CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 033188

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Campbell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 32, lines 18-27, delete those lines

15

16  and insert:

17         Section 33.  Subsection (4) of section 383.50, Florida

18  Statutes, is amended to read:

19         383.50  Treatment of abandoned newborn infant.--

20         (4)  Each hospital of this state subject to s. 395.1041

21  shall, and any other hospital may, admit and provide all

22  necessary emergency services and care, as defined in s.

23  395.002(11)(10), to any newborn infant left with the hospital

24  in accordance with this section. The hospital or any of its

25  licensed health care professionals shall consider these

26  actions as implied consent for treatment, and a hospital

27  accepting physical custody of a newborn infant has implied

28  consent to perform all necessary emergency services and care.

29  The hospital or any of its licensed health care professionals

30  is immune from criminal or civil liability for acting in good

31  faith in accordance with this section. Nothing in this

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                                                  SENATE AMENDMENT

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  1  subsection limits liability for negligence.

  2         Section 34.  Subsection (7) of section 394.4787,

  3  Florida Statutes, is amended to read:

  4         394.4787  Definitions; ss. 394.4786, 394.4787,

  5  394.4788, and 394.4789.--As used in this section and ss.

  6  394.4786, 394.4788, and 394.4789:

  7         (7)  "Specialty psychiatric hospital" means a hospital

  8  licensed by the agency pursuant to s. 395.002(31)(29) as a

  9  specialty psychiatric hospital.

10         Section 35.  Present subsections (9), (10), (26), and

11  (30) of section 395.002, Florida Statutes, are amended,

12  present subsections (10) through (21) and (22) through (33)

13  are renumbered as subsections (11) through (22) and (24)

14  through (35), respectively, and new subsections (10) and (23)

15  are added to that section, to read:

16         395.002  Definitions.--As used in this chapter:

17         (9)  "Emergency medical condition" means:

18         (a)  A medical condition manifesting itself by acute

19  symptoms of sufficient severity, which may include severe

20  pain, psychiatric disturbances, symptoms of substance abuse,

21  or other acute symptoms, such that the absence of immediate

22  medical attention could reasonably be expected to result in

23  any of the following:

24         1.  Serious jeopardy to patient health, including a

25  pregnant woman or fetus.

26         2.  Serious impairment to bodily functions.

27         3.  Serious dysfunction of any bodily organ or part.

28         (b)  With respect to a pregnant woman:

29         1.  That there is inadequate time to effect safe

30  transfer to another hospital prior to delivery;

31         2.  That a transfer may pose a threat to the health and

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                                                  SENATE AMENDMENT

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  1  safety of the patient or fetus; or

  2         3.  That there is evidence of the onset and persistence

  3  of uterine contractions or rupture of the membranes.

  4         (c)  With respect to a person exhibiting acute

  5  psychiatric disturbance or substance abuse, or taken into

  6  custody and delivered to a hospital under a court ex parte

  7  order for examination or placed by an authorized party for

  8  involuntary examination in accordance with chapter 394 or

  9  chapter 397, that the absence of immediate medical attention

10  could reasonably be expected to result in:

11         1.  Serious jeopardy to the health of a patient; or

12         2.  Serious jeopardy to the health of others.

13         (10)  "Emergency medical services provider" means a

14  provider licensed pursuant to chapter 401.

15         (11)(10)  "Emergency services and care" means medical

16  screening, examination, and evaluation by a physician, or, to

17  the extent permitted by applicable law, by other appropriate

18  personnel under the supervision of a physician, to determine

19  if an emergency medical condition exists and, if it does, the

20  care, treatment, or surgery by a physician necessary to

21  stabilize relieve or eliminate the emergency medical

22  condition, within the service capability of the facility.

23         (23)  "Medically unnecessary procedure" means a

24  surgical or other invasive procedure that no reasonable

25  physician, in light of the patient's history and available

26  diagnostic information, would deem to be indicated in order to

27  treat, cure, or palliate the patient's condition or disease.

