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



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Farkas and Fasano offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  (1)  Effective July 1, 2002, all powers,

18  duties, functions, records, personnel, property, and

19  unexpended balances of appropriations, allocations, and other

20  funds of the Agency for Health Care Administration that relate

21  to consumer complaint services, investigations, and

22  prosecutorial services currently provided by the Agency for

23  Health Care Administration under a contract with the

24  Department of Health are transferred to the Department of

25  Health by a type two transfer, as defined in s. 20.06(2),

26  Florida Statutes.  This transfer of funds shall include all

27  advance payments made from the Medical Quality Assurance Trust

28  Fund to the Agency for Health Care Administration.

29         (2)(a)  Effective July 1, 2002, 279 full-time

30  equivalent positions are eliminated from the Agency for Health

31  Care Administration's total number of authorized positions.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  Effective July 1, 2002, 279 full-time equivalent positions are

  2  authorized for the Department of Health, to be added to the

  3  department's total number of authorized positions.  However,

  4  should the General Appropriations Act for fiscal year

  5  2002-2003 reduce the number of positions from the practitioner

  6  regulation component at the Agency for Health Care

  7  Administration, that provision shall be construed to eliminate

  8  the full-time equivalent positions from the practitioner

  9  regulation component which is hereby transferred to the

10  Department of Health, thereby resulting in no more than 279

11  positions being eliminated from the agency and no more than

12  279 positions being authorized to the department.

13         (b)  All records, personnel, and funds of the consumer

14  complaint and investigative services units of the agency are

15  transferred and assigned to the Division of Medical Quality

16  Assurance of the Department of Health.

17         (c)  All records, personnel, and funds of the health

18  care practitioner prosecutorial unit of the agency are

19  transferred and assigned to the Office of the General Counsel

20  of the Department of Health.

21         (3)  The Department of Health is deemed the successor

22  in interest in all legal proceedings and contracts currently

23  involving the Agency for Health Care Administration and

24  relating to health care practitioner regulation.  Except as

25  provided herein, no legal proceeding shall be dismissed, nor

26  any contract terminated, on the basis of this type two

27  transfer.  The interagency agreement between the Department of

28  Health and the Agency for Health Care Administration shall

29  terminate on June 30, 2002.

30         Section 2.  Paragraph (g) of subsection (3) of section

31  20.43, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         20.43  Department of Health.--There is created a

  2  Department of Health.

  3         (3)  The following divisions of the Department of

  4  Health are established:

  5         (g)  Division of Medical Quality Assurance, which is

  6  responsible for the following boards and professions

  7  established within the division:

  8         1.  The Board of Acupuncture, created under chapter

  9  457.

10         2.  The Board of Medicine, created under chapter 458.

11         3.  The Board of Osteopathic Medicine, created under

12  chapter 459.

13         4.  The Board of Chiropractic Medicine, created under

14  chapter 460.

15         5.  The Board of Podiatric Medicine, created under

16  chapter 461.

17         6.  Naturopathy, as provided under chapter 462.

18         7.  The Board of Optometry, created under chapter 463.

19         8.  The Board of Nursing, created under part I of

20  chapter 464.

21         9.  Nursing assistants, as provided under part II of

22  chapter 464.

23         10.  The Board of Pharmacy, created under chapter 465.

24         11.  The Board of Dentistry, created under chapter 466.

25         12.  Midwifery, as provided under chapter 467.

26         13.  The Board of Speech-Language Pathology and

27  Audiology, created under part I of chapter 468.

28         14.  The Board of Nursing Home Administrators, created

29  under part II of chapter 468.

30         15.  The Board of Occupational Therapy, created under

31  part III of chapter 468.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         16.  The Board of Respiratory Care therapy, as created

  2  provided under part V of chapter 468.

  3         17.  Dietetics and nutrition practice, as provided

  4  under part X of chapter 468.

  5         18.  The Board of Athletic Training, created under part

  6  XIII of chapter 468.

  7         19.  The Board of Orthotists and Prosthetists, created

  8  under part XIV of chapter 468.

  9         20.  Electrolysis, as provided under chapter 478.

10         21.  The Board of Massage Therapy, created under

11  chapter 480.

12         22.  The Board of Clinical Laboratory Personnel,

13  created under part III of chapter 483.

14         23.  Medical physicists, as provided under part IV of

15  chapter 483.

16         24.  The Board of Opticianry, created under part I of

17  chapter 484.

18         25.  The Board of Hearing Aid Specialists, created

19  under part II of chapter 484.

20         26.  The Board of Physical Therapy Practice, created

21  under chapter 486.

22         27.  The Board of Psychology, created under chapter

23  490.

24         28.  School psychologists, as provided under chapter

25  490.

26         29.  The Board of Clinical Social Work, Marriage and

27  Family Therapy, and Mental Health Counseling, created under

28  chapter 491.

29

30  The department may contract with the Agency for Health Care

31  Administration who shall provide consumer complaint,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  investigative, and prosecutorial services required by the

  2  Division of Medical Quality Assurance, councils, or boards, as

  3  appropriate.

  4         Section 3.  The Office of Legislative Services shall

  5  contract for a business case study of the feasibility of

  6  outsourcing the administrative, investigative, legal, and

  7  prosecutorial functions and other tasks and services that are

  8  necessary to carry out the regulatory responsibilities of the

  9  Board of Dentistry; employing its own executive director and

10  other staff; and obtaining authority over collections and

11  expenditures of funds paid by professions regulated by the

12  board of Dentistry into the Medical Quality Assurance Trust

13  Fund. This feasibility study must include a business plan and

14  an assessment of the direct and indirect costs associated with

15  outsourcing these functions. The sum of $50,000 is

16  appropriated from the Board of Dentistry account within the

17  Medical Quality Assurance Trust Fund to the Office of

18  Legislative Services for the purpose of contracting for the

19  study. The Office of Legislative Services shall submit the

20  completed study to the Governor, the President of the Senate,

21  and the Speaker of the House of Representatives by January 1,

22  2003.

23         Section 4.  (1)  On or before October 1, 2002, the

24  Department of Health shall contract with one or more private

25  entities to implement the electronic continuing education

26  tracking system required under s. 456.025(7), Florida

27  Statutes.  The electronic continuing education tracking system

28  or systems must be compatible with the Department of Health's

29  licensure and renewal system no later than March 1, 2003.  On

30  or before July 1, 2003, the Department of Health shall

31  integrate such system or systems into the Department of

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  Health's licensure and renewal system.

  2         (2)  The continuing education tracking system shall

  3  provide access for a licensee to review the licensee's

  4  continuing education credits or courses which have been

  5  reported by providers of continuing education and shall

  6  provide a mechanism for a licensee to self-report courses or

  7  credits which have not yet been reported by a provider of

  8  continuing education.

  9         (3)  The private entities under contract with the

10  Department of Health may fund the development and operation of

11  the continuing education tracking system through private

12  grants or funds or through funds paid by a provider of

13  continuing education courses. The Department of Health is

14  authorized to use continuing education provider fees and

15  licensure renewal fees to fund the operation of the continuing

16  education tracking system, subject to legislative

17  appropriation.

18         (4)  The Department of Health may enter into more than

19  one contract if the department determines that it would be

20  more efficient, practical, or cost-effective to use one vendor

21  for professions which use board-approved providers and one

22  vendor for professions which allow licensees to take courses

23  approved by other entities.

24         Section 5.  Subsection (19) of section 456.057, Florida

25  Statutes, is amended to read:

26         456.057  Ownership and control of patient records;

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

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

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

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

31  practitioner, the mental or physical incapacitation of the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  practitioner, or the abandonment of medical records by a

  2  practitioner. The custodian appointed shall comply with all

  3  provisions of this section, including the release of patient

  4  records.  Any person or entity having possession or physical

  5  control of the medical records may release them to the

  6  custodian upon presentment of an order signed by the board

  7  giving the custodian access to the records.  A person or

  8  entity is not liable in tort or contract for providing the

  9  records to a validly appointed custodian.

10         Section 6.  Subsection (7) is added to section 456.072,

11  Florida Statutes, to read:

12         456.072  Grounds for discipline; penalties;

13  enforcement.--

14         (7)  In addition to any other discipline imposed

15  through final order or citation entered on or after July 1,

16  2002, pursuant to this section or for a violation of any

17  practice act, the board, or the department when there is no

18  board, shall require, in appropriate cases, any licensee who

19  is a records owner, as defined in s. 456.057, to notify his or

20  her patients of the requirements imposed by s. 456.057(11).

21         Section 7.  Paragraph (a) of subsection (3) of section

22  456.076, Florida Statutes, is amended to read:

23         456.076  Treatment programs for impaired

24  practitioners.--

25         (3)(a)  Whenever the department receives a written or

26  oral legally sufficient complaint alleging that a licensee

27  under the jurisdiction of the Division of Medical Quality

28  Assurance within the department is impaired as a result of the

29  misuse or abuse of alcohol or drugs, or both, or due to a

30  mental or physical condition which could affect the licensee's

31  ability to practice with skill and safety, and no complaint

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  against the licensee other than impairment exists, the

  2  reporting of such information shall not constitute grounds for

  3  discipline pursuant to s. 456.072 or the corresponding grounds

  4  for discipline within the applicable practice act if the

  5  probable cause panel of the appropriate board, or the

  6  department when there is no board, finds:

  7         1.  The licensee has acknowledged the impairment

  8  problem.

  9         2.  The licensee has voluntarily enrolled in an

10  appropriate, approved treatment program.

11         3.  The licensee has voluntarily withdrawn from

12  practice or limited the scope of practice as required by the

13  consultant, in each case, until such time as the panel, or the

14  department when there is no board, is satisfied the licensee

15  has successfully completed an approved treatment program.

16         4.  The licensee has executed releases for medical

17  records, authorizing the release of all records of

18  evaluations, diagnoses, and treatment of the licensee,

19  including records of treatment for emotional or mental

20  conditions, to the consultant. The consultant shall make no

21  copies or reports of records that do not regard the issue of

22  the licensee's impairment and his or her participation in a

23  treatment program.

24         5.  The licensee has voluntarily notified his or her

25  patients of the requirements imposed by s. 456.057(11) on a

26  records owner who is terminating practice, retiring, or

27  relocating and is no longer available to patients.

28         Section 8.  Paragraph (b) of subsection (1) of section

29  456.0375, Florida Statutes, is amended to read:

30         456.0375  Registration of certain clinics;

31  requirements; discipline; exemptions.--

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         (1)

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

  3  does not include and the registration requirements herein do

  4  not apply to:

  5         1.  Entities licensed or registered by the state

  6  pursuant to chapter 390, chapter 394, chapter 395, chapter

  7  397, chapter 400, chapter 463, chapter 465, chapter 466,

  8  chapter 478, chapter 480, or chapter 484.

  9         2.  Entities exempt from federal taxation under 26

10  U.S.C. s. 501(c)(3), as well as all public college and

11  university clinics.

12         3.  Sole proprietorships, group practices,

13  partnerships, or corporations that provide health care

14  services by licensed health care practitioners pursuant to

15  chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 480,

16  484, 486, 490, 491, or part I, part III, part X, part XIII, or

17  part XIV of chapter 468, or s. 464.012, which are wholly owned

18  by licensed health care practitioners or the licensed health

19  care practitioner and the spouse, parent, or child of a

20  licensed health care practitioner, so long as one of the

21  owners who is a licensed health care practitioner is

22  supervising the services performed therein and is legally

23  responsible for the entity's compliance with all federal and

24  state laws. However, no health care practitioner may supervise

25  the delivery of health care services beyond the scope of the

26  practitioner's license.  Nothing in this section shall be

27  construed to prohibit a health care practitioner from

28  providing administrative or managerial supervision for

29  personnel purposes.

30         4.  Massage establishments licensed pursuant to s.

31  480.043 so long as the massage establishment is only providing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  massage as defined in s. 480.033(3) and no other medical or

  2  health care service.

  3         Section 9.  Paragraphs (aa) and (bb) of subsection (1)

  4  of section 456.072, Florida Statutes, are amended to read:

  5         456.072  Grounds for discipline; penalties;

  6  enforcement.--

  7         (1)  The following acts shall constitute grounds for

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

  9  be taken:

10         (aa)  Performing or attempting to perform health care

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

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

13  medically unnecessary or otherwise unrelated to the patient's

14  diagnosis or medical condition. For the purposes of this

15  paragraph, performing or attempting to perform health care

16  services includes the preparation of the patient.

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

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

19  paraphernalia commonly used in surgical, examination, or other

20  diagnostic procedures, unless leaving the foreign body is

21  medically indicated and documented in the patient record. For

22  the purposes of this paragraph, it shall be legally presumed

23  that retention of a foreign body is not in the best interest

24  of the patient and is not within the standard of care of the

25  profession, unless medically indicated and documented in the

26  patient record regardless of the intent of the professional.

27         Section 10.  Subsection (7) is added to section 631.57,

28  Florida Statutes, to read:

29         631.57  Powers and duties of the association.--

30         (7)  Notwithstanding any other provision of law, the

31  net direct written premiums of medical malpractice insurance

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  are not subject to assessment under this section to cover

  2  claims and administrative costs for the type of insurance

  3  defined in s. 624.604.

  4         Section 11.  Subsections (22) through (33) of section

  5  395.002, Florida Statutes, are renumbered as subsections (23)

  6  through (34), respectively, and a new subsection (22) is added

  7  to said section to read:

  8         395.002  Definitions.--As used in this chapter:

  9         (22)  "Medically unnecessary procedure" means a

10  surgical or other invasive procedure that a reasonable

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

12  diagnostic information, would not deem to be indicated in

13  order to treat, cure, or palliate the patient's condition or

14  disease.

15         Section 12.  Subsection (7) of section 394.4787,

16  Florida Statutes, is amended to read:

17         394.4787  Definitions; ss. 394.4786, 394.4787,

18  394.4788, and 394.4789.--As used in this section and ss.

19  394.4786, 394.4788, and 394.4789:

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

21  licensed by the agency pursuant to s. 395.002(30)(29) as a

22  specialty psychiatric hospital.

23         Section 13.  Subsection (5) is added to section

24  395.0161, Florida Statutes, to read:

25         395.0161  Licensure inspection.--

26         (5)(a)  The agency shall adopt rules governing the

27  conduct of inspections or investigations it initiates in

28  response to:

29         1.  Reports filed pursuant to s. 395.0197.

30         2.  Complaints alleging violations of state or federal

31  emergency access laws.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         3.  Complaints made by the public alleging violations

  2  of law by licensed facilities or personnel.

  3         (b)  Such rules shall set forth the procedures to be

  4  used in such investigations or inspections in order to protect

  5  the due process rights of licensed facilities and personnel

  6  and to minimize, to the greatest reasonable extent possible,

  7  the disruption of facility operations and the cost to

  8  facilities resulting from such investigations.

  9         Section 14.  Subsections (2), (14), and (16) of section

10  395.0197, Florida Statutes, are amended to read:

11         395.0197  Internal risk management program.--

12         (2)  The internal risk management program is the

13  responsibility of the governing board of the health care

14  facility. Each licensed facility shall utilize the services of

15  hire a risk manager, licensed under s. 395.10974, who is

16  responsible for implementation and oversight of such

17  facility's internal risk management program as required by

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

19  more than four internal risk management programs in separate

20  licensed facilities, unless the facilities are under one

21  corporate ownership or the risk management programs are in

22  rural hospitals.

23         (14)  The agency shall have access, as set forth in

24  rules adopted pursuant to s. 395.0161(5), to all licensed

25  facility records necessary to carry out the provisions of this

26  section.  The records obtained by the agency under subsection

27  (6), subsection (8), or subsection (10) are not available to

28  the public under s. 119.07(1), nor shall they be discoverable

29  or admissible in any civil or administrative action, except in

30  disciplinary proceedings by the agency or the appropriate

31  regulatory board, nor shall records obtained pursuant to s.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  456.071 be available to the public as part of the record of

  2  investigation for and prosecution in disciplinary proceedings

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

  4  regulatory board. However, the agency or the appropriate

  5  regulatory board shall make available, upon written request by

  6  a health care professional against whom probable cause has

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

  8  determination of probable cause, except that, with respect to

  9  medical review committee records, s. 766.101 controls.

10         (16)  The agency shall review, as part of its licensure

11  inspection process, the internal risk management program at

12  each licensed facility regulated by this section to determine

13  whether the program meets standards established in statutes

14  and rules, whether the program is being conducted in a manner

15  designed to reduce adverse incidents, and whether the program

16  is appropriately reporting incidents under this section.  Only

17  a risk manager licensed under s. 395.10974 and employed by or

18  under contract with the agency may conduct inspections to

19  determine whether a program meets the requirements of this

20  section.  Such determination shall be based on that level of

21  care, skill, and judgment which, in light of all relevant

22  surrounding circumstances, is recognized as acceptable and

23  appropriate by reasonably prudent similar licensed risk

24  managers. By July 1, 2004, the Agency for Health Care

25  Administration shall employ or contract with a minimum of

26  three licensed risk managers in each district to conduct

27  inspections pursuant to this section. 

28         Section 15.  Paragraph (b) of subsection (2) of section

29  465.019, Florida Statutes, is amended to read:

30         465.019  Institutional pharmacies; permits.--

31         (2)  The following classes of institutional pharmacies

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  are established:

  2         (b)  "Class II institutional pharmacies" are those

  3  institutional pharmacies which employ the services of a

  4  registered pharmacist or pharmacists who, in practicing

  5  institutional pharmacy, shall provide dispensing and

  6  consulting services on the premises to patients of that

  7  institution and to patients receiving care in a hospice

  8  licensed under part VI of chapter 400 which is located or

  9  providing services on the premises of that institution, for

10  use on the premises of that institution. However, an

11  institutional pharmacy located in an area or county included

12  in an emergency order or proclamation of a state of emergency

13  declared by the Governor may provide dispensing and consulting

14  services to individuals who are not patients of the

15  institution. However, a single dose of a medicinal drug may be

16  obtained and administered to a patient on a valid physician's

17  drug order under the supervision of a physician or charge

18  nurse, consistent with good institutional practice procedures.

19  The obtaining and administering of such single dose of a

20  medicinal drug shall be pursuant to drug-handling procedures

21  established by a consultant pharmacist.  Medicinal drugs may

22  be dispensed in a Class II institutional pharmacy, but only in

23  accordance with the provisions of this section.

24         Section 16.  Responsiveness to emergencies and

25  disasters; legislative findings.--The Legislature finds that

26  it is critical that Florida be prepared to respond

27  appropriately to a health crisis and injuries in the event of

28  an emergency or disaster. The Legislature finds that there is

29  a need to better educate health care practitioners on diseases

30  and conditions that might be caused by nuclear, biological,

31  and chemical terrorism so that health care practitioners can

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1  more effectively care for patients and better educate patients

  2  as to prevention and treatment. Additionally, the Legislature

  3  finds that not all health care practitioners have been

  4  recently trained in life support and first aid and that all

  5  health care practitioners should be encouraged to obtain such

  6  training. The Legislature finds that health care practitioners

  7  who are willing to respond in emergencies or disasters should

  8  not be penalized for providing their assistance.

  9         Section 17.  Section 381.0011, Florida Statutes, is

10  amended to read:

11         381.0011  Duties and powers of the Department of

12  Health; authority of State Health Officer.--

13         (1)  It is the duty of the Department of Health to:

14         (a)(1)  Assess the public health status and needs of

15  the state through statewide data collection and other

16  appropriate means, with special attention to future needs that

17  may result from population growth, technological advancements,

18  new societal priorities, or other changes.

19         (b)(2)  Formulate general policies affecting the public

20  health of the state.

21         (c)(3)  Include in the department's strategic plan

22  developed under s. 186.021 a summary of all aspects of the

23  public health mission and health status objectives to direct

24  the use of public health resources with an emphasis on

25  prevention.

26         (d)(4)  Administer and enforce laws and rules relating

27  to sanitation, control of communicable diseases, illnesses and

28  hazards to health among humans and from animals to humans, and

29  the general health of the people of the state.

