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



                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    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) Farkas and Fasano offered the following:

12

13         Amendment (with title amendment) 

14  remove:  Everything after the enacting clause

15

16  and insert:

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

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

19  unexpended balances of appropriations, allocations, and other

20  funds of the Agency for Health Care Administration that relate

21  to consumer complaint services, investigations, and

22  prosecutorial services currently provided by the Agency for

23  Health Care Administration under a contract with the

24  Department of Health are transferred to the Department of

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

26  Florida Statutes.  This transfer of funds shall include all

27  advance payments made from the Medical Quality Assurance Trust

28  Fund to the Agency for Health Care Administration.

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

30  equivalent positions are eliminated from the Agency for Health

31  Care Administration's total number of authorized positions.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

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

  4  should the General Appropriations Act for fiscal year

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

  6  regulation component at the Agency for Health Care

  7  Administration, that provision shall be construed to eliminate

  8  the full-time equivalent positions from the practitioner

  9  regulation component which is hereby transferred to the

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

11  positions being eliminated from the agency and no more than

12  279 positions being authorized to the department.

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

14  complaint and investigative services units of the agency are

15  transferred and assigned to the Division of Medical Quality

16  Assurance of the Department of Health.

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

18  care practitioner prosecutorial unit of the agency are

19  transferred and assigned to the Office of the General Counsel

20  of the Department of Health.

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

22  in interest in all legal proceedings and contracts currently

23  involving the Agency for Health Care Administration and

24  relating to health care practitioner regulation.  Except as

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

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

27  transfer.  The interagency agreement between the Department of

28  Health and the Agency for Health Care Administration shall

29  terminate on June 30, 2002.

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

31  20.43, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  Department of Health.

  3         (3)  The following divisions of the Department of

  4  Health are established:

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

  6  responsible for the following boards and professions

  7  established within the division:

  8         1.  The Board of Acupuncture, created under chapter

  9  457.

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

11         3.  The Board of Osteopathic Medicine, created under

12  chapter 459.

13         4.  The Board of Chiropractic Medicine, created under

14  chapter 460.

15         5.  The Board of Podiatric Medicine, created under

16  chapter 461.

17         6.  Naturopathy, as provided under chapter 462.

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

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

20  chapter 464.

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

22  chapter 464.

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

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

25         12.  Midwifery, as provided under chapter 467.

26         13.  The Board of Speech-Language Pathology and

27  Audiology, created under part I of chapter 468.

28         14.  The Board of Nursing Home Administrators, created

29  under part II of chapter 468.

30         15.  The Board of Occupational Therapy, created under

31  part III of chapter 468.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  provided under part V of chapter 468.

  3         17.  Dietetics and nutrition practice, as provided

  4  under part X of chapter 468.

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

  6  XIII of chapter 468.

  7         19.  The Board of Orthotists and Prosthetists, created

  8  under part XIV of chapter 468.

  9         20.  Electrolysis, as provided under chapter 478.

10         21.  The Board of Massage Therapy, created under

11  chapter 480.

12         22.  The Board of Clinical Laboratory Personnel,

13  created under part III of chapter 483.

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

15  chapter 483.

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

17  chapter 484.

18         25.  The Board of Hearing Aid Specialists, created

19  under part II of chapter 484.

20         26.  The Board of Physical Therapy Practice, created

21  under chapter 486.

22         27.  The Board of Psychology, created under chapter

23  490.

24         28.  School psychologists, as provided under chapter

25  490.

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

27  Family Therapy, and Mental Health Counseling, created under

28  chapter 491.

29

30  The department may contract with the Agency for Health Care

31  Administration who shall provide consumer complaint,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  investigative, and prosecutorial services required by the

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

  3  appropriate.

  4         Section 3.  The Office of Legislative Services shall

  5  contract for a business case study of the feasibility of

  6  outsourcing the administrative, investigative, legal, and

  7  prosecutorial functions and other tasks and services that are

  8  necessary to carry out the regulatory responsibilities of the

  9  Board of Dentistry; employing its own executive director and

10  other staff; and obtaining authority over collections and

11  expenditures of funds paid by professions regulated by the

12  Board of Dentistry into the Medical Quality Assurance Trust

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

14  an assessment of the direct and indirect costs associated with

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

16  appropriated from the Board of Dentistry account within the

17  Medical Quality Assurance Trust Fund to the Office of

18  Legislative Services for the purpose of contracting for the

19  study. The Office of Legislative Services shall submit the

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

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

22  2003.

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

24  Department of Health shall contract with one or more private

25  entities to implement the electronic continuing education

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

27  Statutes.  The electronic continuing education tracking system

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

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

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

31  integrate such system or systems into the Department of

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  Health's licensure and renewal system.

  2         (2)  The continuing education tracking system shall

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

  4  continuing education credits or courses which have been

  5  reported by providers of continuing education and shall

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

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

  8  continuing education.

  9         (3)  The private entities under contract with the

10  Department of Health may fund the development and operation of

11  the continuing education tracking system through private

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

13  continuing education courses. The Department of Health is

14  authorized to use continuing education provider fees and

15  licensure renewal fees to fund the operation of the continuing

16  education tracking system, subject to legislative

17  appropriation.

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

19  one contract if the department determines that it would be

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

21  for professions which use board-approved providers and one

22  vendor for professions which allow licensees to take courses

23  approved by other entities.

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

25  Statutes, is amended to read:

26         456.057  Ownership and control of patient records;

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

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

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

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

31  practitioner, the mental or physical incapacitation of the

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  practitioner, or the abandonment of medical records by a

  2  practitioner. The custodian appointed shall comply with all

  3  provisions of this section, including the release of patient

  4  records.  Any person or entity having possession or physical

  5  control of the medical records may release them to the

  6  custodian upon presentment of an order signed by the board

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

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

  9  records to a validly appointed custodian.

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

11  Florida Statutes, to read:

12         456.072  Grounds for discipline; penalties;

13  enforcement.--

14         (7)  In addition to any other discipline imposed

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

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

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

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

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

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

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

22  456.076, Florida Statutes, is amended to read:

23         456.076  Treatment programs for impaired

24  practitioners.--

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

26  oral legally sufficient complaint alleging that a licensee

27  under the jurisdiction of the Division of Medical Quality

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

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

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  against the licensee other than impairment exists, the

  2  reporting of such information shall not constitute grounds for

  3  discipline pursuant to s. 456.072 or the corresponding grounds

  4  for discipline within the applicable practice act if the

  5  probable cause panel of the appropriate board, or the

  6  department when there is no board, finds:

  7         1.  The licensee has acknowledged the impairment

  8  problem.

  9         2.  The licensee has voluntarily enrolled in an

10  appropriate, approved treatment program.

11         3.  The licensee has voluntarily withdrawn from

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

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

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

15  has successfully completed an approved treatment program.

16         4.  The licensee has executed releases for medical

17  records, authorizing the release of all records of

18  evaluations, diagnoses, and treatment of the licensee,

19  including records of treatment for emotional or mental

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

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

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

23  treatment program.

24         5.  The licensee has voluntarily notified his or her

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

26  records owner who is terminating practice, retiring, or

27  relocating and is no longer available to patients.

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

29  456.0375, Florida Statutes, is amended to read:

30         456.0375  Registration of certain clinics;

31  requirements; discipline; exemptions.--

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         (1)

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

  3  does not include and the registration requirements herein do

  4  not apply to:

  5         1.  Entities licensed or registered by the state

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

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

  8  chapter 478, chapter 480, or chapter 484.

  9         2.  Entities exempt from federal taxation under 26

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

11  university clinics.

12         3.  Sole proprietorships, group practices,

13  partnerships, or corporations that provide health care

14  services by licensed health care practitioners pursuant to

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

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

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

18  by licensed health care practitioners or the licensed health

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

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

21  owners who is a licensed health care practitioner is

22  supervising the services performed therein and is legally

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

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

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

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

27  construed to prohibit a health care practitioner from

28  providing administrative or managerial supervision for

29  personnel purposes.

30         4.  Massage establishments licensed pursuant to s.

31  480.043 so long as the massage establishment is only providing

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  health care service.

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

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

  5         456.072  Grounds for discipline; penalties;

  6  enforcement.--

  7         (1)  The following acts shall constitute grounds for

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

  9  be taken:

10         (aa)  Performing or attempting to perform health care

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

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

13  medically unnecessary or otherwise unrelated to the patient's

14  diagnosis or medical condition. For the purposes of this

15  paragraph, performing or attempting to perform health care

16  services includes the preparation of the patient.

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

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

19  paraphernalia commonly used in surgical, examination, or other

20  diagnostic procedures, unless leaving the foreign body is

21  medically indicated and documented in the patient record. For

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

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

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

25  profession, unless medically indicated and documented in the

26  patient record regardless of the intent of the professional.

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

28  Florida Statutes, to read:

29         631.57  Powers and duties of the association.--

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

31  net direct written premiums of medical malpractice insurance

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  are not subject to assessment under this section to cover

  2  claims and administrative costs for the type of insurance

  3  defined in s. 624.604.

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

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

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

  7  to said section to read:

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

  9         (22)  "Medically unnecessary procedure" means a

10  surgical or other invasive procedure that a reasonable

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

12  diagnostic information, would not deem to be indicated in

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

14  disease.

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

16  Florida Statutes, is amended to read:

17         394.4787  Definitions; ss. 394.4786, 394.4787,

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

19  394.4786, 394.4788, and 394.4789:

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

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

22  specialty psychiatric hospital.

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

24  395.0161, Florida Statutes, to read:

25         395.0161  Licensure inspection.--

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

27  conduct of inspections or investigations it initiates in

28  response to:

29         1.  Reports filed pursuant to s. 395.0197.

30         2.  Complaints alleging violations of state or federal

31  emergency access laws.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         3.  Complaints made by the public alleging violations

  2  of law by licensed facilities or personnel.

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

  4  used in such investigations or inspections in order to protect

  5  the due process rights of licensed facilities and personnel

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

  7  the disruption of facility operations and the cost to

  8  facilities resulting from such investigations.

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

10  395.0197, Florida Statutes, are amended to read:

11         395.0197  Internal risk management program.--

12         (2)  The internal risk management program is the

13  responsibility of the governing board of the health care

14  facility. Each licensed facility shall utilize the services of

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

16  responsible for implementation and oversight of such

17  facility's internal risk management program as required by

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

19  more than four internal risk management programs in separate

20  licensed facilities, unless the facilities are under one

21  corporate ownership or the risk management programs are in

22  rural hospitals.

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

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

25  facility records necessary to carry out the provisions of this

26  section.  The records obtained by the agency under subsection

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

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

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

30  disciplinary proceedings by the agency or the appropriate

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  investigation for and prosecution in disciplinary proceedings

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

  4  regulatory board. However, the agency or the appropriate

  5  regulatory board shall make available, upon written request by

  6  a health care professional against whom probable cause has

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

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

  9  medical review committee records, s. 766.101 controls.

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

11  inspection process, the internal risk management program at

12  each licensed facility regulated by this section to determine

13  whether the program meets standards established in statutes

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

15  designed to reduce adverse incidents, and whether the program

16  is appropriately reporting incidents under this section.  Only

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

18  under contract with the agency may conduct inspections to

19  determine whether a program meets the requirements of this

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

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

22  surrounding circumstances, is recognized as acceptable and

23  appropriate by reasonably prudent similar licensed risk

24  managers. By July 1, 2004, the agency shall employ or contract

25  with a minimum of three licensed risk managers in each

26  district to conduct inspections pursuant to this section.

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

28  465.019, Florida Statutes, is amended to read:

29         465.019  Institutional pharmacies; permits.--

30         (2)  The following classes of institutional pharmacies

31  are established:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  institutional pharmacies which employ the services of a

  3  registered pharmacist or pharmacists who, in practicing

  4  institutional pharmacy, shall provide dispensing and

  5  consulting services on the premises to patients of that

  6  institution and to patients receiving care in a hospice

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

  8  providing services on the premises of that institution, for

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

10  institutional pharmacy located in an area or county included

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

12  declared by the Governor may provide dispensing and consulting

13  services to individuals who are not patients of the

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

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

16  drug order under the supervision of a physician or charge

17  nurse, consistent with good institutional practice procedures.

18  The obtaining and administering of such single dose of a

19  medicinal drug shall be pursuant to drug-handling procedures

20  established by a consultant pharmacist.  Medicinal drugs may

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

22  accordance with the provisions of this section.

23         Section 16.  Paragraph (a) of subsection (2) of section

24  499.007, Florida Statutes, is amended to read:

25         499.007  Misbranded drug or device.--A drug or device

26  is misbranded:

27         (2)  Unless, if in package form, it bears a label

28  containing:

29         (a)  The name and place of business of the manufacturer

30  or distributor; in addition, for a medicinal drug, as defined

31  in s. 499.003, the label must contain the name and place of

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  business of the manufacturer of the finished dosage form of

  2  the drug.  For the purpose of this paragraph, the finished

  3  dosage form of a medicinal drug is that form of the drug which

  4  is, or is intended to be, dispensed or administered to the

  5  patient and requires no further manufacturing or processing

  6  other than packaging, reconstitution, and labeling; and

  7         Section 17.  Responsiveness to emergencies and

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

  9  it is critical that Florida be prepared to respond

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

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

12  a need to better educate health care practitioners on diseases

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

14  and chemical terrorism so that health care practitioners can

15  more effectively care for patients and better educate patients

16  as to prevention and treatment. Additionally, the Legislature

17  finds that not all health care practitioners have been

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

19  health care practitioners should be encouraged to obtain such

20  training. The Legislature finds that health care practitioners

21  who are willing to respond in emergencies or disasters should

22  not be penalized for providing their assistance.

23         Section 18.  Section 381.0011, Florida Statutes, is

24  amended to read:

25         381.0011  Duties and powers of the Department of

26  Health; authority of State Health Officer.--

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

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

29  the state through statewide data collection and other

30  appropriate means, with special attention to future needs that

31  may result from population growth, technological advancements,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  new societal priorities, or other changes.

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

  3  health of the state.

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

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

  6  public health mission and health status objectives to direct

  7  the use of public health resources with an emphasis on

  8  prevention.

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

10  to sanitation, control of communicable diseases, illnesses and

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

12  the general health of the people of the state.

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

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

15  suppression of communicable and other diseases, illnesses,

16  injuries, and hazards to human health.

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

18  quarantine of persons, animals, and premises as the

19  circumstances indicate for controlling communicable diseases

20  or providing protection from unsafe conditions that pose a

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

22  392.545-392.60.

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

24  conditions and procedures for imposing and releasing a

25  quarantine. The rules must include provisions related to:

26         a.1.  The closure of premises.

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

28  infected with a communicable disease.

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

30  vaccination, for communicable disease required prior to

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  quarantine.

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

  3  suspected of having a disease transmissible to humans.

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

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

  6  or premises.

  7         g.  Methods of quarantine.

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

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

10  state except by authority of the department.

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

12  of the incidence, causes, modes of propagation and

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

14  diseases, illnesses, and hazards to human health.

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

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

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

18  department shall conduct a workshop before issuing any health

19  alert or advisory relating to food-borne illness or

20  communicable disease in public lodging or food service

21  establishments in order to inform persons, trade associations,

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

23  input of affected persons, trade associations, and businesses

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

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

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

27  or advisory.

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

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

30  officials in enforcing public health laws and regulations.

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  officials, and private boards and organizations for the

  2  improvement and preservation of the public health.

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

  4  officials, and private organizations in developing and

  5  implementing a statewide injury control program.

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

  7  120.54 to implement the provisions of law conferring duties

  8  upon it.  This paragraph subsection does not authorize the

  9  department to require a permit or license unless such

10  requirement is specifically provided by law.

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

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

13  following actions to protect the public health:

14         (a)  Notwithstanding chapters 465 and 499 and rules

15  adopted thereunder, the State Health Officer may direct

16  pharmacists employed by the department to compound bulk

17  prescription drugs and provide these bulk prescription drugs

18  to county health department physicians, physician assistants,

19  and nurses for administration to persons as part of a

20  prophylactic or treatment regimen when there is a significant

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

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

23  chemical terrorism.

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

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

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

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

28         1.  Directing Florida manufacturers and wholesalers of

29  prescription and over-the-counter drugs permitted under

30  chapter 499 to give priority to shipping such drugs to

31  pharmacies and health care providers located in geographic

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  areas identified by the State Health Officer. Florida

  2  manufacturers and wholesalers must respond to the State Health

  3  Officer's priority shipping directive before shipping the

  4  specified drugs to other pharmacies or health care providers

  5  in Florida.

  6         2.  Notwithstanding s. 456.036, temporarily

  7  reactivating the inactive licenses of physicians licensed

  8  under chapter 458 or chapter 459; physician assistants

  9  licensed under chapter 458 or chapter 459; licensed practical

10  nurses, registered nurses, and advanced registered nurse

11  practitioners licensed under chapter 464; respiratory

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

13  medical technicians and paramedics licensed under chapter 401

14  when such practitioners are needed to respond to the public

15  health emergency. Only those licensees referenced in this

16  subparagraph who request reactivation and have unencumbered

17  inactive licenses are eligible for reactivation.  Any inactive

18  license reactivated pursuant to this subparagraph shall return

19  to inactive status when the public health emergency ends or

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

21  Health Officer determines that the health care practitioner is

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

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

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

25  401. If a physician assistant or advanced registered nurse

26  practitioner requests reactivation and volunteers during the

27  declared public health emergency, the county health department

28  medical director, if appropriate, shall serve as the

29  supervising physician for the physician assistant and shall be

30  authorized to delegate acts of medical diagnosis and treatment

31  to the advanced registered nurse practitioner.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         3.  Notwithstanding any law to the contrary, compelling

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

  3  quarantined for communicable diseases that have significant

  4  morbidity or mortality and present a severe danger to public

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

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

  7  with the Governor.

  8         a.  Examination, testing, vaccination, or treatment may

  9  be performed by any qualified person authorized by the State

10  Health Officer. Individuals who are unable or unwilling to be

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

12  health, religion, or conscience may be subjected to

13  quarantine.

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

15  the State Health Officer may subject the individual to

16  quarantine. If there is no practicable method to quarantine

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

18  necessary to vaccinate or treat the individual.

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

20  effectuate this subparagraph shall be immediately enforceable

21  by law enforcement.

22

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

24  request on a volunteer basis during a public health emergency

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

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

27         Section 19.  Section 381.00315, Florida Statutes, is

28  amended to read:

29         381.00315  Public health advisories; public health

30  emergencies.--The State Health Officer is responsible for

31  declaring public health emergencies and issuing public health

                                  20

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  advisories.

