House Bill hb1895c1

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    Florida House of Representatives - 2001             CS/HB 1895

        By the Council for Healthy Communities and Committee on
    Health Regulation and Representative Farkas





  1                      A bill to be entitled

  2         An act relating to health care regulation;

  3         amending s. 483.245, F.S.; prohibiting rebate

  4         or split-fee arrangements with dialysis

  5         facilities for patient referrals to clinical

  6         laboratories; providing penalties; amending s.

  7         381.6021, F.S.; prohibiting rules that

  8         establish standards and guidelines for organ

  9         and tissue procurement from allowing the

10         pooling of human cells or tissue; amending s.

11         395.0197, F.S.; revising provisions relating to

12         hospital and ambulatory surgical center

13         internal risk management programs; modifying

14         requirements for risk management and prevention

15         education and training; restricting

16         participation of unlicensed persons in surgical

17         procedures; requiring ongoing evaluation of

18         surgical procedures and protocols; eliminating

19         an annual report summarizing facility incident

20         reports and disciplinary actions; requiring the

21         Agency for Health Care Administration to

22         publish website summaries of adverse incident

23         reports; requiring facility reporting of

24         allegations of sexual misconduct by health care

25         practitioners; providing certain civil

26         liability for licensed risk managers;

27         prohibiting intimidation of a risk manager;

28         providing a penalty; amending s. 395.10972,

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

30         Risk Management Advisory Council; amending s.

31         395.701, F.S.; limiting the financial

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  1         information the agency may require to determine

  2         the amount of hospital annual assessments;

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

  4         professional continuing education requirement

  5         relating to prevention of medical errors;

  6         amending s. 456.057, F.S.; providing for

  7         appointment of a records custodian under

  8         certain circumstances; amending s. 456.063,

  9         F.S.; requiring licensed health care

10         practitioners to report to the Department of

11         Health any allegations of sexual misconduct;

12         amending s. 456.072, F.S.; providing additional

13         grounds for disciplinary actions; clarifying a

14         penalty involving restriction of professional

15         practice or license; providing additional

16         penalties; requiring assessment of costs

17         related to investigation and prosecution;

18         amending s. 456.073, F.S.; requiring the

19         Department of Health to notify the patient or

20         legal representative of the status of a

21         disciplinary case; requiring the department to

22         provide certain information to the complainant;

23         providing time limitations on the filing of

24         administrative complaints against licensees of

25         the department; amending s. 456.074, F.S.;

26         providing for an emergency order suspending the

27         license of any practitioner for fraud; amending

28         s. 456.077, F.S.; specifying violations for

29         which the Department of Health or a regulatory

30         board may issue citations; amending s. 456.081,

31         F.S.; requiring the Department of Health and

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  1         regulatory boards to maintain a website

  2         containing specified information; creating s.

  3         458.3147, F.S.; providing automatic eligibility

  4         for admission to any medical school in the

  5         State University System for military academy

  6         students or graduates who qualify for the

  7         Medical Corps of the United States military;

  8         providing for waiver or refund of application

  9         fees; amending ss. 458.331 and 459.015, F.S.;

10         conforming language and cross references to

11         changes made by the act; amending ss. 465.019

12         and 465.0196, F.S.; requiring institutional

13         pharmacies and special pharmacy permittees that

14         use pharmacy technicians to have a written

15         policy and procedures manual; directing the

16         Department of Health and the Agency for Health

17         Care Administration to review health care

18         practitioner and facility reporting

19         requirements; requiring a report to the

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

21         providing an additional ground for disciplinary

22         action against a nursing home administrator;

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

24         to incorporate said amendment in references;

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

26         disciplinary action against hearing aid

27         specialists, to incorporate the amendment to s.

28         456.072(1), in a reference; amending s.

29         766.101, F.S.; providing that a continuous

30         quality improvement committee of a licensed

31         pharmacy is a medical review committee for

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  1         purposes of immunity from liability, and

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

  3         F.S., to incorporate said amendment in

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

  5         conforming language and cross references to

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

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

  8         definitions; revising duties of the Department

  9         of Health relating to file maintenance;

10         providing that primary source data verified by

11         the department or its designee may be relied

12         upon to meet accreditation purposes; amending

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

14         Student Loan Forgiveness Program from the

15         Department of Education to the Department of

16         Health; including public schools, family

17         practice teaching hospitals, and specialty

18         hospitals for children as eligible facilities

19         under the program; exempting such facilities

20         from the fund-matching requirements of the

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

22         transferring the nursing scholarship program

23         from the Department of Education to the

24         Department of Health; providing requirements

25         under the program for students seeking to

26         qualify for a nursing faculty position and

27         receive credit for work in such a position;

28         including nursing homes, hospitals, public

29         schools, colleges of nursing, and community

30         college nursing programs as eligible facilities

31         under the program; transferring powers, duties,

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  1         functions, rules, records, personnel, property,

  2         and appropriations and other funds relating to

  3         the Nursing Student Loan Forgiveness Program

  4         and the nursing scholarship program from the

  5         Department of Education to the Department of

  6         Health; amending s. 464.005, F.S.; providing

  7         for future relocation of the headquarters of

  8         the Board of Nursing; amending s. 464.008,

  9         F.S.; revising education requirements for

10         licensure by examination; amending s. 464.009,

11         F.S.; revising requirements for licensure by

12         endorsement; requiring submission of

13         fingerprints for a criminal history check and a

14         fee to cover the costs of such check; providing

15         for an electronic applicant notification

16         process; creating s. 464.0195, F.S.; creating

17         the Florida Center for Nursing and providing

18         its goals; creating s. 464.0196, F.S.;

19         providing for a board of directors; providing

20         for appointment of board members; providing for

21         staggered terms; providing powers and duties;

22         authorizing per diem and travel expenses;

23         creating s. 464.0197, F.S.; declaring state

24         budget support for the center; prohibiting the

25         Board of Nursing from developing any rule

26         relating to faculty/student clinical ratios

27         until a specified time; requiring the Board of

28         Nursing and the Department of Education to

29         submit to the Legislature an implementation

30         plan detailing the impact and cost of any such

31         proposed rule change; amending s. 464.0205,

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  1         F.S.; deleting the application and processing

  2         fee for applicants for a retired volunteer

  3         nurse certificate; requiring study by Office of

  4         Program Policy Analysis and Government

  5         Accountability of the feasibility of

  6         maintaining all of Medical Quality Assurance in

  7         one state agency; creating s. 456.0375, F.S.;

  8         requiring registration of certain clinics;

  9         providing requirements, including fees;

10         providing rulemaking authority; requiring

11         medical directors or clinic directors for such

12         clinics and providing their duties and

13         responsibilities; providing an appropriation;

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

15         alternative by which licensees under ch. 466,

16         F.S., relating to dentistry, may comply with a

17         general requirement that they take

18         domestic-violence education courses; amending

19         s. 456.033, F.S.; providing an alternative by

20         which such licensees may comply with a general

21         requirement that they take AIDS/HIV education

22         courses; amending s. 627.419, F.S.; providing

23         for appeals from certain adverse determinations

24         relating to dental service claims; providing

25         applicability; amending s. 468.302, F.S.;

26         revising a provision relating to exemption from

27         certification to use radiation on human beings;

28         amending ss. 468.352, 468.355, 468.357,

29         468.358, and 468.359, F.S.; revising

30         definitions and provisions relating to

31         licensure and use of titles and abbreviations

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  1         to correct and conform terminology with respect

  2         to respiratory therapists and respiratory care

  3         practitioners; amending ss. 468.1155 and

  4         468.1215, F.S.; revising requirements for

  5         licensure to practice speech-language pathology

  6         or audiology and for certification of

  7         speech-language pathology or audiology

  8         assistants; amending s. 480.033, F.S.;

  9         correcting terminology in the definition of

10         "massage"; amending s. 484.0445, F.S.; removing

11         certain provisions relating to the training

12         program for hearing aid specialists; amending

13         s. 484.045, F.S.; revising requirements for

14         licensure as a hearing aid specialist by

15         examination; amending s. 490.012, F.S.;

16         prohibiting the use of certain titles or

17         descriptions relating to the practice of

18         psychology or school psychology unless properly

19         licensed; providing penalties; amending s.

20         490.014, F.S.; revising exemptions from

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

22         psychology; correcting a cross reference;

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

24         prohibitions against unlicensed practice of

25         clinical social work, marriage and family

26         therapy, and mental health counseling to

27         provide that practice by registered interns is

28         lawful; amending s. 491.014, F.S.; revising

29         exemptions from licensure under ch. 491, F.S.,

30         relating to clinical, counseling, and

31         psychotherapy services, to prohibit the use by

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  1         certain employees of titles, names, or

  2         descriptions protected by the chapter; amending

  3         ss. 458.319, 459.008, and 765.102, F.S.;

  4         conforming terminology relating to palliative

  5         care; amending s. 765.101, F.S.; redefining the

  6         term "end-stage condition" with respect to

  7         health care advance directives; creating s.

  8         765.1025, F.S.; prescribing the content and

  9         suitability of palliative care; amending s.

10         765.1103, F.S.; revising provisions relating to

11         compliance with requests for pain management

12         and palliative care; amending s. 765.205, F.S.;

13         prescribing the standards of decisionmaking to

14         be used in certain circumstances by health care

15         surrogates, persons who have durable powers of

16         attorney for health care, and proxy

17         decisionmakers; amending s. 765.401, F.S.;

18         prescribing the standards of decisionmaking to

19         be used in certain circumstances by proxy

20         decisionmakers; requiring the Department of

21         Health to conduct an interim study on specialty

22         certification and provide a report to the

23         Legislature; amending s. 499.012, F.S.;

24         authorizing transfer of prescription drugs

25         between a retail pharmacy and a Modified Class

26         II institutional pharmacy under a retail

27         pharmacy wholesaler's permit; providing

28         effective dates.

29

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

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  1         Section 1.  Subsection (1) of section 483.245, Florida

  2  Statutes, is amended to read:

  3         483.245  Rebates prohibited; penalties.--

  4         (1)  It is unlawful for any person to pay or receive

  5  any commission, bonus, kickback, or rebate or engage in any

  6  split-fee arrangement in any form whatsoever with any dialysis

  7  facility, physician, surgeon, organization, agency, or person,

  8  either directly or indirectly, for patients referred to a

  9  clinical laboratory licensed under this part.

10         Section 2.  Section 381.6021, Florida Statutes, is

11  amended to read:

12         381.6021  Certification of organizations engaged in the

13  practice of cadaveric organ and tissue procurement.--The

14  Agency for Health Care Administration shall:

15         (1)  Establish a program for the certification of

16  organizations, agencies, or other entities engaged in the

17  procurement of organs, tissues, and eyes for transplantation;

18         (2)  Adopt rules that set forth appropriate standards

19  and guidelines for the program. These standards and guidelines

20  must be substantially based on the existing laws of the

21  Federal Government and this state and the existing standards

22  and guidelines of the federal Food and Drug Administration

23  (FDA), the United Network for Organ Sharing (UNOS), the

24  American Association of Tissue Banks (AATB), the South-Eastern

25  Organ Procurement Foundation (SEOPF), the North American

26  Transplant Coordinators Organization (NATCO), and the Eye Bank

27  Association of America (EBAA). In addition, the Agency for

28  Health Care Administration shall, before adopting these

29  standards and guidelines, seek input from all organ

30  procurement organizations, tissue banks, and eye banks based

31  in this state. However, notwithstanding any other provision of

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  1  law to the contrary, rules adopted under this subsection shall

  2  not allow human cells or tissue from two or more donors to be

  3  pooled during retrieval, processing, preservation, or storage.

  4  For purposes of this subsection, "pooled" means placed in

  5  physical contact or mixed in a single receptacle;

  6         (3)  Collect, keep, and make available to the Governor

  7  and the Legislature information regarding the numbers and

  8  disposition of organs and tissues procured by each certified

  9  entity;

10         (4)  Monitor participating facilities and agencies for

11  program compliance; and

12         (5)  Provide for the administration of the Organ and

13  Tissue Procurement and Transplantation Advisory Board.

14         Section 3.  Section 395.0197, Florida Statutes, is

15  amended to read:

16         395.0197  Internal risk management program.--

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

18  administrative functions, establish an internal risk

19  management program that includes all of the following

20  components:

21         (a)  The investigation and analysis of the frequency

22  and causes of general categories and specific types of adverse

23  incidents to patients.

24         (b)  The development of appropriate measures to

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

26  but not limited to:

27         1.  Risk management and risk prevention education and

28  training of all nonphysician personnel as follows:

29         a.  Such education and training of all nonphysician

30  personnel as part of their initial orientation; and

31

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

  2  annually for all nonphysician personnel of the licensed

  3  facility working in clinical areas and providing patient care,

  4  except those persons licensed as health care practitioners who

  5  are required to complete continuing education coursework

  6  pursuant to chapter 456 or the respective practice act.

  7         2.  A prohibition, except when emergency circumstances

  8  require otherwise, against a staff member of the licensed

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

10  staff member is authorized to attend the patient in the

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

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

13  two-person requirement if it has:

14         a.  Live visual observation;

15         b.  Electronic observation; or

16         c.  Any other reasonable measure taken to ensure

17  patient protection and privacy.

18         3.  A prohibition against an unlicensed person from

19  assisting or participating in any surgical procedure unless

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

21  competency assessment, and such assistance or participation is

22  done under the direct and immediate supervision of a licensed

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

24  performed by a licensed health care practitioner.

