (10)  The establishment of an independent practice by

  2  one or more nurses for the purpose of rendering to patients

  3  nursing services within the scope of the nursing license.

  4         (11)  The furnishing of hemodialysis treatments in a

  5  patient's home, using an assistant chosen by the patient,

  6  provided that the assistant is properly trained, as defined by

  7  the board by rule, and has immediate telephonic access to a

  8  registered nurse who is licensed pursuant to this part chapter

  9  and who has dialysis training and experience.

10         (12)  The practice of nursing by any legally qualified

11  nurse of another state whose employment requires the nurse to

12  accompany and care for a patient temporarily residing in this

13  state for not more than 30 consecutive days, provided the

14  patient is not in an inpatient setting, the board is notified

15  prior to arrival of the patient and nurse, the nurse has the

16  standing physician orders and current medical status of the

17  patient available, and prearrangements with the appropriate

18  licensed health care providers in this state have been made in

19  case the patient needs placement in an inpatient setting.

20         (13)  The practice of nursing by individuals enrolled

21  in board-approved remedial courses.

22         Section 48.  Section 464.023, Florida Statutes, is

23  amended to read:

24         464.023  Saving clauses.--

25         (1)  No judicial or administrative proceeding pending

26  on July 1, 1979, shall be abated as a result of the repeal and

27  reenactment of this part chapter.

28         (2)  Each licensee or holder of a certificate who was

29  duly licensed or certified on June 30, 1979, shall be entitled

30  to hold such license or certificate.  Henceforth, such license

31

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  1  or certificate shall be renewed in accordance with the

  2  provisions of this part act.

  3         Section 49.  Paragraph (a) of subsection (3) of section

  4  464.027, Florida Statutes, is amended to read:

  5         464.027  Registered nurse first assistant.--

  6         (3)  QUALIFICATIONS.--A registered nurse first

  7  assistant is any person who:

  8         (a)  Is licensed as a registered nurse under this part

  9  chapter;

10         Section 50.  Subsection (6) of section 466.003, Florida

11  Statutes, is amended to read:

12         466.003  Definitions.--As used in this chapter:

13         (6)  "Dental assistant" means a person, other than a

14  dental hygienist, who, under the supervision and authorization

15  of a dentist, provides dental care services directly to a

16  patient. This term shall not include a certified registered

17  nurse anesthetist licensed under part I of chapter 464.

18         Section 51.  Subsection (2) of section 467.003, Florida

19  Statutes, is amended to read:

20         467.003  Definitions.--As used in this chapter, unless

21  the context otherwise requires:

22         (2)  "Certified nurse midwife" means a person who is

23  licensed as an advanced registered nurse practitioner under

24  part I of chapter 464 and who is certified to practice

25  midwifery by the American College of Nurse Midwives.

26         Section 52.  Paragraph (a) of subsection (2) of section

27  467.0125, Florida Statutes, is amended to read:

28         467.0125  Licensure by endorsement.--

29         (2)  The department may issue a temporary certificate

30  to practice in areas of critical need to any midwife who is

31

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  1  qualifying for licensure by endorsement under subsection (1),

  2  with the following restrictions:

  3         (a)  The Department of Health shall determine the areas

  4  of critical need, and the midwife so certified shall practice

  5  only in those specific areas, under the auspices of a

  6  physician licensed pursuant to chapter 458 or chapter 459, a

  7  certified nurse midwife licensed pursuant to part I of chapter

  8  464, or a midwife licensed under this chapter, who has a

  9  minimum of 3 years' professional experience. Such areas shall

10  include, but not be limited to, health professional shortage

11  areas designated by the United States Department of Health and

12  Human Services.

13         Section 53.  Paragraph (e) of subsection (2) of section

14  467.203, Florida Statutes, is amended to read:

15         467.203  Disciplinary actions; penalties.--

16         (2)  When the department finds any person guilty of any

17  of the grounds set forth in subsection (1), it may enter an

18  order imposing one or more of the following penalties:

19         (e)  Placement of the midwife on probation for such

20  period of time and subject to such conditions as the

21  department may specify, including requiring the midwife to

22  submit to treatment; undertake further relevant education or

23  training; take an examination; or work under the supervision

24  of another licensed midwife, a physician, or a nurse midwife

25  licensed under part I of chapter 464.

26         Section 54.  Paragraph (a) of subsection (1) of section

27  468.505, Florida Statutes, is amended to read:

28         468.505  Exemptions; exceptions.--

29         (1)  Nothing in this part may be construed as

30  prohibiting or restricting the practice, services, or

31  activities of:

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  1         (a)  A person licensed in this state under chapter 457,

  2  chapter 458, chapter 459, chapter 460, chapter 461, chapter

  3  462, chapter 463, part I of chapter 464, chapter 465, chapter

  4  466, chapter 480, chapter 490, or chapter 491, when engaging

  5  in the profession or occupation for which he or she is

  6  licensed, or of any person employed by and under the

  7  supervision of the licensee when rendering services within the

  8  scope of the profession or occupation of the licensee.

  9         Section 55.  Subsection (7) of section 483.041, Florida

10  Statutes, is amended to read:

11         483.041  Definitions.--As used in this part, the term:

12         (7)  "Licensed practitioner" means a physician licensed

13  under chapter 458, chapter 459, chapter 460, or chapter 461; a

14  dentist licensed under chapter 466; a person licensed under

15  chapter 462; or an advanced registered nurse practitioner

16  licensed under part I of chapter 464; or a duly licensed

17  practitioner from another state licensed under similar

18  statutes who orders examinations on materials or specimens for

19  nonresidents of the State of Florida, but who reside in the

20  same state as the requesting licensed practitioner.