  2         (1)  As used in this section, the term:

  3         (a)  "Public health advisory" means any warning or

  4  report giving information to the public about a potential

  5  public health threat. Prior to issuing any public health

  6  advisory, the State Health Officer must consult with any state

  7  or local agency regarding areas of responsibility which may be

  8  affected by such advisory.  Upon determining that issuing a

  9  public health advisory is necessary to protect the public

10  health and safety, and prior to issuing the advisory, the

11  State Health Officer must notify each county health department

12  within the area which is affected by the advisory of the State

13  Health Officer's intent to issue the advisory.  The State

14  Health Officer is authorized to take any action appropriate to

15  enforce any public health advisory.

16         (b)  "Public health emergency" means any occurrence, or

17  threat thereof, whether natural or manmade, which results or

18  may result in substantial injury or harm to the public health

19  from infectious disease, chemical agents, nuclear agents,

20  biological toxins, or situations involving mass casualties or

21  natural disasters. Prior to declaring a public health

22  emergency, the State Health Officer shall, to the extent

23  possible, consult with the Governor and shall notify the Chief

24  of Domestic Security Initiatives as created in s. 943.03. The

25  declaration of a public health emergency shall continue until

26  the State Health Officer finds that the threat or danger has

27  been dealt with to the extent that the emergency conditions no

28  longer exist and he or she terminates the declaration.

29  However, a declaration of a public health emergency may not

30  continue for longer than 60 days unless the Governor concurs

31  in the renewal of the declaration.

                                  21

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         Section 20.  Section 381.0034, Florida Statutes, is

  2  amended to read:

  3         381.0034  Requirement for instruction on conditions

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

  5  human immunodeficiency virus and acquired immune deficiency

  6  syndrome.--

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

  8  require each person licensed or certified under chapter 401,

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

10  condition of biennial relicensure, to complete an educational

11  course approved by the department on conditions caused by

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

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

14  transmission, infection control procedures, and clinical

15  management. Such course shall also include information on

16  reporting suspected cases of conditions caused by nuclear,

17  biological, or chemical terrorism to the appropriate health

18  and law enforcement authorities, and prevention of human

19  immunodeficiency virus and acquired immune deficiency

20  syndrome. Such course shall include information on current

21  Florida law on acquired immune deficiency syndrome and its

22  impact on testing, confidentiality of test results, and

23  treatment of patients. Each such licensee or certificateholder

24  shall submit confirmation of having completed said course, on

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

26  application for each biennial renewal.

27         (2)  Failure to complete the requirements of this

28  section shall be grounds for disciplinary action contained in

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

30  discipline by the department, the licensee or

31  certificateholder shall be required to complete the required

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  said course or courses.

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

  3  granting a license under the chapters specified in subsection

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

  5  licensure complete respective an educational courses course

  6  acceptable to the department on conditions caused by nuclear,

  7  biological, and chemical terrorism and on human

  8  immunodeficiency virus and acquired immune deficiency

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

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

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

12  requirement.

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

14  rules to carry out the provisions of this section.

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

16  certificates subject to the provisions of this section shall

17  be permitted to show proof of having taken one

18  department-approved course on conditions caused by nuclear,

19  biological, and chemical terrorism human immunodeficiency

20  virus and acquired immune deficiency syndrome, for purposes of

21  relicensure or recertification for the additional licenses.

22         Section 21.  Section 381.0035, Florida Statutes, is

23  amended to read:

24         381.0035  Educational courses course on human

25  immunodeficiency virus and acquired immune deficiency syndrome

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

27  terrorism; employees and clients of certain health care

28  facilities.--

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

30  employees and clients of facilities licensed under chapters

31  393, 394, and 397 and employees of facilities licensed under

                                  23

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  complete, biennially, a continuing educational course on the

  3  modes of transmission, infection control procedures, clinical

  4  management, and prevention of human immunodeficiency virus and

  5  acquired immune deficiency syndrome with an emphasis on

  6  appropriate behavior and attitude change. Such instruction

  7  shall include information on current Florida law and its

  8  impact on testing, confidentiality of test results, and

  9  treatment of patients and any protocols and procedures

10  applicable to human immunodeficiency counseling and testing,

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

12  partner notification issues pursuant to ss. 381.004 and

13  384.25.

14         (b)  The department shall require all employees of

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

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

17  biennially, a continuing educational course on conditions

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

19  course shall consist of education on diagnosis and treatment,

20  modes of transmission, infection control procedures, and

21  clinical management. Such course shall also include

22  information on reporting suspected cases of conditions caused

23  by nuclear, biological, or chemical terrorism to the

24  appropriate health and law enforcement authorities.

25         (2)  New employees of facilities licensed under

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

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

28  immunodeficiency virus and acquired immune deficiency

29  syndrome, with instruction to include information on current

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

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

                                  24

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  facilities shall also be required to complete a course on

  2  conditions caused by nuclear, biological, and chemical

  3  terrorism, with instruction to include information on

  4  reporting suspected cases to the appropriate health and law

  5  enforcement authorities.

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

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

  8  maintain a record of employees and dates of attendance at

  9  human immunodeficiency virus and acquired immune deficiency

10  syndrome educational courses on human immunodeficiency virus

11  and acquired immune deficiency syndrome and on conditions

12  caused by nuclear, biological, and chemical terrorism.

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

14  the records of each facility to determine compliance with the

15  requirements of this section.  The department may adopt rules

16  to carry out the provisions of this section.

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

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

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

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

21  on conditions caused by nuclear, biological, and chemical

22  terrorism in the immediately preceding biennium.

23         Section 22.  Section 381.0421, Florida Statutes, is

24  created to read:

25         381.0421  Vaccination against meningococcal meningitis

26  and hepatitis B.--

27         (1)  A postsecondary educational institution shall

28  provide detailed information concerning the risks associated

29  with meningococcal meningitis and hepatitis B and the

30  availability, effectiveness, and known contraindications of

31  any required or recommended vaccine against meningococcal

                                  25

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

  3  has been accepted for admission.

  4         (2)  An individual enrolled in a postsecondary

  5  educational institution who will be residing in on-campus

  6  housing shall provide documentation of vaccinations against

  7  meningococcal meningitis and hepatitis B unless the

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

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

10  minor, declines the vaccinations by signing a separate waiver

11  for each of these vaccines provided by the institution

12  acknowledging receipt and review of the information provided.

13         (3)  This section does not require any postsecondary

14  educational institution to provide or pay for vaccinations

15  against meningococcal meningitis or hepatitis B.

16         Section 23.  Subsection (4) of section 395.1027,

17  Florida Statutes, is amended to read:

18         395.1027  Regional poison control centers.--

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

20  center shall develop a prehospital emergency dispatch protocol

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

22  geographic area covered by the regional poison control center.

23  The prehospital emergency dispatch protocol shall be developed

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

25  designated regional poison control center responsible for the

26  geographic area in which the licensee operates. The protocol

27  shall define toxic substances and describe the procedure by

28  which the designated regional poison control center may be

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

30  designated regional poison control center in accordance with

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

                                  26

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  the designated regional poison control center shall assume

  2  responsibility and liability for the call.

  3         Section 24.  Section 401.23, Florida Statutes, is

  4  amended to read:

  5         401.23  Definitions.--As used in this part, the term:

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

  7  and techniques described in the most recent United States

  8  Department of Transportation National Standard Paramedic

  9  Curriculum by a paramedic under the supervision of a

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

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

12  other techniques that have been approved and are performed

13  under conditions specified by rules of the department. The

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

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

16  director to a person experiencing an emergency medical

17  condition as defined in subsection (11) treatment of

18  life-threatening medical emergencies through the use of

19  techniques such as endotracheal intubation, the administration

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

21  and cardiac defibrillation by a qualified person, pursuant to

22  rules of the department.

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

24  emergency medical transport or nontransport service which uses

25  advanced life support techniques.

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

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

28  transportation of sick or injured persons requiring or likely

29  to require medical attention during transport.

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

31  privately owned service, licensed in accordance with the

                                  27

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  provisions of this part, which operates air ambulances to

  2  transport persons requiring or likely to require medical

  3  attention during transport.

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

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

  6  vehicle that is designed, constructed, reconstructed,

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

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

  9  or injured persons requiring or likely to require medical

10  attention during transport.

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

12  requirements of s. 401.281.

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

14  techniques described in the most recent United States

15  Department of Transportation National Standard EMT-Basic

16  Curriculum by an emergency medical technician or paramedic

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

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

19  support" also includes other techniques that have been

20  approved and are performed under conditions specified by rules

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

22  provision of care by a paramedic or emergency medical

23  technician under the supervision of a licensee's medical

24  director to a person experiencing an emergency medical

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

26  emergencies by a qualified person through the use of

27  techniques such as patient assessment, cardiopulmonary

28  resuscitation (CPR), splinting, obstetrical assistance,

29  bandaging, administration of oxygen, application of medical

30  antishock trousers, administration of a subcutaneous injection

31  using a premeasured autoinjector of epinephrine to a person

                                  28

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  suffering an anaphylactic reaction, and other techniques

  2  described in the Emergency Medical Technician Basic Training

  3  Course Curriculum of the United States Department of

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

  5  other techniques which have been approved and are performed

  6  under conditions specified by rules of the department.

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

  8  medical service which uses only basic life support techniques.

  9         (9)  "Certification" means any authorization issued

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

11  medical technician or a paramedic.

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

13         (11)  "Emergency medical condition" means:

14         (a)  A medical condition manifesting itself by acute

15  symptoms of sufficient severity, which may include severe

16  pain, psychiatric disturbances, symptoms of substance abuse,

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

18  medical attention could reasonably be expected to result in

19  any of the following:

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

21  including a pregnant woman or fetus.

22         2.  Serious impairment to bodily functions.

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

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

25  evidence of the onset and persistence of uterine contractions

26  or rupture of the membranes.

27         (c)  With respect to a person exhibiting acute

28  psychiatric disturbance or substance abuse, that the absence

29  of immediate medical attention could reasonably be expected to

30  result in:

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

                                  29

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         2.  Serious jeopardy to the health of others.

  2         (12)(11)  "Emergency medical technician" means a person

  3  who is certified by the department to perform basic life

  4  support pursuant to this part.

  5         (13)(12)  "Interfacility transfer" means the

  6  transportation by ambulance of a patient between two

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

  8  400, pursuant to this part.

  9         (14)(13)  "Licensee" means any basic life support

10  service, advanced life support service, or air ambulance

11  service licensed pursuant to this part.

12         (15)(14)  "Medical direction" means direct supervision

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

14  such voice communication is unavailable, through established

15  standing orders, pursuant to rules of the department.

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

17  employed or contracted by a licensee and who provides medical

18  supervision, including appropriate quality assurance but not

19  including administrative and managerial functions, for daily

20  operations and training pursuant to this part.

21         (17)(16)  "Mutual aid agreement" means a written

22  agreement between two or more entities whereby the signing

23  parties agree to lend aid to one another under conditions

24  specified in the agreement and as sanctioned by the governing

25  body of each affected county.

26         (18)(17)  "Paramedic" means a person who is certified

27  by the department to perform basic and advanced life support

28  pursuant to this part.

29         (19)(18)  "Permit" means any authorization issued

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

31  life support or advanced life support transport vehicle or an

                                  30

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  advanced life support nontransport vehicle providing basic or

  2  advanced life support.

  3         (20)(19)  "Physician" means a practitioner who is

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

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

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

  7  prior to or during transportation to a United States

  8  Department of Veterans Affairs medical facility, "physician"

  9  also means a practitioner employed by the United States

10  Department of Veterans Affairs.

11         (21)(20)  "Registered nurse" means a practitioner who

12  is licensed to practice professional nursing pursuant to part

13  I of chapter 464.

14         (22)(21)  "Secretary" means the Secretary of Health.

15         (23)(22)  "Service location" means any permanent

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

17  conducts business under this part.

18         Section 25.  Paragraph (b) of subsection (2) of section

19  401.245, Florida Statutes, is amended to read:

20         401.245  Emergency Medical Services Advisory Council.--

21         (2)

22         (b)  Representation on the Emergency Medical Services

23  Advisory Council shall include:  two licensed physicians who

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

25  whose medical practice is closely related to emergency medical

26  services; two emergency medical service administrators, one of

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

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

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

30  fire service; one emergency medical services educator; one

31  emergency nurse; one hospital administrator; one

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  representative of air ambulance services; one representative

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

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

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

  5  the advisory council from state agencies shall include, but

  6  shall not be limited to, representatives from the Department

  7  of Education, the Department of Management Services, the

  8  Department of Insurance, the Department of Highway Safety and

  9  Motor Vehicles, the Department of Transportation, and the

10  Department of Community Affairs.

11         Section 26.  Subsection (1) of section 401.252, Florida

12  Statutes, is amended to read:

13         401.252  Interfacility transfer.--

14         (1)  A licensed basic or advanced life support

15  ambulance service may conduct interfacility transfers in a

16  permitted ambulance, using a registered nurse or physician

17  assistant in place of an emergency medical technician or

18  paramedic, if:

19         (a)  The registered nurse or physician assistant holds

20  a current certificate of successful course completion in

21  advanced cardiac life support;

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

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

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

25  condition appropriate to this type of ambulance staffing; and

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

27  part I of chapter 464 or the physician assistant operates

28  within the physician assistant's scope of practice under

29  chapter 458 or chapter 459.

30         Section 27.  Subsection (6) of section 401.27, Florida

31  Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         401.27  Personnel; standards and certification.--

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

  3  procedure for biennial renewal certification of emergency

  4  medical technicians. Such rules must require a United States

  5  Department of Transportation refresher training program of at

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

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

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

  9  offered in multiple presentations spread over the 2-year

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

11  requirement may be satisfied by passing a challenge

12  examination.

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

14  for biennial renewal certification of paramedics.  Such rules

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

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

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

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

19  continuing education requirement may be satisfied by passing a

20  challenge examination.

21         Section 28.  Section 456.033, Florida Statutes, is

22  amended to read:

23         456.033  Requirement for instruction for certain

24  licensees on conditions caused by nuclear, biological, and

25  chemical terrorism and on HIV and AIDS.--

26         (1)  The appropriate board shall require each person

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

28  459; chapter 460; chapter 461; chapter 463; part I of chapter

29  464; chapter 465; chapter 466; part II, part III, part V, or

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

31  educational course, approved by the board, on conditions

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  caused by nuclear, biological, and chemical terrorism human

  2  immunodeficiency virus and acquired immune deficiency syndrome

  3  as part of biennial relicensure or recertification. The course

  4  shall consist of education on diagnosis and treatment, the

  5  modes of transmission, infection control procedures, and

  6  clinical management. Such course shall also include

  7  information on reporting suspected cases of conditions caused

  8  by nuclear, biological, or chemical terrorism to the

  9  appropriate health and law enforcement authorities, and

10  prevention of human immunodeficiency virus and acquired immune

11  deficiency syndrome. Such course shall include information on

12  current Florida law on acquired immune deficiency syndrome and

13  its impact on testing, confidentiality of test results,

14  treatment of patients, and any protocols and procedures

15  applicable to human immunodeficiency virus counseling and

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

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

18  and 384.25.

19         (2)  Each such licensee or certificateholder shall

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

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

22  biennial renewal.

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

24  additional equivalent courses that may be used to satisfy the

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

26  requires a licensee to complete an educational course pursuant

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

28  the course included in the total continuing educational

29  requirements as required by law.

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

31  the provisions of this section shall be permitted to show

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  caused by nuclear, biological, and chemical terrorism human

  3  immunodeficiency virus and acquired immune deficiency

  4  syndrome, for purposes of relicensure or recertification for

  5  additional licenses.

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

  7  this section shall constitute grounds for disciplinary action

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

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

10  required to complete the required course or courses.

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

12  a license under the chapters and parts specified in subsection

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

14  complete respective an educational courses course acceptable

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

16  chemical terrorism and on human immunodeficiency virus and

17  acquired immune deficiency syndrome. An applicant who has not

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

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

20  complete this requirement.

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

22  to carry out the provisions of this section.

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

24  1 of each year as to the implementation and compliance with

25  the requirements of this section.

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

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

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

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

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

31  and chemical terrorism in the immediately preceding biennium.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

  3  completed an approved AIDS/HIV course in the immediately

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

  5  of Dentistry.

  6         Section 29.  Subsection (3) is added to section

  7  381.003, Florida Statutes, to read:

  8         381.003  Communicable disease and AIDS prevention and

  9  control.--

10         (3)  The department shall by rule adopt the

11  blood-borne-pathogen standard set forth in subpart Z of 29

12  C.F.R. part 1910, as amended by Pub. L. No. 106-430, which

13  shall apply to all public-sector employers. The department

14  shall compile and maintain a list of existing needleless

15  systems and sharps with engineered sharps-injury protection

16  which shall be available to assist employers, including the

17  department and the Department of Corrections, in complying

18  with the applicable requirements of the blood-borne-pathogen

19  standard. The list may be developed from existing sources of

20  information, including, without limitation, the United States

21  Food and Drug Administration, the Centers for Disease Control

22  and Prevention, the Occupational Safety and Health

23  Administration, and the United States Department of Veterans

24  Affairs.

25         Section 30.  Section 456.0345, Florida Statutes, is

26  created to read:

27         456.0345  Life support training.--Health care

28  practitioners who obtain training in advanced cardiac life

29  support, cardiopulmonary resuscitation, or emergency first aid

30  shall receive an equivalent number of continuing education

31  course credits which may be applied toward licensure renewal

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  requirements.

  2         Section 31.  Paragraph (e) of subsection (1) of section

  3  456.072, Florida Statutes, is amended to read:

  4         456.072  Grounds for discipline; penalties;

  5  enforcement.--

  6         (1)  The following acts shall constitute grounds for

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

  8  be taken:

  9         (e)  Failing to comply with the educational course

10  requirements for conditions caused by nuclear, biological, and

11  chemical terrorism or for human immunodeficiency virus and

12  acquired immune deficiency syndrome.

13         Section 32.  Section 456.38, Florida Statutes, is

14  amended to read:

15         456.38  Practitioner registry for disasters and

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

17  its application and renewal forms for the licensure or

18  certification of health care practitioners licensed pursuant

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

20  468, as defined in s. 456.001, who could assist the department

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

22  practitioner would be available to provide health care

23  services in special needs shelters or to help staff disaster

24  medical assistance teams during times of emergency or major

25  disaster. The names of practitioners who answer affirmatively

26  shall be maintained by the department as a health care

27  practitioner registry for disasters and emergencies. A health

28  care practitioner who volunteers his or her services in a

29  special needs shelter or as part of a disaster medical

30  assistance team during a time of emergency or disaster shall

31  not be terminated or discriminated against by his or her

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  employer for such volunteer work, provided that the health

  2  care practitioner returns to his or her regular employment

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

  4  previously approved by the employer in writing.