28         (28)(26)  "Service capability" means the physical

29  space, equipment, supplies, and services that the hospital

30  provides and the level of care that the medical staff can

31  provide within the training and scope of their professional

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                                                  SENATE AMENDMENT

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  1  licenses and hospital privileges all services offered by the

  2  facility where identification of services offered is evidenced

  3  by the appearance of the service in a patient's medical record

  4  or itemized bill.

  5         (32)(30)  "Stabilized" means, with respect to an

  6  emergency medical condition, that no material deterioration of

  7  the condition is likely, within reasonable medical

  8  probability, to result from the transfer or discharge of the

  9  patient from a hospital.

10         Section 36.  Subsections (1) and (2) and paragraphs (c)

11  and (d) of subsection (3) of section 395.1041, Florida

12  Statutes, are amended to read:

13         395.1041  Access to emergency services and care.--

14         (1)  LEGISLATIVE INTENT.--The Legislature finds and

15  declares it to be of vital importance that emergency services

16  and care be provided by hospitals and physicians to every

17  person in need of such care.  The Legislature finds that

18  persons have been denied emergency services and care by

19  hospitals.  It is the intent of the Legislature that the

20  agency vigorously enforce the ability of persons to receive

21  all necessary and appropriate emergency services and care and

22  that the agency act in a thorough and timely manner against

23  hospitals and physicians which deny persons emergency services

24  and care.  It is further the intent of the Legislature that

25  hospitals, emergency medical services providers, and other

26  health care providers work together in their local communities

27  to enter into agreements or arrangements to ensure access to

28  emergency services and care.  The Legislature further

29  recognizes that appropriate emergency services and care often

30  require followup consultation and treatment in order to

31  effectively care for emergency medical conditions.

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                                                  SENATE AMENDMENT

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  1         (2)  INVENTORY OF HOSPITAL EMERGENCY SERVICES.--The

  2  agency shall establish and maintain an inventory of hospitals

  3  with emergency services.  The inventory shall list all

  4  services within the service capability of the hospital, and

  5  such services shall appear on the face of the hospital

  6  license.  Each hospital having emergency services shall notify

  7  the agency of its service capability in the manner and form

  8  prescribed by the agency.  The agency, in cooperation with the

  9  Department of Health shall provide use the inventory to assist

10  emergency medical services providers and shall make the

11  inventory available to others to assist in locating

12  appropriate emergency medical care.  The inventory shall also

13  be made available to the general public.  On or before August

14  1, 1992, the agency shall request that each hospital identify

15  the services which are within its service capability.  On or

16  before November 1, 1992, the agency shall notify each hospital

17  of the service capability to be included in the inventory.

18  The hospital has 15 days from the date of receipt to respond

19  to the notice.  By December 1, 1992, the agency shall publish

20  a final inventory. Each hospital shall reaffirm its service

21  capability when its license is renewed and shall notify the

22  agency of the addition of a new service or the termination of

23  a service prior to a change in its service capability.

24         (3)  EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF

25  FACILITY OR HEALTH CARE PERSONNEL.--

26         (c)  A patient that has not been stabilized, whether

27  stabilized or not, may be transferred to another hospital

28  which has the requisite service capability or is not at

29  service capacity, if:

30         1.  The patient, or a person who is legally responsible

31  for the patient and acting on the patient's behalf, after

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  1  being informed of the hospital's obligation under this section

  2  and of the risk of transfer, requests that the transfer be

  3  effected;

  4         2.  A physician has signed a certification that, based

  5  upon the reasonable risks and benefits to the patient, and

  6  based upon the information available at the time of transfer,

  7  the medical benefits reasonably expected from the provision of

  8  appropriate medical treatment at another hospital outweigh the

  9  increased risks to the individual's medical condition from

10  effecting the transfer; or

11         3.  A physician is not physically present in the

12  emergency services area at the time an individual is

13  transferred and a qualified medical person signs a

14  certification that a physician, in consultation with

15  personnel, has determined that the medical benefits reasonably

16  expected from the provision of appropriate medical treatment

17  at another medical facility outweigh the increased risks to

18  the individual's medical condition from effecting the

19  transfer.  The consulting physician must countersign the

20  certification;

21

22  provided that this paragraph shall not be construed to require

23  acceptance of a transfer that is not medically necessary.