25         4.  Development, implementation, and ongoing evaluation

26  of procedures, protocols, and systems to accurately identify

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

28  planned procedure so as to minimize the performance of a

29  surgical procedure on the wrong patient, a wrong surgical

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

31

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  1  procedure otherwise unrelated to the patient's diagnosis or

  2  medical condition.

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

  4  patient care and the quality of medical services.

  5         (d)  The development and implementation of an incident

  6  reporting system based upon the affirmative duty of all health

  7  care providers and all agents and employees of the licensed

  8  health care facility to report adverse incidents to the risk

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

10  after their occurrence.

11         (2)  The internal risk management program is the

12  responsibility of the governing board of the health care

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

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

15  responsible for implementation and oversight of such

16  facility's internal risk management program as required by

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

18  more than four internal risk management programs in separate

19  licensed facilities, unless the facilities are under one

20  corporate ownership or the risk management programs are in

21  rural hospitals.

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

23  section, other innovative approaches intended to reduce the

24  frequency and severity of medical malpractice and patient

25  injury claims shall be encouraged and their implementation and

26  operation facilitated. Such additional approaches may include

27  extending internal risk management programs to health care

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

29  licensed health care facility for acts or omissions occurring

30  within the licensed facility.

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

  2  Department of Insurance, adopt rules governing the

  3  establishment of internal risk management programs to meet the

  4  needs of individual licensed facilities.  Each internal risk

  5  management program shall include the use of incident reports

  6  to be filed with an individual of responsibility who is

  7  competent in risk management techniques in the employ of each

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

  9  retained by the licensed facility as a consultant.  The

10  individual responsible for the risk management program shall

11  have free access to all medical records of the licensed

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

13  the attorney defending the licensed facility in litigation

14  relating to the licensed facility and are subject to

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

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

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

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

19  develop categories of incidents which identify problem areas.

20  Once identified, procedures shall be adjusted to correct the

21  problem areas.

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

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

24  over which health care personnel could exercise control and

25  which is associated in whole or in part with medical

26  intervention, rather than the condition for which such

27  intervention occurred, and which:

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

29         1.  Death;

30         2.  Brain or spinal damage;

31         3.  Permanent disfigurement;

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  1         4.  Fracture or dislocation of bones or joints;

  2         5.  A resulting limitation of neurological, physical,

  3  or sensory function which continues after discharge from the

  4  facility;

  5         6.  Any condition that required specialized medical

  6  attention or surgical intervention resulting from nonemergency

  7  medical intervention, other than an emergency medical

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

  9  informed consent; or

10         7.  Any condition that required the transfer of the

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

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

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

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

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

16  surgical procedure, or a surgical procedure otherwise

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

18         (c)  Required the surgical repair of damage resulting

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

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

21  patient and documented through the informed-consent process;

22  or

23         (d)  Was a procedure to remove unplanned foreign

24  objects remaining from a surgical procedure.

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

26  shall submit an annual report to the agency summarizing the

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

28  year. The report shall include:

29         1.  The total number of adverse incidents.

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

31  diagnostic or treatment procedures, or other actions causing

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  1  the injuries, and the number of incidents occurring within

  2  each category.

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

  4  caused and the number of incidents occurring within each

  5  category.

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

  7  licensure number and a separate code number identifying all

  8  other individuals directly involved in adverse incidents to

  9  patients, the relationship of the individual to the licensed

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

11  has been directly involved.  Each licensed facility shall

12  maintain names of the health care professionals and

13  individuals identified by code numbers for purposes of this

14  section.

15         5.  A description of all malpractice claims filed

16  against the licensed facility, including the total number of

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

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

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

20  disposition for all prior reports.

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

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

23  458, chapter 459, chapter 461, or chapter 466 shall be

24  reviewed by the agency.  The agency shall determine whether

25  any of the incidents potentially involved conduct by a health

26  care professional who is subject to disciplinary action, in

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

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

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

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

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

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

  2  results of such measures.  The annual report is confidential

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

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

  5  report is not discoverable or admissible in any civil or

  6  administrative action, except in disciplinary proceedings by

  7  the agency or the appropriate regulatory board. The annual

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

  9  investigation for and prosecution in disciplinary proceedings

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

11  regulatory board.  However, the agency or the appropriate

12  regulatory board shall make available, upon written request by

13  a health care professional against whom probable cause has

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

15  determination of probable cause.

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

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

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

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

20  following adverse incidents has occurred, whether occurring in

21  the licensed facility or arising from health care prior to

22  admission in the licensed facility:

23         (a)  The death of a patient;

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

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

26  wrong patient;

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

28  procedure; or

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

30

31

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

  2  facsimile device or overnight mail delivery. The notification

  3  must include information regarding the identity of the

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

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

  6  causing or resulting in the adverse incident represent a

  7  potential risk to other patients.

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

  9  occurring in the licensed facility or arising from health care

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

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

12  its occurrence:

13         (a)  The death of a patient;

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

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

16  wrong patient;

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

18  procedure;

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

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

21  medically unnecessary or otherwise unrelated to the patient's

22  diagnosis or medical condition;

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

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

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

26  and documented through the informed-consent process; or

27         (h)  The performance of procedures to remove unplanned

28  foreign objects remaining from a surgical procedure.

29

30  The agency may grant extensions to this reporting requirement

31  for more than 15 days upon justification submitted in writing

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

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

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

  4  other law providing access to public records, nor be

  5  discoverable or admissible in any civil or administrative

  6  action, except in disciplinary proceedings by the agency or

  7  the appropriate regulatory board, nor shall they be available

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

  9  prosecution in disciplinary proceedings made available to the

10  public by the agency or the appropriate regulatory board.

11  However, the agency or the appropriate regulatory board shall

12  make available, upon written request by a health care

13  professional against whom probable cause has been found, any

14  such records which form the basis of the determination of

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

16  appropriate, any such incident and prescribe measures that

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

18  shall review each incident and determine whether it

19  potentially involved conduct by the health care professional

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

21  provisions of s. 456.073 shall apply.

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

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

24  adverse incident reports received pursuant to this section,

25  which shall not include information that would identify the

26  patient, the reporting facility, or the health care

27  practitioners involved. The agency shall publish on the

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

29  adverse incident reports and malpractice claims information

30  provided by facilities in their annual reports, which shall

31  not include information that would identify the patient, the

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  1  reporting facility, or the practitioners involved.  The

  2  purpose of the publication of the summary and trend analysis

  3  is to promote the rapid dissemination of information relating

  4  to adverse incidents and malpractice claims to assist in

  5  avoidance of similar incidents and reduce morbidity and

  6  mortality.

  7         (10)(9)  The internal risk manager of each licensed

  8  facility shall:

  9         (a)  Investigate every allegation of sexual misconduct

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

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

12  sexual misconduct occurred at the facility or on the grounds

13  of the facility.; and

14         (b)  Report every allegation of sexual misconduct to

15  the administrator of the licensed facility.

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

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

18  and that an investigation is being conducted.;

19         (d)  Report to the Department of Health every

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

21  the respective practice act, by a licensed health care

22  practitioner that involves a patient.

23         (11)(10)  Any witness who witnessed or who possesses

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

25  of sexual abuse shall:

26         (a)  Notify the local police; and

27         (b)  Notify the hospital risk manager and the

28  administrator.

29

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

31  a sexual nature committed for the sexual gratification of

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

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

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

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

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

  6  vulnerable adult or minor to solicit for or engage in

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

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

  9  act which may reasonably be construed to be a normal

10  caregiving action.

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

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

13  false allegation of sexual misconduct against a member of a

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

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

16  775.083.

17         (13)(12)  In addition to any penalty imposed pursuant

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

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

20  of isolated incidents that are nonwillful violations of the

21  reporting requirements of this section, the agency shall first

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

23  correction is not demonstrated within the timeframe

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

25  nonwillful violations of this section, the agency may impose

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

27  of the reporting requirements of this section.  The

28  administrative fine for repeated nonwillful violations shall

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

30  for each intentional and willful violation may not exceed

31  $25,000 per violation, per day.  The fine for an intentional

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

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

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

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

  5         (14)(13)  The agency shall have access to all licensed

  6  facility records necessary to carry out the provisions of this

  7  section.  The records obtained by the agency under subsection

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

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

10  discoverable or admissible in any civil or administrative

11  action, except in disciplinary proceedings by the agency or

12  the appropriate regulatory board, nor shall records obtained

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

14  the record of investigation for and prosecution in

15  disciplinary proceedings made available to the public by the

16  agency or the appropriate regulatory board. However, the

17  agency or the appropriate regulatory board shall make

18  available, upon written request by a health care professional

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

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

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

22  s. 766.101 controls.

23         (15)(14)  The meetings of the committees and governing

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

25  achieving the objectives of risk management as provided by

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

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

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

29  in subsection (14) (13).

30         (16)(15)  The agency shall review, as part of its

31  licensure inspection process, the internal risk management

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  1  program at each licensed facility regulated by this section to

  2  determine whether the program meets standards established in

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

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

  5  program is appropriately reporting incidents under this

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

  7         (17)(16)  There shall be no monetary liability on the

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

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

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

11  internal risk management program in a facility licensed under

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

13  any act or proceeding undertaken or performed within the scope

14  of the functions of such internal risk management program if

15  the risk manager acts without intentional fraud.

16         (18)  A privilege against civil liability is hereby

17  granted to any licensed risk manager or licensed facility with

18  regard to information furnished pursuant to this chapter,

19  unless the licensed risk manager or facility acted in bad

20  faith or with malice in providing such information.

21         (19)(17)  If the agency, through its receipt of any

22  reports required under this section the annual reports

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

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

25  of a licensed facility is grounds for disciplinary action by

26  the appropriate regulatory board, the agency shall report this

27  fact to such regulatory board.

28         (18)  The agency shall annually publish a report

29  summarizing the information contained in the annual incident

30  reports submitted by licensed facilities pursuant to

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

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

  2  summarize:

  3         (a)  Adverse incidents, by category of reported

  4  incident, and by type of professional involved.

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

  6  professional involved.

  7         (c)  Disciplinary actions taken against professionals,

  8  by type of professional involved.

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

10  intimidate, or preclude a risk manager from lawfully executing

11  his or her reporting obligations pursuant to this chapter.

12  Such unlawful action shall be subject to civil monetary

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

14         Section 4.  Section 395.10972, Florida Statutes, is

15  amended to read:

16         395.10972  Health Care Risk Manager Advisory

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

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

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

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

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

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

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

24  advisory council shall receive no compensation for their

25  services, but shall be reimbursed for travel expenses as

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

27  individuals representing the following areas:

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

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

30  of the Florida Society of Healthcare Risk Management.

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

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

  2  self-insurer of medical malpractice coverage.

  3         (4)  One shall be a representative of the

  4  health-care-consuming public.

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

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

  7  or chapter 459.

  8         Section 5.  Paragraph (b) of subsection (2) of section

  9  395.701, Florida Statutes, is amended to read:

10         395.701  Annual assessments on net operating revenues

11  for inpatient and outpatient services to fund public medical

12  assistance; administrative fines for failure to pay

13  assessments when due; exemption.--

14         (2)

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

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

17  revenue for outpatient services for each hospital, such

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

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

20  prior year report worksheets may be reconciled to the

21  hospital's audited financial statements, no additional audited

22  financial components may be required for the purposes of

23  determining the amount of the assessment imposed pursuant to

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

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

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

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

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

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

30  calendar quarter that occurs after the agency certifies the

31  amount of the assessment for each hospital. All moneys

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  1  collected pursuant to this subsection shall be deposited into

  2  the Public Medical Assistance Trust Fund.

  3         Section 6.  Subsections (7) through (11) of section

  4  456.013, Florida Statutes, are renumbered as subsections (8)

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

  6  to said section to read:

  7         456.013  Department; general licensing provisions.--

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

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

10  relating to prevention of medical errors as part of the

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

12  towards the total number of continuing education hours

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

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

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

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

17  facility licensed pursuant to chapter 395 for its employees,

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

19  specifically related to error reduction and prevention methods

20  used in that facility.

21         Section 7.  Subsection (19) is added to section

22  456.057, Florida Statutes, to read:

23         456.057  Ownership and control of patient records;

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

25         (19)  The board, or department when there is no board,

26  may temporarily or permanently appoint a person or entity as a

27  custodian of medical records in the event of the death of a

28  practitioner, the mental or physical incapacitation of the

29  practitioner, or the abandonment of medical records by a

30  practitioner. The custodian appointed shall comply with all

31

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  1  provisions of this section, including the release of patient

  2  records.

  3         Section 8.  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 9.  Paragraph (c) of subsection (1) of section

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

14  (bb) are added to said subsection, paragraphs (c) and (d) of

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

16  (i) and (j) are added to subsection (2) of said section, to

17  read:

18         456.072  Grounds for discipline; penalties;

19  enforcement.--

20         (1)  The following acts shall constitute grounds for

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

22  be taken:

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

24  plea of guilty or nolo contendere to, regardless of

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

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

27  profession.

28         (aa)  Performing or attempting to perform health care

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

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

31  medically unnecessary or otherwise unrelated to the patient's

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  1  diagnosis or medical condition. For the purposes of this

  2  paragraph, performing or attempting to perform health care

  3  services includes the preparation of the patient.

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

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

  6  paraphernalia commonly used in surgical, examination, or other

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

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

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

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

11  of the professional.

