House Bill hb1895

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    Florida House of Representatives - 2001                HB 1895

        By the Committee on Health Regulation and Representative
    Farkas





  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         395.0197, F.S.; revising provisions relating to

  4         hospital and ambulatory surgical center

  5         internal risk management programs; modifying

  6         requirements for risk management and prevention

  7         education and training; restricting

  8         participation of unlicensed persons in surgical

  9         procedures; requiring ongoing evaluation of

10         surgical procedures and protocols; eliminating

11         an annual report summarizing facility incident

12         reports and disciplinary actions; requiring the

13         Agency for Health Care Administration to

14         publish website summaries of adverse incident

15         reports; requiring facility reporting of

16         allegations of sexual misconduct by health care

17         practitioners; providing certain civil

18         liability for licensed risk managers;

19         prohibiting intimidation of a risk manager;

20         providing a penalty; amending s. 395.10972,

21         F.S.; increasing membership on the Health Care

22         Risk Management Advisory Council; amending s.

23         395.701, F.S.; limiting the financial

24         information the agency may require to determine

25         the amount of hospital annual assessments;

26         amending s. 456.013, F.S.; providing a

27         professional continuing education requirement

28         relating to prevention of medical errors;

29         amending s. 456.063, F.S.; requiring licensed

30         health care practitioners to report to the

31         Department of Health any allegations of sexual

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  1         misconduct; amending s. 456.072, F.S.;

  2         providing additional grounds for disciplinary

  3         actions; clarifying a penalty involving

  4         restriction of professional practice or

  5         license; providing additional penalties;

  6         requiring assessment of costs related to

  7         investigation and prosecution; amending s.

  8         456.073, F.S.; requiring the department to

  9         notify the patient or legal representative of

10         the status of a disciplinary case; requiring

11         the agency to provide certain information to

12         the complainant; amending s. 456.077, F.S.;

13         specifying violations for which the department

14         or a regulatory board may issue citations;

15         amending s. 456.081, F.S.; requiring the

16         department and regulatory boards to maintain a

17         website containing specified information;

18         amending ss. 458.331 and 459.015, F.S.;

19         conforming language and cross references to

20         changes made by the act; amending ss. 465.019

21         and 465.0196, F.S.; requiring institutional

22         pharmacies and special pharmacy permittees that

23         use pharmacy technicians to have a written

24         policy and procedures manual; directing the

25         department and agency to review health care

26         practitioner and facility reporting

27         requirements; requiring a report to the

28         Legislature; amending s. 468.1755, F.S.;

29         providing an additional ground for disciplinary

30         action against a nursing home administrator;

31         reenacting ss. 468.1695(3) and 468.1735, F.S.,

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  1         to incorporate said amendment in references;

  2         reenacting s. 484.056(1)(a), F.S., relating to

  3         disciplinary action against hearing aid

  4         specialists, to incorporate the amendment to s.

  5         456.072(1), in a reference; amending s.

  6         766.101, F.S.; providing that a continuous

  7         quality improvement committee of a licensed

  8         pharmacy is a medical review committee for

  9         purposes of immunity from liability, and

10         reenacting ss. 440.105(1)(a) and 626.989(6),

11         F.S., to incorporate said amendment in

12         references; amending s. 766.1115, F.S.;

13         conforming language and cross references to

14         changes made by the act; amending s. 456.047,

15         F.S.; providing intent; revising and providing

16         definitions; revising duties of the Department

17         of Health relating to file maintenance;

18         providing that primary source data verified by

19         the department or its designee may be relied

20         upon to meet accreditation purposes; amending

21         s. 240.4075, F.S.; transferring the Nursing

22         Student Loan Forgiveness Program from the

23         Department of Education to the Department of

24         Health; including public schools, family

25         practice teaching hospitals, and specialty

26         hospitals for children as eligible facilities

27         under the program; exempting such facilities

28         from the fund-matching requirements of the

29         program; amending s. 240.4076, F.S.;

30         transferring the nursing scholarship program

31         from the Department of Education to the

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  1         Department of Health; providing requirements

  2         under the program for students seeking to

  3         qualify for a nursing faculty position and

  4         receive credit for work in such a position;

  5         including nursing homes, hospitals, public

  6         schools, colleges of nursing, and community

  7         college nursing programs as eligible facilities

  8         under the program; transferring powers, duties,

  9         functions, rules, records, personnel, property,

10         and appropriations and other funds relating to

11         the Nursing Student Loan Forgiveness Program

12         and the nursing scholarship program from the

13         Department of Education to the Department of

14         Health; amending s. 240.40201, F.S.; granting

15         certain students priority in receiving a

16         Florida Bright Futures Scholarship; amending s.

17         464.005, F.S.; providing for future relocation

18         of the headquarters of the Board of Nursing;

19         amending s. 464.008, F.S.; revising education

20         requirements for licensure by examination;

21         amending s. 464.009, F.S.; revising

22         requirements for licensure by endorsement;

23         requiring submission of fingerprints for a

24         criminal history check and a fee to cover the

25         costs of such check; providing for an

26         electronic applicant notification process;

27         amending s. 464.0205, F.S.; deleting the

28         application and processing fee for applicants

29         for a retired volunteer nurse certificate;

30         requiring study by Office of Program Policy

31         Analysis and Government Accountability of the

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  1         feasibility of maintaining all of Medical

  2         Quality Assurance in one state agency; creating

  3         s. 456.0375, F.S.; requiring registration of

  4         certain clinics; providing requirements,

  5         including fees; providing rulemaking authority;

  6         requiring medical directors for such clinics

  7         and providing their duties and

  8         responsibilities; providing an appropriation;

  9         amending s. 456.031, F.S.; providing an

10         alternative by which licensees may comply with

11         a general requirement that they take domestic

12         violence courses; amending s. 456.033, F.S.;

13         providing an alternative by which licensees may

14         comply with a general requirement that they

15         take AIDS/HIV education courses; amending s.

16         468.302, F.S.; correcting terminology in a

17         provision relating to exemption from

18         certification to use radiation on human beings;

19         amending ss. 468.352, 468.355, 468.357,

20         468.358, and 468.359, F.S.; revising

21         definitions and provisions relating to

22         licensure and use of titles and abbreviations

23         to correct and conform terminology with respect

24         to respiratory therapists and respiratory care

25         practitioners; amending ss. 468.1155 and

26         468.1215, F.S.; revising accreditation

27         provisions applicable to licensure to practice

28         speech-language pathology or audiology and

29         certification of speech-language pathology or

30         audiology assistants; amending s. 480.033,

31         F.S.; correcting terminology in the definition

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  1         of "massage"; amending s. 490.012, F.S.;

  2         prohibiting the use of certain titles or

  3         descriptions relating to the practice of

  4         psychology or school psychology unless properly

  5         licensed; providing penalties; amending s.

  6         490.014, F.S.; revising exemptions from

  7         regulation under ch. 490, F.S., relating to

  8         psychology; correcting a cross reference;

  9         amending s. 491.012, F.S.; revising

10         prohibitions against unlicensed practice of

11         clinical social work, marriage and family

12         therapy, and mental health counseling to

13         provide that practice by registered interns is

14         lawful; requiring the Department of Health and

15         the Department of Insurance to establish a

16         joint investigative and prosecutorial unit for

17         health care fraud; requiring all state agencies

18         involved in the regulation of health care

19         practitioners, providers, and payors to

20         coordinate their investigations and share

21         confidential information for the purpose of

22         investigating and prosecuting health care

23         fraud; preserving the confidentiality of such

24         information; providing effective dates.

25

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

27

28         Section 1.  Section 395.0197, Florida Statutes, is

29  amended to read:

30         395.0197  Internal risk management program.--

31

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  1         (1)  Every licensed facility shall, as a part of its

  2  administrative functions, establish an internal risk

  3  management program that includes all of the following

  4  components:

  5         (a)  The investigation and analysis of the frequency

  6  and causes of general categories and specific types of adverse

  7  incidents to patients.

  8         (b)  The development of appropriate measures to

  9  minimize the risk of adverse incidents to patients, including,

10  but not limited to:

11         1.  Risk management and risk prevention education and

12  training of all nonphysician personnel as follows:

13         a.  Such education and training of all nonphysician

14  personnel as part of their initial orientation; and

15         b.  At least 1 hour of such education and training

16  annually for all nonphysician personnel of the licensed

17  facility working in clinical areas and providing patient care,

18  except those persons licensed as health care practitioners who

19  are required to complete continuing education coursework

20  pursuant to chapter 456 or the respective practice act.

21         2.  A prohibition, except when emergency circumstances

22  require otherwise, against a staff member of the licensed

23  facility attending a patient in the recovery room, unless the

24  staff member is authorized to attend the patient in the

25  recovery room and is in the company of at least one other

26  person.  However, a licensed facility is exempt from the

27  two-person requirement if it has:

28         a.  Live visual observation;

29         b.  Electronic observation; or

30         c.  Any other reasonable measure taken to ensure

31  patient protection and privacy.

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  1         3.  A prohibition against an unlicensed person from

  2  assisting or participating in any surgical procedure unless

  3  the facility has authorized the person to do so following a

  4  competency assessment, and such assistance or participation is

  5  done under the direct and immediate supervision of a licensed

  6  physician and is not otherwise an activity that may only be

  7  performed by a licensed health care practitioner.

  8         4.  Development, implementation, and ongoing evaluation

  9  of procedures, protocols, and systems to accurately identify

10  patients, planned procedures, and the correct site of the

11  planned procedure so as to minimize the performance of a

12  surgical procedure on the wrong patient, a wrong surgical

13  procedure, a wrong-site surgical procedure, or a surgical

14  procedure otherwise unrelated to the patient's diagnosis or

15  medical condition.

16         (c)  The analysis of patient grievances that relate to

17  patient care and the quality of medical services.

18         (d)  The development and implementation of an incident

19  reporting system based upon the affirmative duty of all health

20  care providers and all agents and employees of the licensed

21  health care facility to report adverse incidents to the risk

22  manager, or to his or her designee, within 3 business days

23  after their occurrence.

24         (2)  The internal risk management program is the

25  responsibility of the governing board of the health care

26  facility. Each licensed facility shall hire a risk manager,

27  licensed under s. 395.10974 part IX of chapter 626, who is

28  responsible for implementation and oversight of such

29  facility's internal risk management program as required by

30  this section.  A risk manager must not be made responsible for

31  more than four internal risk management programs in separate

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  1  licensed facilities, unless the facilities are under one

  2  corporate ownership or the risk management programs are in

  3  rural hospitals.

  4         (3)  In addition to the programs mandated by this

  5  section, other innovative approaches intended to reduce the

  6  frequency and severity of medical malpractice and patient

  7  injury claims shall be encouraged and their implementation and

  8  operation facilitated. Such additional approaches may include

  9  extending internal risk management programs to health care

10  providers' offices and the assuming of provider liability by a

11  licensed health care facility for acts or omissions occurring

12  within the licensed facility.

13         (4)  The agency shall, after consulting with the

14  Department of Insurance, adopt rules governing the

15  establishment of internal risk management programs to meet the

16  needs of individual licensed facilities.  Each internal risk

17  management program shall include the use of incident reports

18  to be filed with an individual of responsibility who is

19  competent in risk management techniques in the employ of each

20  licensed facility, such as an insurance coordinator, or who is

21  retained by the licensed facility as a consultant.  The

22  individual responsible for the risk management program shall

23  have free access to all medical records of the licensed

24  facility.  The incident reports are part of the workpapers of

25  the attorney defending the licensed facility in litigation

26  relating to the licensed facility and are subject to

27  discovery, but are not admissible as evidence in court.  A

28  person filing an incident report is not subject to civil suit

29  by virtue of such incident report.  As a part of each internal

30  risk management program, the incident reports shall be used to

31  develop categories of incidents which identify problem areas.

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  1  Once identified, procedures shall be adjusted to correct the

  2  problem areas.

  3         (5)  For purposes of reporting to the agency pursuant

  4  to this section, the term "adverse incident" means an event

  5  over which health care personnel could exercise control and

  6  which is associated in whole or in part with medical

  7  intervention, rather than the condition for which such

  8  intervention occurred, and which:

  9         (a)  Results in one of the following injuries:

10         1.  Death;

11         2.  Brain or spinal damage;

12         3.  Permanent disfigurement;

13         4.  Fracture or dislocation of bones or joints;

14         5.  A resulting limitation of neurological, physical,

15  or sensory function which continues after discharge from the

16  facility;

17         6.  Any condition that required specialized medical

18  attention or surgical intervention resulting from nonemergency

19  medical intervention, other than an emergency medical

20  condition, to which the patient has not given his or her

21  informed consent; or

22         7.  Any condition that required the transfer of the

23  patient, within or outside the facility, to a unit providing a

24  more acute level of care due to the adverse incident, rather

25  than the patient's condition prior to the adverse incident;

26         (b)  Was the performance of a surgical procedure on the

27  wrong patient, a wrong surgical procedure, a wrong-site

28  surgical procedure, or a surgical procedure otherwise

29  unrelated to the patient's diagnosis or medical condition;

30         (c)  Required the surgical repair of damage resulting

31  to a patient from a planned surgical procedure, where the

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  1  damage was not a recognized specific risk, as disclosed to the

  2  patient and documented through the informed-consent process;

  3  or

  4         (d)  Was a procedure to remove unplanned foreign

  5  objects remaining from a surgical procedure.

  6         (6)(a)  Each licensed facility subject to this section

  7  shall submit an annual report to the agency summarizing the

  8  incident reports that have been filed in the facility for that

  9  year. The report shall include:

10         1.  The total number of adverse incidents.

11         2.  A listing, by category, of the types of operations,

12  diagnostic or treatment procedures, or other actions causing

13  the injuries, and the number of incidents occurring within

14  each category.

15         3.  A listing, by category, of the types of injuries

16  caused and the number of incidents occurring within each

17  category.

18         4.  A code number using the health care professional's

19  licensure number and a separate code number identifying all

20  other individuals directly involved in adverse incidents to

21  patients, the relationship of the individual to the licensed

22  facility, and the number of incidents in which each individual

23  has been directly involved.  Each licensed facility shall

24  maintain names of the health care professionals and

25  individuals identified by code numbers for purposes of this

26  section.

