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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Frankel offered the following:

12

13         Substitute Amendment for Amendment (121137) (with title

14  amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

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

19  duties, functions, records, personnel, property, and

20  unexpended balances of appropriations, allocations, and other

21  funds of the Agency for Health Care Administration that relate

22  to consumer complaint services, investigations, and

23  prosecutorial services currently provided by the Agency for

24  Health Care Administration under a contract with the

25  Department of Health are transferred to the Department of

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

27  Florida Statutes.  This transfer of funds shall include all

28  advance payments made from the Medical Quality Assurance Trust

29  Fund to the Agency for Health Care Administration.

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

31  equivalent positions are eliminated from the Agency for Health

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  Care Administration's total number of authorized positions.

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

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

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

  5  should the General Appropriations Act for fiscal year

  6  2002-2003 reduce the number of positions from the practitioner

  7  regulation component at the Agency for Health Care

  8  Administration, that provision shall be construed to eliminate

  9  the full-time equivalent positions from the practitioner

10  regulation component which is hereby transferred to the

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

12  positions being eliminated from the agency and no more than

13  279 positions being authorized to the department.

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

15  complaint and investigative services units of the agency are

16  transferred and assigned to the Division of Medical Quality

17  Assurance of the Department of Health.

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

19  care practitioner prosecutorial unit of the agency are

20  transferred and assigned to the Office of the General Counsel

21  of the Department of Health.

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

23  in interest in all legal proceedings and contracts currently

24  involving the Agency for Health Care Administration and

25  relating to health care practitioner regulation.  Except as

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

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

28  transfer.  The interagency agreement between the Department of

29  Health and the Agency for Health Care Administration shall

30  terminate on June 30, 2002.

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  20.43, Florida Statutes, is amended to read:

  2         20.43  Department of Health.--There is created a

  3  Department of Health.

  4         (3)  The following divisions of the Department of

  5  Health are established:

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

  7  responsible for the following boards and professions

  8  established within the division:

  9         1.  The Board of Acupuncture, created under chapter

10  457.

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

12         3.  The Board of Osteopathic Medicine, created under

13  chapter 459.

14         4.  The Board of Chiropractic Medicine, created under

15  chapter 460.

16         5.  The Board of Podiatric Medicine, created under

17  chapter 461.

18         6.  Naturopathy, as provided under chapter 462.

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

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

21  chapter 464.

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

23  chapter 464.

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

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

26         12.  Midwifery, as provided under chapter 467.

27         13.  The Board of Speech-Language Pathology and

28  Audiology, created under part I of chapter 468.

29         14.  The Board of Nursing Home Administrators, created

30  under part II of chapter 468.

31         15.  The Board of Occupational Therapy, created under

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  part III of chapter 468.

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

  3  provided under part V of chapter 468.

  4         17.  Dietetics and nutrition practice, as provided

  5  under part X of chapter 468.

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

  7  XIII of chapter 468.

  8         19.  The Board of Orthotists and Prosthetists, created

  9  under part XIV of chapter 468.

10         20.  Electrolysis, as provided under chapter 478.

11         21.  The Board of Massage Therapy, created under

12  chapter 480.

13         22.  The Board of Clinical Laboratory Personnel,

14  created under part III of chapter 483.

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

16  chapter 483.

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

18  chapter 484.

19         25.  The Board of Hearing Aid Specialists, created

20  under part II of chapter 484.

21         26.  The Board of Physical Therapy Practice, created

22  under chapter 486.

23         27.  The Board of Psychology, created under chapter

24  490.

25         28.  School psychologists, as provided under chapter

26  490.

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

28  Family Therapy, and Mental Health Counseling, created under

29  chapter 491.

30

31  The department may contract with the Agency for Health Care

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  Administration who shall provide consumer complaint,

  2  investigative, and prosecutorial services required by the

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

  4  appropriate.

  5         Section 3.  The Office of Legislative Services shall

  6  contract for a business case study of the feasibility of

  7  outsourcing the administrative, investigative, legal, and

  8  prosecutorial functions and other tasks and services that are

  9  necessary to carry out the regulatory responsibilities of the

10  Board of Dentistry; employing its own executive director and

11  other staff; and obtaining authority over collections and

12  expenditures of funds paid by professions regulated by the

13  board of Dentistry into the Medical Quality Assurance Trust

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

15  an assessment of the direct and indirect costs associated with

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

17  appropriated from the Board of Dentistry account within the

18  Medical Quality Assurance Trust Fund to the Office of

19  Legislative Services for the purpose of contracting for the

20  study. The Office of Legislative Services shall submit the

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

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

23  2003.

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

25  Department of Health shall contract with one or more private

26  entities to implement the electronic continuing education

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

28  Statutes.  The electronic continuing education tracking system

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  integrate such system or systems into the Department of

  2  Health's licensure and renewal system.

  3         (2)  The continuing education tracking system shall

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

  5  continuing education credits or courses which have been

  6  reported by providers of continuing education and shall

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

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

  9  continuing education.

10         (3)  The private entities under contract with the

11  Department of Health may fund the development and operation of

12  the continuing education tracking system through private

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

14  continuing education courses. The Department of Health is

15  authorized to use continuing education provider fees and

16  licensure renewal fees to fund the operation of the continuing

17  education tracking system, subject to legislative

18  appropriation.

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

20  one contract if the department determines that it would be

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

22  for professions which use board-approved providers and one

23  vendor for professions which allow licensees to take courses

24  approved by other entities.

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

26  Statutes, is amended to read:

27         456.057  Ownership and control of patient records;

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  practitioner, the mental or physical incapacitation of the

  2  practitioner, or the abandonment of medical records by a

  3  practitioner. The custodian appointed shall comply with all

  4  provisions of this section, including the release of patient

  5  records.  Any person or entity having possession or physical

  6  control of the medical records may release them to the

  7  custodian upon presentment of an order signed by the board

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

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

10  records to a validly appointed custodian.

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

12  Florida Statutes, to read:

13         456.072  Grounds for discipline; penalties;

14  enforcement.--

15         (7)  In addition to any other discipline imposed

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

17  2002, pursuant to this section or for a violation of any

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

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

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

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

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

23  456.076, Florida Statutes, is amended to read:

24         456.076  Treatment programs for impaired

25  practitioners.--

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

27  oral legally sufficient complaint alleging that a licensee

28  under the jurisdiction of the Division of Medical Quality

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





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

  2  against the licensee other than impairment exists, the

  3  reporting of such information shall not constitute grounds for

  4  discipline pursuant to s. 456.072 or the corresponding grounds

  5  for discipline within the applicable practice act if the

  6  probable cause panel of the appropriate board, or the

  7  department when there is no board, finds:

  8         1.  The licensee has acknowledged the impairment

  9  problem.

10         2.  The licensee has voluntarily enrolled in an

11  appropriate, approved treatment program.

12         3.  The licensee has voluntarily withdrawn from

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

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

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

16  has successfully completed an approved treatment program.

17         4.  The licensee has executed releases for medical

18  records, authorizing the release of all records of

19  evaluations, diagnoses, and treatment of the licensee,

20  including records of treatment for emotional or mental

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

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

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

24  treatment program.

25         5.  The licensee has voluntarily notified his or her

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

27  records owner who is terminating practice, retiring, or

28  relocating and is no longer available to patients.

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

30  456.0375, Florida Statutes, is amended to read:

31         456.0375  Registration of certain clinics;

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  requirements; discipline; exemptions.--

  2         (1)

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

  4  does not include and the registration requirements herein do

  5  not apply to:

  6         1.  Entities licensed or registered by the state

  7  pursuant to chapter 390, chapter 394, chapter 395, chapter

  8  397, chapter 400, chapter 463, chapter 465, chapter 466,

  9  chapter 478, chapter 480, or chapter 484.

10         2.  Entities exempt from federal taxation under 26

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

12  university clinics.

13         3.  Sole proprietorships, group practices,

14  partnerships, or corporations that provide health care

15  services by licensed health care practitioners pursuant to

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

17  484, 486, 490, 491, or part I, part III, part X, part XIII, or

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

19  by licensed health care practitioners or the licensed health

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

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

22  owners who is a licensed health care practitioner is

23  supervising the services performed therein and is legally

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

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

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

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

28  construed to prohibit a health care practitioner from

29  providing administrative or managerial supervision for

30  personnel purposes.

31         4.  Massage establishments licensed pursuant to s.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  480.043 so long as the massage establishment is only providing

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

  3  health care service.

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

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

  6         456.072  Grounds for discipline; penalties;

  7  enforcement.--

  8         (1)  The following acts shall constitute grounds for

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

10  be taken:

11         (aa)  Performing or attempting to perform health care

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

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

14  medically unnecessary or otherwise unrelated to the patient's

15  diagnosis or medical condition. For the purposes of this

16  paragraph, performing or attempting to perform health care

17  services includes the preparation of the patient.

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

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

20  paraphernalia commonly used in surgical, examination, or other

21  diagnostic procedures, unless leaving the foreign body is

22  medically indicated and documented in the patient record. For

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

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

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

26  profession, unless medically indicated and documented in the

27  patient record regardless of the intent of the professional.

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

29  Florida Statutes, to read:

30         631.57  Powers and duties of the association.--

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  net direct written premiums of medical malpractice insurance

  2  are not subject to assessment under this section to cover

  3  claims and administrative costs for the type of insurance

  4  defined in s. 624.604.

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

  6  395.002, Florida Statutes, are renumbered as subsections (23)

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

  8  to said section to read:

  9         395.002  Definitions.--As used in this chapter:

10         (22)  "Medically unnecessary procedure" means a

11  surgical or other invasive procedure that a reasonable

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

13  diagnostic information, would not deem to be indicated in

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

15  disease.

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

17  Florida Statutes, is amended to read:

18         394.4787  Definitions; ss. 394.4786, 394.4787,

19  394.4788, and 394.4789.--As used in this section and ss.

20  394.4786, 394.4788, and 394.4789:

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

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

23  specialty psychiatric hospital.

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

25  395.0161, Florida Statutes, to read:

26         395.0161  Licensure inspection.--

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

28  conduct of inspections or investigations it initiates in

29  response to:

30         1.  Reports filed pursuant to s. 395.0197.

31         2.  Complaints alleging violations of state or federal

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  emergency access laws.

  2         3.  Complaints made by the public alleging violations

  3  of law by licensed facilities or personnel.

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

  5  used in such investigations or inspections in order to protect

  6  the due process rights of licensed facilities and personnel

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

  8  the disruption of facility operations and the cost to

  9  facilities resulting from such investigations.

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

11  395.0197, Florida Statutes, are amended to read:

12         395.0197  Internal risk management program.--

13         (2)  The internal risk management program is the

14  responsibility of the governing board of the health care

15  facility. Each licensed facility shall utilize the services of

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

17  responsible for implementation and oversight of such

18  facility's internal risk management program as required by

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

20  more than four internal risk management programs in separate

21  licensed facilities, unless the facilities are under one

22  corporate ownership or the risk management programs are in

23  rural hospitals.

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

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

26  facility records necessary to carry out the provisions of this

27  section.  The records obtained by the agency under subsection

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

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

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

31  disciplinary proceedings by the agency or the appropriate

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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

  2  456.071 be available to the public as part of the record of

  3  investigation for and prosecution in disciplinary proceedings

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

  5  regulatory board. However, the agency or the appropriate

  6  regulatory board shall make available, upon written request by

  7  a health care professional against whom probable cause has

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

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

10  medical review committee records, s. 766.101 controls.

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

12  inspection process, the internal risk management program at

13  each licensed facility regulated by this section to determine

14  whether the program meets standards established in statutes

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

16  designed to reduce adverse incidents, and whether the program

17  is appropriately reporting incidents under this section.  Only

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

19  under contract with the agency may conduct inspections to

20  determine whether a program meets the requirements of this

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

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

23  surrounding circumstances, is recognized as acceptable and

24  appropriate by reasonably prudent similar licensed risk

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

26  Administration shall employ or contract with a minimum of

27  three licensed risk managers in each district to conduct

28  inspections pursuant to this section. 

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

30  465.019, Florida Statutes, is amended to read:

31         465.019  Institutional pharmacies; permits.--

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         (2)  The following classes of institutional pharmacies

  2  are established:

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

  4  institutional pharmacies which employ the services of a

  5  registered pharmacist or pharmacists who, in practicing

  6  institutional pharmacy, shall provide dispensing and

  7  consulting services on the premises to patients of that

  8  institution and to patients receiving care in a hospice

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

10  providing services on the premises of that institution, for

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

12  institutional pharmacy located in an area or county included

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

14  declared by the Governor may provide dispensing and consulting

15  services to individuals who are not patients of the

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

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

18  drug order under the supervision of a physician or charge

19  nurse, consistent with good institutional practice procedures.

20  The obtaining and administering of such single dose of a

21  medicinal drug shall be pursuant to drug-handling procedures

22  established by a consultant pharmacist.  Medicinal drugs may

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

24  accordance with the provisions of this section.

25         Section 16.  Responsiveness to emergencies and

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

27  it is critical that Florida be prepared to respond

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

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

30  a need to better educate health care practitioners on diseases

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  and chemical terrorism so that health care practitioners can

  2  more effectively care for patients and better educate patients

  3  as to prevention and treatment. Additionally, the Legislature

  4  finds that not all health care practitioners have been

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

  6  health care practitioners should be encouraged to obtain such

  7  training. The Legislature finds that health care practitioners

  8  who are willing to respond in emergencies or disasters should

  9  not be penalized for providing their assistance.

10         Section 17.  Section 381.0011, Florida Statutes, is

11  amended to read:

12         381.0011  Duties and powers of the Department of

13  Health; authority of State Health Officer.--

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

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

16  the state through statewide data collection and other

17  appropriate means, with special attention to future needs that

18  may result from population growth, technological advancements,

19  new societal priorities, or other changes.

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

21  health of the state.

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

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

24  public health mission and health status objectives to direct

25  the use of public health resources with an emphasis on

26  prevention.

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

28  to sanitation, control of communicable diseases, illnesses and

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

30  the general health of the people of the state.

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

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                                                Bill No. CS/HB 507

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

  2  suppression of communicable and other diseases, illnesses,

  3  injuries, and hazards to human health.

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

  5  quarantine of persons, animals, and premises as the

  6  circumstances indicate for controlling communicable diseases

  7  or providing protection from unsafe conditions that pose a

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

  9  392.545-392.60.

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

11  conditions and procedures for imposing and releasing a

12  quarantine. The rules must include provisions related to:

13         a.1.  The closure of premises.

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

15  infected with a communicable disease.

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

17  vaccination, for communicable disease required prior to

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

19  quarantine.

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

21  suspected of having a disease transmissible to humans.

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

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

24  or premises.

25         g.  Methods of quarantine.

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

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

28  state except by authority of the department.

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

30  of the incidence, causes, modes of propagation and

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

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                                                Bill No. CS/HB 507

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  1  diseases, illnesses, and hazards to human health.

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

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

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

  5  department shall conduct a workshop before issuing any health

  6  alert or advisory relating to food-borne illness or

  7  communicable disease in public lodging or food service

  8  establishments in order to inform persons, trade associations,

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

10  input of affected persons, trade associations, and businesses

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

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

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

14  or advisory.

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

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

17  officials in enforcing public health laws and regulations.

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

19  officials, and private boards and organizations for the

20  improvement and preservation of the public health.

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

22  officials, and private organizations in developing and

23  implementing a statewide injury control program.

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

25  120.54 to implement the provisions of law conferring duties

26  upon it.  This paragraph subsection does not authorize the

27  department to require a permit or license unless such

28  requirement is specifically provided by law.

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

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

31  following actions to protect the public health:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         (a)  Notwithstanding chapters 465 and 499 and rules

  2  adopted thereunder, the State Health Officer may direct

  3  pharmacists employed by the department to compound bulk

  4  prescription drugs and provide these bulk prescription drugs

  5  to county health department physicians, physician assistants,

  6  and nurses for administration to persons as part of a

  7  prophylactic or treatment regimen when there is a significant

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

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

10  chemical terrorism.