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

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

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

15  practice act, including conduct constituting a substantial

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

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

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

19  penalties:

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

21  not limited to, restricting the licensee from practicing in

22  certain settings, restricting the licensee to work only under

23  designated conditions or in certain settings, restricting the

24  licensee from performing or providing designated clinical and

25  administrative services, restricting the licensee from

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

27  other restriction found to be necessary for the protection of

28  the public health, safety, and welfare.

29         (d)  Imposition of an administrative fine not to exceed

30  $10,000 for each count or separate offense. If the violation

31  is for fraud or making a false or fraudulent representation,

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  1  the board, or the department if there is no board, must impose

  2  a fine of $10,000 per count or offense.

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

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

  5         (j)  Requirement that the practitioner undergo remedial

  6  education.

  7

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

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

10  sanctions are necessary to protect the public or to compensate

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

12  the disciplining authority consider and include in the order

13  requirements designed to rehabilitate the practitioner. All

14  costs associated with compliance with orders issued under this

15  subsection are the obligation of the practitioner.

16         (4)  In addition to any other discipline imposed

17  pursuant to this section or discipline imposed for a violation

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

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

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

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

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

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

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

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

26  Department of Legal Affairs may contract for the collection

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

28  assessment.

29         Section 10.  Paragraphs (a) and (c) of subsection (9)

30  of section 456.073, Florida Statutes, are amended, and,

31

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  1  effective upon this act becoming a law, subsection (13) is

  2  added to said section, to read:

  3         456.073  Disciplinary proceedings.--Disciplinary

  4  proceedings for each board shall be within the jurisdiction of

  5  the department.

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

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

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

  9  investigation, indicating whether probable cause has been

10  found and the status of any civil action or administrative

11  proceeding or appeal.

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

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

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

15  within 60 days, provide any additional information to the

16  department probable cause panel which may be relevant to the

17  decision. To facilitate the provision of additional

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

19  upon request, a copy of the department's expert report that

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

21  relied upon by the department. In no way does this require the

22  department to procure an expert opinion or report if none was

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

24  confidential. In any administrative proceeding under s.

25  120.57, the person who filed the disciplinary complaint shall

26  have the right to present oral or written communication

27  relating to the alleged disciplinary violations or to the

28  appropriate penalty.

29         (13)  Notwithstanding any provision of law to the

30  contrary, an administrative complaint against a licensee shall

31  be filed within 6 years after the time of the incident or

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  1  occurrence giving rise to the complaint against the licensee.

  2  If such incident or occurrence involved criminal actions,

  3  diversion of controlled substances, sexual misconduct, or

  4  impairment by the licensee, this subsection does not apply to

  5  bar initiation of an investigation or filing of an

  6  administrative complaint beyond the 6-year timeframe. In those

  7  cases covered by this subsection in which it can be shown that

  8  fraud, concealment, or intentional misrepresentation of fact

  9  prevented the discovery of the violation of law, the period of

10  limitations is extended forward, but in no event to exceed 12

11  years after the time of the incident or occurrence.

12         Section 11.  Subsection (1) of section 456.074, Florida

13  Statutes, is amended to read:

14         456.074  Certain health care practitioners; immediate

15  suspension of license.--

16         (1)  The department shall issue an emergency order

17  suspending the license of any person licensed under chapter

18  458, chapter 459, chapter 460, chapter 461, chapter 462,

19  chapter 463, chapter 464, chapter 465, chapter 466, or chapter

20  484 who pleads guilty to, is convicted or found guilty of, or

21  who enters a plea of nolo contendere to, regardless of

22  adjudication, a felony under chapter 409, chapter 817, or

23  chapter 893 or under 21 U.S.C. ss. 801-970 or under 42 U.S.C.

24  ss. 1395-1396.

25         Section 12.  Subsections (2) and (6) of section

26  456.077, Florida Statutes, are amended to read:

27         456.077  Authority to issue citations.--

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

29  shall adopt rules designating violations for which a citation

30  may be issued.  Such rules shall designate as citation

31  violations those violations for which there is no substantial

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

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

  3  continuing education requirements, failure to timely pay

  4  required fees and fines, failure to comply with the

  5  requirements of ss. 381.026 and 381.0261 regarding the

  6  dissemination of information regarding patient rights, failure

  7  to comply with advertising requirements, failure to timely

  8  update practitioner profile and credentialing files, failure

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

10  required reference books available, and all other violations

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

12  safety of the patient.

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

14  months in which to enact rules designating violations and

15  penalties appropriate for citation offenses. Failure to enact

16  such rules gives the department exclusive authority to adopt

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

18  continuous authority to amend its rules adopted pursuant to

19  this section.

20         Section 13.  Section 456.081, Florida Statutes, is

21  amended to read:

22         456.081  Publication of information.--The department

23  and the boards shall have the authority to advise licensees

24  periodically, through the publication of a newsletter, about

25  information that the department or the board determines is of

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

27  maintain a website which contains copies of the newsletter;

28  information relating to adverse incident reports without

29  identifying the patient, practitioner, or facility in which

30  the adverse incident occurred until 10 days after probable

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

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  1  facility shall become public as part of the investigative

  2  file; information about error prevention and safety

  3  strategies; and information concerning best practices. Unless

  4  otherwise prohibited by law, the department and the boards

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

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

  7  suspensions, or revocations, and any other information the

  8  department or the board determines is of interest to the

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

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

11  include information provided by, professional associations and

12  national organizations.

13         Section 14.  Section 458.3147, Florida Statutes, is

14  created to read:

15         458.3147  Medical school eligibility of military

16  academy students or graduates.--Any Florida resident who is a

17  student at or a graduate of any of the four United States

18  military academies who qualifies for assignment to the Medical

19  Corps of the United States military shall be considered

20  eligible for admission to any medical school in the State

21  University System. All application fees shall be waived or

22  refunded.

23         Section 15.  Subsection (9) of section 458.331, Florida

24  Statutes, is amended to read:

25         458.331  Grounds for disciplinary action; action by the

26  board and department.--

27         (9)  When an investigation of a physician is

28  undertaken, the department shall promptly furnish to the

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

30  or document which resulted in the initiation of the

31  investigation.  For purposes of this subsection, such

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

  2  portions of an annual report submitted to the department

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

  4  which is provided to the department pursuant to s.

  5  395.0197(8); a report of peer review disciplinary action

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

  7  458.337, providing that the investigations, proceedings, and

  8  records relating to such peer review disciplinary action shall

  9  continue to retain their privileged status even as to the

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

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

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

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

14  Florida Birth-Related Neurological Injury Compensation Plan,

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

16  response to the information contained in the complaint or

17  document which resulted in the initiation of the investigation

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

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

20  considered by the probable cause panel.

21         Section 16.  Subsection (9) of section 459.015, Florida

22  Statutes, is amended to read:

23         459.015  Grounds for disciplinary action; action by the

24  board and department.--

25         (9)  When an investigation of an osteopathic physician

26  is undertaken, the department shall promptly furnish to the

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

28  complaint or document which resulted in the initiation of the

29  investigation. For purposes of this subsection, such documents

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

31  annual report submitted to the department pursuant to s.

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  1  395.0197(6); a report of an adverse incident which is provided

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

  3  review disciplinary action submitted to the department

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

  5  investigations, proceedings, and records relating to such peer

  6  review disciplinary action shall continue to retain their

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

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

  9  459.016(3); a report of a closed claim submitted pursuant to

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

11  766.106(2); and a petition brought under the Florida

12  Birth-Related Neurological Injury Compensation Plan, pursuant

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

14  written response to the information contained in the complaint

15  or document which resulted in the initiation of the

16  investigation within 45 days after service to the osteopathic

17  physician of the complaint or document. The osteopathic

18  physician's written response shall be considered by the

19  probable cause panel.

20         Section 17.  Subsection (5) of section 465.019, Florida

21  Statutes, is amended to read:

22         465.019  Institutional pharmacies; permits.--

23         (5)  All institutional pharmacies shall be under the

24  professional supervision of a consultant pharmacist, and the

25  compounding and dispensing of medicinal drugs shall be done

26  only by a licensed pharmacist. Every institutional pharmacy

27  that employs or otherwise utilizes pharmacy technicians shall

28  have a written policy and procedures manual specifying those

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

30  allowed to perform.

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  1         Section 18.  Section 465.0196, Florida Statutes, is

  2  amended to read:

  3         465.0196  Special pharmacy permits.--Any person

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

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

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

  7  permit.  If the board certifies that the application complies

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

  9  practice of the profession of pharmacy, the department shall

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

11  pharmacist is designated to undertake the professional

12  supervision of the compounding and dispensing of all drugs

13  dispensed by the pharmacy.  The licensed pharmacist shall be

14  responsible for maintaining all drug records and for providing

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

16  compounding, storing, and dispensing of medicinal drugs

17  occurs.  The permittee shall notify the department within 10

18  days of any change of the licensed pharmacist responsible for

19  such duties. Every permittee that employs or otherwise

20  utilizes pharmacy technicians shall have a written policy and

21  procedures manual specifying those duties, tasks, and

22  functions which a pharmacy technician is allowed to perform.

23         Section 19.  The Department of Health and the Agency

24  for Health Care Administration shall conduct a review of all

25  statutorily imposed reporting requirements for health care

26  practitioners and health facilities. The department and the

27  agency shall report back to the Legislature on or before

28  November 1, 2001, with recommendations and suggested statutory

29  changes to streamline reporting requirements to avoid

30  duplicative, overlapping, and unnecessary reports or data

31  elements.

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  1         Section 20.  Paragraph (r) is added to subsection (1)

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

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

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

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

  6         468.1755  Disciplinary proceedings.--

  7         (1)  The following acts shall constitute grounds for

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

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

10  468.1745(1).

11         (r)  Failing to implement an ongoing quality assurance

12  program directed by an interdisciplinary team that meets at

13  least every other month.

14         (2)  When the board finds any nursing home

15  administrator guilty of any of the grounds set forth in

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

17  the following penalties:

18         (a)  Denial of an application for licensure.

19         (b)  Revocation or suspension of a license.

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

21  $1,000 for each count or separate offense.

22         (d)  Issuance of a reprimand.

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

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

25  specify, including requiring the licensee to attend continuing

26  education courses or to work under the supervision of another

27  licensee.

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

29         Section 21.  For the purpose of incorporating the

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

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

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  1  Statutes, and section 468.1735, Florida Statutes, are

  2  reenacted to read:

  3         468.1695  Licensure by examination.--

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

  5  nursing home administration to any applicant who successfully

  6  completes the examination in accordance with this section and

  7  otherwise meets the requirements of this part.  The department

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

  9  investigation in this state or another jurisdiction for an

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

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

12  provisions of s. 468.1755 shall apply.

13         468.1735  Provisional license.--The board may establish

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

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

16  nursing home administrator that unexpectedly becomes vacant

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

18  abandonment of position and shall be issued for one single

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

20  department shall not issue a provisional license to any

21  applicant who is under investigation in this state or another

22  jurisdiction for an offense which would constitute a violation

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

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

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

26  meet all of the licensing requirements established by this

27  part, but the board shall by rule establish minimal

28  requirements to ensure protection of the public health,

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

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

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

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

  2  provisional license.

  3         Section 22.  For the purpose of incorporating the

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

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

  6  484.056, Florida Statutes, is reenacted to read:

  7         484.056  Disciplinary proceedings.--

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

  9  dispensing hearing aids shall be grounds for both disciplinary

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

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

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

13  owning or operating a hearing aid establishment who engages

14  in, aids, or abets any such violation:

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

16  484.0512, or s. 484.053.

17         Section 23.  Paragraph (a) of subsection (1), paragraph

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

19  Florida Statutes, are amended to read:

20         766.101  Medical review committee, immunity from

21  liability.--

22         (1)  As used in this section:

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

24  means:

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

26  center licensed under chapter 395 or a health maintenance

27  organization certificated under part I of chapter 641,

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

29  provider-sponsored organization, or an integrated delivery

30  system,

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  1         c.  A committee of a state or local professional

  2  society of health care providers,

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

  4  hospital or nursing home, provided the medical staff operates

  5  pursuant to written bylaws that have been approved by the

  6  governing board of the hospital or nursing home,

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

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

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

10  the authority or both,

11         f.  A committee of a professional service corporation

12  formed under chapter 621 or a corporation organized under

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

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

15  which has at least 25 health care providers who routinely

16  provide health care services directly to patients,

17         g.  A committee of a mental health treatment facility

18  licensed under chapter 394 or a community mental health center

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

20  program operates pursuant to the guidelines which have been

21  approved by the governing board of the agency,

22         h.  A committee of a substance abuse treatment and

23  education prevention program licensed under chapter 397

24  provided the quality assurance program operates pursuant to

25  the guidelines which have been approved by the governing board

26  of the agency,

27         i.  A peer review or utilization review committee

28  organized under chapter 440, or

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

30  health department, healthy start coalition, or certified rural

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

  2  of these entities when reviewing mortality records, or

  3         k.  A continuous quality improvement committee of a

  4  pharmacy licensed pursuant to chapter 465,

  5

  6  which committee is formed to evaluate and improve the quality

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

  8  determine that health services rendered were professionally

  9  indicated or were performed in compliance with the applicable

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

11  considered reasonable by the providers of professional health

12  services in the area; or

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

14  underwriting association of medical malpractice insurance, or

15  other persons conducting review under s. 766.106.