  5         Section 33.  Subsection (4) of section 458.319, Florida

  6  Statutes, is amended to read:

  7         458.319  Renewal of license.--

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

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

10  care and palliative care in lieu of continuing education in

11  conditions caused by nuclear, biological, and chemical

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

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

14  biological, and chemical terrorism in the immediately

15  preceding biennium.

16         Section 34.  Subsection (5) of section 459.008, Florida

17  Statutes, is amended to read:

18         459.008  Renewal of licenses and certificates.--

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

20  osteopathic physician may complete continuing education on

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

22  education in conditions caused by nuclear, biological, and

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

24  the AIDS/HIV continuing education in conditions caused by

25  nuclear, biological, and chemical terrorism in the immediately

26  preceding biennium.

27         Section 35.  Subsection (4) is added to section

28  401.2715, Florida Statutes, to read:

29         401.2715  Recertification training of emergency medical

30  technicians and paramedics.--

31         (4)  Any certified emergency medical technician or

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  paramedic may, as a condition of recertification, complete up

  2  to 8 hours of training to respond to terrorism, as defined in

  3  s. 775.30, and such hours completed may be substituted on an

  4  hour-for-hour basis for any other areas of training required

  5  for recertification. The department may adopt rules necessary

  6  to administer this subsection.

  7         Section 36.  Subsection (1) of section 633.35, Florida

  8  Statutes, is amended to read:

  9         633.35  Firefighter training and certification.--

10         (1)  The division shall establish a firefighter

11  training program of not less than 360 hours, administered by

12  such agencies and institutions as it approves for the purpose

13  of providing basic employment training for firefighters. Any

14  firefighter may, as a condition of certification, complete up

15  to 8 hours of training to respond to terrorism, as defined in

16  s. 775.30, and such hours completed may be substituted on an

17  hour-for-hour basis for any other areas of training required

18  for certification. The division may adopt rules necessary to

19  administer this subsection. Nothing herein shall require a

20  public employer to pay the cost of such training.

21         Section 37.  Subsection (1) of section 943.135, Florida

22  Statutes, is amended to read:

23         943.135  Requirements for continued employment.--

24         (1)  The commission shall, by rule, adopt a program

25  that requires all officers, as a condition of continued

26  employment or appointment as officers, to receive periodic

27  commission-approved continuing training or education. Such

28  continuing training or education shall be required at the rate

29  of 40 hours every 4 years, up to 8 hours of which may consist

30  of training to respond to terrorism as defined in s. 775.30.

31  No officer shall be denied a reasonable opportunity by the

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  employing agency to comply with this section.  The employing

  2  agency must document that the continuing training or education

  3  is job-related and consistent with the needs of the employing

  4  agency. The employing agency must maintain and submit, or

  5  electronically transmit, the documentation to the commission,

  6  in a format approved by the commission.  The rule shall also

  7  provide:

  8         (a)  Assistance to an employing agency in identifying

  9  each affected officer, the date of his or her employment or

10  appointment, and his or her most recent date for successful

11  completion of continuing training or education;

12         (b)  A procedure for reactivation of the certification

13  of an officer who is not in compliance with this section; and

14         (c)  A remediation program supervised by the training

15  center director within the geographic area for any officer who

16  is attempting to comply with the provisions of this subsection

17  and in whom learning disabilities are identified.  The officer

18  shall be assigned nonofficer duties, without loss of employee

19  benefits, and the program shall not exceed 90 days.

20         Section 38.  Subsections (1), (2), and (6) of section

21  765.512, Florida Statutes, are amended to read:

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

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

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

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  anatomical gift from being made.

  2         (2)  If the decedent has executed an agreement

  3  concerning an anatomical gift, by including signing an organ

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

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

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

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

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

  9  contrary indications by the decedent, the document is evidence

10  of legally sufficient informed consent to donate an anatomical

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

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

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

14  s. 765.510.

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

16         (a)  Any examination necessary to assure medical

17  acceptability of the gift for the purposes intended.

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

19  third party to furnish medical records requested concerning

20  the decedent's medical and social history.

21         Section 39.  Subsection (1) of section 765.516, Florida

22  Statutes, is amended to read:

23         765.516  Amendment of the terms of or the revocation of

24  the gift.--

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

26  anatomical gift by:

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

28  signed statement.

29         (b)  An oral statement that is:

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

31         2.  made in the presence of two persons and

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  communicated to the donor's family or attorney or to the

  2  donee.

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

  4  addressed to an attending physician, who must communicate the

  5  revocation of the gift to the procurement organization that is

  6  certified by the state.

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

  8  person or in the donor's effects.

  9         Section 40.  Subsection (5) of section 456.073, Florida

10  Statutes, is amended to read:

11         456.073  Disciplinary proceedings.--Disciplinary

12  proceedings for each board shall be within the jurisdiction of

13  the department.

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

15  judge from the Division of Administrative Hearings shall be

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

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

18  administrative complaint.  The administrative law judge shall

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

20  party raises an issue of disputed fact during an informal

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

22  pursuant to chapter 120 shall be held.

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

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

25  petition or request for a hearing that the department has

26  determined requires a formal hearing before an administrative

27  law judge.

28         Section 41.  The Office of Program Policy Analysis and

29  Government Accountability and the Auditor General shall

30  conduct a joint audit of all hearings and billings therefor

31  conducted by the Division of Administrative Hearings for all

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  state agencies and nonstate agencies and shall present a

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

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

  4  contains findings and recommendations regarding the manner in

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

  6  recommend alternative billing formulas.

  7         Section 42.  Subsection (7) is added to section

  8  456.076, Florida Statutes, to read:

  9         456.076  Treatment programs for impaired

10  practitioners.--

11         (7)  Each licensee participating in an impaired

12  practitioner program pursuant to this section shall pay a

13  portion of the costs of the consultant and impaired

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

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

16  finds the licensee to be financially unable to pay in

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

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

19  impaired practitioner program and the impaired practitioner.

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

21  contract, unless prior arrangements have been made with the

22  impaired practitioner program.  If the licensee has entered

23  the impaired practitioner program as a result of a

24  disciplinary investigation, such payment shall be included in

25  the final order imposing discipline.  The remaining costs

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

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

28  licensee shall pay the full cost of the approved treatment

29  program or other treatment plan required by the impaired

30  practitioner program, unless private funds are available to

31  assist with such payment.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         Section 43.  Section 456.047, Florida Statutes, is

  2  repealed.

  3         Section 44.  All revenues associated with s. 456.047,

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

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

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

  7         Section 45.  Paragraph (d) of subsection (4) of section

  8  456.039, Florida Statutes, is amended to read:

  9         456.039  Designated health care professionals;

10  information required for licensure.--

11         (4)

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

13  licensure as a health care practitioner who submits to the

14  Department of Health a set of fingerprints or information

15  required for the criminal history check required under this

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

17  fingerprints or other duplicate information required for a

18  criminal history check to the Agency for Health Care

19  Administration, the Department of Juvenile Justice, or the

20  Department of Children and Family Services for employment or

21  licensure with such agency or department if the applicant has

22  undergone a criminal history check as a condition of initial

23  licensure or licensure renewal as a health care practitioner

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

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

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

27  Administration, the Department of Juvenile Justice, and the

28  Department of Children and Family Services shall obtain

29  criminal history information for employment or licensure of

30  health care practitioners by such agency and departments from

31  the Department of Health Health's health care practitioner

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  credentialing system.

  2         Section 46.  Paragraph (d) of subsection (4) of section

  3  456.0391, Florida Statutes, is amended to read:

  4         456.0391  Advanced registered nurse practitioners;

  5  information required for certification.--

  6         (4)

  7         (d)  Any applicant for initial certification or renewal

  8  of certification as an advanced registered nurse practitioner

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

10  and information required for the criminal history check

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

12  subsequent set of fingerprints or other duplicate information

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

14  Care Administration, the Department of Juvenile Justice, or

15  the Department of Children and Family Services for employment

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

17  has undergone a criminal history check as a condition of

18  initial certification or renewal of certification as an

19  advanced registered nurse practitioner with the Department of

20  Health, notwithstanding any other provision of law to the

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

22  Health Care Administration, the Department of Juvenile

23  Justice, and the Department of Children and Family Services

24  shall obtain criminal history information for employment or

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

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

27  care practitioner credentialing system.

28         Section 47.  Paragraph (v) of subsection (1) of section

29  456.072, Florida Statutes, is amended to read:

30         456.072  Grounds for discipline; penalties;

31  enforcement.--

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         (1)  The following acts shall constitute grounds for

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

  3  be taken:

  4         (v)  Failing to comply with the requirements for

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

  6  failing to provide initial information, failing to timely

  7  provide updated information, or making misleading, untrue,

  8  deceptive, or fraudulent representations on a profile,

  9  credentialing, or initial or renewal licensure application.

10         Section 48.  Subsection (2) of section 456.077, Florida

11  Statutes, is amended to read:

12         456.077  Authority to issue citations.--

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

14  shall adopt rules designating violations for which a citation

15  may be issued. Such rules shall designate as citation

16  violations those violations for which there is no substantial

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

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

19  continuing education requirements; failure to timely pay

20  required fees and fines; failure to comply with the

21  requirements of ss. 381.026 and 381.0261 regarding the

22  dissemination of information regarding patient rights; failure

23  to comply with advertising requirements; failure to timely

24  update practitioner profile and credentialing files; failure

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

26  required reference books available; and all other violations

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

28  safety of the patient.

29         Section 49.  Subsection (3) of section 458.309, Florida

30  Statutes, is amended to read:

31         458.309  Authority to make rules.--

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         (3)  All physicians who perform level 2 procedures

  2  lasting more than 5 minutes and all level 3 surgical

  3  procedures in an office setting must register the office with

  4  the department unless that office is licensed as a facility

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

  6  this subsection to be registered must be The department shall

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

  8  accredited by a nationally recognized accrediting agency

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

10  organization subsequently approved by the Board of Medicine by

11  rule.  Each office registered but not accredited as required

12  by this subsection must achieve full and unconditional

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

14  unconditional accreditation as long as procedures described in

15  this subsection that require the office to be registered and

16  accredited are performed.  Accreditation reports shall be

17  submitted to the department. The actual costs for registration

18  and inspection or accreditation shall be paid by the person

19  seeking to register and operate the office setting in which

20  office surgery is performed.  The board may adopt rules

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

22  subsection.

23         Section 50.  Subsection (2) of section 459.005, Florida

24  Statutes, is amended to read:

25         459.005  Rulemaking authority.--

26         (2)  All osteopathic physicians who perform level 2

27  procedures lasting more than 5 minutes and all level 3

28  surgical procedures in an office setting must register the

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

30  facility pursuant to chapter 395.  Each office that is

31  required under this subsection to be registered must be The

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  department shall inspect the physician's office annually

  2  unless the office is accredited by a nationally recognized

  3  accrediting agency approved by the Board of Medicine or the

  4  Board of Osteopathic Medicine by rule or an accrediting

  5  organization subsequently approved by the Board of Medicine or

  6  the Board of Osteopathic Medicine by rule.  Each office

  7  registered but not accredited as required by this subsection

  8  must achieve full and unconditional accreditation no later

  9  than July 1, 2003, and must maintain unconditional

10  accreditation as long as procedures described in this

11  subsection that require the office to be registered and

12  accredited are performed.  Accreditation reports shall be

13  submitted to the department.  The actual costs for

14  registration and inspection or accreditation shall be paid by

15  the person seeking to register and operate the office setting

16  in which office surgery is performed.  The Board of

17  Osteopathic Medicine may adopt rules pursuant to ss.

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

19         Section 51.  Subsections (11) and (12) are added to

20  section 456.004, Florida Statutes, to read:

21         456.004  Department; powers and duties.--The

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

23         (11)  Require objective performance measures for all

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

25  executive directors that reflect the expected quality and

26  quantity of services.

27         (12)  Consider all board requests to use private

28  vendors for particular regulatory functions.  In considering a

29  board request, the department shall conduct an analysis to

30  determine if the function could be appropriately and

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

  3  particular regulatory function and the board has a positive

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

  5  the service.  The contract shall include objective performance

  6  measures that reflect the expected quality and quantity of the

  7  service and shall include a provision that terminates the

  8  contract if the service falls below expected levels.  For

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

10  defined to include licensure, licensure renewal, examination,

11  complaint analysis, investigation, or prosecution.

12         Section 52.  Subsection (1) of section 456.009, Florida

13  Statutes, is amended to read:

14         456.009  Legal and investigative services.--

15         (1)  The department shall provide board counsel for

16  boards within the department by contracting with the

17  Department of Legal Affairs, by retaining private counsel

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

19  counsel. The primary responsibility of board counsel shall be

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

21  board shall provide for the periodic review and evaluation of

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

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

24  department to implement this chapter, subject to the

25  provisions of s. 456.025. All contracts for independent

26  counsel shall provide for periodic review and evaluation by

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

28  and investigative services shall be reviewed by the department

29  annually to determine if such services are meeting the

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

31  contracts for legal and investigative services must include

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  objective performance measures that reflect the expected

  2  quality and quantity of the contracted services.

  3         Section 53.  Subsection (6) is added to section

  4  456.011, Florida Statutes, to read:

  5         456.011  Boards; organization; meetings; compensation

  6  and travel expenses.--

  7         (6)  Meetings of board committees, including probable

  8  cause panels, shall be conducted electronically unless held

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

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

11  particular committee meeting is expected to last more than 5

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

13  meeting, the chair of the committee may request special

14  permission from the director of the Division of Medical

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

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

17  committee determines that another location is necessary due to

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

19  director authorizes the additional costs, if any.

20         Section 54.  Subsection (11) is added to section

21  456.026, Florida Statutes, to read:

22         456.026  Annual report concerning finances,

23  administrative complaints, disciplinary actions, and

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

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

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

27  addition to finances and any other information the Legislature

28  may require, the report shall include statistics and relevant

29  information, profession by profession, detailing:

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

31  boards, and contracted entities required by the department to

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  description of any effort to improve the performance of such

  3  services.

  4         Section 55.  Section 458.3093, Florida Statutes, is

  5  created to read:

  6         458.3093  Licensure credentials verification.--All

  7  applicants for initial physician licensure pursuant to this

  8  chapter must submit their credentials to the Federation of

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

10  and the department shall only consider applications for

11  initial physician licensure pursuant to this chapter that have

12  been verified by the Federation of State Medical Boards

13  Credentials Verification Service or an equivalent program

14  approved by the board.

15         Section 56.  Section 459.0053, Florida Statutes, is

16  created to read:

17         459.0053  Licensure credentials verification.--All

18  applicants for initial osteopathic physician licensure

19  pursuant to this chapter must submit their credentials to the

20  Federation of State Medical Boards.  Effective January 1,

21  2003, the board and the department shall only consider

22  applications for initial osteopathic physician licensure

23  pursuant to this chapter that have been verified by the

24  Federation of State Medical Boards Credentials Verification

25  Service, the American Osteopathic Association, or an

26  equivalent program approved by the board.

27         Section 57.  Paragraph (t) of subsection (1) of section

28  458.331, Florida Statutes, is amended to read:

29         458.331  Grounds for disciplinary action; action by the

30  board and department.--

31         (1)  The following acts constitute grounds for denial

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  456.072(2):

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

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

  5  treatment which is recognized by a reasonably prudent similar

  6  physician as being acceptable under similar conditions and

  7  circumstances.  The board shall give great weight to the

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

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

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

11  malpractice within the previous 5-year period resulting in

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

13  the claimant in a judgment or settlement and which incidents

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

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

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

17  is recognized by a reasonably prudent similar physician as

18  being acceptable under similar conditions and circumstances,"

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

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

21  construed to require that a physician be incompetent to

22  practice medicine in order to be disciplined pursuant to this

23  paragraph.

24         Section 58.  Paragraph (x) of subsection (1) of section

25  459.015, Florida Statutes, is amended to read:

26         459.015  Grounds for disciplinary action; action by the

27  board and department.--

28         (1)  The following acts constitute grounds for denial

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

30  456.072(2):

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  and treatment which is recognized by a reasonably prudent

  3  similar osteopathic physician as being acceptable under

  4  similar conditions and circumstances. The board shall give

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

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

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

  8  claims for medical malpractice within the previous 5-year

  9  period resulting in indemnities being paid in excess of

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

11  settlement and which incidents involved negligent conduct by

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

13  malpractice" or "the failure to practice osteopathic medicine

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

15  recognized by a reasonably prudent similar osteopathic

16  physician as being acceptable under similar conditions and

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

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

19  shall be construed to require that an osteopathic physician be

20  incompetent to practice osteopathic medicine in order to be

21  disciplined pursuant to this paragraph.  A recommended order

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

23  finding a violation under this paragraph shall specify whether

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

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

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

27  is recognized as being acceptable under similar conditions and

28  circumstances," or any combination thereof, and any

29  publication by the board shall so specify.

30         Section 59.  Subsection (1) of section 627.912, Florida

31  Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         627.912  Professional liability claims and actions;

  2  reports by insurers.--

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

  4  each insurer or joint underwriting association providing

  5  professional liability insurance to a practitioner of medicine

  6  licensed under chapter 458, to a practitioner of osteopathic

  7  medicine licensed under chapter 459, to a podiatric physician

  8  licensed under chapter 461, to a dentist licensed under

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

10  crisis stabilization unit licensed under part IV of chapter

11  394, to a health maintenance organization certificated under

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

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

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

15  Department of Insurance any claim or action for damages for

16  personal injuries claimed to have been caused by error,

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

18  professional services or based on a claimed performance of

19  professional services without consent, if the claim resulted

20  in:

21         (a)  A final judgment in any amount.

22         (b)  A settlement in any amount.

23

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

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  days following the occurrence of any event listed in this

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

  4  Health shall review each report and determine whether any of

  5  the incidents that resulted in the claim potentially involved

  6  conduct by the licensee that is subject to disciplinary

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

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

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

10  without identifying licensees, on the reports it receives,

11  including final action taken on such reports by the Department

12  of Health or the appropriate regulatory board.

13         Section 60.  Subsections (14) and (15) are added to

14  section 456.073, Florida Statutes, to read:

15         456.073  Disciplinary proceedings.--Disciplinary

16  proceedings for each board shall be within the jurisdiction of

17  the department.