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

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

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

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

15         1.  Directing Florida manufacturers and wholesalers of

16  prescription and over-the-counter drugs permitted under

17  chapter 499 to give priority to shipping such drugs to

18  pharmacies and health care providers located in geographic

19  areas identified by the State Health Officer. Florida

20  manufacturers and wholesalers must respond to the State Health

21  Officer's priority shipping directive before shipping the

22  specified drugs to other pharmacies or health care providers

23  in Florida.

24         2.  Notwithstanding s. 456.036, temporarily

25  reactivating the inactive licenses of physicians licensed

26  under chapter 458 or chapter 459; physician assistants

27  licensed under chapter 458 or chapter 459; licensed practical

28  nurses, registered nurses, and advanced registered nurse

29  practitioners licensed under chapter 464; respiratory

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

31  medical technicians and paramedics licensed under chapter 401

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  when such practitioners are needed to respond to the public

  2  health emergency. Only those licensees referenced in this

  3  subparagraph who request reactivation and have unencumbered

  4  inactive licenses are eligible for reactivation.  Any inactive

  5  license reactivated pursuant to this subparagraph shall return

  6  to inactive status when the public health emergency ends or

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

  8  Health Officer determines that the health care practitioner is

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

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

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

12  401. If a physician assistant or advanced registered nurse

13  practitioner requests reactivation and volunteers during the

14  declared public health emergency, the county health department

15  medical director, if appropriate, shall serve as the

16  supervising physician for the physician assistant and shall be

17  authorized to delegate acts of medical diagnosis and treatment

18  to the advanced registered nurse practitioner.

19         3.  Notwithstanding any law to the contrary, compelling

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

21  quarantined for communicable diseases that have significant

22  morbidity or mortality and present a severe danger to public

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

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

25  with the Governor.

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

27  by any qualified person authorized by the State Health

28  Officer. Individuals who are unable or unwilling to be

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

30  health, religion, or conscience may be subjected to

31  quarantine.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





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

  2  the State Health Officer may subject the individual to

  3  quarantine. If there is no practicable method to quarantine

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

  5  necessary to vaccinate or treat the individual.

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

  7  effectuate this subparagraph shall be immediately enforceable

  8  by law enforcement.

  9

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

11  request on a volunteer basis during a public health emergency

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

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

14         Section 18.  Section 381.0034, Florida Statutes, is

15  amended to read:

16         381.0034  Requirement for instruction on conditions

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

18  human immunodeficiency virus and acquired immune deficiency

19  syndrome.--

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

21  require each person licensed or certified under chapter 401,

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

23  condition of biennial relicensure, to complete an educational

24  course approved by the department on conditions caused by

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

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

27  transmission, infection control procedures, and clinical

28  management. Such course shall also include information on

29  reporting suspected cases of conditions caused by nuclear,

30  biological, or chemical terrorism to the appropriate health

31  and law enforcement authorities, and prevention of human

                                  20

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  immunodeficiency virus and acquired immune deficiency

  2  syndrome. Such course shall include information on current

  3  Florida law on acquired immune deficiency syndrome and its

  4  impact on testing, confidentiality of test results, and

  5  treatment of patients. Each such licensee or certificateholder

  6  shall submit confirmation of having completed said course, on

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

  8  application for each biennial renewal.

  9         (2)  Failure to complete the requirements of this

10  section shall be grounds for disciplinary action contained in

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

12  discipline by the department, the licensee or

13  certificateholder shall be required to complete the required

14  said course or courses.

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

16  granting a license under the chapters specified in subsection

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

18  licensure complete respective an educational courses course

19  acceptable to the department on conditions caused by nuclear,

20  biological, and chemical terrorism and on human

21  immunodeficiency virus and acquired immune deficiency

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

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

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

25  requirement.

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

27  rules to carry out the provisions of this section.

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

29  certificates subject to the provisions of this section shall

30  be permitted to show proof of having taken one

31  department-approved course on conditions caused by nuclear,

                                  21

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  biological, and chemical terrorism human immunodeficiency

  2  virus and acquired immune deficiency syndrome, for purposes of

  3  relicensure or recertification for the additional licenses.

  4         Section 19.  Section 381.0035, Florida Statutes, is

  5  amended to read:

  6         381.0035  Educational courses course on human

  7  immunodeficiency virus and acquired immune deficiency syndrome

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

  9  terrorism; employees and clients of certain health care

10  facilities.--

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

12  employees and clients of facilities licensed under chapters

13  393, 394, and 397 and employees of facilities licensed under

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

15  complete, biennially, a continuing educational course on the

16  modes of transmission, infection control procedures, clinical

17  management, and prevention of human immunodeficiency virus and

18  acquired immune deficiency syndrome with an emphasis on

19  appropriate behavior and attitude change. Such instruction

20  shall include information on current Florida law and its

21  impact on testing, confidentiality of test results, and

22  treatment of patients and any protocols and procedures

23  applicable to human immunodeficiency counseling and testing,

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

25  partner notification issues pursuant to ss. 381.004 and

26  384.25.

27         (b)  The department shall require all employees of

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

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

30  biennially, a continuing educational course on conditions

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

                                  22

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  course shall consist of education on diagnosis and treatment,

  2  modes of transmission, infection control procedures, and

  3  clinical management. Such course shall also include

  4  information on reporting suspected cases of conditions caused

  5  by nuclear, biological, or chemical terrorism to the

  6  appropriate health and law enforcement authorities.

  7         (2)  New employees of facilities licensed under

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

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

10  immunodeficiency virus and acquired immune deficiency

11  syndrome, with instruction to include information on current

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

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

14  facilities shall also be required to complete a course on

15  conditions caused by nuclear, biological, and chemical

16  terrorism, with instruction to include information on

17  reporting suspected cases to the appropriate health and law

18  enforcement authorities.

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

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

21  maintain a record of employees and dates of attendance at

22  human immunodeficiency virus and acquired immune deficiency

23  syndrome educational courses on human immunodeficiency virus

24  and acquired immune deficiency syndrome and on conditions

25  caused by nuclear, biological, and chemical terrorism.

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

27  the records of each facility to determine compliance with the

28  requirements of this section.  The department may adopt rules

29  to carry out the provisions of this section.

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

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

                                  23

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





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

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

  3  on conditions caused by nuclear, biological, and chemical

  4  terrorism in the immediately preceding biennium.

  5         Section 20.  Section 381.0421, Florida Statutes, is

  6  created to read:

  7         381.0421  Vaccination against meningococcal meningitis

  8  and hepatitis B.--

  9         (1)  A postsecondary educational institution shall

10  provide detailed information concerning the risks associated

11  with meningococcal meningitis and hepatitis B and the

12  availability, effectiveness, and known contraindications of

13  any required or recommended vaccine against meningococcal

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

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

16  has been accepted for admission.

17         (2)  An individual enrolled in a postsecondary

18  educational institution who will be residing in on-campus

19  housing shall provide documentation of vaccinations against

20  meningococcal meningitis and hepatitis B unless the

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

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

23  minor, declines the vaccinations by signing a separate waiver

24  for each of these vaccines provided by the institution

25  acknowledging receipt and review of the information provided.

26         (3)  This section does not require any postsecondary

27  educational institution to provide or pay for vaccinations

28  against meningococcal meningitis or hepatitis B.

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

30  Florida Statutes, is amended to read:

31         395.1027  Regional poison control centers.--

                                  24

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





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

  2  center shall develop a prehospital emergency dispatch protocol

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

  4  geographic area covered by the regional poison control center.

  5  The prehospital emergency dispatch protocol shall be developed

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

  7  designated regional poison control center responsible for the

  8  geographic area in which the licensee operates. The protocol

  9  shall define toxic substances and describe the procedure by

10  which the designated regional poison control center may be

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

12  designated regional poison control center in accordance with

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

14  the designated regional poison control center shall assume

15  responsibility and liability for the call.

16         Section 22.  Section 401.23, Florida Statutes, is

17  amended to read:

18         401.23  Definitions.--As used in this part, the term:

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

20  and techniques described in the most recent United States

21  Department of Transportation National Standard Paramedic

22  Curriculum by a paramedic under the supervision of a

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

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

25  other techniques that have been approved and are performed

26  under conditions specified by rules of the department. The

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

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

29  director to a person experiencing an emergency medical

30  condition as defined in subsection (11) treatment of

31  life-threatening medical emergencies through the use of

                                  25

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  techniques such as endotracheal intubation, the administration

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

  3  and cardiac defibrillation by a qualified person, pursuant to

  4  rules of the department.

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

  6  emergency medical transport or nontransport service which uses

  7  advanced life support techniques.

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

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

10  transportation of sick or injured persons requiring or likely

11  to require medical attention during transport.

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

13  privately owned service, licensed in accordance with the

14  provisions of this part, which operates air ambulances to

15  transport persons requiring or likely to require medical

16  attention during transport.

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

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

19  vehicle that is designed, constructed, reconstructed,

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

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

22  or injured persons requiring or likely to require medical

23  attention during transport.

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

25  requirements of s. 401.281.

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

27  techniques described in the most recent United States

28  Department of Transportation National Standard EMT-Basic

29  Curriculum by an emergency medical technician or paramedic

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

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

                                  26

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  support" also includes other techniques that have been

  2  approved and are performed under conditions specified by rules

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

  4  provision of care by a paramedic or emergency medical

  5  technician under the supervision of a licensee's medical

  6  director to a person experiencing an emergency medical

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

  8  emergencies by a qualified person through the use of

  9  techniques such as patient assessment, cardiopulmonary

10  resuscitation (CPR), splinting, obstetrical assistance,

11  bandaging, administration of oxygen, application of medical

12  antishock trousers, administration of a subcutaneous injection

13  using a premeasured autoinjector of epinephrine to a person

14  suffering an anaphylactic reaction, and other techniques

15  described in the Emergency Medical Technician Basic Training

16  Course Curriculum of the United States Department of

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

18  other techniques which have been approved and are performed

19  under conditions specified by rules of the department.

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

21  medical service which uses only basic life support techniques.

22         (9)  "Certification" means any authorization issued

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

24  medical technician or a paramedic.

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

26         (11)  "Emergency medical condition" means:

27         (a)  A medical condition manifesting itself by acute

28  symptoms of sufficient severity, which may include severe

29  pain, psychiatric disturbances, symptoms of substance abuse,

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

31  medical attention could reasonably be expected to result in

                                  27

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  any of the following:

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

  3  including a pregnant woman or fetus.

  4         2.  Serious impairment to bodily functions.

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

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

  7  evidence of the onset and persistence of uterine contractions

  8  or rupture of the membranes.

  9         (c)  With respect to a person exhibiting acute

10  psychiatric disturbance or substance abuse, that the absence

11  of immediate medical attention could reasonably be expected to

12  result in:

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

14         2.  Serious jeopardy to the health of others.

15         (12)(11)  "Emergency medical technician" means a person

16  who is certified by the department to perform basic life

17  support pursuant to this part.

18         (13)(12)  "Interfacility transfer" means the

19  transportation by ambulance of a patient between two

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

21  400, pursuant to this part.

22         (14)(13)  "Licensee" means any basic life support

23  service, advanced life support service, or air ambulance

24  service licensed pursuant to this part.

25         (15)(14)  "Medical direction" means direct supervision

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

27  such voice communication is unavailable, through established

28  standing orders, pursuant to rules of the department.

29         (16)(15)  "Medical director" means a physician who is

30  employed or contracted by a licensee and who provides medical

31  supervision, including appropriate quality assurance but not

                                  28

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  including administrative and managerial functions, for daily

  2  operations and training pursuant to this part.

  3         (17)(16)  "Mutual aid agreement" means a written

  4  agreement between two or more entities whereby the signing

  5  parties agree to lend aid to one another under conditions

  6  specified in the agreement and as sanctioned by the governing

  7  body of each affected county.

  8         (18)(17)  "Paramedic" means a person who is certified

  9  by the department to perform basic and advanced life support

10  pursuant to this part.

11         (19)(18)  "Permit" means any authorization issued

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

13  life support or advanced life support transport vehicle or an

14  advanced life support nontransport vehicle providing basic or

15  advanced life support.

16         (20)(19)  "Physician" means a practitioner who is

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

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

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

20  prior to or during transportation to a United States

21  Department of Veterans Affairs medical facility, "physician"

22  also means a practitioner employed by the United States

23  Department of Veterans Affairs.

24         (21)(20)  "Registered nurse" means a practitioner who

25  is licensed to practice professional nursing pursuant to part

26  I of chapter 464.

27         (22)(21)  "Secretary" means the Secretary of Health.

28         (23)(22)  "Service location" means any permanent

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

30  conducts business under this part.

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  401.245, Florida Statutes, is amended to read:

  2         401.245  Emergency Medical Services Advisory Council.--

  3         (2)

  4         (b)  Representation on the Emergency Medical Services

  5  Advisory Council shall include:  two licensed physicians who

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

  7  whose medical practice is closely related to emergency medical

  8  services; two emergency medical service administrators, one of

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

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

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

12  fire service; one emergency medical services educator; one

13  emergency nurse; one hospital administrator; one

14  representative of air ambulance services; one representative

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

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

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

18  the advisory council from state agencies shall include, but

19  shall not be limited to, representatives from the Department

20  of Education, the Department of Management Services, the

21  Department of Insurance, the Department of Highway Safety and

22  Motor Vehicles, the Department of Transportation, and the

23  Department of Community Affairs.

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

25  Statutes, is amended to read:

26         401.252  Interfacility transfer.--

27         (1)  A licensed basic or advanced life support

28  ambulance service may conduct interfacility transfers in a

29  permitted ambulance, using a registered nurse or physician

30  assistant in place of an emergency medical technician or

31  paramedic, if:

                                  30

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         (a)  The registered nurse or physician assistant holds

  2  a current certificate of successful course completion in

  3  advanced cardiac life support;

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

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

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

  7  condition appropriate to this type of ambulance staffing; and

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

  9  part I of chapter 464 or the physician assistant operates

10  within the physician assistant's scope of practice under

11  chapter 458 or chapter 459.

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

13  Statutes, is amended to read:

14         401.27  Personnel; standards and certification.--

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

16  procedure for biennial renewal certification of emergency

17  medical technicians. Such rules must require a United States

18  Department of Transportation refresher training program of at

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

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

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

22  offered in multiple presentations spread over the 2-year

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

24  requirement may be satisfied by passing a challenge

25  examination.

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

27  for biennial renewal certification of paramedics.  Such rules

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

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

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

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

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  1  continuing education requirement may be satisfied by passing a

  2  challenge examination.

  3         Section 26.  Section 456.033, Florida Statutes, is

  4  amended to read:

  5         456.033  Requirement for instruction for certain

  6  licensees on conditions caused by nuclear, biological, and

  7  chemical terrorism and on HIV and AIDS.--

  8         (1)  The appropriate board shall require each person

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

10  459; chapter 460; chapter 461; chapter 463; part I of chapter

11  464; chapter 465; chapter 466; part II, part III, part V, or

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

13  educational course, approved by the board, on conditions

14  caused by nuclear, biological, and chemical terrorism human

15  immunodeficiency virus and acquired immune deficiency syndrome

16  as part of biennial relicensure or recertification. The course

17  shall consist of education on diagnosis and treatment, the

18  modes of transmission, infection control procedures, and

19  clinical management. Such course shall also include

20  information on reporting suspected cases of conditions caused

21  by nuclear, biological, or chemical terrorism to the

22  appropriate health and law enforcement authorities, and

23  prevention of human immunodeficiency virus and acquired immune

24  deficiency syndrome. Such course shall include information on

25  current Florida law on acquired immune deficiency syndrome and

26  its impact on testing, confidentiality of test results,

27  treatment of patients, and any protocols and procedures

28  applicable to human immunodeficiency virus counseling and

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

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

31  and 384.25.

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  1         (2)  Each such licensee or certificateholder shall

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

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

  4  biennial renewal.

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

  6  additional equivalent courses that may be used to satisfy the

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

  8  requires a licensee to complete an educational course pursuant

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

10  the course included in the total continuing educational

11  requirements as required by law.

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

13  the provisions of this section shall be permitted to show

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

15  caused by nuclear, biological, and chemical terrorism human

16  immunodeficiency virus and acquired immune deficiency

17  syndrome, for purposes of relicensure or recertification for

18  additional licenses.

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

20  this section shall constitute grounds for disciplinary action

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

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

23  required to complete the required course or courses.