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

17  encourage medical review committees to contribute further to

18  the quality of health care in this state by reviewing

19  complaints against physicians in the manner described in this

20  paragraph. Accordingly, the Department of Health Business and

21  Professional Regulation may enter into a letter of agreement

22  with a professional society of physicians licensed under

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

24  or peer review committees of the professional society will

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

26  society by the department which involves a question as to

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

28  prevailing professional standard of care. The prevailing

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

30  and treatment which, in light of all relevant surrounding

31  circumstances, is recognized as acceptable and appropriate by

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  1  reasonably prudent similar health care providers. The letter

  2  of agreement must specify that the professional society will

  3  submit an advisory report to the department within a

  4  reasonable time following the department's written and

  5  appropriately supported request to the professional society.

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

  7  constitutes the professional opinion of the medical review

  8  committee and must include:

  9         1.  A statement of relevant factual findings.

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

11  physician's actions represented a breach of the prevailing

12  professional standard of care.

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

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

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

16  466 shall arise against another person licensed pursuant to

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

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

19  information to a duly appointed medical review committee, to

20  an internal risk management program established under s.

21  395.0197, to the Department of Health or the Agency for Health

22  Care Administration Business and Professional Regulation, or

23  to the appropriate regulatory board if the information

24  furnished concerns patient care at a facility licensed

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

26  health care services, if the information is not intentionally

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

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

29  such information is otherwise available from original sources,

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

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  1  merely because it was presented during a proceeding of the

  2  committee, department, or board.

  3         Section 24.  For the purpose of incorporating the

  4  amendment to section 766.101(1)(a), Florida Statutes, in

  5  references thereto, paragraph (a) of subsection (1) of section

  6  440.105, Florida Statutes, and subsection (6) of section

  7  626.989, Florida Statutes, are reenacted to read:

  8         440.105  Prohibited activities; reports; penalties;

  9  limitations.--

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

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

12  professional practitioner licensed or regulated by the

13  Department of Business and Professional Regulation, except as

14  otherwise provided by law, any medical review committee as

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

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

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

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

19  practice which, upon conviction, constitutes a felony or

20  misdemeanor under this chapter is being or has been committed

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

22  Workers' Compensation Fraud, a report or information pertinent

23  to such knowledge or belief and such additional information

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

25  review such information or reports and select such information

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

27  investigation. It shall then cause an independent examination

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

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

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

31  a felony or a misdemeanor under this chapter is being

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  1  committed. The bureau shall report any alleged violations of

  2  law which its investigations disclose to the appropriate

  3  licensing agency and state attorney or other prosecuting

  4  agency having jurisdiction with respect to any such violations

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

  6  prosecuting agency having jurisdiction with respect to such

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

  8  the state attorney or other prosecuting agency having

  9  jurisdiction with respect to such violation shall inform the

10  bureau of the reasons for the lack of prosecution.

11         626.989  Investigation by department or Division of

12  Insurance Fraud; compliance; immunity; confidential

13  information; reports to division; division investigator's

14  power of arrest.--

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

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

17  knowledge or who believes that a fraudulent insurance act or

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

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

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

21  Insurance Fraud a report or information pertinent to such

22  knowledge or belief and such additional information relative

23  thereto as the department may request. Any professional

24  practitioner licensed or regulated by the Department of

25  Business and Professional Regulation, except as otherwise

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

27  766.101, any private medical review committee, and any

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

29  employee thereof, having knowledge or who believes that a

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

31  upon conviction, constitutes a felony or a misdemeanor under

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

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

  3  information pertinent to such knowledge or belief and such

  4  additional information relative thereto as the department may

  5  require. The Division of Insurance Fraud shall review such

  6  information or reports and select such information or reports

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

  8  shall then cause an independent examination of the facts

  9  surrounding such information or report to be made to determine

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

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

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

13  is being committed. The Division of Insurance Fraud shall

14  report any alleged violations of law which its investigations

15  disclose to the appropriate licensing agency and state

16  attorney or other prosecuting agency having jurisdiction with

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

18  prosecution by the state attorney or other prosecuting agency

19  having jurisdiction with respect to such violation is not

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

21  attorney or other prosecuting agency having jurisdiction with

22  respect to such violation shall inform the division of the

23  reasons for the lack of prosecution.

24         Section 25.  Paragraph (c) of subsection (4) of section

25  766.1115, Florida Statutes, is amended to read:

26         766.1115  Health care providers; creation of agency

27  relationship with governmental contractors.--

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

29  that executes a contract with a governmental contractor to

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

31  agent of the governmental contractor is an agent for purposes

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

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

  3  requirements of this section and regardless of whether the

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

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

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

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

  8  contracts entered into under this section.  The contract must

  9  provide that:

10         (c)  Adverse incidents and information on treatment

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

12  governmental contractor if such incidents and information

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

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

15  395.0197 annually submit an adverse incident report that

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

17  the adverse incident involves a result described by s.

18  395.0197(8), in which case it shall be reported within 15 days

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

20  a professional licensed by the Department of Health or a

21  facility licensed by the Agency for Health Care

22  Administration, the governmental contractor shall submit such

23  incident reports to the appropriate department or agency,

24  which shall review each incident and determine whether it

25  involves conduct by the licensee that is subject to

26  disciplinary action. All patient medical records and any

27  identifying information contained in adverse incident reports

28  and treatment outcomes which are obtained by governmental

29  entities pursuant to this paragraph are confidential and

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

31  I of the State Constitution.

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  1         Section 26.  Section 456.047, Florida Statutes, is

  2  amended to read:

  3         456.047  Standardized credentialing for health care

  4  practitioners.--

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

  6  efficient and effective health care practitioner credentialing

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

  8  recognizes that health care practitioner credentialing

  9  activities have increased significantly as a result of health

10  care reform and recent changes in health care delivery and

11  reimbursement systems. Moreover, the resulting duplication of

12  health care practitioner credentialing activities is

13  unnecessarily costly and cumbersome for both the practitioner

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

15  the intent of this section that a credentials collection

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

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

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

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

20  Legislature that the department and all entities and

21  practitioners work cooperatively to ensure the integrity and

22  accuracy of the program. Participation under this section

23  shall include those individuals licensed under chapter 458,

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

25  the department shall, with the approval of the applicable

26  board, include other professions under the jurisdiction of the

27  Division of Medical Quality Assurance in this program,

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

29  456.0391.

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

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

  2  approved by a quality assessment program, from the National

  3  Committee for Quality Assurance, the Joint Commission on

  4  Accreditation of Healthcare Organizations, the American

  5  Accreditation HealthCare Commission/URAC, or any such other

  6  nationally recognized and accepted organization authorized by

  7  the department, used to assess and certify any credentials

  8  verification program, entity, or organization that verifies

  9  the credentials of any health care practitioner.

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

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

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

13  professional training, licensure, current Drug Enforcement

14  Administration certification, social security number,

15  specialty board certification, Educational Commission for

16  Foreign Medical Graduates certification, and hospital or other

17  institutional affiliations, evidence of professional liability

18  coverage or evidence of financial responsibility as required

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

20  suits, judgments, or settlements, final disciplinary action

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

22  The department may by rule designate additional core

23  credentials data elements, and Medicare or Medicaid sanctions.

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

25  of assessing and verifying the qualifications of a licensed

26  health care practitioner or applicant for licensure as a

27  health care practitioner.

28         (d)  "Credentials verification organization" means any

29  organization certified or accredited as a credentials

30  verification organization.

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

  2  Division of Medical Quality Assurance.

  3         (f)  "Designated credentials verification organization"

  4  means the credentials verification organization which is

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

  6  practitioner chooses to make such a designation.

  7         (g)  "Drug Enforcement Administration certification"

  8  means certification issued by the Drug Enforcement

  9  Administration for purposes of administration or prescription

10  of controlled substances. Submission of such certification

11  under this section must include evidence that the

12  certification is current and must also include all current

13  addresses to which the certificate is issued.

14         (h)  "Health care entity" means:

15         1.  Any health care facility or other health care

16  organization licensed or certified to provide approved medical

17  and allied health services in this state;

18         2.  Any entity licensed by the Department of Insurance

19  as a prepaid health care plan or health maintenance

20  organization or as an insurer to provide coverage for health

21  care services through a network of providers or similar

22  organization licensed under chapter 627, chapter 636, chapter

23  641, or chapter 651; or

24         3.  Any accredited medical school in this state.

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

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

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

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

29  or applying for licensure under a chapter subsequently made

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

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  1  the applicable board, except a person registered or applying

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

  3         (j)  "Hospital or other institutional affiliations"

  4  means each hospital or other institution for which the health

  5  care practitioner or applicant has provided medical services.

  6  Submission of such information under this section must

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

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

  9  the health care practitioner or applicant at that hospital or

10  institution, and the dates of affiliation with that hospital

11  or institution.

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

13  organization that awards accreditation or certification to

14  hospitals, managed care organizations, credentials

15  verification organizations, or other health care

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

17  Commission on Accreditation of Healthcare Organizations, the

18  American Accreditation HealthCare Commission/URAC, and the

19  National Committee for Quality Assurance.

20         (k)  "Primary source verification" means verification

21  of professional qualifications based on evidence obtained

22  directly from the issuing source of the applicable

23  qualification or from any other source deemed as a primary

24  source for such verification by the department or an

25  accrediting body approved by the department.

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

27  residency, or fellowship relating to the profession for which

28  the health care practitioner is licensed or seeking licensure.

29         (m)  "Specialty board certification" means

30  certification in a specialty issued by a specialty board

31  recognized by the board in this state that regulates the

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  1  profession for which the health care practitioner is licensed

  2  or seeking licensure.

  3         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

  4         (a)  Every health care practitioner shall:

  5         1.  Report all core credentials data to the department

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

  7  designating a credentials verification organization to submit

  8  the data or by submitting the data directly.

  9         2.  Notify the department within 45 days of any

10  corrections, updates, or modifications to the core credentials

11  data either through his or her designated credentials

12  verification organization or by submitting the data directly.

13  Corrections, updates, and modifications to the core

14  credentials data provided the department under this section

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

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

17         (b)  The department shall:

18         1.  Maintain a complete, current file of applicable

19  core credentials data on each health care practitioner, which

20  shall include data provided in accordance with subparagraph

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

22  (a)2.

23         2.  Release the core credentials data that is otherwise

24  confidential or exempt from the provisions of chapter 119 and

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

26  corrections, updates, and modifications thereto, if authorized

27  by the health care practitioner.

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

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

30  and operating costs, pursuant to the requirements of chapter

31  119.

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

  2  care practitioner or designated credentials verification

  3  organization for the initial reporting of core credentials

  4  data, for the health care practitioner to authorize the

  5  release of core credentials data, and for the subsequent

  6  reporting of corrections, updates, and modifications thereto.

  7         (c)  A registered credentials verification organization

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

  9  health care practitioner to comply with the requirements of

10  subparagraph (a)2. A designated credentials verification

11  organization shall:

12         1.  Timely comply with the requirements of subparagraph

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

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

15  credentials data, including all corrections, updates, and

16  modifications, without the authorization of the practitioner.

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

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

19  and to approve or deny an application for hospital staff

20  membership, clinical privileges, or managed care network

21  participation.

22         (4)  DUPLICATION OF DATA PROHIBITED.--

23         (a)  A health care entity or credentials verification

24  organization is prohibited from collecting or attempting to

25  collect duplicate core credentials data from any health care

26  practitioner if the information is available from the

27  department. This section shall not be construed to restrict

28  the right of any health care entity or credentials

29  verification organization to collect additional information

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

31  core credentials data file. This section shall not be

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  1  construed to prohibit a health care entity or credentials

  2  verification organization from obtaining all necessary

  3  attestation and release form signatures and dates.

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

  5  state which credentials health care practitioners may not

  6  collect or attempt to collect duplicate core credentials data

  7  from any individual health care practitioner if the

  8  information is already available from the department. This

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

10  such state agency to request additional information not

11  included in the core credentials credential data file, but

12  which is deemed necessary for the agency's specific

13  credentialing purposes.

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

15  verification organization that does business in this state

16  must be fully accredited or certified as a credentials

17  verification organization by a national accrediting

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

19  register with the department. The department may charge a

20  reasonable registration fee, not to exceed an amount

21  sufficient to cover its actual expenses in providing and

22  enforcing such registration. The department shall establish by

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

24  registered credentials verification organization to maintain

25  full accreditation or certification, to provide data as

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

27  department changes, updates, and modifications to a health

28  care practitioner's records within the time period specified

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

30  against collection of duplicate core credentials data from a

31  practitioner may result in denial of an application for

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  1  renewal of registration or in revocation or suspension of a

  2  registration.

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

  4  entities and credentials verification organizations may rely

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

  6  department or its designee to meet primary source verification

  7  requirements of national accrediting organizations.

  8         (7)(6)  LIABILITY.--No civil, criminal, or

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

10  liability, against any registered credentials verification

11  organization or health care entity on account of its reliance

12  on any data obtained directly from the department.

13         (8)(7)  LIABILITY INSURANCE REQUIREMENTS.--Each

14  credentials verification organization doing business in this

15  state shall maintain liability insurance appropriate to meet

16  the certification or accreditation requirements established in

17  this section.

18         (9)(8)  RULES.--The department shall adopt rules

19  necessary to develop and implement the standardized core

20  credentials data collection program established by this

21  section.

22         Section 27.  Section 240.4075, Florida Statutes, is

23  amended to read:

24         240.4075  Nursing Student Loan Forgiveness Program.--

25         (1)  To encourage qualified personnel to seek

26  employment in areas of this state in which critical nursing

27  shortages exist, there is established the Nursing Student Loan

28  Forgiveness Program.  The primary function of the program is

29  to increase employment and retention of registered nurses and

30  licensed practical nurses in nursing homes and hospitals in

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

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  1  facilities, public schools, birth centers, and federally

  2  sponsored community health centers and teaching hospitals by

  3  making repayments toward loans received by students from

  4  federal or state programs or commercial lending institutions

  5  for the support of postsecondary study in accredited or

  6  approved nursing programs.