30         (e)(5)  Cooperate with and accept assistance from

31  federal, state, and local officials for the prevention and

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  suppression of communicable and other diseases, illnesses,

  2  injuries, and hazards to human health.

  3         (f)(6)  Declare, enforce, modify, and abolish

  4  quarantine of persons, animals, and premises as the

  5  circumstances indicate for controlling communicable diseases

  6  or providing protection from unsafe conditions that pose a

  7  threat to public health, except as provided in ss. 384.28 and

  8  392.545-392.60.

  9         1.(a)  The department shall adopt rules to specify the

10  conditions and procedures for imposing and releasing a

11  quarantine. The rules must include provisions related to:

12         a.1.  The closure of premises.

13         b.2.  The movement of persons or animals exposed to or

14  infected with a communicable disease.

15         c.3.  The tests or prophylactic treatment, including

16  vaccination, for communicable disease required prior to

17  employment or admission to the premises or to comply with a

18  quarantine.

19         d.4.  Testing or destruction of animals with or

20  suspected of having a disease transmissible to humans.

21         e.5.  Access by the department to quarantined premises.

22         f.6.  The disinfection of quarantined animals, persons,

23  or premises.

24         g.  Methods of quarantine.

25         2.(b)  Any health regulation that restricts travel or

26  trade within the state may not be adopted or enforced in this

27  state except by authority of the department.

28         (g)(7)  Provide for a thorough investigation and study

29  of the incidence, causes, modes of propagation and

30  transmission, and means of prevention, control, and cure of

31  diseases, illnesses, and hazards to human health.

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  1         (h)(8)  Provide for the dissemination of information to

  2  the public relative to the prevention, control, and cure of

  3  diseases, illnesses, and hazards to human health.  The

  4  department shall conduct a workshop before issuing any health

  5  alert or advisory relating to food-borne illness or

  6  communicable disease in public lodging or food service

  7  establishments in order to inform persons, trade associations,

  8  and businesses of the risk to public health and to seek the

  9  input of affected persons, trade associations, and businesses

10  on the best methods of informing and protecting the public,

11  except in an emergency, in which case the workshop must be

12  held within 14 days after the issuance of the emergency alert

13  or advisory.

14         (i)(9)  Act as registrar of vital statistics.

15         (j)(10)  Cooperate with and assist federal health

16  officials in enforcing public health laws and regulations.

17         (k)(11)  Cooperate with other departments, local

18  officials, and private boards and organizations for the

19  improvement and preservation of the public health.

20         (l)(12)  Cooperate with other departments, local

21  officials, and private organizations in developing and

22  implementing a statewide injury control program.

23         (m)(13)  Adopt rules pursuant to ss. 120.536(1) and

24  120.54 to implement the provisions of law conferring duties

25  upon it.  This paragraph subsection does not authorize the

26  department to require a permit or license unless such

27  requirement is specifically provided by law.

28         (n)(14)  Perform any other duties prescribed by law.

29         (2)  The State Health Officer is authorized to take the

30  following actions to protect the public health:

31         (a)  Notwithstanding chapters 465 and 499 and rules

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  1  adopted thereunder, the State Health Officer may direct

  2  pharmacists employed by the department to compound bulk

  3  prescription drugs and provide these bulk prescription drugs

  4  to county health department physicians, physician assistants,

  5  and nurses for administration to persons as part of a

  6  prophylactic or treatment regimen when there is a significant

  7  risk to the public health from a disease, an environmental

  8  contaminant, or a suspected act of nuclear, biological, or

  9  chemical terrorism.

10         (b)  The State Health Officer, upon declaration of a

11  public health emergency pursuant to s. 381.00315, may take

12  such actions as are necessary to protect the public health.

13  Such actions shall include, but are not limited to:

14         1.  Directing Florida manufacturers and wholesalers of

15  prescription and over-the-counter drugs permitted under

16  chapter 499 to give priority to shipping such drugs to

17  pharmacies and health care providers located in geographic

18  areas identified by the State Health Officer. Florida

19  manufacturers and wholesalers must respond to the State Health

20  Officer's priority shipping directive before shipping the

21  specified drugs to other pharmacies or health care providers

22  in Florida.

23         2.  Notwithstanding s. 456.036, temporarily

24  reactivating the inactive licenses of physicians licensed

25  under chapter 458 or chapter 459; physician assistants

26  licensed under chapter 458 or chapter 459; licensed practical

27  nurses, registered nurses, and advanced registered nurse

28  practitioners licensed under chapter 464; respiratory

29  therapists licensed under part V of chapter 468; and emergency

30  medical technicians and paramedics licensed under chapter 401

31  when such practitioners are needed to respond to the public

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  1  health emergency. Only those licensees referenced in this

  2  subparagraph who request reactivation and have unencumbered

  3  inactive licenses are eligible for reactivation.  Any inactive

  4  license reactivated pursuant to this subparagraph shall return

  5  to inactive status when the public health emergency ends or

  6  prior to the end of the public health emergency if the State

  7  Health Officer determines that the health care practitioner is

  8  no longer needed to provide services during the emergency. The

  9  license may only be reactivated for a period not to exceed 90

10  days without meeting the requirements of s. 456.036 or chapter

11  401. If a physician assistant or advanced registered nurse

12  practitioner requests reactivation and volunteers during the

13  declared public health emergency, the county health department

14  medical director, if appropriate, shall serve as the

15  supervising physician for the physician assistant and shall be

16  authorized to delegate acts of medical diagnosis and treatment

17  to the advanced registered nurse practitioner.

18         3.  Notwithstanding any law to the contrary, compelling

19  an individual to be examined, tested, vaccinated, treated, or

20  quarantined for communicable diseases that have significant

21  morbidity or mortality and present a severe danger to public

22  health. Prior to taking action under this subparagraph, the

23  State Health Officer shall, to the extent possible, consult

24  with the Governor.

25         a.  Examination, testing, or treatment may be performed

26  by any qualified person authorized by the State Health

27  Officer. Individuals who are unable or unwilling to be

28  examined, tested, vaccinated, or treated for reasons of

29  health, religion, or conscience may be subjected to

30  quarantine.

31         b.  If the individual poses a danger to public health,

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  1  the State Health Officer may subject the individual to

  2  quarantine. If there is no practicable method to quarantine

  3  the individual, the State Health Officer may use any means

  4  necessary to vaccinate or treat the individual.

  5         c.  Any order of the State Health Officer given to

  6  effectuate this subparagraph shall be immediately enforceable

  7  by law enforcement.

  8

  9  Individuals who assist the State Health Officer at his or her

10  request on a volunteer basis during a public health emergency

11  declared pursuant to s. 381.00315 shall be entitled to the

12  benefits in s. 110.504(2), (3), (4), and (5).

13         Section 18.  Section 381.0034, Florida Statutes, is

14  amended to read:

15         381.0034  Requirement for instruction on conditions

16  caused by nuclear, biological, and chemical terrorism and on

17  human immunodeficiency virus and acquired immune deficiency

18  syndrome.--

19         (1)  As of July 1, 1991, The Department of Health shall

20  require each person licensed or certified under chapter 401,

21  chapter 467, part IV of chapter 468, or chapter 483, as a

22  condition of biennial relicensure, to complete an educational

23  course approved by the department on conditions caused by

24  nuclear, biological, and chemical terrorism. The course shall

25  consist of education on diagnosis and treatment, the modes of

26  transmission, infection control procedures, and clinical

27  management. Such course shall also include information on

28  reporting suspected cases of conditions caused by nuclear,

29  biological, or chemical terrorism to the appropriate health

30  and law enforcement authorities, and prevention of human

31  immunodeficiency virus and acquired immune deficiency

                                  20

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  1  syndrome. Such course shall include information on current

  2  Florida law on acquired immune deficiency syndrome and its

  3  impact on testing, confidentiality of test results, and

  4  treatment of patients. Each such licensee or certificateholder

  5  shall submit confirmation of having completed said course, on

  6  a form provided by the department, when submitting fees or

  7  application for each biennial renewal.

  8         (2)  Failure to complete the requirements of this

  9  section shall be grounds for disciplinary action contained in

10  the chapters specified in subsection (1).  In addition to

11  discipline by the department, the licensee or

12  certificateholder shall be required to complete the required

13  said course or courses.

14         (3)  The department shall require, as a condition of

15  granting a license under the chapters specified in subsection

16  (1), that an applicant making initial application for

17  licensure complete respective an educational courses course

18  acceptable to the department on conditions caused by nuclear,

19  biological, and chemical terrorism and on human

20  immunodeficiency virus and acquired immune deficiency

21  syndrome.  An applicant who has not taken such courses a

22  course at the time of licensure shall, upon an affidavit

23  showing good cause, be allowed 6 months to complete this

24  requirement.

25         (4)  The department shall have the authority to adopt

26  rules to carry out the provisions of this section.

27         (5)  Any professional holding two or more licenses or

28  certificates subject to the provisions of this section shall

29  be permitted to show proof of having taken one

30  department-approved course on conditions caused by nuclear,

31  biological, and chemical terrorism human immunodeficiency

                                  21

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  1  virus and acquired immune deficiency syndrome, for purposes of

  2  relicensure or recertification for the additional licenses.

  3         Section 19.  Section 381.0035, Florida Statutes, is

  4  amended to read:

  5         381.0035  Educational courses course on human

  6  immunodeficiency virus and acquired immune deficiency syndrome

  7  and on conditions caused by nuclear, biological, and chemical

  8  terrorism; employees and clients of certain health care

  9  facilities.--

10         (1)(a)  The Department of Health shall require all

11  employees and clients of facilities licensed under chapters

12  393, 394, and 397 and employees of facilities licensed under

13  chapter 395 and parts II, III, IV, and VI of chapter 400 to

14  complete, biennially, a continuing educational course on the

15  modes of transmission, infection control procedures, clinical

16  management, and prevention of human immunodeficiency virus and

17  acquired immune deficiency syndrome with an emphasis on

18  appropriate behavior and attitude change. Such instruction

19  shall include information on current Florida law and its

20  impact on testing, confidentiality of test results, and

21  treatment of patients and any protocols and procedures

22  applicable to human immunodeficiency counseling and testing,

23  reporting, the offering of HIV testing to pregnant women, and

24  partner notification issues pursuant to ss. 381.004 and

25  384.25.

26         (b)  The department shall require all employees of

27  facilities licensed under chapters 393, 394, 395, and 397 and

28  parts II, III, IV, and VI of chapter 400 to complete,

29  biennially, a continuing educational course on conditions

30  caused by nuclear, biological, and chemical terrorism. The

31  course shall consist of education on diagnosis and treatment,

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  1  modes of transmission, infection control procedures, and

  2  clinical management. Such course shall also include

  3  information on reporting suspected cases of conditions caused

  4  by nuclear, biological, or chemical terrorism to the

  5  appropriate health and law enforcement authorities.

  6         (2)  New employees of facilities licensed under

  7  chapters 393, 394, 395, and 397 and parts II, III, IV, and VI

  8  of chapter 400 shall be required to complete a course on human

  9  immunodeficiency virus and acquired immune deficiency

10  syndrome, with instruction to include information on current

11  Florida law and its impact on testing, confidentiality of test

12  results, and treatment of patients. New employees of such

13  facilities shall also be required to complete a course on

14  conditions caused by nuclear, biological, and chemical

15  terrorism, with instruction to include information on

16  reporting suspected cases to the appropriate health and law

17  enforcement authorities.

18         (3)  Facilities licensed under chapters 393, 394, 395,

19  and 397, and parts II, III, IV, and VI of chapter 400 shall

20  maintain a record of employees and dates of attendance at

21  human immunodeficiency virus and acquired immune deficiency

22  syndrome educational courses on human immunodeficiency virus

23  and acquired immune deficiency syndrome and on conditions

24  caused by nuclear, biological, and chemical terrorism.

25         (4)  The department shall have the authority to review

26  the records of each facility to determine compliance with the

27  requirements of this section.  The department may adopt rules

28  to carry out the provisions of this section.

29         (5)  In lieu of completing a course as required in

30  paragraph (1)(b), the employee may complete a course on

31  end-of-life care and palliative health care or a course on

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  1  HIV/AIDS so long as the employee completed an approved course

  2  on conditions caused by nuclear, biological, and chemical

  3  terrorism in the immediately preceding biennium.

  4         Section 20.  Section 381.0421, Florida Statutes, is

  5  created to read:

  6         381.0421  Vaccination against meningococcal meningitis

  7  and hepatitis B.--

  8         (1)  A postsecondary educational institution shall

  9  provide detailed information concerning the risks associated

10  with meningococcal meningitis and hepatitis B and the

11  availability, effectiveness, and known contraindications of

12  any required or recommended vaccine against meningococcal

13  meningitis and hepatitis B to every student, or to the

14  student's parent or guardian if the student is a minor, who

15  has been accepted for admission.

16         (2)  An individual enrolled in a postsecondary

17  educational institution who will be residing in on-campus

18  housing shall provide documentation of vaccinations against

19  meningococcal meningitis and hepatitis B unless the

20  individual, if the individual is 18 years of age or older, or

21  the individual's parent or guardian, if the individual is a

22  minor, declines the vaccinations by signing a separate waiver

23  for each of these vaccines provided by the institution

24  acknowledging receipt and review of the information provided.

25         (3)  This section does not require any postsecondary

26  educational institution to provide or pay for vaccinations

27  against meningococcal meningitis or hepatitis B.

28         Section 21.  Subsection (4) of section 395.1027,

29  Florida Statutes, is amended to read:

30         395.1027  Regional poison control centers.--

31         (4)  By October 1, 1999, each regional poison control

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  1  center shall develop a prehospital emergency dispatch protocol

  2  with each licensee defined by s. 401.23(14)(13) in the

  3  geographic area covered by the regional poison control center.

  4  The prehospital emergency dispatch protocol shall be developed

  5  by each licensee's medical director in conjunction with the

  6  designated regional poison control center responsible for the

  7  geographic area in which the licensee operates. The protocol

  8  shall define toxic substances and describe the procedure by

  9  which the designated regional poison control center may be

10  consulted by the licensee. If a call is transferred to the

11  designated regional poison control center in accordance with

12  the protocol established under this section and s. 401.268,

13  the designated regional poison control center shall assume

14  responsibility and liability for the call.

15         Section 22.  Section 401.23, Florida Statutes, is

16  amended to read:

17         401.23  Definitions.--As used in this part, the term:

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

19  and techniques described in the most recent United States

20  Department of Transportation National Standard Paramedic

21  Curriculum by a paramedic under the supervision of a

22  licensee's medical director as required by rules of the

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

24  other techniques that have been approved and are performed

25  under conditions specified by rules of the department. The

26  term "advanced life support" also includes provision of care

27  by a paramedic under the supervision of a licensee's medical

28  director to a person experiencing an emergency medical

29  condition as defined in subsection (11) treatment of

30  life-threatening medical emergencies through the use of

31  techniques such as endotracheal intubation, the administration

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  1  of drugs or intravenous fluids, telemetry, cardiac monitoring,

  2  and cardiac defibrillation by a qualified person, pursuant to

  3  rules of the department.

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

  5  emergency medical transport or nontransport service which uses

  6  advanced life support techniques.

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

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

  9  transportation of sick or injured persons requiring or likely

10  to require medical attention during transport.

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

12  privately owned service, licensed in accordance with the

13  provisions of this part, which operates air ambulances to

14  transport persons requiring or likely to require medical

15  attention during transport.

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

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

18  vehicle that is designed, constructed, reconstructed,

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

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

21  or injured persons requiring or likely to require medical

22  attention during transport.

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

24  requirements of s. 401.281.

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

26  techniques described in the most recent United States

27  Department of Transportation National Standard EMT-Basic

28  Curriculum by an emergency medical technician or paramedic

29  under the supervision of a licensee's medical director as

30  required by rules of the department. The term "basic life

31  support" also includes other techniques that have been

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  1  approved and are performed under conditions specified by rules

  2  of the department. The term "basic life support" also includes

  3  provision of care by a paramedic or emergency medical

  4  technician under the supervision of a licensee's medical

  5  director to a person experiencing an emergency medical

  6  condition as defined in subsection (11) treatment of medical

  7  emergencies by a qualified person through the use of

  8  techniques such as patient assessment, cardiopulmonary

  9  resuscitation (CPR), splinting, obstetrical assistance,

10  bandaging, administration of oxygen, application of medical

11  antishock trousers, administration of a subcutaneous injection

12  using a premeasured autoinjector of epinephrine to a person

13  suffering an anaphylactic reaction, and other techniques

14  described in the Emergency Medical Technician Basic Training

15  Course Curriculum of the United States Department of

16  Transportation.  The term "basic life support" also includes

17  other techniques which have been approved and are performed

18  under conditions specified by rules of the department.

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

20  medical service which uses only basic life support techniques.

21         (9)  "Certification" means any authorization issued

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

23  medical technician or a paramedic.

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

25         (11)  "Emergency medical condition" means:

26         (a)  A medical condition manifesting itself by acute

27  symptoms of sufficient severity, which may include severe

28  pain, psychiatric disturbances, symptoms of substance abuse,

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

30  medical attention could reasonably be expected to result in

31  any of the following:

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  1         1.  Serious jeopardy to the health of a patient,

  2  including a pregnant woman or fetus.

  3         2.  Serious impairment to bodily functions.

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

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

  6  evidence of the onset and persistence of uterine contractions

  7  or rupture of the membranes.

  8         (c)  With respect to a person exhibiting acute

  9  psychiatric disturbance or substance abuse, that the absence

10  of immediate medical attention could reasonably be expected to

11  result in:

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

13         2.  Serious jeopardy to the health of others.

14         (12)(11)  "Emergency medical technician" means a person

15  who is certified by the department to perform basic life

16  support pursuant to this part.

17         (13)(12)  "Interfacility transfer" means the

18  transportation by ambulance of a patient between two

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

20  400, pursuant to this part.

21         (14)(13)  "Licensee" means any basic life support

22  service, advanced life support service, or air ambulance

23  service licensed pursuant to this part.

24         (15)(14)  "Medical direction" means direct supervision

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

26  such voice communication is unavailable, through established

27  standing orders, pursuant to rules of the department.

28         (16)(15)  "Medical director" means a physician who is

29  employed or contracted by a licensee and who provides medical

30  supervision, including appropriate quality assurance but not

31  including administrative and managerial functions, for daily

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  1  operations and training pursuant to this part.

  2         (17)(16)  "Mutual aid agreement" means a written

  3  agreement between two or more entities whereby the signing

  4  parties agree to lend aid to one another under conditions

  5  specified in the agreement and as sanctioned by the governing

  6  body of each affected county.

  7         (18)(17)  "Paramedic" means a person who is certified

  8  by the department to perform basic and advanced life support

  9  pursuant to this part.

10         (19)(18)  "Permit" means any authorization issued

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

12  life support or advanced life support transport vehicle or an

13  advanced life support nontransport vehicle providing basic or

14  advanced life support.

15         (20)(19)  "Physician" means a practitioner who is

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

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

18  subsection (15) (14) for the treatment of patients immediately

19  prior to or during transportation to a United States

20  Department of Veterans Affairs medical facility, "physician"

21  also means a practitioner employed by the United States

22  Department of Veterans Affairs.

23         (21)(20)  "Registered nurse" means a practitioner who

24  is licensed to practice professional nursing pursuant to part

25  I of chapter 464.

26         (22)(21)  "Secretary" means the Secretary of Health.

27         (23)(22)  "Service location" means any permanent

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

29  conducts business under this part.