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

25  a license under the chapters and parts specified in subsection

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

27  complete respective an educational courses course acceptable

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

29  chemical terrorism and on human immunodeficiency virus and

30  acquired immune deficiency syndrome. An applicant who has not

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

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

  2  complete this requirement.

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

  4  to carry out the provisions of this section.

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

  6  1 of each year as to the implementation and compliance with

  7  the requirements of this section.

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

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

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

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

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

13  and chemical terrorism in the immediately preceding biennium.

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

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

16  completed an approved AIDS/HIV course in the immediately

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

18  of Dentistry.

19         Section 27.  Section 456.0345, Florida Statutes, is

20  created to read:

21         456.0345  Life support training.--Health care

22  practitioners who obtain training in advanced cardiac life

23  support, cardiopulmonary resuscitation, or emergency first aid

24  shall receive an equivalent number of continuing education

25  course credits which may be applied toward licensure renewal

26  requirements.

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

28  456.072, Florida Statutes, is amended to read:

29         456.072  Grounds for discipline; penalties;

30  enforcement.--

31         (1)  The following acts shall constitute grounds for

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                                                Bill No. CS/HB 507

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

  2  be taken:

  3         (e)  Failing to comply with the educational course

  4  requirements for conditions caused by nuclear, biological, and

  5  chemical terrorism or for human immunodeficiency virus and

  6  acquired immune deficiency syndrome.

  7         Section 29.  Section 456.38, Florida Statutes, is

  8  amended to read:

  9         456.38  Practitioner registry for disasters and

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

11  its application and renewal forms for the licensure or

12  certification of health care practitioners licensed pursuant

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

14  468, as defined in s. 456.001, who could assist the department

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

16  practitioner would be available to provide health care

17  services in special needs shelters or to help staff disaster

18  medical assistance teams during times of emergency or major

19  disaster. The names of practitioners who answer affirmatively

20  shall be maintained by the department as a health care

21  practitioner registry for disasters and emergencies. A health

22  care practitioner who volunteers his or her services in a

23  special needs shelter or as part of a disaster medical

24  assistance team during a time of emergency or disaster shall

25  not be terminated or discriminated against by his or her

26  employer for such volunteer work, provided that the health

27  care practitioner returns to his or her regular employment

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

29  previously approved by the employer in writing.

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

31  Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1         458.319  Renewal of license.--

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

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

  4  care and palliative care in lieu of continuing education in

  5  conditions caused by nuclear, biological, and chemical

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

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

  8  biological, and chemical terrorism in the immediately

  9  preceding biennium.

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

11  Statutes, is amended to read:

12         459.008  Renewal of licenses and certificates.--

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

14  osteopathic physician may complete continuing education on

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

16  education in conditions caused by nuclear, biological, and

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

18  the AIDS/HIV continuing education in conditions caused by

19  nuclear, biological, and chemical terrorism in the immediately

20  preceding biennium.

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

22  765.512, Florida Statutes, are amended to read:

23         765.512  Persons who may make an anatomical gift.--

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

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

26  765.510, the gift to take effect upon death.  An anatomical

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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

  2  anatomical gift from being made.

  3         (2)  If the decedent has executed an agreement

  4  concerning an anatomical gift, by including signing an organ

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

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

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

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

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

10  contrary indications by the decedent, the document is evidence

11  of legally sufficient informed consent to donate an anatomical

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

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

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

15  s. 765.510.

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

17         (a)  Any examination necessary to assure medical

18  acceptability of the gift for the purposes intended.

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

20  third party to furnish medical records requested concerning

21  the decedent's medical and social history.

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

23  Statutes, is amended to read:

24         765.516  Amendment of the terms of or the revocation of

25  the gift.--

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

27  anatomical gift by:

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

29  signed statement.

30         (b)  An oral statement that is:

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

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

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

  3  attorney or to the donee.

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

  5  addressed to an attending physician, who must communicate the

  6  revocation of the gift to the procurement organization that is

  7  certified by the state.

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

  9  person or in the donor's effects.

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

11  Statutes, is amended to read:

12         456.073  Disciplinary proceedings.--Disciplinary

13  proceedings for each board shall be within the jurisdiction of

14  the department.

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

16  judge from the Division of Administrative Hearings shall be

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

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

19  administrative complaint.  The administrative law judge shall

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

21  party raises an issue of disputed fact during an informal

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

23  pursuant to chapter 120 shall be held.

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

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

26  petition or request for a hearing that the department has

27  determined requires a formal hearing before an administrative

28  law judge.

29         Section 35.  The Office of Program Policy Analysis and

30  Government Accountability and the Auditor General shall

31  conduct a joint audit of all hearings and billings therefor

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  1  conducted by the Division of Administrative Hearings for all

  2  state agencies and nonstate agencies and shall present a

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

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

  5  contains findings and recommendations regarding the manner in

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

  7  recommend alternative billing formulas.

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

  9  456.076, Florida Statutes, to read:

10         456.076  Treatment programs for impaired

11  practitioners.--

12         (7)  Each licensee participating in an impaired

13  practitioner program pursuant to this section shall pay a

14  portion of the costs of the consultant and impaired

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

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

17  finds the licensee to be financially unable to pay in

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

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

20  impaired practitioner program and the impaired practitioner.

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

22  contract, unless prior arrangements have been made with the

23  impaired practitioner program.  If the licensee has entered

24  the impaired practitioner program as a result of a

25  disciplinary investigation, such payment shall be included in

26  the final order imposing discipline.  The remaining costs

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

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

29  licensee shall pay the full cost of the approved treatment

30  program or other treatment plan required by the impaired

31  practitioner program, unless private funds are available to

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                                                Bill No. CS/HB 507

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  1  assist with such payment.

  2         Section 37.  Section 456.047, Florida Statutes, is

  3  repealed.

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

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

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

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

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

  9  456.039, Florida Statutes, is amended to read:

10         456.039  Designated health care professionals;

11  information required for licensure.--

12         (4)

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

14  licensure as a health care practitioner who submits to the

15  Department of Health a set of fingerprints or information

16  required for the criminal history check required under this

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

18  fingerprints or other duplicate information required for a

19  criminal history check to the Agency for Health Care

20  Administration, the Department of Juvenile Justice, or the

21  Department of Children and Family Services for employment or

22  licensure with such agency or department if the applicant has

23  undergone a criminal history check as a condition of initial

24  licensure or licensure renewal as a health care practitioner

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

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

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

28  Administration, the Department of Juvenile Justice, and the

29  Department of Children and Family Services shall obtain

30  criminal history information for employment or licensure of

31  health care practitioners by such agency and departments from

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  the Department of Health Health's health care practitioner

  2  credentialing system.

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

  4  456.0391, Florida Statutes, is amended to read:

  5         456.0391  Advanced registered nurse practitioners;

  6  information required for certification.--

  7         (4)

  8         (d)  Any applicant for initial certification or renewal

  9  of certification as an advanced registered nurse practitioner

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

11  and information required for the criminal history check

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

13  subsequent set of fingerprints or other duplicate information

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

15  Care Administration, the Department of Juvenile Justice, or

16  the Department of Children and Family Services for employment

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

18  has undergone a criminal history check as a condition of

19  initial certification or renewal of certification as an

20  advanced registered nurse practitioner with the Department of

21  Health, notwithstanding any other provision of law to the

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

23  Health Care Administration, the Department of Juvenile

24  Justice, and the Department of Children and Family Services

25  shall obtain criminal history information for employment or

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

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

28  care practitioner credentialing system.

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

30  456.072, Florida Statutes, is amended to read:

31         456.072  Grounds for discipline; penalties;

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  enforcement.--

  2         (1)  The following acts shall constitute grounds for

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

  4  be taken:

  5         (v)  Failing to comply with the requirements for

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

  7  failing to provide initial information, failing to timely

  8  provide updated information, or making misleading, untrue,

  9  deceptive, or fraudulent representations on a profile,

10  credentialing, or initial or renewal licensure application.

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

12  Statutes, is amended to read:

13         456.077  Authority to issue citations.--

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

15  shall adopt rules designating violations for which a citation

16  may be issued. Such rules shall designate as citation

17  violations those violations for which there is no substantial

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

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

20  continuing education requirements; failure to timely pay

21  required fees and fines; failure to comply with the

22  requirements of ss. 381.026 and 381.0261 regarding the

23  dissemination of information regarding patient rights; failure

24  to comply with advertising requirements; failure to timely

25  update practitioner profile and credentialing files; failure

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

27  required reference books available; and all other violations

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

29  safety of the patient.

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

31  Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1         458.309  Authority to make rules.--

  2         (3)  All physicians who perform level 2 procedures

  3  lasting more than 5 minutes and all level 3 surgical

  4  procedures in an office setting must register the office with

  5  the department unless that office is licensed as a facility

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

  7  this subsection to be registered must be The department shall

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

  9  accredited by a nationally recognized accrediting agency

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

11  organization subsequently approved by the Board of Medicine by

12  rule.  Each office registered but not accredited as required

13  by this subsection must achieve full and unconditional

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

15  unconditional accreditation as long as procedures described in

16  this subsection that require the office to be registered and

17  accredited are performed.  Accreditation reports shall be

18  submitted to the department. The actual costs for registration

19  and inspection or accreditation shall be paid by the person

20  seeking to register and operate the office setting in which

21  office surgery is performed.  The board may adopt rules

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

23  subsection.

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

25  Statutes, is amended to read:

26         459.005  Rulemaking authority.--

27         (2)  All osteopathic physicians who perform level 2

28  procedures lasting more than 5 minutes and all level 3

29  surgical procedures in an office setting must register the

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

31  facility pursuant to chapter 395.  Each office that is

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  required under this subsection to be registered must be The

  2  department shall inspect the physician's office annually

  3  unless the office is accredited by a nationally recognized

  4  accrediting agency approved by the Board of Medicine or the

  5  Board of Osteopathic Medicine by rule or an accrediting

  6  organization subsequently approved by the Board of Medicine or

  7  the Board of Osteopathic Medicine by rule.  Each office

  8  registered but not accredited as required by this subsection

  9  must achieve full and unconditional accreditation no later

10  than July 1, 2003, and must maintain unconditional

11  accreditation as long as procedures described in this

12  subsection that require the office to be registered and

13  accredited are performed.  Accreditation reports shall be

14  submitted to the department.  The actual costs for

15  registration and inspection or accreditation shall be paid by

16  the person seeking to register and operate the office setting

17  in which office surgery is performed.  The Board of

18  Osteopathic Medicine may adopt rules pursuant to ss.

19  120.536(1) and 120.54 to implement this subsection.

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

21  section 456.004, Florida Statutes, to read:

22         456.004  Department; powers and duties.--The

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

24         (11)  Require objective performance measures for all

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

26  executive directors that reflect the expected quality and

27  quantity of services.

28         (12)  Consider all board requests to use private

29  vendors for particular regulatory functions.  In considering a

30  board request, the department shall conduct an analysis to

31  determine if the function could be appropriately and

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

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

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

  4  particular regulatory function and the board has a positive

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

  6  the service.  The contract shall include objective performance

  7  measures that reflect the expected quality and quantity of the

  8  service and shall include a provision that terminates the

  9  contract if the service falls below expected levels.  For

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

11  defined to include licensure, licensure renewal, examination,

12  complaint analysis, investigation, or prosecution.

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

14  Statutes, is amended to read:

15         456.009  Legal and investigative services.--

16         (1)  The department shall provide board counsel for

17  boards within the department by contracting with the

18  Department of Legal Affairs, by retaining private counsel

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

20  counsel. The primary responsibility of board counsel shall be

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

22  board shall provide for the periodic review and evaluation of

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

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

25  department to implement this chapter, subject to the

26  provisions of s. 456.025. All contracts for independent

27  counsel shall provide for periodic review and evaluation by

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

29  and investigative services shall be reviewed by the department

30  annually to determine if such services are meeting the

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

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                                                Bill No. CS/HB 507

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  1  contracts for legal and investigative services must include

  2  objective performance measures that reflect the expected

  3  quality and quantity of the contracted services.

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

  5  456.011, Florida Statutes, to read:

  6         456.011  Boards; organization; meetings; compensation

  7  and travel expenses.--

  8         (6)  Meetings of board committees, including probable

  9  cause panels, shall be conducted electronically unless held

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

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

12  particular committee meeting is expected to last more than 5

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

14  meeting, the chair of the committee may request special

15  permission from the director of the Division of Medical

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

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

18  committee determines that another location is necessary due to

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

20  director authorizes the additional costs, if any.

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

22  456.026, Florida Statutes, to read:

23         456.026  Annual report concerning finances,

24  administrative complaints, disciplinary actions, and

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

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

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

28  addition to finances and any other information the Legislature

29  may require, the report shall include statistics and relevant

30  information, profession by profession, detailing:

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

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  1  boards, and contracted entities required by the department to

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

  3  description of any effort to improve the performance of such

  4  services.

  5         Section 49.  Section 458.3093, Florida Statutes, is

  6  created to read:

  7         458.3093  Licensure credentials verification.--All

  8  applicants for initial physician licensure pursuant to this

  9  chapter must submit their credentials to the Federation of

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

11  and the department shall only consider applications for

12  initial physician licensure pursuant to this chapter that have

13  been verified by the Federation of State Medical Boards

14  Credentials Verification Service or an equivalent program

15  approved by the board.

16         Section 50.  Section 459.0053, Florida Statutes, is

17  created to read:

18         459.0053  Licensure credentials verification.--All

19  applicants for initial osteopathic physician licensure

20  pursuant to this chapter must submit their credentials to the

21  Federation of State Medical Boards.  Effective January 1,

22  2003, the board and the department shall only consider

23  applications for initial osteopathic physician licensure

24  pursuant to this chapter that have been verified by the

25  Federation of State Medical Boards Credentials Verification

26  Service, the American Osteopathic Association, or an

27  equivalent program approved by the board.

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

29  458.331, Florida Statutes, is amended to read:

30         458.331  Grounds for disciplinary action; action by the

31  board and department.--

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  1         (1)  The following acts constitute grounds for denial

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

  3  456.072(2):

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

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

  6  treatment which is recognized by a reasonably prudent similar

  7  physician as being acceptable under similar conditions and

  8  circumstances.  The board shall give great weight to the

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

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

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

12  malpractice within the previous 5-year period resulting in

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

14  the claimant in a judgment or settlement and which incidents

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

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

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

18  is recognized by a reasonably prudent similar physician as

19  being acceptable under similar conditions and circumstances,"

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

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

22  construed to require that a physician be incompetent to

23  practice medicine in order to be disciplined pursuant to this

24  paragraph.

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

26  459.015, Florida Statutes, is amended to read:

27         459.015  Grounds for disciplinary action; action by the

28  board and department.--

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         (x)  Gross or repeated malpractice or the failure to

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

  3  and treatment which is recognized by a reasonably prudent

  4  similar osteopathic physician as being acceptable under

  5  similar conditions and circumstances. The board shall give

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

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

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

  9  claims for medical malpractice within the previous 5-year

10  period resulting in indemnities being paid in excess of

11  $50,000 $25,000 each to the claimant in a judgment or

12  settlement and which incidents involved negligent conduct by

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

14  malpractice" or "the failure to practice osteopathic medicine

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

16  recognized by a reasonably prudent similar osteopathic

17  physician as being acceptable under similar conditions and

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

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

20  shall be construed to require that an osteopathic physician be

21  incompetent to practice osteopathic medicine in order to be

22  disciplined pursuant to this paragraph.  A recommended order

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

24  finding a violation under this paragraph shall specify whether

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

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

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

28  is recognized as being acceptable under similar conditions and

29  circumstances," or any combination thereof, and any

30  publication by the board shall so specify.

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

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  1  Statutes, is amended to read:

  2         627.912  Professional liability claims and actions;

  3  reports by insurers.--

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

  5  each insurer or joint underwriting association providing

  6  professional liability insurance to a practitioner of medicine

  7  licensed under chapter 458, to a practitioner of osteopathic

  8  medicine licensed under chapter 459, to a podiatric physician

  9  licensed under chapter 461, to a dentist licensed under

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

11  crisis stabilization unit licensed under part IV of chapter

12  394, to a health maintenance organization certificated under

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

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

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

16  Department of Insurance any claim or action for damages for

17  personal injuries claimed to have been caused by error,

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

19  professional services or based on a claimed performance of

20  professional services without consent, if the claim resulted

21  in:

22         (a)  A final judgment in any amount.

