House Bill hb0355

    Florida House of Representatives - 2002                 HB 355

        By Representatives Cusack, Joyner, Bendross-Mindingall,
    Brutus and Richardson





  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 for specified health care

  9         practitioners who provide their services,

10         without compensation, in the public schools;

11         providing program and eligibility requirements;

12         providing immunity from liability and workers'

13         compensation protection; providing for payment

14         of any resulting increase in liability

15         insurance premiums; providing administrative

16         responsibilities; providing rulemaking

17         authority; providing for implementation;

18         providing an effective date.

19

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

21

22         Section 1.  Section 381.00593, Florida Statutes, is

23  created to read:

24         381.00593  Public school volunteer health care

25  practitioner program.--

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

27  Volunteer Health Care Practitioner Act."

28         (2)  The purpose of this section is to establish an

29  incentive program to encourage health care practitioners to

30  provide their services, without compensation, in the public

31  schools, and such program is intended to complement other

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    Florida House of Representatives - 2002                 HB 355

    799-108B-02






  1  programs designed to provide health services or increase the

  2  level of health care in the public schools.

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

  4  care practitioner" means a physician licensed under chapter

  5  458, an osteopathic physician licensed under chapter 459, a

  6  physician assistant licensed under chapter 458 or chapter 459,

  7  or an advanced registered nurse practitioner, registered

  8  nurse, or licensed practical nurse licensed under chapter 464.

  9         (4)(a)  Notwithstanding any provision of chapter 456,

10  chapter 458, chapter 459, or chapter 464 to the contrary, the

11  biennial license renewal fee for an active license is waived

12  for any health care practitioner who participates in the

13  program established in this section and thereby agrees to

14  provide his or her services, without compensation, in a public

15  school for at least 8 hours a month for each school year

16  during that licensure period, or, if the health care

17  practitioner is retired, for at least 40 hours a month for

18  each school year during that licensure period.

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

20  and procedures for participation in the program prior to the

21  applicable license renewal date, and a health care

22  practitioner who fails at any time during the applicable

23  licensure period to provide the services agreed to under

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

25  licensure fee that was waived for that licensure period.

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

27  practitioner must:

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

29  her profession in this state.

30         (b)  Submit fingerprints and have a background

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

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    Florida House of Representatives - 2002                 HB 355

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  1  unless already provided and completed for practitioner

  2  licensing, profiling, or credentialing purposes.

  3         (6)(a)  A health care practitioner providing health

  4  care services in a public school under the program established

  5  in this section shall be considered an agent of the school

  6  district for the purposes of tort liability under s. 768.28

  7  and workers' compensation under chapter 440.

  8         (b)  The school district, through its self-insurance

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

10  liability protection for health care practitioners

11  participating in the program other than those employed by the

12  school or school district.  If funds of the school district in

13  any fiscal year are insufficient to cover any increase in

14  premiums resulting from operation of the program established

15  under this section, the school board may secure a loan to

16  cover such obligation as provided in s. 237.151.

17         (7)(a)  The Department of Education shall have the

18  responsibility, in cooperation with the Department of Health,

19  to supervise the administration of the program established

20  under this section and perform periodic program reviews.

21  However, the principal of each public school shall have

22  immediate supervisory authority over any health care

23  practitioner working in the school under this program.

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

25  Department of Education, shall publicize the availability of

26  the program and its benefits.

27         (8)  The Department of Education, in cooperation with

28  the Department of Health, may adopt rules necessary to

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

30  be completed and procedures to be followed by applicants and

31  school personnel under the program.

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    Florida House of Representatives - 2002                 HB 355

    799-108B-02






  1         Section 2.  Implementation of the public school

  2  volunteer health care practitioner program under s. 381.00593,

  3  Florida Statutes, as created by this act, shall be according

  4  to the following schedule:

  5         (1)  The forms and procedures required by s.

  6  381.00593(8), Florida Statutes, must be completed and

  7  distributed to the school districts by June 1, 2002.

  8         (2)  Each school district must make the application

  9  forms and any other materials required by s. 381.00593(8),

10  Florida Statutes, available to all public schools in the

11  district by July 1, 2002.

12         (3)  Publication of the program, as required by s.

13  381.00593(7)(b), Florida Statutes, must begin no later than

14  July 1, 2002.

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

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Creates a public school volunteer health care
21    practitioner program as a complementary incentive program
      to encourage specified health care practitioners to
22    provide their services, without compensation, in the
      public schools.  Provides health care practitioners
23    participating in the program with a waiver of biennial
      active license renewal fees, immunity from liability, and
24    workers' compensation protection.  Provides for payment
      of any resulting increase in liability insurance
25    premiums.  Provides program and practitioner
      requirements.  See bill for details.
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