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

  8  from an accredited or approved nursing program and have

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

10  registered nurse or a Florida certificate as an advanced

11  registered nurse practitioner.

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

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

14  $4,000 for each year of education towards the degree obtained.

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

16  contingent upon continued proof of employment in the

17  designated facilities in this state. Loan principal payments

18  shall be made by the Department of Health Education directly

19  to the federal or state programs or commercial lending

20  institutions holding the loan as follows:

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

22  accrued interest shall be retired after the first year of

23  nursing;

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

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

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

27  accrued interest shall be retired after the third year of

28  nursing; and

29         (d)  The remaining loan principal and accrued interest

30  shall be retired after the fourth year of nursing.

31

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

  2  12-month period.

  3         (5)  There is created the Nursing Student Loan

  4  Forgiveness Trust Fund to be administered by the Department of

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

  6  department rules.  The Comptroller shall authorize

  7  expenditures from the trust fund upon receipt of vouchers

  8  approved by the Department of Health Education. All moneys

  9  collected from the private health care industry and other

10  private sources for the purposes of this section shall be

11  deposited into the Nursing Student Loan Forgiveness Trust

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

13  year shall remain therein and shall be available for carrying

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

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

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

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

18  or renewal of nursing licensure. Revenues collected from the

19  fee imposed in this subsection shall be deposited in the

20  Nursing Student Loan Forgiveness Trust Fund of the Department

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

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

23  Up to 50 percent of the revenues appropriated to implement

24  this subsection may be used for the nursing scholarship

25  program established pursuant to s. 240.4076.

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

27  Forgiveness Trust Fund which are to be used for loan

28  forgiveness for those nurses employed by hospitals, birth

29  centers, and nursing homes must be matched on a

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

31  institutions, except that this provision shall not apply to

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  1  state-operated medical and health care facilities, public

  2  schools, county health departments, federally sponsored

  3  community health centers, or teaching hospitals as defined in

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

  5  395.805, or specialty hospitals for children as used in s.

  6  409.9119. If in any given fiscal quarter there are

  7  insufficient funds in the trust fund to grant all eligible

  8  applicant requests, awards shall be based on the following

  9  priority of employer:  county health departments; federally

10  sponsored community health centers; state-operated medical and

11  health care facilities; public schools; teaching hospitals as

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

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

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

15  nursing homes.

16         (b)  All Nursing Student Loan Forgiveness Trust Fund

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

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

19  shall increase the total funds available for loan forgiveness

20  and scholarships. Pledged contributions shall not be eligible

21  for matching prior to the actual collection of the total

22  private contribution for the year.

23         (8)  The Department of Health Education may solicit

24  technical assistance relating to the conduct of this program

25  from the Department of Education Health.

26         (9)  The Department of Health Education is authorized

27  to recover from the Nursing Student Loan Forgiveness Trust

28  Fund its costs for administering the Nursing Student Loan

29  Forgiveness Program.

30         (10)  The Department of Health Education may adopt

31  rules necessary to administer this program.

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  1         (11)  This section shall be implemented only as

  2  specifically funded.

  3         Section 28.  Section 240.4076, Florida Statutes, is

  4  amended to read:

  5         240.4076  Nursing scholarship program.--

  6         (1)  There is established within the Department of

  7  Health Education a scholarship program for the purpose of

  8  attracting capable and promising students to the nursing

  9  profession.

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

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

12  approved nursing program leading to the award of a

13  baccalaureate degree or graduate degree to qualify for a

14  nursing faculty position or as an or any advanced registered

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

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

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

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

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

20  registered nurses pursuing a graduate degree for a faculty

21  position or to practice as an advanced registered nurse

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

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

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

25  urban consumers published by the United States Department of

26  Commerce.

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

28  follows:

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

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

31  in a college of nursing or community college nursing program

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

  2  underserved area as approved by the Department of Health

  3  Education. Scholarship recipients who attend school on a

  4  part-time basis shall have their employment service obligation

  5  prorated in proportion to the amount of scholarship payments

  6  received.

  7         (b)  Eligible health care facilities include nursing

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

  9  health care facilities, public schools, county health

10  departments, federally sponsored community health centers,

11  colleges of nursing in universities in this state, and

12  community college nursing programs in this state or teaching

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

14  encouraged to complete the service obligation at a single

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

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

17  transfer to another approved health care facility.

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

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

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

21  determined by the department, the entire amount of the

22  scholarship plus 18 percent interest accruing from the date of

23  the scholarship payment. Moneys repaid shall be deposited into

24  the Nursing Student Loan Forgiveness Trust Fund established in

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

26  time for repayment if the department finds that circumstances

27  beyond the control of the recipient caused or contributed to

28  the default.

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

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

31  complete 12 months of approved employment for each year of

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  1  scholarship assistance received shall repay to the Department

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

  3  amount of the scholarship plus interest accruing from the date

  4  of the scholarship payment at the maximum allowable interest

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

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

  7  However, the department may provide additional time for

  8  repayment if the department finds that circumstances beyond

  9  the control of the recipient caused or contributed to the

10  default.

11         (5)  Scholarship payments shall be transmitted to the

12  recipient upon receipt of documentation that the recipient is

13  enrolled in an approved nursing program. The Department of

14  Health Education shall develop a formula to prorate payments

15  to scholarship recipients so as not to exceed the maximum

16  amount per academic year.

17         (6)  The Department of Health Education shall adopt

18  rules, including rules to address extraordinary circumstances

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

20  enrollment or employment contractual agreement, to implement

21  this section and may solicit technical assistance relating to

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

23         (7)  The Department of Health Education is authorized

24  to recover from the Nursing Student Loan Forgiveness Trust

25  Fund its costs for administering the nursing scholarship

26  program.

27         Section 29.  All powers, duties, and functions, rules,

28  records, personnel, property, and unexpended balances of

29  appropriations, allocations, or other funds of the Department

30  of Education relating to the Nursing Student Loan Forgiveness

31  Program and the nursing scholarship program are transferred by

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

  2  Statutes, to the Department of Health.

  3         Section 30.  Effective July 1, 2003, section 464.005,

  4  Florida Statutes, is amended to read:

  5         464.005  Board headquarters.--The board shall maintain

  6  its official headquarters in Tallahassee the city in which it

  7  has been domiciled for the past 5 years.

  8         Section 31.  Subsections (1) and (2) of section

  9  464.008, Florida Statutes, are amended to read:

10         464.008  Licensure by examination.--

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

12  nurse or licensed practical nurse shall apply to the

13  department to take the licensure examination.  The department

14  shall examine each applicant who:

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

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

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

18  actual per applicant cost to the department for purchase of

19  the examination from the National Council of State Boards of

20  Nursing or a similar national organization.

21         (b)  Has provided sufficient information on or after

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

23  a statewide criminal records correspondence check through the

24  Department of Law Enforcement.

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

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

27  completed the requirements for graduation from an approved

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

29  preparation of registered nurses or licensed practical nurses,

30  whichever is applicable.  Courses successfully completed in a

31  professional nursing program which are at least equivalent to

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  1  a practical nursing program may be used to satisfy the

  2  education requirements for licensure as a licensed practical

  3  nurse.

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

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

  6  the department.

  7         (2)  Each applicant who passes the examination and

  8  provides proof of meeting the educational requirements

  9  specified in subsection (1) graduation from an approved

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

11  be entitled to licensure as a registered professional nurse or

12  a licensed practical nurse, whichever is applicable.

13         Section 32.  Section 464.009, Florida Statutes, is

14  amended to read:

15         464.009  Licensure by endorsement.--

16         (1)  The department shall issue the appropriate license

17  by endorsement to practice professional or practical nursing

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

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

20  demonstrates to the board that he or she:

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

22  practical nursing in another state of the United States,

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

24  license, the requirements for licensure were substantially

25  equivalent to or more stringent than those existing in Florida

26  at that time; or

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

28  464.008 and has successfully completed a state, regional, or

29  national examination which is substantially equivalent to or

30  more stringent than the examination given by the department.

31

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  1         (2)  Such examinations and requirements from other

  2  states shall be presumed to be substantially equivalent to or

  3  more stringent than those in this state.  Such presumption

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

  5  by rule, specify states the examinations and requirements of

  6  which shall not be presumed to be substantially equivalent to

  7  those of this state.

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

  9  of fingerprints on a form and under procedures specified by

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

11  costs incurred by the Department of Health for the criminal

12  background check of the applicant. The Department of Health

13  shall submit the fingerprints provided by the applicant to the

14  Florida Department of Law Enforcement for a statewide criminal

15  history check, and the Florida Department of Law Enforcement

16  shall forward the fingerprints to the Federal Bureau of

17  Investigation for a national criminal history check of the

18  applicant. The Department of Health shall review the results

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

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

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

22  criminal histories back to the board for determination as to

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

24         (4)(3)  The department shall not issue a license by

25  endorsement to any applicant who is under investigation in

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

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

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

29  apply.

30         (5)  The department shall develop an electronic

31  applicant notification process and provide electronic

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  1  notification when the application has been received and when

  2  background screenings have been completed, and shall issue a

  3  license within 30 days after completion of all required data

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

  5  license shall be tolled if the applicant must appear before

  6  the board due to information provided on the application or

  7  obtained through screening and data collection and

  8  verification procedures.

  9         Section 33.  Section 464.0195, Florida Statutes, is

10  created to read:

11         464.0195  Florida Center for Nursing; goals.--There is

12  established the Florida Center for Nursing to address issues

13  of supply and demand for nursing, including issues of

14  recruitment, retention, and utilization of nurse workforce

15  resources. The Legislature finds that the center will repay

16  the state's investment by providing an ongoing strategy for

17  the allocation of the state's resources directed towards

18  nursing. The primary goals for the center shall be to:

19         (1)  Develop a strategic statewide plan for nursing

20  manpower in this state by:

21         (a)  Establishing and maintaining a database on nursing

22  supply and demand in the state, to include current supply and

23  demand, and future projections; and

24         (b)  Selecting from the plan priorities to be

25  addressed.

26         (2)  Convene various groups representative of nurses,

27  other health care providers, business and industry, consumers,

28  legislators, and educators to:

29         (a)  Review and comment on data analysis prepared for

30  the center;

31

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  1         (b)  Recommend systemic changes, including strategies

  2  for implementation of recommended changes; and

  3         (c)  Evaluate and report the results of these efforts

  4  to the Legislature and others.

  5         (3)  Enhance and promote recognition, reward, and

  6  renewal activities for nurses in the state by:

  7         (a)  Promoting nursing excellence programs such as

  8  magnet recognition by the American Nurses Credentialing

  9  Center;

10         (b)  Proposing and creating additional reward,

11  recognition, and renewal activities for nurses; and

12         (c)  Promoting media and positive image-building

13  efforts for nursing.

14         Section 34.  Section 464.0196, Florida Statutes, is

15  created to read:

16         464.0196  Florida Center for Nursing; board of

17  directors.--

18         (1)  The Florida Center for Nursing shall be governed

19  by a policy-setting board of directors. The board shall

20  consist of 16 members, with a simple majority of the board

21  being nurses representative of various practice areas. Other

22  members shall include representatives of other health care

23  professions, business and industry, health care providers, and

24  consumers. The members of the board shall be appointed by the

25  Governor as follows:

26         (a)  Four members recommended by the President of the

27  Senate, at least one of whom shall be a registered nurse

28  recommended by the Florida Organization of Nurse Executives

29  and at least one other representative of the hospital industry

30  recommended by the Florida Hospital Association;

31

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  1         (b)  Four members recommended by the Speaker of the

  2  House of Representatives, at least one of whom shall be a

  3  registered nurse recommended by the Florida Nurses Association

  4  and at least one other representative of the long-term care

  5  industry;

  6         (c)  Four members recommended by the Governor, two of

  7  whom shall be registered nurses; and

  8         (d)  Four nurse educators recommended by the State

  9  Board of Education, one of whom shall be a dean of a College

10  of Nursing at a state university, one other shall be a

11  director of a nursing program in a state community college.

12         (2)  The initial terms of the members shall be as

13  follows:

14         (a)  Of the members appointed pursuant to paragraph

15  (1)(a), two shall be appointed for terms expiring June 30,

16  2005, one for a term expiring June 30, 2004, and one for a

17  term expiring June 30, 2003.

18         (b)  Of the members appointed pursuant to paragraph

19  (1)(b), one shall be appointed for a term expiring June 30,

20  2005, two for terms expiring June 30, 2004, and one for a term

21  expiring June 20, 2003.

22         (c)  Of the members appointed pursuant to paragraph

23  (1)(c), one shall be appointed for a term expiring June 30,

24  2005, one for a term expiring June 30, 2004, and two for terms

25  expiring June 30, 2003.

26         (d)  Of the members appointed pursuant to paragraph

27  (1)(d), the terms of two members recommended by the State

28  Board of Education shall expire June 30, 2005; the term of the

29  member who is a dean of a College of Nursing at a state

30  university shall expire June 30, 2004; and the term of the

31

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  1  member who is a director of a state community college nursing

  2  program shall expire June 30, 2003.

  3

  4  After the initial appointments expire, the terms of all the

  5  members shall be for 3 years, with no member serving more than

  6  two consecutive terms.

  7         (3)  The board shall have the following powers and

  8  duties:

  9         (a)  To employ an executive director.