27         5.  A description of all malpractice claims filed

28  against the licensed facility, including the total number of

29  pending and closed claims and the nature of the incident which

30  led to, the persons involved in, and the status and

31

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  1  disposition of each claim. Each report shall update status and

  2  disposition for all prior reports.

  3         (b)  The information reported to the agency pursuant to

  4  paragraph (a) which relates to persons licensed under chapter

  5  458, chapter 459, chapter 461, or chapter 466 shall be

  6  reviewed by the agency.  The agency shall determine whether

  7  any of the incidents potentially involved conduct by a health

  8  care professional who is subject to disciplinary action, in

  9  which case the provisions of s. 456.073 shall apply.

10         (c)  The report submitted to the agency shall also

11  contain the name and license number of the risk manager of the

12  licensed facility, a copy of its policy and procedures which

13  govern the measures taken by the facility and its risk manager

14  to reduce the risk of injuries and adverse incidents, and the

15  results of such measures.  The annual report is confidential

16  and is not available to the public pursuant to s. 119.07(1) or

17  any other law providing access to public records. The annual

18  report is not discoverable or admissible in any civil or

19  administrative action, except in disciplinary proceedings by

20  the agency or the appropriate regulatory board. The annual

21  report is not available to the public as part of the record of

22  investigation for and prosecution in disciplinary proceedings

23  made available to the public by the agency or the appropriate

24  regulatory board.  However, the agency or the appropriate

25  regulatory board shall make available, upon written request by

26  a health care professional against whom probable cause has

27  been found, any such records which form the basis of the

28  determination of probable cause.

29         (7)  The licensed facility shall notify the agency no

30  later than 1 business day after the risk manager or his or her

31  designee has received a report pursuant to paragraph (1)(d)

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  1  and can determine within 1 business day that any of the

  2  following adverse incidents has occurred, whether occurring in

  3  the licensed facility or arising from health care prior to

  4  admission in the licensed facility:

  5         (a)  The death of a patient;

  6         (b)  Brain or spinal damage to a patient;

  7         (c)  The performance of a surgical procedure on the

  8  wrong patient;

  9         (d)  The performance of a wrong-site surgical

10  procedure; or

11         (e)  The performance of a wrong surgical procedure.

12

13  The notification must be made in writing and be provided by

14  facsimile device or overnight mail delivery. The notification

15  must include information regarding the identity of the

16  affected patient, the type of adverse incident, the initiation

17  of an investigation by the facility, and whether the events

18  causing or resulting in the adverse incident represent a

19  potential risk to other patients.

20         (8)  Any of the following adverse incidents, whether

21  occurring in the licensed facility or arising from health care

22  prior to admission in the licensed facility, shall be reported

23  by the facility to the agency within 15 calendar days after

24  its occurrence:

25         (a)  The death of a patient;

26         (b)  Brain or spinal damage to a patient;

27         (c)  The performance of a surgical procedure on the

28  wrong patient;

29         (d)  The performance of a wrong-site surgical

30  procedure;

31         (e)  The performance of a wrong surgical procedure;

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  1         (f)  The performance of a surgical procedure that is

  2  medically unnecessary or otherwise unrelated to the patient's

  3  diagnosis or medical condition;

  4         (g)  The surgical repair of damage resulting to a

  5  patient from a planned surgical procedure, where the damage is

  6  not a recognized specific risk, as disclosed to the patient

  7  and documented through the informed-consent process; or

  8         (h)  The performance of procedures to remove unplanned

  9  foreign objects remaining from a surgical procedure.

10

11  The agency may grant extensions to this reporting requirement

12  for more than 15 days upon justification submitted in writing

13  by the facility administrator to the agency. The agency may

14  require an additional, final report.  These reports shall not

15  be available to the public pursuant to s. 119.07(1) or any

16  other law providing access to public records, nor be

17  discoverable or admissible in any civil or administrative

18  action, except in disciplinary proceedings by the agency or

19  the appropriate regulatory board, nor shall they be available

20  to the public as part of the record of investigation for and

21  prosecution in disciplinary proceedings made available to the

22  public by the agency or the appropriate regulatory board.

23  However, the agency or the appropriate regulatory board shall

24  make available, upon written request by a health care

25  professional against whom probable cause has been found, any

26  such records which form the basis of the determination of

27  probable cause.  The agency may investigate, as it deems

28  appropriate, any such incident and prescribe measures that

29  must or may be taken in response to the incident. The agency

30  shall review each incident and determine whether it

31  potentially involved conduct by the health care professional

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  1  who is subject to disciplinary action, in which case the

  2  provisions of s. 456.073 shall apply.

  3         (9)  The agency shall publish on the agency's website,

  4  no less than quarterly, a summary and trend analysis of

  5  adverse incident reports received pursuant to this section,

  6  which shall not include information that would identify the

  7  patient, the reporting facility, or the health care

  8  practitioners involved. The agency shall publish on the

  9  agency's website an annual summary and trend analysis of all

10  adverse incident reports and malpractice claims information

11  provided by facilities in their annual reports, which shall

12  not include information that would identify the patient, the

13  reporting facility, or the practitioners involved.  The

14  purpose of the publication of the summary and trend analysis

15  is to promote the rapid dissemination of information relating

16  to adverse incidents and malpractice claims to assist in

17  avoidance of similar incidents and reduce morbidity and

18  mortality.

19         (10)(9)  The internal risk manager of each licensed

20  facility shall:

21         (a)  Investigate every allegation of sexual misconduct

22  which is made against a member of the facility's personnel who

23  has direct patient contact, when the allegation is that the

24  sexual misconduct occurred at the facility or on the grounds

25  of the facility.; and

26         (b)  Report every allegation of sexual misconduct to

27  the administrator of the licensed facility.

28         (c)  Notify the family or guardian of the victim, if a

29  minor, that an allegation of sexual misconduct has been made

30  and that an investigation is being conducted.;

31

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  1         (d)  Report to the Department of Health every

  2  allegation of sexual misconduct, as defined in chapter 456 and

  3  the respective practice act, by a licensed health care

  4  practitioner that involves a patient.

  5         (11)(10)  Any witness who witnessed or who possesses

  6  actual knowledge of the act that is the basis of an allegation

  7  of sexual abuse shall:

  8         (a)  Notify the local police; and

  9         (b)  Notify the hospital risk manager and the

10  administrator.

11

12  For purposes of this subsection, "sexual abuse" means acts of

13  a sexual nature committed for the sexual gratification of

14  anyone upon, or in the presence of, a vulnerable adult,

15  without the vulnerable adult's informed consent, or a minor.

16  "Sexual abuse" includes, but is not limited to, the acts

17  defined in s. 794.011(1)(h), fondling, exposure of a

18  vulnerable adult's or minor's sexual organs, or the use of the

19  vulnerable adult or minor to solicit for or engage in

20  prostitution or sexual performance. "Sexual abuse" does not

21  include any act intended for a valid medical purpose or any

22  act which may reasonably be construed to be a normal

23  caregiving action.

24         (12)(11)  A person who, with malice or with intent to

25  discredit or harm a licensed facility or any person, makes a

26  false allegation of sexual misconduct against a member of a

27  licensed facility's personnel is guilty of a misdemeanor of

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

29  775.083.

30         (13)(12)  In addition to any penalty imposed pursuant

31  to this section, the agency shall require a written plan of

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  1  correction from the facility.  For a single incident or series

  2  of isolated incidents that are nonwillful violations of the

  3  reporting requirements of this section, the agency shall first

  4  seek to obtain corrective action by the facility.  If the

  5  correction is not demonstrated within the timeframe

  6  established by the agency or if there is a pattern of

  7  nonwillful violations of this section, the agency may impose

  8  an administrative fine, not to exceed $5,000 for any violation

  9  of the reporting requirements of this section.  The

10  administrative fine for repeated nonwillful violations shall

11  not exceed $10,000 for any violation.  The administrative fine

12  for each intentional and willful violation may not exceed

13  $25,000 per violation, per day.  The fine for an intentional

14  and willful violation of this section may not exceed $250,000.

15  In determining the amount of fine to be levied, the agency

16  shall be guided by s. 395.1065(2)(b). This subsection does not

17  apply to the notice requirements under subsection (7).

18         (14)(13)  The agency shall have access to all licensed

19  facility records necessary to carry out the provisions of this

20  section.  The records obtained by the agency under subsection

21  (6), subsection (8), or subsection (10) (9) are not available

22  to the public under s. 119.07(1), nor shall they be

23  discoverable or admissible in any civil or administrative

24  action, except in disciplinary proceedings by the agency or

25  the appropriate regulatory board, nor shall records obtained

26  pursuant to s. 456.071 be available to the public as part of

27  the record of investigation for and prosecution in

28  disciplinary proceedings made available to the public by the

29  agency or the appropriate regulatory board. However, the

30  agency or the appropriate regulatory board shall make

31  available, upon written request by a health care professional

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  1  against whom probable cause has been found, any such records

  2  which form the basis of the determination of probable cause,

  3  except that, with respect to medical review committee records,

  4  s. 766.101 controls.

  5         (15)(14)  The meetings of the committees and governing

  6  board of a licensed facility held solely for the purpose of

  7  achieving the objectives of risk management as provided by

  8  this section shall not be open to the public under the

  9  provisions of chapter 286. The records of such meetings are

10  confidential and exempt from s. 119.07(1), except as provided

11  in subsection (14) (13).

12         (16)(15)  The agency shall review, as part of its

13  licensure inspection process, the internal risk management

14  program at each licensed facility regulated by this section to

15  determine whether the program meets standards established in

16  statutes and rules, whether the program is being conducted in

17  a manner designed to reduce adverse incidents, and whether the

18  program is appropriately reporting incidents under this

19  section subsections (5), (6), (7), and (8).

20         (17)(16)  There shall be no monetary liability on the

21  part of, and no cause of action for damages shall arise

22  against, any risk manager, licensed under s. 395.10974 part IX

23  of chapter 626, for the implementation and oversight of the

24  internal risk management program in a facility licensed under

25  this chapter or chapter 390 as required by this section, for

26  any act or proceeding undertaken or performed within the scope

27  of the functions of such internal risk management program if

28  the risk manager acts without intentional fraud.

29         (18)  A privilege against civil liability is hereby

30  granted to any licensed risk manager or licensed facility with

31  regard to information furnished pursuant to this chapter,

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  1  unless the licensed risk manager or facility acted in bad

  2  faith or with malice in providing such information.

  3         (19)(17)  If the agency, through its receipt of any

  4  reports required under this section the annual reports

  5  prescribed in subsection (6) or through any investigation, has

  6  a reasonable belief that conduct by a staff member or employee

  7  of a licensed facility is grounds for disciplinary action by

  8  the appropriate regulatory board, the agency shall report this

  9  fact to such regulatory board.

10         (18)  The agency shall annually publish a report

11  summarizing the information contained in the annual incident

12  reports submitted by licensed facilities pursuant to

13  subsection (6) and disciplinary actions reported to the agency

14  pursuant to s. 395.0193. The report must, at a minimum,

15  summarize:

16         (a)  Adverse incidents, by category of reported

17  incident, and by type of professional involved.

18         (b)  Types of malpractice claims filed, by type of

19  professional involved.

20         (c)  Disciplinary actions taken against professionals,

21  by type of professional involved.

22         (20)  It shall be unlawful for any person to coerce,

23  intimidate, or preclude a risk manager from lawfully executing

24  his or her reporting obligations pursuant to this chapter.

25  Such unlawful action shall be subject to civil monetary

26  penalties not to exceed $10,000 per violation.

27         Section 2.  Section 395.10972, Florida Statutes, is

28  amended to read:

29         395.10972  Health Care Risk Manager Advisory

30  Council.--The Secretary of Health Care Administration may

31  appoint a seven-member five-member advisory council to advise

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  1  the agency on matters pertaining to health care risk managers.

  2  The members of the council shall serve at the pleasure of the

  3  secretary. The council shall designate a chair. The council

  4  shall meet at the call of the secretary or at those times as

  5  may be required by rule of the agency.  The members of the

  6  advisory council shall receive no compensation for their

  7  services, but shall be reimbursed for travel expenses as

  8  provided in s. 112.061. The council shall consist of

  9  individuals representing the following areas:

10         (1)  Two shall be active health care risk managers,

11  including one risk manager who is recommended by and a member

12  of the Florida Society of Healthcare Risk Management.

13         (2)  One shall be an active hospital administrator.

14         (3)  One shall be an employee of an insurer or

15  self-insurer of medical malpractice coverage.

16         (4)  One shall be a representative of the

17  health-care-consuming public.

18         (5)  Two shall be licensed health care practitioners,

19  one of whom shall be licensed as a physician under chapter 458

20  or chapter 459.

21         Section 3.  Paragraph (b) of subsection (2) of section

22  395.701, Florida Statutes, is amended to read:

23         395.701  Annual assessments on net operating revenues

24  for inpatient and outpatient services to fund public medical

25  assistance; administrative fines for failure to pay

26  assessments when due; exemption.--

27         (2)

28         (b)  There is imposed upon each hospital an assessment

29  in an amount equal to 1 percent of the annual net operating

30  revenue for outpatient services for each hospital, such

31  revenue to be determined by the agency, based on the actual

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  1  experience of the hospital as reported to the agency. While

  2  prior year report worksheets may be reconciled to the

  3  hospital's audited financial statements, no additional audited

  4  financial components may be required for the purposes of

  5  determining the amount of the assessment imposed pursuant to

  6  this section other than those in effect on July 1, 2000.

  7  Within 6 months after the end of each hospital fiscal year,

  8  the agency shall certify the amount of the assessment for each

  9  hospital. The assessment shall be payable to and collected by

10  the agency in equal quarterly amounts, on or before the first

11  day of each calendar quarter, beginning with the first full

12  calendar quarter that occurs after the agency certifies the

13  amount of the assessment for each hospital. All moneys

14  collected pursuant to this subsection shall be deposited into

15  the Public Medical Assistance Trust Fund.