21         Section 56.  Subsection (5) of section 483.801, Florida

22  Statutes, is amended to read:

23         483.801  Exemptions.--This part applies to all clinical

24  laboratories and clinical laboratory personnel within this

25  state, except:

26         (5)  Advanced registered nurse practitioners licensed

27  under part I of chapter 464 who perform provider-performed

28  microscopy procedures (PPMP) in an exclusive-use laboratory

29  setting.

30         Section 57.  Paragraph (a) of subsection (4) of section

31  491.0112, Florida Statutes, is amended to read:

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  1         491.0112  Sexual misconduct by a psychotherapist;

  2  penalties.--

  3         (4)  For the purposes of this section:

  4         (a)  The term "psychotherapist" means any person

  5  licensed pursuant to chapter 458, chapter 459, part I of

  6  chapter 464, chapter 490, or chapter 491, or any other person

  7  who provides or purports to provide treatment, diagnosis,

  8  assessment, evaluation, or counseling of mental or emotional

  9  illness, symptom, or condition.

10         Section 58.  Subsection (5) of section 550.24055,

11  Florida Statutes, is amended to read:

12         550.24055  Use of controlled substances or alcohol

13  prohibited; testing of certain occupational licensees;

14  penalty; evidence of test or action taken and admissibility

15  for criminal prosecution limited.--

16         (5)  This section does not apply to the possession and

17  use of controlled or chemical substances that are prescribed

18  as part of the care and treatment of a disease or injury by a

19  practitioner licensed under chapter 458, chapter 459, part I

20  of chapter 464, or chapter 466.

21         Section 59.  Paragraph (h) of subsection (4) of section

22  627.351, Florida Statutes, is amended to read:

23         627.351  Insurance risk apportionment plans.--

24         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--

25         (h)  As used in this subsection:

26         1.  "Health care provider" means hospitals licensed

27  under chapter 395; physicians licensed under chapter 458;

28  osteopathic physicians licensed under chapter 459; podiatric

29  physicians licensed under chapter 461; dentists licensed under

30  chapter 466; chiropractic physicians licensed under chapter

31  460; naturopaths licensed under chapter 462; nurses licensed

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  1  under part I of chapter 464; midwives licensed under chapter

  2  467; clinical laboratories registered under chapter 483;

  3  physician assistants licensed under chapter 458 or chapter

  4  459; physical therapists and physical therapist assistants

  5  licensed under chapter 486; health maintenance organizations

  6  certificated under part I of chapter 641; ambulatory surgical

  7  centers licensed under chapter 395; other medical facilities

  8  as defined in subparagraph 2.; blood banks, plasma centers,

  9  industrial clinics, and renal dialysis facilities; or

10  professional associations, partnerships, corporations, joint

11  ventures, or other associations for professional activity by

12  health care providers.

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

14  primary purpose of which is to provide human medical

15  diagnostic services or a facility providing nonsurgical human

16  medical treatment, to which facility the patient is admitted

17  and from which facility the patient is discharged within the

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

19  hospital.  However, a facility existing for the primary

20  purpose of performing terminations of pregnancy or an office

21  maintained by a physician or dentist for the practice of

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

23  facility."

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

25  under chapter 395, health maintenance organization

26  certificated under part I of chapter 641, ambulatory surgical

27  center licensed under chapter 395, or other medical facility

28  as defined in subparagraph 2.

29         Section 60.  Paragraph (b) of subsection (1) of section

30  627.357, Florida Statutes, is amended to read:

31         627.357  Medical malpractice self-insurance.--

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

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

  3         1.  Hospital licensed under chapter 395.

  4         2.  Physician licensed, or physician assistant

  5  licensed, under chapter 458.

  6         3.  Osteopathic physician or physician assistant

  7  licensed under chapter 459.

  8         4.  Podiatric physician licensed under chapter 461.

  9         5.  Health maintenance organization certificated under

10  part I of chapter 641.

11         6.  Ambulatory surgical center licensed under chapter

12  395.

13         7.  Chiropractic physician licensed under chapter 460.

14         8.  Psychologist licensed under chapter 490.

15         9.  Optometrist licensed under chapter 463.

16         10.  Dentist licensed under chapter 466.

17         11.  Pharmacist licensed under chapter 465.

18         12.  Registered nurse, licensed practical nurse, or

19  advanced registered nurse practitioner licensed or registered

20  under part I of chapter 464.

21         13.  Other medical facility.

22         14.  Professional association, partnership,

23  corporation, joint venture, or other association established

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

25  8., 9., 10., 11., and 12. for professional activity.

26         Section 61.  Subsection (6) of section 627.9404,

27  Florida Statutes, is amended to read:

28         627.9404  Definitions.--For the purposes of this part:

29         (6)  "Licensed health care practitioner" means any

30  physician, nurse licensed under part I of chapter 464, or

31  psychotherapist licensed under chapter 490 or chapter 491, or

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  1  any individual who meets any requirements prescribed by rule

  2  by the department.

  3         Section 62.  Subsection (21) of section 641.31, Florida

  4  Statutes, is amended to read:

  5         641.31  Health maintenance contracts.--

  6         (21)  Notwithstanding any other provision of law,

  7  health maintenance policies or contracts which provide

  8  anesthesia coverage, benefits, or services shall offer to the

  9  subscriber, if requested and available, the services of a

10  certified registered nurse anesthetist licensed pursuant to

11  part I of chapter 464.

12         Section 63.  Subsection (8) of section 766.101, Florida

13  Statutes, is amended to read:

14         766.101  Medical review committee, immunity from

15  liability.--

16         (8)  No cause of action of any nature by a person

17  licensed pursuant to chapter 458, chapter 459, chapter 461,

18  chapter 463, part I of chapter 464, chapter 465, or chapter

19  466 shall arise against another person licensed pursuant to

20  chapter 458, chapter 459, chapter 461, chapter 463, part I of

21  chapter 464, chapter 465, or chapter 466 for furnishing

22  information to a duly appointed medical review committee, to

23  an internal risk management program established under s.

