CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Farkas and Fasano offered the following:
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13 Amendment to Amendment (121137)
14 In the title, on page 106, line 4, through page 116,
15 line 7,
16 remove: all of said lines
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18 and insert:
19 A bill to be entitled
20 An act relating to health care and health
21 professional responsibility; transferring to
22 the Department of Health the powers, duties,
23 functions, and assets that relate to the
24 consumer complaint services, investigations,
25 and prosecutorial services performed by the
26 Agency for Health Care Administration under
27 contract with the department; transferring
28 full-time equivalent positions and the
29 practitioner regulation component from the
30 agency to the department; amending s. 20.43,
31 F.S.; deleting the provision authorizing the
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 department to enter into such contract with the
2 agency, to conform; updating a reference to
3 provide the name of a regulatory board under
4 the Division of Medical Quality Assurance;
5 requiring the Office of Legislative Services to
6 contract for an outsourcing feasibility study
7 relating to the regulatory responsibilities of
8 the Board of Dentistry; providing an
9 appropriation; requiring a report to the
10 Governor and Legislature; requiring the
11 Department of Health to contract for the
12 implementation of the electronic continuing
13 education tracking system and requiring said
14 system to be compatible and integrated with the
15 department's licensure and renewal system;
16 amending s. 456.057, F.S.; authorizing
17 specified persons to release certain medical
18 records to a custodian upon board order;
19 exempting such persons from liability for the
20 release of such records; amending s. 456.072,
21 F.S.; providing additional penalties to be
22 imposed on certain health care practitioners
23 relating to notice to patients concerning
24 availability and access to medical records;
25 amending s. 456.076, F.S.; providing additional
26 conditions for impaired practitioners to enroll
27 in a treatment program as an alternative to
28 discipline; amending s. 456.0375, F.S.;
29 revising the definition of "clinic" to exempt
30 public college and university clinics from
31 medical clinic registration, to restrict the
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 exemption for massage establishments, and to
2 clarify when a health care practitioner may
3 supervise another health care practitioner;
4 amending s. 456.072, F.S.; revising grounds for
5 disciplinary action relating to performing
6 health care services improperly and to leaving
7 foreign bodies in patients; amending s. 631.57,
8 F.S.; exempting medical malpractice insurance
9 premiums from an assessment; amending s.
10 395.002, F.S.; defining "medically unnecessary
11 procedure"; amending s. 394.4787, F.S.;
12 conforming a cross reference; amending s.
13 395.0161, F.S.; providing rulemaking authority
14 relating to inspections and investigations of
15 facilities; amending s. 395.0197, F.S.;
16 revising requirements for internal risk
17 management programs; amending s. 465.019, F.S.;
18 revising the definition of "class II
19 institutional pharmacies" to allow dispensing
20 and consulting services to hospice patients
21 under certain circumstances; providing
22 legislative findings relating to responsiveness
23 to emergencies and disasters; amending s.
24 381.0011, F.S.; revising duties of the
25 Department of Health; authorizing the State
26 Health Officer to take specified emergency
27 actions to protect the public health; amending
28 s. 381.0034, F.S.; providing a requirement for
29 instruction of certain health care licensees on
30 conditions caused by nuclear, biological, and
31 chemical terrorism, as a condition of initial
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 licensure, and, in lieu of the requirement for
2 instruction on HIV and AIDS, as a condition of
3 relicensure; amending s. 381.0035, F.S.;
4 providing a requirement for instruction of
5 employees at certain health care facilities on
6 conditions caused by nuclear, biological, and
7 chemical terrorism, upon initial employment,
8 and, in lieu of the requirement of instruction
9 on HIV and AIDS, as biennial continuing
10 education; providing an exception; creating s.
11 381.0421, F.S.; requiring postsecondary
12 education institutions to provide information
13 on meningococcal meningitis and hepatitis B;
14 requiring individuals residing in on-campus
15 housing to document vaccinations against
16 meningococcal meningitis and hepatitis B or
17 sign a waiver; amending ss. 395.1027 and
18 401.245, F.S.; correcting cross references;
19 amending s. 401.23, F.S.; revising definitions
20 of "advanced life support" and "basic life
21 support" and defining "emergency medical
22 condition"; amending s. 401.252, F.S.;
23 authorizing physician assistants to conduct
24 interfacility transfers in a permitted
25 ambulance under certain circumstances; amending
26 s. 401.27, F.S.; providing that the course on
27 conditions caused by nuclear, biological, and
28 chemical terrorism shall count toward the total
29 required hours for biennial recertification of
30 emergency medical technicians and paramedics;
31 amending s. 456.033, F.S.; providing a
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 requirement for instruction of certain health
2 care practitioners on conditions caused by
3 nuclear, biological, and chemical terrorism, as
4 a condition of initial licensure, and, in lieu
5 of the requirement for instruction on HIV and
6 AIDS, as part of biennial relicensure; creating
7 s. 456.0345, F.S.; providing continuing
8 education credits to health care practitioners
9 for certain life support training; amending s.