10         (b)  To determine operational policy.

11         (c)  To elect a chair and officers, to serve 2-year

12  terms. The chair and officers may not succeed themselves.

13         (d)  To establish committees of the board as needed.

14         (e)  To appoint a multidisciplinary advisory council

15  for input and advice on policy matters.

16         (f)  To implement the major functions of the center as

17  established in the goals set out in s. 464.0195.

18         (g)  To seek and accept nonstate funds for sustaining

19  the center and carrying out center policy.

20         (4)  The members of the board are entitled to receive

21  per diem and allowances prescribed by law for state boards and

22  commissions.

23         Section 35.  Section 464.0197, Florida Statutes, is

24  created to read:

25         464.0197  Florida Center for Nursing; state budget

26  support.--The Legislature finds that it is imperative that the

27  state protect its investment and progress made in nursing

28  efforts to date. The Legislature finds that the Florida Center

29  for Nursing is the appropriate means to do so. The center

30  shall have state budget support for its operations so that it

31

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  1  may have adequate resources for the tasks the Legislature has

  2  set out in s. 464.0195.

  3         Section 36.  The Board of Nursing within the Department

  4  of Health shall hold in abeyance until July 1, 2002, the

  5  development of any rule pursuant to s. 464.019(2), Florida

  6  Statutes, which relates to the establishment of

  7  faculty/student clinical ratios. The Board of Nursing and the

  8  Department of Education shall submit to the President of the

  9  Senate and the Speaker of the House of Representatives by

10  December 31, 2001, an implementation plan that details both

11  the impact and the cost of any such proposed rule change.

12         Section 37.  Subsection (1) of section 464.0205,

13  Florida Statutes, is amended to read:

14         464.0205  Retired volunteer nurse certificate.--

15         (1)  Any retired practical or registered nurse desiring

16  to serve indigent, underserved, or critical need populations

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

18  volunteer nurse certificate by providing:

19         (a)  A complete application.

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

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

22  licensed to practice nursing in any jurisdiction in the United

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

24  intends to practice nursing only pursuant to the limitations

25  provided by the retired volunteer nurse certificate, and has

26  not committed any act that would constitute a violation under

27  s. 464.018(1).

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

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

30         Section 38.  The Florida Legislature's Office of

31  Program Policy Analysis and Government Accountability shall

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  1  study the feasibility of maintaining the entire Medical

  2  Quality Assurance function, including enforcement, within one

  3  department, as recommended by the Auditor General in

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

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

  6  30, 2001.

  7         Section 39.  Effective October 1, 2001, section

  8  456.0375, Florida Statutes, is created to read:

  9         456.0375  Registration of certain clinics;

10  requirements; discipline; exemptions.--

11         (1)(a)  As used in this section, the term "clinic"

12  means a business operating in a single structure or facility

13  or group of adjacent structures or facilities operating under

14  the same business name or management at which health care

15  services are provided to individuals and which tenders charges

16  for reimbursement for such services.

17         (b)  For purposes of this section, the term "clinic"

18  does not include and the registration requirements in this

19  section do not apply to:

20         1.  Entities licensed or registered by the state

21  pursuant to chapter 390, chapter 394, chapter 395, chapter

22  397, chapter 400, chapter 463, chapter 465, chapter 466,

23  chapter 478, chapter 480, or chapter 484.

24         2.  Entities exempt from federal taxation under 26

25  U.S.C. s. 501(c)(3).

26         3.  Sole proprietorships, group practices,

27  partnerships, or corporations which provide health care

28  services by licensed health care practitioners pursuant to

29  chapter 457, chapter 458, chapter 459, chapter 460, chapter

30  461, chapter 462, chapter 463, chapter 466, chapter 467,

31  chapter 484, chapter 486, chapter 490, or chapter 491; part I,

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  1  part III, part X, part XIII, or part XIV of chapter 468; or s.

  2  464.012, which are wholly owned by licensed health care

  3  practitioners or wholly owned by licensed health care

  4  practitioners and the spouse, parent, or child of a licensed

  5  health care practitioner, so long as one of the owners who is

  6  a licensed health care practitioner is supervising the

  7  services performed therein and is legally responsible for the

  8  entity's compliance with all federal and state laws. However,

  9  no health care practitioner may supervise services beyond the

10  scope of the practitioner's license.

11         (2)(a)  Every clinic, as defined in paragraph (1)(a),

12  must register, and at all times maintain a valid registration,

13  with the department. Each clinic location must be registered

14  separately even though operated under the same business name

15  or management, and each clinic must appoint a medical director

16  or clinic director.

17         (b)  The department shall adopt rules necessary to

18  administer the registration program, including rules

19  establishing the specific registration procedures, forms, and

20  fees. Registration may be conducted electronically.

21  Registration fees must be calculated to reasonably cover the

22  cost of registration and must be of such amount that the total

23  fees collected do not exceed the cost of administering and

24  enforcing compliance with this section. The registration

25  program must require:

26         1.  The clinic to file the registration form with the

27  department within 60 days after the effective date of this

28  section or prior to the inception of operation. The

29  registration expires automatically 2 years after its date of

30  issuance and must be renewed biennially thereafter.

31

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  1         2.  The registration form to contain the name,

  2  residence, and business address, phone number, and license

  3  number of the medical director or clinic director for the

  4  clinic.

  5         3.  The clinic to display the registration certificate

  6  in a conspicuous location within the clinic which is readily

  7  visible to all patients.

  8         (3)(a)  Each clinic must employ or contract with a

  9  physician maintaining a full and unencumbered physician

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

11  460, or chapter 461 to serve as the medical director. However,

12  if the clinic is limited to providing health care services

13  pursuant to chapter 457, chapter 484, chapter 486, chapter

14  490, or chapter 491 or part I, part III, part X, part XIII, or

15  part XIV of chapter 468, the clinic may appoint a health care

16  practitioner licensed under that chapter to serve as the

17  clinic director who is responsible for the clinic's

18  activities. A health care practitioner may not serve as the

19  clinic director if the services provided at the clinic are

20  beyond the scope of that practitioner's license.

21         (b)  The medical director or clinic director must agree

22  in writing to accept responsibility for the following

23  activities on behalf of the clinic. The medical director or

24  the clinic director shall:

25         1.  Have signs identifying the medical director or

26  clinic director posted in a conspicuous location within the

27  clinic which is readily visible to all patients.

28         2.  Ensure that all practitioners providing health care

29  services or supplies to patients maintain a current, active,

30  and unencumbered Florida license.

31

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  1         3.  Review any patient-referral contracts or agreements

  2  executed by the clinic.

  3         4.  Ensure that all health care practitioners at the

  4  clinic have active appropriate certification or licensure for

  5  the level of care being provided.

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

  7  456.057.

  8         6.  Ensure compliance with the recordkeeping, office

  9  surgery, and adverse incident reporting requirements of

10  chapter 456, the respective practice acts, and the rules

11  adopted thereunder.

12         7.  Conduct systematic reviews of clinic billings to

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

14  discovery of an unlawful charge, the medical director or

15  clinic director must take immediate corrective action.

16         (c)  Any contract to serve as a medical director or

17  clinic director entered into or renewed by a physician or

18  licensed health care practitioner in violation of this section

19  is void as contrary to public policy. This section applies to

20  contracts entered into or renewed on or after the effective

21  date of this section.

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

23  shall adopt rules specifying limitations on the number of

24  registered clinics and licensees for which a medical director

25  or clinic director may assume responsibility for purposes of

26  this section. In determining the quality of supervision a

27  medical director or clinic director can provide, the

28  department shall consider the number of clinic employees, the

29  clinic location, and the services provided by the clinic.

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

31  on behalf of a clinic that is required to be registered under

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  1  this section but that is not so registered are unlawful

  2  charges and therefore are noncompensable and unenforceable.

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

  4  unregistered clinic otherwise required to be registered under

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

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

  7         (c)  Any licensed health care practitioner who violates

  8  this section is subject to discipline in accordance with this

  9  chapter and the respective practice act.

10         (d)  The department shall revoke the registration of

11  any clinic registered under this section for operating in

12  violation of the requirements of this section or the rules

13  adopted pursuant to this section.

14         (e)  The department shall investigate allegations of

15  noncompliance with this section and the rules adopted pursuant

16  to this section.

17         Section 40.  The sum of $100,000 is appropriated from

18  the registration fees collected from clinics pursuant to s.

19  456.0375, Florida Statutes, and one-half of one full-time

20  equivalent position is authorized, to the Department of Health

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

22  456.0375, Florida Statutes. The appropriated funds shall be

23  deposited into the Medical Quality Assurance Trust Fund.

24         Section 41.  Subsection (3) of section 456.031, Florida

25  Statutes, is amended to read:

26         456.031  Requirement for instruction on domestic

27  violence.--

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

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

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

31  licensee or certificateholder has completed an approved

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  1  domestic violence course in the immediately preceding

  2  biennium.

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

  4  subsection (1), a person licensed under chapter 466 who has

  5  completed an approved domestic-violence education course in

  6  the immediately preceding 2 years may complete a course

  7  approved by the Board of Dentistry.

  8         Section 42.  Subsection (9) of section 456.033, Florida

  9  Statutes, is amended to read:

10         456.033  Requirement for instruction for certain

11  licensees on human immunodeficiency virus and acquired immune

12  deficiency syndrome.--

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

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

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

16  licensee completed an approved AIDS/HIV course in the

17  immediately preceding biennium.

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

19  subsection (1), a person licensed under chapter 466 who has

20  completed an approved AIDS/HIV course in the immediately

21  preceding 2 years may complete a course approved by the Board

22  of Dentistry.

23         Section 43.  (1)  Subsection (9) is added to section

24  627.419, Florida Statutes, to read:

25         627.419  Construction of policies.--

26         (9)  With respect to any group or individual insurer

27  covering dental services, each claimant, or dentist acting for

28  a claimant, who has had a claim denied as not medically or

29  dentally necessary or who has had a claim payment based on an

30  alternate dental service in accordance with accepted dental

31  standards for adequate and appropriate care must be provided

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  1  an opportunity for an appeal to the insurer's licensed dentist

  2  who is responsible for the medical necessity reviews under the

  3  plan or is a member of the plan's peer review group. The

  4  appeal may be by telephone, and the insurer's dentist must

  5  respond within a reasonable time, not to exceed 15 business

  6  days.

  7         (2)  This section shall apply to policies issued or

  8  renewed on or after July 1, 2001.

  9         Section 44.  Paragraph (c) of subsection (6) of section

10  468.302, Florida Statutes, is amended to read:

11         468.302  Use of radiation; identification of certified

12  persons; limitations; exceptions.--

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

14         (c)  A person who is trained and skilled in invasive

15  cardiovascular cardiopulmonary technology, including the

16  radiologic technology duties associated with these procedures,

17  and who provides invasive cardiovascular cardiopulmonary

18  technology services at the direction, and under the direct

19  supervision, of a licensed practitioner who is trained and

20  skilled in performing invasive cardiovascular procedures. Such

21  persons must have successfully completed a didactic and

22  clinical training program in the following areas before

23  performing radiologic technology duties:

24         1.  Principles of X-ray production and equipment

25  operation.

26         2.  Biological effects of radiation.

27         3.  Radiation exposure and monitoring.

28         4.  Radiation safety and protection.

29         5.  Evaluation of radiographic equipment and

30  accessories.

31         6.  Radiographic exposure and technique factors.

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  1         7.  Film processing.

  2         8.  Image quality assurance.

  3         9.  Patient positioning.

  4         10.  Administration and complications of contrast

  5  media.

  6         11.  Specific fluoroscopic and digital X-ray imaging

  7  procedures related to invasive cardiovascular technology.

  8         Section 45.  Subsections (8) and (9) of section

  9  468.352, Florida Statutes, are amended to read:

10         468.352  Definitions.--As used in this part, unless the

11  context otherwise requires, the term:

12         (8)  "Registered respiratory therapist" means any

13  person licensed pursuant to this part who is employed to

14  deliver respiratory care services under the order of a

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

16  in accordance with protocols established by a hospital, other

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

18  situations of unsupervised patient contact requiring

19  individual judgment.

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

21  care practitioner" means any person licensed pursuant to this

22  part who is employed to deliver respiratory care services

23  under the order of a physician licensed pursuant to chapter

24  458 or chapter 459, and in accordance with protocols

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

26  board.

27         Section 46.  Subsections (1) and (2) of section

28  468.355, Florida Statutes, are amended to read:

29         468.355  Eligibility for licensure; temporary

30  licensure.--

31

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

  2  certified respiratory therapist respiratory care practitioner,

  3  an applicant must:

  4         (a)  Be at least 18 years old.

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

  6  equivalency diploma.

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

  8         1.  The applicant has successfully completed a training

  9  program for respiratory therapy technicians or respiratory

10  therapists approved by the Commission on Accreditation of

11  Allied Health Education Programs, or the equivalent thereof,

12  as accepted by the board.

13         2.  The applicant is currently a "Certified Respiratory

14  Therapist Therapy Technician" certified by the National Board

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

16  by the board.

17         3.  The applicant is currently a "Registered

18  Respiratory Therapist" registered by the National Board for

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

20  the board.

21

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

23  notwithstanding, the board shall periodically review the

24  examinations and standards of the National Board for

25  Respiratory Care and may reject those examinations and

26  standards if they are deemed inappropriate.

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

28  registered respiratory therapist, an applicant must:

29         (a)  Be at least 18 years old.

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

31  equivalency diploma.