24  395.0197, to the Department of Business and Professional

25  Regulation, or to the appropriate regulatory board if the

26  information furnished concerns patient care at a facility

27  licensed pursuant to part I of chapter 395 where both persons

28  provide health care services, if the information is not

29  intentionally fraudulent, and if the information is within the

30  scope of the functions of the committee, department, or board.

31  However, if such information is otherwise available from

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  1  original sources, it is not immune from discovery or use in a

  2  civil action merely because it was presented during a

  3  proceeding of the committee, department, or board.

  4         Section 64.  Subsection (2) of section 766.110, Florida

  5  Statutes, is amended to read:

  6         766.110  Liability of health care facilities.--

  7         (2)  Every hospital licensed under chapter 395 may

  8  carry liability insurance or adequately insure itself in an

  9  amount of not less than $1.5 million per claim, $5 million

10  annual aggregate to cover all medical injuries to patients

11  resulting from negligent acts or omissions on the part of

12  those members of its medical staff who are covered thereby in

13  furtherance of the requirements of ss. 458.320 and 459.0085.

14  Self-insurance coverage extended hereunder to a member of a

15  hospital's medical staff meets the financial responsibility

16  requirements of ss. 458.320 and 459.0085 if the physician's

17  coverage limits are not less than the minimum limits

18  established in ss. 458.320 and 459.0085 and the hospital is a

19  verified trauma center as of July 1, 1990, that has extended

20  self-insurance coverage continuously to members of its medical

21  staff for activities both inside and outside of the hospital

22  since January 1, 1987.  Any insurer authorized to write

23  casualty insurance may make available, but shall not be

24  required to write, such coverage.  The hospital may assess on

25  an equitable and pro rata basis the following professional

26  health care providers for a portion of the total hospital

27  insurance cost for this coverage:  physicians licensed under

28  chapter 458, osteopathic physicians licensed under chapter

29  459, podiatric physicians licensed under chapter 461, dentists

30  licensed under chapter 466, and nurses licensed under part I

31  of chapter 464. The hospital may provide for a deductible

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  1  amount to be applied against any individual health care

  2  provider found liable in a law suit in tort or for breach of

  3  contract.  The legislative intent in providing for the

  4  deductible to be applied to individual health care providers

  5  found negligent or in breach of contract is to instill in each

  6  individual health care provider the incentive to avoid the

  7  risk of injury to the fullest extent and ensure that the

  8  citizens of this state receive the highest quality health care

  9  obtainable.

10         Section 65.  Paragraph (d) of subsection (3) of section

11  766.1115, Florida Statutes, is amended to read:

12         766.1115  Health care providers; creation of agency

13  relationship with governmental contractors.--

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

15         (d)  "Health care provider" or "provider" means:

16         1.  A birth center licensed under chapter 383.

17         2.  An ambulatory surgical center licensed under

18  chapter 395.

19         3.  A hospital licensed under chapter 395.

20         4.  A physician or physician assistant licensed under

21  chapter 458.

22         5.  An osteopathic physician or osteopathic physician

23  assistant licensed under chapter 459.

24         6.  A chiropractic physician licensed under chapter

25  460.

26         7.  A podiatric physician licensed under chapter 461.

27         8.  A registered nurse, nurse midwife, licensed

28  practical nurse, or advanced registered nurse practitioner

29  licensed or registered under part I of chapter 464 or any

30  facility which employs nurses licensed or registered under

31

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  1  part I of chapter 464 to supply all or part of the care

  2  delivered under this section.

  3         9.  A midwife licensed under chapter 467.

  4         10.  A health maintenance organization certificated

  5  under part I of chapter 641.

  6         11.  A health care professional association and its

  7  employees or a corporate medical group and its employees.

  8         12.  Any other medical facility the primary purpose of

  9  which is to deliver human medical diagnostic services or which

10  delivers nonsurgical human medical treatment, and which

11  includes an office maintained by a provider.

12         13.  A dentist or dental hygienist licensed under

13  chapter 466.

14         14.  Any other health care professional, practitioner,

15  provider, or facility under contract with a governmental

16  contractor.

17

18  The term includes any nonprofit corporation qualified as

19  exempt from federal income taxation under s. 501(c) of the

20  Internal Revenue Code which delivers health care services

21  provided by licensed professionals listed in this paragraph,

22  any federally funded community health center, and any

23  volunteer corporation or volunteer health care provider that

24  delivers health care services.

25         Section 66.  Subsection (1) of section 877.111, Florida

26  Statutes, is amended to read:

27         877.111  Inhalation, ingestion, possession, sale,

28  purchase, or transfer of harmful chemical substances;

29  penalties.--

30         (1)  It is unlawful for any person to inhale or ingest,

31  or to possess with intent to breathe, inhale, or drink, any

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  1  compound, liquid, or chemical containing toluol, hexane,

  2  trichloroethylene, acetone, toluene, ethyl acetate, methyl

  3  ethyl ketone, trichloroethane, isopropanol, methyl isobutyl

  4  ketone, ethylene glycol monomethyl ether acetate,

  5  cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites

  6  (butyl nitrite), or any similar substance for the purpose of

  7  inducing a condition of intoxication or which distorts or

  8  disturbs the auditory, visual, or mental processes.  This

  9  section does not apply to the possession and use of these

10  substances as part of the care or treatment of a disease or

11  injury by a practitioner licensed under chapter 458, chapter

12  459, part I of chapter 464, or chapter 466 or to beverages

13  controlled by the provisions of chapter 561, chapter 562,

14  chapter 563, chapter 564, or chapter 565.

