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 January 1, 2003, 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) and

29  paragraph (a) of subsection (4), of section 456.0375, Florida

30  Statutes, is amended to read:

31         456.0375  Registration of certain clinics;

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                                                   HOUSE AMENDMENT

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

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





  1  requirements; discipline; exemptions.--

  2         (1)

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

  4  does not include and the registration requirements herein do

  5  not apply to:

  6         1.  Entities licensed or registered by the state

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

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

  9  chapter 478, chapter 480, or chapter 484.

10         2.  Entities exempt from federal taxation under 26

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

12  university clinics.

13         3.  Sole proprietorships, group practices,

14  partnerships, or corporations that provide health care

15  services by licensed health care practitioners pursuant to

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

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

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

19  by licensed health care practitioners or the licensed health

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

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

22  owners who is a licensed health care practitioner is

23  supervising the services performed therein and is legally

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

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

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

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

28  construed to prohibit a health care practitioner from

29  providing administrative or managerial supervision for

30  personnel purposes.

31         4.  Massage establishments licensed pursuant to s.

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                                                   HOUSE AMENDMENT

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

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





  1  480.043 so long as the massage establishment is only providing

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

  3  health care service.

  4         (4)(a)  All charges or reimbursement claims made by or

  5  on behalf of a clinic that is required to be registered under

  6  this section, but that is not so registered, are unlawful

  7  charges and therefore are noncompensable and unenforceable.

  8  However, an insurer shall not deny a claim submitted by a

  9  provider on the basis that the provider is not registered

10  pursuant to s. 456.0375 unless at the time of denial the

11  insurer has reasonable proof from a source other than the

12  provider that the provider is an entity, sole proprietorship,

13  group practice, partnership or corporation which is required

14  to register pursuant to this section.

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

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

17         456.072  Grounds for discipline; penalties;

18  enforcement.--

19         (1)  The following acts shall constitute grounds for

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

21  be taken:

22         (aa)  Performing or attempting to perform health care

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

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

25  medically unnecessary or otherwise unrelated to the patient's

26  diagnosis or medical condition. For the purposes of this

27  paragraph, performing or attempting to perform health care

28  services includes the preparation of the patient.

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

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

31  paraphernalia commonly used in surgical, examination, or other

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                                                   HOUSE AMENDMENT

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

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





  1  diagnostic procedures, unless leaving the foreign body is

  2  medically indicated and documented in the patient record. For

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

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

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

  6  profession, unless medically indicated and documented in the

  7  patient record regardless of the intent of the professional.

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

  9  Florida Statutes, to read:

10         631.57  Powers and duties of the association.--

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

12  net direct written premiums of medical malpractice insurance

13  are not subject to assessment under this section to cover

14  claims and administrative costs for the type of insurance

15  defined in s. 624.604.

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

17  395.002, Florida Statutes, are renumbered as subsections (23)

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

19  to said section to read:

20         395.002  Definitions.--As used in this chapter:

21         (22)  "Medically unnecessary procedure" means a

22  surgical or other invasive procedure that a reasonable

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

24  diagnostic information, would not deem to be indicated in

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

26  disease.

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

28  Florida Statutes, is amended to read:

29         394.4787  Definitions; ss. 394.4786, 394.4787,

30  394.4788, and 394.4789.--As used in this section and ss.

31  394.4786, 394.4788, and 394.4789:

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  specialty psychiatric hospital.

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

  5  395.0161, Florida Statutes, to read:

  6         395.0161  Licensure inspection.--

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

  8  conduct of inspections or investigations it initiates in

  9  response to:

10         1.  Reports filed pursuant to s. 395.0197.

11         2.  Complaints alleging violations of state or federal

12  emergency access laws.

13         3.  Complaints made by the public alleging violations

14  of law by licensed facilities or personnel.

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

16  used in such investigations or inspections in order to protect

17  the due process rights of licensed facilities and personnel

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

19  the disruption of facility operations and the cost to

20  facilities resulting from such investigations.

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

22  395.0197, Florida Statutes, are amended to read:

23         395.0197  Internal risk management program.--

24         (2)  The internal risk management program is the

25  responsibility of the governing board of the health care

26  facility. Each licensed facility shall utilize the services of

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

28  responsible for implementation and oversight of such

29  facility's internal risk management program as required by

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

31  more than four internal risk management programs in separate

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                                                   HOUSE AMENDMENT

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

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





  1  licensed facilities, unless the facilities are under one

  2  corporate ownership or the risk management programs are in

  3  rural hospitals.