16         Section 4.  Subsections (7) through (11) of section

17  456.013, Florida Statutes, are renumbered as subsections (8)

18  through (12), respectively, and a new subsection (7) is added

19  to said section to read:

20         456.013  Department; general licensing provisions.--

21         (7)  The boards, or the department when there is no

22  board, shall require the completion of a 2-hour course

23  relating to prevention of medical errors as part of the

24  licensure and renewal process. The 2-hour course shall count

25  towards the total number of continuing education hours

26  required for the profession. The course shall be approved by

27  the board or department, as appropriate, and shall include a

28  study of root-cause analysis, error reduction and prevention,

29  and patient safety. If the course is being offered by a

30  facility licensed pursuant to chapter 395 for its employees,

31  the board may approve up to 1 hour of the 2-hour course to be

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  1  specifically related to error reduction and prevention methods

  2  used in that facility.

  3         Section 5.  Subsection (3) is added to section 456.063,

  4  Florida Statutes, to read:

  5         456.063  Sexual misconduct; disqualification for

  6  license, certificate, or registration; reports of allegation

  7  of sexual misconduct.--

  8         (3)  Licensed health care practitioners shall report

  9  allegations of sexual misconduct to the department, regardless

10  of the practice setting in which the alleged sexual misconduct

11  occurred.

12         Section 6.  Paragraph (c) of subsection (1) of section

13  456.072, Florida Statutes, is amended, paragraphs (aa) and

14  (bb) are added to said subsection, paragraph (c) of subsection

15  (2) and subsection (4) are amended, and paragraphs (i) and (j)

16  are added to subsection (2) of said section, to read:

17         456.072  Grounds for discipline; penalties;

18  enforcement.--

19         (1)  The following acts shall constitute grounds for

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

21  be taken:

22         (c)  Being convicted or found guilty of, or entering a

23  plea of guilty or nolo contendere to, regardless of

24  adjudication, a crime in any jurisdiction which relates to the

25  practice of, or the ability to practice, a licensee's

26  profession.

27         (aa)  Performing or attempting to perform health care

28  services on the wrong patient, a wrong-site procedure, a wrong

29  procedure, or an unauthorized procedure or a procedure that is

30  medically unnecessary or otherwise unrelated to the patient's

31  diagnosis or medical condition. For the purposes of this

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  1  paragraph, performing or attempting to perform health care

  2  services includes the preparation of the patient.

  3         (bb)  Leaving a foreign body in a patient, such as a

  4  sponge, clamp, forceps, surgical needle, or other

  5  paraphernalia commonly used in surgical, examination, or other

  6  diagnostic procedures. For the purposes of this paragraph, it

  7  shall be legally presumed that retention of a foreign body is

  8  not in the best interest of the patient and is not within the

  9  standard of care of the profession, regardless of the intent

10  of the professional.

11         (2)  When the board, or the department when there is no

12  board, finds any person guilty of the grounds set forth in

13  subsection (1) or of any grounds set forth in the applicable

14  practice act, including conduct constituting a substantial

15  violation of subsection (1) or a violation of the applicable

16  practice act which occurred prior to obtaining a license, it

17  may enter an order imposing one or more of the following

18  penalties:

19         (c)  Restriction of practice or license, including, but

20  not limited to, restricting the licensee from practicing in

21  certain settings, restricting the licensee to work only under

22  designated conditions or in certain settings, restricting the

23  licensee from performing or providing designated clinical and

24  administrative services, restricting the licensee from

25  practicing more than a designated number of hours, or any

26  other restriction found to be necessary for the protection of

27  the public health, safety, and welfare.

28         (i)  Refund of fees billed and collected from the

29  patient or a third party on behalf of the patient.

30         (j)  Requirement that the practitioner undergo remedial

31  education.

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  1

  2  In determining what action is appropriate, the board, or

  3  department when there is no board, must first consider what

  4  sanctions are necessary to protect the public or to compensate

  5  the patient. Only after those sanctions have been imposed may

  6  the disciplining authority consider and include in the order

  7  requirements designed to rehabilitate the practitioner. All

  8  costs associated with compliance with orders issued under this

  9  subsection are the obligation of the practitioner.

10         (4)  In addition to any other discipline imposed

11  pursuant to this section or discipline imposed for a violation

12  of any practice act, the board, or the department when there

13  is no board, shall may assess costs related to the

14  investigation and prosecution of the case. In any case where

15  the board or the department imposes a fine or assessment and

16  the fine or assessment is not paid within a reasonable time,

17  such reasonable time to be prescribed in the rules of the

18  board, or the department when there is no board, or in the

19  order assessing such fines or costs, the department or the

20  Department of Legal Affairs may contract for the collection

21  of, or bring a civil action to recover, the fine or

22  assessment.

23         Section 7.  Paragraphs (a) and (c) of subsection (9) of

24  section 456.073, Florida Statutes, are amended to read:

25         456.073  Disciplinary proceedings.--Disciplinary

26  proceedings for each board shall be within the jurisdiction of

27  the department.

28         (9)(a)  The department shall periodically notify the

29  person who filed the complaint, as well as the patient or the

30  patient's legal representative, of the status of the

31  investigation, indicating whether probable cause has been

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  1  found and the status of any civil action or administrative

  2  proceeding or appeal.

  3         (c)  In any disciplinary case for which probable cause

  4  is not found, the department shall so inform the person who

  5  filed the complaint and notify that person that he or she may,

  6  within 60 days, provide any additional information to the

  7  department probable cause panel which may be relevant to the

  8  decision. To facilitate the provision of additional

  9  information, the person who filed the complaint may receive,

10  upon request, a copy of the agency's expert report that

11  supported the recommendation for closure, if such a report was

12  relied upon by the agency. In no way does this require the

13  agency to procure an expert opinion or report if none was

14  used. Additionally, the identity of the expert shall remain

15  confidential. The person who filed the complaint shall agree,

16  in writing, to maintain the confidentiality of any information

17  found in the expert report. In any administrative proceeding

18  under s. 120.57, the person who filed the disciplinary

19  complaint shall have the right to present oral or written

20  communication relating to the alleged disciplinary violations

21  or to the appropriate penalty.

22         Section 8.  Subsections (2) and (6) of section 456.077,

23  Florida Statutes, are amended to read:

24         456.077  Authority to issue citations.--

25         (2)  The board, or the department if there is no board,

26  shall adopt rules designating violations for which a citation

27  may be issued.  Such rules shall designate as citation

28  violations those violations for which there is no substantial

29  threat to the public health, safety, and welfare. Violations

30  for which a citation may be issued shall include violations of

31  continuing education requirements, failure to timely pay

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  1  required fees and fines, failure to comply with the

  2  requirements of ss. 381.026 and 381.0261 regarding the

  3  dissemination of information regarding patient rights, failure

  4  to comply with advertising requirements, failure to timely

  5  update practitioner profile and credentialing files, failure

  6  to display signs, licenses, and permits, failure to have

  7  required reference books available, and all other violations

  8  that do not pose a direct and serious threat to the health and

  9  safety of the patient.

10         (6)  A board created on or after January 1, 1992, has 6

11  months in which to enact rules designating violations and

12  penalties appropriate for citation offenses. Failure to enact

13  such rules gives the department exclusive authority to adopt

14  rules as required for implementing this section. A board has

15  continuous authority to amend its rules adopted pursuant to

16  this section.

17         Section 9.  Section 456.081, Florida Statutes, is

18  amended to read:

19         456.081  Publication of information.--The department

20  and the boards shall have the authority to advise licensees

21  periodically, through the publication of a newsletter, about

22  information that the department or the board determines is of

23  interest to the industry. The department and the boards shall

24  maintain a website which contains copies of the newsletter;

25  information relating to adverse incident reports without

26  identifying the patient, practitioner, or facility in which

27  the adverse incident occurred until 10 days after probable

28  cause is found, at which time the name of the practitioner and

29  facility shall become public as part of the investigative

30  file; information about error prevention and safety

31  strategies; and information concerning best practices. Unless

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  1  otherwise prohibited by law, the department and the boards

  2  shall publish on the website a summary of final orders entered

  3  after July 1, 2001, resulting in disciplinary action fines,

  4  suspensions, or revocations, and any other information the

  5  department or the board determines is of interest to the

  6  public. In order to provide useful and timely information at

  7  minimal cost, the department and boards may consult with, and

  8  include information provided by, professional associations and

  9  national organizations.

10         Section 10.  Subsection (9) of section 458.331, Florida

11  Statutes, is amended to read:

12         458.331  Grounds for disciplinary action; action by the

13  board and department.--

14         (9)  When an investigation of a physician is

15  undertaken, the department shall promptly furnish to the

16  physician or the physician's attorney a copy of the complaint

17  or document which resulted in the initiation of the

18  investigation.  For purposes of this subsection, such

19  documents include, but are not limited to: the pertinent

20  portions of an annual report submitted to the department

21  pursuant to s. 395.0197(6); a report of an adverse incident

22  which is provided to the department pursuant to s.

23  395.0197(8); a report of peer review disciplinary action

24  submitted to the department pursuant to s. 395.0193(4) or s.

25  458.337, providing that the investigations, proceedings, and

26  records relating to such peer review disciplinary action shall

27  continue to retain their privileged status even as to the

28  licensee who is the subject of the investigation, as provided

29  by ss. 395.0193(8) and 458.337(3); a report of a closed claim

30  submitted pursuant to s. 627.912; a presuit notice submitted

31  pursuant to s. 766.106(2); and a petition brought under the

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  1  Florida Birth-Related Neurological Injury Compensation Plan,

  2  pursuant to s. 766.305(2).  The physician may submit a written

  3  response to the information contained in the complaint or

  4  document which resulted in the initiation of the investigation

  5  within 45 days after service to the physician of the complaint

  6  or document. The physician's written response shall be

  7  considered by the probable cause panel.

  8         Section 11.  Subsection (9) of section 459.015, Florida

  9  Statutes, is amended to read:

10         459.015  Grounds for disciplinary action; action by the

11  board and department.--

12         (9)  When an investigation of an osteopathic physician

13  is undertaken, the department shall promptly furnish to the

14  osteopathic physician or his or her attorney a copy of the

15  complaint or document which resulted in the initiation of the

16  investigation. For purposes of this subsection, such documents

17  include, but are not limited to: the pertinent portions of an

18  annual report submitted to the department pursuant to s.

19  395.0197(6); a report of an adverse incident which is provided

20  to the department pursuant to s. 395.0197(8); a report of peer

21  review disciplinary action submitted to the department

22  pursuant to s. 395.0193(4) or s. 459.016, provided that the

23  investigations, proceedings, and records relating to such peer

24  review disciplinary action shall continue to retain their

25  privileged status even as to the licensee who is the subject

26  of the investigation, as provided by ss. 395.0193(8) and

27  459.016(3); a report of a closed claim submitted pursuant to

28  s. 627.912; a presuit notice submitted pursuant to s.

29  766.106(2); and a petition brought under the Florida

30  Birth-Related Neurological Injury Compensation Plan, pursuant

31  to s. 766.305(2).  The osteopathic physician may submit a

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  1  written response to the information contained in the complaint

  2  or document which resulted in the initiation of the

  3  investigation within 45 days after service to the osteopathic

  4  physician of the complaint or document. The osteopathic

  5  physician's written response shall be considered by the

  6  probable cause panel.

  7         Section 12.  Subsection (5) of section 465.019, Florida

  8  Statutes, is amended to read:

  9         465.019  Institutional pharmacies; permits.--

10         (5)  All institutional pharmacies shall be under the

11  professional supervision of a consultant pharmacist, and the

12  compounding and dispensing of medicinal drugs shall be done

13  only by a licensed pharmacist. Every institutional pharmacy

14  that employs or otherwise utilizes pharmacy technicians shall

15  have a written policy and procedures manual specifying those

16  duties, tasks, and functions which a pharmacy technician is

17  allowed to perform.

18         Section 13.  Section 465.0196, Florida Statutes, is

19  amended to read:

20         465.0196  Special pharmacy permits.--Any person

21  desiring a permit to operate a pharmacy which does not fall

22  within the definitions set forth in s. 465.003(11)(a)1., 2.,

23  and 3. shall apply to the department for a special pharmacy

24  permit.  If the board certifies that the application complies

25  with the applicable laws and rules of the board governing the

26  practice of the profession of pharmacy, the department shall

27  issue the permit.  No permit shall be issued unless a licensed

28  pharmacist is designated to undertake the professional

29  supervision of the compounding and dispensing of all drugs

30  dispensed by the pharmacy.  The licensed pharmacist shall be

31  responsible for maintaining all drug records and for providing

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  1  for the security of the area in the facility in which the

  2  compounding, storing, and dispensing of medicinal drugs

  3  occurs.  The permittee shall notify the department within 10

  4  days of any change of the licensed pharmacist responsible for

  5  such duties. Every permittee that employs or otherwise

  6  utilizes pharmacy technicians shall have a written policy and

  7  procedures manual specifying those duties, tasks, and

  8  functions which a pharmacy technician is allowed to perform.

  9         Section 14.  The Department of Health and the Agency

10  for Health Care Administration shall conduct a review of all

11  statutorily imposed reporting requirements for health care

12  practitioners and health facilities. The department and the

13  agency shall report back to the Legislature on or before

14  November 1, 2001, with recommendations and suggested statutory

15  changes to streamline reporting requirements to avoid

16  duplicative, overlapping, and unnecessary reports or data

17  elements.

18         Section 15.  Paragraph (r) is added to subsection (1)

19  of section 468.1755, Florida Statutes, and, for the purpose of

20  incorporating the amendment to section 456.072(1), Florida

21  Statutes, in a reference thereto, paragraph (a) of subsection

22  (1) of said section is reenacted, to read:

23         468.1755  Disciplinary proceedings.--

24         (1)  The following acts shall constitute grounds for

25  which the disciplinary actions in subsection (2) may be taken:

26         (a)  Violation of any provision of s. 456.072(1) or s.

27  468.1745(1).

28         (r)  Failing to implement an ongoing quality assurance

29  program directed by an interdisciplinary team that meets at

30  least every other month.