15         Section 67.  Subsection (6) of section 945.602, Florida

16  Statutes, is amended to read:

17         945.602  State of Florida Correctional Medical

18  Authority; creation; members.--

19         (6)  At least one member of the authority must be a

20  nurse licensed under part I of chapter 464 and have at least 5

21  years' experience in the practice of nursing.

22         Section 68.  Subsection (2) of section 960.28, Florida

23  Statutes, is amended to read:

24         960.28  Payment for victims' initial forensic physical

25  examinations.--

26         (2)  The Crime Victims' Services Office of the

27  department shall pay for medical expenses connected with an

28  initial forensic physical examination of a victim who reports

29  a violation of chapter 794 or chapter 800 to a law enforcement

30  officer.  Such payment shall be made regardless of whether or

31  not the victim is covered by health or disability insurance.

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  1  The payment shall be made only out of moneys allocated to the

  2  Crime Victims' Services Office for the purposes of this

  3  section, and the payment may not exceed $250 with respect to

  4  any violation. Payment may not be made for an initial forensic

  5  physical examination unless the law enforcement officer

  6  certifies in writing that the initial forensic physical

  7  examination is needed to aid in the investigation of an

  8  alleged sexual offense and that the claimant is the alleged

  9  victim of the offense. The department shall develop and

10  maintain separate protocols for the initial forensic physical

11  examination of adults and children. Payment under this section

12  is limited to medical expenses connected with the initial

13  forensic physical examination, and payment may be made to a

14  medical provider using an examiner qualified under part I of

15  chapter 464, excluding s. 464.003(5); chapter 458; or chapter

16  459. Payment made to the medical provider by the department

17  shall be considered by the provider as payment in full for the

18  initial forensic physical examination associated with the

19  collection of evidence. The victim may not be required to pay,

20  directly or indirectly, the cost of an initial forensic

21  physical examination performed in accordance with this

22  section.

23         Section 69.  Subsection (36) of section 984.03, Florida

24  Statutes, is amended to read:

25         984.03  Definitions.--When used in this chapter, the

26  term:

27         (36)  "Licensed health care professional" means a

28  physician licensed under chapter 458, an osteopathic physician

29  licensed under chapter 459, a nurse licensed under part I of

30  chapter 464, a physician assistant licensed under chapter 458

31  or chapter 459, or a dentist licensed under chapter 466.

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  1         Section 70.  Subsection (37) of section 985.03, Florida

  2  Statutes, is amended to read:

  3         985.03  Definitions.--When used in this chapter, the

  4  term:

  5         (37)  "Licensed health care professional" means a

  6  physician licensed under chapter 458, an osteopathic physician

  7  licensed under chapter 459, a nurse licensed under part I of

  8  chapter 464, a physician assistant licensed under chapter 458

  9  or chapter 459, or a dentist licensed under chapter 466.

10         Section 71.  Section 455.557, Florida Statutes, is

11  amended to read:

12         455.557  Standardized credentialing for health care

13  practitioners.--

14         (1)  INTENT.--The Legislature recognizes that an

15  efficient and effective health care practitioner credentialing

16  program helps to ensure access to quality health care and also

17  recognizes that health care practitioner credentialing

18  activities have increased significantly as a result of health

19  care reform and recent changes in health care delivery and

20  reimbursement systems. Moreover, the resulting duplication of

21  health care practitioner credentialing activities is

22  unnecessarily costly and cumbersome for both the practitioner

23  and the entity granting practice privileges. Therefore, it is

24  the intent of this section that a credentials collection

25  program be established which provides that, once a health care

26  practitioner's core credentials data are collected, they need

27  not be collected again, except for corrections, updates, and

28  modifications thereto. Participation under this section shall

29  initially include those individuals licensed under chapter

30  458, chapter 459, chapter 460, or chapter 461, or s. 464.012.

31  However, the department shall, with the approval of the

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  1  applicable board, include other professions under the

  2  jurisdiction of the Division of Medical Quality Assurance in

  3  this program, provided they meet the requirements of s.

  4  455.565 or s. 455.56503.

  5         (2)  DEFINITIONS.--As used in this section, the term:

  6         (a)  "Advisory council" or "council" means the

  7  Credentials Advisory Council.

  8         (a)(b)  "Certified" or "accredited," as applicable,

  9  means approved by a quality assessment program, from the

10  National Committee for Quality Assurance, the Joint Commission

11  on Accreditation of Healthcare Organizations, the American

12  Accreditation HealthCare Commission/URAC, or any such other

13  nationally recognized and accepted organization authorized by

14  the department, used to assess and certify any credentials

15  verification program, entity, or organization that verifies

16  the credentials of any health care practitioner.

17         (b)(c)  "Core credentials data" means the following

18  data: current name, any former name, and any alias, any

19  professional education, professional training, licensure,

20  current Drug Enforcement Administration certification, social

21  security number, specialty board certification, Educational

22  Commission for Foreign Medical Graduates certification,

23  hospital or other institutional affiliations, evidence of

24  professional liability coverage or evidence of financial

25  responsibility as required by s. 458.320, or s. 459.0085, or

26  s. 455.694, history of claims, suits, judgments, or

27  settlements, final disciplinary action reported pursuant to s.

28  455.565(1)(a)8. or s. 455.56503(1)(a)8., and Medicare or

29  Medicaid sanctions.

30         (c)(d)  "Credential" or "credentialing" means the

31  process of assessing and verifying the qualifications of a

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  1  licensed health care practitioner or applicant for licensure

  2  as a health care practitioner.

  3         (d)(e)  "Credentials verification organization" means

  4  any organization certified or accredited as a credentials

  5  verification organization.

  6         (e)(f)  "Department" means the Department of Health,

  7  Division of Medical Quality Assurance.

  8         (f)(g)  "Designated credentials verification

  9  organization" means the credentials verification organization

10  which is selected by the health care practitioner, if the

11  health care practitioner chooses to make such a designation.