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

  2         1.  The applicant has successfully completed a training

  3  program for registered respiratory therapists approved by the

  4  Commission on Accreditation of Allied Health Education

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

  6         2.  The applicant is currently a "Registered

  7  Respiratory Therapist" registered by the National Board for

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

  9  the board.

10

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

12  notwithstanding, the board shall periodically review the

13  examinations and standards of the National Board for

14  Respiratory Care and may reject those examinations and

15  standards if they are deemed inappropriate.

16         Section 47.  Section 468.357, Florida Statutes, is

17  amended to read:

18         468.357  Licensure by examination.--

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

20  respiratory therapist respiratory care practitioner may submit

21  an application to take the examination, in accordance with

22  board rule.

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

24  determined by the board to have:

25         1.  Completed the application form and remitted the

26  applicable fee set by the board;

27         2.  Submitted required documentation as required in s.

28  468.355; and

29         3.  Remitted an examination fee set by the examination

30  provider.

31

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  1         (b)  Examinations for licensure of certified

  2  respiratory therapist respiratory care practitioners must be

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

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

  5  majority of the applicants.

  6         (c)  The examination given for certified respiratory

  7  therapist respiratory care practitioners shall be the same as

  8  that given by the National Board for Respiratory Care for

  9  entry-level certification of respiratory therapists therapy

10  technicians.  However, an equivalent examination may be

11  accepted by the board in lieu of that examination.

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

13  entitled to licensure as a certified respiratory therapist

14  respiratory care practitioner, and the department shall issue

15  a license pursuant to this part to any applicant who

16  successfully completes the examination in accordance with this

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

18  any applicant who is under investigation in another

19  jurisdiction for an offense which would constitute a violation

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

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

22  provisions of s. 468.365 will apply.

23         Section 48.  Subsections (1) and (2) of section

24  468.358, Florida Statutes, are amended to read:

25         468.358  Licensure by endorsement.--

26         (1)  Licensure as a certified respiratory therapist

27  respiratory care practitioner shall be granted by endorsement

28  to an individual who holds the "Certified Respiratory

29  Therapist Therapy Technician" credential issued by the

30  National Board for Respiratory Care or an equivalent

31  credential acceptable to the board. Licensure by this

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  1  mechanism requires verification by oath and submission of

  2  evidence satisfactory to the board that such credential is

  3  held.

  4         (2)  Licensure as a registered respiratory therapist

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

  6  "Registered Respiratory Therapist" credential issued by the

  7  National Board for Respiratory Care or an equivalent

  8  credential acceptable to the board. Licensure by this

  9  mechanism requires verification by oath and submission of

10  evidence satisfactory to the board that such credential is

11  held.

12         Section 49.  Section 468.359, Florida Statutes, is

13  amended to read:

14         468.359  Assumption of title and use of

15  abbreviations.--

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

17  part as respiratory care practitioners have the right to use

18  the title "Respiratory Care Practitioner" and the abbreviation

19  "RCP."

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

21  part as registered respiratory therapists have the right to

22  use the title "Registered Respiratory Therapist" and the

23  abbreviation "RRT," when delivering services pursuant to this

24  part provided such persons have passed the Registry

25  Examination for Respiratory Therapists given by the National

26  Board for Respiratory Care.

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

28  part as certified respiratory therapists have the right to use

29  the title "Certified Respiratory Therapist" and the

30  abbreviation "CRT" when delivering services pursuant to this

31  part. graduates of board-approved programs for respiratory

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  1  care practitioners may use the term "Graduate Respiratory

  2  Therapy Technician" and the abbreviation "GRTT."

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

  4  programs for respiratory therapists may use the term "Graduate

  5  Respiratory Therapist" and the abbreviation "GRT."

  6         (4)(5)  No person in this state shall deliver

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

  8  of, respiratory care practitioner, certified respiratory

  9  therapist, or registered respiratory therapist; or use the

10  abbreviation "RCP," "CRT," or "RRT" that would lead the public

11  to believe that such person is licensed pursuant to this part

12  unless such person is so licensed; or take any other action

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

14  licensed pursuant to this part unless such person is so

15  licensed.

16         Section 50.  Subsections (2), (3), and (4) of section

17  468.1155, Florida Statutes, are amended to read:

18         468.1155  Provisional license; requirements.--

19         (2)  The department shall issue a provisional license

20  to practice speech-language pathology to each applicant who

21  the board certifies has:

22         (a)  Completed the application form and remitted the

23  required fees, including a nonrefundable application fee.

24         (b)  Received a master's degree or is currently

25  enrolled in a doctoral degree program with a major emphasis in

26  speech-language pathology from an institution of higher

27  learning which is, or at the time the applicant was enrolled

28  and graduated, was, accredited by an accrediting agency

29  recognized by the Council for Higher Education Commission on

30  Recognition of Postsecondary Accreditation or from an

31  institution which is publicly recognized as a member in good

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  1  standing with the Association of Universities and Colleges of

  2  Canada.  An applicant who graduated from or is currently

  3  enrolled in a program at a university or college outside the

  4  United States or Canada must present documentation of the

  5  determination of equivalency to standards established by the

  6  Council for Higher Education Commission on Recognition of

  7  Postsecondary Accreditation in order to qualify.  The

  8  applicant must have completed 60 semester hours that include:

  9         1.  Fundamental information applicable to the normal

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

11  information about training in management of speech, hearing,

12  and language disorders; and information supplementary to these

13  fields.

14         2.  Six semester hours in audiology.

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

16  acceptable toward a graduate degree by the college or

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

18  semester hours must be in speech-language pathology.

19         (c)  Completed 300 supervised clinical clock hours with

20  200 clock hours in the area of speech-language pathology or

21  completed the number of clock hours required by an accredited

22  institution meeting national certification standards.  The

23  supervised clinical clock hours shall be completed within the

24  training institution or one of its cooperating programs.

25         (3)  The department shall issue a provisional license

26  to practice audiology to each applicant who the board

27  certifies has:

28         (a)  Completed the application form and remitted the

29  required fees, including a nonrefundable application fee.

30         (b)  Received a master's degree or is currently

31  enrolled in a doctoral degree program with a major emphasis in

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  1  audiology from an institution of higher learning which is, or

  2  at the time the applicant was enrolled and graduated was,

  3  accredited by an accrediting agency recognized by the Council

  4  for Higher Education Commission on Recognition of

  5  Postsecondary Accreditation or from an institution which is

  6  publicly recognized as a member in good standing with the

  7  Association of Universities and Colleges of Canada. An

  8  applicant who graduated from or is currently enrolled in a

  9  program at a university or college outside the United States

10  or Canada must present documentation of the determination of

11  equivalency to standards established by the Council for Higher

12  Education Commission on Recognition of Postsecondary

13  Accreditation in order to qualify.  The applicant must have

14  completed 60 semester hours that include:

15         1.  Fundamental information applicable to the normal

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

17  information about training in management of speech, hearing,

18  and language disorders; and information supplementary to these

19  fields.

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

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

22  acceptable toward a graduate degree by the college or

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

24  semester hours must be in audiology.

25         (c)  Completed 300 supervised clinical clock hours with

26  200 clock hours in the area of audiology or completed the

27  number of clock hours required by an accredited institution

28  meeting national certification standards.  The supervised

29  clinical clock hours shall be completed within the training

30  institution or one of its cooperating programs.

31

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

  2  received a master's degree or is currently enrolled in a

  3  doctoral degree program with a major emphasis in

  4  speech-language pathology as provided in subsection (2), or

  5  audiology as provided in subsection (3), and who seeks

  6  licensure in the area in which the applicant is not currently

  7  licensed, must have completed 30 semester hours in courses

  8  acceptable toward a graduate degree and 200 supervised

  9  clinical clock hours in the second discipline from an

10  accredited institution.

11         Section 51.  Paragraph (b) of subsection (1) and

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

13  Statutes, are amended to read:

14         468.1215  Speech-language pathology assistant and

15  audiology assistant; certification.--

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

17  speech-language pathology assistant to each applicant who the

18  board certifies has:

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

20  university accredited by a regional association of colleges

21  and schools recognized by the Department of Education which

22  includes at least 24 semester hours of coursework as approved

23  by the board at an institution accredited by an accrediting

24  agency recognized by the Council for Higher Education

25  Commission on Recognition of Postsecondary Accreditation.

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

27  audiology assistant to each applicant who the board certifies

28  has:

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

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

31  accrediting agency recognized by the Council for Higher

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  1  Education Commission on Recognition of Postsecondary

  2  Accreditation.

  3         Section 52.  Subsection (3) of section 480.033, Florida

  4  Statutes, is amended to read:

  5         480.033  Definitions.--As used in this act:

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

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

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

  9  hydrotherapy, including colonic irrigation, or thermal

10  therapy; any electrical or mechanical device; or the

11  application to the human body of a chemical or herbal

12  preparation.

13         Section 53.  Subsection (1) of section 484.0445,

14  Florida Statutes, is amended to read:

15         484.0445  Training program.--

16         (1)  The board shall establish by rule a training

17  program for a minimum not to exceed 6 months in length, which

18  may include a board-approved home study course.  Upon

19  submitting to the department the registration fee, the

20  applicant may register and enter the training program.  Upon

21  completion of the training program, the trainee shall take the

22  first available written and practical examinations offered by

23  the department.  The department shall administer the written

24  and practical examinations as prescribed by board rule.  If

25  the trainee fails either the written or the practical

26  examination, she or he may repeat the training program one

27  time and retake the failed examination, provided she or he

28  takes the next available examination.  No person may remain in

29  trainee status or further perform any services authorized for

30  a trainee if she or he fails either the written or the

31  practical examination twice; but, a trainee may continue to

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  1  function as a trainee until she or he has received the results

  2  of the examinations.  Any applicant who has failed an

  3  examination twice and is no longer functioning as a trainee

  4  shall be eligible for reexamination as provided in s.

  5  484.045(2).

  6         Section 54.  Section 484.045, Florida Statutes, is

  7  amended to read:

  8         484.045  Licensure by examination.--

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

10  aid specialist shall apply to the department on a form

11  approved by the department to take the licensure examination,

12  which shall include a clinical practical component.

13         (2)  The department shall license examine each

14  applicant who the board certifies:

15         (a)  Has completed the application form and remitted

16  the required fees applicable fee to the board and has paid the

17  examination fee;

18         (b)  Is of good moral character;

19         (c)  Is 18 years of age or older;

20         (d)  Is a graduate of an accredited high school or its

21  equivalent; and

22         (e)1.  Has met the requirements of the training program

23  set forth in s. 484.0445; or

24         2.a.  Has a valid, current license as a hearing aid

25  specialist or its equivalent from another state and has been

26  actively practicing in such capacity for at least 12 months;

27  or

28         b.  Is currently certified by the National Board for

29  Certification in Hearing Instrument Sciences and has been

30  actively practicing for at least 12 months. Persons qualifying

31  under this sub-subparagraph need not take the written or

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  1  practical examination, but must take and pass a test on

  2  Florida laws and rules relating to the fitting and dispensing

  3  of hearing aids.

  4         (f)  Has passed an examination, as prescribed by board

  5  rule; and

  6         (g)  Has demonstrated, in a manner designated by rule

  7  of the board, knowledge of state laws and rules relating to

  8  the fitting and dispensing of hearing aids.

  9         (3)  A person who fails the examination may make

10  application for reexamination to the appropriate examining

11  entity, as prescribed by board rule.

12         (2)  On or after October 1, 1990, every applicant who

13  is qualified to take the examination shall be allowed to take

14  the examination three times. If, after October 1, 1990, an

15  applicant fails the examination three times, the applicant

16  shall no longer be eligible to take the examination.

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

18  dispensing hearing aids to any applicant who successfully

19  completes the examination in accordance with this section.

20         Section 55.  Subsection (1) of section 490.012, Florida

21  Statutes, is amended to read:

22         490.012  Violations; penalties; injunction.--

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

24  any professional title, name, or description incorporating the

25  word "psychologist" unless such person holds a valid, active

26  license as a psychologist under this chapter.

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

28  professional title, name, or description incorporating the

29  words "school psychologist" unless such person holds a valid,

30  active license as a school psychologist under this chapter or

31

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  1  is certified as a school psychologist by the Department of

  2  Education.

  3         (c)(a)  No person shall hold herself or himself out by

  4  any title or description incorporating the words, or

  5  permutations of them, "psychologist," "psychology,"

  6  "psychological," or "psychodiagnostic," or "school

  7  psychologist," or describe any test or report as

  8  psychological, unless such person holds a valid, active

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

10  this chapter.

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

12  any title or description incorporating the word, or a

13  permutation of the word, "psychotherapy" unless such person

14  holds a valid, active license under chapter 458, chapter 459,

15  chapter 490, or chapter 491, or such person is certified as an

16  advanced registered nurse practitioner, pursuant to s.

17  464.012, who has been determined by the Board of Nursing as a

18  specialist in psychiatric mental health.

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

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

21  any title or description which indicates licensure other than

22  that which has been granted to her or him.

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

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

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

26  775.082 or s. 775.083.  Any person who violates any provision

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

28  action under s. 490.009.

29         Section 56.  Section 490.014, Florida Statutes, is

30  amended to read:

31         490.014  Exemptions.--

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

  2  to limit the practice of physicians licensed pursuant to

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

  4  themselves out to the public as psychologists or use a

  5  professional title protected by this chapter.

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

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

  8  and family therapy, mental health counseling, or other

  9  recognized businesses or professions, or to prevent qualified

10  members of other professions from doing work of a nature

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

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

13  or description protected by this chapter.  Nothing in this

14  subsection shall be construed to exempt any person from the

15  provisions of s. 490.012.