31

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  1         (2)  When the board finds any nursing home

  2  administrator guilty of any of the grounds set forth in

  3  subsection (1), it may enter an order imposing one or more of

  4  the following penalties:

  5         (a)  Denial of an application for licensure.

  6         (b)  Revocation or suspension of a license.

  7         (c)  Imposition of an administrative fine not to exceed

  8  $1,000 for each count or separate offense.

  9         (d)  Issuance of a reprimand.

10         (e)  Placement of the licensee on probation for a

11  period of time and subject to such conditions as the board may

12  specify, including requiring the licensee to attend continuing

13  education courses or to work under the supervision of another

14  licensee.

15         (f)  Restriction of the authorized scope of practice.

16         Section 16.  For the purpose of incorporating the

17  amendment to section 468.1755(1), Florida Statutes, in

18  reference thereto, subsection (3) of section 468.1695, Florida

19  Statutes, and section 468.1735, Florida Statutes, are

20  reenacted to read:

21         468.1695  Licensure by examination.--

22         (3)  The department shall issue a license to practice

23  nursing home administration to any applicant who successfully

24  completes the examination in accordance with this section and

25  otherwise meets the requirements of this part.  The department

26  shall not issue a license to any applicant who is under

27  investigation in this state or another jurisdiction for an

28  offense which would constitute a violation of s. 468.1745 or

29  s. 468.1755. Upon completion of the investigation, the

30  provisions of s. 468.1755 shall apply.

31

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  1         468.1735  Provisional license.--The board may establish

  2  by rule requirements for issuance of a provisional license.  A

  3  provisional license shall be issued only to fill a position of

  4  nursing home administrator that unexpectedly becomes vacant

  5  due to illness, sudden death of the administrator, or

  6  abandonment of position and shall be issued for one single

  7  period as provided by rule not to exceed 6 months.  The

  8  department shall not issue a provisional license to any

  9  applicant who is under investigation in this state or another

10  jurisdiction for an offense which would constitute a violation

11  of s. 468.1745 or s. 468.1755. Upon completion of the

12  investigation, the provisions of s. 468.1755 shall apply.  The

13  provisional license may be issued to a person who does not

14  meet all of the licensing requirements established by this

15  part, but the board shall by rule establish minimal

16  requirements to ensure protection of the public health,

17  safety, and welfare.  The provisional license shall be issued

18  to the person who is designated as the responsible person next

19  in command in the event of the administrator's departure.  The

20  board may set an application fee not to exceed $500 for a

21  provisional license.

22         Section 17.  For the purpose of incorporating the

23  amendment to section 456.072(1), Florida Statutes, in a

24  reference thereto, paragraph (a) of subsection (1) of section

25  484.056, Florida Statutes, is reenacted to read:

26         484.056  Disciplinary proceedings.--

27         (1)  The following acts relating to the practice of

28  dispensing hearing aids shall be grounds for both disciplinary

29  action against a hearing aid specialist as set forth in this

30  section and cease and desist or other related action by the

31  department as set forth in s. 456.065 against any person

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  1  owning or operating a hearing aid establishment who engages

  2  in, aids, or abets any such violation:

  3         (a)  Violation of any provision of s. 456.072(1), s.

  4  484.0512, or s. 484.053.

  5         Section 18.  Paragraph (a) of subsection (1), paragraph

  6  (a) of subsection (7), and subsection (8) of section 766.101,

  7  Florida Statutes, are amended to read:

  8         766.101  Medical review committee, immunity from

  9  liability.--

10         (1)  As used in this section:

11         (a)  The term "medical review committee" or "committee"

12  means:

13         1.a.  A committee of a hospital or ambulatory surgical

14  center licensed under chapter 395 or a health maintenance

15  organization certificated under part I of chapter 641,

16         b.  A committee of a physician-hospital organization, a

17  provider-sponsored organization, or an integrated delivery

18  system,

19         c.  A committee of a state or local professional

20  society of health care providers,

21         d.  A committee of a medical staff of a licensed

22  hospital or nursing home, provided the medical staff operates

23  pursuant to written bylaws that have been approved by the

24  governing board of the hospital or nursing home,

25         e.  A committee of the Department of Corrections or the

26  Correctional Medical Authority as created under s. 945.602, or

27  employees, agents, or consultants of either the department or

28  the authority or both,

29         f.  A committee of a professional service corporation

30  formed under chapter 621 or a corporation organized under

31  chapter 607 or chapter 617, which is formed and operated for

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  1  the practice of medicine as defined in s. 458.305(3), and

  2  which has at least 25 health care providers who routinely

  3  provide health care services directly to patients,

  4         g.  A committee of a mental health treatment facility

  5  licensed under chapter 394 or a community mental health center

  6  as defined in s. 394.907, provided the quality assurance

  7  program operates pursuant to the guidelines which have been

  8  approved by the governing board of the agency,

  9         h.  A committee of a substance abuse treatment and

10  education prevention program licensed under chapter 397

11  provided the quality assurance program operates pursuant to

12  the guidelines which have been approved by the governing board

13  of the agency,

14         i.  A peer review or utilization review committee

15  organized under chapter 440, or

16         j.  A committee of the Department of Health, a county

17  health department, healthy start coalition, or certified rural

18  health network, when reviewing quality of care, or employees

19  of these entities when reviewing mortality records, or

20         k.  A continuous quality improvement committee of a

21  pharmacy licensed pursuant to chapter 465,

22

23  which committee is formed to evaluate and improve the quality

24  of health care rendered by providers of health service or to

25  determine that health services rendered were professionally

26  indicated or were performed in compliance with the applicable

27  standard of care or that the cost of health care rendered was

28  considered reasonable by the providers of professional health

29  services in the area; or

30

31

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  1         2.  A committee of an insurer, self-insurer, or joint

  2  underwriting association of medical malpractice insurance, or

  3  other persons conducting review under s. 766.106.

  4         (7)(a)  It is the intent of the Legislature to

  5  encourage medical review committees to contribute further to

  6  the quality of health care in this state by reviewing

  7  complaints against physicians in the manner described in this

  8  paragraph. Accordingly, the Department of Health Business and

  9  Professional Regulation may enter into a letter of agreement

10  with a professional society of physicians licensed under

11  chapter 458 or chapter 459, under which agreement the medical

12  or peer review committees of the professional society will

13  conduct a review of any complaint or case referred to the

14  society by the department which involves a question as to

15  whether a physician's actions represented a breach of the

16  prevailing professional standard of care. The prevailing

17  professional standard of care is that level of care, skill,

18  and treatment which, in light of all relevant surrounding

19  circumstances, is recognized as acceptable and appropriate by

20  reasonably prudent similar health care providers. The letter

21  of agreement must specify that the professional society will

22  submit an advisory report to the department within a

23  reasonable time following the department's written and

24  appropriately supported request to the professional society.

25  The advisory report, which is not binding upon the department,

26  constitutes the professional opinion of the medical review

27  committee and must include:

28         1.  A statement of relevant factual findings.

29         2.  The judgment of the committee as to whether the

30  physician's actions represented a breach of the prevailing

31  professional standard of care.

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

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

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

  4  466 shall arise against another person licensed pursuant to

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

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

  7  information to a duly appointed medical review committee, to

  8  an internal risk management program established under s.

  9  395.0197, to the Department of Health or the Agency for Health

10  Care Administration Business and Professional Regulation, or

11  to the appropriate regulatory board if the information

12  furnished concerns patient care at a facility licensed

13  pursuant to part I of chapter 395 where both persons provide

14  health care services, if the information is not intentionally

15  fraudulent, and if the information is within the scope of the

16  functions of the committee, department, or board. However, if

17  such information is otherwise available from original sources,

18  it is not immune from discovery or use in a civil action

19  merely because it was presented during a proceeding of the

20  committee, department, or board.

21         Section 19.  For the purpose of incorporating the

22  amendment to section 766.101(1)(a) in references thereto,

23  paragraph (a) of subsection (1) of section 440.105, Florida

24  Statutes, and subsection (6) of section 626.989, Florida

25  Statutes, are reenacted to read:

26         440.105  Prohibited activities; reports; penalties;

27  limitations.--

28         (1)(a)  Any insurance carrier, any individual

29  self-insured, any commercial or group self-insurance fund, any

30  professional practitioner licensed or regulated by the

31  Department of Business and Professional Regulation, except as

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  1  otherwise provided by law, any medical review committee as

  2  defined in s. 766.101, any private medical review committee,

  3  and any insurer, agent, or other person licensed under the

  4  insurance code, or any employee thereof, having knowledge or

  5  who believes that a fraudulent act or any other act or

  6  practice which, upon conviction, constitutes a felony or

  7  misdemeanor under this chapter is being or has been committed

  8  shall send to the Division of Insurance Fraud, Bureau of

  9  Workers' Compensation Fraud, a report or information pertinent

10  to such knowledge or belief and such additional information

11  relative thereto as the bureau may require. The bureau shall

12  review such information or reports and select such information

13  or reports as, in its judgment, may require further

14  investigation. It shall then cause an independent examination

15  of the facts surrounding such information or report to be made

16  to determine the extent, if any, to which a fraudulent act or

17  any other act or practice which, upon conviction, constitutes

18  a felony or a misdemeanor under this chapter is being

19  committed. The bureau shall report any alleged violations of

20  law which its investigations disclose to the appropriate

21  licensing agency and state attorney or other prosecuting

22  agency having jurisdiction with respect to any such violations

23  of this chapter. If prosecution by the state attorney or other

24  prosecuting agency having jurisdiction with respect to such

25  violation is not begun within 60 days of the bureau's report,

26  the state attorney or other prosecuting agency having

27  jurisdiction with respect to such violation shall inform the

28  bureau of the reasons for the lack of prosecution.

29         626.989  Investigation by department or Division of

30  Insurance Fraud; compliance; immunity; confidential

31

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  1  information; reports to division; division investigator's

  2  power of arrest.--

  3         (6)  Any person, other than an insurer, agent, or other

  4  person licensed under the code, or an employee thereof, having

  5  knowledge or who believes that a fraudulent insurance act or

  6  any other act or practice which, upon conviction, constitutes

  7  a felony or a misdemeanor under the code, or under s. 817.234,

  8  is being or has been committed may send to the Division of

  9  Insurance Fraud a report or information pertinent to such

10  knowledge or belief and such additional information relative

11  thereto as the department may request. Any professional

12  practitioner licensed or regulated by the Department of

13  Business and Professional Regulation, except as otherwise

14  provided by law, any medical review committee as defined in s.

15  766.101, any private medical review committee, and any

16  insurer, agent, or other person licensed under the code, or an

17  employee thereof, having knowledge or who believes that a

18  fraudulent insurance act or any other act or practice which,

19  upon conviction, constitutes a felony or a misdemeanor under

20  the code, or under s. 817.234, is being or has been committed

21  shall send to the Division of Insurance Fraud a report or

22  information pertinent to such knowledge or belief and such

23  additional information relative thereto as the department may

24  require. The Division of Insurance Fraud shall review such

25  information or reports and select such information or reports

26  as, in its judgment, may require further investigation. It

27  shall then cause an independent examination of the facts

28  surrounding such information or report to be made to determine

29  the extent, if any, to which a fraudulent insurance act or any

30  other act or practice which, upon conviction, constitutes a

31  felony or a misdemeanor under the code, or under s. 817.234,

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  1  is being committed. The Division of Insurance Fraud shall

  2  report any alleged violations of law which its investigations

  3  disclose to the appropriate licensing agency and state

  4  attorney or other prosecuting agency having jurisdiction with

  5  respect to any such violation, as provided in s. 624.310. If

  6  prosecution by the state attorney or other prosecuting agency

  7  having jurisdiction with respect to such violation is not

  8  begun within 60 days of the division's report, the state

  9  attorney or other prosecuting agency having jurisdiction with

10  respect to such violation shall inform the division of the

11  reasons for the lack of prosecution.

12         Section 20.  Paragraph (c) of subsection (4) of section

13  766.1115, Florida Statutes, is amended to read:

14         766.1115  Health care providers; creation of agency

15  relationship with governmental contractors.--

16         (4)  CONTRACT REQUIREMENTS.--A health care provider

17  that executes a contract with a governmental contractor to

18  deliver health care services on or after April 17, 1992, as an

19  agent of the governmental contractor is an agent for purposes

20  of s. 768.28(9), while acting within the scope of duties

21  pursuant to the contract, if the contract complies with the

22  requirements of this section and regardless of whether the

23  individual treated is later found to be ineligible.  A health

24  care provider under contract with the state may not be named

25  as a defendant in any action arising out of the medical care

26  or treatment provided on or after April 17, 1992, pursuant to

27  contracts entered into under this section.  The contract must

28  provide that:

29         (c)  Adverse incidents and information on treatment

30  outcomes must be reported by any health care provider to the

31  governmental contractor if such incidents and information

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  1  pertain to a patient treated pursuant to the contract. The

  2  health care provider shall submit the reports required by s.

  3  395.0197 annually submit an adverse incident report that

  4  includes all information required by s. 395.0197(6)(a), unless

  5  the adverse incident involves a result described by s.

  6  395.0197(8), in which case it shall be reported within 15 days

  7  after the occurrence of such incident. If an incident involves

  8  a professional licensed by the Department of Health or a

  9  facility licensed by the Agency for Health Care

10  Administration, the governmental contractor shall submit such

11  incident reports to the appropriate department or agency,

12  which shall review each incident and determine whether it

13  involves conduct by the licensee that is subject to

14  disciplinary action. All patient medical records and any

15  identifying information contained in adverse incident reports

16  and treatment outcomes which are obtained by governmental

17  entities pursuant to this paragraph are confidential and

18  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

19  I of the State Constitution.

20         Section 21.  Section 456.047, Florida Statutes, is

21  amended to read:

22         456.047  Standardized credentialing for health care

23  practitioners.--

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

25  efficient and effective health care practitioner credentialing

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

27  recognizes that health care practitioner credentialing

28  activities have increased significantly as a result of health

29  care reform and recent changes in health care delivery and

30  reimbursement systems. Moreover, the resulting duplication of

31  health care practitioner credentialing activities is

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  1  unnecessarily costly and cumbersome for both the practitioner

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

  3  the intent of this section that a credentials collection

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

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

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

  7  modifications thereto. Furthermore, it is the intent of the

  8  Legislature that the department and all entities and

  9  practitioners work cooperatively to ensure the integrity and

10  accuracy of the program. Participation under this section

11  shall include those individuals licensed under chapter 458,

12  chapter 459, chapter 460, chapter 461, or s. 464.012. However,

13  the department shall, with the approval of the applicable

14  board, include other professions under the jurisdiction of the

15  Division of Medical Quality Assurance in this program,

16  provided they meet the requirements of s. 456.039 or s.