18         (14)  When the probable cause panel determines that

19  probable cause exists that a violation of law occurred but

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

21  probable cause as a result of mitigating circumstances, the

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

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

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

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

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

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

28  administrative complaint against the subject based on the

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

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  considered a final order of discipline.

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

  4  shall be closed within 14 days following the probable cause

  5  panel meeting at which such determination was made.  The

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

  7  subject within 14 days after such probable cause panel

  8  meeting.

  9         Section 61.  The Office of Program Policy Analysis and

10  Governmental Accountability shall review the investigative

11  field office structure and organization of the Agency for

12  Health Care Administration to determine the feasibility of

13  eliminating all or some field offices, the feasibility of

14  combining field offices, and the feasibility of requiring

15  field inspectors and investigators to telecommute from home in

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

17  agency programs that have field offices, including health

18  practitioner regulation even if health practitioner regulation

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

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

21  Senate and the Speaker of the House of Representatives no

22  later than January 1, 2003.

23         Section 62.  Subsection (1) of section 456.025, Florida

24  Statutes, is amended to read:

25         456.025  Fees; receipts; disposition.--

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

27  of regulating health care professions and practitioners shall

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

29  also the intent of the Legislature that fees should be

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

31  it is the intent of the Legislature that the department

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  operate as efficiently as possible and regularly report to the

  2  Legislature additional methods to streamline operational

  3  costs. Therefore, the boards in consultation with the

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

  5  rule, set renewal fees which:

  6         (a)  Shall be based on revenue projections prepared

  7  using generally accepted accounting procedures;

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

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

10  plan, as required by s. 456.005;

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

12  barrier to licensure;

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

14  under the scope of the license;

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

16  licensure types; and

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

18  fee imposed for the previous biennium;

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

20  actual cost to regulate that profession for the previous

21  biennium; and

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

23  chapter 120.

24         Section 63.  Section 456.0165, Florida Statutes, is

25  created to read:

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

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

28  school for a health care practitioner licensure examination.

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

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  or vocational school may only charge the department the actual

  2  cost of nonreusable supplies provided by the school at the

  3  request of the department.

  4         Section 64.  Effective July 1, 2002, all licensure and

  5  licensure renewal fees for professions within the Division of

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

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

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

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

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

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

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

13  regulate that profession, whichever is less.

14         Section 65.  Subsection (6) of section 468.301, Florida

15  Statutes, is amended to read:

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

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

18  by a licensed practitioner who assumes legal liability for the

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

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

21  Supervision requires the physical presence of the licensed

22  practitioner for consultation and direction of the actions of

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

24  operator-podiatric medicine.

25         Section 66.  Paragraph (g) of subsection (3) and

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

27  Statutes, are amended to read:

28         468.302  Use of radiation; identification of certified

29  persons; limitations; exceptions.--

30         (3)

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  medicine technologist may only:

  2         1.  Conduct in vivo and in vitro measurements of

  3  radioactivity and administer radiopharmaceuticals to human

  4  beings for diagnostic and therapeutic purposes.

  5         2.  Administer X radiation from a combination nuclear

  6  medicine-computed tomography device if that radiation is

  7  administered as an integral part of a nuclear medicine

  8  procedure that uses an automated computed tomography protocol

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

10  combination device.

11

12  However, the authority of a nuclear medicine technologist

13  under this paragraph excludes radioimmunoassay and other

14  clinical laboratory testing regulated pursuant to chapter 483.

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

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

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

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

19  cardiopulmonary technologist with active certification as a

20  registered cardiovascular invasive specialist from a

21  nationally recognized credentialing organization, or future

22  equivalent should such credentialing be subsequently modified,

23  each of whom is trained and skilled in invasive cardiovascular

24  cardiopulmonary technology, including the radiologic

25  technology duties associated with such procedures, and who

26  provides invasive cardiovascular cardiopulmonary technology

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

28  of a licensed practitioner. A person requesting this exemption

29  must have successfully completed a didactic and clinical

30  training program in the following areas before performing

31  radiologic technology duties under the direct supervision of a

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  licensed practitioner:

  2         1.  Principles of X-ray production and equipment

  3  operation.

  4         2.  Biological effects of radiation.

  5         3.  Radiation exposure and monitoring.

  6         4.  Radiation safety and protection.

  7         5.  Evaluation of radiographic equipment and

  8  accessories.

  9         6.  Radiographic exposure and technique factors.

10         7.  Film processing.

11         8.  Image quality assurance.

12         9.  Patient positioning.

13         10.  Administration and complications of contrast

14  media.

15         11.  Specific fluoroscopic and digital X-ray imaging

16  procedures related to invasive cardiovascular technology.

17         Section 67.  Section 468.352, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

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

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

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

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

24  licensed pursuant to this part who is certified by the

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

26  employed to deliver respiratory care services, under the order

27  of a physician licensed pursuant to chapter 458 or chapter

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

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

30  situations of unsupervised patient contact requiring

31  individual judgment.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  any setting involving a life-threatening emergency.

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

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

  5  direction of a licensed, registered, or certified respiratory

  6  therapist who is physically on the premises and readily

  7  available, as defined by the board.

  8         (6)  "Physician supervision" means supervision and

  9  control by a physician licensed under chapter 458 or chapter

10  459 who assumes the legal liability for the services rendered

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

12  case of an emergency, physician supervision requires the easy

13  availability of the physician within the office or the

14  physical presence of the physician for consultation and

15  direction of the actions of the persons who deliver

16  respiratory care services.

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

18  therapy" means the allied health specialty associated with the

19  cardiopulmonary system that is practiced under the orders of a

20  physician licensed under chapter 458 or chapter 459 and in

21  accordance with protocols, policies, and procedures

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

23  board, including the assessment, diagnostic evaluation,

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

25  care of patients.

26         (8)  "Registered respiratory therapist" means any

27  person licensed under this part who is registered by the

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

29  is employed to deliver respiratory care services under the

30  order of a physician licensed under chapter 458 or chapter

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  situations of unsupervised patient contact requiring

  3  individual judgment.

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

  5  licensed under this part who is employed to deliver

  6  respiratory care services, under direct supervision, pursuant

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

  8  chapter 459.

  9         (10)  "Respiratory care services" includes:

10         (a)  Evaluation and disease management.

11         (b)  Diagnostic and therapeutic use of respiratory

12  equipment, devices, or medical gas.

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

14  prescribed by a physician licensed under chapter 458 or

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

16  procedures established by a hospital or other health care

17  provider or the board.

18         (d)  Initiation, management, and maintenance of

19  equipment to assist and support ventilation and respiration.

20         (e)  Diagnostic procedures, research, and therapeutic

21  treatment and procedures, including measurement of ventilatory

22  volumes, pressures, and flows; specimen collection and

23  analysis of blood for gas transport and acid/base

24  determinations; pulmonary-function testing; and other related

25  physiological monitoring of cardiopulmonary systems.

26         (f)  Cardiopulmonary rehabilitation.

27         (g)  Cardiopulmonary resuscitation, advanced cardiac

28  life support, neonatal resuscitation, and pediatric advanced

29  life support, or equivalent functions.

30         (h)  Insertion and maintenance of artificial airways

31  and intravascular catheters.

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                                                   HOUSE AMENDMENT

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  1         (i)  Performing sleep-disorder studies.

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

  3  other health care providers, including disease process and

  4  management programs and smoking prevention and cessation

  5  programs.

  6         (k)  Initiation and management of hyperbaric oxygen.

  7         Section 68.  Section 468.355, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

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

11         468.355  Licensure requirements.--To be eligible for

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

13  "Certified Respiratory Therapist" or be registered as a

14  "Registered Respiratory Therapist" by the National Board for

15  Respiratory Care, or its successor.

16         Section 69.  Section 468.368, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

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

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

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

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

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

24  she is licensed.

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

26  another state or territory who is employed by the United

27  States Government or any agency thereof while such person is

28  discharging his or her official duties.

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

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

31  represent himself or herself to be a respiratory care

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  practitioner or respiratory therapist.

  2         (4)  An individual providing respiratory care services

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

  4  respiratory care practitioner or respiratory therapist.

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

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

  7  physician licensed pursuant to chapter 458 or chapter 459.

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

  9  respiratory care without a license.

10         (6)  Any individual credentialed by the Board of

11  Registered Polysomnographic Technologists, as a registered

12  polysomnographic technologist, as related to the diagnosis and

13  evaluation of treatment for sleep disorders.

14         (7)  Any individual certified or registered as a

15  pulmonary function technologist who is credentialed by the

16  National Board for Respiratory Care from performing

17  cardiopulmonary diagnostic studies.

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

19  respiratory care program approved by the board, while

20  performing respiratory care as an integral part of a required

21  course.

22         (9)  The delivery of incidental respiratory care to

23  noninstitutionalized persons by surrogate family members who

24  do not represent themselves as registered or certified

25  respiratory care therapists.

26         (10)  Any individual credentialed by the Underseas

27  Hyperbaric Society in hyperbaric medicine or its equivalent as

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

29  subsection does not, however, authorize the practice of

30  respiratory care without a license.

31         Section 70.  Sections 468.356 and 468.357, Florida

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  Statutes, are repealed.

  2         Section 71.  Subsection (4) of section 468.80, Florida

  3  Statutes, is amended to read:

  4         468.80  Definitions.--As used in this act, the term:

  5         (4)  "Orthosis" means a medical device used to provide

  6  support, correction, or alleviation of neuromuscular or

  7  musculoskeletal dysfunction, disease, injury, or deformity,

  8  but does not include the following assistive technology

  9  devices:  upper extremity adaptive equipment used to

10  facilitate the activities of daily living, including

11  specialized utensils, combs, and brushes; finger splints; a

12  device to treat injuries to the musculoskeletal system made of

13  either plaster of paris bandage or roll fiberglass bandage and

14  fabricated directly on the patient; wheelchair seating and

15  equipment that is an integral part of the wheelchair and not

16  worn by the patient; elastic abdominal supports that do not

17  have metal or plastic reinforcing stays; arch supports;

18  nontherapeutic accommodative inlays and nontherapeutic

19  accommodative footwear, regardless of method of manufacture;

20  unmodified, over-the-counter shoes; prefabricated foot care

21  products; durable medical equipment such as canes, crutches,

22  or walkers; dental appliances; or devices implanted into the

23  body by a physician. For purposes of this subsection,

24  "accommodative" means designed with the primary goal of

25  conforming to the individual's anatomy and "inlay" means any

26  removable material upon which the foot directly rests inside

27  the shoe and which may be an integral design component of the

28  shoe.

29         Section 72.  Beginning July 1, 2003, application forms

30  for initial licensure and licensure renewal for the

31  professions regulated by the Department of Health, Division of

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  Medical Quality Assurance, shall be submitted electronically

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

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

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

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

  6  license only if the licensee provides satisfactory evidence

  7  that all conditions and requirements of licensure or renewal

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

  9  required fees, the completion of required continuing education

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

11  responsibility. This section shall not be construed to reduce

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

13  Statutes, or the applicable practice act.

14         Section 73.  In order to maximize the state's return on

15  investment, to increase the efficiency and timeliness of the

16  conversion to electronic licensure, and to promote fiscal

17  responsibility during the transition to electronic licensure,

18  the Department of Health shall redirect its current resources

19  and contracts which support the existing practitioner

20  credentialing system towards the development and operation of

21  an electronic licensure and licensure renewal system. This

22  section shall take effect upon this act becoming a law.

23         Section 74.  (1)  Effective July 1, 2004, and each July

24  1 thereafter, the fee caps established in the following

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

26  457.107, 458.313, 458.3135, 458.3145, 458.317, 458.319,

27  458.347, 459.0092, 459.022, 460.406, 460.407, 460.4165,

28  460.4166, 461.006, 461.007, 462.16, 462.19, 463.0057, 463.006,

29  463.007, 464.008, 464.009, 464.012, 464.019, 465.007,

30  465.0075, 465.008, 465.0125, 465.0126, 465.022, 465.0276,

31  466.006, 466.007, 466.008, 466.013, 466.032, 467.0125,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  467.0135, 468.1145, 468.1695, 468.1705, 468.1715, 468.1735,

  2  468.221, 468.364, 468.508, 468.709, 468.803, 468.806, 478.55,

  3  480.043, 480.044, 483.807, 483.901, 484.002, 484.007, 484.008,

  4  484.009, 484.0447, 486.041, 486.061, 486.081, 486.085,

  5  486.103, 486.106, 486.107, 486.108, 490.005, 490.0051,

  6  490.007, 491.0045, 491.0046, 491.005, 491.007, 491.008,

  7  491.0085, and 491.0145, Florida Statutes.

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

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

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

11  nearest dollar.

12         Section 75.  Sections 381.0602, 381.6021, 381.6022,

13  381.6023, 381.6024, and 381.6026, Florida Statutes, are

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

15  765.545, and 765.547, Florida Statutes, respectively.

16         Section 76.  Section 381.60225, Florida Statutes, is

17  renumbered as section 765.543, Florida Statutes, and

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

19         765.543 381.60225  Background screening.--

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

21  eye bank certified by the Agency for Health Care

22  Administration in accordance with ss. 381.6021 and 765.542

23  381.6022 is not subject to the requirements of this section if

24  the entity has no direct patient care responsibilities and

25  does not bill patients or insurers directly for services under

26  the Medicare or Medicaid programs, or for privately insured

27  services.

28         Section 77.  Section 381.6025, Florida Statutes, is

29  renumbered as section 765.546, Florida Statutes, and amended

30  to read:

31         765.546 381.6025  Physician supervision of cadaveric

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  organ and tissue procurement coordinators.--Organ procurement

  2  organizations, tissue banks, and eye banks may employ

  3  coordinators, who are registered nurses, physician's

  4  assistants, or other medically trained personnel who meet the

  5  relevant standards for organ procurement organizations, tissue

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

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

  8  medical management of organ donors or in the surgical

  9  procurement of cadaveric organs, tissues, or eyes for

10  transplantation or research. A coordinator who assists in the

11  medical management of organ donors or in the surgical

12  procurement of cadaveric organs, tissues, or eyes for

13  transplantation or research must do so under the direction and

14  supervision of a licensed physician medical director pursuant

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

16  Care Administration. With the exception of organ procurement

17  surgery, this supervision may be indirect supervision. For

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

19  means that the medical director is responsible for the medical

20  actions of the coordinator, that the coordinator is operating

21  under protocols expressly approved by the medical director,

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

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

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

25  tissue, and eye donation and procurement. Although indirect

26  supervision is authorized under this section, direct physician

27  supervision is to be encouraged when appropriate.

28         Section 78.  Subsection (2) of section 395.2050,

29  Florida Statutes, is amended to read:

30         395.2050  Routine inquiry for organ and tissue

31  donation; certification for procurement activities.--

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

  3  comply with the certification requirements of ss.

  4  765.541-765.547 381.6021-381.6026.

  5         Section 79.  Paragraph (e) of subsection (2) of section

  6  409.815, Florida Statutes, is amended to read:

  7         409.815  Health benefits coverage; limitations.--

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

  9  coverage to qualify for premium assistance payments for an

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

11  coverage, except for coverage under Medicaid and Medikids,

12  must include the following minimum benefits, as medically

13  necessary.

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

15  include pretransplant, transplant, and postdischarge services

16  and treatment of complications after transplantation for

17  transplants deemed necessary and appropriate within the

18  guidelines set by the Organ Transplant Advisory Council under

19  s. 765.53 381.0602 or the Bone Marrow Transplant Advisory

20  Panel under s. 627.4236.

21         Section 80.  Subsection (2) of section 765.5216,

22  Florida Statutes, is amended to read:

23         765.5216  Organ and tissue donor education panel.--

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

25  Administration a statewide organ and tissue donor education

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

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

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

29  Tissue Procurement and Transplantation Advisory Board

30  established in s. 765.544 381.6023 shall jointly develop,

31  subject to the approval of the Agency for Health Care

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  Administration, education initiatives pursuant to s. 732.9215,

  2  which the agency shall implement.  The membership must be

  3  balanced with respect to gender, ethnicity, and other

  4  demographic characteristics so that the appointees reflect the

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

  6  must include:

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

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

  9         (b)  A representative from a Florida licensed organ

10  procurement organization.

11         (c)  A representative from a Florida licensed tissue

12  bank.

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

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

15         (f)  A representative from the Division of Driver

16  Licenses of the Department of Highway Safety and Motor

17  Vehicles, who possesses experience and knowledge in dealing

18  with the public.

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

20  tissue, or eye donor.

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

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

23  recipient.

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

25  defined in s. 381.81.

26         (j)  A representative from a professional association

27  or public relations or advertising organization.

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

29  organization.

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

31         Section 81.  Subsection (5) of section 765.522, Florida

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  Statutes, is amended to read:

  2         765.522  Duty of certain hospital administrators;

  3  liability of hospital administrators, organ procurement

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

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

  6  against any organ procurement organization, eye bank, or

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

  8  any hospital or hospital administrator or designee, when

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

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

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

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

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

14         Section 82.  (1)  This section may be cited as the

15  "Jennifer Knight Medicaid Lung Transplant Act."

16         (2)  Subject to the availability of funds and subject

17  to any limitations or directions provided for in the General

18  Appropriations Act or chapter 216, Florida Statutes, the

19  Medicaid program of the Agency for Health Care Administration

20  shall pay for medically necessary lung transplant services for

21  Medicaid recipients.

22         Section 83.  Subsection (1) of section 409.915, Florida

23  Statutes, is amended to read:

24         409.915  County contributions to Medicaid.--Although

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

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

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

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

29  service as provided in this section.

30         (1)  Each county shall participate in the following

31  items of care and service:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         (a)  For both health maintenance members and

  2  fee-for-service beneficiaries, payments for inpatient

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

  4  days, with the exception of payments for:

  5         1.  Pregnant women and children whose income is in

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

  7  in the Medicaid medically needy program.

  8         2.  Adult lung transplant services.

