House Bill hb1567
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Florida House of Representatives - 2001 HB 1567
By Representative Lacasa
1 A bill to be entitled
2 An act relating to medical practice; creating
3 s. 458.35, F.S.; limiting to certain medical
4 licensees the ownership or operation of medical
5 practice settings or diagnostic facilities;
6 providing exemptions; requiring certain medical
7 practice settings or diagnostic facilities not
8 owned by such licensees to employ a medical
9 director; requiring registration of medical
10 practice settings or diagnostic facilities;
11 providing for fees; providing for the adoption
12 of rules; providing responsibilities for
13 medical directors of such facilities; providing
14 penalties; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 458.35, Florida Statutes, is
19 created to read:
20 458.35 Medical-practice settings and diagnostic
21 facilities; restrictions on ownership; registration.--
22 (1) A person or entity, other than a physician or
23 physician assistant licensed pursuant to this chapter or
24 chapter 459 or a professional corporation or limited liability
25 company composed only of licensed physicians or physician
26 assistants, may not employ a physician or physician assistant
27 to deliver health care services in a medical-practice setting
28 or diagnostic facility.
29 (2) State agencies, facilities licensed by the
30 department or the Agency for Health Care Administration, and
31 nonprofit entities are exempt from this section.
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Florida House of Representatives - 2001 HB 1567
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1 (3) For purposes of this section, a medical-practice
2 setting or diagnostic facility is considered a single
3 structure or group of adjacent structures operating under the
4 same business name in which medical services are provided.
5 (4) Any lease, rental agreement, or other arrangement
6 between a licensed physician or physician assistant and a
7 nonlicensed person who provides medical equipment or materials
8 or services to a medical-practice setting or diagnostic
9 facility must require that the licensed physician or physician
10 assistant maintain care, custody, and control of the
11 equipment, materials, or services.
12 (5) Medical-practice settings or diagnostic facilities
13 that are owned by persons other than licensed physicians or
14 physician assistants or are owned by entities other than
15 professional corporations or limited liability companies whose
16 shareholders are licensed physicians or physician assistants
17 that existed before October 1, 2001, and that employed
18 physicians or physician assistants licensed under this chapter
19 or chapter 459 to deliver health care services may continue to
20 operate only if they contract with a physician licensed
21 pursuant to this chapter or chapter 459 to serve as medical
22 director.
23 (6)(a) Medical-practice settings or diagnostic
24 facilities must register with the Agency for Health Care
25 Administration.
26 (b) The Agency for Health Care Administration shall
27 adopt rules to implement a registration program, including
28 rules prescribing registration fees and establishing penalties
29 for violations. The fees must not exceed an amount that will
30 provide sufficient revenues to administer the registration
31 program.
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Florida House of Representatives - 2001 HB 1567
574-179-01
1 (7) A medical director must accept in writing the
2 legal obligation and responsibility for supervising the
3 delivery of services in a medical-practice setting or
4 diagnostic facility, including:
5 (a) Maintaining a sign in a conspicuous location in
6 the facility which identifies the medical director, the hours
7 when he or she is on site, and the medical director's
8 responsibilities.
9 (b) Maintaining an active license in this state.
10 (c) Being present on site at least 20 hours each week
11 or such other hours as are required by the board.
12 (d) Reviewing contracts or agreements for patient
13 referrals.
14 (e) Ensuring that all health care providers at the
15 facility have active appropriate certification or licensure
16 for the level of care being provided.
17 (f) Serving as the records holder pursuant to s.
18 456.057.
19 (g) Complying with medical recordkeeping, office
20 surgery, and adverse-incident reporting requirements.
21 (h) Conducting systematic reviews of the facility's
22 billing of services to ensure that they are not fraudulent.
23 (i) Maintaining on-site documentation of the
24 credentials and licensure status of the facility's health care
25 providers and making these documents available for inspection
26 by regulators.
27 (j) Developing and implementing a systematic
28 patient-safety program to identify and correct unsafe
29 practices in accordance with acceptable risk-management
30 standards.
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Florida House of Representatives - 2001 HB 1567
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1 (8) The board may adopt rules necessary to administer
2 this section.
3 (9) Any person who violates this section commits a
4 felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 (10) Any contract that violates this section is void.
7 (11) This section applies to contracts entered into or
8 renewed on or after October 1, 2001.
9 Section 2. This act shall take effect October 1, 2001.
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12 LEGISLATIVE SUMMARY
13 Prohibits persons other than physicians or physician
assistants from owning or operating medical-practice or
14 diagnostic facilities. Provides exemptions and provides
for the adoption of rules. Establishes responsibilities
15 for medical directors of such facilities. Provides
penalties. (See bill for details.)
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