24         (d)1.  Every hospital shall ensure the provision of

25  services within the service capability of the hospital, at all

26  times, either directly or indirectly through an arrangement

27  with another hospital, through an arrangement with one or more

28  physicians, or as otherwise made through prior arrangements.

29  A hospital may enter into an agreement with another hospital

30  for purposes of meeting its service capability requirement,

31  and appropriate compensation or other reasonable conditions

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                                                  SENATE AMENDMENT

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  1  may be negotiated for these backup services.

  2         2.  If any arrangement requires the provision of

  3  emergency medical transportation, such arrangement must be

  4  made in consultation with the applicable emergency medical

  5  service provider and may not require the emergency medical

  6  service provider to provide transportation that is outside the

  7  routine service area of that emergency medical service

  8  provider or in a manner that impairs the ability of the

  9  emergency medical service provider to timely respond to

10  prehospital emergency calls. Emergency medical transportation

11  provided under this subparagraph is considered to be emergency

12  services and care as defined in s. 395.002.

13         3.  A hospital shall not be required to ensure service

14  capability at all times as required in subparagraph 1. if,

15  prior to the receiving of any patient needing such service

16  capability, such hospital has demonstrated to the agency that

17  it lacks the ability to ensure such capability and it has

18  exhausted all reasonable efforts to ensure such capability

19  through backup arrangements.  In reviewing a hospital's

20  demonstration of lack of ability to ensure service capability,

21  the agency shall consider factors relevant to the particular

22  case, including the following:

23         a.  Number and proximity of hospitals with the same

24  service capability.

25         b.  Number, type, credentials, and privileges of

26  specialists.

27         c.  Frequency of procedures.

28         d.  Size of hospital.

29         4.  The agency shall publish proposed rules

30  implementing a reasonable exemption procedure by November 1,

31  1992.  Subparagraph 1. shall become effective upon the

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  1  effective date of said rules or January 31, 1993, whichever is

  2  earlier.  For a period not to exceed 1 year from the effective

  3  date of subparagraph 1., a hospital requesting an exemption

  4  shall be deemed to be exempt from offering the service until

  5  the agency initially acts to deny or grant the original

  6  request.  The agency has 45 days from the date of receipt of

  7  the request for exemption to approve or deny the request.

  8  After the first year from the effective date of subparagraph

  9  1., If the agency fails to initially act within the time

10  period, the hospital is deemed to be exempt from offering the

11  service until the agency initially acts to deny the request.

12         5.  The agency shall convene a workgroup consisting of

13  representatives from the Florida Hospital Association, the

14  Florida Statutory Teaching Hospital Council, the Florida

15  Medical Association, the Florida Osteopathic Association, and

16  the Florida College of Emergency Physicians to make

17  recommendations to the Legislature for changes to this

18  paragraph regarding:

19         a.  Services performed on an infrequent basis that

20  would not be considered to be within the service capability of

21  the hospital.

22         b.  Situations in which hospitals would be deemed

23  exempt from providing services at all times that are within

24  their service capability.

25         Section 37.  Paragraph (c) of subsection (2) of section

26  395.602, Florida Statutes, is amended to read:

27         395.602  Rural hospitals.--

28         (2)  DEFINITIONS.--As used in this part:

29         (c)  "Inactive rural hospital bed" means a licensed

30  acute care hospital bed, as defined in s. 395.002(15)(14),

31  that is inactive in that it cannot be occupied by acute care

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  1  inpatients.