10 456.072, F.S.; conforming provisions relating
11 to grounds for disciplinary actions to changes
12 in health care practitioners' course
13 requirements; amending s. 456.38, F.S.;
14 revising provisions relating to the health care
15 practitioner registry for disasters and
16 emergencies; prohibiting certain termination of
17 or discrimination against a practitioner
18 providing disaster medical assistance; amending
19 ss. 458.319 and 459.008, F.S.; conforming
20 provisions relating to exceptions to continuing
21 education requirements for physicians and
22 osteopathic physicians; amending s. 765.512,
23 F.S., relating to anatomical gifts; prohibiting
24 modification of a donor's intent; providing
25 that a donor document is legally binding;
26 authorizing specified persons to furnish
27 donors' medical records upon request; amending
28 s. 765.516, F.S.; revising procedures by which
29 the terms of an anatomical gift may be amended
30 or the gift may be revoked; amending s.
31 456.073, F.S.; revising procedures and
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 timeframes for formal hearings of health care
2 practitioner disciplinary cases; requiring a
3 joint audit of hearings and their billing
4 formulas and a report to the Legislature;
5 amending s. 456.076, F.S.; requiring each
6 impaired practitioner to pay a portion of the
7 cost of the consultant and impaired
8 practitioner program and the full cost of the
9 required treatment program or plan; providing
10 certain exceptions; repealing s. 456.047, F.S.,
11 to terminate the standardized credentialing
12 program for health care practitioners;
13 prohibiting the refund of moneys collected
14 through the credentialing program; amending ss.
15 456.039, 456.0391, 456.072, and 456.077, F.S.;
16 removing references, to conform; amending s.
17 458.309, F.S.; requiring accreditation of
18 physician offices in which surgery is
19 performed; amending s. 459.005, F.S.; requiring
20 accreditation of osteopathic physician offices
21 in which surgery is performed; amending s.
22 456.004, F.S., relating to powers and duties of
23 the department; requiring performance measures
24 for certain entities; providing procedures for
25 considering board requests to privatize
26 regulatory functions; amending s. 456.009,
27 F.S.; requiring performance measures for
28 certain legal and investigative services and
29 annual review of such services to determine
30 whether such performance measures are being
31 met; amending s. 456.011, F.S.; requiring
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 regulatory board committee meetings, including
2 probable cause panels, to be held
3 electronically unless certain conditions are
4 met; providing for determination of location of
5 in-person meetings; amending s. 456.026, F.S.;
6 requiring inclusion of performance measures for
7 certain entities in the department's annual
8 report to the Legislature; creating s.
9 458.3093, F.S.; requiring submission of
10 credentials for initial physician licensure to
11 a national licensure verification service;
12 requiring verification of such credentials by
13 that service or an equivalent program; creating
14 s. 459.0053, F.S.; requiring submission of
15 credentials for initial osteopathic physician
16 licensure to a national licensure verification
17 service; requiring verification of such
18 credentials by that service, a specified
19 association, or an equivalent program; amending
20 ss. 458.331, 459.015, and 627.912, F.S.;
21 raising the malpractice closed claims reporting
22 requirement amount; amending s. 456.073, F.S.;
23 requiring health care practitioner licensees to
24 pay certain costs of investigation and
25 prosecution under certain circumstances;
26 requiring cases in which no probable cause has
27 been found to be closed within a specified
28 period of time; requiring a study of the field
29 office structure and organization of the Agency
30 for Health Care Administration and a report to
31 the Legislature; amending s. 456.025, F.S.;
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 eliminating certain restrictions on the setting
2 of licensure renewal fees for health care
3 practitioners; creating s. 456.0165, F.S.;
4 restricting the costs that may be charged by
5 educational institutions hosting health care
6 practitioner licensure examinations; requiring
7 health care practitioner licensure and
8 licensure renewal fees to be set at graduated
9 levels of the statutory fee cap or actual
10 regulatory costs, whichever is less; amending
11 s. 468.301, F.S.; revising the definition of
12 "direct supervision" applicable to the
13 regulation of radiologic technology; amending
14 s. 468.302, F.S.; authorizing certified nuclear
15 medicine technologists to administer X
16 radiation from certain devices under certain
17 circumstances; exempting certain persons from
18 radiologic technologist certification and
19 providing certain training requirements for
20 such exemption; amending s. 468.352, F.S.;
21 revising and providing definitions applicable
22 to the regulation of respiratory therapy;
23 amending s. 468.355, F.S.; revising provisions
24 relating to respiratory therapy licensure and
25 testing requirements; amending s. 468.368,
26 F.S.; revising exemptions from respiratory
27 therapy licensure requirements; repealing s.