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

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

  6  facility records necessary to carry out the provisions of this

  7  section.  The records obtained by the agency under subsection

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

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

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

11  disciplinary proceedings by the agency or the appropriate

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

13  456.071 be available to the public as part of the record of

14  investigation for and prosecution in disciplinary proceedings

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

16  regulatory board. However, the agency or the appropriate

17  regulatory board shall make available, upon written request by

18  a health care professional against whom probable cause has

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

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

21  medical review committee records, s. 766.101 controls.

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

23  inspection process, the internal risk management program at

24  each licensed facility regulated by this section to determine

25  whether the program meets standards established in statutes

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

27  designed to reduce adverse incidents, and whether the program

28  is appropriately reporting incidents under this section.  Only

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

30  under contract with the agency may conduct inspections to

31  determine whether a program meets the requirements of this

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  surrounding circumstances, is recognized as acceptable and

  4  appropriate by reasonably prudent similar licensed risk

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

  6  with a minimum of three licensed risk managers in each

  7  district to conduct inspections pursuant to this section.

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

  9  465.019, Florida Statutes, is amended to read:

10         465.019  Institutional pharmacies; permits.--

11         (2)  The following classes of institutional pharmacies

12  are established:

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

14  institutional pharmacies which employ the services of a

15  registered pharmacist or pharmacists who, in practicing

16  institutional pharmacy, shall provide dispensing and

17  consulting services on the premises to patients of that

18  institution and to patients receiving care in a hospice

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

20  providing services on the premises of that institution, for

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

22  institutional pharmacy located in an area or county included

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

24  declared by the Governor may provide dispensing and consulting

25  services to individuals who are not patients of the

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

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

28  drug order under the supervision of a physician or charge

29  nurse, consistent with good institutional practice procedures.

30  The obtaining and administering of such single dose of a

31  medicinal drug shall be pursuant to drug-handling procedures

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                                                   HOUSE AMENDMENT

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

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





  1  established by a consultant pharmacist.  Medicinal drugs may

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

  3  accordance with the provisions of this section.

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

  5  499.007, Florida Statutes, is amended to read:

  6         499.007  Misbranded drug or device.--A drug or device

  7  is misbranded:

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

  9  containing:

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

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

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

13  business of the manufacturer of the finished dosage form of

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

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

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

17  patient and requires no further manufacturing or processing

18  other than packaging, reconstitution, and labeling; and

19         Section 17.  Responsiveness to emergencies and

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

21  it is critical that Florida be prepared to respond

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

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

24  a need to better educate health care practitioners on diseases

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

26  and chemical terrorism so that health care practitioners can

27  more effectively care for patients and better educate patients

28  as to prevention and treatment. Additionally, the Legislature

29  finds that not all health care practitioners have been

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

31  health care practitioners should be encouraged to obtain such

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                                                   HOUSE AMENDMENT

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

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





  1  training. The Legislature finds that health care practitioners

  2  who are willing to respond in emergencies or disasters should

  3  not be penalized for providing their assistance.

  4         Section 18.  Subsection (6) of section 381.0011,

  5  Florida Statutes, is amended to read:

  6         381.0011  Duties and powers of the Department of

  7  Health.--It is the duty of the Department of Health to:

  8         (6)  Declare, enforce, modify, and abolish quarantine

  9  of persons, animals, and premises as the circumstances

10  indicate for controlling communicable diseases or providing

11  protection from unsafe conditions that pose a threat to public

12  health, except as provided in ss. 384.28 and 392.545-392.60.

13         (a)  The department shall adopt rules to specify the

14  conditions and procedures for imposing and releasing a

15  quarantine. The rules must include provisions related to:

16         1.  The closure of premises.

17         2.  The movement of persons or animals exposed to or

18  infected with a communicable disease.

19         3.  The tests or prophylactic treatment, including

20  vaccination, for communicable disease required prior to

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

22  quarantine.

23         4.  Testing or destruction of animals with or suspected

24  of having a disease transmissible to humans.

25         5.  Access by the department to quarantined premises.

26         6.  The disinfection of quarantined animals, persons,

27  or premises.

28         7.  Methods of quarantine.

29         (b)  Any health regulation that restricts travel or

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

31  state except by authority of the department.

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                                                   HOUSE AMENDMENT

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

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





  1         Section 19.  Section 381.00315, Florida Statutes, is

  2  amended to read:

  3         381.00315  Public health advisories; public health

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

  5  declaring public health emergencies and issuing public health

  6  advisories.