17  456.0391.

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

19         (a)  "Certified" or "accredited," as applicable, means

20  approved by a quality assessment program, from the National

21  Committee for Quality Assurance, the Joint Commission on

22  Accreditation of Healthcare Organizations, the American

23  Accreditation HealthCare Commission/URAC, or any such other

24  nationally recognized and accepted organization authorized by

25  the department, used to assess and certify any credentials

26  verification program, entity, or organization that verifies

27  the credentials of any health care practitioner.

28         (b)  "Core credentials data" means data that is primary

29  source verified and includes the following data: current name,

30  any former name, and any alias, any professional education,

31  professional training, licensure, current Drug Enforcement

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  1  Administration certification, social security number,

  2  specialty board certification, Educational Commission for

  3  Foreign Medical Graduates certification, and hospital or other

  4  institutional affiliations, evidence of professional liability

  5  coverage or evidence of financial responsibility as required

  6  by s. 458.320, s. 459.0085, or s. 456.048, history of claims,

  7  suits, judgments, or settlements, final disciplinary action

  8  reported pursuant to s. 456.039(1)(a)8. or s. 456.0391(1)(a)8.

  9  The department may by rule designate additional core

10  credentials data elements, and Medicare or Medicaid sanctions.

11         (c)  "Credential" or "credentialing" means the process

12  of assessing and verifying the qualifications of a licensed

13  health care practitioner or applicant for licensure as a

14  health care practitioner.

15         (d)  "Credentials verification organization" means any

16  organization certified or accredited as a credentials

17  verification organization.

18         (e)  "Department" means the Department of Health,

19  Division of Medical Quality Assurance.

20         (f)  "Designated credentials verification organization"

21  means the credentials verification organization which is

22  selected by the health care practitioner, if the health care

23  practitioner chooses to make such a designation.

24         (g)  "Drug Enforcement Administration certification"

25  means certification issued by the Drug Enforcement

26  Administration for purposes of administration or prescription

27  of controlled substances. Submission of such certification

28  under this section must include evidence that the

29  certification is current and must also include all current

30  addresses to which the certificate is issued.

31         (h)  "Health care entity" means:

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  1         1.  Any health care facility or other health care

  2  organization licensed or certified to provide approved medical

  3  and allied health services in this state;

  4         2.  Any entity licensed by the Department of Insurance

  5  as a prepaid health care plan or health maintenance

  6  organization or as an insurer to provide coverage for health

  7  care services through a network of providers or similar

  8  organization licensed under chapter 627, chapter 636, chapter

  9  641, or chapter 651; or

10         3.  Any accredited medical school in this state.

11         (i)  "Health care practitioner" means any person

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

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

14  chapter 460, chapter 461, or s. 464.012 or any person licensed

15  or applying for licensure under a chapter subsequently made

16  subject to this section by the department with the approval of

17  the applicable board, except a person registered or applying

18  for registration pursuant to s. 458.345 or s. 459.021.

19         (j)  "Hospital or other institutional affiliations"

20  means each hospital or other institution for which the health

21  care practitioner or applicant has provided medical services.

22  Submission of such information under this section must

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

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

25  the health care practitioner or applicant at that hospital or

26  institution, and the dates of affiliation with that hospital

27  or institution.

28         (j)(k)  "National accrediting organization" means an

29  organization that awards accreditation or certification to

30  hospitals, managed care organizations, credentials

31  verification organizations, or other health care

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

  2  Commission on Accreditation of Healthcare Organizations, the

  3  American Accreditation HealthCare Commission/URAC, and the

  4  National Committee for Quality Assurance.

  5         (k)  "Primary source verification" means verification

  6  of professional qualifications based on evidence obtained

  7  directly from the issuing source of the applicable

  8  qualification or from any other source deemed as a primary

  9  source for such verification by the department or an

10  accrediting body approved by the department.

11         (l)  "Professional training" means any internship,

12  residency, or fellowship relating to the profession for which

13  the health care practitioner is licensed or seeking licensure.

14         (m)  "Specialty board certification" means

15  certification in a specialty issued by a specialty board

16  recognized by the board in this state that regulates the

17  profession for which the health care practitioner is licensed

18  or seeking licensure.

19         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

20         (a)  Every health care practitioner shall:

21         1.  Report all core credentials data to the department

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

23  designating a credentials verification organization to submit

24  the data or by submitting the data directly.

25         2.  Notify the department within 45 days of any

26  corrections, updates, or modifications to the core credentials

27  data either through his or her designated credentials

28  verification organization or by submitting the data directly.

29  Corrections, updates, and modifications to the core

30  credentials data provided the department under this section

31

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  1  shall comply with the updating requirements of s. 456.039(3)

  2  or s. 456.0391(3) related to profiling.

  3         (b)  The department shall:

  4         1.  Maintain a complete, current file of applicable

  5  core credentials data on each health care practitioner, which

  6  shall include data provided in accordance with subparagraph

  7  (a)1. and all updates provided in accordance with subparagraph

  8  (a)2.

  9         2.  Release the core credentials data that is otherwise

10  confidential or exempt from the provisions of chapter 119 and

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

12  corrections, updates, and modifications thereto, if authorized

13  by the health care practitioner.

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

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

16  and operating costs, pursuant to the requirements of chapter

17  119.

18         4.  Develop standardized forms to be used by the health

19  care practitioner or designated credentials verification

20  organization for the initial reporting of core credentials

21  data, for the health care practitioner to authorize the

22  release of core credentials data, and for the subsequent

23  reporting of corrections, updates, and modifications thereto.

24         (c)  A registered credentials verification organization

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

26  health care practitioner to comply with the requirements of

27  subparagraph (a)2. A designated credentials verification

28  organization shall:

29         1.  Timely comply with the requirements of subparagraph

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

31

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

  2  credentials data, including all corrections, updates, and

  3  modifications, without the authorization of the practitioner.

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

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

  6  and to approve or deny an application for hospital staff

  7  membership, clinical privileges, or managed care network

  8  participation.

  9         (4)  DUPLICATION OF DATA PROHIBITED.--

10         (a)  A health care entity or credentials verification

11  organization is prohibited from collecting or attempting to

12  collect duplicate core credentials data from any health care

13  practitioner if the information is available from the

14  department. This section shall not be construed to restrict

15  the right of any health care entity or credentials

16  verification organization to collect additional information

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

18  core credentials data file. This section shall not be

19  construed to prohibit a health care entity or credentials

20  verification organization from obtaining all necessary

21  attestation and release form signatures and dates.

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

23  state which credentials health care practitioners may not

24  collect or attempt to collect duplicate core credentials data

25  from any individual health care practitioner if the

26  information is already available from the department. This

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

28  such state agency to request additional information not

29  included in the core credentials credential data file, but

30  which is deemed necessary for the agency's specific

31  credentialing purposes.

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

  2  verification organization that does business in this state

  3  must be fully accredited or certified as a credentials

  4  verification organization by a national accrediting

  5  organization as specified in paragraph (2)(a) and must

  6  register with the department. The department may charge a

  7  reasonable registration fee, not to exceed an amount

  8  sufficient to cover its actual expenses in providing and

  9  enforcing such registration. The department shall establish by

10  rule for biennial renewal of such registration. Failure by a

11  registered credentials verification organization to maintain

12  full accreditation or certification, to provide data as

13  authorized by the health care practitioner, to report to the

14  department changes, updates, and modifications to a health

15  care practitioner's records within the time period specified

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

17  against collection of duplicate core credentials data from a

18  practitioner may result in denial of an application for

19  renewal of registration or in revocation or suspension of a

20  registration.

21         (6)  PRIMARY SOURCE VERIFIED DATA.--Health care

22  entities and credentials verification organizations may rely

23  upon any data that has been primary source verified by the

24  department or its designee to meet primary source verification

25  requirements of national accrediting organizations.

26         (7)(6)  LIABILITY.--No civil, criminal, or

27  administrative action may be instituted, and there shall be no

28  liability, against any registered credentials verification

29  organization or health care entity on account of its reliance

30  on any data obtained directly from the department.

31

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  1         (8)(7)  LIABILITY INSURANCE REQUIREMENTS.--Each

  2  credentials verification organization doing business in this

  3  state shall maintain liability insurance appropriate to meet

  4  the certification or accreditation requirements established in

  5  this section.

  6         (9)(8)  RULES.--The department shall adopt rules

  7  necessary to develop and implement the standardized core

  8  credentials data collection program established by this

  9  section.

10         Section 22.  Section 240.4075, Florida Statutes, is

11  amended to read:

12         240.4075  Nursing Student Loan Forgiveness Program.--

13         (1)  To encourage qualified personnel to seek

14  employment in areas of this state in which critical nursing

15  shortages exist, there is established the Nursing Student Loan

16  Forgiveness Program.  The primary function of the program is

17  to increase employment and retention of registered nurses and

18  licensed practical nurses in nursing homes and hospitals in

19  the state and in state-operated medical and health care

20  facilities, public schools, birth centers, and federally

21  sponsored community health centers and teaching hospitals by

22  making repayments toward loans received by students from

23  federal or state programs or commercial lending institutions

24  for the support of postsecondary study in accredited or

25  approved nursing programs.

26         (2)  To be eligible, a candidate must have graduated

27  from an accredited or approved nursing program and have

28  received a Florida license as a licensed practical nurse or a

29  registered nurse or a Florida certificate as an advanced

30  registered nurse practitioner.

31

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  1         (3)  Only loans to pay the costs of tuition, books, and

  2  living expenses shall be covered, at an amount not to exceed

  3  $4,000 for each year of education towards the degree obtained.

  4         (4)  Receipt of funds pursuant to this program shall be

  5  contingent upon continued proof of employment in the

  6  designated facilities in this state. Loan principal payments

  7  shall be made by the Department of Health Education directly

  8  to the federal or state programs or commercial lending

  9  institutions holding the loan as follows:

10         (a)  Twenty-five percent of the loan principal and

11  accrued interest shall be retired after the first year of

12  nursing;

13         (b)  Fifty percent of the loan principal and accrued

14  interest shall be retired after the second year of nursing;

15         (c)  Seventy-five percent of the loan principal and

16  accrued interest shall be retired after the third year of

17  nursing; and

18         (d)  The remaining loan principal and accrued interest

19  shall be retired after the fourth year of nursing.

20

21  In no case may payment for any nurse exceed $4,000 in any

22  12-month period.

23         (5)  There is created the Nursing Student Loan

24  Forgiveness Trust Fund to be administered by the Department of

25  Health Education pursuant to this section and s. 240.4076 and

26  department rules.  The Comptroller shall authorize

27  expenditures from the trust fund upon receipt of vouchers

28  approved by the Department of Health Education. All moneys

29  collected from the private health care industry and other

30  private sources for the purposes of this section shall be

31  deposited into the Nursing Student Loan Forgiveness Trust

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  1  Fund. Any balance in the trust fund at the end of any fiscal

  2  year shall remain therein and shall be available for carrying

  3  out the purposes of this section and s. 240.4076.

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

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

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

  7  or renewal of nursing licensure. Revenues collected from the

  8  fee imposed in this subsection shall be deposited in the

  9  Nursing Student Loan Forgiveness Trust Fund of the Department

10  of Health Education and will be used solely for the purpose of

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

12  Up to 50 percent of the revenues appropriated to implement

13  this subsection may be used for the nursing scholarship

14  program established pursuant to s. 240.4076.

15         (7)(a)  Funds contained in the Nursing Student Loan

16  Forgiveness Trust Fund which are to be used for loan

17  forgiveness for those nurses employed by hospitals, birth

18  centers, and nursing homes must be matched on a

19  dollar-for-dollar basis by contributions from the employing

20  institutions, except that this provision shall not apply to

21  state-operated medical and health care facilities, public

22  schools, county health departments, federally sponsored

23  community health centers, or teaching hospitals as defined in

24  s. 408.07, family practice teaching hospitals as defined in s.

25  395.805, or specialty hospitals for children as used in s.

26  409.9119. If in any given fiscal quarter there are

27  insufficient funds in the trust fund to grant all eligible

28  applicant requests, awards shall be based on the following

29  priority of employer:  county health departments; federally

30  sponsored community health centers; state-operated medical and

31  health care facilities; public schools; teaching hospitals as

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  1  defined in s. 408.07; family practice teaching hospitals as

  2  defined in s. 395.805; specialty hospitals for children as

  3  used in s. 409.9119; and other hospitals, birth centers, and

  4  nursing homes.

  5         (b)  All Nursing Student Loan Forgiveness Trust Fund

  6  moneys shall be invested pursuant to s. 18.125.  Interest

  7  income accruing to that portion of the trust fund not matched

  8  shall increase the total funds available for loan forgiveness

  9  and scholarships. Pledged contributions shall not be eligible

10  for matching prior to the actual collection of the total

11  private contribution for the year.

12         (8)  The Department of Health Education may solicit

13  technical assistance relating to the conduct of this program

14  from the Department of Education Health.

15         (9)  The Department of Health Education is authorized

16  to recover from the Nursing Student Loan Forgiveness Trust

17  Fund its costs for administering the Nursing Student Loan

18  Forgiveness Program.

19         (10)  The Department of Health Education may adopt

20  rules necessary to administer this program.

21         (11)  This section shall be implemented only as

22  specifically funded.

23         Section 23.  Section 240.4076, Florida Statutes, is

24  amended to read:

25         240.4076  Nursing scholarship program.--

26         (1)  There is established within the Department of

27  Health Education a scholarship program for the purpose of

28  attracting capable and promising students to the nursing

29  profession.