30         Section 23.  Paragraph (b) of subsection (2) of section

31  401.245, Florida Statutes, is amended to read:

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  1         401.245  Emergency Medical Services Advisory Council.--

  2         (2)

  3         (b)  Representation on the Emergency Medical Services

  4  Advisory Council shall include:  two licensed physicians who

  5  are "medical directors" as defined in s. 401.23(16)(15) or

  6  whose medical practice is closely related to emergency medical

  7  services; two emergency medical service administrators, one of

  8  whom is employed by a fire service; two certified paramedics,

  9  one of whom is employed by a fire service; two certified

10  emergency medical technicians, one of whom is employed by a

11  fire service; one emergency medical services educator; one

12  emergency nurse; one hospital administrator; one

13  representative of air ambulance services; one representative

14  of a commercial ambulance operator; and two laypersons who are

15  in no way connected with emergency medical services, one of

16  whom is a representative of the elderly. Ex officio members of

17  the advisory council from state agencies shall include, but

18  shall not be limited to, representatives from the Department

19  of Education, the Department of Management Services, the

20  Department of Insurance, the Department of Highway Safety and

21  Motor Vehicles, the Department of Transportation, and the

22  Department of Community Affairs.

23         Section 24.  Subsection (1) of section 401.252, Florida

24  Statutes, is amended to read:

25         401.252  Interfacility transfer.--

26         (1)  A licensed basic or advanced life support

27  ambulance service may conduct interfacility transfers in a

28  permitted ambulance, using a registered nurse or physician

29  assistant in place of an emergency medical technician or

30  paramedic, if:

31         (a)  The registered nurse or physician assistant holds

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  1  a current certificate of successful course completion in

  2  advanced cardiac life support;

  3         (b)  The physician in charge has granted permission for

  4  such a transfer, has designated the level of service required

  5  for such transfer, and has deemed the patient to be in such a

  6  condition appropriate to this type of ambulance staffing; and

  7         (c)  The registered nurse operates within the scope of

  8  part I of chapter 464 or the physician assistant operates

  9  within the physician assistant's scope of practice under

10  chapter 458 or chapter 459.

11         Section 25.  Subsection (6) of section 401.27, Florida

12  Statutes, is amended to read:

13         401.27  Personnel; standards and certification.--

14         (6)(a)  The department shall establish by rule a

15  procedure for biennial renewal certification of emergency

16  medical technicians. Such rules must require a United States

17  Department of Transportation refresher training program of at

18  least 30 hours as approved by the department every 2 years.

19  Completion of the course required by s. 381.0034(1) shall

20  count toward the 30 hours. The refresher program may be

21  offered in multiple presentations spread over the 2-year

22  period.  The rules must also provide that the refresher course

23  requirement may be satisfied by passing a challenge

24  examination.

25         (b)  The department shall establish by rule a procedure

26  for biennial renewal certification of paramedics.  Such rules

27  must require candidates for renewal to have taken at least 30

28  hours of continuing education units during the 2-year period.

29  Completion of the course required by s. 381.0034(1) shall

30  count toward the 30 hours. The rules must provide that the

31  continuing education requirement may be satisfied by passing a

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  1  challenge examination.

  2         Section 26.  Section 456.033, Florida Statutes, is

  3  amended to read:

  4         456.033  Requirement for instruction for certain

  5  licensees on conditions caused by nuclear, biological, and

  6  chemical terrorism and on HIV and AIDS.--

  7         (1)  The appropriate board shall require each person

  8  licensed or certified under chapter 457; chapter 458; chapter

  9  459; chapter 460; chapter 461; chapter 463; part I of chapter

10  464; chapter 465; chapter 466; part II, part III, part V, or

11  part X of chapter 468; or chapter 486 to complete a continuing

12  educational course, approved by the board, on conditions

13  caused by nuclear, biological, and chemical terrorism human

14  immunodeficiency virus and acquired immune deficiency syndrome

15  as part of biennial relicensure or recertification. The course

16  shall consist of education on diagnosis and treatment, the

17  modes of transmission, infection control procedures, and

18  clinical management. Such course shall also include

19  information on reporting suspected cases of conditions caused

20  by nuclear, biological, or chemical terrorism to the

21  appropriate health and law enforcement authorities, and

22  prevention of human immunodeficiency virus and acquired immune

23  deficiency syndrome. Such course shall include information on

24  current Florida law on acquired immune deficiency syndrome and

25  its impact on testing, confidentiality of test results,

26  treatment of patients, and any protocols and procedures

27  applicable to human immunodeficiency virus counseling and

28  testing, reporting, the offering of HIV testing to pregnant

29  women, and partner notification issues pursuant to ss. 381.004

30  and 384.25.

31         (2)  Each such licensee or certificateholder shall

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  1  submit confirmation of having completed said course, on a form

  2  as provided by the board, when submitting fees for each

  3  biennial renewal.

  4         (3)  The board shall have the authority to approve

  5  additional equivalent courses that may be used to satisfy the

  6  requirements in subsection (1).  Each licensing board that

  7  requires a licensee to complete an educational course pursuant

  8  to this section may count the hours required for completion of

  9  the course included in the total continuing educational

10  requirements as required by law.

11         (4)  Any person holding two or more licenses subject to

12  the provisions of this section shall be permitted to show

13  proof of having taken one board-approved course on conditions

14  caused by nuclear, biological, and chemical terrorism human

15  immunodeficiency virus and acquired immune deficiency

16  syndrome, for purposes of relicensure or recertification for

17  additional licenses.

18         (5)  Failure to comply with the above requirements of

19  this section shall constitute grounds for disciplinary action

20  under each respective licensing chapter and s. 456.072(1)(e).

21  In addition to discipline by the board, the licensee shall be

22  required to complete the required course or courses.

23         (6)  The board shall require as a condition of granting

24  a license under the chapters and parts specified in subsection

25  (1) that an applicant making initial application for licensure

26  complete respective an educational courses course acceptable

27  to the board on conditions caused by nuclear, biological, and

28  chemical terrorism and on human immunodeficiency virus and

29  acquired immune deficiency syndrome. An applicant who has not

30  taken such courses a course at the time of licensure shall,

31  upon an affidavit showing good cause, be allowed 6 months to

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  1  complete this requirement.

  2         (7)  The board shall have the authority to adopt rules

  3  to carry out the provisions of this section.

  4         (8)  The board shall report to the Legislature by March

  5  1 of each year as to the implementation and compliance with

  6  the requirements of this section.

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

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

  9  end-of-life care and palliative health care or a course on

10  HIV/AIDS, so long as the licensee completed an approved

11  AIDS/HIV course on conditions caused by nuclear, biological,

12  and chemical terrorism in the immediately preceding biennium.

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

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

15  completed an approved AIDS/HIV course in the immediately

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

17  of Dentistry.

18         Section 27.  Section 456.0345, Florida Statutes, is

19  created to read:

20         456.0345  Life support training.--Health care

21  practitioners who obtain training in advanced cardiac life

22  support, cardiopulmonary resuscitation, or emergency first aid

23  shall receive an equivalent number of continuing education

24  course credits which may be applied toward licensure renewal

25  requirements.

26         Section 28.  Paragraph (e) of subsection (1) of section

27  456.072, Florida Statutes, is amended to read:

28         456.072  Grounds for discipline; penalties;

29  enforcement.--

30         (1)  The following acts shall constitute grounds for

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

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  1  be taken:

  2         (e)  Failing to comply with the educational course

  3  requirements for conditions caused by nuclear, biological, and

  4  chemical terrorism or for human immunodeficiency virus and

  5  acquired immune deficiency syndrome.

  6         Section 29.  Section 456.38, Florida Statutes, is

  7  amended to read:

  8         456.38  Practitioner registry for disasters and

  9  emergencies.--The Department of Health shall may include on

10  its application and renewal forms for the licensure or

11  certification of health care practitioners licensed pursuant

12  to chapter 458, chapter 459, chapter 464, or part V of chapter

13  468, as defined in s. 456.001, who could assist the department

14  in the event of a disaster a question asking if the

15  practitioner would be available to provide health care

16  services in special needs shelters or to help staff disaster

17  medical assistance teams during times of emergency or major

18  disaster. The names of practitioners who answer affirmatively

19  shall be maintained by the department as a health care

20  practitioner registry for disasters and emergencies. A health

21  care practitioner who volunteers his or her services in a

22  special needs shelter or as part of a disaster medical

23  assistance team during a time of emergency or disaster shall

24  not be terminated or discriminated against by his or her

25  employer for such volunteer work, provided that the health

26  care practitioner returns to his or her regular employment

27  within 2 weeks or within a longer period that has been

28  previously approved by the employer in writing.

29         Section 30.  Subsection (4) of section 458.319, Florida

30  Statutes, is amended to read:

31         458.319  Renewal of license.--

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  1         (4)  Notwithstanding the provisions of s. 456.033, a

  2  physician may complete continuing education on end-of-life

  3  care and palliative care in lieu of continuing education in

  4  conditions caused by nuclear, biological, and chemical

  5  terrorism AIDS/HIV, if that physician has completed the

  6  AIDS/HIV continuing education in conditions caused by nuclear,

  7  biological, and chemical terrorism in the immediately

  8  preceding biennium.

  9         Section 31.  Subsection (5) of section 459.008, Florida

10  Statutes, is amended to read:

11         459.008  Renewal of licenses and certificates.--

12         (5)  Notwithstanding the provisions of s. 456.033, an

13  osteopathic physician may complete continuing education on

14  end-of-life and palliative care in lieu of continuing

15  education in conditions caused by nuclear, biological, and

16  chemical terrorism AIDS/HIV, if that physician has completed

17  the AIDS/HIV continuing education in conditions caused by

18  nuclear, biological, and chemical terrorism in the immediately

19  preceding biennium.

20         Section 32.  Subsections (1), (2), and (6) of section

21  765.512, Florida Statutes, are amended to read:

22         765.512  Persons who may make an anatomical gift.--

23         (1)  Any person who may make a will may give all or

24  part of his or her body for any purpose specified in s.

25  765.510, the gift to take effect upon death.  An anatomical

26  gift made by an adult donor and not revoked by the donor as

27  provided in s. 765.516 is irrevocable and does not require the

28  consent or concurrence of any person after the donor's death.

29  A family member, guardian, representative ad litem, or health

30  care surrogate of a decedent who has made an anatomical gift

31  may not modify the decedent's wishes or deny or prevent the

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  1  anatomical gift from being made.

  2         (2)  If the decedent has executed an agreement

  3  concerning an anatomical gift, by including signing an organ

  4  and tissue donor card, by expressing his or her wish to donate

  5  in a living will or advance directive, or by signifying his or

  6  her intent to donate on his or her driver's license or in some

  7  other written form has indicated his or her wish to make an

  8  anatomical gift, and in the absence of actual notice of

  9  contrary indications by the decedent, the document is evidence

10  of legally sufficient informed consent to donate an anatomical

11  gift and is legally binding. Any surrogate designated by the

12  decedent pursuant to part II of this chapter may give all or

13  any part of the decedent's body for any purpose specified in

14  s. 765.510.

15         (6)  A gift of all or part of a body authorizes:

16         (a)  Any examination necessary to assure medical

17  acceptability of the gift for the purposes intended.

18         (b)  The decedent's medical provider, family, or a

19  third party to furnish medical records requested concerning

20  the decedent's medical and social history.

21         Section 33.  Subsection (1) of section 765.516, Florida

22  Statutes, is amended to read:

23         765.516  Amendment of the terms of or the revocation of

24  the gift.--

25         (1)  A donor may amend the terms of or revoke an

26  anatomical gift by:

27         (a)  The execution and delivery to the donee of a

28  signed statement.

29         (b)  An oral statement that is:

30         1.  Made to the donor's spouse; or

31         2.  made in the presence of two persons, other than the

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  1  donor's spouse, and communicated to the donor's family or

  2  attorney or to the donee.

  3         (c)  A statement during a terminal illness or injury

  4  addressed to an attending physician, who must communicate the

  5  revocation of the gift to the procurement organization that is

  6  certified by the state.

  7         (d)  A signed document found on or about the donor's

  8  person or in the donor's effects.

  9         Section 34.  Subsection (5) of section 456.073, Florida

10  Statutes, is amended to read:

11         456.073  Disciplinary proceedings.--Disciplinary

12  proceedings for each board shall be within the jurisdiction of

13  the department.

14         (5)(a)  A formal hearing before an administrative law

15  judge from the Division of Administrative Hearings shall be

16  held pursuant to chapter 120 if there are any disputed issues

17  of material fact raised within 60 days after service of the

18  administrative complaint.  The administrative law judge shall

19  issue a recommended order pursuant to chapter 120.  If any

20  party raises an issue of disputed fact during an informal

21  hearing, the hearing shall be terminated and a formal hearing

22  pursuant to chapter 120 shall be held.

23         (b)  Notwithstanding s. 120.569(2), the department

24  shall notify the division within 45 days after receipt of a

25  petition or request for a hearing that the department has

26  determined requires a formal hearing before an administrative

27  law judge.

28         Section 35.  The Office of Program Policy Analysis and

29  Government Accountability and the Auditor General shall

30  conduct a joint audit of all hearings and billings therefor

31  conducted by the Division of Administrative Hearings for all

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  1  state agencies and nonstate agencies and shall present a

  2  report to the President of the Senate and the Speaker of the

  3  House of Representatives on or before January 1, 2003, which

  4  contains findings and recommendations regarding the manner in

  5  which the division charges for its services.  The report shall

  6  recommend alternative billing formulas.

  7         Section 36.  Subsection (7) is added to section

  8  456.076, Florida Statutes, to read:

  9         456.076  Treatment programs for impaired

10  practitioners.--

11         (7)  Each licensee participating in an impaired

12  practitioner program pursuant to this section shall pay a

13  portion of the costs of the consultant and impaired

14  practitioner program, as determined by rule of the department,

15  incurred as a result of that licensee, unless the consultant

16  finds the licensee to be financially unable to pay in

17  accordance with rules set forth by the department.  Payment of

18  these costs shall be a condition of the contract between the

19  impaired practitioner program and the impaired practitioner.

20  Failure to pay the required costs shall be a violation of the

21  contract, unless prior arrangements have been made with the

22  impaired practitioner program.  If the licensee has entered

23  the impaired practitioner program as a result of a

24  disciplinary investigation, such payment shall be included in

25  the final order imposing discipline.  The remaining costs

26  shall be paid out of the Medical Quality Assurance Trust Fund

27  or other federal, state, or private program funds.  Each

28  licensee shall pay the full cost of the approved treatment

29  program or other treatment plan required by the impaired

30  practitioner program, unless private funds are available to

31  assist with such payment.

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  1         Section 37.  Section 456.047, Florida Statutes, is

  2  repealed.

  3         Section 38.  All revenues associated with s. 456.047,

  4  Florida Statutes, and collected by the Department of Health on

  5  or before July 1, 2002, shall remain in the Medical Quality

  6  Assurance Trust Fund, and no refunds shall be given.

  7         Section 39.  Paragraph (d) of subsection (4) of section

  8  456.039, Florida Statutes, is amended to read:

  9         456.039  Designated health care professionals;

10  information required for licensure.--

11         (4)

12         (d)  Any applicant for initial licensure or renewal of

13  licensure as a health care practitioner who submits to the

14  Department of Health a set of fingerprints or information

15  required for the criminal history check required under this

16  section shall not be required to provide a subsequent set of

17  fingerprints or other duplicate information required for a

18  criminal history check to the Agency for Health Care

19  Administration, the Department of Juvenile Justice, or the

20  Department of Children and Family Services for employment or

21  licensure with such agency or department if the applicant has

22  undergone a criminal history check as a condition of initial

23  licensure or licensure renewal as a health care practitioner

24  with the Department of Health or any of its regulatory boards,

25  notwithstanding any other provision of law to the contrary. In

26  lieu of such duplicate submission, the Agency for Health Care

27  Administration, the Department of Juvenile Justice, and the

28  Department of Children and Family Services shall obtain

29  criminal history information for employment or licensure of

30  health care practitioners by such agency and departments from

31  the Department of Health Health's health care practitioner

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  1  credentialing system.

  2         Section 40.  Paragraph (d) of subsection (4) of section

  3  456.0391, Florida Statutes, is amended to read:

  4         456.0391  Advanced registered nurse practitioners;

  5  information required for certification.--

  6         (4)

  7         (d)  Any applicant for initial certification or renewal

  8  of certification as an advanced registered nurse practitioner

  9  who submits to the Department of Health a set of fingerprints

10  and information required for the criminal history check

11  required under this section shall not be required to provide a

12  subsequent set of fingerprints or other duplicate information

13  required for a criminal history check to the Agency for Health

14  Care Administration, the Department of Juvenile Justice, or

15  the Department of Children and Family Services for employment

16  or licensure with such agency or department, if the applicant

17  has undergone a criminal history check as a condition of

18  initial certification or renewal of certification as an

19  advanced registered nurse practitioner with the Department of

20  Health, notwithstanding any other provision of law to the

21  contrary. In lieu of such duplicate submission, the Agency for

22  Health Care Administration, the Department of Juvenile

23  Justice, and the Department of Children and Family Services

24  shall obtain criminal history information for employment or

25  licensure of persons certified under s. 464.012 by such agency

26  or department from the Department of Health Health's health

27  care practitioner credentialing system.

28         Section 41.  Paragraph (v) of subsection (1) of section

29  456.072, Florida Statutes, is amended to read:

30         456.072  Grounds for discipline; penalties;

31  enforcement.--

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  1         (1)  The following acts shall constitute grounds for

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

  3  be taken:

  4         (v)  Failing to comply with the requirements for

  5  profiling and credentialing, including, but not limited to,

  6  failing to provide initial information, failing to timely

  7  provide updated information, or making misleading, untrue,

  8  deceptive, or fraudulent representations on a profile,

  9  credentialing, or initial or renewal licensure application.

10         Section 42.  Subsection (2) of section 456.077, Florida

11  Statutes, is amended to read:

12         456.077  Authority to issue citations.--

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

14  shall adopt rules designating violations for which a citation

15  may be issued. Such rules shall designate as citation

16  violations those violations for which there is no substantial

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

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

19  continuing education requirements; failure to timely pay

20  required fees and fines; failure to comply with the

21  requirements of ss. 381.026 and 381.0261 regarding the

22  dissemination of information regarding patient rights; failure

23  to comply with advertising requirements; failure to timely

24  update practitioner profile and credentialing files; failure

25  to display signs, licenses, and permits; failure to have

26  required reference books available; and all other violations

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

28  safety of the patient.

29         Section 43.  Subsection (3) of section 458.309, Florida

30  Statutes, is amended to read:

31         458.309  Authority to make rules.--

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  1         (3)  All physicians who perform level 2 procedures

  2  lasting more than 5 minutes and all level 3 surgical

  3  procedures in an office setting must register the office with

  4  the department unless that office is licensed as a facility

  5  pursuant to chapter 395. Each office that is required under

  6  this subsection to be registered must be The department shall

  7  inspect the physician's office annually unless the office is

  8  accredited by a nationally recognized accrediting agency

  9  approved by the Board of Medicine by rule or an accrediting

10  organization subsequently approved by the Board of Medicine by

11  rule.  Each office registered but not accredited as required

12  by this subsection must achieve full and unconditional

13  accreditation no later than July 1, 2003, and must maintain

14  unconditional accreditation as long as procedures described in

15  this subsection that require the office to be registered and

16  accredited are performed.  Accreditation reports shall be

17  submitted to the department. The actual costs for registration

18  and inspection or accreditation shall be paid by the person

19  seeking to register and operate the office setting in which

20  office surgery is performed.  The board may adopt rules

21  pursuant to ss. 120.536(1) and 120.54 to implement this

22  subsection.

23         Section 44.  Subsection (2) of section 459.005, Florida

24  Statutes, is amended to read:

25         459.005  Rulemaking authority.--

26         (2)  All osteopathic physicians who perform level 2

27  procedures lasting more than 5 minutes and all level 3

28  surgical procedures in an office setting must register the

29  office with the department unless that office is licensed as a

30  facility pursuant to chapter 395.  Each office that is

31  required under this subsection to be registered must be The

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  1  department shall inspect the physician's office annually

  2  unless the office is accredited by a nationally recognized

  3  accrediting agency approved by the Board of Medicine or the

  4  Board of Osteopathic Medicine by rule or an accrediting

  5  organization subsequently approved by the Board of Medicine or

  6  the Board of Osteopathic Medicine by rule.  Each office

  7  registered but not accredited as required by this subsection

  8  must achieve full and unconditional accreditation no later

  9  than July 1, 2003, and must maintain unconditional

10  accreditation as long as procedures described in this

11  subsection that require the office to be registered and

12  accredited are performed.  Accreditation reports shall be

13  submitted to the department.  The actual costs for

14  registration and inspection or accreditation shall be paid by

15  the person seeking to register and operate the office setting

16  in which office surgery is performed.  The Board of

17  Osteopathic Medicine may adopt rules pursuant to ss.

18  120.536(1) and 120.54 to implement this subsection.