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

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

  9  report giving information to the public about a potential

10  public health threat. Prior to issuing any public health

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

12  or local agency regarding areas of responsibility which may be

13  affected by such advisory. Upon determining that issuing a

14  public health advisory is necessary to protect the public

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

16  State Health Officer must notify each county health department

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

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

19  Health Officer is authorized to take any action appropriate to

20  enforce any public health advisory.

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

22  threat thereof, whether natural or man made, which results or

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

24  from infectious disease, chemical agents, nuclear agents,

25  biological toxins, or situations involving mass casualties or

26  natural disasters. Prior to declaring a public health

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

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

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

30  declaration of a public health emergency shall continue until

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

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                                                   HOUSE AMENDMENT

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

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





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

  2  longer exist and he or she terminates the declaration.

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

  4  continue for longer than 60 days unless the Governor concurs

  5  in the renewal of the declaration. The State Health Officer,

  6  upon declaration of a public health emergency, may take

  7  actions that are necessary to protect the public health. Such

  8  actions include, but are not limited to:

  9         1.  Directing manufacturers of prescription drugs or

10  over-the-counter drugs who are permitted under chapter 499 and

11  wholesalers of prescription drugs located in this state who

12  are permitted under chapter 499 to give priority to the

13  shipping of specified drugs to pharmacies and health care

14  providers within geographic areas that have been identified by

15  the State Health Officer. The State Health Officer must

16  identify the drugs to be shipped. Manufacturers and

17  wholesalers located in the state must respond to the State

18  Health Officer's priority shipping directive before shipping

19  the specified drugs.

20         2.  Notwithstanding chapters 465 and 499 and rules

21  adopted thereunder, directing pharmacists employed by the

22  department to compound bulk prescription drugs and provide

23  these bulk prescription drugs to physicians, physician

24  assistants, and nurses of county health departments or any

25  qualified person authorized by the State Health Officer for

26  administration to persons as part of a prophylactic or

27  treatment regimen.

28         3.  Notwithstanding s. 456.036, temporarily

29  reactivating the inactive license of the following health care

30  practitioners, when such practitioners are needed to respond

31  to the public health emergency: physicians licensed under

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                                                   HOUSE AMENDMENT

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

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





  1  chapter 458 or chapter 459; physician assistants licensed

  2  under chapter 458 or chapter 459; licensed practical nurses,

  3  registered nurses, and advanced registered nurse practitioners

  4  licensed under part I of chapter 464; respiratory therapists

  5  licensed under part V of chapter 468; and emergency medical

  6  technicians and paramedics certified under part III of chapter

  7  401. Only those health care practitioners specified in this

  8  paragraph who possess an unencumbered inactive license and who

  9  request that such license be reactivated are eligible for

10  reactivation. An inactive license that is reactivated under

11  this paragraph shall return to inactive status when the public

12  health emergency ends or prior to the end of the public health

13  emergency if the State Health Officer determines that the

14  health care practitioner is no longer needed to provide

15  services during the public health emergency. Such licenses may

16  only be reactivated for a period not to exceed 90 days without

17  meeting the requirements of s. 456.036 or chapter 401, as

18  applicable. If a physician assistant requests reactivation and

19  volunteers during the declared public health emergency, the

20  county health department may serve as the supervising

21  physician for the physician assistant.

22         4.  Ordering an individual to be examined, tested,

23  vaccinated, treated, or quarantined for communicable diseases

24  that have significant morbidity or mortality and present a

25  severe danger to public health. Individuals who are unable or

26  unwilling to be examined, tested, vaccinated or treated for

27  reasons of health, religion or conscience may be subjected to

28  quarantine.

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

30  be performed by any qualified person authorized by the State

31  Health Officer.

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                                                   HOUSE AMENDMENT

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

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





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

  2  health, the State Health Officer may subject the individual to

  3  quarantine. If there is no practical method to quarantine the

  4  individual, the State Health Officer may use any means

  5  necessary to vaccinate or treat the individual.

  6

  7  Any order of the State Health Officer given to effectuate this

  8  paragraph shall be immediately enforceable by a law

  9  enforcement officer under s. 381.0012.

10         (2)  Individuals who assist the State Health Officer at

11  his or her request on a volunteer basis during a public health

12  emergency are entitled to the benefits specified in s. 110.504

13  (2), (3), (4), and (5).