23         (b)  A settlement in any amount.

24

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

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

27  459, or chapter 461, or chapter 466, with the Department of

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

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

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

31  466 and the final judgment or settlement was in an amount

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

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

  3  days following the occurrence of any event listed in this

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

  5  Health shall review each report and determine whether any of

  6  the incidents that resulted in the claim potentially involved

  7  conduct by the licensee that is subject to disciplinary

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

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

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

11  without identifying licensees, on the reports it receives,

12  including final action taken on such reports by the Department

13  of Health or the appropriate regulatory board.

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

15  section 456.073, Florida Statutes, to read:

16         456.073  Disciplinary proceedings.--Disciplinary

17  proceedings for each board shall be within the jurisdiction of

18  the department.

19         (14)  When the probable cause panel determines that

20  probable cause exists that a violation of law occurred but

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

22  probable cause as a result of mitigating circumstances, the

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

24  of the costs of the investigation and prosecution of the case

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

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

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

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

29  administrative complaint against the subject based on the

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

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

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

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

  3  considered a final order of discipline.

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

  5  shall be closed within 14 days following the probable cause

  6  panel meeting at which such determination was made.  The

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

  8  subject within 14 days after such probable cause panel

  9  meeting.

10         Section 55.  The Office of Program Policy Analysis and

11  Governmental Accountability shall review the investigative

12  field office structure and organization of the Agency for

13  Health Care Administration to determine the feasibility of

14  eliminating all or some field offices, the feasibility of

15  combining field offices, and the feasibility of requiring

16  field inspectors and investigators to telecommute from home in

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

18  agency programs that have field offices, including health

19  practitioner regulation even if health practitioner regulation

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

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

22  Senate and the Speaker of the House of Representatives no

23  later than January 1, 2003.

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

25  Statutes, is amended to read:

26         456.025  Fees; receipts; disposition.--

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

28  of regulating health care professions and practitioners shall

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

30  also the intent of the Legislature that fees should be

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

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  1  it is the intent of the Legislature that the department

  2  operate as efficiently as possible and regularly report to the

  3  Legislature additional methods to streamline operational

  4  costs. Therefore, the boards in consultation with the

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

  6  rule, set renewal fees which:

  7         (a)  Shall be based on revenue projections prepared

  8  using generally accepted accounting procedures;

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

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

11  plan, as required by s. 456.005;

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

13  barrier to licensure;

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

15  under the scope of the license;

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

17  licensure types; and

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

19  fee imposed for the previous biennium;

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

21  actual cost to regulate that profession for the previous

22  biennium; and

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

24  chapter 120.

25         Section 57.  Section 456.0165, Florida Statutes, is

26  created to read:

27         456.0165  Examination location.--A college, university,

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

29  school for a health care practitioner licensure examination.

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

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

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

  2  or vocational school may only charge the department the actual

  3  cost of nonreusable supplies provided by the school at the

  4  request of the department.

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

  6  licensure renewal fees for professions within the Division of

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

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

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

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

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

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

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

14  regulate that profession, whichever is less.

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

16  Statutes, is amended to read:

17         468.301  Definitions.--As used in this part, the term:

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

19  by a licensed practitioner who assumes legal liability for the

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

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

22  Supervision requires the physical presence of the licensed

23  practitioner for consultation and direction of the actions of

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

25  operator-podiatric medicine.

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

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

28  Statutes, are amended to read:

29         468.302  Use of radiation; identification of certified

30  persons; limitations; exceptions.--

31         (3)

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

  2  medicine technologist may only:

  3         1.  Conduct in vivo and in vitro measurements of

  4  radioactivity and administer radiopharmaceuticals to human

  5  beings for diagnostic and therapeutic purposes.

  6         2.  Administer X radiation from a combination nuclear

  7  medicine-computed tomography device if that radiation is

  8  administered as an integral part of a nuclear medicine

  9  procedure that uses an automated computed tomography protocol

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

11  combination device.

12

13  However, the authority of a nuclear medicine technologist

14  under this paragraph excludes radioimmunoassay and other

15  clinical laboratory testing regulated pursuant to chapter 483.

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

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

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

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

20  cardiopulmonary technologist with active certification as a

21  registered cardiovascular invasive specialist from a

22  nationally recognized credentialing organization, or future

23  equivalent should such credentialing be subsequently modified,

24  each of whom is trained and skilled in invasive cardiovascular

25  cardiopulmonary technology, including the radiologic

26  technology duties associated with such procedures, and who

27  provides invasive cardiovascular cardiopulmonary technology

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

29  of a licensed practitioner. A person requesting this exemption

30  must have successfully completed a didactic and clinical

31  training program in the following areas before performing

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  1  radiologic technology duties under the direct supervision of a

  2  licensed practitioner:

  3         1.  Principles of X-ray production and equipment

  4  operation.

  5         2.  Biological effects of radiation.

  6         3.  Radiation exposure and monitoring.

  7         4.  Radiation safety and protection.

  8         5.  Evaluation of radiographic equipment and

  9  accessories.

10         6.  Radiographic exposure and technique factors.

11         7.  Film processing.

12         8.  Image quality assurance.

13         9.  Patient positioning.

14         10.  Administration and complications of contrast

15  media.

16         11.  Specific fluoroscopic and digital X-ray imaging

17  procedures related to invasive cardiovascular technology.

18         Section 61.  Section 468.352, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

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

22         468.352  Definitions.--As used in this part the term:

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

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

25  licensed pursuant to this part who is certified by the

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

27  employed to deliver respiratory care services, under the order

28  of a physician licensed pursuant to chapter 458 or chapter

29  459, in accordance with protocols established by a hospital or

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

31  situations of unsupervised patient contact requiring

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  1  individual judgment.

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

  3  any setting involving a life-threatening emergency.

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

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

  6  direction of a licensed, registered, or certified respiratory

  7  therapist who is physically on the premises and readily

  8  available, as defined by the board.

  9         (6)  "Physician supervision" means supervision and

10  control by a physician licensed under chapter 458 or chapter

11  459 who assumes the legal liability for the services rendered

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

13  case of an emergency, physician supervision requires the easy

14  availability of the physician within the office or the

15  physical presence of the physician for consultation and

16  direction of the actions of the persons who deliver

17  respiratory care services.

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

19  therapy" means the allied health specialty associated with the

20  cardiopulmonary system that is practiced under the orders of a

21  physician licensed under chapter 458 or chapter 459 and in

22  accordance with protocols, policies, and procedures

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

24  board, including the assessment, diagnostic evaluation,

25  treatment, management, control, rehabilitation, education, and

26  care of patients.

27         (8)  "Registered respiratory therapist" means any

28  person licensed under this part who is registered by the

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

30  is employed to deliver respiratory care services under the

31  order of a physician licensed under chapter 458 or chapter

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  1  459, in accordance with protocols established by a hospital or

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

  3  situations of unsupervised patient contact requiring

  4  individual judgment.

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

  6  licensed under this part who is employed to deliver

  7  respiratory care services, under direct supervision, pursuant

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

  9  chapter 459.

10         (10)  "Respiratory care services" includes:

11         (a)  Evaluation and disease management.

12         (b)  Diagnostic and therapeutic use of respiratory

13  equipment, devices, or medical gas.

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

15  prescribed by a physician licensed under chapter 458 or

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

17  procedures established by a hospital or other health care

18  provider or the board.

19         (d)  Initiation, management, and maintenance of

20  equipment to assist and support ventilation and respiration.

21         (e)  Diagnostic procedures, research, and therapeutic

22  treatment and procedures, including measurement of ventilatory

23  volumes, pressures, and flows; specimen collection and

24  analysis of blood for gas transport and acid/base

25  determinations; pulmonary-function testing; and other related

26  physiological monitoring of cardiopulmonary systems.

27         (f)  Cardiopulmonary rehabilitation.

28         (g)  Cardiopulmonary resuscitation, advanced cardiac

29  life support, neonatal resuscitation, and pediatric advanced

30  life support, or equivalent functions.

31         (h)  Insertion and maintenance of artificial airways

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  1  and intravascular catheters.

  2         (i)  Performing sleep-disorder studies.

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

  4  other health care providers, including disease process and

  5  management programs and smoking prevention and cessation

  6  programs.

  7         (k)  Initiation and management of hyperbaric oxygen.

  8         Section 62.  Section 468.355, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section. See

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

12         468.355  Licensure requirements.--To be eligible for

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

14  "Certified Respiratory Therapist" or be registered as a

15  "Registered Respiratory Therapist" by the National Board for

16  Respiratory Care, or its successor.

17         Section 63.  Section 468.368, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

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

21         468.368  Exemptions.--This part may not be construed to

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

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

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

25  she is licensed.

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

27  another state or territory who is employed by the United

28  States Government or any agency thereof while such person is

29  discharging his or her official duties.

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

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

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  1  represent himself or herself to be a respiratory care

  2  practitioner or respiratory therapist.

  3         (4)  An individual providing respiratory care services

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

  5  respiratory care practitioner or respiratory therapist.

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

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

  8  physician licensed pursuant to chapter 458 or chapter 459.

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

10  respiratory care without a license.

11         (6)  Any individual credentialed by the Board of

12  Registered Polysomnographic Technologists, as a registered

13  polysomnographic technologist, as related to the diagnosis and

14  evaluation of treatment for sleep disorders.

15         (7)  Any individual certified or registered as a

16  pulmonary function technologist who is credentialed by the

17  National Board for Respiratory Care from performing

18  cardiopulmonary diagnostic studies.

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

20  respiratory care program approved by the board, while

21  performing respiratory care as an integral part of a required

22  course.

23         (9)  The delivery of incidental respiratory care to

24  noninstitutionalized persons by surrogate family members who

25  do not represent themselves as registered or certified

26  respiratory care therapists.

27         (10)  Any individual credentialed by the Underseas

28  Hyperbaric Society in hyperbaric medicine or its equivalent as

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

30  subsection does not, however, authorize the practice of

31  respiratory care without a license.

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  1         Section 64.  Sections 468.356 and 468.357, Florida

  2  Statutes, are repealed.

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

  4  forms for initial licensure and licensure renewal for the

  5  professions regulated by the Department of Health, Division of

  6  Medical Quality Assurance, shall be submitted electronically

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

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

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

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

11  license only if the licensee provides satisfactory evidence

12  that all conditions and requirements of licensure or renewal

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

14  required fees, the completion of required continuing education

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

16  responsibility.  This section shall not be construed to reduce

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

18  Statutes, or the applicable practice act.

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

20  investment, to increase the efficiency and timeliness of the

21  conversion, and to promote fiscal responsibility during the

22  transition to electronic licensure, the Department of Health

23  shall redirect its current resources and contracts which

24  support the existing practitioner credentialing system towards

25  the development and operation of an electronic licensure and

26  licensure renewal system effective upon this bill becoming

27  law.

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

29  1 thereafter, the fee caps established in the following

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

31  457.107, 458.313, 458.3135, 458.3145, 458.317, 458.319,

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                                                Bill No. CS/HB 507

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  1  458.347, 459.0092, 459.022, 460.406, 460.407, 460.4165,

  2  460.4166, 461.006, 461.007, 462.16, 462.19, 463.0057, 463.006,

  3  463.007, 464.008, 464.009, 464.012, 464.019, 465.007,

  4  465.0075, 465.008, 465.0125, 465.0126, 465.022, 465.0276,

  5  466.006, 466.007, 466.008, 466.013, 466.032, 467.0125,

  6  467.0135, 468.1145, 468.1695, 468.1705, 468.1715, 468.1735,

  7  468.221, 468.364, 468.508, 468.709, 468.803, 468.806, 478.55,

  8  480.043, 480.044, 483.807, 483.901, 484.002, 484.007, 484.008,

  9  484.009, 484.0447, 486.041, 486.061, 486.081, 486.085,

10  486.103, 486.106, 486.107, 486.108, 490.005, 490.0051,

11  490.007, 491.0045, 491.0046, 491.005, 491.007, 491.008,

12  491.0085, and 491.0145, Florida Statutes.

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

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

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

16  nearest dollar.

17         Section 67.  Sections 381.0602, 381.6021, 381.6022,

18  381.6023, 381.6024, and 381.6026, Florida Statutes, are

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

20  765.545, and 765.547, Florida Statutes, respectively.

21         Section 68.  Section 381.60225, Florida Statutes, is

22  renumbered as section 765.543, Florida Statutes, and

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

24         765.543 381.60225  Background screening.--

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

26  eye bank certified by the Agency for Health Care

27  Administration in accordance with ss. 381.6021 and 765.542

28  381.6022 is not subject to the requirements of this section if

29  the entity has no direct patient care responsibilities and

30  does not bill patients or insurers directly for services under

31  the Medicare or Medicaid programs, or for privately insured

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  services.

  2         Section 69.  Section 381.6025, Florida Statutes, is

  3  renumbered as section 765.546, Florida Statutes, and amended

  4  to read:

  5         765.546 381.6025  Physician supervision of cadaveric

  6  organ and tissue procurement coordinators.--Organ procurement

  7  organizations, tissue banks, and eye banks may employ

  8  coordinators, who are registered nurses, physician's

  9  assistants, or other medically trained personnel who meet the

10  relevant standards for organ procurement organizations, tissue

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

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

13  medical management of organ donors or in the surgical

14  procurement of cadaveric organs, tissues, or eyes for

15  transplantation or research. A coordinator who assists in the

16  medical management of organ donors or in the surgical

17  procurement of cadaveric organs, tissues, or eyes for

18  transplantation or research must do so under the direction and

19  supervision of a licensed physician medical director pursuant

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

21  Care Administration. With the exception of organ procurement

22  surgery, this supervision may be indirect supervision. For

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

24  means that the medical director is responsible for the medical

25  actions of the coordinator, that the coordinator is operating

26  under protocols expressly approved by the medical director,

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

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

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

30  tissue, and eye donation and procurement. Although indirect

31  supervision is authorized under this section, direct physician

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  supervision is to be encouraged when appropriate.

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

  3  Florida Statutes, is amended to read:

  4         395.2050  Routine inquiry for organ and tissue

  5  donation; certification for procurement activities.--

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

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

  8  comply with the certification requirements of ss.

  9  765.541-765.547 381.6021-381.6026.

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

11  409.815, Florida Statutes, is amended to read:

12         409.815  Health benefits coverage; limitations.--

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

14  coverage to qualify for premium assistance payments for an

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

16  coverage, except for coverage under Medicaid and Medikids,

17  must include the following minimum benefits, as medically

18  necessary.

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

20  include pretransplant, transplant, and postdischarge services

21  and treatment of complications after transplantation for

22  transplants deemed necessary and appropriate within the

23  guidelines set by the Organ Transplant Advisory Council under

24  s. 765.53 381.0602 or the Bone Marrow Transplant Advisory

25  Panel under s. 627.4236.

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

27  Florida Statutes, is amended to read:

28         765.5216  Organ and tissue donor education panel.--

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

30  Administration a statewide organ and tissue donor education

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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

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

  3  Tissue Procurement and Transplantation Advisory Board

  4  established in s. 765.544 381.6023 shall jointly develop,

  5  subject to the approval of the Agency for Health Care

  6  Administration, education initiatives pursuant to s. 732.9215,

  7  which the agency shall implement.  The membership must be

  8  balanced with respect to gender, ethnicity, and other

  9  demographic characteristics so that the appointees reflect the

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

11  must include:

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

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

14         (b)  A representative from a Florida licensed organ

15  procurement organization.

16         (c)  A representative from a Florida licensed tissue

17  bank.

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

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

20         (f)  A representative from the Division of Driver

21  Licenses of the Department of Highway Safety and Motor

22  Vehicles, who possesses experience and knowledge in dealing

23  with the public.

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

25  tissue, or eye donor.

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

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

28  recipient.

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

30  defined in s. 381.81.

31         (j)  A representative from a professional association

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  or public relations or advertising organization.

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

  3  organization.