  9         (b)  Payments for nursing home or intermediate

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

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

12         Section 84.  Effective upon this act becoming a law and

13  applicable to any loan or scholarship that is in default on or

14  after the effective date, subsection (4) is added to section

15  456.074, Florida Statutes, to read:

16         456.074  Certain health care practitioners; immediate

17  suspension of license.--

18         (4)  Upon receipt of information that a

19  Florida-licensed health care practitioner has defaulted on a

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

21  Government, the department shall notify the licensee by

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

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

24  mailing, the licensee provides proof that new payment terms

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

26  department shall issue an emergency order suspending the

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

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

29  proof.  Production of such proof shall not prohibit the

30  department from proceeding with disciplinary action against

31  the licensee pursuant to s. 456.073.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         Section 85.  Effective upon this act becoming a law and

  2  applicable to any loan or scholarship that is in default on or

  3  after the effective date, paragraph (k) of subsection (1) of

  4  section 456.072, Florida Statutes, is amended, and subsection

  5  (2) of said section is reenacted, 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         (k)  Failing to perform any statutory or legal

12  obligation placed upon a licensee.  For purposes of this

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

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

15  terms of the loan or failing to comply with service

16  scholarship obligations shall be considered a failure to

17  perform a statutory or legal obligation, and the minimum

18  disciplinary action imposed shall be a suspension of the

19  license until new payment terms are agreed upon or the

20  scholarship obligation is resumed, followed by probation for

21  the duration of the student loan or remaining scholarship

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

23  defaulted loan amount.  Fines collected shall be deposited

24  into the Medical Quality Assurance Trust Fund. The provisions

25  of this paragraph relating to students loans and service

26  obligations shall not be construed to apply to a student who

27  opts to repay a loan or scholarship in lieu of fulfillment of

28  service obligations, provided the student complies with the

29  repayment provisions of the loan or scholarship.

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

  2  practice act, including conduct constituting a substantial

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

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

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

  6  penalties:

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

  8  restrictions, an application for a license.

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

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

11  not limited to, restricting the licensee from practicing in

12  certain settings, restricting the licensee to work only under

13  designated conditions or in certain settings, restricting the

14  licensee from performing or providing designated clinical and

15  administrative services, restricting the licensee from

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

17  other restriction found to be necessary for the protection of

18  the public health, safety, and welfare.

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

20  $10,000 for each count or separate offense. If the violation

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

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

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

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

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

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

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

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

29  licensee to undergo treatment, attend continuing education

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

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  tailored to the violations found.

  2         (g)  Corrective action.

  3         (h)  Imposition of an administrative fine in accordance

  4  with s. 381.0261 for violations regarding patient rights.

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

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

  7         (j)  Requirement that the practitioner undergo remedial

  8  education.

  9

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

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

12  sanctions are necessary to protect the public or to compensate

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

14  the disciplining authority consider and include in the order

15  requirements designed to rehabilitate the practitioner. All

16  costs associated with compliance with orders issued under this

17  subsection are the obligation of the practitioner.

18         Section 86.  The Department of Health shall obtain from

19  the United States Department of Health and Human Services

20  information necessary to investigate and prosecute health care

21  practitioners for failing to repay a student loan or comply

22  with scholarship service obligations pursuant to s.

23  456.072(1)(k), Florida Statutes.  The department shall obtain

24  from the United States Department of Health and Human Services

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

26  with the information necessary to investigate a complaint in

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

28  may obtain evidence to support the investigation and

29  prosecution from any financial institution or educational

30  institution involved in providing the loan or education to the

31  practitioner.  The department shall report to the Legislature

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





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

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

  3  the results of the department's investigations and

  4  prosecutions, and the amount of fines collected from

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

  6  Florida Statutes.

  7         Section 87.  Section 456.026, Florida Statutes, is

  8  reenacted to read:

  9         456.026  Annual report concerning finances,

10  administrative complaints, disciplinary actions, and

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

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

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

14  addition to finances and any other information the Legislature

15  may require, the report shall include statistics and relevant

16  information, profession by profession, detailing:

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

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

19         (2)  The number of complaints received and

20  investigated.

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

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

23         (5)  The number of administrative complaints filed.

24         (6)  The disposition of all administrative complaints.

25         (7)  A description of disciplinary actions taken.

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

27  reduce or otherwise close any investigation or disciplinary

28  proceeding not before the Division of Administrative Hearings

29  under chapter 120 or otherwise not completed within 1 year

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

31         (9)  The status of the development and implementation

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  of rules providing for disciplinary guidelines pursuant to s.

  2  456.079.

  3         (10)  Such recommendations for administrative and

  4  statutory changes necessary to facilitate efficient and

  5  cost-effective operation of the department and the various

  6  boards.

  7         Section 88.  Section 456.073, Florida Statutes, is

  8  reenacted to read:

  9         456.073  Disciplinary proceedings.--Disciplinary

10  proceedings for each board shall be within the jurisdiction of

11  the department.

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

13  jurisdiction, shall cause to be investigated any complaint

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

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

16  legally sufficient if it contains ultimate facts that show

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

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

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

20  the department has occurred. In order to determine legal

21  sufficiency, the department may require supporting information

22  or documentation. The department may investigate, and the

23  department or the appropriate board may take appropriate final

24  action on, a complaint even though the original complainant

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

26  complaint to be investigated or prosecuted to completion. The

27  department may investigate an anonymous complaint if the

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

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

30  department has reason to believe, after preliminary inquiry,

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

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  department may investigate a complaint made by a confidential

  2  informant if the complaint is legally sufficient, if the

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

  4  department has reason to believe, after preliminary inquiry,

  5  that the allegations of the complainant are true. The

  6  department may initiate an investigation if it has reasonable

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

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

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

10  459.015(9), 460.413(5), and 461.013(6), when an investigation

11  of any subject is undertaken, the department shall promptly

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

13  complaint or document that resulted in the initiation of the

14  investigation. The subject may submit a written response to

15  the information contained in such complaint or document within

16  20 days after service to the subject of the complaint or

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

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

19  prohibit the issuance of a summary emergency order if

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

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

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

23  writing that such notification would be detrimental to the

24  investigation, the department may withhold notification. The

25  department may conduct an investigation without notification

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

27  offense.

28         (2)  The department shall allocate sufficient and

29  adequately trained staff to expeditiously and thoroughly

30  determine legal sufficiency and investigate all legally

31  sufficient complaints. For purposes of this section, it is the

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  intent of the Legislature that the term "expeditiously" means

  2  that the department complete the report of its initial

  3  investigative findings and recommendations concerning the

  4  existence of probable cause within 6 months after its receipt

  5  of the complaint. The failure of the department, for

  6  disciplinary cases under its jurisdiction, to comply with the

  7  time limits of this section while investigating a complaint

  8  against a licensee constitutes harmless error in any

  9  subsequent disciplinary action unless a court finds that

10  either the fairness of the proceeding or the correctness of

11  the action may have been impaired by a material error in

12  procedure or a failure to follow prescribed procedure. When

13  its investigation is complete and legally sufficient, the

14  department shall prepare and submit to the probable cause

15  panel of the appropriate regulatory board the investigative

16  report of the department. The report shall contain the

17  investigative findings and the recommendations of the

18  department concerning the existence of probable cause. The

19  department shall not recommend a letter of guidance in lieu of

20  finding probable cause if the subject has already been issued

21  a letter of guidance for a related offense. At any time after

22  legal sufficiency is found, the department may dismiss any

23  case, or any part thereof, if the department determines that

24  there is insufficient evidence to support the prosecution of

25  allegations contained therein. The department shall provide a

26  detailed report to the appropriate probable cause panel prior

27  to dismissal of any case or part thereof, and to the subject

28  of the complaint after dismissal of any case or part thereof,

29  under this section. For cases dismissed prior to a finding of

30  probable cause, such report is confidential and exempt from s.

31  119.07(1). The probable cause panel shall have access, upon

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  request, to the investigative files pertaining to a case prior

  2  to dismissal of such case. If the department dismisses a case,

  3  the probable cause panel may retain independent legal counsel,

  4  employ investigators, and continue the investigation and

  5  prosecution of the case as it deems necessary.

  6         (3)  As an alternative to the provisions of subsections

  7  (1) and (2), when a complaint is received, the department may

  8  provide a licensee with a notice of noncompliance for an

  9  initial offense of a minor violation. Each board, or the

10  department if there is no board, shall establish by rule those

11  minor violations under this provision which do not endanger

12  the public health, safety, and welfare and which do not

13  demonstrate a serious inability to practice the profession.

14  Failure of a licensee to take action in correcting the

15  violation within 15 days after notice may result in the

16  institution of regular disciplinary proceedings.

17         (4)  The determination as to whether probable cause

18  exists shall be made by majority vote of a probable cause

19  panel of the board, or by the department, as appropriate. Each

20  regulatory board shall provide by rule that the determination

21  of probable cause shall be made by a panel of its members or

22  by the department. Each board may provide by rule for multiple

23  probable cause panels composed of at least two members. Each

24  board may provide by rule that one or more members of the

25  panel or panels may be a former board member. The length of

26  term or repetition of service of any such former board member

27  on a probable cause panel may vary according to the direction

28  of the board when authorized by board rule. Any probable cause

29  panel must include one of the board's former or present

30  consumer members, if one is available, is willing to serve,

31  and is authorized to do so by the board chair. Any probable

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  cause panel must include a present board member. Any probable

  2  cause panel must include a former or present professional

  3  board member. However, any former professional board member

  4  serving on the probable cause panel must hold an active valid

  5  license for that profession. All proceedings of the panel are

  6  exempt from s. 286.011 until 10 days after probable cause has

  7  been found to exist by the panel or until the subject of the

  8  investigation waives his or her privilege of confidentiality.

  9  The probable cause panel may make a reasonable request, and

10  upon such request the department shall provide such additional

11  investigative information as is necessary to the determination

12  of probable cause. A request for additional investigative

13  information shall be made within 15 days from the date of

14  receipt by the probable cause panel of the investigative

15  report of the department or the agency. The probable cause

16  panel or the department, as may be appropriate, shall make its

17  determination of probable cause within 30 days after receipt

18  by it of the final investigative report of the department. The

19  secretary may grant extensions of the 15-day and the 30-day

20  time limits. In lieu of a finding of probable cause, the

21  probable cause panel, or the department if there is no board,

22  may issue a letter of guidance to the subject. If, within the

23  30-day time limit, as may be extended, the probable cause

24  panel does not make a determination regarding the existence of

25  probable cause or does not issue a letter of guidance in lieu

26  of a finding of probable cause, the department must make a

27  determination regarding the existence of probable cause within

28  10 days after the expiration of the time limit.  If the

29  probable cause panel finds that probable cause exists, it

30  shall direct the department to file a formal complaint against

31  the licensee. The department shall follow the directions of

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  the probable cause panel regarding the filing of a formal

  2  complaint. If directed to do so, the department shall file a

  3  formal complaint against the subject of the investigation and

  4  prosecute that complaint pursuant to chapter 120. However, the

  5  department may decide not to prosecute the complaint if it

  6  finds that probable cause has been improvidently found by the

  7  panel. In such cases, the department shall refer the matter to

  8  the board. The board may then file a formal complaint and

  9  prosecute the complaint pursuant to chapter 120. The

10  department shall also refer to the board any investigation or

11  disciplinary proceeding not before the Division of

12  Administrative Hearings pursuant to chapter 120 or otherwise

13  completed by the department within 1 year after the filing of

14  a complaint. The department, for disciplinary cases under its

15  jurisdiction, must establish a uniform reporting system to

16  quarterly refer to each board the status of any investigation

17  or disciplinary proceeding that is not before the Division of

18  Administrative Hearings or otherwise completed by the

19  department within 1 year after the filing of the complaint.

20  Annually, the department, in consultation with the applicable

21  probable cause panel, must establish a plan to expedite or

22  otherwise close any investigation or disciplinary proceeding

23  that is not before the Division of Administrative Hearings or

24  otherwise completed by the department within 1 year after the

25  filing of the complaint.  A probable cause panel or a board

26  may retain independent legal counsel, employ investigators,

27  and continue the investigation as it deems necessary; all

28  costs thereof shall be paid from a trust fund used by the

29  department to implement this chapter. All proceedings of the

30  probable cause panel are exempt from s. 120.525.

31         (5)  A formal hearing before an administrative law

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  judge from the Division of Administrative Hearings shall be

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

  3  of material fact. The administrative law judge shall issue a

  4  recommended order pursuant to chapter 120. If any party raises

  5  an issue of disputed fact during an informal hearing, the

  6  hearing shall be terminated and a formal hearing pursuant to

  7  chapter 120 shall be held.

  8         (6)  The appropriate board, with those members of the

  9  panel, if any, who reviewed the investigation pursuant to

10  subsection (4) being excused, or the department when there is

11  no board, shall determine and issue the final order in each

12  disciplinary case. Such order shall constitute final agency

13  action. Any consent order or agreed-upon settlement shall be

14  subject to the approval of the department.

15         (7)  The department shall have standing to seek

16  judicial review of any final order of the board, pursuant to

17  s. 120.68.

18         (8)  Any proceeding for the purpose of summary

19  suspension of a license, or for the restriction of the

20  license, of a licensee pursuant to s. 120.60(6) shall be

21  conducted by the secretary of the Department of Health or his

22  or her designee, as appropriate, who shall issue the final

23  summary order.

24         (9)(a)  The department shall periodically notify the

25  person who filed the complaint, as well as the patient or the

26  patient's legal representative, of the status of the

27  investigation, indicating whether probable cause has been

28  found and the status of any civil action or administrative

29  proceeding or appeal.

30         (b)  In any disciplinary case for which probable cause

31  has been found, the department shall provide to the person who

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  filed the complaint a copy of the administrative complaint

  2  and:

  3         1.  A written explanation of how an administrative

  4  complaint is resolved by the disciplinary process.

  5         2.  A written explanation of how and when the person

  6  may participate in the disciplinary process.

  7         3.  A written notice of any hearing before the Division

  8  of Administrative Hearings or the regulatory board at which

  9  final agency action may be taken.

10         (c)  In any disciplinary case for which probable cause

11  is not found, the department shall so inform the person who

12  filed the complaint and notify that person that he or she may,

13  within 60 days, provide any additional information to the

14  department which may be relevant to the decision. To

15  facilitate the provision of additional information, the person

16  who filed the complaint may receive, upon request, a copy of

17  the department's expert report that supported the

18  recommendation for closure, if such a report was relied upon

19  by the department. In no way does this require the department

20  to procure an expert opinion or report if none was used.

21  Additionally, the identity of the expert shall remain

22  confidential. In any administrative proceeding under s.

23  120.57, the person who filed the disciplinary complaint shall

24  have the right to present oral or written communication

25  relating to the alleged disciplinary violations or to the

26  appropriate penalty.

27         (10)  The complaint and all information obtained

28  pursuant to the investigation by the department are

29  confidential and exempt from s. 119.07(1) until 10 days after

30  probable cause has been found to exist by the probable cause

31  panel or by the department, or until the regulated

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  professional or subject of the investigation waives his or her

  2  privilege of confidentiality, whichever occurs first. Upon

  3  completion of the investigation and a recommendation by the

  4  department to find probable cause, and pursuant to a written

  5  request by the subject or the subject's attorney, the

  6  department shall provide the subject an opportunity to inspect

  7  the investigative file or, at the subject's expense, forward

  8  to the subject a copy of the investigative file.

  9  Notwithstanding s. 456.057, the subject may inspect or receive

10  a copy of any expert witness report or patient record

11  connected with the investigation if the subject agrees in

12  writing to maintain the confidentiality of any information

13  received under this subsection until 10 days after probable

14  cause is found and to maintain the confidentiality of patient

15  records pursuant to s. 456.057. The subject may file a written

16  response to the information contained in the investigative

17  file. Such response must be filed within 20 days of mailing by

18  the department, unless an extension of time has been granted

19  by the department. This subsection does not prohibit the

20  department from providing such information to any law

21  enforcement agency or to any other regulatory agency.

22         (11)  A privilege against civil liability is hereby

23  granted to any complainant or any witness with regard to

24  information furnished with respect to any investigation or

25  proceeding pursuant to this section, unless the complainant or

26  witness acted in bad faith or with malice in providing such

27  information.

28         (12)(a)  No person who reports in any capacity, whether

29  or not required by law, information to the department with

30  regard to the incompetence, impairment, or unprofessional

31  conduct of any health care provider licensed under chapter

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  458, chapter 459, chapter 460, chapter 461, chapter 462,

  2  chapter 463, chapter 464, chapter 465, or chapter 466 shall be

  3  held liable in any civil action for reporting against such

  4  health care provider if such person acts without intentional

  5  fraud or malice.

  6         (b)  No facility licensed under chapter 395, health

  7  maintenance organization certificated under part I of chapter

  8  641, physician licensed under chapter 458, or osteopathic

  9  physician licensed under chapter 459 shall discharge, threaten

10  to discharge, intimidate, or coerce any employee or staff

11  member by reason of such employee's or staff member's report

12  to the department about a physician licensed under chapter

13  458, chapter 459, chapter 460, chapter 461, or chapter 466 who

14  may be guilty of incompetence, impairment, or unprofessional

15  conduct so long as such report is given without intentional

16  fraud or malice.

17         (c)  In any civil suit brought outside the protections

18  of paragraphs (a) and (b) in which intentional fraud or malice

19  is alleged, the person alleging intentional fraud or malice

20  shall be liable for all court costs and for the other party's

21  reasonable attorney's fees if intentional fraud or malice is

22  not proved.

23         (13)  Notwithstanding any provision of law to the

24  contrary, an administrative complaint against a licensee shall

25  be filed within 6 years after the time of the incident or

26  occurrence giving rise to the complaint against the licensee.

27  If such incident or occurrence involved criminal actions,

28  diversion of controlled substances, sexual misconduct, or

29  impairment by the licensee, this subsection does not apply to

30  bar initiation of an investigation or filing of an

31  administrative complaint beyond the 6-year timeframe. In those

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  cases covered by this subsection in which it can be shown that

  2  fraud, concealment, or intentional misrepresentation of fact

  3  prevented the discovery of the violation of law, the period of

  4  limitations is extended forward, but in no event to exceed 12

  5  years after the time of the incident or occurrence.

  6         Section 89.  Subsection (8) of section 400.925, Florida

  7  Statutes, is amended to read:

  8         400.925  Definitions.--As used in this part, the term:

  9         (8)  "Home medical equipment" includes any product as

10  defined by the Federal Drug Administration's Drugs, Devices

11  and Cosmetics Act, any products reimbursed under the Medicare

12  Part B Durable Medical Equipment benefits, or any products

13  reimbursed under the Florida Medicaid durable medical

14  equipment program. Home medical equipment includes, but is not

15  limited to, oxygen and related respiratory equipment; manual,

16  motorized, or. Home medical equipment includes customized

17  wheelchairs and related seating and positioning, but does not

18  include prosthetics or orthotics or any splints, braces, or

19  aids custom fabricated by a licensed health care

20  practitioner;. Home medical equipment includes assistive

21  technology devices, including: manual wheelchairs, motorized

22  wheelchairs, motorized scooters;, voice-synthesized computer

23  modules, optical scanners, talking software, braille printers,

24  environmental control devices for use by person with

25  quadriplegia, motor vehicle adaptive transportation aids,

26  devices that enable persons with severe speech disabilities to

27  in effect speak, personal transfer systems; and specialty

28  beds, including demonstrator, for use by a person with a

29  medical need.