14         Section 20.  Section 381.0034, Florida Statutes, is

15  amended to read:

16         381.0034  Requirement for instruction on conditions

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

18  human immunodeficiency virus and acquired immune deficiency

19  syndrome.--

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

21  require each person licensed or certified under chapter 401,

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

23  condition of biennial relicensure, to complete an educational

24  course approved by the department on conditions caused by

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

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

27  transmission, infection control procedures, and clinical

28  management. Such course shall also include information on

29  reporting suspected cases of conditions caused by nuclear,

30  biological, or chemical terrorism to the appropriate health

31  and law enforcement authorities, and prevention of human

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                                                   HOUSE AMENDMENT

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

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





  1  immunodeficiency virus and acquired immune deficiency

  2  syndrome. Such course shall include information on current

  3  Florida law on acquired immune deficiency syndrome and its

  4  impact on testing, confidentiality of test results, and

  5  treatment of patients. Each such licensee or certificateholder

  6  shall submit confirmation of having completed said course, on

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

  8  application for each biennial renewal.

  9         (2)  Failure to complete the requirements of this

10  section shall be grounds for disciplinary action contained in

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

12  discipline by the department, the licensee or

13  certificateholder shall be required to complete the required

14  said course or courses.

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

16  granting a license under the chapters specified in subsection

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

18  licensure complete respective an educational courses course

19  acceptable to the department on conditions caused by nuclear,

20  biological, and chemical terrorism and on human

21  immunodeficiency virus and acquired immune deficiency

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

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

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

25  requirement.

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

27  rules to carry out the provisions of this section.

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

29  certificates subject to the provisions of this section shall

30  be permitted to show proof of having taken one

31  department-approved course on conditions caused by nuclear,

                                  21

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                                                   HOUSE AMENDMENT

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

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





  1  biological, and chemical terrorism human immunodeficiency

  2  virus and acquired immune deficiency syndrome, for purposes of

  3  relicensure or recertification for the additional licenses.

  4         Section 21.  Section 381.0035, Florida Statutes, is

  5  amended to read:

  6         381.0035  Educational courses course on human

  7  immunodeficiency virus and acquired immune deficiency syndrome

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

  9  terrorism; employees and clients of certain health care

10  facilities.--

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

12  employees and clients of facilities licensed under chapters

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

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

15  complete, biennially, a continuing educational course on the

16  modes of transmission, infection control procedures, clinical

17  management, and prevention of human immunodeficiency virus and

18  acquired immune deficiency syndrome with an emphasis on

19  appropriate behavior and attitude change. Such instruction

20  shall include information on current Florida law and its

21  impact on testing, confidentiality of test results, and

22  treatment of patients and any protocols and procedures

23  applicable to human immunodeficiency counseling and testing,

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

25  partner notification issues pursuant to ss. 381.004 and

26  384.25.

27         (b)  The department shall require all employees of

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

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

30  biennially, a continuing educational course on conditions

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

                                  22

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                                                   HOUSE AMENDMENT

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

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





  1  course shall consist of education on diagnosis and treatment,

  2  modes of transmission, infection control procedures, and

  3  clinical management. Such course shall also include

  4  information on reporting suspected cases of conditions caused

  5  by nuclear, biological, or chemical terrorism to the

  6  appropriate health and law enforcement authorities.

  7         (2)  New employees of facilities licensed under

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

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

10  immunodeficiency virus and acquired immune deficiency

11  syndrome, with instruction to include information on current

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

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

14  facilities shall also be required to complete a course on

15  conditions caused by nuclear, biological, and chemical

16  terrorism, with instruction to include information on

17  reporting suspected cases to the appropriate health and law

18  enforcement authorities.

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

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

21  maintain a record of employees and dates of attendance at

22  human immunodeficiency virus and acquired immune deficiency

23  syndrome educational courses on human immunodeficiency virus

24  and acquired immune deficiency syndrome and on conditions

25  caused by nuclear, biological, and chemical terrorism.

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

27  the records of each facility to determine compliance with the

28  requirements of this section.  The department may adopt rules

29  to carry out the provisions of this section.

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

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

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  on conditions caused by nuclear, biological, and chemical

  4  terrorism in the immediately preceding biennium.

  5         Section 22.  Section 381.0421, Florida Statutes, is

  6  created to read:

  7         381.0421  Vaccination against meningococcal meningitis

  8  and hepatitis B.--

  9         (1)  A postsecondary educational institution shall

10  provide detailed information concerning the risks associated

11  with meningococcal meningitis and hepatitis B and the

12  availability, effectiveness, and known contraindications of

13  any required or recommended vaccine against meningococcal

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

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

16  has been accepted for admission.

17         (2)  An individual enrolled in a postsecondary

18  educational institution who will be residing in on-campus

19  housing shall provide documentation of vaccinations against

20  meningococcal meningitis and hepatitis B unless the

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

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

23  minor, declines the vaccinations by signing a separate waiver

24  for each of these vaccines provided by the institution

25  acknowledging receipt and review of the information provided.