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

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

  6  Statutes, is amended to read:

  7         765.522  Duty of certain hospital administrators;

  8  liability of hospital administrators, organ procurement

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

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

11  against any organ procurement organization, eye bank, or

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

13  any hospital or hospital administrator or designee, when

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

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

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

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

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

19         Section 74.  Subject to the availability of funds and

20  subject to any limitations or directions provided for in the

21  General Appropriations Act or chapter 216, Florida Statutes,

22  the Medicaid program of the Agency for Health Care

23  Administration shall pay for medically necessary lung

24  transplant services for Medicaid recipients.

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

26  Statutes, is amended to read:

27         409.915  County contributions to Medicaid.--Although

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  service as provided in this section.

  2         (1)  Each county shall participate in the following

  3  items of care and service:

  4         (a)  For both health maintenance members and

  5  fee-for-service beneficiaries, payments for inpatient

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

  7  days, with the exception of payments for:

  8         1.  Pregnant women and children whose income is in

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

10  in the Medicaid medically needy program.

11         2.  Adult lung transplant services.

12         (b)  Payments for nursing home or intermediate

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

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

15         Section 76.  Effective upon becoming law and applicable

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

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

18  Florida Statutes, to read:

19         456.074  Certain health care practitioners; immediate

20  suspension of license.--

21         (4)  Upon receipt of information that a

22  Florida-licensed health care practitioner has defaulted on a

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

24  Government, the department shall notify the licensee by

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

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

27  mailing, the licensee provides proof that new payment terms

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

29  department shall issue an emergency order suspending the

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  proof.  Production of such proof shall not prohibit the

  2  department from proceeding with disciplinary action against

  3  the licensee pursuant to s. 456.073.

  4         Section 77.  Effective upon becoming law and applicable

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

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

  7  456.072, Florida Statutes, is amended, and subsection (2) of

  8  said section is reenacted, to read:

  9         456.072  Grounds for discipline; penalties;

10  enforcement.--

11         (1)  The following acts shall constitute grounds for

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

13  be taken:

14         (k)  Failing to perform any statutory or legal

15  obligation placed upon a licensee.  For purposes of this

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

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

18  terms of the loan or failing to comply with service

19  scholarship obligations shall be considered a failure to

20  perform a statutory or legal obligation, and the minimum

21  disciplinary action imposed shall be a suspension of the

22  license until new payment terms are agreed upon or the

23  scholarship obligation is resumed, followed by probation for

24  the duration of the student loan or remaining scholarship

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

26  defaulted loan amount.  Fines collected shall be deposited

27  into the Medical Quality Assurance Trust Fund.

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

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

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

31  practice act, including conduct constituting a substantial

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





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

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

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

  4  penalties:

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

  6  restrictions, an application for a license.

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

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

  9  not limited to, restricting the licensee from practicing in

10  certain settings, restricting the licensee to work only under

11  designated conditions or in certain settings, restricting the

12  licensee from performing or providing designated clinical and

13  administrative services, restricting the licensee from

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

15  other restriction found to be necessary for the protection of

16  the public health, safety, and welfare.

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

18  $10,000 for each count or separate offense. If the violation

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

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

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

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

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

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

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

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

27  licensee to undergo treatment, attend continuing education

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

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

30  tailored to the violations found.

31         (g)  Corrective action.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1         (h)  Imposition of an administrative fine in accordance

  2  with s. 381.0261 for violations regarding patient rights.

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

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

  5         (j)  Requirement that the practitioner undergo remedial

  6  education.

  7

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

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

10  sanctions are necessary to protect the public or to compensate

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

12  the disciplining authority consider and include in the order

13  requirements designed to rehabilitate the practitioner. All

14  costs associated with compliance with orders issued under this

15  subsection are the obligation of the practitioner.

16         Section 78.  The Department of Health shall obtain from

17  the United States Department of Health and Human Services

18  information necessary to investigate and prosecute health care

19  practitioners for failing to repay a student loan or comply

20  with scholarship service obligations pursuant to s.

21  456.072(1)(k), Florida Statutes.  The department shall obtain

22  from the United States Department of Health and Human Services

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

24  with the information necessary to investigate a complaint in

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

26  may obtain evidence to support the investigation and

27  prosecution from any financial institution or educational

28  institution involved in providing the loan or education to the

29  practitioner.  The department shall report to the Legislature

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

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  the results of the department's investigations and

  2  prosecutions, and the amount of fines collected from

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

  4  Florida Statutes.

  5         Section 79.  Section 456.026, Florida Statutes, is

  6  reenacted to read:

  7         456.026  Annual report concerning finances,

  8  administrative complaints, disciplinary actions, and

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

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

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

12  addition to finances and any other information the Legislature

13  may require, the report shall include statistics and relevant

14  information, profession by profession, detailing:

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

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

17         (2)  The number of complaints received and

18  investigated.

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

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

21         (5)  The number of administrative complaints filed.

22         (6)  The disposition of all administrative complaints.

23         (7)  A description of disciplinary actions taken.

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

25  reduce or otherwise close any investigation or disciplinary

26  proceeding not before the Division of Administrative Hearings

27  under chapter 120 or otherwise not completed within 1 year

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

29         (9)  The status of the development and implementation

30  of rules providing for disciplinary guidelines pursuant to s.

31  456.079.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         (10)  Such recommendations for administrative and

  2  statutory changes necessary to facilitate efficient and

  3  cost-effective operation of the department and the various

  4  boards.

  5         Section 80.  Section 456.073, Florida Statutes, is

  6  reenacted to read:

  7         456.073  Disciplinary proceedings.--Disciplinary

  8  proceedings for each board shall be within the jurisdiction of

  9  the department.

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

11  jurisdiction, shall cause to be investigated any complaint

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

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

14  legally sufficient if it contains ultimate facts that show

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

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

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

18  the department has occurred. In order to determine legal

19  sufficiency, the department may require supporting information

20  or documentation. The department may investigate, and the

21  department or the appropriate board may take appropriate final

22  action on, a complaint even though the original complainant

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

24  complaint to be investigated or prosecuted to completion. The

25  department may investigate an anonymous complaint if the

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

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

28  department has reason to believe, after preliminary inquiry,

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

30  department may investigate a complaint made by a confidential

31  informant if the complaint is legally sufficient, if the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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

  2  department has reason to believe, after preliminary inquiry,

  3  that the allegations of the complainant are true. The

  4  department may initiate an investigation if it has reasonable

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

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

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

  8  459.015(9), 460.413(5), and 461.013(6), when an investigation

  9  of any subject is undertaken, the department shall promptly

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

11  complaint or document that resulted in the initiation of the

12  investigation. The subject may submit a written response to

13  the information contained in such complaint or document within

14  20 days after service to the subject of the complaint or

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

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

17  prohibit the issuance of a summary emergency order if

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

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

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

21  writing that such notification would be detrimental to the

22  investigation, the department may withhold notification. The

23  department may conduct an investigation without notification

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

25  offense.

26         (2)  The department shall allocate sufficient and

27  adequately trained staff to expeditiously and thoroughly

28  determine legal sufficiency and investigate all legally

29  sufficient complaints. For purposes of this section, it is the

30  intent of the Legislature that the term "expeditiously" means

31  that the department complete the report of its initial

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  investigative findings and recommendations concerning the

  2  existence of probable cause within 6 months after its receipt

  3  of the complaint. The failure of the department, for

  4  disciplinary cases under its jurisdiction, to comply with the

  5  time limits of this section while investigating a complaint

  6  against a licensee constitutes harmless error in any

  7  subsequent disciplinary action unless a court finds that

  8  either the fairness of the proceeding or the correctness of

  9  the action may have been impaired by a material error in

10  procedure or a failure to follow prescribed procedure. When

11  its investigation is complete and legally sufficient, the

12  department shall prepare and submit to the probable cause

13  panel of the appropriate regulatory board the investigative

14  report of the department. The report shall contain the

15  investigative findings and the recommendations of the

16  department concerning the existence of probable cause. The

17  department shall not recommend a letter of guidance in lieu of

18  finding probable cause if the subject has already been issued

19  a letter of guidance for a related offense. At any time after

20  legal sufficiency is found, the department may dismiss any

21  case, or any part thereof, if the department determines that

22  there is insufficient evidence to support the prosecution of

23  allegations contained therein. The department shall provide a

24  detailed report to the appropriate probable cause panel prior

25  to dismissal of any case or part thereof, and to the subject

26  of the complaint after dismissal of any case or part thereof,

27  under this section. For cases dismissed prior to a finding of

28  probable cause, such report is confidential and exempt from s.

29  119.07(1). The probable cause panel shall have access, upon

30  request, to the investigative files pertaining to a case prior

31  to dismissal of such case. If the department dismisses a case,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  the probable cause panel may retain independent legal counsel,

  2  employ investigators, and continue the investigation and

  3  prosecution of the case as it deems necessary.

  4         (3)  As an alternative to the provisions of subsections

  5  (1) and (2), when a complaint is received, the department may

  6  provide a licensee with a notice of noncompliance for an

  7  initial offense of a minor violation. Each board, or the

  8  department if there is no board, shall establish by rule those

  9  minor violations under this provision which do not endanger

10  the public health, safety, and welfare and which do not

11  demonstrate a serious inability to practice the profession.

12  Failure of a licensee to take action in correcting the

13  violation within 15 days after notice may result in the

14  institution of regular disciplinary proceedings.

15         (4)  The determination as to whether probable cause

16  exists shall be made by majority vote of a probable cause

17  panel of the board, or by the department, as appropriate. Each

18  regulatory board shall provide by rule that the determination

19  of probable cause shall be made by a panel of its members or

20  by the department. Each board may provide by rule for multiple

21  probable cause panels composed of at least two members. Each

22  board may provide by rule that one or more members of the

23  panel or panels may be a former board member. The length of

24  term or repetition of service of any such former board member

25  on a probable cause panel may vary according to the direction

26  of the board when authorized by board rule. Any probable cause

27  panel must include one of the board's former or present

28  consumer members, if one is available, is willing to serve,

29  and is authorized to do so by the board chair. Any probable

30  cause panel must include a present board member. Any probable

31  cause panel must include a former or present professional

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  board member. However, any former professional board member

  2  serving on the probable cause panel must hold an active valid

  3  license for that profession. All proceedings of the panel are

  4  exempt from s. 286.011 until 10 days after probable cause has

  5  been found to exist by the panel or until the subject of the

  6  investigation waives his or her privilege of confidentiality.

  7  The probable cause panel may make a reasonable request, and

  8  upon such request the department shall provide such additional

  9  investigative information as is necessary to the determination

10  of probable cause. A request for additional investigative

11  information shall be made within 15 days from the date of

12  receipt by the probable cause panel of the investigative

13  report of the department or the agency. The probable cause

14  panel or the department, as may be appropriate, shall make its

15  determination of probable cause within 30 days after receipt

16  by it of the final investigative report of the department. The

17  secretary may grant extensions of the 15-day and the 30-day

18  time limits. In lieu of a finding of probable cause, the

19  probable cause panel, or the department if there is no board,

20  may issue a letter of guidance to the subject. If, within the

21  30-day time limit, as may be extended, the probable cause

22  panel does not make a determination regarding the existence of

23  probable cause or does not issue a letter of guidance in lieu

24  of a finding of probable cause, the department must make a

25  determination regarding the existence of probable cause within

26  10 days after the expiration of the time limit.  If the

27  probable cause panel finds that probable cause exists, it

28  shall direct the department to file a formal complaint against

29  the licensee. The department shall follow the directions of

30  the probable cause panel regarding the filing of a formal

31  complaint. If directed to do so, the department shall file a

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  1  formal complaint against the subject of the investigation and

  2  prosecute that complaint pursuant to chapter 120. However, the

  3  department may decide not to prosecute the complaint if it

  4  finds that probable cause has been improvidently found by the

  5  panel. In such cases, the department shall refer the matter to

  6  the board. The board may then file a formal complaint and

  7  prosecute the complaint pursuant to chapter 120. The

  8  department shall also refer to the board any investigation or

  9  disciplinary proceeding not before the Division of

10  Administrative Hearings pursuant to chapter 120 or otherwise

11  completed by the department within 1 year after the filing of

12  a complaint. The department, for disciplinary cases under its

13  jurisdiction, must establish a uniform reporting system to

14  quarterly refer to each board the status of any investigation

15  or disciplinary proceeding that is not before the Division of

16  Administrative Hearings or otherwise completed by the

17  department within 1 year after the filing of the complaint.

18  Annually, the department, in consultation with the applicable

19  probable cause panel, must establish a plan to expedite or

20  otherwise close any investigation or disciplinary proceeding

21  that is not before the Division of Administrative Hearings or

22  otherwise completed by the department within 1 year after the

23  filing of the complaint.  A probable cause panel or a board

24  may retain independent legal counsel, employ investigators,

25  and continue the investigation as it deems necessary; all

26  costs thereof shall be paid from a trust fund used by the

27  department to implement this chapter. All proceedings of the

28  probable cause panel are exempt from s. 120.525.

29         (5)  A formal hearing before an administrative law

30  judge from the Division of Administrative Hearings shall be

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

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  1  of material fact. The administrative law judge shall issue a

  2  recommended order pursuant to chapter 120. If any party raises

  3  an issue of disputed fact during an informal hearing, the

  4  hearing shall be terminated and a formal hearing pursuant to

  5  chapter 120 shall be held.

  6         (6)  The appropriate board, with those members of the

  7  panel, if any, who reviewed the investigation pursuant to

  8  subsection (4) being excused, or the department when there is

  9  no board, shall determine and issue the final order in each

10  disciplinary case. Such order shall constitute final agency

11  action. Any consent order or agreed-upon settlement shall be

12  subject to the approval of the department.

13         (7)  The department shall have standing to seek

14  judicial review of any final order of the board, pursuant to

15  s. 120.68.

16         (8)  Any proceeding for the purpose of summary

17  suspension of a license, or for the restriction of the

18  license, of a licensee pursuant to s. 120.60(6) shall be

19  conducted by the secretary of the Department of Health or his

20  or her designee, as appropriate, who shall issue the final

21  summary order.

22         (9)(a)  The department shall periodically notify the

23  person who filed the complaint, as well as the patient or the

24  patient's legal representative, of the status of the

25  investigation, indicating whether probable cause has been

26  found and the status of any civil action or administrative

27  proceeding or appeal.

28         (b)  In any disciplinary case for which probable cause

29  has been found, the department shall provide to the person who

30  filed the complaint a copy of the administrative complaint

31  and:

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  1         1.  A written explanation of how an administrative

  2  complaint is resolved by the disciplinary process.

  3         2.  A written explanation of how and when the person

  4  may participate in the disciplinary process.

  5         3.  A written notice of any hearing before the Division

  6  of Administrative Hearings or the regulatory board at which

  7  final agency action may be taken.

  8         (c)  In any disciplinary case for which probable cause

  9  is not found, the department shall so inform the person who

10  filed the complaint and notify that person that he or she may,

11  within 60 days, provide any additional information to the

12  department which may be relevant to the decision. To

13  facilitate the provision of additional information, the person

14  who filed the complaint may receive, upon request, a copy of

15  the department's expert report that supported the

16  recommendation for closure, if such a report was relied upon

17  by the department. In no way does this require the department

18  to procure an expert opinion or report if none was used.

19  Additionally, the identity of the expert shall remain

20  confidential. In any administrative proceeding under s.

21  120.57, the person who filed the disciplinary complaint shall

22  have the right to present oral or written communication

23  relating to the alleged disciplinary violations or to the

24  appropriate penalty.

25         (10)  The complaint and all information obtained

26  pursuant to the investigation by the department are

27  confidential and exempt from s. 119.07(1) until 10 days after

28  probable cause has been found to exist by the probable cause

29  panel or by the department, or until the regulated

30  professional or subject of the investigation waives his or her

31  privilege of confidentiality, whichever occurs first. Upon

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  1  completion of the investigation and a recommendation by the

  2  department to find probable cause, and pursuant to a written

  3  request by the subject or the subject's attorney, the

  4  department shall provide the subject an opportunity to inspect

  5  the investigative file or, at the subject's expense, forward

  6  to the subject a copy of the investigative file.