30         Section 90.  Subsection (4) is added to section

31  765.104, Florida Statutes, to read:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         765.104  Amendment or revocation.--

  2         (4)  Any patient for whom a medical proxy has been

  3  recognized under s. 765.401 and for whom any previous legal

  4  disability that precluded the patient's ability to consent is

  5  removed may amend or revoke the recognition of the medical

  6  proxy and any uncompleted decision made by that proxy. The

  7  amendment or revocation takes effect when it is communicated

  8  to the proxy, the health care provider, or the health care

  9  facility in writing or, if communicated orally, in the

10  presence of a third person.

11         Section 91.  Subsections (1) and (3) of section

12  765.401, Florida Statutes, are amended to read:

13         765.401  The proxy.--

14         (1)  If an incapacitated or developmentally disabled

15  the patient has not executed an advance directive, or

16  designated a surrogate to execute an advance directive, or the

17  designated or alternate surrogate is no longer available to

18  make health care decisions, health care decisions may be made

19  for the patient by any of the following individuals, in the

20  following order of priority, if no individual in a prior class

21  is reasonably available, willing, or competent to act:

22         (a)  The judicially appointed guardian of the patient

23  or the guardian advocate of the person having a developmental

24  disability as defined in s. 393.063, who has been authorized

25  to consent to medical treatment, if such guardian has

26  previously been appointed; however, this paragraph shall not

27  be construed to require such appointment before a treatment

28  decision can be made under this subsection;

29         (b)  The patient's spouse;

30         (c)  An adult child of the patient, or if the patient

31  has more than one adult child, a majority of the adult

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  children who are reasonably available for consultation;

  2         (d)  A parent of the patient;

  3         (e)  The adult sibling of the patient or, if the

  4  patient has more than one sibling, a majority of the adult

  5  siblings who are reasonably available for consultation.

  6         (f)  An adult relative of the patient who has exhibited

  7  special care and concern for the patient and who has

  8  maintained regular contact with the patient and who is

  9  familiar with the patient's activities, health, and religious

10  or moral beliefs; or

11         (g)  A close friend of the patient.

12         (3)  Before exercising the incapacitated patient's

13  rights to select or decline health care, the proxy must comply

14  with the provisions of ss. 765.205 and 765.305, except that a

15  proxy's decision to withhold or withdraw life-prolonging

16  procedures must be supported by clear and convincing evidence

17  that the decision would have been the one the patient would

18  have chosen had the patient been competent or, if there is no

19  indication of what the patient would have chosen, that the

20  decision is in the patient's best interest. Before exercising

21  the rights of a person who has a developmental disability as

22  defined under s. 393.063(12) to withhold or withdraw

23  life-prolonging procedures, a proxy must comply with s.

24  393.12.

25         Section 92.  Subsection (2) of section 457.105, Florida

26  Statutes, is amended, and subsection (3) is added to said

27  section, to read:

28         457.105  Licensure qualifications and fees.--

29         (2)  A person may become licensed to practice

30  acupuncture if the person applies to the department and:

31         (a)  Is 21 years of age or older, has good moral

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  character, and has the ability to communicate in English,

  2  which is demonstrated by having passed the national written

  3  examination in English or, if such examination was passed in a

  4  foreign language, by also having passed a nationally

  5  recognized English proficiency examination;

  6         (b)  Has received a bachelor's degree from an

  7  accredited college or university completed 60 college credits

  8  from an accredited postsecondary institution as a prerequisite

  9  to enrollment in an authorized 3-year course of study in

10  acupuncture and oriental medicine, and has completed a 3-year

11  course of study in acupuncture and oriental medicine, and

12  effective July 31, 2001, a 4-year course of study in

13  acupuncture and oriental medicine, and effective July 31,

14  2003, a 4-year, 3,200-hour course of study in acupuncture and

15  oriental medicine which meets standards established by the

16  board by rule, which standards include, but are not limited

17  to, successful completion of academic courses in western

18  anatomy, western physiology, western pathology, western

19  biomedical terminology, first aid, and cardiopulmonary

20  resuscitation (CPR). However, any person who enrolled in an

21  authorized course of study in acupuncture before August 1,

22  1997, and who applies on or before July 1, 2003, must have

23  completed only a 2-year course of study which meets standards

24  established by the board by rule, which standards must

25  include, but are not limited to, successful completion of

26  academic courses in western anatomy, western physiology, and

27  western pathology;

28         (c)  Has successfully completed a board-approved

29  national certification process, is actively licensed in a

30  state that has examination requirements that are substantially

31  equivalent to or more stringent than those of this state, or

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  passes an examination administered by the department, which

  2  examination tests the applicant's competency and knowledge of

  3  the practice of acupuncture and oriental medicine. At the

  4  request of any applicant, oriental nomenclature for the points

  5  shall be used in the examination. The examination shall

  6  include a practical examination of the knowledge and skills

  7  required to practice modern and traditional acupuncture and

  8  oriental medicine, covering diagnostic and treatment

  9  techniques and procedures; and

10         (d)  Has submitted to the department a set of

11  fingerprints on a form and under procedures specified by the

12  department along with a payment in an amount equal to the

13  costs to be incurred by the Department of Health for the

14  criminal background check of an applicant. The Department of

15  Health shall submit the fingerprints provided by the applicant

16  to the Florida Department of Law Enforcement for a statewide

17  criminal history check, and the Florida Department of Law

18  Enforcement shall forward the fingerprints to the Federal

19  Bureau of Investigation for a national criminal history check

20  of the applicant; and

21         (e)(d) Pays the required fees set by the board by rule

22  not to exceed the following amounts:

23         1.  Examination fee: $500 plus the actual per applicant

24  cost to the department for purchase of the written and

25  practical portions of the examination from a national

26  organization approved by the board.

27         2.  Application fee: $300.

28         3.  Reexamination fee: $500 plus the actual per

29  applicant cost to the department for purchase of the written

30  and practical portions of the examination from a national

31  organization approved by the board.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         4.  Initial biennial licensure fee: $400, if licensed

  2  in the first half of the biennium, and $200, if licensed in

  3  the second half of the biennium.

  4         (3)  The board may deny an applicant who within a

  5  3-year period does not pass the licensing examination after

  6  five attempts.

  7         Section 93.  Section 457.1085, Florida Statutes, is

  8  amended to read:

  9         457.1085  Infection control.--Prior to November 1,

10  1986, The board shall adopt rules relating to the prevention

11  of infection, the safe disposal of any potentially infectious

12  materials, and other requirements to protect the health,

13  safety, and welfare of the public. Beginning October 1, 1997,

14  All acupuncture needles that are to be used on a patient must

15  be sterile and disposable, and each needle may be used only

16  once.

17         Section 94.  Paragraph (y) is added to subsection (1)

18  of section 457.109, Florida Statutes, to read:

19         457.109  Disciplinary actions; grounds; action by the

20  board.--

21         (1)  The following acts constitute grounds for denial

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

23  456.072(2):

24         (y)  Using the specialty titles of "Diplomate in

25  Acupuncture" or "National Board-Certified Diplomate in

26  Acupuncture" or "Board-Certified Diplomate in Acupuncture" in

27  conjunction with one's name, place of business, or acupuncture

28  practice unless the licensee holds an active license under

29  this chapter and is also an active holder of such board

30  certification from the National Certification Commission for

31  Acupuncture and Oriental Medicine (NCCAOM).

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         Section 95.  Section 457.116, Florida Statutes, is

  2  amended to read:

  3         457.116  Prohibited acts; penalty.--

  4         (1)  A person may not:

  5         (a)  Practice acupuncture unless the person is licensed

  6  under ss. 457.101-457.118;

  7         (b)  Use, in connection with his or her name or place

  8  of business, any title or description of services which

  9  incorporates the words "acupuncture," "acupuncturist,"

10  "certified acupuncturist," "licensed acupuncturist," "oriental

11  medical practitioner"; the letters "L.Ac.," "R.Ac.," "A.P.,"

12  or "D.O.M."; or any other words, letters, abbreviations, or

13  insignia indicating or implying that he or she practices

14  acupuncture unless he or she is a holder of a valid license

15  issued pursuant to ss. 457.101-457.118;

16         (c)  Present as his or her own the license of another;

17         (d)  Knowingly give false or forged evidence to the

18  board or a member thereof;

19         (e)  Use or attempt to use a license that has been

20  suspended, revoked, or placed on inactive or delinquent

21  status;

22         (f)  Employ any person who is not licensed pursuant to

23  ss. 457.101-457.118 to engage in the practice of acupuncture;

24  or

25         (g)  Conceal information relating to any violation of

26  ss. 457.101-457.118.

27         (2)  A person who violates this section commits a

28  felony misdemeanor of the third second degree, punishable as

29  provided in s. 775.082, or s. 775.083, or s. 775.084.

30         Section 96.  Section 457.119, Florida Statutes, is

31  created to read:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         457.119  Approval of educational programs.--The board

  2  shall adopt rules regarding educational objectives, faculty

  3  qualifications, curriculum guidelines, and clinical training

  4  necessary to ensure that approved programs graduate

  5  practitioners capable of competent practice under this act.

  6         Section 97.  Subsections (31), (32), and (33) of

  7  section 395.002, Florida Statutes, are renumbered as

  8  subsections (32), (33), and (34), respectively, and a new

  9  subsection (31) is added to said section, to read:

10         395.002  Definitions.--As used in this chapter:

11         (31)  "Surgical first assistant" means the first

12  assistant to the surgeon during a surgical operation.

13         (32)(31)  "Utilization review" means a system for

14  reviewing the medical necessity or appropriateness in the

15  allocation of health care resources of hospital services given

16  or proposed to be given to a patient or group of patients.

17         (33)(32)  "Utilization review plan" means a description

18  of the policies and procedures governing utilization review

19  activities performed by a private review agent.

20         (34)(33)  "Validation inspection" means an inspection

21  of the premises of a licensed facility by the agency to assess

22  whether a review by an accrediting organization has adequately

23  evaluated the licensed facility according to minimum state

24  standards.

25         Section 98.  Paragraph (b) of subsection (1) of section

26  395.0197, Florida Statutes, is amended to read:

27         395.0197  Internal risk management program.--

28         (1)  Every licensed facility shall, as a part of its

29  administrative functions, establish an internal risk

30  management program that includes all of the following

31  components:

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1         (b)  The development of appropriate measures to

  2  minimize the risk of adverse incidents to patients, including,

  3  but not limited to:

  4         1.  Risk management and risk prevention education and

  5  training of all nonphysician personnel as follows:

  6         a.  Such education and training of all nonphysician

  7  personnel as part of their initial orientation; and

  8         b.  At least 1 hour of such education and training

  9  annually for all personnel of the licensed facility working in

10  clinical areas and providing patient care, except those

11  persons licensed as health care practitioners who are required

12  to complete continuing education coursework pursuant to

13  chapter 456 or the respective practice act.

14         2.  A prohibition, except when emergency circumstances

15  require otherwise, against a staff member of the licensed

16  facility attending a patient in the recovery room, unless the

17  staff member is authorized to attend the patient in the

18  recovery room and is in the company of at least one other

19  person.  However, a licensed facility is exempt from the

20  two-person requirement if it has:

21         a.  Live visual observation;

22         b.  Electronic observation; or

23         c.  Any other reasonable measure taken to ensure

24  patient protection and privacy.

25         3.  A prohibition against an unlicensed person from

26  assisting or participating in any surgical procedure unless

27  the facility has authorized the person to do so following a

28  competency assessment, and such assistance or participation is

29  done under the direct and immediate supervision of a licensed

30  physician and is not otherwise an activity that may only be

31  performed by a licensed health care practitioner. Moreover,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  the primary operating surgeon may select a surgical first

  2  assistant from among available individuals who are approved or

  3  credentialed by the facility.

  4         4.  Development, implementation, and ongoing evaluation

  5  of procedures, protocols, and systems to accurately identify

  6  patients, planned procedures, and the correct site of the

  7  planned procedure so as to minimize the performance of a

  8  surgical procedure on the wrong patient, a wrong surgical

  9  procedure, a wrong-site surgical procedure, or a surgical

10  procedure otherwise unrelated to the patient's diagnosis or

11  medical condition.

12         Section 99.  Effective upon this act becoming a law,

13  paragraphs (a) and (b) of subsection (2) of section 768.13,

14  Florida Statutes, are amended to read:

15         768.13  Good Samaritan Act; immunity from civil

16  liability.--

17         (2)(a)  Any person, including those licensed to

18  practice medicine, who gratuitously and in good faith renders

19  emergency care or treatment either in direct response to

20  emergency situations related to and arising out of a public

21  health emergency declared pursuant to s. 381.00315, a state of

22  emergency which has been declared pursuant to s. 252.36 or at

23  the scene of an emergency outside of a hospital, doctor's

24  office, or other place having proper medical equipment,

25  without objection of the injured victim or victims thereof,

26  shall not be held liable for any civil damages as a result of

27  such care or treatment or as a result of any act or failure to

28  act in providing or arranging further medical treatment where

29  the person acts as an ordinary reasonably prudent person would

30  have acted under the same or similar circumstances.

31         (b)1.  Any hospital licensed under chapter 395, any

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  employee of such hospital working in a clinical area within

  2  the facility and providing patient care, and any person

  3  licensed to practice medicine who in good faith renders

  4  medical care or treatment necessitated by a sudden, unexpected

  5  situation or occurrence resulting in a serious medical

  6  condition demanding immediate medical attention, for which the

  7  patient enters the hospital through its emergency room or

  8  trauma center, or necessitated by a public health emergency

  9  declared pursuant to s. 381.00315 shall not be held liable for

10  any civil damages as a result of such medical care or

11  treatment unless such damages result from providing, or

12  failing to provide, medical care or treatment under

13  circumstances demonstrating a reckless disregard for the

14  consequences so as to affect the life or health of another.

15         2.  The immunity provided by this paragraph does not

16  apply to damages as a result of any act or omission of

17  providing medical care or treatment:

18         a.  Which occurs after the patient is stabilized and is

19  capable of receiving medical treatment as a nonemergency

20  patient, unless surgery is required as a result of the

21  emergency within a reasonable time after the patient is

22  stabilized, in which case the immunity provided by this

23  paragraph applies to any act or omission of providing medical

24  care or treatment which occurs prior to the stabilization of

25  the patient following the surgery; or

26         b.  Unrelated to the original medical emergency.

27         3.  For purposes of this paragraph, "reckless

28  disregard" as it applies to a given health care provider

29  rendering emergency medical services shall be such conduct

30  which a health care provider knew or should have known, at the

31  time such services were rendered, would be likely to result in

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  injury so as to affect the life or health of another, taking

  2  into account the following to the extent they may be present;

  3         a.  The extent or serious nature of the circumstances

  4  prevailing.

  5         b.  The lack of time or ability to obtain appropriate

  6  consultation.

  7         c.  The lack of a prior patient-physician relationship.

  8         d.  The inability to obtain an appropriate medical

  9  history of the patient.

10         e.  The time constraints imposed by coexisting

11  emergencies.

12         4.  Every emergency care facility granted immunity

13  under this paragraph shall accept and treat all emergency care

14  patients within the operational capacity of such facility

15  without regard to ability to pay, including patients

16  transferred from another emergency care facility or other

17  health care provider pursuant to Pub. L. No. 99-272, s. 9121.

18  The failure of an emergency care facility to comply with this

19  subparagraph constitutes grounds for the department to

20  initiate disciplinary action against the facility pursuant to

21  chapter 395.

22         Section 100.  Paragraph (k) of subsection (2) of

23  section 381.0066, Florida Statutes, is amended to read:

24         381.0066  Onsite sewage treatment and disposal systems;

25  fees.--

26         (2)  The minimum fees in the following fee schedule

27  apply until changed by rule by the department within the

28  following limits:

29         (k)  Research:  An additional $5 fee shall be added to

30  each new system construction permit issued during fiscal years

31  1996-2002 to be used for onsite sewage treatment and disposal

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

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





  1  system research, demonstration, and training projects. Five

  2  dollars from any repair permit fee collected under this

  3  section shall be used for funding the hands-on training

  4  centers described in s. 381.0065(3)(j).

  5

  6  The funds collected pursuant to this subsection must be

  7  deposited in a trust fund administered by the department, to

  8  be used for the purposes stated in this section and ss.

  9  381.0065 and 381.00655.

10         Section 101.  Part IV of chapter 489, Florida Statutes,

11  consisting of sections 489.661, 489.662, 489.663, 489.664,

12  489.665, 489.666, 489.667, and 489.668, is created to read:

13                             PART IV

14                  PORTABLE RESTROOM CONTRACTING

15         489.661  Definitions.--As used in this part:

16         (1)  "Department" means the Department of Health.

17         (2)  "Portable restroom contractor" means a portable

18  restroom contractor whose services are unlimited in the

19  portable restroom trade who has had at least 3 years'

20  experience as a Florida-registered portable restroom

21  contractor, who has knowledge of state health code law and

22  rules, and who has the experience, knowledge, and skills to

23  handle, deliver, and pick up sanitary portable restrooms, to

24  install, safely handle, and maintain portable holding tanks,

25  and to handle, transport, and dispose of domestic portable

26  restroom and portable holding tank wastewater.

27         489.662  Registration required.--A person shall not

28  hold himself or herself out as a portable restroom contractor

29  in this state unless he or she is registered by the department

30  in accordance with the provisions of this part.  However,

31  nothing in this part prohibits any person licensed pursuant to

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  s. 489.105(3)(m) or ss. 489.551-489.558, in this state from

  2  engaging in the profession for which he or she is licensed.

  3         489.663  Administration of part; registration

  4  qualifications; examination.--

  5         (1)  Each person desiring to be registered pursuant to

  6  this part shall apply to the department in writing upon forms

  7  prepared and furnished by the department.

  8         (2)  The department shall administer, coordinate, and

  9  enforce the provisions of this part, provide qualifications

10  for applicants, administer the examination for applicants, and

11  be responsible for the granting of certificates of

12  registration to qualified persons.

13         (3)  The department shall adopt reasonable rules

14  pursuant to ss. 120.536(1) and 120.54 to administer this part,

15  including, but not limited to, rules that establish ethical

16  standards of practice, requirements for registering as a

17  contractor, requirements for obtaining an initial or renewal

18  certificate of registration, disciplinary guidelines, and

19  requirements for the certification of partnerships and

20  corporations.  The department may amend or repeal the rules in

21  accordance with chapter 120, the Administrative Procedure Act.