26         (3)  This section does not require any postsecondary

27  educational institution to provide or pay for vaccinations

28  against meningococcal meningitis or hepatitis B.

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

30  Florida Statutes, is amended to read:

31         395.1027  Regional poison control centers.--

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                                                   HOUSE AMENDMENT

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

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





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

  2  center shall develop a prehospital emergency dispatch protocol

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

  4  geographic area covered by the regional poison control center.

  5  The prehospital emergency dispatch protocol shall be developed

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

  7  designated regional poison control center responsible for the

  8  geographic area in which the licensee operates. The protocol

  9  shall define toxic substances and describe the procedure by

10  which the designated regional poison control center may be

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

12  designated regional poison control center in accordance with

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

14  the designated regional poison control center shall assume

15  responsibility and liability for the call.

16         Section 24.  Section 401.23, Florida Statutes, is

17  amended to read:

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

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

20  and techniques described in the most recent United States

21  Department of Transportation National Standard Paramedic

22  Curriculum by a paramedic under the supervision of a

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

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

25  other techniques that have been approved and are performed

26  under conditions specified by rules of the department. The

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

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

29  director to a person experiencing an emergency medical

30  condition as defined in subsection (11) treatment of

31  life-threatening medical emergencies through the use of

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                                                   HOUSE AMENDMENT

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

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





  1  techniques such as endotracheal intubation, the administration

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

  3  and cardiac defibrillation by a qualified person, pursuant to

  4  rules of the department.

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

  6  emergency medical transport or nontransport service which uses

  7  advanced life support techniques.

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

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

10  transportation of sick or injured persons requiring or likely

11  to require medical attention during transport.

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

13  privately owned service, licensed in accordance with the

14  provisions of this part, which operates air ambulances to

15  transport persons requiring or likely to require medical

16  attention during transport.

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

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

19  vehicle that is designed, constructed, reconstructed,

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

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

22  or injured persons requiring or likely to require medical

23  attention during transport.

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

25  requirements of s. 401.281.

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

27  techniques described in the most recent United States

28  Department of Transportation National Standard EMT-Basic

29  Curriculum by an emergency medical technician or paramedic

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

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

                                  26

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                                                   HOUSE AMENDMENT

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

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





  1  support" also includes other techniques that have been

  2  approved and are performed under conditions specified by rules

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

  4  provision of care by a paramedic or emergency medical

  5  technician under the supervision of a licensee's medical

  6  director to a person experiencing an emergency medical

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

  8  emergencies by a qualified person through the use of

  9  techniques such as patient assessment, cardiopulmonary

10  resuscitation (CPR), splinting, obstetrical assistance,

11  bandaging, administration of oxygen, application of medical

12  antishock trousers, administration of a subcutaneous injection

13  using a premeasured autoinjector of epinephrine to a person

14  suffering an anaphylactic reaction, and other techniques

15  described in the Emergency Medical Technician Basic Training

16  Course Curriculum of the United States Department of

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

18  other techniques which have been approved and are performed

19  under conditions specified by rules of the department.

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

21  medical service which uses only basic life support techniques.

22         (9)  "Certification" means any authorization issued

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

24  medical technician or a paramedic.

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

26         (11)  "Emergency medical condition" means:

27         (a)  A medical condition manifesting itself by acute

28  symptoms of sufficient severity, which may include severe

29  pain, psychiatric disturbances, symptoms of substance abuse,

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

31  medical attention could reasonably be expected to result in

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                                                   HOUSE AMENDMENT

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

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





  1  any of the following:

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

  3  including a pregnant woman or fetus.

  4         2.  Serious impairment to bodily functions.

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

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

  7  evidence of the onset and persistence of uterine contractions

  8  or rupture of the membranes.

  9         (c)  With respect to a person exhibiting acute

10  psychiatric disturbance or substance abuse, that the absence

11  of immediate medical attention could reasonably be expected to

12  result in:

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

14         2.  Serious jeopardy to the health of others.

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

16  who is certified by the department to perform basic life

17  support pursuant to this part.

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

19  transportation by ambulance of a patient between two

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

21  400, pursuant to this part.

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

23  service, advanced life support service, or air ambulance

24  service licensed pursuant to this part.

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

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

27  such voice communication is unavailable, through established

28  standing orders, pursuant to rules of the department.

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

30  employed or contracted by a licensee and who provides medical

31  supervision, including appropriate quality assurance but not

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                                                   HOUSE AMENDMENT

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

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





  1  including administrative and managerial functions, for daily

  2  operations and training pursuant to this part.