30         (2)  A scholarship applicant shall be enrolled as a

31  full-time or part-time student in the upper division of an

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  1  approved nursing program leading to the award of a

  2  baccalaureate degree or graduate degree to qualify for a

  3  nursing faculty position or as an or any advanced registered

  4  nurse practitioner degree or be enrolled as a full-time or

  5  part-time student in an approved program leading to the award

  6  of an associate degree in nursing or a diploma in nursing.

  7         (3)  A scholarship may be awarded for no more than 2

  8  years, in an amount not to exceed $8,000 per year.  However,

  9  registered nurses pursuing a graduate degree for a faculty

10  position or to practice as an advanced registered nurse

11  practitioner degree may receive up to $12,000 per year.

12  Beginning July 1, 1998, these amounts shall be adjusted by the

13  amount of increase or decrease in the consumer price index for

14  urban consumers published by the United States Department of

15  Commerce.

16         (4)  Credit for repayment of a scholarship shall be as

17  follows:

18         (a)  For each full year of scholarship assistance, the

19  recipient agrees to work for 12 months in a faculty position

20  in a college of nursing or community college nursing program

21  in this state or at a health care facility in a medically

22  underserved area as approved by the Department of Health

23  Education. Scholarship recipients who attend school on a

24  part-time basis shall have their employment service obligation

25  prorated in proportion to the amount of scholarship payments

26  received.

27         (b)  Eligible health care facilities include nursing

28  homes and hospitals in this state, state-operated medical or

29  health care facilities, public schools, county health

30  departments, federally sponsored community health centers,

31  colleges of nursing in universities in this state, and

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  1  community college nursing programs in this state or teaching

  2  hospitals as defined in s. 408.07. The recipient shall be

  3  encouraged to complete the service obligation at a single

  4  employment site.  If continuous employment at the same site is

  5  not feasible, the recipient may apply to the department for a

  6  transfer to another approved health care facility.

  7         (c)  Any recipient who does not complete an appropriate

  8  program of studies or who does not become licensed shall repay

  9  to the Department of Health Education, on a schedule to be

10  determined by the department, the entire amount of the

11  scholarship plus 18 percent interest accruing from the date of

12  the scholarship payment. Moneys repaid shall be deposited into

13  the Nursing Student Loan Forgiveness Trust Fund established in

14  s. 240.4075.  However, the department may provide additional

15  time for repayment if the department finds that circumstances

16  beyond the control of the recipient caused or contributed to

17  the default.

18         (d)  Any recipient who does not accept employment as a

19  nurse at an approved health care facility or who does not

20  complete 12 months of approved employment for each year of

21  scholarship assistance received shall repay to the Department

22  of Health Education an amount equal to two times the entire

23  amount of the scholarship plus interest accruing from the date

24  of the scholarship payment at the maximum allowable interest

25  rate permitted by law.  Repayment shall be made within 1 year

26  of notice that the recipient is considered to be in default.

27  However, the department may provide additional time for

28  repayment if the department finds that circumstances beyond

29  the control of the recipient caused or contributed to the

30  default.

31

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  1         (5)  Scholarship payments shall be transmitted to the

  2  recipient upon receipt of documentation that the recipient is

  3  enrolled in an approved nursing program. The Department of

  4  Health Education shall develop a formula to prorate payments

  5  to scholarship recipients so as not to exceed the maximum

  6  amount per academic year.

  7         (6)  The Department of Health Education shall adopt

  8  rules, including rules to address extraordinary circumstances

  9  that may cause a recipient to default on either the school

10  enrollment or employment contractual agreement, to implement

11  this section and may solicit technical assistance relating to

12  the conduct of this program from the Department of Health.

13         (7)  The Department of Health Education is authorized

14  to recover from the Nursing Student Loan Forgiveness Trust

15  Fund its costs for administering the nursing scholarship

16  program.

17         Section 24.  All powers, duties, and functions, rules,

18  records, personnel, property, and unexpended balances of

19  appropriations, allocations, or other funds of the Department

20  of Education relating to the Nursing Student Loan Forgiveness

21  Program and the nursing scholarship program are transferred by

22  a type two transfer, as defined in s. 20.06(2), Florida

23  Statutes, to the Department of Health.

24         Section 25.  Subsection (11) is added to section

25  240.40201, Florida Statutes, to read:

26         240.40201  Florida Bright Futures Scholarship

27  Program.--

28         (11)  Students who enroll full time or part time in a

29  health care program that will lead to licensure in a

30  profession which has a shortage of practitioners shall be

31  given priority for a Florida Bright Futures Scholarship.

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  1         Section 26.  Effective July 1, 2003, section 464.005,

  2  Florida Statutes, is amended to read:

  3         464.005  Board headquarters.--The board shall maintain

  4  its official headquarters in Tallahassee the city in which it

  5  has been domiciled for the past 5 years.

  6         Section 27.  Subsections (1) and (2) of section

  7  464.008, Florida Statutes, are amended to read:

  8         464.008  Licensure by examination.--

  9         (1)  Any person desiring to be licensed as a registered

10  nurse or licensed practical nurse shall apply to the

11  department to take the licensure examination.  The department

12  shall examine each applicant who:

13         (a)  Has completed the application form and remitted a

14  fee set by the board not to exceed $150 and has remitted an

15  examination fee set by the board not to exceed $75 plus the

16  actual per applicant cost to the department for purchase of

17  the examination from the National Council of State Boards of

18  Nursing or a similar national organization.

19         (b)  Has provided sufficient information on or after

20  October 1, 1989, which must be submitted by the department for

21  a statewide criminal records correspondence check through the

22  Department of Law Enforcement.

23         (c)  Is in good mental and physical health, is a

24  recipient of a high school diploma or the equivalent, and has

25  completed the requirements for graduation from an approved

26  program, or its equivalent as determined by the board, for the

27  preparation of registered nurses or licensed practical nurses,

28  whichever is applicable.  Courses successfully completed in a

29  professional nursing program which are at least equivalent to

30  a practical nursing program may be used to satisfy the

31

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  1  education requirements for licensure as a licensed practical

  2  nurse.

  3         (d)  Has the ability to communicate in the English

  4  language, which may be determined by an examination given by

  5  the department.

  6         (2)  Each applicant who passes the examination and

  7  provides proof of meeting the educational requirements

  8  specified in subsection (1) graduation from an approved

  9  nursing program shall, unless denied pursuant to s. 464.018,

10  be entitled to licensure as a registered professional nurse or

11  a licensed practical nurse, whichever is applicable.

12         Section 28.  Section 464.009, Florida Statutes, is

13  amended to read:

14         464.009  Licensure by endorsement.--

15         (1)  The department shall issue the appropriate license

16  by endorsement to practice professional or practical nursing

17  to an applicant who, upon applying to the department and

18  remitting a fee set by the board not to exceed $100,

19  demonstrates to the board that he or she:

20         (a)  Holds a valid license to practice professional or

21  practical nursing in another state of the United States,

22  provided that, when the applicant secured his or her original

23  license, the requirements for licensure were substantially

24  equivalent to or more stringent than those existing in Florida

25  at that time; or

26         (b)  Meets the qualifications for licensure in s.

27  464.008 and has successfully completed a state, regional, or

28  national examination which is substantially equivalent to or

29  more stringent than the examination given by the department.

30         (2)  Such examinations and requirements from other

31  states shall be presumed to be substantially equivalent to or

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  1  more stringent than those in this state.  Such presumption

  2  shall not arise until January 1, 1980. However, the board may,

  3  by rule, specify states the examinations and requirements of

  4  which shall not be presumed to be substantially equivalent to

  5  those of this state.

  6         (3)  The applicant must submit to the department a set

  7  of fingerprints on a form and under procedures specified by

  8  the department, along with a payment in an amount equal to the

  9  costs incurred by the Department of Health for the criminal

10  background check of the applicant. The Department of Health

11  shall submit the fingerprints provided by the applicant to the

12  Florida Department of Law Enforcement for a statewide criminal

13  history check, and the Florida Department of Law Enforcement

14  shall forward the fingerprints to the Federal Bureau of

15  Investigation for a national criminal history check of the

16  applicant. The Department of Health shall review the results

17  of the criminal history check, issue a license to an applicant

18  who has met all of the other requirements for licensure and

19  has no criminal history, and shall refer all applicants with

20  criminal histories back to the board for determination as to

21  whether a license should be issued and under what conditions.

22         (4)(3)  The department shall not issue a license by

23  endorsement to any applicant who is under investigation in

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

25  this part or chapter 456 until such time as the investigation

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

27  apply.

28         (5)  The department shall develop an electronic

29  applicant notification process and provide electronic

30  notification when the application has been received and when

31  background screenings have been completed, and shall issue a

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  1  license within 30 days after completion of all required data

  2  collection and verification. This 30-day period to issue a

  3  license shall be tolled if the applicant must appear before

  4  the board due to information provided on the application or

  5  obtained through screening and data collection and

  6  verification procedures.

  7         Section 29.  Subsection (1) of section 464.0205,

  8  Florida Statutes, is amended to read:

  9         464.0205  Retired volunteer nurse certificate.--

10         (1)  Any retired practical or registered nurse desiring

11  to serve indigent, underserved, or critical need populations

12  in this state may apply to the department for a retired

13  volunteer nurse certificate by providing:

14         (a)  A complete application.

15         (b)  An application and processing fee of $25.

16         (b)(c)  Verification that the applicant had been

17  licensed to practice nursing in any jurisdiction in the United

18  States for at least 10 years, had retired or plans to retire,

19  intends to practice nursing only pursuant to the limitations

20  provided by the retired volunteer nurse certificate, and has

21  not committed any act that would constitute a violation under

22  s. 464.018(1).

23         (c)(d)  Proof that the applicant meets the requirements

24  for licensure under s. 464.008 or s. 464.009.

25         Section 30.  The Florida Legislature's Office of

26  Program Policy Analysis and Government Accountability shall

27  study the feasibility of maintaining the entire Medical

28  Quality Assurance function, including enforcement, within one

29  department, as recommended by the Auditor General in

30  Operational Report Number 01-063. The study shall be completed

31

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  1  and a report issued to the Legislature on or before November

  2  30, 2001.

  3         Section 31.  Effective October 1, 2001, section

  4  456.0375, Florida Statutes, is created to read:

  5         456.0375  Registration of certain clinics;

  6  requirements; discipline; exemptions.--

  7         (1)  As used in this section:

  8         (a)  "Clinic" means a single structure or facility, or

  9  group of adjacent structures or facilities, or portion of a

10  structure or facility, operating under the same business name

11  or management, at which health care services are provided to

12  individuals and which tenders charges for reimbursement for

13  such services unless otherwise licensed by the state pursuant

14  to chapter 383, chapter 390, chapter 394, chapter 395, chapter

15  397, chapter 400, chapter 463, chapter 465, chapter 466,

16  chapter 478, chapter 480, or chapter 484 or unless exempt from

17  federal taxation under 26 U.S.C. s. 501(c)(3).

18         (b)  "Health care services" means any service that may

19  only be performed by a licensed health care practitioner as

20  defined in s. 456.001(4).

21         (2)(a)  Clinics in which an entity or individual not

22  licensed under chapter 458, chapter 459, chapter 460, or

23  chapter 461 possesses an ownership interest must be registered

24  with the department. The clinic shall at all times maintain a

25  valid registration. Each clinic location shall be registered

26  separately even though operated under the same business name

27  or management. A registration is not transferable. For

28  purposes of determining registration requirements under this

29  paragraph, clinics owned by a physician licensed under chapter

30  458, chapter 459, chapter 460, or chapter 461 shall also

31  include those clinics owned jointly by the physician and the

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  1  physician's spouse, parent, or child, so long as the licensed

  2  physician is supervising the delivery of appropriate health

  3  care services performed in the clinic and is legally

  4  responsible for the clinic's compliance with all federal and

  5  state laws.

  6         (b)  The department shall adopt rules necessary to

  7  implement the registration program, including rules

  8  establishing the specific registration procedures, forms, and

  9  fees. Registration fees shall be reasonably calculated to

10  cover the cost of registration and be of such amount that the

11  total fees collected do not exceed the cost to administer and

12  enforce compliance with this section. Registration may be

13  conducted electronically. Registration requirements shall

14  include the following:

15         1.  The clinic shall file the registration form with

16  the department within 60 days after the effective date of this

17  act or prior to the inception of operation. The registration

18  shall expire automatically 2 years after the date of issuance

19  and must be renewed biennially thereafter.

20         2.  The registration form shall contain the name,

21  residence and business address, phone number, and license

22  number of the medical director for the clinic.

23         3.  The clinic shall display the registration

24  certificate in a conspicuous location within the clinic,

25  readily visible to all patients.

26         (3)(a)  Every clinic owned by an individual other than

27  a fully licensed physician or owned by an entity other than a

28  professional corporation or limited liability company composed

29  only of fully licensed physicians must employ or contract with

30  a physician maintaining a full and unencumbered physician

31

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  1  license in accordance with chapter 458, chapter 459, chapter

  2  460, or chapter 461 to serve as the medical director.

  3         (b)  The medical director must agree in writing to

  4  accept legal responsibility for supervising the delivery of

  5  appropriate health care services and supplies. The medical

  6  director shall:

  7         1.  Have signs identifying the medical director posted

  8  in a conspicuous location within the clinic readily visible to

  9  all patients.

10         2.  Ensure that all practitioners providing health care

11  services or supplies to patients maintain a current active and

12  unencumbered Florida license.

13         3.  Review any patient referral contracts or agreements

14  executed by the clinic.

15         4.  Ensure that all health care practitioners at the

16  clinic have active appropriate certification or licensure for

17  the level of care being provided.

18         5.  Serve as the clinic records owner as defined in s.

19  456.057.

20         6.  Comply with medical recordkeeping, office surgery,

21  and adverse incident reporting requirements of this chapter,

22  the respective practice acts, and rules promulgated

23  thereunder.

24         7.  Conduct systematic reviews of clinic billings to

25  ensure that the billings are not fraudulent or unlawful. Upon

26  discovery of an unlawful charge, the medical director must

27  take immediate corrective action.