19         Section 45.  Subsections (11) and (12) are added to

20  section 456.004, Florida Statutes, to read:

21         456.004  Department; powers and duties.--The

22  department, for the professions under its jurisdiction, shall:

23         (11)  Require objective performance measures for all

24  bureaus, units, boards, contracted entities, and board

25  executive directors that reflect the expected quality and

26  quantity of services.

27         (12)  Consider all board requests to use private

28  vendors for particular regulatory functions.  In considering a

29  board request, the department shall conduct an analysis to

30  determine if the function could be appropriately and

31  successfully performed by a private entity at a lower cost or

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  1  with improved efficiency.  If after reviewing the department's

  2  analysis the board desires to contract with a vendor for a

  3  particular regulatory function and the board has a positive

  4  cash balance, the department shall enter into a contract for

  5  the service.  The contract shall include objective performance

  6  measures that reflect the expected quality and quantity of the

  7  service and shall include a provision that terminates the

  8  contract if the service falls below expected levels.  For

  9  purposes of this subsection, a "regulatory function" shall be

10  defined to include licensure, licensure renewal, examination,

11  complaint analysis, investigation, or prosecution.

12         Section 46.  Subsection (1) of section 456.009, Florida

13  Statutes, is amended to read:

14         456.009  Legal and investigative services.--

15         (1)  The department shall provide board counsel for

16  boards within the department by contracting with the

17  Department of Legal Affairs, by retaining private counsel

18  pursuant to s. 287.059, or by providing department staff

19  counsel. The primary responsibility of board counsel shall be

20  to represent the interests of the citizens of the state. A

21  board shall provide for the periodic review and evaluation of

22  the services provided by its board counsel. Fees and costs of

23  such counsel shall be paid from a trust fund used by the

24  department to implement this chapter, subject to the

25  provisions of s. 456.025. All contracts for independent

26  counsel shall provide for periodic review and evaluation by

27  the board and the department of services provided. All legal

28  and investigative services shall be reviewed by the department

29  annually to determine if such services are meeting the

30  performance measures specified in law and in the contract. All

31  contracts for legal and investigative services must include

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  1  objective performance measures that reflect the expected

  2  quality and quantity of the contracted services.

  3         Section 47.  Subsection (6) is added to section

  4  456.011, Florida Statutes, to read:

  5         456.011  Boards; organization; meetings; compensation

  6  and travel expenses.--

  7         (6)  Meetings of board committees, including probable

  8  cause panels, shall be conducted electronically unless held

  9  concurrently with, or on the day immediately before or after,

10  a regularly scheduled in-person board meeting.  However, if a

11  particular committee meeting is expected to last more than 5

12  hours and cannot be held before or after the in-person board

13  meeting, the chair of the committee may request special

14  permission from the director of the Division of Medical

15  Quality Assurance to hold an in-person committee meeting. The

16  meeting shall be held in Tallahassee unless the chair of the

17  committee determines that another location is necessary due to

18  the subject matter to be discussed at the meeting and the

19  director authorizes the additional costs, if any.

20         Section 48.  Subsection (11) is added to section

21  456.026, Florida Statutes, to read:

22         456.026  Annual report concerning finances,

23  administrative complaints, disciplinary actions, and

24  recommendations.--The department is directed to prepare and

25  submit a report to the President of the Senate and the Speaker

26  of the House of Representatives by November 1 of each year. In

27  addition to finances and any other information the Legislature

28  may require, the report shall include statistics and relevant

29  information, profession by profession, detailing:

30         (11)  The performance measures for all bureaus, units,

31  boards, and contracted entities required by the department to

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  1  reflect the expected quality and quantity of services, and a

  2  description of any effort to improve the performance of such

  3  services.

  4         Section 49.  Section 458.3093, Florida Statutes, is

  5  created to read:

  6         458.3093  Licensure credentials verification.--All

  7  applicants for initial physician licensure pursuant to this

  8  chapter must submit their credentials to the Federation of

  9  State Medical Boards.  Effective January 1, 2003, the board

10  and the department shall only consider applications for

11  initial physician licensure pursuant to this chapter that have

12  been verified by the Federation of State Medical Boards

13  Credentials Verification Service or an equivalent program

14  approved by the board.

15         Section 50.  Section 459.0053, Florida Statutes, is

16  created to read:

17         459.0053  Licensure credentials verification.--All

18  applicants for initial osteopathic physician licensure

19  pursuant to this chapter must submit their credentials to the

20  Federation of State Medical Boards.  Effective January 1,

21  2003, the board and the department shall only consider

22  applications for initial osteopathic physician licensure

23  pursuant to this chapter that have been verified by the

24  Federation of State Medical Boards Credentials Verification

25  Service, the American Osteopathic Association, or an

26  equivalent program approved by the board.

27         Section 51.  Paragraph (t) of subsection (1) of section

28  458.331, Florida Statutes, is amended to read:

29         458.331  Grounds for disciplinary action; action by the

30  board and department.--

31         (1)  The following acts constitute grounds for denial

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  1  of a license or disciplinary action, as specified in s.

  2  456.072(2):

  3         (t)  Gross or repeated malpractice or the failure to

  4  practice medicine with that level of care, skill, and

  5  treatment which is recognized by a reasonably prudent similar

  6  physician as being acceptable under similar conditions and

  7  circumstances.  The board shall give great weight to the

  8  provisions of s. 766.102 when enforcing this paragraph.  As

  9  used in this paragraph, "repeated malpractice" includes, but

10  is not limited to, three or more claims for medical

11  malpractice within the previous 5-year period resulting in

12  indemnities being paid in excess of $50,000 $25,000 each to

13  the claimant in a judgment or settlement and which incidents

14  involved negligent conduct by the physician. As used in this

15  paragraph, "gross malpractice" or "the failure to practice

16  medicine with that level of care, skill, and treatment which

17  is recognized by a reasonably prudent similar physician as

18  being acceptable under similar conditions and circumstances,"

19  shall not be construed so as to require more than one

20  instance, event, or act.  Nothing in this paragraph shall be

21  construed to require that a physician be incompetent to

22  practice medicine in order to be disciplined pursuant to this

23  paragraph.

24         Section 52.  Paragraph (x) of subsection (1) of section

25  459.015, Florida Statutes, is amended to read:

26         459.015  Grounds for disciplinary action; action by the

27  board and department.--

28         (1)  The following acts constitute grounds for denial

29  of a license or disciplinary action, as specified in s.

30  456.072(2):

31         (x)  Gross or repeated malpractice or the failure to

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  1  practice osteopathic medicine with that level of care, skill,

  2  and treatment which is recognized by a reasonably prudent

  3  similar osteopathic physician as being acceptable under

  4  similar conditions and circumstances. The board shall give

  5  great weight to the provisions of s. 766.102 when enforcing

  6  this paragraph. As used in this paragraph, "repeated

  7  malpractice" includes, but is not limited to, three or more

  8  claims for medical malpractice within the previous 5-year

  9  period resulting in indemnities being paid in excess of

10  $50,000 $25,000 each to the claimant in a judgment or

11  settlement and which incidents involved negligent conduct by

12  the osteopathic physician. As used in this paragraph, "gross

13  malpractice" or "the failure to practice osteopathic medicine

14  with that level of care, skill, and treatment which is

15  recognized by a reasonably prudent similar osteopathic

16  physician as being acceptable under similar conditions and

17  circumstances" shall not be construed so as to require more

18  than one instance, event, or act. Nothing in this paragraph

19  shall be construed to require that an osteopathic physician be

20  incompetent to practice osteopathic medicine in order to be

21  disciplined pursuant to this paragraph.  A recommended order

22  by an administrative law judge or a final order of the board

23  finding a violation under this paragraph shall specify whether

24  the licensee was found to have committed "gross malpractice,"

25  "repeated malpractice," or "failure to practice osteopathic

26  medicine with that level of care, skill, and treatment which

27  is recognized as being acceptable under similar conditions and

28  circumstances," or any combination thereof, and any

29  publication by the board shall so specify.

30         Section 53.  Subsection (1) of section 627.912, Florida

31  Statutes, is amended to read:

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  1         627.912  Professional liability claims and actions;

  2  reports by insurers.--

  3         (1)  Each self-insurer authorized under s. 627.357 and

  4  each insurer or joint underwriting association providing

  5  professional liability insurance to a practitioner of medicine

  6  licensed under chapter 458, to a practitioner of osteopathic

  7  medicine licensed under chapter 459, to a podiatric physician

  8  licensed under chapter 461, to a dentist licensed under

  9  chapter 466, to a hospital licensed under chapter 395, to a

10  crisis stabilization unit licensed under part IV of chapter

11  394, to a health maintenance organization certificated under

12  part I of chapter 641, to clinics included in chapter 390, to

13  an ambulatory surgical center as defined in s. 395.002, or to

14  a member of The Florida Bar shall report in duplicate to the

15  Department of Insurance any claim or action for damages for

16  personal injuries claimed to have been caused by error,

17  omission, or negligence in the performance of such insured's

18  professional services or based on a claimed performance of

19  professional services without consent, if the claim resulted

20  in:

21         (a)  A final judgment in any amount.

22         (b)  A settlement in any amount.

23

24  Reports shall be filed with the Department of Insurance. and,

25  If the insured party is licensed under chapter 458, chapter

26  459, or chapter 461, or chapter 466, with the Department of

27  Health, and the final judgment or settlement was in an amount

28  exceeding $50,000, the report shall also be filed with the

29  Department of Health. If the insured is licensed under chapter

30  466 and the final judgment or settlement was in an amount

31  exceeding $25,000, the report shall also be filed with the

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  1  Department of Health. Reports must be filed no later than 30

  2  days following the occurrence of any event listed in this

  3  subsection paragraph (a) or paragraph (b). The Department of

  4  Health shall review each report and determine whether any of

  5  the incidents that resulted in the claim potentially involved

  6  conduct by the licensee that is subject to disciplinary

  7  action, in which case the provisions of s. 456.073 shall

  8  apply. The Department of Health, as part of the annual report

  9  required by s. 456.026, shall publish annual statistics,

10  without identifying licensees, on the reports it receives,

11  including final action taken on such reports by the Department

12  of Health or the appropriate regulatory board.

13         Section 54.  Subsections (14) and (15) are added to

14  section 456.073, Florida Statutes, to read:

15         456.073  Disciplinary proceedings.--Disciplinary

16  proceedings for each board shall be within the jurisdiction of

17  the department.

18         (14)  When the probable cause panel determines that

19  probable cause exists that a violation of law occurred but

20  decides to issue a letter of guidance in lieu of finding

21  probable cause as a result of mitigating circumstances, the

22  probable cause panel may require the subject to pay up to $300

23  of the costs of the investigation and prosecution of the case

24  within a time certain but not less than 30 days after the

25  execution of the closing order.  If the subject fails to pay

26  the costs within the time set by the probable cause panel,

27  the case may be reopened and the department may file an

28  administrative complaint against the subject based on the

29  underlying case.  No additional charges may be added as a

30  result of the subject failing to pay the costs.  The issuance

31  of a letter of guidance and the assessment of costs under this

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  1  subsection shall not be considered discipline, nor shall it be

  2  considered a final order of discipline.

  3         (15)  All cases in which no probable cause is found

  4  shall be closed within 14 days following the probable cause

  5  panel meeting at which such determination was made.  The

  6  department shall mail a copy of the closing order to the

  7  subject within 14 days after such probable cause panel

  8  meeting.

  9         Section 55.  The Office of Program Policy Analysis and

10  Governmental Accountability shall review the investigative

11  field office structure and organization of the Agency for

12  Health Care Administration to determine the feasibility of

13  eliminating all or some field offices, the feasibility of

14  combining field offices, and the feasibility of requiring

15  field inspectors and investigators to telecommute from home in

16  lieu of paying for office space.  The review shall include all

17  agency programs that have field offices, including health

18  practitioner regulation even if health practitioner regulation

19  is transferred to the Department of Health.  The review shall

20  be completed and a report issued to the President of the

21  Senate and the Speaker of the House of Representatives no

22  later than January 1, 2003.

23         Section 56.  Subsection (1) of section 456.025, Florida

24  Statutes, is amended to read:

25         456.025  Fees; receipts; disposition.--

26         (1)  It is the intent of the Legislature that all costs

27  of regulating health care professions and practitioners shall

28  be borne solely by licensees and licensure applicants. It is

29  also the intent of the Legislature that fees should be

30  reasonable and not serve as a barrier to licensure. Moreover,

31  it is the intent of the Legislature that the department

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  1  operate as efficiently as possible and regularly report to the

  2  Legislature additional methods to streamline operational

  3  costs. Therefore, the boards in consultation with the

  4  department, or the department if there is no board, shall, by

  5  rule, set renewal fees which:

  6         (a)  Shall be based on revenue projections prepared

  7  using generally accepted accounting procedures;

  8         (b)  Shall be adequate to cover all expenses relating

  9  to that board identified in the department's long-range policy

10  plan, as required by s. 456.005;

11         (c)  Shall be reasonable, fair, and not serve as a

12  barrier to licensure;

13         (d)  Shall be based on potential earnings from working

14  under the scope of the license;

15         (e)  Shall be similar to fees imposed on similar

16  licensure types; and

17         (f)  Shall not be more than 10 percent greater than the

18  fee imposed for the previous biennium;

19         (g)  Shall not be more than 10 percent greater than the

20  actual cost to regulate that profession for the previous

21  biennium; and

22         (f)(h)  Shall be subject to challenge pursuant to

23  chapter 120.

24         Section 57.  Section 456.0165, Florida Statutes, is

25  created to read:

26         456.0165  Examination location.--A college, university,

27  or vocational school in this state may serve as the host

28  school for a health care practitioner licensure examination.

29  However, the college, university, or vocational school may not

30  charge the department for rent, space, reusable equipment,

31  utilities, or janitorial services.  The college, university,

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  1  or vocational school may only charge the department the actual

  2  cost of nonreusable supplies provided by the school at the

  3  request of the department.

  4         Section 58.  Effective July 1, 2002, all licensure and

  5  licensure renewal fees for professions within the Division of

  6  Medical Quality Assurance shall be set at a level equal to at

  7  least 85 percent of the profession's statutory fee cap or at a

  8  level equal to at least 85 percent of the actual per licensee

  9  cost to regulate that profession, whichever is less. Effective

10  July 1, 2005, all licensure and licensure renewal fees shall

11  be set at the profession's statutory fee cap or at a level

12  equal to 100 percent of the actual per licensee cost to

13  regulate that profession, whichever is less.

14         Section 59.  Subsection (6) of section 468.301, Florida

15  Statutes, is amended to read:

16         468.301  Definitions.--As used in this part, the term:

17         (6)  "Direct supervision" means supervision and control

18  by a licensed practitioner who assumes legal liability for the

19  services rendered. by the basic X-ray machine operator or

20  basic X-ray machine operator-podiatric medicine, which

21  Supervision requires the physical presence of the licensed

22  practitioner for consultation and direction of the actions of

23  the basic X-ray machine operator or basic X-ray machine

24  operator-podiatric medicine.

25         Section 60.  Paragraph (g) of subsection (3) and

26  paragraph (c) of subsection (6) of section 468.302, Florida

27  Statutes, are amended to read:

28         468.302  Use of radiation; identification of certified

29  persons; limitations; exceptions.--

30         (3)

31         (g)  A person holding a certificate as a nuclear

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  1  medicine technologist may only:

  2         1.  Conduct in vivo and in vitro measurements of

  3  radioactivity and administer radiopharmaceuticals to human

  4  beings for diagnostic and therapeutic purposes.

  5         2.  Administer X radiation from a combination nuclear

  6  medicine-computed tomography device if that radiation is

  7  administered as an integral part of a nuclear medicine

  8  procedure that uses an automated computed tomography protocol

  9  and the person has received device-specific training on the

10  combination device.

11

12  However, the authority of a nuclear medicine technologist

13  under this paragraph excludes radioimmunoassay and other

14  clinical laboratory testing regulated pursuant to chapter 483.

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

16         (c)  A person who is a registered nurse licensed under

17  part I of chapter 464, a respiratory therapist licensed under

18  part V of chapter 468, or a cardiovascular technologist or

19  cardiopulmonary technologist with active certification as a

20  registered cardiovascular invasive specialist from a

21  nationally recognized credentialing organization, or future

22  equivalent should such credentialing be subsequently modified,

23  each of whom is trained and skilled in invasive cardiovascular

24  cardiopulmonary technology, including the radiologic

25  technology duties associated with such procedures, and who

26  provides invasive cardiovascular cardiopulmonary technology

27  services at the direction, and under the direct supervision,

28  of a licensed practitioner. A person requesting this exemption

29  must have successfully completed a didactic and clinical

30  training program in the following areas before performing

31  radiologic technology duties under the direct supervision of a

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  1  licensed practitioner:

  2         1.  Principles of X-ray production and equipment

  3  operation.

  4         2.  Biological effects of radiation.

  5         3.  Radiation exposure and monitoring.

  6         4.  Radiation safety and protection.

  7         5.  Evaluation of radiographic equipment and

  8  accessories.

  9         6.  Radiographic exposure and technique factors.

10         7.  Film processing.

11         8.  Image quality assurance.

12         9.  Patient positioning.

13         10.  Administration and complications of contrast

14  media.

15         11.  Specific fluoroscopic and digital X-ray imaging

16  procedures related to invasive cardiovascular technology.

17         Section 61.  Section 468.352, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 468.352, F.S., for present text.)

21         468.352  Definitions.--As used in this part the term:

22         (1)  "Board" means the Board of Respiratory Care.

23         (2)  "Certified respiratory therapist" means any person

24  licensed pursuant to this part who is certified by the

25  National Board for Respiratory Care or its successor, who is

26  employed to deliver respiratory care services, under the order

27  of a physician licensed pursuant to chapter 458 or chapter

28  459, in accordance with protocols established by a hospital or

29  other health care provider or the board, and who functions in

30  situations of unsupervised patient contact requiring

31  individual judgment.

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  1         (3)  "Critical care" means care given to a patient in

  2  any setting involving a life-threatening emergency.

  3         (4)  "Department" means the Department of Health.

  4         (5)  "Direct supervision" means practicing under the

  5  direction of a licensed, registered, or certified respiratory

  6  therapist who is physically on the premises and readily

  7  available, as defined by the board.

  8         (6)  "Physician supervision" means supervision and

  9  control by a physician licensed under chapter 458 or chapter

10  459 who assumes the legal liability for the services rendered

11  by the personnel employed in his or her office. Except in the

12  case of an emergency, physician supervision requires the easy

13  availability of the physician within the office or the

14  physical presence of the physician for consultation and

15  direction of the actions of the persons who deliver

16  respiratory care services.

17         (7)  "Practice of respiratory care" or "respiratory

18  therapy" means the allied health specialty associated with the

19  cardiopulmonary system that is practiced under the orders of a

20  physician licensed under chapter 458 or chapter 459 and in

21  accordance with protocols, policies, and procedures

22  established by a hospital or other health care provider or the

23  board, including the assessment, diagnostic evaluation,

24  treatment, management, control, rehabilitation, education, and

25  care of patients.

26         (8)  "Registered respiratory therapist" means any

27  person licensed under this part who is registered by the

28  National Board for Respiratory Care or its successor, and who

29  is employed to deliver respiratory care services under the

30  order of a physician licensed under chapter 458 or chapter

31  459, in accordance with protocols established by a hospital or

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  1  other health care provider or the board, and who functions in

  2  situations of unsupervised patient contact requiring

  3  individual judgment.

  4         (9)  "Respiratory care practitioner" means any person

  5  licensed under this part who is employed to deliver

  6  respiratory care services, under direct supervision, pursuant

  7  to the order of a physician licensed under chapter 458 or

  8  chapter 459.