12         (g)(h)  "Drug Enforcement Administration certification"

13  means certification issued by the Drug Enforcement

14  Administration for purposes of administration or prescription

15  of controlled substances. Submission of such certification

16  under this section must include evidence that the

17  certification is current and must also include all current

18  addresses to which the certificate is issued.

19         (h)(i)  "Health care entity" means:

20         1.  Any health care facility or other health care

21  organization licensed or certified to provide approved medical

22  and allied health services in this state;

23         2.  Any entity licensed by the Department of Insurance

24  as a prepaid health care plan or health maintenance

25  organization or as an insurer to provide coverage for health

26  care services through a network of providers; or

27         3.  Any accredited medical school in this state.

28         (i)(j)  "Health care practitioner" means any person

29  licensed, or, for credentialing purposes only, any person

30  applying for licensure, under chapter 458, chapter 459,

31  chapter 460, or chapter 461, or s. 464.012 or any person

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  1  licensed or applying for licensure under a chapter

  2  subsequently made subject to this section by the department

  3  with the approval of the applicable board, except a person

  4  registered or applying for registration pursuant to s. 458.345

  5  or s. 459.021.

  6         (j)(k)  "Hospital or other institutional affiliations"

  7  means each hospital or other institution for which the health

  8  care practitioner or applicant has provided medical services.

  9  Submission of such information under this section must

10  include, for each hospital or other institution, the name and

11  address of the hospital or institution, the staff status of

12  the health care practitioner or applicant at that hospital or

13  institution, and the dates of affiliation with that hospital

14  or institution.

15         (k)(l)  "National accrediting organization" means an

16  organization that awards accreditation or certification to

17  hospitals, managed care organizations, credentials

18  verification organizations, or other health care

19  organizations, including, but not limited to, the Joint

20  Commission on Accreditation of Healthcare Organizations, the

21  American Accreditation HealthCare Commission/URAC, and the

22  National Committee for Quality Assurance.

23         (l)(m)  "Professional training" means any internship,

24  residency, or fellowship relating to the profession for which

25  the health care practitioner is licensed or seeking licensure.

26         (m)(n)  "Specialty board certification" means

27  certification in a specialty issued by a specialty board

28  recognized by the board in this state that regulates the

29  profession for which the health care practitioner is licensed

30  or seeking licensure.

31         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

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  1         (a)  Every health care practitioner shall:

  2         1.  Report all core credentials data to the department

  3  which is not already on file with the department, either by

  4  designating a credentials verification organization to submit

  5  the data or by submitting the data directly.

  6         2.  Notify the department within 45 days of any

  7  corrections, updates, or modifications to the core credentials

  8  data either through his or her designated credentials

  9  verification organization or by submitting the data directly.

10  Corrections, updates, and modifications to the core

11  credentials data provided the department under this section

12  shall comply with the updating requirements of s. 455.565(3)

13  or s. 455.56503(3) related to profiling.

14         (b)  The department shall:

15         1.  Maintain a complete, current file of core

16  credentials data on each health care practitioner, which shall

17  include all updates provided in accordance with subparagraph

18  (a)2.

19         2.  Release the core credentials data that is otherwise

20  confidential or exempt from the provisions of chapter 119 and

21  s. 24(a), Art. I of the State Constitution and any

22  corrections, updates, and modifications thereto, if authorized

23  by the health care practitioner.

24         3.  Charge a fee to access the core credentials data,

25  which may not exceed the actual cost, including prorated setup

26  and operating costs, pursuant to the requirements of chapter

27  119. The actual cost shall be set in consultation with the

28  advisory council.

29         4.  Develop, in consultation with the advisory council,

30  standardized forms to be used by the health care practitioner

31  or designated credentials verification organization for the

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  1  initial reporting of core credentials data, for the health

  2  care practitioner to authorize the release of core credentials

  3  data, and for the subsequent reporting of corrections,

  4  updates, and modifications thereto.

  5         5.  Establish a Credentials Advisory Council,

  6  consisting of 13 members, to assist the department as provided

  7  in this section. The secretary, or his or her designee, shall

  8  serve as one member and chair of the council and shall appoint

  9  the remaining 12 members. Except for any initial lesser term

10  required to achieve staggering, such appointments shall be for

11  4-year staggered terms, with one 4-year reappointment, as

12  applicable. Three members shall represent hospitals, and two

13  members shall represent health maintenance organizations. One

14  member shall represent health insurance entities. One member

15  shall represent the credentials verification industry. Two

16  members shall represent physicians licensed under chapter 458.

17  One member shall represent osteopathic physicians licensed

18  under chapter 459. One member shall represent chiropractic

19  physicians licensed under chapter 460. One member shall

20  represent podiatric physicians licensed under chapter 461.

21         (c)  A registered credentials verification organization

22  may be designated by a health care practitioner to assist the

23  health care practitioner to comply with the requirements of

24  subparagraph (a)2. A designated credentials verification

25  organization shall:

26         1.  Timely comply with the requirements of subparagraph

27  (a)2., pursuant to rules adopted by the department.

28         2.  Not provide the health care practitioner's core

29  data, including all corrections, updates, and modifications,

30  without the authorization of the practitioner.

31

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  1         (d)  This section shall not be construed to restrict in

  2  any way the authority of the health care entity to credential

  3  and to approve or deny an application for hospital staff

  4  membership, clinical privileges, or managed care network

  5  participation.