  7  Notwithstanding s. 456.057, the subject may inspect or receive

  8  a copy of any expert witness report or patient record

  9  connected with the investigation if the subject agrees in

10  writing to maintain the confidentiality of any information

11  received under this subsection until 10 days after probable

12  cause is found and to maintain the confidentiality of patient

13  records pursuant to s. 456.057. The subject may file a written

14  response to the information contained in the investigative

15  file. Such response must be filed within 20 days of mailing by

16  the department, unless an extension of time has been granted

17  by the department. This subsection does not prohibit the

18  department from providing such information to any law

19  enforcement agency or to any other regulatory agency.

20         (11)  A privilege against civil liability is hereby

21  granted to any complainant or any witness with regard to

22  information furnished with respect to any investigation or

23  proceeding pursuant to this section, unless the complainant or

24  witness acted in bad faith or with malice in providing such

25  information.

26         (12)(a)  No person who reports in any capacity, whether

27  or not required by law, information to the department with

28  regard to the incompetence, impairment, or unprofessional

29  conduct of any health care provider licensed under chapter

30  458, chapter 459, chapter 460, chapter 461, chapter 462,

31  chapter 463, chapter 464, chapter 465, or chapter 466 shall be

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  1  held liable in any civil action for reporting against such

  2  health care provider if such person acts without intentional

  3  fraud or malice.

  4         (b)  No facility licensed under chapter 395, health

  5  maintenance organization certificated under part I of chapter

  6  641, physician licensed under chapter 458, or osteopathic

  7  physician licensed under chapter 459 shall discharge, threaten

  8  to discharge, intimidate, or coerce any employee or staff

  9  member by reason of such employee's or staff member's report

10  to the department about a physician licensed under chapter

11  458, chapter 459, chapter 460, chapter 461, or chapter 466 who

12  may be guilty of incompetence, impairment, or unprofessional

13  conduct so long as such report is given without intentional

14  fraud or malice.

15         (c)  In any civil suit brought outside the protections

16  of paragraphs (a) and (b) in which intentional fraud or malice

17  is alleged, the person alleging intentional fraud or malice

18  shall be liable for all court costs and for the other party's

19  reasonable attorney's fees if intentional fraud or malice is

20  not proved.

21         (13)  Notwithstanding any provision of law to the

22  contrary, an administrative complaint against a licensee shall

23  be filed within 6 years after the time of the incident or

24  occurrence giving rise to the complaint against the licensee.

25  If such incident or occurrence involved criminal actions,

26  diversion of controlled substances, sexual misconduct, or

27  impairment by the licensee, this subsection does not apply to

28  bar initiation of an investigation or filing of an

29  administrative complaint beyond the 6-year timeframe. In those

30  cases covered by this subsection in which it can be shown that

31  fraud, concealment, or intentional misrepresentation of fact

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  1  prevented the discovery of the violation of law, the period of

  2  limitations is extended forward, but in no event to exceed 12

  3  years after the time of the incident or occurrence.

  4         Section 81.  Subsection (8) of section 400.925, Florida

  5  Statutes, is amended to read:

  6         400.925  Definitions.--As used in this part, the term:

  7         (8)  "Home medical equipment" includes any product as

  8  defined by the Federal Drug Administration's Drugs, Devices

  9  and Cosmetics Act, any products reimbursed under the Medicare

10  Part B Durable Medical Equipment benefits, or any products

11  reimbursed under the Florida Medicaid durable medical

12  equipment program. Home medical equipment includes, but is not

13  limited to, oxygen and related respiratory equipment; manual,

14  motorized, or. Home medical equipment includes customized

15  wheelchairs and related seating and positioning, but does not

16  include prosthetics or orthotics or any splints, braces, or

17  aids custom fabricated by a licensed health care

18  practitioner;. Home medical equipment includes assistive

19  technology devices, including: manual wheelchairs, motorized

20  wheelchairs, motorized scooters;, voice-synthesized computer

21  modules, optical scanners, talking software, braille printers,

22  environmental control devices for use by person with

23  quadriplegia, motor vehicle adaptive transportation aids,

24  devices that enable persons with severe speech disabilities to

25  in effect speak, personal transfer systems; and specialty

26  beds, including demonstrator, for use by a person with a

27  medical need.

28         Section 82.  Subsections (5), (7), and (9) of section

29  409.91195, Florida Statutes, is amended to read:

30         409.91195  Medicaid Pharmaceutical and Therapeutics

31  Committee.--There is created a Medicaid Pharmaceutical and

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  1  Therapeutics Committee within the Agency for Health Care

  2  Administration for the purpose of developing a preferred drug

  3  formulary pursuant to 42 U.S.C. s. 1396r-8.

  4         (5)  Except for mental health-related drugs,

  5  antiretroviral drugs, and drugs for nursing home residents and

  6  other institutional residents, reimbursement of drugs not

  7  included in the formulary is subject to prior authorization.

  8  If the prior authorization is approved, the approval shall be

  9  in effect for the subsequent 12 month period.

10         (7)  The committee shall ensure that interested

11  parties, including pharmaceutical manufacturers agreeing to

12  provide a supplemental rebate as outlined in this chapter have

13  an opportunity to present public testimony to the committee

14  with information or evidence supporting inclusion of a product

15  on the preferred drug list. Such public testimony shall occur

16  prior to any decisions being made by the Committee for

17  inclusion or exclusion from the drugs available to the

18  Medicaid recipients. Upon timely notice, the agency shall

19  ensure that any drug that has been approved or had any of its

20  particular uses approved by the United States Food and Drug

21  Administration under a priority review classification will be

22  reviewed by the Medicaid Pharmaceutical and Therapeutics

23  Committee at the next regularly scheduled meeting. To the

24  extent possible, upon notice by a manufacturer the agency

25  shall also schedule a product review for any new product at

26  the next regularly scheduled Medicaid Pharmaceutical and

27  Therapeutics Committee.

28         (9)  The Medicaid Pharmaceutical and Therapeutics

29  Committee shall develop its preferred drug list

30  recommendations by considering the clinical efficacy, safety,

31  and cost-effectiveness of a product. In addition,

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  1  recommendations shall include a review and approval by a

  2  physician who is board-certified in the specialty that most

  3  commonly treats the disease or prescribes the relevant

  4  therapeutic class of drugs. When the preferred drug formulary

  5  is adopted by the agency, if a product on the formulary is one

  6  of the first four brand-name drugs used by a recipient in a

  7  month the drug shall not require prior authorization.

  8         Section 83.  Subsection (4) is added to section

  9  765.104, Florida Statutes, to read:

10         765.104  Amendment or revocation.--

11         (4)  Any patient for whom a medical proxy has been

12  recognized under s. 765.401 and for whom any previous legal

13  disability that precluded the patient's ability to consent is

14  removed may amend or revoke the recognition of the medical

15  proxy and any uncompleted decision made by that proxy. The

16  amendment or revocation takes effect when it is communicated

17  to the proxy, the health care provider, or the health care

18  facility in writing or, if communicated orally, in the

19  presence of a third person.

20         Section 84.  Subsections (1) and (3) of section

21  765.401, Florida Statutes, are amended to read:

22         765.401  The proxy.--

23         (1)  If an incapacitated or developmentally disabled

24  the patient has not executed an advance directive, or

25  designated a surrogate to execute an advance directive, or the

26  designated or alternate surrogate is no longer available to

27  make health care decisions, health care decisions may be made

28  for the patient by any of the following individuals, in the

29  following order of priority, if no individual in a prior class

30  is reasonably available, willing, or competent to act:

31         (a)  The judicially appointed guardian of the patient

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  1  or the guardian advocate of the person having a developmental

  2  disability as defined in s. 393.063, who has been authorized

  3  to consent to medical treatment, if such guardian has

  4  previously been appointed; however, this paragraph shall not

  5  be construed to require such appointment before a treatment

  6  decision can be made under this subsection;

  7         (b)  The patient's spouse;

  8         (c)  An adult child of the patient, or if the patient

  9  has more than one adult child, a majority of the adult

10  children who are reasonably available for consultation;

11         (d)  A parent of the patient;

12         (e)  The adult sibling of the patient or, if the

13  patient has more than one sibling, a majority of the adult

14  siblings who are reasonably available for consultation.

15         (f)  An adult relative of the patient who has exhibited

16  special care and concern for the patient and who has

17  maintained regular contact with the patient and who is

18  familiar with the patient's activities, health, and religious

19  or moral beliefs; or

20         (g)  A close friend of the patient.

21         (3)  Before exercising the incapacitated patient's

22  rights to select or decline health care, the proxy must comply

23  with the provisions of ss. 765.205 and 765.305, except that a

24  proxy's decision to withhold or withdraw life-prolonging

25  procedures must be supported by clear and convincing evidence

26  that the decision would have been the one the patient would

27  have chosen had the patient been competent or, if there is no

28  indication of what the patient would have chosen, that the

29  decision is in the patient's best interest. Before exercising

30  the rights of a person who has a developmental disability as

31  defined under s. 393.063(12) to withhold or withdraw

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  1  life-prolonging procedures, a proxy must comply with s.

  2  393.12.

  3         Section 85.  Subsection (2) of section 457.105, Florida

  4  Statutes, is amended and subsection (3) of section 457.105,

  5  Florida Statutes, is created to read:

  6         457.105  Licensure qualifications and fees.--

  7         (2)  A person may become licensed to practice

  8  acupuncture if the person applies to the department and:

  9         (a)  Is 21 years of age or older, has good moral

10  character, and has the ability to communicate in English,

11  which is demonstrated by having passed the national written

12  examination in English or, if such examination was passed in a

13  foreign language, by also having passed a nationally

14  recognized English proficiency examination;

15         (b)  Has completed 60 college credits from an

16  accredited postsecondary institution received a bachelor's

17  degree from an accredited College or University as a

18  prerequisite to enrollment in an authorized 3-year course of

19  study in acupuncture and oriental medicine, and has completed

20  a 3-year course of study in acupuncture and oriental medicine,

21  and effective July 31, 2001, a 4-year course of study in

22  acupuncture and oriental medicine, and effective July 31,

23  2003, a 4 year, 3200 hour course of study in acupuncture and

24  oriental medicine which meets standards established by the

25  board by rule, which standards include, but are not limited

26  to, successful completion of academic courses in western

27  anatomy, western physiology, western pathology, western

28  biomedical terminology, first aid, and cardiopulmonary

29  resuscitation (CPR). However, any person who enrolled in an

30  authorized course of study in acupuncture before August 1,

31  1997, and who applies on or before July 1, 2003, must have

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  1  completed only a 2-year course of study which meets standards

  2  established by the board by rule, which standards must

  3  include, but are not limited to, successful completion of

  4  academic courses in western anatomy, western physiology, and

  5  western pathology;

  6         (c)  Has successfully completed a board-approved

  7  national certification process, is actively licensed in a

  8  state that has examination requirements that are substantially

  9  equivalent to or more stringent than those of this state, or

10  passes an examination administered by the department, which

11  examination tests the applicant's competency and knowledge of

12  the practice of acupuncture and oriental medicine. At the

13  request of any applicant, oriental nomenclature for the points

14  shall be used in the examination. The examination shall

15  include a practical examination of the knowledge and skills

16  required to practice modern and traditional acupuncture and

17  oriental medicine, covering diagnostic and treatment

18  techniques and procedures; and

19         (d)  Has submitted to the department a set of

20  fingerprints on a form and under procedures specified by the

21  department along with a payment in an amount equal to the

22  costs to be incurred by the Department of Health for the

23  criminal background check of an applicant. The Department of

24  Health shall submit the fingerprints provided by the applicant

25  to the Florida Department of Law Enforcement for a statewide

26  criminal history check, and the Florida Department of Law

27  Enforcement shall forward the fingerprints to the Federal

28  Bureau of Investigation for a national criminal history check

29  of the applicant.

30         (d)(e) Pays the required fees set by the board by rule

31  not to exceed the following amounts:

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  1         1.  Examination fee: $500 plus the actual per applicant

  2  cost to the department for purchase of the written and

  3  practical portions of the examination from a national

  4  organization approved by the board.

  5         2.  Application fee: $300.

  6         3.  Reexamination fee: $500 plus the actual per

  7  applicant cost to the department for purchase of the written

  8  and practical portions of the examination from a national

  9  organization approved by the board.

10         4.  Initial biennial licensure fee: $400, if licensed

11  in the first half of the biennium, and $200, if licensed in

12  the second half of the biennium.

13         (3)  The board may deny an applicant who within a three

14  year period does not pass the licensing examination after five

15  attempts.

16         Section 86.  Section 457.1085, Florida Statutes, is

17  amended to read:

18         457.1085  Infection control.--Prior to November 1,

19  1986, the The board shall adopt rules relating to the

20  prevention of infection, the safe disposal of any potentially

21  infectious materials, and other requirements to protect the

22  health, safety, and welfare of the public. Beginning October

23  1, 1997, All acupuncture needles that are to be used on a

24  patient must be sterile and disposable, and each needle may be

25  used only once.

26         Section 87.  Paragraph (y) of subsection (1) of section

27  457.109, Florida Statutes, is amended to read:

28         457.109  Disciplinary actions; grounds; action by the

29  board.--

30         (1)  The following acts constitute grounds for denial

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

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  1  456.072(2):

  2         (y)  Using the specialty titles of "Diplomat in

  3  Acupuncture" or "National Board Certified Diplomat in

  4  Acupuncture" or "Board Certified Diplomat in Acupuncture" in

  5  conjunction with one's name, place of business, or acupuncture

  6  practice unless the licensee holds an active license under

  7  Chapter 457, F.S., and is also an active holder of such Board

  8  Certification from the nationally recognized "Acupuncture

  9  Credentials Verification Organization", the National

10  Certification Commission for Acupuncture and Oriental Medicine

11  (NCCAOM).

12         Section 88.  Subsection (2) of section 457.116, Florida

13  Statutes, is amended to read:

14         457.116  Prohibited acts; penalty.--

15         (2)  A person who violates this section commits a

16  misdemeanor of the second degree a felony of the third degree,

17  punishable as provided in s. 775.082 or s. 775.083 or 775.084.

18         Section 89.  Section 457.119, Florida Statutes, is

19  created to read:

20         457.119  Approval of Educational Programs--The board

21  shall adopt rules regarding educational objectives, faculty

22  qualifications, curriculum guidelines, and clinical training

23  necessary to ensure that approved programs graduate

24  practitioners capable of competent practice under this act.

25         Section 90.  Subsections (31), (32), and (33), of

26  section 395.002, Florida Statutes, are renumbered as

27  subsections (32), (33), and (34) respectively, and a new

28  subsection (31) of section 395.002, Florida Statutes, is

29  created to read:

30         395.002  Definitions.--As used in this chapter:

31         (31)  "Surgical first assistant" means the first

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  1  assistant to the surgeon during a surgical operation.

  2         (32)(31)  "Utilization review" means a system for

  3  reviewing the medical necessity or appropriateness in the

  4  allocation of health care resources of hospital services given

  5  or proposed to be given to a patient or group of patients.

  6         (33)(32)  "Utilization review plan" means a description

  7  of the policies and procedures governing utilization review

  8  activities performed by a private review agent.

  9         (34)(33)  "Validation inspection" means an inspection

10  of the premises of a licensed facility by the agency to assess

11  whether a review by an accrediting organization has adequately

12  evaluated the licensed facility according to minimum state

13  standards.

14         Section 91.  Paragraph (b) of subsection (1) of section

15  395.0197, Florida Statutes, is amended to read:

16         395.0197  Internal risk management program.--

17         (1)  Every licensed facility shall, as a part of its

18  administrative functions, establish an internal risk

19  management program that includes all of the following

20  components:

21         (b)  The development of appropriate measures to

22  minimize the risk of adverse incidents to patients, including,

23  but not limited to:

24         1.  Risk management and risk prevention education and

25  training of all nonphysician personnel as follows:

26         a.  Such education and training of all nonphysician

27  personnel as part of their initial orientation; and

28         b.  At least 1 hour of such education and training

29  annually for all personnel of the licensed facility working in

30  clinical areas and providing patient care, except those

31  persons licensed as health care practitioners who are required

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  1  to complete continuing education coursework pursuant to

  2  chapter 456 or the respective practice act.