  9         (10)  "Respiratory care services" includes:

10         (a)  Evaluation and disease management.

11         (b)  Diagnostic and therapeutic use of respiratory

12  equipment, devices, or medical gas.

13         (c)  Administration of drugs, as duly ordered or

14  prescribed by a physician licensed under chapter 458 or

15  chapter 459 and in accordance with protocols, policies, and

16  procedures established by a hospital or other health care

17  provider or the board.

18         (d)  Initiation, management, and maintenance of

19  equipment to assist and support ventilation and respiration.

20         (e)  Diagnostic procedures, research, and therapeutic

21  treatment and procedures, including measurement of ventilatory

22  volumes, pressures, and flows; specimen collection and

23  analysis of blood for gas transport and acid/base

24  determinations; pulmonary-function testing; and other related

25  physiological monitoring of cardiopulmonary systems.

26         (f)  Cardiopulmonary rehabilitation.

27         (g)  Cardiopulmonary resuscitation, advanced cardiac

28  life support, neonatal resuscitation, and pediatric advanced

29  life support, or equivalent functions.

30         (h)  Insertion and maintenance of artificial airways

31  and intravascular catheters.

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  1         (i)  Performing sleep-disorder studies.

  2         (j)  Education of patients, families, the public, or

  3  other health care providers, including disease process and

  4  management programs and smoking prevention and cessation

  5  programs.

  6         (k)  Initiation and management of hyperbaric oxygen.

  7         Section 62.  Section 468.355, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

10         s. 468.355, F.S., for present text.)

11         468.355  Licensure requirements.--To be eligible for

12  licensure by the board, an applicant must be certified as a

13  "Certified Respiratory Therapist" or be registered as a

14  "Registered Respiratory Therapist" by the National Board for

15  Respiratory Care, or its successor.

16         Section 63.  Section 468.368, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 468.368, F.S., for present text.)

20         468.368  Exemptions.--This part may not be construed to

21  prevent or restrict the practice, service, or activities of:

22         (1)  Any person licensed in this state by any other law

23  from engaging in the profession or occupation for which he or

24  she is licensed.

25         (2)  Any legally qualified person in the state or

26  another state or territory who is employed by the United

27  States Government or any agency thereof while such person is

28  discharging his or her official duties.

29         (3)  A friend or family member who is providing

30  respiratory care services to an ill person and who does not

31  represent himself or herself to be a respiratory care

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  1  practitioner or respiratory therapist.

  2         (4)  An individual providing respiratory care services

  3  in an emergency who does not represent himself or herself as a

  4  respiratory care practitioner or respiratory therapist.

  5         (5)  Any individual employed to deliver, assemble, set

  6  up, or test equipment for use in a home, upon the order of a

  7  physician licensed pursuant to chapter 458 or chapter 459.

  8  This subsection does not, however, authorize the practice of

  9  respiratory care without a license.

10         (6)  Any individual credentialed by the Board of

11  Registered Polysomnographic Technologists, as a registered

12  polysomnographic technologist, as related to the diagnosis and

13  evaluation of treatment for sleep disorders.

14         (7)  Any individual certified or registered as a

15  pulmonary function technologist who is credentialed by the

16  National Board for Respiratory Care from performing

17  cardiopulmonary diagnostic studies.

18         (8)  Any student who is enrolled in an accredited

19  respiratory care program approved by the board, while

20  performing respiratory care as an integral part of a required

21  course.

22         (9)  The delivery of incidental respiratory care to

23  noninstitutionalized persons by surrogate family members who

24  do not represent themselves as registered or certified

25  respiratory care therapists.

26         (10)  Any individual credentialed by the Underseas

27  Hyperbaric Society in hyperbaric medicine or its equivalent as

28  determined by the board, while performing related duties. This

29  subsection does not, however, authorize the practice of

30  respiratory care without a license.

31         Section 64.  Sections 468.356 and 468.357, Florida

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  1  Statutes, are repealed.

  2         Section 65.  (1)  Beginning July 1, 2003, application

  3  forms for initial licensure and licensure renewal for the

  4  professions regulated by the Department of Health, Division of

  5  Medical Quality Assurance, shall be submitted electronically

  6  through the World Wide Web unless the applicant states on the

  7  application form that he or she does not have access to the

  8  World Wide Web, in which case a paper application may be

  9  submitted. The department shall issue the license or renew a

10  license only if the licensee provides satisfactory evidence

11  that all conditions and requirements of licensure or renewal

12  have been met, including, but not limited to, the payment of

13  required fees, the completion of required continuing education

14  coursework, and, if applicable, the maintenance of financial

15  responsibility.  This section shall not be construed to reduce

16  or eliminate any requirement set forth in chapter 456, Florida

17  Statutes, or the applicable practice act.

18         (2)  In order to maximize the state's return on

19  investment, to increase the efficiency and timeliness of the

20  conversion, and to promote fiscal responsibility during the

21  transition to electronic licensure, the Department of Health

22  shall redirect its current resources and contracts which

23  support the existing practitioner credentialing system towards

24  the development and operation of an electronic licensure and

25  licensure renewal system effective upon this bill becoming

26  law.

27         Section 66.  (1)  Effective July 1, 2004, and each July

28  1 thereafter, the fee caps established in the following

29  sections are increased by 2.5 percent: ss. 456.025, 457.105,

30  457.107, 458.313, 458.3135, 458.3145, 458.317, 458.319,

31  458.347, 459.0092, 459.022, 460.406, 460.407, 460.4165,

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  1  460.4166, 461.006, 461.007, 462.16, 462.19, 463.0057, 463.006,

  2  463.007, 464.008, 464.009, 464.012, 464.019, 465.007,

  3  465.0075, 465.008, 465.0125, 465.0126, 465.022, 465.0276,

  4  466.006, 466.007, 466.008, 466.013, 466.032, 467.0125,

  5  467.0135, 468.1145, 468.1695, 468.1705, 468.1715, 468.1735,

  6  468.221, 468.364, 468.508, 468.709, 468.803, 468.806, 478.55,

  7  480.043, 480.044, 483.807, 483.901, 484.002, 484.007, 484.008,

  8  484.009, 484.0447, 486.041, 486.061, 486.081, 486.085,

  9  486.103, 486.106, 486.107, 486.108, 490.005, 490.0051,

10  490.007, 491.0045, 491.0046, 491.005, 491.007, 491.008,

11  491.0085, and 491.0145, Florida Statutes.

12         (2)  The increases in fees provided in this section are

13  in addition to any other change in the fees which are enacted

14  into law.  The actual amount of a fee shall be rounded to the

15  nearest dollar.

16         Section 67.  Sections 381.0602, 381.6021, 381.6022,

17  381.6023, 381.6024, and 381.6026, Florida Statutes, are

18  renumbered as sections 765.53, 765.541, 765.542, 765.544,

19  765.545, and 765.547, Florida Statutes, respectively.

20         Section 68.  Section 381.60225, Florida Statutes, is

21  renumbered as section 765.543, Florida Statutes, and

22  subsection (2) of said section is amended to read:

23         765.543 381.60225  Background screening.--

24         (2)  An organ procurement organization, tissue bank, or

25  eye bank certified by the Agency for Health Care

26  Administration in accordance with ss. 381.6021 and 765.542

27  381.6022 is not subject to the requirements of this section if

28  the entity has no direct patient care responsibilities and

29  does not bill patients or insurers directly for services under

30  the Medicare or Medicaid programs, or for privately insured

31  services.

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  1         Section 69.  Section 381.6025, Florida Statutes, is

  2  renumbered as section 765.546, Florida Statutes, and amended

  3  to read:

  4         765.546 381.6025  Physician supervision of cadaveric

  5  organ and tissue procurement coordinators.--Organ procurement

  6  organizations, tissue banks, and eye banks may employ

  7  coordinators, who are registered nurses, physician's

  8  assistants, or other medically trained personnel who meet the

  9  relevant standards for organ procurement organizations, tissue

10  banks, or eye banks as adopted by the Agency for Health Care

11  Administration under s. 765.541 381.6021, to assist in the

12  medical management of organ donors or in the surgical

13  procurement of cadaveric organs, tissues, or eyes for

14  transplantation or research. A coordinator who assists in the

15  medical management of organ donors or in the surgical

16  procurement of cadaveric organs, tissues, or eyes for

17  transplantation or research must do so under the direction and

18  supervision of a licensed physician medical director pursuant

19  to rules and guidelines to be adopted by the Agency for Health

20  Care Administration. With the exception of organ procurement

21  surgery, this supervision may be indirect supervision. For

22  purposes of this section, the term "indirect supervision"

23  means that the medical director is responsible for the medical

24  actions of the coordinator, that the coordinator is operating

25  under protocols expressly approved by the medical director,

26  and that the medical director or his or her physician designee

27  is always available, in person or by telephone, to provide

28  medical direction, consultation, and advice in cases of organ,

29  tissue, and eye donation and procurement. Although indirect

30  supervision is authorized under this section, direct physician

31  supervision is to be encouraged when appropriate.

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  1         Section 70.  Subsection (2) of section 395.2050,

  2  Florida Statutes, is amended to read:

  3         395.2050  Routine inquiry for organ and tissue

  4  donation; certification for procurement activities.--

  5         (2)  Every hospital licensed under this chapter that is

  6  engaged in the procurement of organs, tissues, or eyes shall

  7  comply with the certification requirements of ss.

  8  765.541-765.547 381.6021-381.6026.

  9         Section 71.  Paragraph (e) of subsection (2) of section

10  409.815, Florida Statutes, is amended to read:

11         409.815  Health benefits coverage; limitations.--

12         (2)  BENCHMARK BENEFITS.--In order for health benefits

13  coverage to qualify for premium assistance payments for an

14  eligible child under ss. 409.810-409.820, the health benefits

15  coverage, except for coverage under Medicaid and Medikids,

16  must include the following minimum benefits, as medically

17  necessary.

18         (e)  Organ transplantation services.--Covered services

19  include pretransplant, transplant, and postdischarge services

20  and treatment of complications after transplantation for

21  transplants deemed necessary and appropriate within the

22  guidelines set by the Organ Transplant Advisory Council under

23  s. 765.53 381.0602 or the Bone Marrow Transplant Advisory

24  Panel under s. 627.4236.

25         Section 72.  Subsection (2) of section 765.5216,

26  Florida Statutes, is amended to read:

27         765.5216  Organ and tissue donor education panel.--

28         (2)  There is created within the Agency for Health Care

29  Administration a statewide organ and tissue donor education

30  panel, consisting of 12 members, to represent the interests of

31  the public with regard to increasing the number of organ and

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  1  tissue donors within the state.  The panel and the Organ and

  2  Tissue Procurement and Transplantation Advisory Board

  3  established in s. 765.544 381.6023 shall jointly develop,

  4  subject to the approval of the Agency for Health Care

  5  Administration, education initiatives pursuant to s. 732.9215,

  6  which the agency shall implement.  The membership must be

  7  balanced with respect to gender, ethnicity, and other

  8  demographic characteristics so that the appointees reflect the

  9  diversity of the population of this state.  The panel members

10  must include:

11         (a)  A representative from the Agency for Health Care

12  Administration, who shall serve as chairperson of the panel.

13         (b)  A representative from a Florida licensed organ

14  procurement organization.

15         (c)  A representative from a Florida licensed tissue

16  bank.

17         (d)  A representative from a Florida licensed eye bank.

18         (e)  A representative from a Florida licensed hospital.

19         (f)  A representative from the Division of Driver

20  Licenses of the Department of Highway Safety and Motor

21  Vehicles, who possesses experience and knowledge in dealing

22  with the public.

23         (g)  A representative from the family of an organ,

24  tissue, or eye donor.

25         (h)  A representative who has been the recipient of a

26  transplanted organ, tissue, or eye, or is a family member of a

27  recipient.

28         (i)  A representative who is a minority person as

29  defined in s. 381.81.

30         (j)  A representative from a professional association

31  or public relations or advertising organization.

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  1         (k)  A representative from a community service club or

  2  organization.

  3         (l)  A representative from the Department of Education.

  4         Section 73.  Subsection (5) of section 765.522, Florida

  5  Statutes, is amended to read:

  6         765.522  Duty of certain hospital administrators;

  7  liability of hospital administrators, organ procurement

  8  organizations, eye banks, and tissue banks.--

  9         (5)  There shall be no civil or criminal liability

10  against any organ procurement organization, eye bank, or

11  tissue bank certified under s. 765.542 381.6022, or against

12  any hospital or hospital administrator or designee, when

13  complying with the provisions of this part and the rules of

14  the Agency for Health Care Administration or when, in the

15  exercise of reasonable care, a request for organ donation is

16  inappropriate and the gift is not made according to this part

17  and the rules of the Agency for Health Care Administration.

18         Section 74.  Subject to the availability of funds and

19  subject to any limitations or directions provided for in the

20  General Appropriations Act or chapter 216, Florida Statutes,

21  the Medicaid program of the Agency for Health Care

22  Administration shall pay for medically necessary lung

23  transplant services for Medicaid recipients.

24         Section 75.  Subsection (1) of section 409.915, Florida

25  Statutes, is amended to read:

26         409.915  County contributions to Medicaid.--Although

27  the state is responsible for the full portion of the state

28  share of the matching funds required for the Medicaid program,

29  in order to acquire a certain portion of these funds, the

30  state shall charge the counties for certain items of care and

31  service as provided in this section.

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  1         (1)  Each county shall participate in the following

  2  items of care and service:

  3         (a)  For both health maintenance members and

  4  fee-for-service beneficiaries, payments for inpatient

  5  hospitalization in excess of 10 days, but not in excess of 45

  6  days, with the exception of payments for:

  7         1.  Pregnant women and children whose income is in

  8  excess of the federal poverty level and who do not participate

  9  in the Medicaid medically needy program.

10         2.  Adult lung transplant services.

11         (b)  Payments for nursing home or intermediate

12  facilities care in excess of $170 per month, with the

13  exception of skilled nursing care for children under age 21.

14         Section 76.  Effective upon becoming law and applicable

15  to any loan or scholarship that is in default on or after the

16  effective date, subsection (4) is added to section 456.074,

17  Florida Statutes, to read:

18         456.074  Certain health care practitioners; immediate

19  suspension of license.--

20         (4)  Upon receipt of information that a

21  Florida-licensed health care practitioner has defaulted on a

22  student loan issued or guaranteed by the state or the Federal

23  Government, the department shall notify the licensee by

24  certified mail that he or she shall be subject to immediate

25  suspension of license unless, within 45 days after the date of

26  mailing, the licensee provides proof that new payment terms

27  have been agreed upon by all parties to the loan.  The

28  department shall issue an emergency order suspending the

29  license of any licensee who, after 45 days following the date

30  of mailing from the department, has failed to provide such

31  proof.  Production of such proof shall not prohibit the

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  1  department from proceeding with disciplinary action against

  2  the licensee pursuant to s. 456.073.

  3         Section 77.  Effective upon becoming law and applicable

  4  to any loan or scholarship that is in default on or after the

  5  effective date, paragraph (k) of subsection (1) of section

  6  456.072, Florida Statutes, is amended, and subsection (2) of

  7  said section is reenacted, to read:

  8         456.072  Grounds for discipline; penalties;

  9  enforcement.--

10         (1)  The following acts shall constitute grounds for

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

12  be taken:

13         (k)  Failing to perform any statutory or legal

14  obligation placed upon a licensee.  For purposes of this

15  section, failing to repay a student loan issued or guaranteed

16  by the state or the Federal Government in accordance with the

17  terms of the loan or failing to comply with service

18  scholarship obligations shall be considered a failure to

19  perform a statutory or legal obligation, and the minimum

20  disciplinary action imposed shall be a suspension of the

21  license until new payment terms are agreed upon or the

22  scholarship obligation is resumed, followed by probation for

23  the duration of the student loan or remaining scholarship

24  obligation period, and a fine equal to 10 percent of the

25  defaulted loan amount.  Fines collected shall be deposited

26  into the Medical Quality Assurance Trust Fund.

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

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

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

30  practice act, including conduct constituting a substantial

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

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

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

  3  penalties:

  4         (a)  Refusal to certify, or to certify with

  5  restrictions, an application for a license.

  6         (b)  Suspension or permanent revocation of a license.

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

  8  not limited to, restricting the licensee from practicing in

  9  certain settings, restricting the licensee to work only under

10  designated conditions or in certain settings, restricting the

11  licensee from performing or providing designated clinical and

12  administrative services, restricting the licensee from

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

14  other restriction found to be necessary for the protection of

15  the public health, safety, and welfare.

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

17  $10,000 for each count or separate offense. If the violation

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

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

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

21         (e)  Issuance of a reprimand or letter of concern.

22         (f)  Placement of the licensee on probation for a

23  period of time and subject to such conditions as the board, or

24  the department when there is no board, may specify. Those

25  conditions may include, but are not limited to, requiring the

26  licensee to undergo treatment, attend continuing education

27  courses, submit to be reexamined, work under the supervision

28  of another licensee, or satisfy any terms which are reasonably

29  tailored to the violations found.

30         (g)  Corrective action.

31         (h)  Imposition of an administrative fine in accordance

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  1  with s. 381.0261 for violations regarding patient rights.

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

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

  4         (j)  Requirement that the practitioner undergo remedial

  5  education.

  6

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

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

  9  sanctions are necessary to protect the public or to compensate

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

11  the disciplining authority consider and include in the order

12  requirements designed to rehabilitate the practitioner. All

13  costs associated with compliance with orders issued under this

14  subsection are the obligation of the practitioner.

15         Section 78.  The Department of Health shall obtain from

16  the United States Department of Health and Human Services

17  information necessary to investigate and prosecute health care

18  practitioners for failing to repay a student loan or comply

19  with scholarship service obligations pursuant to s.

20  456.072(1)(k), Florida Statutes.  The department shall obtain

21  from the United States Department of Health and Human Services

22  a list of default health care practitioners each month, along

23  with the information necessary to investigate a complaint in

24  accordance with s. 456.073, Florida Statutes.  The department

25  may obtain evidence to support the investigation and

26  prosecution from any financial institution or educational

27  institution involved in providing the loan or education to the

28  practitioner.  The department shall report to the Legislature

29  as part of the annual report required by s. 456.026, Florida

30  Statutes, the number of practitioners in default, along with

31  the results of the department's investigations and

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  1  prosecutions, and the amount of fines collected from

  2  practitioners prosecuted for violating s. 456.072(1)(k),

  3  Florida Statutes.

  4         Section 79.  Section 456.026, Florida Statutes, is

  5  reenacted to read:

  6         456.026  Annual report concerning finances,

  7  administrative complaints, disciplinary actions, and

  8  recommendations.--The department is directed to prepare and

  9  submit a report to the President of the Senate and the Speaker

10  of the House of Representatives by November 1 of each year. In

11  addition to finances and any other information the Legislature

12  may require, the report shall include statistics and relevant

13  information, profession by profession, detailing:

14         (1)  The revenues, expenditures, and cash balances for

15  the prior year, and a review of the adequacy of existing fees.

16         (2)  The number of complaints received and

17  investigated.

18         (3)  The number of findings of probable cause made.

19         (4)  The number of findings of no probable cause made.

20         (5)  The number of administrative complaints filed.

21         (6)  The disposition of all administrative complaints.

22         (7)  A description of disciplinary actions taken.

23         (8)  A description of any effort by the department to

24  reduce or otherwise close any investigation or disciplinary

25  proceeding not before the Division of Administrative Hearings

26  under chapter 120 or otherwise not completed within 1 year

27  after the initial filing of a complaint under this chapter.

28         (9)  The status of the development and implementation

29  of rules providing for disciplinary guidelines pursuant to s.

30  456.079.

31         (10)  Such recommendations for administrative and

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  1  statutory changes necessary to facilitate efficient and

  2  cost-effective operation of the department and the various

  3  boards.

  4         Section 80.  Section 456.073, Florida Statutes, is

  5  reenacted to read:

  6         456.073  Disciplinary proceedings.--Disciplinary

  7  proceedings for each board shall be within the jurisdiction of

  8  the department.