  6         (4)  DUPLICATION OF DATA PROHIBITED.--

  7         (a)  A health care entity or credentials verification

  8  organization is prohibited from collecting or attempting to

  9  collect duplicate core credentials data from any health care

10  practitioner if the information is available from the

11  department. This section shall not be construed to restrict

12  the right of any health care entity or credentials

13  verification organization to collect additional information

14  from the health care practitioner which is not included in the

15  core credentials data file. This section shall not be

16  construed to prohibit a health care entity or credentials

17  verification organization from obtaining all necessary

18  attestation and release form signatures and dates.

19         (b)  Effective July 1, 2002, a state agency in this

20  state which credentials health care practitioners may not

21  collect or attempt to collect duplicate core credentials data

22  from any individual health care practitioner if the

23  information is already available from the department. This

24  section shall not be construed to restrict the right of any

25  such state agency to request additional information not

26  included in the core credential data file, but which is deemed

27  necessary for the agency's specific credentialing purposes.

28         (5)  STANDARDS AND REGISTRATION.--Any credentials

29  verification organization that does business in this state

30  must be fully accredited or certified as a credentials

31  verification organization by a national accrediting

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  1  organization as specified in paragraph (2)(a)(b) and must

  2  register with the department. The department may charge a

  3  reasonable registration fee, set in consultation with the

  4  advisory council, not to exceed an amount sufficient to cover

  5  its actual expenses in providing and enforcing such

  6  registration. The department shall establish by rule for

  7  biennial renewal of such registration. Failure by a registered

  8  credentials verification organization to maintain full

  9  accreditation or certification, to provide data as authorized

10  by the health care practitioner, to report to the department

11  changes, updates, and modifications to a health care

12  practitioner's records within the time period specified in

13  subparagraph (3)(a)2., or to comply with the prohibition

14  against collection of duplicate core credentials data from a

15  practitioner may result in denial of an application for

16  renewal of registration or in revocation or suspension of a

17  registration.

18         (6)  LIABILITY.--No civil, criminal, or administrative

19  action may be instituted, and there shall be no liability,

20  against any registered credentials verification organization

21  or health care entity on account of its reliance on any data

22  obtained directly from the department.

23         (7)  LIABILITY INSURANCE REQUIREMENTS.--Each

24  credentials verification organization doing business in this

25  state shall maintain liability insurance appropriate to meet

26  the certification or accreditation requirements established in

27  this section.

28         (8)  RULES.--The department, in consultation with the

29  advisory council, shall adopt rules necessary to develop and

30  implement the standardized core credentials data collection

31  program established by this section.

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  1         (9)  COUNCIL ABOLISHED; DEPARTMENT AUTHORITY.--The

  2  council shall be abolished October 1, 1999. After the council

  3  is abolished, all duties of the department required under this

  4  section to be in consultation with the council may be carried

  5  out by the department on its own.

  6         Section 72.  Section 455.56503, Florida Statutes, is

  7  created to read:

  8         455.56503  Advanced registered nurse practitioners;

  9  information required for certification.--

10         (1)(a)  Each person who applies for initial

11  certification under s. 464.012 must, at the time of

12  application, and each person certified under s. 464.012 who

13  applies for certification renewal must, in conjunction with

14  the renewal of such certification and under procedures adopted

15  by the Department of Health, and in addition to any other

16  information that may be required from the applicant, furnish

17  the following information to the Department of Health:

18         1.  The name of each school or training program that

19  the applicant has attended, with the months and years of

20  attendance and the month and year of graduation, and a

21  description of all graduate professional education completed

22  by the applicant, excluding any coursework taken to satisfy

23  continuing education requirements.

24         2.  The name of each location at which the applicant

25  practices.

26         3.  The address at which the applicant will primarily

27  conduct his or her practice.

28         4.  Any certification or designation that the applicant

29  has received from a specialty or certification board that is

30  recognized or approved by the regulatory board or department

31  to which the applicant is applying.

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  1         5.  The year that the applicant received initial

  2  certification and began practicing the profession in any

  3  jurisdiction and the year that the applicant received initial

  4  certification in this state.

  5         6.  Any appointment which the applicant currently holds

  6  to the faculty of a school related to the profession and an

  7  indication as to whether the applicant has had the

  8  responsibility for graduate education within the most recent

  9  10 years.

10         7.  A description of any criminal offense of which the

11  applicant has been found guilty, regardless of whether

12  adjudication of guilt was withheld, or to which the applicant

13  has pled guilty or nolo contendere. A criminal offense

14  committed in another jurisdiction which would have been a

15  felony or misdemeanor if committed in this state must be

16  reported. If the applicant indicates that a criminal offense

17  is under appeal and submits a copy of the notice for appeal of

18  that criminal offense, the department must state that the

19  criminal offense is under appeal if the criminal offense is

20  reported in the applicant's profile. If the applicant

21  indicates to the department that a criminal offense is under

22  appeal, the applicant must, within 15 days after the

23  disposition of the appeal, submit to the department a copy of

24  the final written order of disposition.

25         8.  A description of any final disciplinary action

26  taken within the previous 10 years against the applicant by a

27  licensing or regulatory body in any jurisdiction, by a

28  specialty board that is recognized by the board or department,

29  or by a licensed hospital, health maintenance organization,

30  prepaid health clinic, ambulatory surgical center, or nursing

31  home. Disciplinary action includes resignation from or

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  1  nonrenewal of staff membership or the restriction of

  2  privileges at a licensed hospital, health maintenance

  3  organization, prepaid health clinic, ambulatory surgical

  4  center, or nursing home taken in lieu of or in settlement of a

  5  pending disciplinary case related to competence or character.

  6  If the applicant indicates that the disciplinary action is

  7  under appeal and submits a copy of the document initiating an

  8  appeal of the disciplinary action, the department must state

  9  that the disciplinary action is under appeal if the

10  disciplinary action is reported in the applicant's profile.

11         (b)  In addition to the information required under

12  paragraph (a), each applicant for initial certification or

13  certification renewal must provide the information required of

14  licensees pursuant to s. 455.697.