28         (c)  Any contract to serve as a medical director

29  entered into or renewed by a physician in violation of this

30  section shall be void as contrary to public policy. This

31

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  1  section shall apply to contracts entered into or renewed on or

  2  after October 1, 2001.

  3         (d)  The department, in consultation with the boards,

  4  shall adopt rules specifying limitations on the number of

  5  registered clinics and licensees for which a medical director

  6  may assume responsibility for purposes of this section. In

  7  determining the quality of supervision a medical director can

  8  provide, the department shall consider the number of clinic

  9  employees, the clinic's location, and the types of services

10  provided by the clinic.

11         (4)(a)  All charges or reimbursement claims made by or

12  on behalf of a clinic required to be registered under this

13  section for services rendered when not registered in violation

14  of this section are unlawful charges and therefore

15  noncompensable and unenforceable.

16         (b)  Any person establishing, operating, or managing an

17  unregistered clinic otherwise required to be registered under

18  this section commits a felony of the third degree, punishable

19  as provided in s. 775.082, s. 775.083, or s. 775.084, in

20  accordance with s. 456.065.

21         (c)  Any licensed health care practitioner violating

22  the provisions of this section shall be subject to discipline

23  in accordance with this chapter and the respective practice

24  act.

25         (d)  The department shall revoke the registration of

26  any clinic registered under this section for operating in

27  violation of the requirements of this section or the rules

28  adopted by the department.

29         (e)  The department shall investigate allegations of

30  noncompliance with this section and the rules promulgated

31  pursuant to this section.

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  1         Section 32.  The sum of $100,000 is appropriated from

  2  the registration fees collected from clinics pursuant to s.

  3  456.0375, Florida Statutes, and one-half of one full-time

  4  equivalent position is authorized, to the Department of Health

  5  for the purposes of regulating medical clinics pursuant to s.

  6  456.0375, Florida Statutes. The appropriated funds shall be

  7  deposited into the Medical Quality Assurance Trust Fund.

  8         Section 33.  Subsection (3) of section 456.031, Florida

  9  Statutes, is amended to read:

10         456.031  Requirement for instruction on domestic

11  violence.--

12         (3)(a)  In lieu of completing a course as required in

13  subsection (1), a licensee or certificateholder may complete a

14  course in end-of-life care and palliative health care, if the

15  licensee or certificateholder has completed an approved

16  domestic violence course in the immediately preceding

17  biennium.

18         (b)  In lieu of completing a course as required by

19  subsection (1), a licensee under chapter 466 may complete a

20  course designated by the Board of Dentistry if the licensee

21  has completed an approved domestic violence course in the

22  immediately preceding biennium.

23         Section 34.  Subsection (9) of section 456.033, Florida

24  Statutes, is amended to read:

25         456.033  Requirement for instruction for certain

26  licensees on human immunodeficiency virus and acquired immune

27  deficiency syndrome.--

28         (9)(a)  In lieu of completing a course as required in

29  subsection (1), the licensee may complete a course in

30  end-of-life care and palliative health care, so long as the

31

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  1  licensee completed an approved AIDS/HIV course in the

  2  immediately preceding biennium.

  3         (b)  In lieu of completing a course as required by

  4  subsection (1), a licensee under chapter 466 may complete a

  5  course approved by the Board of Dentistry, so long as the

  6  licensee completed an approved AIDS/HIV course in the

  7  immediately preceding biennium.

  8         Section 35.  Paragraph (c) of subsection (6) of section

  9  468.302, Florida Statutes, is amended to read:

10         468.302  Use of radiation; identification of certified

11  persons; limitations; exceptions.--

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

13         (c)  A person who is trained and skilled in

14  cardiovascular cardiopulmonary technology and who provides

15  cardiovascular cardiopulmonary technology services at the

16  direction, and under the direct supervision, of a licensed

17  practitioner.

18         Section 36.  Subsections (8) and (9) of section

19  468.352, Florida Statutes, are amended to read:

20         468.352  Definitions.--As used in this part, unless the

21  context otherwise requires, the term:

22         (8)  "Registered respiratory therapist" means any

23  person licensed pursuant to this part who is employed to

24  deliver respiratory care services under the order of a

25  physician licensed pursuant to chapter 458 or chapter 459, and

26  in accordance with protocols established by a hospital, other

27  health care provider, or the board, and who functions in

28  situations of unsupervised patient contact requiring

29  individual judgment.

30         (9)  "Certified respiratory therapist" or "respiratory

31  care practitioner" means any person licensed pursuant to this

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  1  part who is employed to deliver respiratory care services

  2  under the order of a physician licensed pursuant to chapter

  3  458 or chapter 459, and in accordance with protocols

  4  established by a hospital, other health care provider, or the

  5  board.

  6         Section 37.  Subsections (1) and (2) of section

  7  468.355, Florida Statutes, are amended to read:

  8         468.355  Eligibility for licensure; temporary

  9  licensure.--

10         (1)  To be eligible for licensure by the board as a

11  certified respiratory therapist respiratory care practitioner,

12  an applicant must:

13         (a)  Be at least 18 years old.

14         (b)  Possess a high school diploma or a graduate

15  equivalency diploma.

16         (c)  Meet at least one of the following criteria:

17         1.  The applicant has successfully completed a training

18  program for respiratory therapy technicians or respiratory

19  therapists approved by the Commission on Accreditation of

20  Allied Health Education Programs, or the equivalent thereof,

21  as accepted by the board.

22         2.  The applicant is currently a "Certified Respiratory

23  Therapist Therapy Technician" certified by the National Board

24  for Respiratory Care, or the equivalent thereof, as accepted

25  by the board.

26         3.  The applicant is currently a "Registered

27  Respiratory Therapist" registered by the National Board for

28  Respiratory Care, or the equivalent thereof, as accepted by

29  the board.

30

31

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  1  The criteria set forth in subparagraphs 2. and 3.

  2  notwithstanding, the board shall periodically review the

  3  examinations and standards of the National Board for

  4  Respiratory Care and may reject those examinations and

  5  standards if they are deemed inappropriate.

  6         (2)  To be eligible for licensure by the board as a

  7  registered respiratory therapist, an applicant must:

  8         (a)  Be at least 18 years old.

  9         (b)  Possess a high school diploma or a graduate

10  equivalency diploma.

11         (c)  Meet at least one of the following criteria:

12         1.  The applicant has successfully completed a training

13  program for registered respiratory therapists approved by the

14  Commission on Accreditation of Allied Health Education

15  Programs, or the equivalent thereof, as accepted by the board.

16         2.  The applicant is currently a "Registered

17  Respiratory Therapist" registered by the National Board for

18  Respiratory Care, or the equivalent thereof, as accepted by

19  the board.

20

21  The criteria set forth in subparagraphs 1. and 2.

22  notwithstanding, the board shall periodically review the

23  examinations and standards of the National Board for

24  Respiratory Care and may reject those examinations and

25  standards if they are deemed inappropriate.

26         Section 38.  Section 468.357, Florida Statutes, is

27  amended to read:

28         468.357  Licensure by examination.--

29         (1)  A person who desires to be licensed as a certified

30  respiratory therapist respiratory care practitioner may submit

31

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  1  an application to take the examination, in accordance with

  2  board rule.

  3         (a)  Each applicant may take the examination who is

  4  determined by the board to have:

  5         1.  Completed the application form and remitted the

  6  applicable fee set by the board;

  7         2.  Submitted required documentation as required in s.

  8  468.355; and

  9         3.  Remitted an examination fee set by the examination

10  provider.

11         (b)  Examinations for licensure of certified

12  respiratory therapist respiratory care practitioners must be

13  conducted no less than two times a year in such geographical

14  locations or by such methods as are deemed advantageous to the

15  majority of the applicants.

16         (c)  The examination given for certified respiratory

17  therapist respiratory care practitioners shall be the same as

18  that given by the National Board for Respiratory Care for

19  entry-level certification of respiratory therapists therapy

20  technicians.  However, an equivalent examination may be

21  accepted by the board in lieu of that examination.

22         (2)  Each applicant who passes the examination shall be

23  entitled to licensure as a certified respiratory therapist

24  respiratory care practitioner, and the department shall issue

25  a license pursuant to this part to any applicant who

26  successfully completes the examination in accordance with this

27  section.  However, the department shall not issue a license to

28  any applicant who is under investigation in another

29  jurisdiction for an offense which would constitute a violation

30  of this part. Upon completion of such an investigation, if the

31

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  1  applicant is found guilty of such an offense, the applicable

  2  provisions of s. 468.365 will apply.

  3         Section 39.  Subsections (1) and (2) of section

  4  468.358, Florida Statutes, are amended to read:

  5         468.358  Licensure by endorsement.--

  6         (1)  Licensure as a certified respiratory therapist

  7  respiratory care practitioner shall be granted by endorsement

  8  to an individual who holds the "Certified Respiratory

  9  Therapist Therapy Technician" credential issued by the

10  National Board for Respiratory Care or an equivalent

11  credential acceptable to the board. Licensure by this

12  mechanism requires verification by oath and submission of

13  evidence satisfactory to the board that such credential is

14  held.

15         (2)  Licensure as a registered respiratory therapist

16  shall be granted by endorsement to an individual who holds the

17  "Registered Respiratory Therapist" credential issued by the

18  National Board for Respiratory Care or an equivalent

19  credential acceptable to the board. Licensure by this

20  mechanism requires verification by oath and submission of

21  evidence satisfactory to the board that such credential is

22  held.

23         Section 40.  Section 468.359, Florida Statutes, is

24  amended to read:

25         468.359  Assumption of title and use of

26  abbreviations.--

27         (1)  Only persons who are licensed pursuant to this

28  part as respiratory care practitioners have the right to use

29  the title "Respiratory Care Practitioner" and the abbreviation

30  "RCP."

31

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  1         (2)  Only persons who are licensed pursuant to this

  2  part as registered respiratory therapists have the right to

  3  use the title "Registered Respiratory Therapist" and the

  4  abbreviation "RRT.," provided such persons have passed the

  5  Registry Examination for Respiratory Therapists given by the

  6  National Board for Respiratory Care.

  7         (3)  Only persons who are licensed pursuant to this

  8  part as certified respiratory therapists have the right to use

  9  the title "Certified Respiratory Therapist" and the

10  abbreviation "CRT." graduates of board-approved programs for

11  respiratory care practitioners may use the term "Graduate

12  Respiratory Therapy Technician" and the abbreviation "GRTT."

13         (4)  Only persons who are graduates of board-approved

14  programs for respiratory therapists may use the term "Graduate

15  Respiratory Therapist" and the abbreviation "GRT."

16         (4)(5)  No person in this state shall deliver

17  respiratory care services; advertise as, or assume the title

18  of, respiratory care practitioner, certified respiratory

19  therapist, or registered respiratory therapist; or use the

20  abbreviation "RCP," "CRT," or "RRT"; or take any other action

21  that would lead the public to believe that such person is

22  licensed pursuant to this part unless such person is so

23  licensed.

24         Section 41.  Paragraph (b) of subsection (2), paragraph

25  (b) of subsection (3), and subsection (4) of section 468.1155,

26  Florida Statutes, are amended to read:

27         468.1155  Provisional license; requirements.--

28         (2)  The department shall issue a provisional license

29  to practice speech-language pathology to each applicant who

30  the board certifies has:

31

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  1         (b)  Received a master's degree or doctoral degree with

  2  a major emphasis in speech-language pathology from an

  3  institution of higher learning which, at the time the

  4  applicant was enrolled and graduated, was accredited by an

  5  accrediting agency recognized by the Council for Higher

  6  Education Commission on Recognition of Postsecondary

  7  Accreditation or from an institution which is publicly

  8  recognized as a member in good standing with the Association

  9  of Universities and Colleges of Canada.  An applicant who

10  graduated from a program at a university or college outside

11  the United States or Canada must present documentation of the

12  determination of equivalency to standards established by the

13  Council for Higher Education Commission on Recognition of

14  Postsecondary Accreditation in order to qualify.  The

15  applicant must have completed 60 semester hours that include:

16         1.  Fundamental information applicable to the normal

17  development and use of speech, hearing, and language;

18  information about training in management of speech, hearing,

19  and language disorders; and information supplementary to these

20  fields.

21         2.  Six semester hours in audiology.

22         3.  Thirty of the required 60 semester hours in courses

23  acceptable toward a graduate degree by the college or

24  university in which these courses were taken, of which 24

25  semester hours must be in speech-language pathology.

26         (3)  The department shall issue a provisional license

27  to practice audiology to each applicant who the board

28  certifies has:

29         (b)  Received a master's degree or doctoral degree with

30  a major emphasis in audiology from an institution of higher

31  learning which at the time the applicant was enrolled and

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  1  graduated was accredited by an accrediting agency recognized

  2  by the Council for Higher Education Commission on Recognition

  3  of Postsecondary Accreditation or from an institution which is

  4  publicly recognized as a member in good standing with the

  5  Association of Universities and Colleges of Canada. An

  6  applicant who graduated from a program at a university or

  7  college outside the United States or Canada must present

  8  documentation of the determination of equivalency to standards

  9  established by the Council for Higher Education Commission on

10  Recognition of Postsecondary Accreditation in order to

11  qualify.  The applicant must have completed 60 semester hours

12  that include:

13         1.  Fundamental information applicable to the normal

14  development and use of speech, hearing, and language;

15  information about training in management of speech, hearing,

16  and language disorders; and information supplementary to these

17  fields.

18         2.  Six semester hours in speech-language pathology.

19         3.  Thirty of the required 60 semester hours in courses

20  acceptable toward a graduate degree by the college or

21  university in which these courses were taken, of which 24

22  semester hours must be in audiology.

23         (4)  An applicant for a provisional license who has

24  received a master's degree or doctoral degree with a major

25  emphasis in speech-language pathology as provided in

26  subsection (2), or audiology as provided in subsection (3),

27  and who seeks licensure in the area in which the applicant is

28  not currently licensed, must have completed 30 semester hours

29  in courses acceptable toward a graduate degree and 200

30  supervised clinical clock hours in the second discipline from

31  an accredited institution.