  9         (1)  The department, for the boards under its

10  jurisdiction, shall cause to be investigated any complaint

11  that is filed before it if the complaint is in writing, signed

12  by the complainant, and legally sufficient. A complaint is

13  legally sufficient if it contains ultimate facts that show

14  that a violation of this chapter, of any of the practice acts

15  relating to the professions regulated by the department, or of

16  any rule adopted by the department or a regulatory board in

17  the department has occurred. In order to determine legal

18  sufficiency, the department may require supporting information

19  or documentation. The department may investigate, and the

20  department or the appropriate board may take appropriate final

21  action on, a complaint even though the original complainant

22  withdraws it or otherwise indicates a desire not to cause the

23  complaint to be investigated or prosecuted to completion. The

24  department may investigate an anonymous complaint if the

25  complaint is in writing and is legally sufficient, if the

26  alleged violation of law or rules is substantial, and if the

27  department has reason to believe, after preliminary inquiry,

28  that the violations alleged in the complaint are true. The

29  department may investigate a complaint made by a confidential

30  informant if the complaint is legally sufficient, if the

31  alleged violation of law or rule is substantial, and if the

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  1  department has reason to believe, after preliminary inquiry,

  2  that the allegations of the complainant are true. The

  3  department may initiate an investigation if it has reasonable

  4  cause to believe that a licensee or a group of licensees has

  5  violated a Florida statute, a rule of the department, or a

  6  rule of a board. Except as provided in ss. 458.331(9),

  7  459.015(9), 460.413(5), and 461.013(6), when an investigation

  8  of any subject is undertaken, the department shall promptly

  9  furnish to the subject or the subject's attorney a copy of the

10  complaint or document that resulted in the initiation of the

11  investigation. The subject may submit a written response to

12  the information contained in such complaint or document within

13  20 days after service to the subject of the complaint or

14  document. The subject's written response shall be considered

15  by the probable cause panel. The right to respond does not

16  prohibit the issuance of a summary emergency order if

17  necessary to protect the public. However, if the secretary, or

18  the secretary's designee, and the chair of the respective

19  board or the chair of its probable cause panel agree in

20  writing that such notification would be detrimental to the

21  investigation, the department may withhold notification. The

22  department may conduct an investigation without notification

23  to any subject if the act under investigation is a criminal

24  offense.

25         (2)  The department shall allocate sufficient and

26  adequately trained staff to expeditiously and thoroughly

27  determine legal sufficiency and investigate all legally

28  sufficient complaints. For purposes of this section, it is the

29  intent of the Legislature that the term "expeditiously" means

30  that the department complete the report of its initial

31  investigative findings and recommendations concerning the

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  1  existence of probable cause within 6 months after its receipt

  2  of the complaint. The failure of the department, for

  3  disciplinary cases under its jurisdiction, to comply with the

  4  time limits of this section while investigating a complaint

  5  against a licensee constitutes harmless error in any

  6  subsequent disciplinary action unless a court finds that

  7  either the fairness of the proceeding or the correctness of

  8  the action may have been impaired by a material error in

  9  procedure or a failure to follow prescribed procedure. When

10  its investigation is complete and legally sufficient, the

11  department shall prepare and submit to the probable cause

12  panel of the appropriate regulatory board the investigative

13  report of the department. The report shall contain the

14  investigative findings and the recommendations of the

15  department concerning the existence of probable cause. The

16  department shall not recommend a letter of guidance in lieu of

17  finding probable cause if the subject has already been issued

18  a letter of guidance for a related offense. At any time after

19  legal sufficiency is found, the department may dismiss any

20  case, or any part thereof, if the department determines that

21  there is insufficient evidence to support the prosecution of

22  allegations contained therein. The department shall provide a

23  detailed report to the appropriate probable cause panel prior

24  to dismissal of any case or part thereof, and to the subject

25  of the complaint after dismissal of any case or part thereof,

26  under this section. For cases dismissed prior to a finding of

27  probable cause, such report is confidential and exempt from s.

28  119.07(1). The probable cause panel shall have access, upon

29  request, to the investigative files pertaining to a case prior

30  to dismissal of such case. If the department dismisses a case,

31  the probable cause panel may retain independent legal counsel,

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  1  employ investigators, and continue the investigation and

  2  prosecution of the case as it deems necessary.

  3         (3)  As an alternative to the provisions of subsections

  4  (1) and (2), when a complaint is received, the department may

  5  provide a licensee with a notice of noncompliance for an

  6  initial offense of a minor violation. Each board, or the

  7  department if there is no board, shall establish by rule those

  8  minor violations under this provision which do not endanger

  9  the public health, safety, and welfare and which do not

10  demonstrate a serious inability to practice the profession.

11  Failure of a licensee to take action in correcting the

12  violation within 15 days after notice may result in the

13  institution of regular disciplinary proceedings.

14         (4)  The determination as to whether probable cause

15  exists shall be made by majority vote of a probable cause

16  panel of the board, or by the department, as appropriate. Each

17  regulatory board shall provide by rule that the determination

18  of probable cause shall be made by a panel of its members or

19  by the department. Each board may provide by rule for multiple

20  probable cause panels composed of at least two members. Each

21  board may provide by rule that one or more members of the

22  panel or panels may be a former board member. The length of

23  term or repetition of service of any such former board member

24  on a probable cause panel may vary according to the direction

25  of the board when authorized by board rule. Any probable cause

26  panel must include one of the board's former or present

27  consumer members, if one is available, is willing to serve,

28  and is authorized to do so by the board chair. Any probable

29  cause panel must include a present board member. Any probable

30  cause panel must include a former or present professional

31  board member. However, any former professional board member

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  1  serving on the probable cause panel must hold an active valid

  2  license for that profession. All proceedings of the panel are

  3  exempt from s. 286.011 until 10 days after probable cause has

  4  been found to exist by the panel or until the subject of the

  5  investigation waives his or her privilege of confidentiality.

  6  The probable cause panel may make a reasonable request, and

  7  upon such request the department shall provide such additional

  8  investigative information as is necessary to the determination

  9  of probable cause. A request for additional investigative

10  information shall be made within 15 days from the date of

11  receipt by the probable cause panel of the investigative

12  report of the department or the agency. The probable cause

13  panel or the department, as may be appropriate, shall make its

14  determination of probable cause within 30 days after receipt

15  by it of the final investigative report of the department. The

16  secretary may grant extensions of the 15-day and the 30-day

17  time limits. In lieu of a finding of probable cause, the

18  probable cause panel, or the department if there is no board,

19  may issue a letter of guidance to the subject. If, within the

20  30-day time limit, as may be extended, the probable cause

21  panel does not make a determination regarding the existence of

22  probable cause or does not issue a letter of guidance in lieu

23  of a finding of probable cause, the department must make a

24  determination regarding the existence of probable cause within

25  10 days after the expiration of the time limit.  If the

26  probable cause panel finds that probable cause exists, it

27  shall direct the department to file a formal complaint against

28  the licensee. The department shall follow the directions of

29  the probable cause panel regarding the filing of a formal

30  complaint. If directed to do so, the department shall file a

31  formal complaint against the subject of the investigation and

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  1  prosecute that complaint pursuant to chapter 120. However, the

  2  department may decide not to prosecute the complaint if it

  3  finds that probable cause has been improvidently found by the

  4  panel. In such cases, the department shall refer the matter to

  5  the board. The board may then file a formal complaint and

  6  prosecute the complaint pursuant to chapter 120. The

  7  department shall also refer to the board any investigation or

  8  disciplinary proceeding not before the Division of

  9  Administrative Hearings pursuant to chapter 120 or otherwise

10  completed by the department within 1 year after the filing of

11  a complaint. The department, for disciplinary cases under its

12  jurisdiction, must establish a uniform reporting system to

13  quarterly refer to each board the status of any investigation

14  or disciplinary proceeding that is not before the Division of

15  Administrative Hearings or otherwise completed by the

16  department within 1 year after the filing of the complaint.

17  Annually, the department, in consultation with the applicable

18  probable cause panel, must establish a plan to expedite or

19  otherwise close any investigation or disciplinary proceeding

20  that is not before the Division of Administrative Hearings or

21  otherwise completed by the department within 1 year after the

22  filing of the complaint.  A probable cause panel or a board

23  may retain independent legal counsel, employ investigators,

24  and continue the investigation as it deems necessary; all

25  costs thereof shall be paid from a trust fund used by the

26  department to implement this chapter. All proceedings of the

27  probable cause panel are exempt from s. 120.525.

28         (5)  A formal hearing before an administrative law

29  judge from the Division of Administrative Hearings shall be

30  held pursuant to chapter 120 if there are any disputed issues

31  of material fact. The administrative law judge shall issue a

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  1  recommended order pursuant to chapter 120. If any party raises

  2  an issue of disputed fact during an informal hearing, the

  3  hearing shall be terminated and a formal hearing pursuant to

  4  chapter 120 shall be held.

  5         (6)  The appropriate board, with those members of the

  6  panel, if any, who reviewed the investigation pursuant to

  7  subsection (4) being excused, or the department when there is

  8  no board, shall determine and issue the final order in each

  9  disciplinary case. Such order shall constitute final agency

10  action. Any consent order or agreed-upon settlement shall be

11  subject to the approval of the department.

12         (7)  The department shall have standing to seek

13  judicial review of any final order of the board, pursuant to

14  s. 120.68.

15         (8)  Any proceeding for the purpose of summary

16  suspension of a license, or for the restriction of the

17  license, of a licensee pursuant to s. 120.60(6) shall be

18  conducted by the secretary of the Department of Health or his

19  or her designee, as appropriate, who shall issue the final

20  summary order.

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

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

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

24  investigation, indicating whether probable cause has been

25  found and the status of any civil action or administrative

26  proceeding or appeal.

27         (b)  In any disciplinary case for which probable cause

28  has been found, the department shall provide to the person who

29  filed the complaint a copy of the administrative complaint

30  and:

31         1.  A written explanation of how an administrative

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  1  complaint is resolved by the disciplinary process.

  2         2.  A written explanation of how and when the person

  3  may participate in the disciplinary process.

  4         3.  A written notice of any hearing before the Division

  5  of Administrative Hearings or the regulatory board at which

  6  final agency action may be taken.

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

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

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

10  within 60 days, provide any additional information to the

11  department which may be relevant to the decision. To

12  facilitate the provision of additional information, the person

13  who filed the complaint may receive, upon request, a copy of

14  the department's expert report that supported the

15  recommendation for closure, if such a report was relied upon

16  by the department. In no way does this require the department

17  to procure an expert opinion or report if none was used.

18  Additionally, the identity of the expert shall remain

19  confidential. In any administrative proceeding under s.

20  120.57, the person who filed the disciplinary complaint shall

21  have the right to present oral or written communication

22  relating to the alleged disciplinary violations or to the

23  appropriate penalty.

24         (10)  The complaint and all information obtained

25  pursuant to the investigation by the department are

26  confidential and exempt from s. 119.07(1) until 10 days after

27  probable cause has been found to exist by the probable cause

28  panel or by the department, or until the regulated

29  professional or subject of the investigation waives his or her

30  privilege of confidentiality, whichever occurs first. Upon

31  completion of the investigation and a recommendation by the

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  1  department to find probable cause, and pursuant to a written

  2  request by the subject or the subject's attorney, the

  3  department shall provide the subject an opportunity to inspect

  4  the investigative file or, at the subject's expense, forward

  5  to the subject a copy of the investigative file.

  6  Notwithstanding s. 456.057, the subject may inspect or receive

  7  a copy of any expert witness report or patient record

  8  connected with the investigation if the subject agrees in

  9  writing to maintain the confidentiality of any information

10  received under this subsection until 10 days after probable

11  cause is found and to maintain the confidentiality of patient

12  records pursuant to s. 456.057. The subject may file a written

13  response to the information contained in the investigative

14  file. Such response must be filed within 20 days of mailing by

15  the department, unless an extension of time has been granted

16  by the department. This subsection does not prohibit the

17  department from providing such information to any law

18  enforcement agency or to any other regulatory agency.

19         (11)  A privilege against civil liability is hereby

20  granted to any complainant or any witness with regard to

21  information furnished with respect to any investigation or

22  proceeding pursuant to this section, unless the complainant or

23  witness acted in bad faith or with malice in providing such

24  information.

25         (12)(a)  No person who reports in any capacity, whether

26  or not required by law, information to the department with

27  regard to the incompetence, impairment, or unprofessional

28  conduct of any health care provider licensed under chapter

29  458, chapter 459, chapter 460, chapter 461, chapter 462,

30  chapter 463, chapter 464, chapter 465, or chapter 466 shall be

31  held liable in any civil action for reporting against such

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  1  health care provider if such person acts without intentional

  2  fraud or malice.

  3         (b)  No facility licensed under chapter 395, health

  4  maintenance organization certificated under part I of chapter

  5  641, physician licensed under chapter 458, or osteopathic

  6  physician licensed under chapter 459 shall discharge, threaten

  7  to discharge, intimidate, or coerce any employee or staff

  8  member by reason of such employee's or staff member's report

  9  to the department about a physician licensed under chapter

10  458, chapter 459, chapter 460, chapter 461, or chapter 466 who

11  may be guilty of incompetence, impairment, or unprofessional

12  conduct so long as such report is given without intentional

13  fraud or malice.

14         (c)  In any civil suit brought outside the protections

15  of paragraphs (a) and (b) in which intentional fraud or malice

16  is alleged, the person alleging intentional fraud or malice

17  shall be liable for all court costs and for the other party's

18  reasonable attorney's fees if intentional fraud or malice is

19  not proved.

20         (13)  Notwithstanding any provision of law to the

21  contrary, an administrative complaint against a licensee shall

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

23  occurrence giving rise to the complaint against the licensee.

24  If such incident or occurrence involved criminal actions,

25  diversion of controlled substances, sexual misconduct, or

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

27  bar initiation of an investigation or filing of an

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

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

30  fraud, concealment, or intentional misrepresentation of fact

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

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

  2  years after the time of the incident or occurrence.

  3         Section 81.  Subsection (8) of section 400.925, Florida

  4  Statutes, is amended to read:

  5         400.925  Definitions.--As used in this part, the term:

  6         (8)  "Home medical equipment" includes any product as

  7  defined by the Federal Drug Administration's Drugs, Devices

  8  and Cosmetics Act, any products reimbursed under the Medicare

  9  Part B Durable Medical Equipment benefits, or any products

10  reimbursed under the Florida Medicaid durable medical

11  equipment program. Home medical equipment includes, but is not

12  limited to, oxygen and related respiratory equipment; manual,

13  motorized, or. Home medical equipment includes customized

14  wheelchairs and related seating and positioning, but does not

15  include prosthetics or orthotics or any splints, braces, or

16  aids custom fabricated by a licensed health care

17  practitioner;. Home medical equipment includes assistive

18  technology devices, including: manual wheelchairs, motorized

19  wheelchairs, motorized scooters;, voice-synthesized computer

20  modules, optical scanners, talking software, braille printers,

21  environmental control devices for use by person with

22  quadriplegia, motor vehicle adaptive transportation aids,

23  devices that enable persons with severe speech disabilities to

24  in effect speak, personal transfer systems; and specialty

25  beds, including demonstrator, for use by a person with a

26  medical need.

27         Section 82.  Subsections (5), (7), and (9) of section

28  409.91195, Florida Statutes, is amended to read:

29         409.91195  Medicaid Pharmaceutical and Therapeutics

30  Committee.--There is created a Medicaid Pharmaceutical and

31  Therapeutics Committee within the Agency for Health Care

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  1  Administration for the purpose of developing a preferred drug

  2  formulary pursuant to 42 U.S.C. s. 1396r-8.

  3         (5)  Except for mental health-related drugs,

  4  antiretroviral drugs, and drugs for nursing home residents and

  5  other institutional residents, reimbursement of drugs not

  6  included in the formulary is subject to prior authorization.

  7  If the prior authorization is approved, the approval shall be

  8  in effect for the subsequent 12 month period.

  9         (7)  The committee shall ensure that interested

10  parties, including pharmaceutical manufacturers agreeing to

11  provide a supplemental rebate as outlined in this chapter have

12  an opportunity to present public testimony to the committee

13  with information or evidence supporting inclusion of a product

14  on the preferred drug list. Such public testimony shall occur

15  prior to any decisions being made by the Committee for

16  inclusion or exclusion from the drugs available to the

17  Medicaid recipients. Upon timely notice, the agency shall

18  ensure that any drug that has been approved or had any of its

19  particular uses approved by the United States Food and Drug

20  Administration under a priority review classification will be

21  reviewed by the Medicaid Pharmaceutical and Therapeutics

22  Committee at the next regularly scheduled meeting. To the

23  extent possible, upon notice by a manufacturer the agency

24  shall also schedule a product review for any new product at

25  the next regularly scheduled Medicaid Pharmaceutical and

26  Therapeutics Committee.

27         (9)  The Medicaid Pharmaceutical and Therapeutics

28  Committee shall develop its preferred drug list

29  recommendations by considering the clinical efficacy, safety,

30  and cost-effectiveness of a product. In addition,

31  recommendations shall include a review and approval by a

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  1  physician who is board-certified in the specialty that most

  2  commonly treats the disease or prescribes the relevant

  3  therapeutic class of drugs. When the preferred drug formulary

  4  is adopted by the agency, if a product on the formulary is one

  5  of the first four brand-name drugs used by a recipient in a

  6  month the drug shall not require prior authorization.

  7         Section 83.  Subsection (4) is added to section

  8  765.104, Florida Statutes, to read:

  9         765.104  Amendment or revocation.--

10         (4)  Any patient for whom a medical proxy has been

11  recognized under s. 765.401 and for whom any previous legal

12  disability that precluded the patient's ability to consent is

13  removed may amend or revoke the recognition of the medical

14  proxy and any uncompleted decision made by that proxy. The

15  amendment or revocation takes effect when it is communicated

16  to the proxy, the health care provider, or the health care

17  facility in writing or, if communicated orally, in the

18  presence of a third person.

19         Section 84.  Subsections (1) and (3) of section

20  765.401, Florida Statutes, are amended to read:

21         765.401  The proxy.--

22         (1)  If an incapacitated or developmentally disabled

23  the patient has not executed an advance directive, or

24  designated a surrogate to execute an advance directive, or the

25  designated or alternate surrogate is no longer available to

26  make health care decisions, health care decisions may be made

27  for the patient by any of the following individuals, in the

28  following order of priority, if no individual in a prior class

29  is reasonably available, willing, or competent to act:

30         (a)  The judicially appointed guardian of the patient

31  or the guardian advocate of the person having a developmental

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  1  disability as defined in s. 393.063, who has been authorized

  2  to consent to medical treatment, if such guardian has

  3  previously been appointed; however, this paragraph shall not

  4  be construed to require such appointment before a treatment

  5  decision can be made under this subsection;

  6         (b)  The patient's spouse;

  7         (c)  An adult child of the patient, or if the patient

  8  has more than one adult child, a majority of the adult

  9  children who are reasonably available for consultation;

10         (d)  A parent of the patient;

11         (e)  The adult sibling of the patient or, if the

12  patient has more than one sibling, a majority of the adult

13  siblings who are reasonably available for consultation.

14         (f)  An adult relative of the patient who has exhibited

15  special care and concern for the patient and who has

16  maintained regular contact with the patient and who is

17  familiar with the patient's activities, health, and religious

18  or moral beliefs; or

19         (g)  A close friend of the patient.

20         (3)  Before exercising the incapacitated patient's

21  rights to select or decline health care, the proxy must comply

22  with the provisions of ss. 765.205 and 765.305, except that a

23  proxy's decision to withhold or withdraw life-prolonging

24  procedures must be supported by clear and convincing evidence

25  that the decision would have been the one the patient would

26  have chosen had the patient been competent or, if there is no

27  indication of what the patient would have chosen, that the

28  decision is in the patient's best interest. Before exercising

29  the rights of a person who has a developmental disability as

30  defined under s. 393.063(12) to withhold or withdraw

31  life-prolonging procedures, a proxy must comply with s.

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  1  393.12.