15         (2)  The Department of Health shall send a notice to

16  each person certified under s. 464.012 at the

17  certificateholder's last known address of record regarding the

18  requirements for information to be submitted by advanced

19  registered nurse practitioners pursuant to this section in

20  conjunction with the renewal of such certificate.

21         (3)  Each person certified under s. 464.012 who has

22  submitted information pursuant to subsection (1) must update

23  that information in writing by notifying the Department of

24  Health within 45 days after the occurrence of an event or the

25  attainment of a status that is required to be reported by

26  subsection (1). Failure to comply with the requirements of

27  this subsection to update and submit information constitutes a

28  ground for disciplinary action under chapter 464 and s.

29  455.624(1)(k). For failure to comply with the requirements of

30  this subsection to update and submit information, the

31  department or board, as appropriate, may:

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  1         (a)  Refuse to issue a certificate to any person

  2  applying for initial certification who fails to submit and

  3  update the required information.

  4         (b)  Issue a citation to any certificateholder who

  5  fails to submit and update the required information and may

  6  fine the certificateholder up to $50 for each day that the

  7  certificateholder is not in compliance with this subsection.

  8  The citation must clearly state that the certificateholder may

  9  choose, in lieu of accepting the citation, to follow the

10  procedure under s. 455.621. If the certificateholder disputes

11  the matter in the citation, the procedures set forth in s.

12  455.621 must be followed. However, if the certificateholder

13  does not dispute the matter in the citation with the

14  department within 30 days after the citation is served, the

15  citation becomes a final order and constitutes discipline.

16  Service of a citation may be made by personal service or

17  certified mail, restricted delivery, to the subject at the

18  certificateholder's last known address.

19         (4)(a)  An applicant for initial certification under s.

20  464.012 must submit a set of fingerprints to the Department of

21  Health on a form and under procedures specified by the

22  department, along with payment in an amount equal to the costs

23  incurred by the Department of Health for a national criminal

24  history check of the applicant.

25         (b)  An applicant for renewed certification who has not

26  previously submitted a set of fingerprints to the Department

27  of Health for purposes of certification must submit a set of

28  fingerprints to the department as a condition of the initial

29  renewal of his or her certificate after the effective date of

30  this section. The applicant must submit the fingerprints on a

31  form and under procedures specified by the department, along

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  1  with payment in an amount equal to the costs incurred by the

  2  Department of Health for a national criminal history check.

  3  For subsequent renewals, the applicant for renewed

  4  certification must only submit information necessary to

  5  conduct a statewide criminal history check, along with payment

  6  in an amount equal to the costs incurred by the Department of

  7  Health for a statewide criminal history check.

  8         (c)1.  The Department of Health shall submit the

  9  fingerprints provided by an applicant for initial

10  certification to the Florida Department of Law Enforcement for

11  a statewide criminal history check, and the Florida Department

12  of Law Enforcement shall forward the fingerprints to the

13  Federal Bureau of Investigation for a national criminal

14  history check of the applicant.

15         2.  The department shall submit the fingerprints

16  provided by an applicant for the initial renewal of

17  certification to the Florida Department of Law Enforcement for

18  a statewide criminal history check, and the Florida Department

19  of Law Enforcement shall forward the fingerprints to the

20  Federal Bureau of Investigation for a national criminal

21  history check for the initial renewal of the applicant's

22  certificate after the effective date of this section.

23         3.  For any subsequent renewal of the applicant's

24  certificate, the department shall submit the required

25  information for a statewide criminal history check of the

26  applicant to the Florida Department of Law Enforcement.

27         (d)  Any applicant for initial certification or renewal

28  of certification as an advanced registered nurse practitioner

29  who submits to the Department of Health a set of fingerprints

30  and information required for the criminal history check

31  required under this section shall not be required to provide a

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  1  subsequent set of fingerprints or other duplicate information

  2  required for a criminal history check to the Agency for Health

  3  Care Administration, the Department of Juvenile Justice, or

  4  the Department of Children and Family Services for employment

  5  or licensure with such agency or department, if the applicant

  6  has undergone a criminal history check as a condition of

  7  initial certification or renewal of certification as an

  8  advanced registered nurse practitioner with the Department of

  9  Health, notwithstanding any other provision of law to the

10  contrary. In lieu of such duplicate submission, the Agency for

11  Health Care Administration, the Department of Juvenile

12  Justice, and the Department of Children and Family Services

13  shall obtain criminal history information for employment or

14  licensure of persons certified under s. 464.012 by such agency

15  or department from the Department of Health's health care

16  practitioner credentialing system.

17         (5)  Each person who is required to submit information

18  pursuant to this section may submit additional information to

19  the Department of Health. Such information may include, but is

20  not limited to:

21         (a)  Information regarding publications in

22  peer-reviewed professional literature within the previous 10

23  years.

24         (b)  Information regarding professional or community

25  service activities or awards.

26         (c)  Languages, other than English, used by the

27  applicant to communicate with patients or clients and

28  identification of any translating service that may be

29  available at the place where the applicant primarily conducts

30  his or her practice.

31

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  1         (d)  An indication of whether the person participates

  2  in the Medicaid program.

  3         Section 73.  Section 455.5651, Florida Statutes, is

  4  amended to read:

  5         455.5651  Practitioner profile; creation.--

  6         (1)  Beginning July 1, 1999, the Department of Health

  7  shall compile the information submitted pursuant to s. 455.565

  8  into a practitioner profile of the applicant submitting the

  9  information, except that the Department of Health may develop

10  a format to compile uniformly any information submitted under

11  s. 455.565(4)(b). Beginning July 1, 2001, the Department of

12  Health may compile the information submitted pursuant to s.

13  455.56503 into a practitioner profile of the applicant

14  submitting the information.