  2         Section 38.  Paragraph (c) of subsection (1) of section

  3  395.701, Florida Statutes, is amended to read:

  4         395.701  Annual assessments on net operating revenues

  5  for inpatient and outpatient services to fund public medical

  6  assistance; administrative fines for failure to pay

  7  assessments when due; exemption.--

  8         (1)  For the purposes of this section, the term:

  9         (c)  "Hospital" means a health care institution as

10  defined in s. 395.002(14)(13), but does not include any

11  hospital operated by the agency or the Department of

12  Corrections.

13         Section 39.  Paragraph (b) of subsection (1) of section

14  400.051, Florida Statutes, is amended to read:

15         400.051  Homes or institutions exempt from the

16  provisions of this part.--

17         (1)  The following shall be exempt from the provisions

18  of this part:

19         (b)  Any hospital, as defined in s. 395.002(12)(11),

20  that is licensed under chapter 395.

21         Section 40.  Section 401.23, Florida Statutes, is

22  amended to read:

23         401.23  Definitions.--As used in this part, the term:

24         (1)  "Advanced life support" means the use of skills

25  and techniques described in the most recent U.S. DOT National

26  Standard Paramedic Curriculum by a paramedic under the

27  supervision of a licensee's medical director as required by

28  rules of the department. The term "advanced life support" also

29  includes other techniques which have been approved and are

30  performed under conditions specified by rules of the

31  department. The term "advanced life support" also includes

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  1  provision of care by a paramedic under the supervision of a

  2  licensee's medical director to one experiencing an emergency

  3  medical condition as defined herein. "Advanced life support"

  4  means treatment of life-threatening medical emergencies

  5  through the use of techniques such as endotracheal intubation,

  6  the administration of drugs or intravenous fluids, telemetry,

  7  cardiac monitoring, and cardiac defibrillation by a qualified

  8  person, pursuant to rules of the department.

  9         (2)  "Advanced life support service" means any

10  emergency medical transport or nontransport service which uses

11  advanced life support techniques.

12         (3)  "Air ambulance" means any fixed-wing or

13  rotary-wing aircraft used for, or intended to be used for, air

14  transportation of sick or injured persons requiring or likely

15  to require medical attention during transport.

16         (4)  "Air ambulance service" means any publicly or

17  privately owned service, licensed in accordance with the

18  provisions of this part, which operates air ambulances to

19  transport persons requiring or likely to require medical

20  attention during transport.

21         (5)  "Ambulance" or "emergency medical services

22  vehicle" means any privately or publicly owned land or water

23  vehicle that is designed, constructed, reconstructed,

24  maintained, equipped, or operated for, and is used for, or

25  intended to be used for, land or water transportation of sick

26  or injured persons requiring or likely to require medical

27  attention during transport.

28         (6)  "Ambulance driver" means any person who meets the

29  requirements of s. 401.281.

30         (7)  "Basic life support" means the use of skills and

31  techniques described in the most recent U.S. DOT National

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  1  Standard EMT-Basic Curriculum by an emergency medical

  2  technician or paramedic under the supervision of a licensee's

  3  medical director as required by rules of the department. The

  4  term "basic life support" also includes other techniques which

  5  have been approved and are performed under conditions

  6  specified by rules of the department. The term "basic life

  7  support" also includes provision of care by a paramedic or

  8  emergency medical technician under the supervision of a

  9  licensee's medical director to one experiencing an emergency

10  medical condition as defined herein. "Basic life support"

11  means treatment of medical emergencies by a qualified person

12  through the use of techniques such as patient assessment,

13  cardiopulmonary resuscitation (CPR), splinting, obstetrical

14  assistance, bandaging, administration of oxygen, application

15  of medical antishock trousers, administration of a

16  subcutaneous injection using a premeasured autoinjector of

17  epinephrine to a person suffering an anaphylactic reaction,

18  and other techniques described in the Emergency Medical

19  Technician Basic Training Course Curriculum of the United

20  States Department of Transportation.  The term "basic life

21  support" also includes other techniques which have been

22  approved and are performed under conditions specified by rules

23  of the department.