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

  4  agreement between two or more entities whereby the signing

  5  parties agree to lend aid to one another under conditions

  6  specified in the agreement and as sanctioned by the governing

  7  body of each affected county.

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

  9  by the department to perform basic and advanced life support

10  pursuant to this part.

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

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

13  life support or advanced life support transport vehicle or an

14  advanced life support nontransport vehicle providing basic or

15  advanced life support.

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

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

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

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

20  prior to or during transportation to a United States

21  Department of Veterans Affairs medical facility, "physician"

22  also means a practitioner employed by the United States

23  Department of Veterans Affairs.

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

25  is licensed to practice professional nursing pursuant to part

26  I of chapter 464.

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

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

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

30  conducts business under this part.

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

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                                                   HOUSE AMENDMENT

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

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





  1  401.245, Florida Statutes, is amended to read:

  2         401.245  Emergency Medical Services Advisory Council.--

  3         (2)

  4         (b)  Representation on the Emergency Medical Services

  5  Advisory Council shall include:  two licensed physicians who

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

  7  whose medical practice is closely related to emergency medical

  8  services; two emergency medical service administrators, one of

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

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

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

12  fire service; one emergency medical services educator; one

13  emergency nurse; one hospital administrator; one

14  representative of air ambulance services; one representative

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

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

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

18  the advisory council from state agencies shall include, but

19  shall not be limited to, representatives from the Department

20  of Education, the Department of Management Services, the

21  Department of Insurance, the Department of Highway Safety and

22  Motor Vehicles, the Department of Transportation, and the

23  Department of Community Affairs.

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

25  Statutes, is amended to read:

26         401.252  Interfacility transfer.--

27         (1)  A licensed basic or advanced life support

28  ambulance service may conduct interfacility transfers in a

29  permitted ambulance, using a registered nurse or physician

30  assistant in place of an emergency medical technician or

31  paramedic, if:

                                  30

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                                                   HOUSE AMENDMENT

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

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





  1         (a)  The registered nurse or physician assistant holds

  2  a current certificate of successful course completion in

  3  advanced cardiac life support;

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

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

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

  7  condition appropriate to this type of ambulance staffing; and

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

  9  part I of chapter 464 or the physician assistant operates

10  within the physician assistant's scope of practice under

11  chapter 458 or chapter 459.

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

13  Statutes, is amended to read:

14         401.27  Personnel; standards and certification.--

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

16  procedure for biennial renewal certification of emergency

17  medical technicians. Such rules must require a United States

18  Department of Transportation refresher training program of at

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

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

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

22  offered in multiple presentations spread over the 2-year

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

24  requirement may be satisfied by passing a challenge

25  examination.

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

27  for biennial renewal certification of paramedics.  Such rules

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

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

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

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

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                                                   HOUSE AMENDMENT

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

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





  1  continuing education requirement may be satisfied by passing a

  2  challenge examination.

  3         Section 28.  Section 456.033, Florida Statutes, is

  4  amended to read:

  5         456.033  Requirement for instruction for certain

  6  licensees on conditions caused by nuclear, biological, and

  7  chemical terrorism and on HIV and AIDS.--

  8         (1)  The appropriate board shall require each person

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

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

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

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

13  educational course, approved by the board, on conditions

14  caused by nuclear, biological, and chemical terrorism human

15  immunodeficiency virus and acquired immune deficiency syndrome

16  as part of biennial relicensure or recertification. The course

17  shall consist of education on diagnosis and treatment, the

18  modes of transmission, infection control procedures, and

19  clinical management. Such course shall also include

20  information on reporting suspected cases of conditions caused

21  by nuclear, biological, or chemical terrorism to the

22  appropriate health and law enforcement authorities, and

23  prevention of human immunodeficiency virus and acquired immune

24  deficiency syndrome. Such course shall include information on

25  current Florida law on acquired immune deficiency syndrome and

26  its impact on testing, confidentiality of test results,

27  treatment of patients, and any protocols and procedures

28  applicable to human immunodeficiency virus counseling and

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

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

31  and 384.25.

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                                                   HOUSE AMENDMENT

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

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





  1         (2)  Each such licensee or certificateholder shall

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

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

  4  biennial renewal.

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

  6  additional equivalent courses that may be used to satisfy the

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

  8  requires a licensee to complete an educational course pursuant

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

10  the course included in the total continuing educational

11  requirements as required by law.

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

13  the provisions of this section shall be permitted to show

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

15  caused by nuclear, biological, and chemical terrorism human

16  immunodeficiency virus and acquired immune deficiency

17  syndrome, for purposes of relicensure or recertification for

18  additional licenses.