15         (2)  On the profile published required under subsection

16  (1), the department shall indicate if the information provided

17  under s. 455.565(1)(a)7. or s. 455.56503(1)(a)7. is not

18  corroborated by a criminal history check conducted according

19  to this subsection. If the information provided under s.

20  455.565(1)(a)7. or s. 455.56503(1)(a)7. is corroborated by the

21  criminal history check, the fact that the criminal history

22  check was performed need not be indicated on the profile. The

23  department, or the board having regulatory authority over the

24  practitioner acting on behalf of the department, shall

25  investigate any information received by the department or the

26  board when it has reasonable grounds to believe that the

27  practitioner has violated any law that relates to the

28  practitioner's practice.

29         (3)  The Department of Health may include in each

30  practitioner's practitioner profile that criminal information

31  that directly relates to the practitioner's ability to

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  1  competently practice his or her profession.  The department

  2  must include in each practitioner's practitioner profile the

  3  following statement:  "The criminal history information, if

  4  any exists, may be incomplete; federal criminal history

  5  information is not available to the public." The department

  6  shall not publish a criminal conviction if such conviction has

  7  been sealed, expunged, or pardoned.

  8         (4)  The Department of Health shall include, with

  9  respect to a practitioner licensed under chapter 458 or

10  chapter 459, a statement of how the practitioner has elected

11  to comply with the financial responsibility requirements of s.

12  458.320 or s. 459.0085. The department shall include, with

13  respect to practitioners subject to s. 455.694, a statement of

14  how the practitioner has elected to comply with the financial

15  responsibility requirements of that section. The department

16  shall include, with respect to practitioners licensed under

17  chapter 458, chapter 459, or chapter 461, information relating

18  to liability actions which has been reported under s. 455.697

19  or s. 627.912 within the previous 10 years for any paid claim

20  that exceeds $5,000. Such claims information shall be reported

21  in the context of comparing an individual practitioner's

22  claims to the experience of other practitioners physicians

23  within the same specialty, or profession if the practitioner

24  is not a specialist, to the extent such information is

25  available to the Department of Health. If information relating

26  to a liability action is included in a practitioner's

27  practitioner profile, the profile must also include the

28  following statement:  "Settlement of a claim may occur for a

29  variety of reasons that do not necessarily reflect negatively

30  on the professional competence or conduct of the practitioner

31  physician.  A payment in settlement of a medical malpractice

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  1  action or claim should not be construed as creating a

  2  presumption that medical malpractice has occurred."

  3         (5)  The Department of Health may not include

  4  disciplinary action taken by a licensed hospital or an

  5  ambulatory surgical center in the practitioner profile.

  6         (6)  The Department of Health may include in the

  7  practitioner's practitioner profile any other information that

  8  is a public record of any governmental entity and that relates

  9  to a practitioner's ability to competently practice his or her

10  profession.  However, the department must consult with the

11  board having regulatory authority over the practitioner before

12  such information is included in his or her profile.

13         (7)  Upon the completion of a practitioner profile

14  under this section, the Department of Health shall furnish the

15  practitioner who is the subject of the profile a copy of it.

16  The practitioner has a period of 30 days in which to review

17  the profile and to correct any factual inaccuracies in it. The

18  Department of Health shall make the profile available to the

19  public at the end of the 30-day period. The department shall

20  make the profiles available to the public through the World

21  Wide Web and other commonly used means of distribution.

22         (8)  Making a practitioner profile available to the

23  public under this section does not constitute agency action

24  for which a hearing under s. 120.57 may be sought.

25         Section 74.  Section 455.5653, Florida Statutes, is

26  amended to read:

27         455.5653  Practitioner profiles; data

28  storage.--Effective upon this act becoming a law, the

29  Department of Health must develop or contract for a computer

30  system to accommodate the new data collection and storage

31  requirements under this act pending the development and

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  1  operation of a computer system by the Department of Health for

  2  handling the collection, input, revision, and update of data

  3  submitted by physicians as a part of their initial licensure

  4  or renewal to be compiled into individual practitioner

  5  profiles. The Department of Health must incorporate any data

  6  required by this act into the computer system used in

  7  conjunction with the regulation of health care professions

  8  under its jurisdiction. The department must develop, by the

  9  year 2000, a schedule and procedures for each practitioner

10  within a health care profession regulated within the Division

11  of Medical Quality Assurance to submit relevant information to

12  be compiled into a profile to be made available to the public.

13  The Department of Health is authorized to contract with and

14  negotiate any interagency agreement necessary to develop and

15  implement the practitioner profiles. The Department of Health

16  shall have access to any information or record maintained by

17  the Agency for Health Care Administration, including any

18  information or record that is otherwise confidential and

19  exempt from the provisions of chapter 119 and s. 24(a), Art. I

20  of the State Constitution, so that the Department of Health

21  may corroborate any information that practitioners physicians

22  are required to report under s. 455.565 or s. 455.56503.

23         Section 75.  Section 455.5654, Florida Statutes, is

24  amended to read:

25         455.5654  Practitioner profiles; rules;

26  workshops.--Effective upon this act becoming a law, the

27  Department of Health shall adopt rules for the form of a

28  practitioner profile that the agency is required to prepare.

29  The Department of Health, pursuant to chapter 120, must hold

30  public workshops for purposes of rule development to implement

31  this section. An agency to which information is to be

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  1  submitted under this act may adopt by rule a form for the

  2  submission of the information required under s. 455.565 or s.

  3  455.56503.

  4         Section 76.  There is hereby appropriated from the

  5  Medical Quality Assurance Trust Fund to the Department of

  6  Health the sum of $280,000 to implement the provisions of this

  7  act.

  8         Section 77.  This act shall take effect July 1, 2000.

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