  3         2.  A prohibition, except when emergency circumstances

  4  require otherwise, against a staff member of the licensed

  5  facility attending a patient in the recovery room, unless the

  6  staff member is authorized to attend the patient in the

  7  recovery room and is in the company of at least one other

  8  person.  However, a licensed facility is exempt from the

  9  two-person requirement if it has:

10         a.  Live visual observation;

11         b.  Electronic observation; or

12         c.  Any other reasonable measure taken to ensure

13  patient protection and privacy.

14         3.  A prohibition against an unlicensed person from

15  assisting or participating in any surgical procedure unless

16  the facility has authorized the person to do so following a

17  competency assessment, and such assistance or participation is

18  done under the direct and immediate supervision of a licensed

19  physician and is not otherwise an activity that may only be

20  performed by a licensed health care practitioner. Moreover,

21  the primary operating surgeon may select a surgical first

22  assistant from among available individuals who are approved or

23  credentialed by the facility.

24         4.  Development, implementation, and ongoing evaluation

25  of procedures, protocols, and systems to accurately identify

26  patients, planned procedures, and the correct site of the

27  planned procedure so as to minimize the performance of a

28  surgical procedure on the wrong patient, a wrong surgical

29  procedure, a wrong-site surgical procedure, or a surgical

30  procedure otherwise unrelated to the patient's diagnosis or

31  medical condition.

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  1         Section 92.  Effective upon becoming law, paragraphs

  2  (a) and (b) of subsection (2) of section 768.13, Florida

  3  Statutes, are amended to read:

  4         768.13  Good Samaritan Act; immunity from civil

  5  liability.--

  6         (2)(a)  Any person, including those licensed to

  7  practice medicine, who gratuitously and in good faith renders

  8  emergency care or treatment either in direct response to

  9  emergency situations related to and arising out of a public

10  health emergency declared pursuant to s. 381.00315, a state of

11  emergency which has been declared pursuant to s. 252.36 or at

12  the scene of an emergency outside of a hospital, doctor's

13  office, or other place having proper medical equipment,

14  without objection of the injured victim or victims thereof,

15  shall not be held liable for any civil damages as a result of

16  such care or treatment or as a result of any act or failure to

17  act in providing or arranging further medical treatment where

18  the person acts as an ordinary reasonably prudent person would

19  have acted under the same or similar circumstances.

20         (b)1.  Any hospital licensed under chapter 395, any

21  employee of such hospital working in a clinical area within

22  the facility and providing patient care, and any person

23  licensed to practice medicine who in good faith renders

24  medical care or treatment necessitated by a sudden, unexpected

25  situation or occurrence resulting in a serious medical

26  condition demanding immediate medical attention, for which the

27  patient enters the hospital through its emergency room or

28  trauma center, or necessitated by a public health emergency

29  declared pursuant to s. 381.00315 shall not be held liable for

30  any civil damages as a result of such medical care or

31  treatment unless such damages result from providing, or

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  1  failing to provide, medical care or treatment under

  2  circumstances demonstrating a reckless disregard for the

  3  consequences so as to affect the life or health of another.

  4         2.  The immunity provided by this paragraph does not

  5  apply to damages as a result of any act or omission of

  6  providing medical care or treatment:

  7         a.  Which occurs after the patient is stabilized and is

  8  capable of receiving medical treatment as a nonemergency

  9  patient, unless surgery is required as a result of the

10  emergency within a reasonable time after the patient is

11  stabilized, in which case the immunity provided by this

12  paragraph applies to any act or omission of providing medical

13  care or treatment which occurs prior to the stabilization of

14  the patient following the surgery; or

15         b.  Unrelated to the original medical emergency.

16         3.  For purposes of this paragraph, "reckless

17  disregard" as it applies to a given health care provider

18  rendering emergency medical services shall be such conduct

19  which a health care provider knew or should have known, at the

20  time such services were rendered, would be likely to result in

21  injury so as to affect the life or health of another, taking

22  into account the following to the extent they may be present;

23         a.  The extent or serious nature of the circumstances

24  prevailing.

25         b.  The lack of time or ability to obtain appropriate

26  consultation.

27         c.  The lack of a prior patient-physician relationship.

28         d.  The inability to obtain an appropriate medical

29  history of the patient.

30         e.  The time constraints imposed by coexisting

31  emergencies.

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                                                Bill No. CS/HB 507

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  1         4.  Every emergency care facility granted immunity

  2  under this paragraph shall accept and treat all emergency care

  3  patients within the operational capacity of such facility

  4  without regard to ability to pay, including patients

  5  transferred from another emergency care facility or other

  6  health care provider pursuant to Pub. L. No. 99-272, s. 9121.

  7  The failure of an emergency care facility to comply with this

  8  subparagraph constitutes grounds for the department to

  9  initiate disciplinary action against the facility pursuant to

10  chapter 395.

11         Section 93.  Paragraph (k) of subsection (2) of section

12  381.0066, Florida Statutes, is amended to read:

13         381.0066  Onsite sewage treatment and disposal systems;

14  fees.--

15         (2)  The minimum fees in the following fee schedule

16  apply until changed by rule by the department within the

17  following limits:

18         (k)  Research:  An additional $5 fee shall be added to

19  each new system construction permit issued during fiscal years

20  1996-2002 to be used for onsite sewage treatment and disposal

21  system research, demonstration, and training projects. Five

22  dollars from any repair permit fee collected under this

23  section shall be used for funding the hands-on training

24  centers described in s. 381.0065(3)(j).

25

26  The funds collected pursuant to this subsection must be

27  deposited in a trust fund administered by the department, to

28  be used for the purposes stated in this section and ss.

29  381.0065 and 381.00655.

30         Section 94.  Part IV of chapter 489, Florida Statutes,

31  consisting of sections 489.661, 489.662, 489.663, 489.664,

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                                                Bill No. CS/HB 507

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  1  489.665, 489.666, 489.667, and 489.668, is created to read:

  2                             PART IV

  3                  PORTABLE RESTROOM CONTRACTING

  4         489.661  Definitions.--As used in this part:

  5         (1)  "Department" means the Department of Health.

  6         (2)  "Portable restroom contractor" means a portable

  7  restroom contractor whose services are unlimited in the

  8  portable restroom trade who has had at least 3 years'

  9  experience as a Florida-registered portable restroom

10  contractor, who has knowledge of state health code law and

11  rules, and who has the experience, knowledge, and skills to

12  handle, deliver, and pick up sanitary portable restrooms, to

13  install, safely handle, and maintain portable holding tanks,

14  and to handle, transport, and dispose of domestic portable

15  restroom and portable holding tank wastewater.

16         489.662  Registration required.--A person shall not

17  hold himself or herself out as a portable restroom contractor

18  in this state unless he or she is registered by the department

19  in accordance with the provisions of this part.  However,

20  nothing in this part prohibits any person licensed pursuant to

21  s. 489.105(3)(m) in this state from engaging in the profession

22  for which he or she is licensed.

23         489.663  Administration of part; registration

24  qualifications; examination.--

25         (1)  Each person desiring to be registered pursuant to

26  this part shall apply to the department in writing upon forms

27  prepared and furnished by the department.

28         (2)  The department shall administer, coordinate, and

29  enforce the provisions of this part, provide qualifications

30  for applicants, administer the examination for applicants, and

31  be responsible for the granting of certificates of

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                                                Bill No. CS/HB 507

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  1  registration to qualified persons.

  2         (3)  The department shall adopt reasonable rules

  3  pursuant to ss. 120.536(1) and 120.54 to administer this part,

  4  including, but not limited to, rules that establish ethical

  5  standards of practice, requirements for registering as a

  6  contractor, requirements for obtaining an initial or renewal

  7  certificate of registration, disciplinary guidelines, and

  8  requirements for the certification of partnerships and

  9  corporations.  The department may amend or repeal the rules in

10  accordance with chapter 120, the Administrative Procedure Act.

11         (4)  To be eligible for registration by the department

12  as a portable restroom contractor, the applicant shall:

13         (a)  Be of good moral character.  In considering good

14  moral character, the department may consider any matter that

15  has a substantial connection between the good moral character

16  of the applicant and the professional responsibilities of a

17  registered contractor, including, but not limited to, the

18  applicant being convicted or found guilty of, or entering a

19  plea of nolo contendere to, regardless of adjudication, a

20  crime in any jurisdiction that directly relates to the

21  practice of contracting or the ability to practice

22  contracting, and previous disciplinary action involving

23  portable restroom contracting, where all judicial reviews have

24  been completed.

25         (b)  Pass an examination approved by the department

26  that demonstrates that the applicant has a fundamental

27  knowledge of the state laws relating to the installation,

28  maintenance, and wastewater disposal of portable restrooms,

29  portable sinks, and portable holding tanks.

30         (c)  Be at least 18 years of age.

31         (d)  Have a total of at least 3 years of active

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  experience serving an apprenticeship as a skilled worker under

  2  the supervision and control of a registered portable restroom

  3  contractor.  Related work experience or educational experience

  4  may be substituted for no more than 2 years of active

  5  contracting experience.  Each 30 hours of coursework approved

  6  by the department will substitute for 6 months of work

  7  experience.  Out-of-state work experience shall be accepted on

  8  a year-for-year basis for any applicant who demonstrates that

  9  he or she holds a current license issued by another state for

10  portable restroom contracting that was issued upon

11  satisfactory completion of an examination and continuing

12  education courses that are equivalent to the requirements in

13  this state.  Individuals from a state with no state

14  certification who have successfully completed a written

15  examination provided by the Portable Sanitation Association

16  International shall only be required to take the written

17  portion of the examination that includes state health code law

18  and rules.  For purposes of this section, an equivalent

19  examination must include the topics of state health code law

20  and rules applicable to portable restrooms and the knowledge

21  required to handle, deliver, and pick up sanitary portable

22  restrooms; to install, handle, and maintain portable holding

23  tanks; and to handle, transport, and dispose of domestic

24  portable restroom and portable holding tank wastewater.  A

25  person employed by and under the supervision of a licensed

26  contractor shall be granted up to 2 years of related work

27  experience.

28         (e)  Have not had a registration revoked, the effective

29  date of which was less than 5 years before the application.

30         (5)  The department shall provide each applicant for

31  registration pursuant to this part with a copy of this part

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  1  and any rules adopted under this part.  The department may

  2  also prepare and disseminate such other material and

  3  questionnaires as it deems necessary to effectuate the

  4  registration provisions of this part.

  5         489.664  Registration renewal.--The department shall

  6  prescribe by rule the method for approval of continuing

  7  education courses and for renewal of annual registration.  At

  8  a minimum, annual renewal shall include continuing education

  9  requirements of not less than 6 classroom hours annually for

10  portable restroom contractors.

11         489.665  Certification of partnerships and

12  corporations.--

13         (1)  The practice of or the offer to practice portable

14  restroom contracting services by registrants through a parent

15  corporation, corporation, subsidiary of a corporation, or

16  partnership offering portable restroom contracting services to

17  the public through registrants under this chapter as agents,

18  employers, officers, or partners is permitted, provided that

19  one or more of the principal officers of the corporation or

20  one or more partners of the partnership and all personnel of

21  the corporation or partnership who act on its behalf as

22  portable restroom contractors in this state are registered as

23  provided by this part, and further provided that the

24  corporation or partnership has been issued a certificate of

25  authorization by the department as provided in this section.

26  A registered contractor may not be the sole qualifying

27  contractor for more than one business that requests a

28  certificate of authorization.  A business organization that

29  loses its qualifying contractor has 60 days following the date

30  the qualifier terminates his or her affiliation within which

31  to obtain another qualifying contractor.  During this period,

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  1  the business organization may complete any existing contract

  2  or continuing contract, but may not undertake any new

  3  contract.  This period may be extended once by the department

  4  for an additional 60 days upon a showing of good cause.

  5  Nothing in this section shall be construed to mean that a

  6  certificate of registration to practice portable restroom

  7  contracting shall be held by a corporation.  No corporation or

  8  partnership shall be relieved of responsibility for the

  9  conduct or acts of its agents, employees, or officers by

10  reason of its compliance with this section, nor shall any

11  individual practicing portable restroom contracting be

12  relieved of responsibility for professional services performed

13  by reason of his or her employment or relationship with a

14  corporation or partnership.

15         (2)  For the purposes of this section, a certificate of

16  authorization shall be required for a corporation,

17  partnership, association, or person practicing under a

18  fictitious name, offering portable restroom contracting

19  services to the public, except that when an individual is

20  practicing portable restroom contracting in his or her own

21  given name, he or she shall not be required to register under

22  this section.

23         (3)  Each certification of authorization shall be

24  renewed every 2 years.  Each partnership and corporation

25  certified under this section shall notify the department

26  within 1 month after any change in the information contained

27  in the application upon which the certification is based.

28         (4)  Disciplinary action against a corporation or

29  partnership shall be administered in the same manner and on

30  the same grounds as disciplinary action against a registered

31  portable restroom contractor.

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                                                Bill No. CS/HB 507

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  1         (5)  When a certificate of authorization has been

  2  revoked, any person authorized by law to provide portable

  3  restroom contracting services may not use the name or

  4  fictitious name of the entity whose certificate was revoked,

  5  or any other identifiers for the entity, including telephone

  6  numbers, advertisements, or logos.

  7         489.666  Suspension or revocation of registration.--A

  8  certificate of registration may be suspended or revoked upon a

  9  showing that the registrant has:

10         (1)  Violated any provision of this part.

11         (2)  Violated any lawful order or rule rendered or

12  adopted by the department.

13         (3)  Obtained his or her registration or any other

14  order, ruling, or authorization by means of fraud,

15  misrepresentation, or concealment of material facts.

16         (4)  Been found guilty of gross misconduct in the

17  pursuit of his or her profession.

18         489.667  Fees; establishment.--

19         (1)  The department shall, by rule, establish fees as

20  follows:

21         (a)  For portable restroom contractor registration:

22         1.  Application and examination fee:  not less than $25

23  nor more than $75.

24         2.  Initial registration fee:  not less than $50 nor

25  more than $100.

26         3.  Renewal of registration fee:  not less than $50 nor

27  more than $100.

28         (b)  Certification of partnerships and corporations:

29  not less than $100 nor more than $250.

30         (2)  Fees established pursuant to subsection (1) shall

31  be based on the actual costs incurred by the department in

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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  1  carrying out its registration and other related

  2  responsibilities under this part.

  3         489.668  Penalties and prohibitions.--

  4         (1)  Any person who violates any provision of this part

  5  commits a misdemeanor of the first degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

  7         (2)  The department may deny a registration if it

  8  determines that an applicant does not meet all requirements of

  9  this part or has violated any provision of this part.  Any

10  applicant aggrieved by such denial shall be entitled to a

11  hearing, after reasonable notice thereof, upon filing a

12  written request for such hearing in accordance with chapter

13  120.

14         Section 95.  Subsection (1) of section 491.0057,

15  Florida Statutes, is amended to read:

16         491.0057  Dual licensure as a marriage and family

17  therapist.--The department shall license as a marriage and

18  family therapist any person who demonstrates to the board that

19  he or she:

20         (1)(a)  Holds a valid, active license as a psychologist

21  under chapter 490 or,

22         (b)  Is as a clinical social worker or mental health

23  counselor under this chapter, or is certified under s. 464.012

24  as an advanced registered nurse practitioner who has been

25  determined by the Board of Nursing as a specialist in

26  psychiatric mental health, and demonstrates equivalent

27  education and training to that specified in Ch. 491.005(3)(c).

28         Section 96.  Subsection (3) of section 627.638, Florida

29  Statutes, is added to read:

30         627.638  Direct payment for hospital, medical

31  services.--

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                                                Bill No. CS/HB 507

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  1         (3)  Under any health insurance policy insuring against

  2  loss or expense due to hospital confinement or to medical and

  3  related services, payment of benefits shall be made directly

  4  to any recognized hospital, doctor, or other person who

  5  provided services for the treatment of a psychological

  6  disorder or treatment for substance abuse, including drug and

  7  alcohol abuse, when the treatment is in accordance with the

  8  provisions of the policy and the insured specifically

  9  authorizes direct payment of benefits. Payments shall be made

10  under this section, notwithstanding any contrary provisions in

11  the health insurance contract. This subsection applies to all

12  health insurance policies now or hereafter in force as of the

13  effective date of this act.