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

20  this section shall constitute grounds for disciplinary action

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

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

23  required to complete the required course or courses.

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

25  a license under the chapters and parts specified in subsection

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

27  complete respective an educational courses course acceptable

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

29  chemical terrorism and on human immunodeficiency virus and

30  acquired immune deficiency syndrome. An applicant who has not

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

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                                                   HOUSE AMENDMENT

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

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





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

  2  complete this requirement.

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

  4  to carry out the provisions of this section.

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

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

  7  the requirements of this section.

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

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

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

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

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

13  and chemical terrorism in the immediately preceding biennium.

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

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

16  completed an approved AIDS/HIV course in the immediately

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

18  of Dentistry.

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

20  381.003, Florida Statutes, to read:

21         381.003  Communicable disease and AIDS prevention and

22  control.--

23         (3)  The department shall by rule adopt the

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

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

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

27  shall compile and maintain a list of existing needleless

28  systems and sharps with engineered sharps-injury protection

29  which shall be available to assist employers, including the

30  department and the Department of Corrections, in complying

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

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                                                   HOUSE AMENDMENT

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

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





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

  2  information, including, without limitation, the United States

  3  Food and Drug Administration, the Centers for Disease Control

  4  and Prevention, the Occupational Safety and Health

  5  Administration, and the United States Department of Veterans

  6  Affairs.

  7         Section 30.  Section 456.0345, Florida Statutes, is

  8  created to read:

  9         456.0345  Life support training.--Health care

10  practitioners who obtain training in advanced cardiac life

11  support, cardiopulmonary resuscitation, or emergency first aid

12  shall receive an equivalent number of continuing education

13  course credits which may be applied toward licensure renewal

14  requirements.

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

16  456.072, Florida Statutes, is amended to read:

17         456.072  Grounds for discipline; penalties;

18  enforcement.--

19         (1)  The following acts shall constitute grounds for

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

21  be taken:

22         (e)  Failing to comply with the educational course

23  requirements for conditions caused by nuclear, biological, and

24  chemical terrorism or for human immunodeficiency virus and

25  acquired immune deficiency syndrome.

26         Section 32.  Section 456.38, Florida Statutes, is

27  amended to read:

28         456.38  Practitioner registry for disasters and

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

30  its application and renewal forms for the licensure or

31  certification of health care practitioners licensed pursuant

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                                                   HOUSE AMENDMENT

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

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





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

  2  468, as defined in s. 456.001, who could assist the department

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

  4  practitioner would be available to provide health care

  5  services in special needs shelters or to help staff disaster

  6  medical assistance teams during times of emergency or major

  7  disaster. The names of practitioners who answer affirmatively

  8  shall be maintained by the department as a health care

  9  practitioner registry for disasters and emergencies. A health

10  care practitioner who volunteers his or her services in a

11  special needs shelter or as part of a disaster medical

12  assistance team during a time of emergency or disaster shall

13  not be terminated or discriminated against by his or her

14  employer for such volunteer work, provided that the health

15  care practitioner returns to his or her regular employment

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

17  previously approved by the employer in writing.

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

19  Statutes, is amended to read:

20         458.319  Renewal of license.--

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

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

23  care and palliative care in lieu of continuing education in

24  conditions caused by nuclear, biological, and chemical

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

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

27  biological, and chemical terrorism in the immediately

28  preceding biennium.

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

30  Statutes, is amended to read:

31         459.008  Renewal of licenses and certificates.--

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                                                   HOUSE AMENDMENT

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

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





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

  2  osteopathic physician may complete continuing education on

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

  4  education in conditions caused by nuclear, biological, and

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

  6  the AIDS/HIV continuing education in conditions caused by

  7  nuclear, biological, and chemical terrorism in the immediately

  8  preceding biennium.

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

10  401.2715, Florida Statutes, to read:

11         401.2715  Recertification training of emergency medical

12  technicians and paramedics.--

13         (4)  Any certified emergency medical technician or

14  paramedic may, as a condition of recertification, 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 recertification. The department may adopt rules necessary

19  to administer this subsection.

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

21  Statutes, is amended to read:

22         633.35  Firefighter training and certification.--

23         (1)  The division shall establish a firefighter

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

25  such agencies and institutions as it approves for the purpose

26  of providing basic employment training for firefighters. Any

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

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

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

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

31  for certification. The division may adopt rules necessary to

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                                                   HOUSE AMENDMENT

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

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





  1  administer this subsection. Nothing herein shall require a

  2  public employer to pay the cost of such training.