28 468.356, F.S., relating to the approval of
29 educational programs; repealing s. 468.357,
30 F.S., relating to licensure by examination;
31 requiring applications for health care
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 practitioner licensure and licensure renewal to
2 be submitted electronically beginning July 1,
3 2003, with certain exceptions; annually
4 adjusting by 2.5 percent the statutory fee caps
5 applicable to regulation of health care
6 practitioners; renumbering ss. 381.0602,
7 381.6021, 381.6022, 381.6023, 381.6024, and
8 381.6026, F.S., and renumbering and amending
9 ss. 381.60225 and 381.6025, F.S., to move
10 provisions relating to organ and tissue
11 procurement, donation, and transplantation to
12 part V, ch. 765, F.S., relating to anatomical
13 gifts; revising cross references, to conform;
14 amending ss. 395.2050, 409.815, 765.5216, and
15 765.522, F.S.; revising cross references, to
16 conform; providing coverage for certain organ
17 transplant services; amending s. 409.915, F.S.;
18 exempting counties from contributions for such
19 services; amending s. 456.074, F.S.; providing
20 for an emergency order suspending the license
21 of any health care practitioner who has
22 defaulted on a student loan issued or
23 guaranteed by the state or the Federal
24 Government; amending s. 456.072, F.S., and
25 reenacting subsection (2), relating to
26 disciplinary actions; clarifying the ground for
27 disciplinary action for failing to perform a
28 statutory or legal obligation to include
29 failing to repay a student loan issued or
30 guaranteed by the state or the Federal
31 Government in accordance with the terms of the
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 loan and for failing to comply with service
2 scholarship obligations; providing penalties;
3 directing the Department of Health to obtain
4 certain information from the United States
5 Department of Health and Human Services on a
6 monthly basis and to include certain
7 information in its annual report to the
8 Legislature; reenacting ss. 456.026 and
9 456.073, F.S., relating to the annual report
10 and disciplinary proceedings, respectively, to
11 conform; providing applicability; amending s.
12 400.925, F.S.; eliminating the regulation of
13 certain home medical equipment by the Agency
14 for Health Care Administration; amending s.
15 409.91195, F.S.; revising provisions relating
16 to the inclusion of drugs on the preferred drug
17 formulary; providing for public testimony;
18 amending s. 765.104, F.S.; authorizing a
19 patient whose legal disability is removed to
20 amend or revoke the recognition of a medical
21 proxy and any uncompleted decision made by that
22 proxy; specifying when the amendment or
23 revocation takes effect; amending s. 765.401,
24 F.S.; providing for health care decisions for
25 persons having a developmental disability;
26 amending s. 457.105, F.S.; revising licensure
27 requirements to practice acupuncture; providing
28 for denial of licensure for failure to pass the
29 examination after a certain number of attempts;
30 amending s. 457.1085, F.S.; removing obsolete
31 dates relating to adoption of rules relating to
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 infection control; amending s. 457.109, F.S.;
2 prohibiting the use of certain titles relating
3 to the practice of acupuncture unless properly
4 licensed and certified; providing penalties;
5 amending s. 457.116, F.S.; increasing the
6 penalties applicable to prohibited acts
7 relating to the practice of acupuncture;
8 creating s. 457.119, F.S.; providing rulemaking
9 authority for the approval of educational
10 programs for practitioners of acupuncture;
11 amending s. 408.036, F.S., to exempt satellite
12 hospitals from certificate of need review;
13 amending s. 395.002, F.S., to provide a
14 definition of "surgical first assistant;"
15 amending s. 395.0197, F.S., to allow an
16 operating surgeon to choose the surgical first
17 assistant under certain conditions; amending s.
18 408.043, F.S.; specifying that certain
19 hospitals in certain counties may add
20 additional beds without agency review under
21 certain circumstances; amending s. 768.13,
22 F.S.; providing immunity from civil damages
23 under the Good Samaritan Act for actions taken
24 in response to situations during a declared
25 public health emergency; revising the
26 circumstances under which immunity from civil
27 damages is extended to actions taken by persons
28 licensed to practice medicine; amending s.
29 381.0066, F.S.; authorizing the continuation of
30 permit fees for system construction permits for
31 onsite sewage treatment and disposal systems;
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HOUSE AMENDMENT
Bill No. CS/HB 507
Amendment No. ___ (for drafter's use only)
1 creating part IV of chapter 489, F.S., relating
2 to portable restroom contracting; providing
3 definitions; requiring registration and
4 providing requirements therefor, including an
5 examination; providing for administration;
6 providing rulemaking authority; providing for
7 renewal of registration, including continuing
8 education; providing for certification of
9 partnerships and corporations; providing
10 grounds for suspension or revocation of
11 registration; providing fees; providing
12 penalties and prohibitions; amending s.
13 491.0057, F.S.; revising requirements relating
14 to dual licensure as a marriage and family
15 therapist; amending s. 627.638, F.S., to
16 require direct payment of benefits for hospital
17 or medical services under certain
18 circumstances; amending s. 766.101, F.S.;
19 expanding the definition of the term "medical
20 review committee" for purposes of immunity from
21 liability; amending s. 627.357, F.S., relating
22 to medical malpractice insurance; providing
23 requirements to apply to form a self-insurance
24 fund; providing effective dates.
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