22         (4)  To be eligible for registration by the department

23  as a portable restroom contractor, the applicant shall:

24         (a)  Be of good moral character.  In considering good

25  moral character, the department may consider any matter that

26  has a substantial connection between the good moral character

27  of the applicant and the professional responsibilities of a

28  registered contractor, including, but not limited to, the

29  applicant being convicted or found guilty of, or entering a

30  plea of nolo contendere to, regardless of adjudication, a

31  crime in any jurisdiction that directly relates to the

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  practice of contracting or the ability to practice

  2  contracting, and previous disciplinary action involving

  3  portable restroom contracting, where all judicial reviews have

  4  been completed.

  5         (b)  Pass an examination approved by the department

  6  that demonstrates that the applicant has a fundamental

  7  knowledge of the state laws relating to the installation,

  8  maintenance, and wastewater disposal of portable restrooms,

  9  portable sinks, and portable holding tanks.

10         (c)  Be at least 18 years of age.

11         (d)  Have a total of at least 3 years of active

12  experience serving an apprenticeship as a skilled worker under

13  the supervision and control of a registered portable restroom

14  contractor.  Related work experience or educational experience

15  may be substituted for no more than 2 years of active

16  contracting experience.  Each 30 hours of coursework approved

17  by the department will substitute for 6 months of work

18  experience.  Out-of-state work experience shall be accepted on

19  a year-for-year basis for any applicant who demonstrates that

20  he or she holds a current license issued by another state for

21  portable restroom contracting that was issued upon

22  satisfactory completion of an examination and continuing

23  education courses that are equivalent to the requirements in

24  this state.  Individuals from a state with no state

25  certification who have successfully completed a written

26  examination provided by the Portable Sanitation Association

27  International shall only be required to take the written

28  portion of the examination that includes state health code law

29  and rules.  For purposes of this section, an equivalent

30  examination must include the topics of state health code law

31  and rules applicable to portable restrooms and the knowledge

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  required to handle, deliver, and pick up sanitary portable

  2  restrooms; to install, handle, and maintain portable holding

  3  tanks; and to handle, transport, and dispose of domestic

  4  portable restroom and portable holding tank wastewater.  A

  5  person employed by and under the supervision of a licensed

  6  contractor shall be granted up to 2 years of related work

  7  experience.

  8         (e)  Have not had a registration revoked, the effective

  9  date of which was less than 5 years before the application.

10         (5)  The department shall provide each applicant for

11  registration pursuant to this part with a copy of this part

12  and any rules adopted under this part.  The department may

13  also prepare and disseminate such other material and

14  questionnaires as it deems necessary to effectuate the

15  registration provisions of this part.

16         (6)  Any person who was employed one or more years in

17  this state by a portable restroom service holding a permit

18  issued by the department on or before October 1, 2002, has

19  until October 1, 2003, to be registered by the department in

20  accordance with the provisions of this act and may continue to

21  perform portable restroom contracting services until that

22  time. Such persons are exempt until October 1, 2003, from the

23  three years active work experience requirement of s.

24  489.663(4)(d).

25         489.664  Registration renewal.--The department shall

26  prescribe by rule the method for approval of continuing

27  education courses and for renewal of annual registration.  At

28  a minimum, annual renewal shall include continuing education

29  requirements of not less than 6 classroom hours annually for

30  portable restroom contractors.

31         489.665  Certification of partnerships and

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  corporations.--

  2         (1)  The practice of or the offer to practice portable

  3  restroom contracting services by registrants through a parent

  4  corporation, corporation, subsidiary of a corporation, or

  5  partnership offering portable restroom contracting services to

  6  the public through registrants under this chapter as agents,

  7  employers, officers, or partners is permitted, provided that

  8  one or more of the principal officers of the corporation or

  9  one or more partners of the partnership and all personnel of

10  the corporation or partnership who act on its behalf as

11  portable restroom contractors in this state are registered as

12  provided by this part, and further provided that the

13  corporation or partnership has been issued a certificate of

14  authorization by the department as provided in this section.

15  A registered contractor may not be the sole qualifying

16  contractor for more than one business that requests a

17  certificate of authorization.  A business organization that

18  loses its qualifying contractor has 60 days following the date

19  the qualifier terminates his or her affiliation within which

20  to obtain another qualifying contractor.  During this period,

21  the business organization may complete any existing contract

22  or continuing contract, but may not undertake any new

23  contract.  This period may be extended once by the department

24  for an additional 60 days upon a showing of good cause.

25  Nothing in this section shall be construed to mean that a

26  certificate of registration to practice portable restroom

27  contracting shall be held by a corporation.  No corporation or

28  partnership shall be relieved of responsibility for the

29  conduct or acts of its agents, employees, or officers by

30  reason of its compliance with this section, nor shall any

31  individual practicing portable restroom contracting be

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  relieved of responsibility for professional services performed

  2  by reason of his or her employment or relationship with a

  3  corporation or partnership.

  4         (2)  For the purposes of this section, a certificate of

  5  authorization shall be required for a corporation,

  6  partnership, association, or person practicing under a

  7  fictitious name, offering portable restroom contracting

  8  services to the public, except that when an individual is

  9  practicing portable restroom contracting in his or her own

10  given name, he or she shall not be required to register under

11  this section.

12         (3)  Each certification of authorization shall be

13  renewed every 2 years.  Each partnership and corporation

14  certified under this section shall notify the department

15  within 1 month after any change in the information contained

16  in the application upon which the certification is based.

17         (4)  Disciplinary action against a corporation or

18  partnership shall be administered in the same manner and on

19  the same grounds as disciplinary action against a registered

20  portable restroom contractor.

21         (5)  When a certificate of authorization has been

22  revoked, any person authorized by law to provide portable

23  restroom contracting services may not use the name or

24  fictitious name of the entity whose certificate was revoked,

25  or any other identifiers for the entity, including telephone

26  numbers, advertisements, or logos.

27         489.666  Suspension or revocation of registration.--A

28  certificate of registration may be suspended or revoked upon a

29  showing that the registrant has:

30         (1)  Violated any provision of this part.

31         (2)  Violated any lawful order or rule rendered or

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  adopted by the department.

  2         (3)  Obtained his or her registration or any other

  3  order, ruling, or authorization by means of fraud,

  4  misrepresentation, or concealment of material facts.

  5         (4)  Been found guilty of gross misconduct in the

  6  pursuit of his or her profession.

  7         489.667  Fees; establishment.--

  8         (1)  The department shall, by rule, establish fees as

  9  follows:

10         (a)  For portable restroom contractor registration:

11         1.  Application and examination fee:  not less than $25

12  nor more than $75.

13         2.  Initial registration fee:  not less than $50 nor

14  more than $100.

15         3.  Renewal of registration fee:  not less than $50 nor

16  more than $100.

17         (b)  Certification of partnerships and corporations:

18  not less than $100 nor more than $250.

19         (2)  Fees established pursuant to subsection (1) shall

20  be based on the actual costs incurred by the department in

21  carrying out its registration and other related

22  responsibilities under this part.

23         489.668  Penalties and prohibitions.--

24         (1)  Any person who violates any provision of this part

25  commits a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (2)  The department may deny a registration if it

28  determines that an applicant does not meet all requirements of

29  this part or has violated any provision of this part.  Any

30  applicant aggrieved by such denial shall be entitled to a

31  hearing, after reasonable notice thereof, upon filing a

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  written request for such hearing in accordance with chapter

  2  120.

  3         Section 102.  Subsection (1) of section 491.0057,

  4  Florida Statutes, is amended to read:

  5         491.0057  Dual licensure as a marriage and family

  6  therapist.--The department shall license as a marriage and

  7  family therapist any person who demonstrates to the board that

  8  he or she:

  9         (1)(a)  Holds a valid, active license as a psychologist

10  under chapter 490 or;

11         (b)  Is licensed as a clinical social worker or mental

12  health counselor under this chapter, or is certified under s.

13  464.012 as an advanced registered nurse practitioner who has

14  been determined by the Board of Nursing as a specialist in

15  psychiatric mental health, and demonstrates equivalent

16  education and training to that specified in Ch. 491.005(3)(c).

17         Section 103.  Subsection (3) is added to section

18  627.638, Florida Statutes, to read:

19         627.638  Direct payment for hospital, medical

20  services.--

21         (3)  Under any health insurance policy insuring against

22  loss or expense due to hospital confinement or to medical and

23  related services, payment of benefits shall be made directly

24  to any recognized hospital, doctor, or other person who

25  provided services for the treatment of a psychological

26  disorder or treatment for substance abuse, including drug and

27  alcohol abuse, when the treatment is in accordance with the

28  provisions of the policy and the insured specifically

29  authorizes direct payment of benefits. Payments shall be made

30  under this section, notwithstanding any contrary provisions in

31  the health insurance contract. This subsection applies to all

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  health insurance policies now or hereafter in force as of

  2  October 1, 2002.

  3         Section 104.  Subsection (1) of section 766.101,

  4  Florida Statutes, is amended to read:

  5         766.101  Medical review committee, immunity from

  6  liability.--

  7         (1)  As used in this section:

  8         (a)  The term "medical review committee" or "committee"

  9  means:

10         1.a.  A committee of a hospital or ambulatory surgical

11  center licensed under chapter 395 or a health maintenance

12  organization certificated under part I of chapter 641,

13         b.  A committee of a physician-hospital organization, a

14  provider-sponsored organization, or an integrated delivery

15  system,

16         c.  A committee of a state or local professional

17  society of health care providers,

18         d.  A committee of a medical staff of a licensed

19  hospital or nursing home, provided the medical staff operates

20  pursuant to written bylaws that have been approved by the

21  governing board of the hospital or nursing home,

22         e.  A committee of the Department of Corrections or the

23  Correctional Medical Authority as created under s. 945.602, or

24  employees, agents, or consultants of either the department or

25  the authority or both,

26         f.  A committee of a professional service corporation

27  formed under chapter 621 or a corporation organized under

28  chapter 607 or chapter 617, which is formed and operated for

29  the practice of medicine as defined in s. 458.305(3), and

30  which has at least 25 health care providers who routinely

31  provide health care services directly to patients,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         g.  A committee of a mental health treatment facility

  2  licensed under chapter 394 or a community mental health center

  3  as defined in s. 394.907, provided the quality assurance

  4  program operates pursuant to the guidelines which have been

  5  approved by the governing board of the agency,

  6         h.  A committee of a substance abuse treatment and

  7  education prevention program licensed under chapter 397

  8  provided the quality assurance program operates pursuant to

  9  the guidelines which have been approved by the governing board

10  of the agency,

11         i.  A peer review or utilization review committee

12  organized under chapter 440,

13         j.  A committee of the Department of Health, a county

14  health department, healthy start coalition, or certified rural

15  health network, when reviewing quality of care, or employees

16  of these entities when reviewing mortality records, or

17         k.  A continuous quality improvement committee of a

18  pharmacy licensed pursuant to chapter 465,

19         l.  A committee established by a university board of

20  trustees, or

21         m.  A committee comprised of faculty, residents,

22  students, and administrators of an accredited college of

23  medicine, nursing, or other health care discipline,

24

25  which committee is formed to evaluate and improve the quality

26  of health care rendered by providers of health service or to

27  determine that health services rendered were professionally

28  indicated or were performed in compliance with the applicable

29  standard of care or that the cost of health care rendered was

30  considered reasonable by the providers of professional health

31  services in the area; or

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         2.  A committee of an insurer, self-insurer, or joint

  2  underwriting association of medical malpractice insurance, or

  3  other persons conducting review under s. 766.106.

  4         (b)  The term "health care providers" means physicians

  5  licensed under chapter 458, osteopathic physicians licensed

  6  under chapter 459, podiatric physicians licensed under chapter

  7  461, optometrists licensed under chapter 463, dentists

  8  licensed under chapter 466, chiropractic physicians licensed

  9  under chapter 460, pharmacists licensed under chapter 465, or

10  hospitals or ambulatory surgical centers licensed under

11  chapter 395.

12         Section 105.  Effective upon this act becoming a law,

13  subsection (10) of section 627.357, Florida Statutes, is

14  amended to read:

15         627.357  Medical malpractice self-insurance.--

16         (10)  An application to form a self-insurance fund

17  under this section must be filed with the department before

18  October 1, 2002. All self-insurance funds making application

19  under this section between March 1, 2002, and October 1, 2002,

20  and created after March 1, 2002, must apply for a certificate

21  of authority to become an admitted insurance company by

22  October 1, 2007. Any self-insurance fund established pursuant

23  to this section after March 1, 2002, shall also comply with

24  ss. 624.460-624.488, notwithstanding s. 624.462(2)(a).  A

25  self-insurance fund may not be formed under this section after

26  October 1, 1992.

27         Section 106.  The Agency for Health Care Administration

28  shall conduct a study of health care services provided to the

29  medically fragile or medical-technology-dependent children in

30  the state and conduct a pilot program in Dade County to

31  provide subacute pediatric transitional care to a maximum of

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  30 children at any one time. The purpose of the study and the

  2  pilot program are to determine ways to permit medically

  3  fragile or medical-technology-dependent children to

  4  successfully make a transition from acute care in a health

  5  care institution to live with their families when possible,

  6  and to provide cost-effective, subacute transitional care

  7  services.

  8         Section 107.  The Agency for Health Care

  9  Administration, in cooperation with the Children's Medical

10  Services Program in the Department of Health, shall conduct a

11  study to identify the total number of medically fragile or

12  medical-technology-dependent children, from birth through age

13  21, in the state. By January 1, 2003, the agency must report

14  to the Legislature regarding the children's ages, the

15  locations where the children are served, the types of services

16  received, itemized costs of the services, and the sources of

17  funding that pay for the services, including the proportional

18  share when more than one funding source pays for a service.

19  The study must include information regarding medically fragile

20  or medical-technology-dependent children residing in

21  hospitals, nursing homes, and medical foster care, and those

22  who live with their parents. The study must describe children

23  served in prescribed pediatric extended-care centers,

24  including their ages and the services they receive. The report

25  must identify the total services provided for each child and

26  the method for paying for those services. The report must also

27  identify the number of such children who could, if appropriate

28  transitional services were available, return home or move to a

29  less-institutional setting.

30         Section 108.  (1)  Within 30 days after the effective

31  date of this act, the agency shall establish minimum staffing

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  standards and quality requirements for a subacute pediatric

  2  transitional care center to be operated as a 2-year pilot

  3  program in Dade County. The pilot program must operate under

  4  the license of a hospital licensed under chapter 395, Florida

  5  Statutes, or a nursing home licensed under chapter 400,

  6  Florida Statutes, and shall use existing beds in the hospital

  7  or nursing home. A child's placement in the subacute pediatric

  8  transitional care center may not exceed 90 days. The center

  9  shall arrange for an alternative placement at the end of a

10  child's stay and a transitional plan for children expected to

11  remain in the facility for the maximum allowed stay.

12         (2)  Within 60 days after the effective date of this

13  act, the agency must amend the state Medicaid plan and request

14  any federal waivers necessary to implement and fund the pilot

15  program.

16         (3)  The subacute pediatric transitional care center

17  must require level I background screening as provided in

18  chapter 435, Florida Statutes, for all employees or

19  prospective employees of the center who are expected to, or

20  whose responsibilities may require them to, provide personal

21  care or services to children, have access to children's living

22  areas, or have access to children's funds or personal

23  property.

24         Section 109.  (1)  The subacute pediatric transitional

25  care center must have an advisory board. Membership on the

26  advisory board must include, but need not be limited to:

27         (a)  A physician and an advanced registered nurse

28  practitioner who is familiar with services for medically

29  fragile or medical-technology-dependent children;

30         (b)  A registered nurse who has experience in the care

31  of medically fragile or medical-technology-dependent children;

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (c)  A child development specialist who has experience

  2  in the care of medically fragile or

  3  medical-technology-dependent children and their families;

  4         (d)  A social worker who has experience in the care of

  5  medically fragile or medical-technology-dependent children and

  6  their families; and

  7         (e)  A consumer representative who is a parent or

  8  guardian of a child placed in the center.

  9         (2)  The advisory board shall:

10         (a)  Review the policy and procedure components of the

11  center to assure conformance with applicable standards

12  developed by the Agency for Health Care Administration; and

13         (b)  Provide consultation with respect to the

14  operational and programmatic components of the center.

15         Section 110.  (1)  The subacute pediatric transitional

16  care center must have written policies and procedures

17  governing the admission, transfer, and discharge of children.

18         (2)  The admission of each child to the center must be

19  under the supervision of the center nursing administrator or

20  his or her designee, and must be in accordance with the

21  center's policies and procedures. Each Medicaid admission must

22  be approved by the Department of Health, Children's Medical

23  Services Multidisciplinary Assessment Team, in conjunction

24  with the Agency for Health Care Administration, as appropriate

25  for placement in the facility. 

26         (3)  Each child admitted to the center shall be

27  admitted upon prescription of the Medical Director of the

28  center, licensed pursuant to chapter 458 or 459, and the child

29  shall remain under the care of the medical director and

30  advanced registered nurse practitioner for the duration of his

31  or her stay in the center.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (4)  Each child admitted to the center must meet at

  2  least the following criteria:

  3         (a)  The child must be medically fragile or

  4  medical-technology-dependent.

  5         (b)  The child may not, prior to admission, present

  6  significant risk of infection to other children or personnel.

  7  The medical and nursing directors shall review, on a

  8  case-by-case basis, the condition of any child who is

  9  suspected of having an infectious disease to determine whether

10  admission is appropriate.

11         (c)  The child must be medically stabilized and require

12  skilled nursing care or other interventions.

13         (5)  If the child meets the criteria specified in

14  paragraphs (4)(a), (b), and (c), the medical director or

15  nursing director of the center shall implement a preadmission

16  plan that delineates services to be provided and appropriate

17  sources for such services.

18         (a)  If the child is hospitalized at the time of

19  referral, preadmission planning must include the participation

20  of the child's parent or guardian and relevant medical,

21  nursing, social services, and developmental staff to assure

22  that the hospital's discharge plans will be implemented

23  following the child's placement in the center.

24         (b)  A consent form, outlining the purpose of the

25  center, family responsibilities, authorized treatment,

26  appropriate release of liability, and emergency disposition

27  plans, must be signed by the parent or guardian and witnessed

28  before the child is admitted to the center. The parent or

29  guardian shall be provided a copy of the consent form.

30         Section 111.  The provisions of this pilot program

31  relating to subacute pediatric transitional care shall be

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  implemented to the extent available appropriations contained

  2  in the annual General Appropriations Act are specifically

  3  designated for the purposes contained within the pilot

  4  program.