  2         Section 85.  Subsection (2) of section 457.105, Florida

  3  Statutes, is amended and subsection (3) of section 457.105,

  4  Florida Statutes, is created to read:

  5         457.105  Licensure qualifications and fees.--

  6         (2)  A person may become licensed to practice

  7  acupuncture if the person applies to the department and:

  8         (a)  Is 21 years of age or older, has good moral

  9  character, and has the ability to communicate in English,

10  which is demonstrated by having passed the national written

11  examination in English or, if such examination was passed in a

12  foreign language, by also having passed a nationally

13  recognized English proficiency examination;

14         (b)  Has completed 60 college credits from an

15  accredited postsecondary institution received a bachelor's

16  degree from an accredited College or University as a

17  prerequisite to enrollment in an authorized 3-year course of

18  study in acupuncture and oriental medicine, and has completed

19  a 3-year course of study in acupuncture and oriental medicine,

20  and effective July 31, 2001, a 4-year course of study in

21  acupuncture and oriental medicine, and effective July 31,

22  2003, a 4 year, 3200 hour course of study in acupuncture and

23  oriental medicine which meets standards established by the

24  board by rule, which standards include, but are not limited

25  to, successful completion of academic courses in western

26  anatomy, western physiology, western pathology, western

27  biomedical terminology, first aid, and cardiopulmonary

28  resuscitation (CPR). However, any person who enrolled in an

29  authorized course of study in acupuncture before August 1,

30  1997, and who applies on or before July 1, 2003, must have

31  completed only a 2-year course of study which meets standards

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  1  established by the board by rule, which standards must

  2  include, but are not limited to, successful completion of

  3  academic courses in western anatomy, western physiology, and

  4  western pathology;

  5         (c)  Has successfully completed a board-approved

  6  national certification process, is actively licensed in a

  7  state that has examination requirements that are substantially

  8  equivalent to or more stringent than those of this state, or

  9  passes an examination administered by the department, which

10  examination tests the applicant's competency and knowledge of

11  the practice of acupuncture and oriental medicine. At the

12  request of any applicant, oriental nomenclature for the points

13  shall be used in the examination. The examination shall

14  include a practical examination of the knowledge and skills

15  required to practice modern and traditional acupuncture and

16  oriental medicine, covering diagnostic and treatment

17  techniques and procedures; and

18         (d)  Has submitted to the department a set of

19  fingerprints on a form and under procedures specified by the

20  department along with a payment in an amount equal to the

21  costs to be incurred by the Department of Health for the

22  criminal background check of an applicant. The Department of

23  Health shall submit the fingerprints provided by the applicant

24  to the Florida Department of Law Enforcement for a statewide

25  criminal history check, and the Florida Department of Law

26  Enforcement shall forward the fingerprints to the Federal

27  Bureau of Investigation for a national criminal history check

28  of the applicant.

29         (d)(e) Pays the required fees set by the board by rule

30  not to exceed the following amounts:

31         1.  Examination fee: $500 plus the actual per applicant

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  1  cost to the department for purchase of the written and

  2  practical portions of the examination from a national

  3  organization approved by the board.

  4         2.  Application fee: $300.

  5         3.  Reexamination fee: $500 plus the actual per

  6  applicant cost to the department for purchase of the written

  7  and practical portions of the examination from a national

  8  organization approved by the board.

  9         4.  Initial biennial licensure fee: $400, if licensed

10  in the first half of the biennium, and $200, if licensed in

11  the second half of the biennium.

12         (3)  The board may deny an applicant who within a three

13  year period does not pass the licensing examination after five

14  attempts.

15         Section 86.  Section 457.1085, Florida Statutes, is

16  amended to read:

17         457.1085  Infection control.--Prior to November 1,

18  1986, the The board shall adopt rules relating to the

19  prevention of infection, the safe disposal of any potentially

20  infectious materials, and other requirements to protect the

21  health, safety, and welfare of the public. Beginning October

22  1, 1997, All acupuncture needles that are to be used on a

23  patient must be sterile and disposable, and each needle may be

24  used only once.

25         Section 87.  Paragraph (y) of subsection (1) of section

26  457.109, Florida Statutes, is amended to read:

27         457.109  Disciplinary actions; grounds; action by the

28  board.--

29         (1)  The following acts constitute grounds for denial

30  of a license or disciplinary action, as specified in s.

31  456.072(2):

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  1         (y)  Using the specialty titles of "Diplomat in

  2  Acupuncture" or "National Board Certified Diplomat in

  3  Acupuncture" or "Board Certified Diplomat in Acupuncture" in

  4  conjunction with one's name, place of business, or acupuncture

  5  practice unless the licensee holds an active license under

  6  Chapter 457, F.S., and is also an active holder of such Board

  7  Certification from the nationally recognized "Acupuncture

  8  Credentials Verification Organization", the National

  9  Certification Commission for Acupuncture and Oriental Medicine

10  (NCCAOM).

11         Section 88.  Subsection (2) of section 457.116, Florida

12  Statutes, is amended to read:

13         457.116  Prohibited acts; penalty.--

14         (2)  A person who violates this section commits a

15  misdemeanor of the second degree a felony of the third degree,

16  punishable as provided in s. 775.082 or s. 775.083 or 775.084.

17         Section 89.  Section 457.119, Florida Statutes, is

18  created to read:

19         457.119  Approval of Educational Programs--The board

20  shall adopt rules regarding educational objectives, faculty

21  qualifications, curriculum guidelines, and clinical training

22  necessary to ensure that approved programs graduate

23  practitioners capable of competent practice under this act.

24         Section 90.  Effective upon becoming law, paragraph (t)

25  is added to subsection (3) of section 408.036, Florida

26  Statutes, to read:

27         408.036  Projects subject to review.--

28         (3)  EXEMPTIONS.--Upon request, the following projects

29  are subject to exemption from the provisions of subsection

30  (1):

31         (t)  For the establishment of a satellite hospital

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  1  through the relocation of 100 general acute care beds from an

  2  existing hospital located in the same district, as defined in

  3  s. 408.032(5).

  4         Section 91.  Subsections (31), (32), and (33), of

  5  section 395.002, Florida Statutes, are renumbered as

  6  subsections (32), (33), and (34) respectively, and a new

  7  subsection (31) of section 395.002, Florida Statutes, is

  8  created to read:

  9         395.002  Definitions.--As used in this chapter:

10         (31)  "Surgical first assistant" means the first

11  assistant to the surgeon during a surgical operation.

12         (32)(31)  "Utilization review" means a system for

13  reviewing the medical necessity or appropriateness in the

14  allocation of health care resources of hospital services given

15  or proposed to be given to a patient or group of patients.

16         (33)(32)  "Utilization review plan" means a description

17  of the policies and procedures governing utilization review

18  activities performed by a private review agent.

19         (34)(33)  "Validation inspection" means an inspection

20  of the premises of a licensed facility by the agency to assess

21  whether a review by an accrediting organization has adequately

22  evaluated the licensed facility according to minimum state

23  standards.

24         Section 92.  Paragraph (b) of subsection (1) of section

25  395.0197, Florida Statutes, is amended to read:

26         395.0197  Internal risk management program.--

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

28  administrative functions, establish an internal risk

29  management program that includes all of the following

30  components:

31         (b)  The development of appropriate measures to

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

  2  but not limited to:

  3         1.  Risk management and risk prevention education and

  4  training of all nonphysician personnel as follows:

  5         a.  Such education and training of all nonphysician

  6  personnel as part of their initial orientation; and

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

  8  annually for all personnel of the licensed facility working in

  9  clinical areas and providing patient care, except those

10  persons licensed as health care practitioners who are required

11  to complete continuing education coursework pursuant to

12  chapter 456 or the respective practice act.

13         2.  A prohibition, except when emergency circumstances

14  require otherwise, against a staff member of the licensed

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

16  staff member is authorized to attend the patient in the

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

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

19  two-person requirement if it has:

20         a.  Live visual observation;

21         b.  Electronic observation; or

22         c.  Any other reasonable measure taken to ensure

23  patient protection and privacy.

24         3.  A prohibition against an unlicensed person from

25  assisting or participating in any surgical procedure unless

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

27  competency assessment, and such assistance or participation is

28  done under the direct and immediate supervision of a licensed

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

30  performed by a licensed health care practitioner. Moreover,

31  the primary operating surgeon may select a surgical first

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  1  assistant from among available individuals who are approved or

  2  credentialed by the facility.

  3         4.  Development, implementation, and ongoing evaluation

  4  of procedures, protocols, and systems to accurately identify

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

  6  planned procedure so as to minimize the performance of a

  7  surgical procedure on the wrong patient, a wrong surgical

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

  9  procedure otherwise unrelated to the patient's diagnosis or

10  medical condition.

11         Section 93.  Subsection (5) is added to section

12  408.043, Florida Statutes, to read:

13         408.043  Special provisions.--

14         (5)  SOLE ACUTE CARE HOSPITAL IN A HIGH GROWTH

15  COUNTY.--Notwithstanding any other provision of law, an acute

16  care hospital licensed under chapter 395 may add up to 180

17  additional beds without agency review, provided such hospital

18  is located in a county that has experienced at least a

19  60-percent growth rate since 1990, is under construction on

20  January 1, 2002, is the sole acute care hospital in the

21  county, and is located such that there is no other acute care

22  hospital within a 10-mile radius of such hospital.

23         Section 94.  Effective upon becoming law, paragraphs

24  (a) and (b) of subsection (2) of section 768.13, Florida

25  Statutes, are amended to read:

26         768.13  Good Samaritan Act; immunity from civil

27  liability.--

28         (2)(a)  Any person, including those licensed to

29  practice medicine, who gratuitously and in good faith renders

30  emergency care or treatment either in direct response to

31  emergency situations related to and arising out of a public

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  1  health emergency declared pursuant to s. 381.00315, a state of

  2  emergency which has been declared pursuant to s. 252.36 or at

  3  the scene of an emergency outside of a hospital, doctor's

  4  office, or other place having proper medical equipment,

  5  without objection of the injured victim or victims thereof,

  6  shall not be held liable for any civil damages as a result of

  7  such care or treatment or as a result of any act or failure to

  8  act in providing or arranging further medical treatment where

  9  the person acts as an ordinary reasonably prudent person would

10  have acted under the same or similar circumstances.

11         (b)1.  Any hospital licensed under chapter 395, any

12  employee of such hospital working in a clinical area within

13  the facility and providing patient care, and any person

14  licensed to practice medicine who in good faith renders

15  medical care or treatment necessitated by a sudden, unexpected

16  situation or occurrence resulting in a serious medical

17  condition demanding immediate medical attention, for which the

18  patient enters the hospital through its emergency room or

19  trauma center, or necessitated by a public health emergency

20  declared pursuant to s. 381.00315 shall not be held liable for

21  any civil damages as a result of such medical care or

22  treatment unless such damages result from providing, or

23  failing to provide, medical care or treatment under

24  circumstances demonstrating a reckless disregard for the

25  consequences so as to affect the life or health of another.

26         2.  The immunity provided by this paragraph does not

27  apply to damages as a result of any act or omission of

28  providing medical care or treatment:

29         a.  Which occurs after the patient is stabilized and is

30  capable of receiving medical treatment as a nonemergency

31  patient, unless surgery is required as a result of the

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  1  emergency within a reasonable time after the patient is

  2  stabilized, in which case the immunity provided by this

  3  paragraph applies to any act or omission of providing medical

  4  care or treatment which occurs prior to the stabilization of

  5  the patient following the surgery; or

  6         b.  Unrelated to the original medical emergency.

  7         3.  For purposes of this paragraph, "reckless

  8  disregard" as it applies to a given health care provider

  9  rendering emergency medical services shall be such conduct

10  which a health care provider knew or should have known, at the

11  time such services were rendered, would be likely to result in

12  injury so as to affect the life or health of another, taking

13  into account the following to the extent they may be present;

14         a.  The extent or serious nature of the circumstances

15  prevailing.

16         b.  The lack of time or ability to obtain appropriate

17  consultation.

18         c.  The lack of a prior patient-physician relationship.

19         d.  The inability to obtain an appropriate medical

20  history of the patient.

21         e.  The time constraints imposed by coexisting

22  emergencies.

23         4.  Every emergency care facility granted immunity

24  under this paragraph shall accept and treat all emergency care

25  patients within the operational capacity of such facility

26  without regard to ability to pay, including patients

27  transferred from another emergency care facility or other

28  health care provider pursuant to Pub. L. No. 99-272, s. 9121.

29  The failure of an emergency care facility to comply with this

30  subparagraph constitutes grounds for the department to

31  initiate disciplinary action against the facility pursuant to

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  1  chapter 395.

  2         Section 95.  Paragraph (k) of subsection (2) of section

  3  381.0066, Florida Statutes, is amended to read:

  4         381.0066  Onsite sewage treatment and disposal systems;

  5  fees.--

  6         (2)  The minimum fees in the following fee schedule

  7  apply until changed by rule by the department within the

  8  following limits:

  9         (k)  Research:  An additional $5 fee shall be added to

10  each new system construction permit issued during fiscal years

11  1996-2002 to be used for onsite sewage treatment and disposal

12  system research, demonstration, and training projects. Five

13  dollars from any repair permit fee collected under this

14  section shall be used for funding the hands-on training

15  centers described in s. 381.0065(3)(j).

16

17  The funds collected pursuant to this subsection must be

18  deposited in a trust fund administered by the department, to

19  be used for the purposes stated in this section and ss.

20  381.0065 and 381.00655.

21         Section 96.  Part IV of chapter 489, Florida Statutes,

22  consisting of sections 489.661, 489.662, 489.663, 489.664,

23  489.665, 489.666, 489.667, and 489.668, is created to read:

24                             PART IV

25                  PORTABLE RESTROOM CONTRACTING

26         489.661  Definitions.--As used in this part:

27         (1)  "Department" means the Department of Health.

28         (2)  "Portable restroom contractor" means a portable

29  restroom contractor whose services are unlimited in the

30  portable restroom trade who has had at least 3 years'

31  experience as a Florida-registered portable restroom

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  1  contractor, who has knowledge of state health code law and

  2  rules, and who has the experience, knowledge, and skills to

  3  handle, deliver, and pick up sanitary portable restrooms, to

  4  install, safely handle, and maintain portable holding tanks,

  5  and to handle, transport, and dispose of domestic portable

  6  restroom and portable holding tank wastewater.

  7         489.662  Registration required.--A person shall not

  8  hold himself or herself out as a portable restroom contractor

  9  in this state unless he or she is registered by the department

10  in accordance with the provisions of this part.  However,

11  nothing in this part prohibits any person licensed pursuant to

12  s. 489.105(3)(m) in this state from engaging in the profession

13  for which he or she is licensed.

14         489.663  Administration of part; registration

15  qualifications; examination.--

16         (1)  Each person desiring to be registered pursuant to

17  this part shall apply to the department in writing upon forms

18  prepared and furnished by the department.

19         (2)  The department shall administer, coordinate, and

20  enforce the provisions of this part, provide qualifications

21  for applicants, administer the examination for applicants, and

22  be responsible for the granting of certificates of

23  registration to qualified persons.

24         (3)  The department shall adopt reasonable rules

25  pursuant to ss. 120.536(1) and 120.54 to administer this part,

26  including, but not limited to, rules that establish ethical

27  standards of practice, requirements for registering as a

28  contractor, requirements for obtaining an initial or renewal

29  certificate of registration, disciplinary guidelines, and

30  requirements for the certification of partnerships and

31  corporations.  The department may amend or repeal the rules in

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  1  accordance with chapter 120, the Administrative Procedure Act.

  2         (4)  To be eligible for registration by the department

  3  as a portable restroom contractor, the applicant shall:

  4         (a)  Be of good moral character.  In considering good

  5  moral character, the department may consider any matter that

  6  has a substantial connection between the good moral character

  7  of the applicant and the professional responsibilities of a

  8  registered contractor, including, but not limited to, the

  9  applicant being convicted or found guilty of, or entering a

10  plea of nolo contendere to, regardless of adjudication, a

11  crime in any jurisdiction that directly relates to the

12  practice of contracting or the ability to practice

13  contracting, and previous disciplinary action involving

14  portable restroom contracting, where all judicial reviews have

15  been completed.

16         (b)  Pass an examination approved by the department

17  that demonstrates that the applicant has a fundamental

18  knowledge of the state laws relating to the installation,

19  maintenance, and wastewater disposal of portable restrooms,

20  portable sinks, and portable holding tanks.

21         (c)  Be at least 18 years of age.

22         (d)  Have a total of at least 3 years of active

23  experience serving an apprenticeship as a skilled worker under

24  the supervision and control of a registered portable restroom

25  contractor.  Related work experience or educational experience

26  may be substituted for no more than 2 years of active

27  contracting experience.  Each 30 hours of coursework approved

28  by the department will substitute for 6 months of work

29  experience.  Out-of-state work experience shall be accepted on

30  a year-for-year basis for any applicant who demonstrates that

31  he or she holds a current license issued by another state for

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  1  portable restroom contracting that was issued upon

  2  satisfactory completion of an examination and continuing

  3  education courses that are equivalent to the requirements in

  4  this state.  Individuals from a state with no state

  5  certification who have successfully completed a written

  6  examination provided by the Portable Sanitation Association

  7  International shall only be required to take the written

  8  portion of the examination that includes state health code law

  9  and rules.  For purposes of this section, an equivalent

10  examination must include the topics of state health code law

11  and rules applicable to portable restrooms and the knowledge

12  required to handle, deliver, and pick up sanitary portable

13  restrooms; to install, handle, and maintain portable holding

14  tanks; and to handle, transport, and dispose of domestic

15  portable restroom and portable holding tank wastewater.  A

16  person employed by and under the supervision of a licensed

17  contractor shall be granted up to 2 years of related work

18  experience.

19         (e)  Have not had a registration revoked, the effective

20  date of which was less than 5 years before the application.

21         (5)  The department shall provide each applicant for

22  registration pursuant to this part with a copy of this part

23  and any rules adopted under this part.  The department may

24  also prepare and disseminate such other material and

25  questionnaires as it deems necessary to effectuate the

26  registration provisions of this part.

27         489.664  Registration renewal.--The department shall

28  prescribe by rule the method for approval of continuing

29  education courses and for renewal of annual registration.  At

30  a minimum, annual renewal shall include continuing education

31  requirements of not less than 6 classroom hours annually for

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  1  portable restroom contractors.

  2         489.665  Certification of partnerships and

  3  corporations.--

  4         (1)  The practice of or the offer to practice portable

  5  restroom contracting services by registrants through a parent

  6  corporation, corporation, subsidiary of a corporation, or

  7  partnership offering portable restroom contracting services to

  8  the public through registrants under this chapter as agents,

  9  employers, officers, or partners is permitted, provided that

10  one or more of the principal officers of the corporation or

11  one or more partners of the partnership and all personnel of

12  the corporation or partnership who act on its behalf as

13  portable restroom contractors in this state are registered as

14  provided by this part, and further provided that the

15  corporation or partnership has been issued a certificate of

16  authorization by the department as provided in this section.

17  A registered contractor may not be the sole qualifying

18  contractor for more than one business that requests a

19  certificate of authorization.  A business organization that

20  loses its qualifying contractor has 60 days following the date

21  the qualifier terminates his or her affiliation within which

22  to obtain another qualifying contractor.  During this period,

23  the business organization may complete any existing contract

24  or continuing contract, but may not undertake any new

25  contract.  This period may be extended once by the department

26  for an additional 60 days upon a showing of good cause.

27  Nothing in this section shall be construed to mean that a

28  certificate of registration to practice portable restroom

29  contracting shall be held by a corporation.  No corporation or

30  partnership shall be relieved of responsibility for the

31  conduct or acts of its agents, employees, or officers by

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  1  reason of its compliance with this section, nor shall any

  2  individual practicing portable restroom contracting be

  3  relieved of responsibility for professional services performed

  4  by reason of his or her employment or relationship with a

  5  corporation or partnership.