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  1         Section 42.  Paragraph (b) of subsection (1) and

  2  paragraph (b) of subsection (2) of section 468.1215, Florida

  3  Statutes, are amended to read:

  4         468.1215  Speech-language pathology assistant and

  5  audiology assistant; certification.--

  6         (1)  The department shall issue a certificate as a

  7  speech-language pathology assistant to each applicant who the

  8  board certifies has:

  9         (b)  Earned a bachelor's degree from a college or

10  university accredited by a regional association of colleges

11  and schools recognized by the Department of Education which

12  includes at least 24 semester hours of coursework as approved

13  by the board at an institution accredited by an accrediting

14  agency recognized by the Council for Higher Education

15  Commission on Recognition of Postsecondary Accreditation.

16         (2)  The department shall issue a certificate as an

17  audiology assistant to each applicant who the board certifies

18  has:

19         (b)  Completed at least 24 semester hours of coursework

20  as approved by the board at an institution accredited by an

21  accrediting agency recognized by the Council for Higher

22  Education Commission on Recognition of Postsecondary

23  Accreditation.

24         Section 43.  Subsection (3) of section 480.033, Florida

25  Statutes, is amended to read:

26         480.033  Definitions.--As used in this act:

27         (3)  "Massage" means the manipulation of the soft

28  superficial tissues of the human body with the hand, foot,

29  arm, or elbow, whether or not such manipulation is aided by

30  hydrotherapy, including colonic irrigation, or thermal

31  therapy; any electrical or mechanical device; or the

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  1  application to the human body of a chemical or herbal

  2  preparation.

  3         Section 44.  Subsection (1) of section 490.012, Florida

  4  Statutes, is amended to read:

  5         490.012  Violations; penalties; injunction.--

  6         (1)(a)  No person shall hold herself or himself out by

  7  any professional title or description incorporating the words

  8  "psychologist" or "psychological," or any permutation thereof,

  9  unless such person holds a valid license under this chapter.

10         (b)  No person shall hold herself or himself out by any

11  professional title or description incorporating the words

12  "school psychologist," or any permutation thereof, unless such

13  person holds a valid license as a school psychologist under

14  this chapter or is certified as a school psychologist by the

15  Department of Education. Certified school psychologists may

16  use the title or description "school psychologist," or any

17  permutation thereof, only for their work while employed within

18  a school system.

19         (c)(a)  No person shall present any work product hold

20  herself or himself out by any title or description

21  incorporating the words, or permutations of them,

22  "psychologist," "psychology," "psychological," or

23  "psychodiagnostic," or any permutation thereof, "school

24  psychologist," or describe any test or report as

25  psychological, unless such person holds a valid, active

26  license under this chapter or is exempt from the provisions of

27  this chapter.

28         (d)(b)  No person shall hold herself or himself out by

29  any title or description incorporating the word, or a

30  permutation of the word, "psychotherapy," or any permutation

31  thereof, unless such person holds a valid, active license

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  1  under chapter 458, chapter 459, chapter 490, or chapter 491,

  2  or such person is certified as an advanced registered nurse

  3  practitioner, pursuant to s. 464.012, who has been determined

  4  by the Board of Nursing as a specialist in psychiatric mental

  5  health.

  6         (e)(c)  No person licensed or provisionally licensed

  7  pursuant to this chapter shall hold herself or himself out by

  8  any title or description which indicates licensure other than

  9  that which has been granted to her or him.

10         (4)  Any person who violates any provision of this

11  section, except for subsections (2) and (3), commits a

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

13  775.082 or s. 775.083.  Any person who violates any provision

14  of subsection (2) or subsection (3) is subject to disciplinary

15  action under s. 490.009.

16         Section 45.  Section 490.014, Florida Statutes, is

17  amended to read:

18         490.014  Exemptions.--

19         (1)(a)  No provision of this chapter shall be construed

20  to limit the practice of physicians licensed pursuant to

21  chapter 458 or chapter 459 so long as they do not hold

22  themselves out to the public as psychologists or use a

23  professional title protected by this chapter.

24         (b)  No provision of this chapter shall be construed to

25  limit the practice of nursing, clinical social work, marriage

26  and family therapy, mental health counseling, or other

27  recognized businesses or professions, or to prevent qualified

28  members of other professions from doing work of a nature

29  consistent with their training, so long as they do not hold

30  themselves out to the public as psychologists or use a title

31  or description protected by this chapter.  Nothing in this

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  1  subsection shall be construed to exempt any person from the

  2  provisions of s. 490.012.

  3         (2)  No person shall be required to be licensed or

  4  provisionally licensed under this chapter who:

  5         (a)  Is a salaried employee of a government agency;

  6  developmental services program, mental health, alcohol, or

  7  drug abuse facility operating pursuant to chapter 393, chapter

  8  394, or chapter 397; subsidized child care program, subsidized

  9  child care case management program, or child care resource and

10  referral program operating pursuant to chapter 402;

11  child-placing or child-caring agency licensed pursuant to

12  chapter 409; domestic violence center certified pursuant to

13  chapter 39; accredited academic institution; or research

14  institution, if such employee is performing duties for which

15  he or she was trained and hired solely within the confines of

16  such agency, facility, or institution, so long as they do not

17  hold themselves out to the public as psychologists or use a

18  title or description protected by this chapter.

19         (b)  Is a salaried employee of a private, nonprofit

20  organization providing counseling services to children, youth,

21  and families, if such services are provided for no charge, if

22  such employee is performing duties for which he or she was

23  trained and hired, so long as they do not hold themselves out

24  to the public as psychologists or use a title or description

25  protected by this chapter.

26         (c)  Is a student who is pursuing a course of study

27  which leads to a degree in medicine or a profession regulated

28  by this chapter who is providing services in a training

29  setting, provided such activities or services constitute part

30  of a supervised course of study, or is a graduate accumulating

31  the experience required for any licensure under this chapter,

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  1  provided such graduate or student is designated by a title

  2  such as "intern" or "trainee" which clearly indicates the

  3  in-training status of the student.

  4         (d)  Is certified in school psychology by the

  5  Department of Education and is performing psychological

  6  services as an employee of a public or private educational

  7  institution.  Such exemption shall not be construed to

  8  authorize any unlicensed practice which is not performed as a

  9  direct employee of an educational institution.

10         (e)  Is not a resident of the state but offers services

11  in this state, provided:

12         1.  Such services are performed for no more than 5 days

13  in any month and no more than 15 days in any calendar year;

14  and

15         2.  Such nonresident is licensed or certified by a

16  state or territory of the United States, or by a foreign

17  country or province, the standards of which were, at the date

18  of his or her licensure or certification, equivalent to or

19  higher than the requirements of this chapter in the opinion of

20  the department or, in the case of psychologists, in the

21  opinion of the board.

22         (f)  Is a rabbi, priest, minister, or member of the

23  clergy of any religious denomination or sect when engaging in

24  activities which are within the scope of the performance of

25  his or her regular or specialized ministerial duties and for

26  which no separate charge is made, or when such activities are

27  performed, with or without charge, for or under the auspices

28  or sponsorship, individually or in conjunction with others, of

29  an established and legally cognizable church, denomination, or

30  sect, and when the person rendering service remains

31  accountable to the established authority thereof.

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

  2  limit the practice of any individual who solely engages in

  3  behavior analysis pursuant to s. 393.17 and rule 65B-4,

  4  Florida Administrative Code, so long as he or she does not

  5  hold himself or herself out to the public as possessing a

  6  license issued pursuant to this chapter or use a title or

  7  description protected by this chapter.

  8         (4)  Nothing in this section shall exempt any person

  9  from the provisions provision of s. 490.012(1)(a)-(d)(a)-(b).

10         (5)  Except as stipulated by the board, the exemptions

11  contained in this section do not apply to any person licensed

12  under this chapter whose license has been suspended or revoked

13  by the board or another jurisdiction.

14         Section 46.  Paragraphs (i), (j), and (k) of subsection

15  (1) of section 491.012, Florida Statutes, are amended to read:

16         491.012  Violations; penalty; injunction.--

17         (1)  It is unlawful and a violation of this chapter for

18  any person to:

19         (i)  Practice clinical social work in this state, as

20  the practice is defined in s. 491.003(7), for compensation,

21  unless the person holds a valid, active license to practice

22  clinical social work issued pursuant to this chapter or is an

23  intern registered pursuant to s. 491.0045.

24         (j)  Practice marriage and family therapy in this

25  state, as the practice is defined in s. 491.003(8), for

26  compensation, unless the person holds a valid, active license

27  to practice marriage and family therapy issued pursuant to

28  this chapter or is an intern registered pursuant to s.

29  491.0045.

30         (k)  Practice mental health counseling in this state,

31  as the practice is defined in s. 491.003(9), for compensation,

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  1  unless the person holds a valid, active license to practice

  2  mental health counseling issued pursuant to this chapter or is

  3  an intern registered pursuant to s. 491.0045.

  4         Section 47.  The Department of Health and the

  5  Department of Insurance shall establish a joint investigative

  6  and prosecutorial unit for the purpose of identifying health

  7  care fraud and ensuring that civil, criminal, and

  8  administrative penalties are imposed against all persons and

  9  entities committing fraud in the practice of a health care

10  profession. This unit shall be in addition to those offices

11  within the Agency for Health Care Administration and the

12  Department of Legal Affairs that investigate and prosecute

13  Medicaid fraud. All state agencies involved in the regulation

14  of health care practitioners, providers, and payors shall

15  coordinate investigations and are specifically permitted to

16  share confidential information with each other for the purpose

17  of investigating and prosecuting health care fraud. However,

18  all agencies shall maintain the confidentiality of information

19  if the information was confidential pursuant to law in the

20  originating agency's possession.

21         Section 48.  Except as otherwise provided herein, this

22  act shall take effect July 1, 2001.

23

24

25

26

27

28

29

30

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions relating to hospital and ambulatory
  4    surgical center risk management programs. Requires
      ongoing evaluation of surgical procedures and protocols.
  5    Provides a penalty for intimidation or coercion of a risk
      manager. Requires the Agency for Health Care
  6    Administration, the Department of Health, and the
      regulatory boards to publish adverse incident information
  7    on websites. Adds two health care practitioners to the
      Health Care Risk Management Advisory Board. Provides a
  8    professional education requirement relating to prevention
      of medical errors. Provides additional grounds for
  9    disciplinary action against a health care practitioner.
      Provides additional penalties. Requires assessment of
10    costs related to disciplinary investigations and
      prosecutions. Requires certain notice to the patient or
11    complainant regarding a disciplinary case. Requires
      certain facility and practitioner reporting of sexual
12    misconduct allegations. Provides additional ground for
      disciplinary action against a nursing home administrator.
13    Limits financial information the agency may require to
      determine hospital assessments. Requires certain
14    pharmacies using pharmacy technicians to have a policy
      and procedures manual. Requires the department and agency
15    to review facility and practitioner reporting
      requirements and report to the Legislature. Provides that
16    a continuous quality improvement committee of a licensed
      pharmacy is a medical review committee for purposes of
17    immunity from liability.

18
      Revises provisions relating to health care practitioner
19    credentialing. Provides additional legislative intent.
      Revises and provides definitions. Revises duties of the
20    Department of Health relating to file maintenance.
      Provides that primary source data verified by the
21    department or its designee may be relied upon to meet
      accreditation purposes.
22

23    Transfers the Nursing Student Loan Forgiveness Program
      from the Department of Education to the Department of
24    Health. Includes public schools, family practice teaching
      hospitals, and specialty hospitals for children as
25    eligible facilities under the program. Exempts such
      facilities from the fund-matching requirements of the
26    program. Transfers the nursing scholarship program from
      the Department of Education to the Department of Health.
27    Provides requirements under the program for students
      seeking to qualify for a nursing faculty position and
28    receive credit for work in such a position. Includes
      nursing homes, hospitals, public schools, colleges of
29    nursing, and community college nursing programs as
      eligible facilities under the program. Transfers powers,
30    duties, functions, rules, records, personnel, property,
      and appropriations and other funds relating to the
31    Nursing Student Loan Forgiveness Program and the nursing
      scholarship program from the Department of Education to
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  1    the Department of Health. Grants certain students
      priority in receiving a Florida Bright Futures
  2    Scholarship. Provides for future relocation of the
      headquarters of the Board of Nursing. Revises education
  3    requirements for nursing licensure by examination.
      Revises requirements for nursing licensure by
  4    endorsement. Requires submission of fingerprints for a
      criminal history check and a fee to cover the costs of
  5    such check. Provides for an electronic applicant
      notification process. Deletes the application and
  6    processing fee for applicants for a retired volunteer
      nurse certificate.
  7

  8    Requires study by Office of Program Policy Analysis and
      Government Accountability of the feasibility of
  9    maintaining all of Medical Quality Assurance in one state
      agency. Requires registration of certain clinics and
10    provides requirements therefor. Requires medical
      directors for such clinics and provides their duties and
11    responsibilities. Provides alternatives by which dental
      licensees may comply with general requirements that they
12    take domestic violence courses and AIDS/HIV education
      courses. Corrects terminology in a provision relating to
13    exemption from certification to use radiation on human
      beings. Revises definitions and provisions relating to
14    licensure and use of titles and abbreviations to correct
      and conform terminology with respect to respiratory
15    therapists and respiratory care practitioners. Revises
      accreditation provisions applicable to licensure to
16    practice speech-language pathology or audiology and
      certification of speech-language pathology or audiology
17    assistants. Corrects terminology in the definition of
      "massage." Prohibits the use of certain titles or
18    descriptions relating to the practice of psychology or
      school psychology unless properly licensed. Revises
19    exemptions from regulation under ch. 490, F.S., relating
      to psychology. Revises prohibitions against unlicensed
20    practice of clinical social work, marriage and family
      therapy, and mental health counseling to provide that
21    practice by registered interns is lawful. Requires the
      Department of Health and the Department of Insurance to
22    establish a joint investigative and prosecutorial unit
      for health care fraud. Requires all state agencies
23    involved in the regulation of health care practitioners,
      providers, and payors to coordinate their investigations
24    and share confidential information for the purpose of
      investigating and prosecuting health care fraud and
25    preserves the confidentiality of such information.

26
      See bill for details.
27

28

29

30

31

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