Senate Bill sb1250c1

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    Florida Senate - 2002                           CS for SB 1250

    By the Committee on Education; and Senator Miller





    304-2161-02

  1                      A bill to be entitled

  2         An act relating to public school health care

  3         services; creating s. 381.00593, F.S.; creating

  4         a public school volunteer health care

  5         practitioner program; providing a short title;

  6         providing purpose; providing a definition;

  7         providing for waiver of biennial active license

  8         renewal fees and fulfillment of continuing

  9         education hours for specified health care

10         practitioners who provide their services,

11         without compensation, in the public schools;

12         providing program and eligibility requirements;

13         providing immunity from liability and workers'

14         compensation protection; providing for payment

15         of any resulting increase in liability

16         insurance premiums; providing administrative

17         responsibilities; providing rulemaking

18         authority; providing for implementation;

19         providing an effective date.

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

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23         Section 1.  Section 381.00593, Florida Statutes, is

24  created to read:

25         381.00593  Public school volunteer health care

26  practitioner program.--

27         (1)  This section may be cited as the "Public School

28  Volunteer Health Care Practitioner Act."

29         (2)  The purpose of this section is to establish a

30  public school volunteer health care practitioner program with

31  incentives and coordinate the program with the "School Health

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    Florida Senate - 2002                           CS for SB 1250
    304-2161-02




  1  Services Act," pursuant to s. 381.0056, to encourage health

  2  care practitioners to provide their services, without

  3  compensation, in the public schools, and such program is

  4  intended to complement other programs designed to provide

  5  health services or increase the level of health care in the

  6  public schools.

  7         (3)  For purposes of this section, the term "health

  8  care practitioner" means a physician licensed under chapter

  9  458; an osteopathic physician licensed under chapter 459; a

10  chiropractic physician licensed under chapter 460; a podiatric

11  physician licensed under chapter 461; a practitioner of

12  optometry licensed under chapter 463; an advanced registered

13  nurse practitioner, registered nurse, or licensed practical

14  nurse licensed under chapter 464; a pharmacist licensed under

15  chapter 465; a dentist or dental hygienist licensed under

16  chapter 466; a midwife practitioner licensed under chapter

17  467; a speech-language pathologist and audiologist licensed

18  under chapter 468, part I; or a physical therapist licensed

19  under chapter 486.

20         (4)(a)  Notwithstanding any provision of chapter 458;

21  chapter 459; chapter 460; chapter 461; chapter 463; chapter

22  464; chapter 465; chapter 466; chapter 467; chapter 468, part

23  I; and chapter 486 to the contrary, any health care

24  practitioner who participates in the program established in

25  this section and thereby agrees to provide his or her

26  services, without compensation, in a public school for at

27  least 80 hours a year for each school year during the biennial

28  licensure period, or, if the health care practitioner is

29  retired, for at least 400 hours a year for each school year

30  during the licensure period shall be eligible for the

31  following:

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    Florida Senate - 2002                           CS for SB 1250
    304-2161-02




  1         1. The biennial license renewal fee for an active

  2  license is waived; and

  3         2. A maximum of 25 percent of the continuing education

  4  hours required for license renewal may be fulfilled by

  5  participating in this program, pursuant to s. 456.013(9).

  6

  7  The school district may establish a schedule for health care

  8  practitioners who participate in the program.

  9         (b)  A health care practitioner must complete all forms

10  and procedures for participation in the program prior to the

11  applicable license renewal date, and a health care

12  practitioner who fails at any time during the applicable

13  licensure period to provide the services agreed to under

14  paragraph (a) shall be required to pay the entire biennial

15  licensure fee that was waived for that licensure period.

16         (5)  To participate in the program, a health care

17  practitioner must:

18         (a)  Have a valid, active license to practice his or

19  her profession in this state.

20         (b)  Submit fingerprints and have a background

21  screening in accordance with the requirements of s. 381.0059,

22  unless already provided and completed for practitioner

23  licensing, profiling, or credentialing purposes.

24         (6)  The school district, through its self-insurance

25  program, shall bear the cost of any increase in premiums for

26  liability protection for health care practitioners

27  participating in the program other than those employed by the

28  school or school district.

29         (7)(a)  The Department of Health shall have the

30  responsibility to supervise the public school volunteer health

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    Florida Senate - 2002                           CS for SB 1250
    304-2161-02




  1  care practitioner program and perform periodic program reviews

  2  as provided in s. 381.0056(4).

  3         (b)  The Department of Health, in cooperation with the

  4  Department of Education, shall publicize the availability of

  5  the program and its benefits.

  6         (8)  The Department of Health, in cooperation with the

  7  Department of Education, may adopt rules necessary to

  8  implement this section.  The rules shall include the forms to

  9  be completed and procedures to be followed by applicants and

10  school personnel under the program.

11         Section 2.  Implementation of the public school

12  volunteer health care practitioner program under section

13  381.00593, Florida Statutes, as created by this act, shall be

14  according to the following schedule:

15         (1)  The forms and procedures required by section

16  381.00593(8), Florida Statutes, must be completed and

17  distributed to the school districts by November 30, 2002.

18         (2)  Each school district must make the application

19  forms and any other materials required by section

20  381.00593(8), Florida Statutes, available to all public

21  schools in the district within 1 month after the forms and

22  procedures are completed and distributed to the school

23  district.

24         (3)  Publication of the program, as required by section

25  381.00593(7)(b), Florida Statutes, must begin within 1 month

26  after the forms and procedures are completed and distributed

27  to the school district.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 2002                           CS for SB 1250
    304-2161-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1250

  3

  4  The Committee Substitute:

  5  Adds the following health professionals to the list of
    practitioners who may participate in this program:
  6  chiropractors, podiatrists, practitioners of optometry,
    pharmacists, dentists or dental hygienists, midwives, speech
  7  language pathologists, audiologists, and physical therapists.

  8  Adds flexibility by expressing the required volunteer hours in
    terms of hours-per-year instead of hours-per-month. The
  9  requirement is 80 hours per year for active practitioners and
    400 hours per year for retired practitioners.
10
    Adds to the incentive for volunteering. In addition to a fee
11  waiver for license renewal, the practitioner will earn 25
    percent of continuing education hours required for license
12  renewal.

13  Changes the supervising agent of this program from the
    Department of Education to the Department of Health.
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