24         (8)  "Basic life support service" means any emergency

25  medical service which uses only basic life support techniques.

26         (9)  "Certification" means any authorization issued

27  pursuant to this part to a person to act as an emergency

28  medical technician or a paramedic.

29         (10)  "Department" means the Department of Health.

30         (11)  "Emergency medical condition" means:

31         (a)  A medical condition manifesting itself by acute

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  1  symptoms of sufficient severity, which may include severe

  2  pain, psychiatric disturbances, symptoms of substance abuse,

  3  or other acute symptoms, such that the absence of immediate

  4  medical attention could reasonably be expected to result in

  5  any of the following:

  6         1.  Serious jeopardy to patient health, including a

  7  pregnant woman or fetus.

  8         2.  Serious impairment to bodily functions.

  9         3.  Serious dysfunction of any bodily organ or part.

10         (b)  With respect to a pregnant woman, that there is

11  evidence of the onset and persistence of uterine contractions

12  or rupture of the membranes.

13         (c)  With respect to a person exhibiting acute

14  psychiatric disturbance or substance abuse, that the absence

15  of immediate medical attention could reasonably be expected to

16  result in:

17         1.  Serious jeopardy to the health of a patient; or

18         2.  Serious jeopardy to the health of others.

19         (12)(11)  "Emergency medical technician" means a person

20  who is certified by the department to perform basic life

21  support pursuant to this part.

22         (13)(12)  "Interfacility transfer" means the

23  transportation by ambulance of a patient between two

24  facilities licensed under chapter 393, chapter 395, or chapter

25  400, pursuant to this part.

26         (14)(13)  "Licensee" means any basic life support

27  service, advanced life support service, or air ambulance

28  service licensed pursuant to this part.

29         (15)(14)  "Medical direction" means direct supervision

30  by a physician through two-way voice communication or, when

31  such voice communication is unavailable, through established

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  1  standing orders, pursuant to rules of the department.

  2         (16)(15)  "Medical director" means a physician who is

  3  employed or contracted by a licensee and who provides medical

  4  supervision, including appropriate quality assurance but not

  5  including administrative and managerial functions, for daily

  6  operations and training pursuant to this part.

  7         (17)(16)  "Mutual aid agreement" means a written

  8  agreement between two or more entities whereby the signing

  9  parties agree to lend aid to one another under conditions

10  specified in the agreement and as sanctioned by the governing

11  body of each affected county.

12         (18)(17)  "Paramedic" means a person who is certified

13  by the department to perform basic and advanced life support

14  pursuant to this part.

15         (19)(18)  "Permit" means any authorization issued

16  pursuant to this part for a vehicle to be operated as a basic

17  life support or advanced life support transport vehicle or an

18  advanced life support nontransport vehicle providing basic or

19  advanced life support.

20         (20)(19)  "Physician" means a practitioner who is

21  licensed under the provisions of chapter 458 or chapter 459.

22  For the purpose of providing "medical direction" as defined in

23  subsection (14) for the treatment of patients immediately

24  prior to or during transportation to a United States

25  Department of Veterans Affairs medical facility, "physician"

26  also means a practitioner employed by the United States

27  Department of Veterans Affairs.

28         (21)(20)  "Registered nurse" means a practitioner who

29  is licensed to practice professional nursing pursuant to part

30  I of chapter 464.

31         (22)(21)  "Secretary" means the Secretary of Health.

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  1         (23)(22)  "Service location" means any permanent

  2  location in or from which a licensee solicits, accepts, or

  3  conducts business under this part.