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

17  provisionally licensed under this chapter who:

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

19  developmental services program, mental health, alcohol, or

20  drug abuse facility operating pursuant to chapter 393, chapter

21  394, or chapter 397; subsidized child care program, subsidized

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

23  referral program operating pursuant to chapter 402;

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

25  chapter 409; domestic violence center certified pursuant to

26  chapter 39; accredited academic institution; or research

27  institution, if such employee is performing duties for which

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

29  such agency, facility, or institution, so long as the employee

30  is not held out to the public as a psychologist pursuant to s.

31  490.012(1)(a).

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

  2  organization providing counseling services to children, youth,

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

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

  5  trained and hired, so long as the employee is not held out to

  6  the public as a psychologist pursuant to s. 490.012(1)(a).

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

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

  9  by this chapter who is providing services in a training

10  setting, provided such activities or services constitute part

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

12  the experience required for any licensure under this chapter,

13  provided such graduate or student is designated by a title

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

15  in-training status of the student.

16         (d)  Is certified in school psychology by the

17  Department of Education and is performing psychological

18  services as an employee of a public or private educational

19  institution.  Such exemption shall not be construed to

20  authorize any unlicensed practice which is not performed as a

21  direct employee of an educational institution.

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

23  in this state, provided:

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

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

26  and

27         2.  Such nonresident is licensed or certified by a

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

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

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

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

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

  2  opinion of the board.

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

  4  clergy of any religious denomination or sect when engaging in

  5  activities which are within the scope of the performance of

  6  his or her regular or specialized ministerial duties and for

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

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

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

10  an established and legally cognizable church, denomination, or

11  sect, and when the person rendering service remains

12  accountable to the established authority thereof.

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

14  limit the practice of any individual who solely engages in

15  behavior analysis so long as he or she does not hold himself

16  or herself out to the public as possessing a license issued

17  pursuant to this chapter or use a title or description

18  protected by this chapter.

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

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

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

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

23  under this chapter whose license has been suspended or revoked

24  by the board or another jurisdiction.

25         Section 57.  Paragraphs (i), (j), and (k) of subsection

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

27         491.012  Violations; penalty; injunction.--

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

29  any person to:

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

31  the practice is defined in s. 491.003(7), for compensation,

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  1  unless the person holds a valid, active license to practice

  2  clinical social work issued pursuant to this chapter or is an

  3  intern registered pursuant to s. 491.0045.

  4         (j)  Practice marriage and family therapy in this

  5  state, as the practice is defined in s. 491.003(8), for

  6  compensation, unless the person holds a valid, active license

  7  to practice marriage and family therapy issued pursuant to

  8  this chapter or is an intern registered pursuant to s.

  9  491.0045.

10         (k)  Practice mental health counseling in this state,

11  as the practice is defined in s. 491.003(9), for compensation,

12  unless the person holds a valid, active license to practice

13  mental health counseling issued pursuant to this chapter or is

14  an intern registered pursuant to s. 491.0045.

15         Section 58.  Paragraphs (a) and (b) of subsection (4)

16  of section 491.014, Florida Statutes, are amended to read:

17         491.014  Exemptions.--

18         (4)  No person shall be required to be licensed,

19  provisionally licensed, registered, or certified under this

20  chapter who:

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

22  developmental services program, mental health, alcohol, or

23  drug abuse facility operating pursuant to chapter 393, chapter

24  394, or chapter 397; subsidized child care program, subsidized

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

26  referral program operating pursuant to chapter 402;

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

28  chapter 409; domestic violence center certified pursuant to

29  chapter 39; accredited academic institution; or research

30  institution, if such employee is performing duties for which

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

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  1  such agency, facility, or institution, so long as the employee

  2  is not held out to the public as a clinical social worker,

  3  mental health counselor, or marriage and family therapist and

  4  does not use a title, name, or description protected by this

  5  chapter.

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

  7  organization providing counseling services to children, youth,

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

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

10  trained and hired, so long as the employee is not held out to

11  the public as a clinical social worker, mental health

12  counselor, or marriage and family therapist and does not use a

13  title, name, or description protected by this chapter.

14         Section 59.  Subsection (4) of section 458.319, Florida

15  Statutes, is amended to read:

16         458.319  Renewal of license.--

17         (4)  Notwithstanding the provisions of s. 456.033, a

18  physician may complete continuing education on end-of-life

19  care and palliative health care in lieu of continuing

20  education in AIDS/HIV, if that physician has completed the

21  AIDS/HIV continuing education in the immediately preceding

22  biennium.

23         Section 60.  Subsection (5) of section 459.008, Florida

24  Statutes, is amended to read:

25         459.008  Renewal of licenses and certificates.--

26         (5)  Notwithstanding the provisions of s. 456.033, an

27  osteopathic physician may complete continuing education on

28  end-of-life and palliative health care in lieu of continuing

29  education in AIDS/HIV, if that physician has completed the

30  AIDS/HIV continuing education in the immediately preceding

31  biennium.

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  1         Section 61.  Subsection (4) of section 765.101, Florida

  2  Statutes, is amended to read:

  3         765.101  Definitions.--As used in this chapter:

  4         (4)  "End-stage condition" means a condition that is

  5  caused by injury, disease, or illness which has resulted in

  6  progressively severe and permanent deterioration, indicated by

  7  incapacity and complete physical dependency, and for which the

  8  patient or resident, or his or her authorized representative,

  9  would consider life-prolonging treatment to be more of a

10  burden than a benefit, to a reasonable degree of medical

11  certainty, treatment of the irreversible condition would be

12  medically ineffective.

13         Section 62.  Subsection (4) of section 765.102, Florida

14  Statutes, is amended to read:

15         765.102  Legislative findings and intent.--

16         (4)  The Legislature recognizes the need for all health

17  care professionals to rapidly increase their understanding of

18  end-of-life and palliative health care. Therefore, the

19  Legislature encourages the professional regulatory boards to

20  adopt appropriate standards and guidelines regarding

21  end-of-life care and pain management and encourages

22  educational institutions established to train health care

23  professionals and allied health professionals to implement

24  curricula to train such professionals to provide end-of-life

25  care, including pain management and palliative care.

26         Section 63.  Section 765.1025, Florida Statutes, is

27  created to read:

28         765.1025  Palliative care.--For purposes of this

29  chapter:

30         (1)  Palliative care is the comprehensive management of

31  the physical, psychological, social, spiritual, and

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  1  existential needs of patients. Palliative care is especially

  2  suited to the care of persons who have incurable, progressive

  3  illness.

  4         (2)  Palliative care must include:

  5         (a)  An opportunity to discuss and plan for end-of-life

  6  care.

  7         (b)  Assurance that physical and mental suffering will

  8  be carefully attended to.

  9         (c)  Assurance that preferences for withholding and

10  withdrawing life-sustaining interventions will be honored.

11         (d)  Assurance that the personal goals of the dying

12  person will be addressed.

13         (e)  Assurance that the dignity of the dying person

14  will be a priority.

15         (f)  Assurance that health care providers will not

16  abandon the dying person.

17         (g)  Assurance that the burden to family and others

18  will be addressed.

19         (h)  Assurance that advance directives for care will be

20  respected regardless of the location of care.

21         (i)  Assurance that organizational mechanisms are in

22  place to evaluate the availability and quality of end-of-life

23  and palliative care services, including the removal of

24  administrative and regulatory barriers.

25         (j)  Assurance that necessary health care services will

26  be provided and that relevant reimbursement policies are

27  available.

28         (k)  Assurance that the goals expressed in paragraphs

29  (a)-(j) will be accomplished in a culturally appropriate

30  manner.

31

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  1         Section 64.  Subsection (2) of section 765.1103,

  2  Florida Statutes, is amended to read:

  3         765.1103  Pain management and palliative care.--

  4         (2)  Health care providers and practitioners regulated

  5  under chapter 458, chapter 459, or chapter 464 must, as

  6  appropriate, comply with a request for pain management or

  7  palliative care from a patient under their care or, for an

  8  incapacitated patient under their care, from a surrogate,

  9  proxy, guardian, or other representative permitted to make

10  health care decisions for the incapacitated patient.

11  Facilities regulated under chapter 400 or chapter 395 must

12  comply with the pain management or palliative care measures

13  ordered by the patient's physician. When the patient is

14  receiving care as an admitted patient of a facility or a

15  provider or is a subscriber of a health care facility, health

16  care provider, or health care practitioner regulated under

17  chapter 395, chapter 400, chapter 458, chapter 459, chapter

18  464, or chapter 641, such facility, provider, or practitioner

19  must, when appropriate, comply with a request for pain

20  management or palliative care from a capacitated patient or an

21  incapacitated patient's health care surrogate or proxy,

22  court-appointed guardian as provided in chapter 744, or

23  attorney in fact as provided in chapter 709. The

24  court-appointed guardian or attorney in fact must have been

25  delegated authority to make health care decisions on behalf of

26  the patient.

27         Section 65.  Paragraph (b) of subsection (1) of section

28  765.205, Florida Statutes, is amended to read:

29         765.205  Responsibility of the surrogate.--

30

31

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  1         (1)  The surrogate, in accordance with the principal's

  2  instructions, unless such authority has been expressly limited

  3  by the principal, shall:

  4         (b)  Consult expeditiously with appropriate health care

  5  providers to provide informed consent, and make only health

  6  care decisions for the principal which he or she believes the

  7  principal would have made under the circumstances if the

  8  principal were capable of making such decisions. This

  9  substituted-judgment standard is the preferred standard of

10  decisionmaking to be used by health care surrogates, persons

11  who have durable powers of attorney for health care, and proxy

12  decisionmakers. However, if there is no indication of what the

13  principal would have chosen, the surrogate, the person who has

14  the durable power of attorney for health care, or the proxy

15  decisionmaker may use a best-interest standard in deciding

16  that proposed treatments are to be withheld or that treatments

17  currently in effect are to be withdrawn.

18         Section 66.  Subsections (2) and (3) of section

19  765.401, Florida Statutes, are amended to read:

20         765.401  The proxy.--

21         (2)  Any health care decision made under this part must

22  be based on the proxy's informed consent and on the decision

23  the proxy reasonably believes the patient would have made

24  under the circumstances. This substituted-judgment standard is

25  the preferred standard of decisionmaking to be used by a

26  proxy. However, if there is no indication of what the patient

27  would have chosen, the proxy may use a best-interest standard

28  in deciding that proposed treatments are to be withheld or

29  that treatments currently in effect are to be withdrawn.

30         (3)  Before exercising the incapacitated patient's

31  rights to select or decline health care, the proxy must comply

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  1  with the provisions of ss. 765.205 and 765.305, except that a

  2  proxy's decision to withhold or withdraw life-prolonging

  3  procedures must be supported by clear and convincing evidence

  4  that the decision would have been the one the patient would

  5  have chosen had the patient been competent or, if there is no

  6  indication of what the patient would have chosen, that the

  7  decision is in the patient's best interest.

  8         Section 67.  The Legislature finds that the area of

  9  physician specialty training is of great importance to the

10  citizens of this state and that specialty training and

11  certification creates a higher level of proficiency for the

12  physician and improves the delivery of health care to

13  Floridians. Because much confusion exists among the patient

14  population and physicians as to the requirements for board

15  certification, the Legislature directs the Department of

16  Health to conduct an interim study of the area of specialty

17  certification for the Board of Medicine and the Board of

18  Osteopathic Medicine. The study should review current Florida

19  Statutes and board rules to determine if any barriers exist in

20  board recognition of certifying and physician-certifying

21  organizations and if restrictions placed on a licensee's

22  speech both target an identifiable harm and mitigate against

23  such harm in a direct and effective manner. A final report

24  shall be provided no later than January 1, 2002, to the

25  President of the Senate and the Speaker of the House of

26  Representatives for distribution to the chairs of the

27  health-care-related committees.

28         Section 68.  Paragraph (d) of subsection (2) of section

29  499.012, Florida Statutes, is amended to read:

30         499.012  Wholesale distribution; definitions; permits;

31  general requirements.--

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  1         (2)  The following types of wholesaler permits are

  2  established:

  3         (d)  A retail pharmacy wholesaler's permit.  A retail

  4  pharmacy wholesaler is a retail pharmacy engaged in wholesale

  5  distribution of prescription drugs within this state under the

  6  following conditions:

  7         1.  The pharmacy must obtain a retail pharmacy

  8  wholesaler's permit pursuant to ss. 499.001-499.081 and the

  9  rules adopted under those sections.

10         2.  The wholesale distribution activity does not exceed

11  30 percent of the total annual purchases of prescription

12  drugs.  If the wholesale distribution activity exceeds the

13  30-percent maximum, the pharmacy must obtain a prescription

14  drug wholesaler's permit.

15         3.  The transfer of prescription drugs that appear in

16  any schedule contained in chapter 893 is subject to chapter

17  893 and the federal Comprehensive Drug Abuse Prevention and

18  Control Act of 1970.

19         4.  The transfer is between a retail pharmacy and

20  another retail pharmacy, a Modified Class II institutional

21  pharmacy, or a health care practitioner licensed in this state

22  and authorized by law to dispense or prescribe prescription

23  drugs.

24         5.  All records of sales of prescription drugs subject

25  to this section must be maintained separate and distinct from

26  other records and comply with the recordkeeping requirements

27  of ss. 499.001-499.081.

28         Section 69.  Except as otherwise provided herein, this

29  act shall take effect July 1, 2001.

30

31

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