14         Section 97.  Subsection (1) of section 766.101, Florida

15  Statutes, is amended to read:

16         766.101  Medical review committee, immunity from

17  liability.--

18         (1)  As used in this section:

19         (a)  The term "medical review committee" or "committee"

20  means:

21         1.a.  A committee of a hospital or ambulatory surgical

22  center licensed under chapter 395 or a health maintenance

23  organization certificated under part I of chapter 641,

24         b.  A committee of a physician-hospital organization, a

25  provider-sponsored organization, or an integrated delivery

26  system,

27         c.  A committee of a state or local professional

28  society of health care providers,

29         d.  A committee of a medical staff of a licensed

30  hospital or nursing home, provided the medical staff operates

31  pursuant to written bylaws that have been approved by the

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  1  governing board of the hospital or nursing home,

  2         e.  A committee of the Department of Corrections or the

  3  Correctional Medical Authority as created under s. 945.602, or

  4  employees, agents, or consultants of either the department or

  5  the authority or both,

  6         f.  A committee of a professional service corporation

  7  formed under chapter 621 or a corporation organized under

  8  chapter 607 or chapter 617, which is formed and operated for

  9  the practice of medicine as defined in s. 458.305(3), and

10  which has at least 25 health care providers who routinely

11  provide health care services directly to patients,

12         g.  A committee of a mental health treatment facility

13  licensed under chapter 394 or a community mental health center

14  as defined in s. 394.907, provided the quality assurance

15  program operates pursuant to the guidelines which have been

16  approved by the governing board of the agency,

17         h.  A committee of a substance abuse treatment and

18  education prevention program licensed under chapter 397

19  provided the quality assurance program operates pursuant to

20  the guidelines which have been approved by the governing board

21  of the agency,

22         i.  A peer review or utilization review committee

23  organized under chapter 440,

24         j.  A committee of the Department of Health, a county

25  health department, healthy start coalition, or certified rural

26  health network, when reviewing quality of care, or employees

27  of these entities when reviewing mortality records, or

28         k.  A continuous quality improvement committee of a

29  pharmacy licensed pursuant to chapter 465, or

30         l.  A committee established by a university board of

31  trustees, or

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  1         m.  A committee comprised of faculty, residents,

  2  students, and administrators of an accredited college of

  3  medicine, nursing or other health care discipline.

  4

  5  which committee is formed to evaluate and improve the quality

  6  of health care rendered by providers of health service or to

  7  determine that health services rendered were professionally

  8  indicated or were performed in compliance with the applicable

  9  standard of care or that the cost of health care rendered was

10  considered reasonable by the providers of professional health

11  services in the area; or

12         2.  A committee of an insurer, self-insurer, or joint

13  underwriting association of medical malpractice insurance, or

14  other persons conducting review under s. 766.106.

15         (b)  The term "health care providers" means physicians

16  licensed under chapter 458, osteopathic physicians licensed

17  under chapter 459, podiatric physicians licensed under chapter

18  461, optometrists licensed under chapter 463, dentists

19  licensed under chapter 466, chiropractic physicians licensed

20  under chapter 460, pharmacists licensed under chapter 465, or

21  hospitals or ambulatory surgical centers licensed under

22  chapter 395.

23         Section 98.  Effective upon becoming law, subsection

24  (10) of section 627.357 is amended to read:

25         627.357  Medical malpractice self-insurance.--

26         (10)  An application to form a self-insurance fund

27  under this section must be filed with the department before

28  October 1, 2002. All self-insurance funds making application

29  under this section between March 1, 2002 and October 1, 2002

30  and created after March 1, 2002 must apply for a certificate

31  of authority to become an admitted insurance company by

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                                                Bill No. CS/HB 507

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  1  October 1, 2007. A self-insurance fund may not be formed under

  2  this section after October 1, 1992.

  3         Section 99.  Except as otherwise provided herein, this

  4  act shall take effect July 1, 2002.

  5

  6

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

  8  And the title is amended as follows:

  9         On page ,

10  remove:  Everything before the enacting clause

11

12  and insert:

13         An act relating to health care and health

14         professional responsibility; transferring to

15         the Department of Health the powers, duties,

16         functions, and assets that relate to the

17         consumer complaint services, investigations,

18         and prosecutorial services performed by the

19         Agency for Health Care Administration under

20         contract with the department; transferring

21         full-time equivalent positions and the

22         practitioner regulation component from the

23         agency to the department; amending s. 20.43,

24         F.S.; deleting the provision authorizing the

25         department to enter into such contract with the

26         agency, to conform; updating a reference to

27         provide the name of a regulatory board under

28         the Division of Medical Quality Assurance;

29         requiring the Office of Legislative Services to

30         develop a business plan for the Board of

31         Dentistry; providing an appropriation;

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                                                Bill No. CS/HB 507

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  1         requiring a report to the Governor and

  2         Legislature; requiring the Department of Health

  3         to contract for the implementation of the

  4         electronic continuing education tracking system

  5         and requiring said system to be compatible and

  6         integrated with the department's licensure and

  7         renewal system; amending s. 456.057, F.S.;

  8         authorizing specified persons to release

  9         certain medical records to a custodian upon

10         board order; exempting such persons from

11         liability for the release of such records;

12         amending s. 456.072, F.S.; providing additional

13         penalties to be imposed on certain health care

14         practitioners relating to notice to patients

15         concerning availability and access to medical

16         records; amending s. 456.076, F.S.; providing

17         additional conditions for impaired

18         practitioners to enroll in a treatment program

19         as an alternative to discipline; amending s.

20         456.0375, F.S.; revising the definition of

21         "clinic" to exempt public college and

22         university clinics from medical clinic

23         registration and to clarify when a health care

24         practitioner may supervise another health care

25         practitioner; amending s. 456.072, F.S.;

26         revising grounds for disciplinary action

27         relating to performing health care services

28         improperly and to leaving foreign bodies in

29         patients; amending s. 631.57, F.S.; exempting

30         medical malpractice insurance premiums from an

31         assessment; amending s. 395.002, F.S.; defining

                                 106

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         "medically unnecessary procedure"; amending s.

  2         394.4787, F.S.; conforming a cross reference;

  3         amending s. 395.0161, F.S.; providing

  4         rulemaking authority relating to inspections

  5         and investigations of facilities; amending s.

  6         395.0197, F.S.; revising requirements for

  7         internal risk management programs; amending s.

  8         465.019, F.S.; revising the definition of

  9         "class II institutional pharmacies" to allow

10         dispensing and consulting services to hospice

11         patients under certain circumstances; providing

12         legislative findings relating to responsiveness

13         to emergencies and disasters; amending s.

14         381.0011, F.S.; revising duties of the

15         Department of Health; authorizing the State

16         Health Officer to take specified emergency

17         actions to protect the public health; amending

18         s. 381.0034, F.S.; providing a requirement for

19         instruction of certain health care licensees on

20         conditions caused by nuclear, biological, and

21         chemical terrorism, as a condition of initial

22         licensure, and, in lieu of the requirement for

23         instruction on HIV and AIDS, as a condition of

24         relicensure; amending s. 381.0035, F.S.;

25         providing a requirement for instruction of

26         employees at certain health care facilities on

27         conditions caused by nuclear, biological, and

28         chemical terrorism, upon initial employment,

29         and, in lieu of the requirement of instruction

30         on HIV and AIDS, as biennial continuing

31         education; providing an exception; creating s.

                                 107

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         381.0421, F.S.; requiring postsecondary

  2         education institutions to provide information

  3         on hepatitis B; requiring individuals residing

  4         in on-campus housing to document vaccinations

  5         against hepatitis B or sign a waiver; amending

  6         ss. 395.1027 and 401.245, F.S.; correcting

  7         cross references; amending s. 401.23, F.S.;

  8         revising definitions of "advanced life support"

  9         and "basic life support" and defining

10         "emergency medical condition"; amending s.

11         401.252, F.S.; authorizing physician assistants

12         to conduct interfacility transfers in a

13         permitted ambulance under certain

14         circumstances; amending s. 401.27, F.S.;

15         providing that the course on conditions caused

16         by nuclear, biological, and chemical terrorism

17         shall count toward the total required hours for

18         biennial recertification of emergency medical

19         technicians and paramedics; amending s.

20         456.033, F.S.; providing a requirement for

21         instruction of certain health care

22         practitioners on conditions caused by nuclear,

23         biological, and chemical terrorism, as a

24         condition of initial licensure, and, in lieu of

25         the requirement for instruction on HIV and

26         AIDS, as part of biennial relicensure; creating

27         s. 456.0345, F.S.; providing continuing

28         education credits to health care practitioners

29         for certain life support training; amending s.

30         456.072, F.S.; conforming provisions relating

31         to grounds for disciplinary actions to changes

                                 108

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         in health care practitioners' course

  2         requirements; amending s. 456.38, F.S.;

  3         revising provisions relating to the health care

  4         practitioner registry for disasters and

  5         emergencies; prohibiting certain termination of

  6         or discrimination against a practitioner

  7         providing disaster medical assistance; amending

  8         ss. 458.319 and 459.008, F.S.; conforming

  9         provisions relating to exceptions to continuing

10         education requirements for physicians and

11         osteopathic physicians; amending s. 765.512,

12         F.S., relating to anatomical gifts; prohibiting

13         modification of a donor's intent; providing

14         that a donor document is legally binding;

15         authorizing specified persons to furnish

16         donors' medical records upon request; amending

17         s. 765.516, F.S.; revising procedures by which

18         the terms of an anatomical gift may be amended

19         or the gift may be revoked; amending s.

20         456.073, F.S.; revising procedures and

21         timeframes for formal hearings of health care

22         practitioner disciplinary cases; requiring a

23         joint audit of hearings and their billing

24         formulas and a report to the Legislature;

25         amending s. 456.076, F.S.; requiring each

26         impaired practitioner to pay a portion of the

27         cost of the consultant and impaired

28         practitioner program and the full cost of the

29         required treatment program or plan; providing

30         certain exceptions; repealing s. 456.047, F.S.,

31         to terminate the standardized credentialing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         program for health care practitioners;

  2         prohibiting the refund of moneys collected

  3         through the credentialing program; amending ss.

  4         456.039, 456.0391, 456.072, and 456.077, F.S.;

  5         removing references, to conform; amending s.

  6         458.309, F.S.; requiring accreditation of

  7         physician offices in which surgery is

  8         performed; amending s. 459.005, F.S.; requiring

  9         accreditation of osteopathic physician offices

10         in which surgery is performed; amending s.

11         456.004, F.S., relating to powers and duties of

12         the department; requiring performance measures

13         for certain entities; providing procedures for

14         considering board requests to privatize

15         regulatory functions; amending s. 456.009,

16         F.S.; requiring performance measures for

17         certain legal and investigative services and

18         annual review of such services to determine

19         whether such performance measures are being

20         met; amending s. 456.011, F.S.; requiring

21         regulatory board committee meetings, including

22         probable cause panels, to be held

23         electronically unless certain conditions are

24         met; providing for determination of location of

25         in-person meetings; amending s. 456.026, F.S.;

26         requiring inclusion of performance measures for

27         certain entities in the department's annual

28         report to the Legislature; creating s.

29         458.3093, F.S.; requiring submission of

30         credentials for initial physician licensure to

31         a national licensure verification service;

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         requiring verification of such credentials by

  2         that service or an equivalent program; creating

  3         s. 459.0053, F.S.; requiring submission of

  4         credentials for initial osteopathic physician

  5         licensure to a national licensure verification

  6         service; requiring verification of such

  7         credentials by that service, a specified

  8         association, or an equivalent program; amending

  9         ss. 458.331, 459.015, and 627.912, F.S.;

10         raising the malpractice closed claims reporting

11         requirement amount; amending s. 456.073, F.S.;

12         requiring health care practitioner licensees to

13         pay the actual costs of investigation and

14         prosecution under certain circumstances;

15         requiring cases in which no probable cause has

16         been found to be closed within a specified

17         period of time; requiring a study of the field

18         office structure and organization of the Agency

19         for Health Care Administration and a report to

20         the Legislature; amending s. 456.025, F.S.;

21         eliminating certain restrictions on the setting

22         of licensure renewal fees for health care

23         practitioners; creating s. 456.0165, F.S.;

24         restricting the costs that may be charged by

25         educational institutions hosting health care

26         practitioner licensure examinations; requiring

27         health care practitioner licensure and

28         licensure renewal fees to be set at the

29         statutory fee cap or at graduated levels equal

30         to certain percentages of the actual regulatory

31         costs, whichever is less; amending s. 468.301,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         F.S.; revising the definition of "direct

  2         supervision" applicable to the regulation of

  3         radiologic technology; amending s. 468.302,

  4         F.S.; authorizing certified nuclear medicine

  5         technologists to administer X radiation from

  6         certain devices under certain circumstances;

  7         exempting certain persons from radiologic

  8         technologist certification and providing

  9         certain training requirements for such

10         exemption; amending s. 468.352, F.S.; revising

11         and providing definitions applicable to the

12         regulation of respiratory therapy; amending s.

13         468.355, F.S.; revising provisions relating to

14         respiratory therapy licensure and testing

15         requirements; amending s. 468.368, F.S.;

16         revising exemptions from respiratory therapy

17         licensure requirements; repealing s. 468.356,

18         F.S., relating to the approval of educational

19         programs; repealing s. 468.357, F.S., relating

20         to licensure by examination; requiring

21         applications for health care practitioner

22         licensure and licensure renewal to be submitted

23         electronically beginning July 1, 2003; annually

24         adjusting by 2.5 percent the statutory fee caps

25         applicable to regulation of health care

26         practitioners; renumbering ss. 381.0602,

27         381.6021, 381.6022, 381.6023, 381.6024, and

28         381.6026, F.S., and renumbering and amending

29         ss. 381.60225 and 381.6025, F.S., to move

30         provisions relating to organ and tissue

31         procurement, donation, and transplantation to

                                 112

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         part V, ch. 765, F.S., relating to anatomical

  2         gifts; revising cross references, to conform;

  3         amending ss. 395.2050, 409.815, 765.5216, and

  4         765.522, F.S.; revising cross references, to

  5         conform;   providing coverage for certain organ

  6         transplant services; amending s. 409.915, F.S.;

  7         exempting counties from contributions for such

  8         services;  amending s. 456.074, F.S.; providing

  9         for an emergency order suspending the license

10         of any health care practitioner who has

11         defaulted on a student loan issued or

12         guaranteed by the state or the Federal

13         Government; amending s. 456.072, F.S., and

14         reenacting subsection (2), relating to

15         disciplinary actions; clarifying the ground for

16         disciplinary action for failing to perform a

17         statutory or legal obligation to include

18         failing to repay a student loan issued or

19         guaranteed by the state or the Federal

20         Government in accordance with the terms of the

21         loan and for failing to comply with service

22         scholarship obligations; providing penalties;

23         directing the Department of Health to obtain

24         certain information from the United States

25         Department of Health and Human Services on a

26         monthly basis and to include certain

27         information in its annual report to the

28         Legislature; reenacting ss. 456.026 and

29         456.073, F.S., relating to the annual report

30         and disciplinary proceedings, respectively, to

31         conform; providing applicability; amending s.

                                 113

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1         400.925, F.S.; eliminating the regulation of

  2         certain home medical equipment by the Agency

  3         for Health Care Administration;  amending s.

  4         765.104, F.S.; authorizing a patient whose

  5         legal disability is removed to amend or revoke

  6         the recognition of a medical proxy and any

  7         uncompleted decision made by that proxy;

  8         specifying when the amendment or revocation

  9         takes effect; amends s. 395.002, F.S., to

10         provide a definition of "surgical first

11         assistant;" amends s. 395.0197, F.S., to allow

12         a operating surgeon to choose the surgical

13         first assistant under certain conditions;

14         amending s. 768.13, F.S.;providing immunity

15         from civil damages under the Good Samaritan Act

16         for actions taken in response to situations

17         during a declared public health emergency;

18         revising the circumstances under which immunity

19         from civil damages is extended to actions taken

20         by persons licensed to practice medicine;

21         amending s. 381.0066, F.S.; authorizing the

22         continuation of permit fees for system

23         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

                                 114

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    Amendment No. ___ (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

                                 115

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