  5         Section 112.  By January 1, 2003, the Agency for Health

  6  Care Administration shall report to the Legislature concerning

  7  the progress of the medically fragile or

  8  medical-technology-dependent children pilot program. By

  9  January 1, 2004, the agency shall submit to the Legislature a

10  report on the success of the pilot program.

11         Section 113.  Except as otherwise provided herein, this

12  act shall take effect July 1, 2002.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17  remove:  Everything before the enacting clause

18

19  and insert:

20                      A bill to be entitled

21         An act relating to health care and health

22         professional responsibility; transferring to

23         the Department of Health the powers, duties,

24         functions, and assets that relate to the

25         consumer complaint services, investigations,

26         and prosecutorial services performed by the

27         Agency for Health Care Administration under

28         contract with the department; transferring

29         full-time equivalent positions and the

30         practitioner regulation component from the

31         agency to the department; amending s. 20.43,

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         F.S.; deleting the provision authorizing the

  2         department to enter into such contract with the

  3         agency, to conform; updating a reference to

  4         provide the name of a regulatory board under

  5         the Division of Medical Quality Assurance;

  6         requiring the Office of Legislative Services to

  7         contract for an outsourcing feasibility study

  8         relating to the regulatory responsibilities of

  9         the Board of Dentistry; providing an

10         appropriation; requiring a report to the

11         Governor and Legislature; requiring the

12         Department of Health to contract for the

13         implementation of the electronic continuing

14         education tracking system and requiring said

15         system to be compatible and integrated with the

16         department's licensure and renewal system;

17         amending s. 456.057, F.S.; authorizing

18         specified persons to release certain medical

19         records to a custodian upon board order;

20         exempting such persons from liability for the

21         release of such records; amending s. 456.072,

22         F.S.; providing additional penalties to be

23         imposed on certain health care practitioners

24         relating to notice to patients concerning

25         availability and access to medical records;

26         amending s. 456.076, F.S.; providing additional

27         conditions for impaired practitioners to enroll

28         in a treatment program as an alternative to

29         discipline; amending s. 456.0375, F.S.;

30         revising the definition of "clinic" to exempt

31         public college and university clinics from

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         medical clinic registration, to restrict the

  2         exemption for massage establishments, and to

  3         clarify when a health care practitioner may

  4         supervise another health care practitioner;

  5         amending s. 456.072, F.S.; revising grounds for

  6         disciplinary action relating to performing

  7         health care services improperly and to leaving

  8         foreign bodies in patients; amending s. 631.57,

  9         F.S.; exempting medical malpractice insurance

10         premiums from an assessment; amending s.

11         395.002, F.S.; defining "medically unnecessary

12         procedure"; amending s. 394.4787, F.S.;

13         conforming a cross reference; amending s.

14         395.0161, F.S.; providing rulemaking authority

15         relating to inspections and investigations of

16         facilities; amending s. 395.0197, F.S.;

17         revising requirements for internal risk

18         management programs; amending s. 465.019, F.S.;

19         revising the definition of "class II

20         institutional pharmacies" to allow dispensing

21         and consulting services to hospice patients

22         under certain circumstances; amending s.

23         499.007, F.S.; deleting requirement for

24         labeling of name and place of business of the

25         manufacturer; providing legislative findings

26         relating to responsiveness to emergencies and

27         disasters; amending s. 381.0011, F.S.; revising

28         duties of the Department of Health; authorizing

29         the State Health Officer to take specified

30         emergency actions to protect the public health;

31         amending s. 381.00315, F.S.; defining the terms

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         "public health advisory" and "public health

  2         emergency"; specifying the terms under which a

  3         public health emergency is declared; providing

  4         for consultation for, and notice and duration

  5         of, a declaration of a public health emergency;

  6         amending s. 381.0034, F.S.; providing a

  7         requirement for instruction of certain health

  8         care licensees on conditions caused by nuclear,

  9         biological, and chemical terrorism, as a

10         condition of initial licensure, and, in lieu of

11         the requirement for instruction on HIV and

12         AIDS, as a condition of relicensure; amending

13         s. 381.0035, F.S.; providing a requirement for

14         instruction of employees at certain health care

15         facilities on conditions caused by nuclear,

16         biological, and chemical terrorism, upon

17         initial employment, and, in lieu of the

18         requirement of instruction on HIV and AIDS, as

19         biennial continuing education; providing an

20         exception; creating s. 381.0421, F.S.;

21         requiring postsecondary education institutions

22         to provide information on meningococcal

23         meningitis and hepatitis B; requiring

24         individuals residing in on-campus housing to

25         document vaccinations against meningococcal

26         meningitis and hepatitis B or sign a waiver;

27         amending ss. 395.1027 and 401.245, F.S.;

28         correcting cross references; amending s.

29         401.23, F.S.; revising definitions of "advanced

30         life support" and "basic life support" and

31         defining "emergency medical condition";

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         amending s. 401.252, F.S.; authorizing

  2         physician assistants to conduct interfacility

  3         transfers in a permitted ambulance under

  4         certain circumstances; amending s. 401.27,

  5         F.S.; providing that the course on conditions

  6         caused by nuclear, biological, and chemical

  7         terrorism shall count toward the total required

  8         hours for biennial recertification of emergency

  9         medical technicians and paramedics; amending s.

10         456.033, F.S.; providing a requirement for

11         instruction of certain health care

12         practitioners on conditions caused by nuclear,

13         biological, and chemical terrorism, as a

14         condition of initial licensure, and, in lieu of

15         the requirement for instruction on HIV and

16         AIDS, as part of biennial relicensure; amending

17         s. 381.003, F.S; requiring the Department of

18         Health to adopt certain standards applicable to

19         all public-sector employers; requiring the

20         compilation and maintenance of certain

21         information by the department for use by

22         employers; creating s. 456.0345, F.S.;

23         providing continuing education credits to

24         health care practitioners for certain life

25         support training; amending s. 456.072, F.S.;

26         conforming provisions relating to grounds for

27         disciplinary actions to changes in health care

28         practitioners' course requirements; amending s.

29         456.38, F.S.; revising provisions relating to

30         the health care practitioner registry for

31         disasters and emergencies; prohibiting certain

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         termination of or discrimination against a

  2         practitioner providing disaster medical

  3         assistance; amending ss. 458.319 and 459.008,

  4         F.S.; conforming provisions relating to

  5         exceptions to continuing education requirements

  6         for physicians and osteopathic physicians;

  7         amending ss. 401.2715, 633.35, and 943.135,

  8         F.S.; authorizing certain substitution of

  9         terrorism response training for other training

10         required for recertification of emergency

11         medical technicians and paramedics,

12         certification of firefighters, and continued

13         employment or appointment of law enforcement

14         officers, correctional officers, and

15         correctional probation officers; authorizing

16         rulemaking; amending s. 765.512, F.S., relating

17         to anatomical gifts; prohibiting modification

18         of a donor's intent; providing that a donor

19         document is legally binding; authorizing

20         specified persons to furnish donors' medical

21         records upon request; amending s. 765.516,

22         F.S.; revising procedures by which the terms of

23         an anatomical gift may be amended or the gift

24         may be revoked; amending s. 456.073, F.S.;

25         revising procedures and timeframes for formal

26         hearings of health care practitioner

27         disciplinary cases; requiring a joint audit of

28         hearings and their billing formulas and a

29         report to the Legislature; amending s. 456.076,

30         F.S.; requiring each impaired practitioner to

31         pay a portion of the cost of the consultant and

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         impaired practitioner program and the full cost

  2         of the required treatment program or plan;

  3         providing certain exceptions; repealing s.

  4         456.047, F.S., to terminate the standardized

  5         credentialing program for health care

  6         practitioners; prohibiting the refund of moneys

  7         collected through the credentialing program;

  8         amending ss. 456.039, 456.0391, 456.072, and

  9         456.077, F.S.; removing references, to conform;

10         amending s. 458.309, F.S.; requiring

11         accreditation of physician offices in which

12         surgery is performed; amending s. 459.005,

13         F.S.; requiring accreditation of osteopathic

14         physician offices in which surgery is

15         performed; amending s. 456.004, F.S., relating

16         to powers and duties of the department;

17         requiring performance measures for certain

18         entities; providing procedures for considering

19         board requests to privatize regulatory

20         functions; amending s. 456.009, F.S.; requiring

21         performance measures for certain legal and

22         investigative services and annual review of

23         such services to determine whether such

24         performance measures are being met; amending s.

25         456.011, F.S.; requiring regulatory board

26         committee meetings, including probable cause

27         panels, to be held electronically unless

28         certain conditions are met; providing for

29         determination of location of in-person

30         meetings; amending s. 456.026, F.S.; requiring

31         inclusion of performance measures for certain

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         entities in the department's annual report to

  2         the Legislature; creating s. 458.3093, F.S.;

  3         requiring submission of credentials for initial

  4         physician licensure to a national licensure

  5         verification service; requiring verification of

  6         such credentials by that service or an

  7         equivalent program; creating s. 459.0053, F.S.;

  8         requiring submission of credentials for initial

  9         osteopathic physician licensure to a national

10         licensure verification service; requiring

11         verification of such credentials by that

12         service, a specified association, or an

13         equivalent program; amending ss. 458.331,

14         459.015, and 627.912, F.S.; raising the

15         malpractice closed claims reporting requirement

16         amount; amending s. 456.073, F.S.; requiring

17         health care practitioner licensees to pay

18         certain costs of investigation and prosecution

19         under certain circumstances; requiring cases in

20         which no probable cause has been found to be

21         closed within a specified period of time;

22         requiring a study of the field office structure

23         and organization of the Agency for Health Care

24         Administration and a report to the Legislature;

25         amending s. 456.025, F.S.; eliminating certain

26         restrictions on the setting of licensure

27         renewal fees for health care practitioners;

28         creating s. 456.0165, F.S.; restricting the

29         costs that may be charged by educational

30         institutions hosting health care practitioner

31         licensure examinations; requiring health care

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         practitioner licensure and licensure renewal

  2         fees to be set at graduated levels of the

  3         statutory fee cap or actual regulatory costs,

  4         whichever is less; amending s. 468.301, F.S.;

  5         revising the definition of "direct supervision"

  6         applicable to the regulation of radiologic

  7         technology; amending s. 468.302, F.S.;

  8         authorizing certified nuclear medicine

  9         technologists to administer X radiation from

10         certain devices under certain circumstances;

11         exempting certain persons from radiologic

12         technologist certification and providing

13         certain training requirements for such

14         exemption; amending s. 468.352, F.S.; revising

15         and providing definitions applicable to the

16         regulation of respiratory therapy; amending s.

17         468.355, F.S.; revising provisions relating to

18         respiratory therapy licensure and testing

19         requirements; amending s. 468.368, F.S.;

20         revising exemptions from respiratory therapy

21         licensure requirements; repealing s. 468.356,

22         F.S., relating to the approval of educational

23         programs; repealing s. 468.357, F.S., relating

24         to licensure by examination; amending s.

25         468.80, F.S.; expanding a definition; requiring

26         applications for health care practitioner

27         licensure and licensure renewal to be submitted

28         electronically beginning July 1, 2003, with

29         certain exceptions; providing for transition to

30         such electronic licensure; annually adjusting

31         by 2.5 percent the statutory fee caps

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         applicable to regulation of health care

  2         practitioners; renumbering ss. 381.0602,

  3         381.6021, 381.6022, 381.6023, 381.6024, and

  4         381.6026, F.S., and renumbering and amending

  5         ss. 381.60225 and 381.6025, F.S., to move

  6         provisions relating to organ and tissue

  7         procurement, donation, and transplantation to

  8         part V, ch. 765, F.S., relating to anatomical

  9         gifts; revising cross references, to conform;

10         amending ss. 395.2050, 409.815, 765.5216, and

11         765.522, F.S.; revising cross references, to

12         conform; providing a short title and providing

13         coverage for certain organ transplant services;

14         amending s. 409.915, F.S.; exempting counties

15         from contributions for such services; amending

16         s. 456.074, F.S.; providing for an emergency

17         order suspending the license of any health care

18         practitioner who has defaulted on a student

19         loan issued or guaranteed by the state or the

20         Federal Government; amending s. 456.072, F.S.,

21         and reenacting subsection (2), relating to

22         disciplinary actions; clarifying the ground for

23         disciplinary action for failing to perform a

24         statutory or legal obligation to include

25         failing to repay a student loan issued or

26         guaranteed by the state or the Federal

27         Government in accordance with the terms of the

28         loan and for failing to comply with service

29         scholarship obligations; providing penalties;

30         directing the Department of Health to obtain

31         certain information from the United States

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         Department of Health and Human Services on a

  2         monthly basis and to include certain

  3         information in its annual report to the

  4         Legislature; reenacting ss. 456.026 and

  5         456.073, F.S., relating to the annual report

  6         and disciplinary proceedings, respectively, to

  7         conform; providing applicability; amending s.

  8         400.925, F.S.; eliminating the regulation of

  9         certain home medical equipment by the Agency

10         for Health Care Administration; amending s.

11         765.104, F.S.; authorizing a patient whose

12         legal disability is removed to amend or revoke

13         the recognition of a medical proxy and any

14         uncompleted decision made by that proxy;

15         specifying when the amendment or revocation

16         takes effect; amending s. 765.401, F.S.;

17         providing for health care decisions for persons

18         having a developmental disability; amending s.

19         457.105, F.S.; revising licensure requirements

20         to practice acupuncture; providing for denial

21         of licensure for failure to pass the

22         examination after a certain number of attempts;

23         amending s. 457.1085, F.S.; removing obsolete

24         dates relating to adoption of rules relating to

25         infection control; amending s. 457.109, F.S.;

26         prohibiting the use of certain titles relating

27         to the practice of acupuncture unless properly

28         licensed and certified; providing penalties;

29         amending s. 457.116, F.S.; increasing the

30         penalties applicable to prohibited acts

31         relating to the practice of acupuncture;

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         creating s. 457.119, F.S.; providing rulemaking

  2         authority for the approval of educational

  3         programs for practitioners of acupuncture;

  4         amending s. 395.002, F.S., to provide a

  5         definition of "surgical first assistant;"

  6         amending s. 395.0197, F.S., to allow an

  7         operating surgeon to choose the surgical first

  8         assistant under certain conditions; amending s.

  9         768.13, F.S.; providing immunity from civil

10         damages under the Good Samaritan Act for

11         actions taken in response to situations during

12         a declared public health emergency; revising

13         the circumstances under which immunity from

14         civil damages is extended to actions taken by

15         persons licensed to practice medicine; amending

16         s. 381.0066, F.S.; authorizing the continuation

17         of permit fees for system construction permits

18         for onsite sewage treatment and disposal

19         systems; creating part IV of chapter 489, F.S.,

20         relating to portable restroom contracting;

21         providing definitions; requiring registration

22         and providing requirements therefor, including

23         an examination; providing for administration;

24         providing rulemaking authority; providing for

25         renewal of registration, including continuing

26         education; providing for certification of

27         partnerships and corporations; providing

28         grounds for suspension or revocation of

29         registration; providing fees; providing

30         penalties and prohibitions; amending s.

31         491.0057, F.S.; revising requirements relating

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         to dual licensure as a marriage and family

  2         therapist; amending s. 627.638, F.S., to

  3         require direct payment of benefits for hospital

  4         or medical services under certain

  5         circumstances; amending s. 766.101, F.S.;

  6         expanding the definition of the term "medical

  7         review committee" for purposes of immunity from

  8         liability; amending s. 627.357, F.S., relating

  9         to medical malpractice insurance; providing

10         requirements to apply to form a self-insurance

11         fund; requiring the Agency for Health Care

12         Administration to conduct a study of health

13         care services provided to medically fragile or

14         medical-technology-dependent children;

15         requiring the Agency for Health Care

16         Administration to conduct a pilot program for a

17         subacute pediatric transitional care center;

18         requiring background screening of center

19         personnel; requiring the agency to amend the

20         Medicaid state plan and seek federal waivers as

21         necessary; requiring the center to have an

22         advisory board; providing for membership on the

23         advisory board; providing requirements for the

24         admission, transfer, and discharge of a child

25         to the center; requiring the agency to submit

26         certain reports to the Legislature; providing

27         effective dates.

28

29         WHEREAS, residents and visitors to Florida need access

30  to quality and affordable health care, and

31         WHEREAS, the delivery of and payment for health care

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  services provided to patients by health care practitioners in

  2  health care facilities is integrated in such a manner that a

  3  change to one facet of health care almost always impacts

  4  another facet, and

  5         WHEREAS, three state agencies play a role in overseeing

  6  health care providers, health care services, and health care

  7  payors in Florida, and

  8         WHEREAS, it is the role of the Department of Health to

  9  protect and improve the health of Florida's patients by

10  regulating most health care practitioners and some health care

11  facilities and establishments, by preventing the occurrence

12  and progression of communicable diseases, and by regulating

13  certain environmental health issues, among other duties, and

14         WHEREAS, it is the role of the Agency for Health Care

15  Administration to ensure access to quality, affordable health

16  care by regulating most health care facilities, some health

17  care providers, and certain health care payors such as managed

18  care plans, and

19         WHEREAS, it is the role of the Department of Insurance

20  to regulate certain health insurers who pay for health care

21  for Floridians, and

22         WHEREAS, the regulation of health care practitioners

23  relies on peer review by fellow health care practitioners and

24  requires the costs of such regulation to be paid solely by

25  practitioners through fines and licensure fees, and

26         WHEREAS, the current level of practitioner fees are not

27  sufficient to cover the full costs of regulation, and

28         WHEREAS, Florida law requires health care practitioners

29  to be assessed a special fee if regular licensure fees are not

30  sufficient to pay the full costs of regulation, and

31         WHEREAS, the Medical Quality Assurance Trust Fund which

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  holds all licensure fees and fines paid by health care

  2  practitioners is projected to be in a deficit in 2003, and

  3         WHEREAS, certain health care profession accounts within

  4  the Medical Quality Assurance Trust Fund are already in a

  5  deficit, and

  6         WHEREAS, it is vital that the Legislature ensure the

  7  financial integrity and soundness of all trust funds, and

  8         WHEREAS, the Legislature should encourage innovative

  9  methods of providing quality services at reduced costs, and

10         WHEREAS, certain functions provided by state agencies

11  could be performed at a lower cost or with more efficiency in

12  the private sector in certain circumstances while still being

13  accountable to the Legislature, and

14         WHEREAS, the Legislature finds that oversight of the

15  health care delivery and payment system in Florida is an

16  important state interest, NOW, THEREFORE,

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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