  6         (2)  For the purposes of this section, a certificate of

  7  authorization shall be required for a corporation,

  8  partnership, association, or person practicing under a

  9  fictitious name, offering portable restroom contracting

10  services to the public, except that when an individual is

11  practicing portable restroom contracting in his or her own

12  given name, he or she shall not be required to register under

13  this section.

14         (3)  Each certification of authorization shall be

15  renewed every 2 years.  Each partnership and corporation

16  certified under this section shall notify the department

17  within 1 month after any change in the information contained

18  in the application upon which the certification is based.

19         (4)  Disciplinary action against a corporation or

20  partnership shall be administered in the same manner and on

21  the same grounds as disciplinary action against a registered

22  portable restroom contractor.

23         (5)  When a certificate of authorization has been

24  revoked, any person authorized by law to provide portable

25  restroom contracting services may not use the name or

26  fictitious name of the entity whose certificate was revoked,

27  or any other identifiers for the entity, including telephone

28  numbers, advertisements, or logos.

29         489.666  Suspension or revocation of registration.--A

30  certificate of registration may be suspended or revoked upon a

31  showing that the registrant has:

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  1         (1)  Violated any provision of this part.

  2         (2)  Violated any lawful order or rule rendered or

  3  adopted by the department.

  4         (3)  Obtained his or her registration or any other

  5  order, ruling, or authorization by means of fraud,

  6  misrepresentation, or concealment of material facts.

  7         (4)  Been found guilty of gross misconduct in the

  8  pursuit of his or her profession.

  9         489.667  Fees; establishment.--

10         (1)  The department shall, by rule, establish fees as

11  follows:

12         (a)  For portable restroom contractor registration:

13         1.  Application and examination fee:  not less than $25

14  nor more than $75.

15         2.  Initial registration fee:  not less than $50 nor

16  more than $100.

17         3.  Renewal of registration fee:  not less than $50 nor

18  more than $100.

19         (b)  Certification of partnerships and corporations:

20  not less than $100 nor more than $250.

21         (2)  Fees established pursuant to subsection (1) shall

22  be based on the actual costs incurred by the department in

23  carrying out its registration and other related

24  responsibilities under this part.

25         489.668  Penalties and prohibitions.--

26         (1)  Any person who violates any provision of this part

27  commits a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         (2)  The department may deny a registration if it

30  determines that an applicant does not meet all requirements of

31  this part or has violated any provision of this part.  Any

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  1  applicant aggrieved by such denial shall be entitled to a

  2  hearing, after reasonable notice thereof, upon filing a

  3  written request for such hearing in accordance with chapter

  4  120.

  5         Section 97.  Subsection (1) of section 491.0057,

  6  Florida Statutes, is amended to read:

  7         491.0057  Dual licensure as a marriage and family

  8  therapist.--The department shall license as a marriage and

  9  family therapist any person who demonstrates to the board that

10  he or she:

11         (1)(a)  Holds a valid, active license as a psychologist

12  under chapter 490 or,

13         (b)  Is as a clinical social worker or mental health

14  counselor under this chapter, or is certified under s. 464.012

15  as an advanced registered nurse practitioner who has been

16  determined by the Board of Nursing as a specialist in

17  psychiatric mental health, and demonstrates equivalent

18  education and training to that specified in Ch. 491.005(3)(c).

19         Section 98.  Subsection (3) of section 627.638, Florida

20  Statutes, is added to read:

21         627.638  Direct payment for hospital, medical

22  services.--

23         (3)  Under any health insurance policy insuring against

24  loss or expense due to hospital confinement or to medical and

25  related services, payment of benefits shall be made directly

26  to any recognized hospital, doctor, or other person who

27  provided services for the treatment of a psychological

28  disorder or treatment for substance abuse, including drug and

29  alcohol abuse, when the treatment is in accordance with the

30  provisions of the policy and the insured specifically

31  authorizes direct payment of benefits. Payments shall be made

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  1  under this section, notwithstanding any contrary provisions in

  2  the health insurance contract. This subsection applies to all

  3  health insurance policies now or hereafter in force as of the

  4  effective date of this act.

  5         Section 99.  Subsection (1) of section 766.101, Florida

  6  Statutes, is amended to read:

  7         766.101  Medical review committee, immunity from

  8  liability.--

  9         (1)  As used in this section:

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

11  means:

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

13  center licensed under chapter 395 or a health maintenance

14  organization certificated under part I of chapter 641,

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

16  provider-sponsored organization, or an integrated delivery

17  system,

18         c.  A committee of a state or local professional

19  society of health care providers,

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

21  hospital or nursing home, provided the medical staff operates

22  pursuant to written bylaws that have been approved by the

23  governing board of the hospital or nursing home,

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

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

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

27  the authority or both,

28         f.  A committee of a professional service corporation

29  formed under chapter 621 or a corporation organized under

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

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

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  1  which has at least 25 health care providers who routinely

  2  provide health care services directly to patients,

  3         g.  A committee of a mental health treatment facility

  4  licensed under chapter 394 or a community mental health center

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

  6  program operates pursuant to the guidelines which have been

  7  approved by the governing board of the agency,

  8         h.  A committee of a substance abuse treatment and

  9  education prevention program licensed under chapter 397

10  provided the quality assurance program operates pursuant to

11  the guidelines which have been approved by the governing board

12  of the agency,

13         i.  A peer review or utilization review committee

14  organized under chapter 440,

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

16  health department, healthy start coalition, or certified rural

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

18  of these entities when reviewing mortality records, or

19         k.  A continuous quality improvement committee of a

20  pharmacy licensed pursuant to chapter 465, or

21         l.  A committee established by a university board of

22  trustees, or

23         m.  A committee comprised of faculty, residents,

24  students, and administrators of an accredited college of

25  medicine, nursing or other health care discipline.

26

27  which committee is formed to evaluate and improve the quality

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

29  determine that health services rendered were professionally

30  indicated or were performed in compliance with the applicable

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

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  1  considered reasonable by the providers of professional health

  2  services in the area; or

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

  4  underwriting association of medical malpractice insurance, or

  5  other persons conducting review under s. 766.106.

  6         (b)  The term "health care providers" means physicians

  7  licensed under chapter 458, osteopathic physicians licensed

  8  under chapter 459, podiatric physicians licensed under chapter

  9  461, optometrists licensed under chapter 463, dentists

10  licensed under chapter 466, chiropractic physicians licensed

11  under chapter 460, pharmacists licensed under chapter 465, or

12  hospitals or ambulatory surgical centers licensed under

13  chapter 395.

14         Section 100.  Effective upon becoming law, subsection

15  (10) of section 627.357 is amended to read:

16         627.357  Medical malpractice self-insurance.--

17         (10)  An application to form a self-insurance fund

18  under this section must be filed with the department before

19  October 1, 2002. All self-insurance funds making application

20  under this section between March 1, 2002 and October 1, 2002

21  and created after March 1, 2002 must apply for a certificate

22  of authority to become an admitted insurance company by

23  October 1, 2007. A self-insurance fund may not be formed under

24  this section after October 1, 1992.

25         Section 101.  Except as otherwise provided herein, this

26  act shall take effect July 1, 2002.

27

28

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

30  And the title is amended as follows:

31         On page ,

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  1  remove:  Everything before the enacting clause

  2

  3  and insert:

  4         An act relating to health care and health

  5         professional responsibility; transferring to

  6         the Department of Health the powers, duties,

  7         functions, and assets that relate to the

  8         consumer complaint services, investigations,

  9         and prosecutorial services performed by the

10         Agency for Health Care Administration under

11         contract with the department; transferring

12         full-time equivalent positions and the

13         practitioner regulation component from the

14         agency to the department; amending s. 20.43,

15         F.S.; deleting the provision authorizing the

16         department to enter into such contract with the

17         agency, to conform; updating a reference to

18         provide the name of a regulatory board under

19         the Division of Medical Quality Assurance;

20         requiring the Office of Legislative Services to

21         develop a business plan for the Board of

22         Dentistry; providing an appropriation;

23         requiring a report to the Governor and

24         Legislature; requiring the Department of Health

25         to contract for the implementation of the

26         electronic continuing education tracking system

27         and requiring said system to be compatible and

28         integrated with the department's licensure and

29         renewal system; amending s. 456.057, F.S.;

30         authorizing specified persons to release

31         certain medical records to a custodian upon

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         board order; exempting such persons from

  2         liability for the release of such records;

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

  4         penalties to be imposed on certain health care

  5         practitioners relating to notice to patients

  6         concerning availability and access to medical

  7         records; amending s. 456.076, F.S.; providing

  8         additional conditions for impaired

  9         practitioners to enroll in a treatment program

10         as an alternative to discipline; amending s.

11         456.0375, F.S.; revising the definition of

12         "clinic" to exempt public college and

13         university clinics from medical clinic

14         registration and to clarify when a health care

15         practitioner may supervise another health care

16         practitioner; amending s. 456.072, F.S.;

17         revising grounds for disciplinary action

18         relating to performing health care services

19         improperly and to leaving foreign bodies in

20         patients; amending s. 631.57, F.S.; exempting

21         medical malpractice insurance premiums from an

22         assessment; amending s. 395.002, F.S.; defining

23         "medically unnecessary procedure"; amending s.

24         394.4787, F.S.; conforming a cross reference;

25         amending s. 395.0161, F.S.; providing

26         rulemaking authority relating to inspections

27         and investigations of facilities; amending s.

28         395.0197, F.S.; revising requirements for

29         internal risk management programs; amending s.

30         465.019, F.S.; revising the definition of

31         "class II institutional pharmacies" to allow

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         dispensing and consulting services to hospice

  2         patients under certain circumstances; providing

  3         legislative findings relating to responsiveness

  4         to emergencies and disasters; amending s.

  5         381.0011, F.S.; revising duties of the

  6         Department of Health; authorizing the State

  7         Health Officer to take specified emergency

  8         actions to protect the public health; amending

  9         s. 381.0034, F.S.; providing a requirement for

10         instruction of certain health care licensees on

11         conditions caused by nuclear, biological, and

12         chemical terrorism, as a condition of initial

13         licensure, and, in lieu of the requirement for

14         instruction on HIV and AIDS, as a condition of

15         relicensure; amending s. 381.0035, F.S.;

16         providing a requirement for instruction of

17         employees at certain health care facilities on

18         conditions caused by nuclear, biological, and

19         chemical terrorism, upon initial employment,

20         and, in lieu of the requirement of instruction

21         on HIV and AIDS, as biennial continuing

22         education; providing an exception; creating s.

23         381.0421, F.S.; requiring postsecondary

24         education institutions to provide information

25         on hepatitis B; requiring individuals residing

26         in on-campus housing to document vaccinations

27         against hepatitis B or sign a waiver; amending

28         ss. 395.1027 and 401.245, F.S.; correcting

29         cross references; amending s. 401.23, F.S.;

30         revising definitions of "advanced life support"

31         and "basic life support" and defining

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         "emergency medical condition"; amending s.

  2         401.252, F.S.; authorizing physician assistants

  3         to conduct interfacility transfers in a

  4         permitted ambulance under certain

  5         circumstances; amending s. 401.27, F.S.;

  6         providing that the course on conditions caused

  7         by nuclear, biological, and chemical terrorism

  8         shall count toward the total required hours for

  9         biennial recertification of emergency medical

10         technicians and paramedics; amending s.

11         456.033, F.S.; providing a requirement for

12         instruction of certain health care

13         practitioners on conditions caused by nuclear,

14         biological, and chemical terrorism, as a

15         condition of initial licensure, and, in lieu of

16         the requirement for instruction on HIV and

17         AIDS, as part of biennial relicensure; creating

18         s. 456.0345, F.S.; providing continuing

19         education credits to health care practitioners

20         for certain life support training; amending s.

21         456.072, F.S.; conforming provisions relating

22         to grounds for disciplinary actions to changes

23         in health care practitioners' course

24         requirements; amending s. 456.38, F.S.;

25         revising provisions relating to the health care

26         practitioner registry for disasters and

27         emergencies; prohibiting certain termination of

28         or discrimination against a practitioner

29         providing disaster medical assistance; amending

30         ss. 458.319 and 459.008, F.S.; conforming

31         provisions relating to exceptions to continuing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         education requirements for physicians and

  2         osteopathic physicians; amending s. 765.512,

  3         F.S., relating to anatomical gifts; prohibiting

  4         modification of a donor's intent; providing

  5         that a donor document is legally binding;

  6         authorizing specified persons to furnish

  7         donors' medical records upon request; amending

  8         s. 765.516, F.S.; revising procedures by which

  9         the terms of an anatomical gift may be amended

10         or the gift may be revoked; amending s.

11         456.073, F.S.; revising procedures and

12         timeframes for formal hearings of health care

13         practitioner disciplinary cases; requiring a

14         joint audit of hearings and their billing

15         formulas and a report to the Legislature;

16         amending s. 456.076, F.S.; requiring each

17         impaired practitioner to pay a portion of the

18         cost of the consultant and impaired

19         practitioner program and the full cost of the

20         required treatment program or plan; providing

21         certain exceptions; repealing s. 456.047, F.S.,

22         to terminate the standardized credentialing

23         program for health care practitioners;

24         prohibiting the refund of moneys collected

25         through the credentialing program; amending ss.

26         456.039, 456.0391, 456.072, and 456.077, F.S.;

27         removing references, to conform; amending s.

28         458.309, F.S.; requiring accreditation of

29         physician offices in which surgery is

30         performed; amending s. 459.005, F.S.; requiring

31         accreditation of osteopathic physician offices

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         in which surgery is performed; amending s.

  2         456.004, F.S., relating to powers and duties of

  3         the department; requiring performance measures

  4         for certain entities; providing procedures for

  5         considering board requests to privatize

  6         regulatory functions; amending s. 456.009,

  7         F.S.; requiring performance measures for

  8         certain legal and investigative services and

  9         annual review of such services to determine

10         whether such performance measures are being

11         met; amending s. 456.011, F.S.; requiring

12         regulatory board committee meetings, including

13         probable cause panels, to be held

14         electronically unless certain conditions are

15         met; providing for determination of location of

16         in-person meetings; amending s. 456.026, F.S.;

17         requiring inclusion of performance measures for

18         certain entities in the department's annual

19         report to the Legislature; creating s.

20         458.3093, F.S.; requiring submission of

21         credentials for initial physician licensure to

22         a national licensure verification service;

23         requiring verification of such credentials by

24         that service or an equivalent program; creating

25         s. 459.0053, F.S.; requiring submission of

26         credentials for initial osteopathic physician

27         licensure to a national licensure verification

28         service; requiring verification of such

29         credentials by that service, a specified

30         association, or an equivalent program; amending

31         ss. 458.331, 459.015, and 627.912, F.S.;

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         raising the malpractice closed claims reporting

  2         requirement amount; amending s. 456.073, F.S.;

  3         requiring health care practitioner licensees to

  4         pay the actual costs of investigation and

  5         prosecution under certain circumstances;

  6         requiring cases in which no probable cause has

  7         been found to be closed within a specified

  8         period of time; requiring a study of the field

  9         office structure and organization of the Agency

10         for Health Care Administration and a report to

11         the Legislature; amending s. 456.025, F.S.;

12         eliminating certain restrictions on the setting

13         of licensure renewal fees for health care

14         practitioners; creating s. 456.0165, F.S.;

15         restricting the costs that may be charged by

16         educational institutions hosting health care

17         practitioner licensure examinations; requiring

18         health care practitioner licensure and

19         licensure renewal fees to be set at the

20         statutory fee cap or at graduated levels equal

21         to certain percentages of the actual regulatory

22         costs, whichever is less; amending s. 468.301,

23         F.S.; revising the definition of "direct

24         supervision" applicable to the regulation of

25         radiologic technology; amending s. 468.302,

26         F.S.; authorizing certified nuclear medicine

27         technologists to administer X radiation from

28         certain devices under certain circumstances;

29         exempting certain persons from radiologic

30         technologist certification and providing

31         certain training requirements for such

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         exemption; amending s. 468.352, F.S.; revising

  2         and providing definitions applicable to the

  3         regulation of respiratory therapy; amending s.

  4         468.355, F.S.; revising provisions relating to

  5         respiratory therapy licensure and testing

  6         requirements; amending s. 468.368, F.S.;

  7         revising exemptions from respiratory therapy

  8         licensure requirements; repealing s. 468.356,

  9         F.S., relating to the approval of educational

10         programs; repealing s. 468.357, F.S., relating

11         to licensure by examination; requiring

12         applications for health care practitioner

13         licensure and licensure renewal to be submitted

14         electronically beginning July 1, 2003; annually

15         adjusting by 2.5 percent the statutory fee caps

16         applicable to regulation of health care

17         practitioners; renumbering ss. 381.0602,

18         381.6021, 381.6022, 381.6023, 381.6024, and

19         381.6026, F.S., and renumbering and amending

20         ss. 381.60225 and 381.6025, F.S., to move

21         provisions relating to organ and tissue

22         procurement, donation, and transplantation to

23         part V, ch. 765, F.S., relating to anatomical

24         gifts; revising cross references, to conform;

25         amending ss. 395.2050, 409.815, 765.5216, and

26         765.522, F.S.; revising cross references, to

27         conform;   providing coverage for certain organ

28         transplant services; amending s. 409.915, F.S.;

29         exempting counties from contributions for such

30         services;  amending s. 456.074, F.S.; providing

31         for an emergency order suspending the license

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         of any health care practitioner who has

  2         defaulted on a student loan issued or

  3         guaranteed by the state or the Federal

  4         Government; amending s. 456.072, F.S., and

  5         reenacting subsection (2), relating to

  6         disciplinary actions; clarifying the ground for

  7         disciplinary action for failing to perform a

  8         statutory or legal obligation to include

  9         failing to repay a student loan issued or

10         guaranteed by the state or the Federal

11         Government in accordance with the terms of the

12         loan and for failing to comply with service

13         scholarship obligations; providing penalties;

14         directing the Department of Health to obtain

15         certain information from the United States

16         Department of Health and Human Services on a

17         monthly basis and to include certain

18         information in its annual report to the

19         Legislature; reenacting ss. 456.026 and

20         456.073, F.S., relating to the annual report

21         and disciplinary proceedings, respectively, to

22         conform; providing applicability; amending s.

23         400.925, F.S.; eliminating the regulation of

24         certain home medical equipment by the Agency

25         for Health Care Administration;  amending s.

26         765.104, F.S.; authorizing a patient whose

27         legal disability is removed to amend or revoke

28         the recognition of a medical proxy and any

29         uncompleted decision made by that proxy;

30         specifying when the amendment or revocation

31         takes effect; amending s. 408.036, F.S., to

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         exempt satellite hospitals from certificate of

  2         need review; amends s. 395.002, F.S., to

  3         provide a definition of "surgical first

  4         assistant;" amends s. 395.0197, F.S., to allow

  5         a operating surgeon to choose the surgical

  6         first assistant under certain conditions;

  7         amending s. 408.043, F.S.; specifying that

  8         certain hospitals in certain counties may add

  9         additional beds without agency review under

10         certain circumstances; amending s. 408.036,

11         F.S.; revising the exemptions from

12         certificate-of-need requirements for certain

13         open heart surgery programs and for a satellite

14         hospital;  amending s. 768.13, F.S.; providing

15         immunity from civil damages under the Good

16         Samaritan Act for actions taken in response to

17         situations during a declared public health

18         emergency; revising the circumstances under

19         which immunity from civil damages is extended

20         to actions taken by persons licensed to

21         practice medicine; amending s. 381.0066, F.S.;

22         authorizing the continuation of permit fees for

23         system construction permits for onsite sewage

24         treatment and disposal systems; creating part

25         IV of chapter 489, F.S., relating to portable

26         restroom contracting; providing definitions;

27         requiring registration and providing

28         requirements therefor, including an

29         examination; providing for administration;

30         providing rulemaking authority; providing for

31         renewal of registration, including continuing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. 1 (for drafter's use only)





  1         education; providing for certification of

  2         partnerships and corporations; providing

  3         grounds for suspension or revocation of

  4         registration; providing fees; providing

  5         penalties and prohibitions; amends s. 627.638,

  6         F.S., to require direct payments under certain

  7         circumstances; providing effective dates.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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