  4         Section 41.  Subsection (8) of section 409.905, Florida

  5  Statutes, is amended to read:

  6         409.905  Mandatory Medicaid services.--The agency may

  7  make payments for the following services, which are required

  8  of the state by Title XIX of the Social Security Act,

  9  furnished by Medicaid providers to recipients who are

10  determined to be eligible on the dates on which the services

11  were provided. Any service under this section shall be

12  provided only when medically necessary and in accordance with

13  state and federal law. Mandatory services rendered by

14  providers in mobile units to Medicaid recipients may be

15  restricted by the agency. Nothing in this section shall be

16  construed to prevent or limit the agency from adjusting fees,

17  reimbursement rates, lengths of stay, number of visits, number

18  of services, or any other adjustments necessary to comply with

19  the availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21         (8)  NURSING FACILITY SERVICES.--The agency shall pay

22  for 24-hour-a-day nursing and rehabilitative services for a

23  recipient in a nursing facility licensed under part II of

24  chapter 400 or in a rural hospital, as defined in s. 395.602,

25  or in a Medicare certified skilled nursing facility operated

26  by a hospital, as defined by s. 395.002(12)(11), that is

27  licensed under part I of chapter 395, and in accordance with

28  provisions set forth in s. 409.908(2)(a), which services are

29  ordered by and provided under the direction of a licensed

30  physician.  However, if a nursing facility has been destroyed

31  or otherwise made uninhabitable by natural disaster or other

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  1  emergency and another nursing facility is not available, the

  2  agency must pay for similar services temporarily in a hospital

  3  licensed under part I of chapter 395 provided federal funding

  4  is approved and available.

  5         Section 42.  Paragraph (l) of subsection (1) of section

  6  468.505, Florida Statutes, is amended to read:

  7         468.505  Exemptions; exceptions.--

  8         (1)  Nothing in this part may be construed as

  9  prohibiting or restricting the practice, services, or

10  activities of:

11         (l)  A person employed by a nursing facility exempt

12  from licensing under s. 395.002(14)(13), or a person exempt

13  from licensing under s. 464.022.

14         Section 43.  Paragraph (b) of subsection (2) of section

15  812.014, Florida Statutes, is amended to read:

16         812.014  Theft.--

17         (2)

18         (b)1.  If the property stolen is valued at $20,000 or

19  more, but less than $100,000;

20         2.  The property stolen is cargo valued at less than

21  $50,000 that has entered the stream of interstate or

22  intrastate commerce from the shipper's loading platform to the

23  consignee's receiving dock; or

24         3.  The property stolen is emergency medical equipment,

25  valued at $300 or more, that is taken from a facility licensed

26  under chapter 395 or from an aircraft or vehicle permitted

27  under chapter 401,

28

29  the offender commits grand theft in the second degree,

30  punishable as a felony of the second degree, as provided in s.

31  775.082, s. 775.083, or s. 775.084. Emergency medical

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  1  equipment means mechanical or electronic apparatus used to

  2  provide emergency services and care as defined in s.

  3  395.002(11)(10) or to treat medical emergencies.

  4

  5  (Redesignate subsequent sections.)

  6

  7

  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10         On page 3, lines 19-21, delete those lines

11

12  and insert:

13         conforming cross-references; amending s.

14         395.002, F.S.; revising definitions relating to

15         emergency services and care provided by

16         hospitals and related facilities; amending s.

17         395.1041, F.S.; revising provisions relating to

18         hospital service capability and access to

19         emergency services and care; directing the

20         Agency for Health Care Administration to

21         convene a workgroup to report to the

22         Legislature regarding hospital service

23         capability requirements; amending ss. 383.50,

24         394.4787, 395.602, 395.701, 400.051, 409.905,

25         468.505, and 812.014, F.S.; conforming

26         cross-references; amending s. 401.23, F.S.;

27         redefining the terms "advanced life support"

28         and "basic life support"; defining the term

29         "emergency medical conditions"; amending s.

30         395.0161,

31

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