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

  4  Statutes, is amended to read:

  5         943.135  Requirements for continued employment.--

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

  7  that requires all officers, as a condition of continued

  8  employment or appointment as officers, to receive periodic

  9  commission-approved continuing training or education. Such

10  continuing training or education shall be required at the rate

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

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

13  No officer shall be denied a reasonable opportunity by the

14  employing agency to comply with this section.  The employing

15  agency must document that the continuing training or education

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

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

18  electronically transmit, the documentation to the commission,

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

20  provide:

21         (a)  Assistance to an employing agency in identifying

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

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

24  completion of continuing training or education;

25         (b)  A procedure for reactivation of the certification

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

27         (c)  A remediation program supervised by the training

28  center director within the geographic area for any officer who

29  is attempting to comply with the provisions of this subsection

30  and in whom learning disabilities are identified.  The officer

31  shall be assigned nonofficer duties, without loss of employee

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  765.512, Florida Statutes, are amended to read:

  4         765.512  Persons who may make an anatomical gift.--

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

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

  7  765.510, the gift to take effect upon death.  An anatomical

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

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

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

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

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

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

14  anatomical gift from being made.

15         (2)  If the decedent has executed an agreement

16  concerning an anatomical gift, by including signing an organ

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

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

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

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

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

22  contrary indications by the decedent, the document is evidence

23  of legally sufficient informed consent to donate an anatomical

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

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

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

27  s. 765.510.

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

29         (a)  Any examination necessary to assure medical

30  acceptability of the gift for the purposes intended.

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

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                                                   HOUSE AMENDMENT

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

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





  1  third party to furnish medical records requested concerning

  2  the decedent's medical and social history.

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

  4  Statutes, is amended to read:

  5         765.516  Amendment of the terms of or the revocation of

  6  the gift.--

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

  8  anatomical gift by:

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

10  signed statement.

11         (b)  An oral statement that is:

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

13         2.  made in the presence of two persons and

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

15  donee.

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

17  addressed to an attending physician, who must communicate the

18  revocation of the gift to the procurement organization that is

19  certified by the state.

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

21  person or in the donor's effects.

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

23  Statutes, is amended to read:

24         456.073  Disciplinary proceedings.--Disciplinary

25  proceedings for each board shall be within the jurisdiction of

26  the department.

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

28  judge from the Division of Administrative Hearings shall be

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

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

31  administrative complaint.  The administrative law judge shall

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                                                   HOUSE AMENDMENT

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

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





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

  2  party raises an issue of disputed fact during an informal

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

  4  pursuant to chapter 120 shall be held.

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

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

  7  petition or request for a hearing that the department has

  8  determined requires a formal hearing before an administrative

  9  law judge.

10         Section 41.  The Office of Program Policy Analysis and

11  Government Accountability and the Auditor General shall

12  conduct a joint audit of all hearings and billings therefor

13  conducted by the Division of Administrative Hearings for all

14  state agencies and nonstate agencies and shall present a

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

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

17  contains findings and recommendations regarding the manner in

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

19  recommend alternative billing formulas.

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

21  456.076, Florida Statutes, to read:

22         456.076  Treatment programs for impaired

23  practitioners.--

24         (7)  Each licensee participating in an impaired

25  practitioner program pursuant to this section shall pay a

26  portion of the costs of the consultant and impaired

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

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

29  finds the licensee to be financially unable to pay in

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

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

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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 impaired practitioner.

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

  3  contract, unless prior arrangements have been made with the

  4  impaired practitioner program.  If the licensee has entered

  5  the impaired practitioner program as a result of a

  6  disciplinary investigation, such payment shall be included in

  7  the final order imposing discipline.  The remaining costs

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

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

10  licensee shall pay the full cost of the approved treatment

11  program or other treatment plan required by the impaired

12  practitioner program, unless private funds are available to

13  assist with such payment.

14         Section 43.  Section 456.047, Florida Statutes, is

15  repealed.

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

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

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

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

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

21  456.039, Florida Statutes, is amended to read:

22         456.039  Designated health care professionals;

23  information required for licensure.--

24         (4)

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

26  licensure as a health care practitioner who submits to the

27  Department of Health a set of fingerprints or information

28  required for the criminal history check required under this

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

30  fingerprints or other duplicate information required for a

31  criminal history check to 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, the Department of Juvenile Justice, or the

  2  Department of Children and Family Services for employment or

  3  licensure with such agency or department if the applicant has

  4  undergone a criminal history check as a condition of initial

  5  licensure or licensure renewal as a health care practitioner

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

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

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

  9  Administration, the Department of Juvenile Justice, and the

10  Department of Children and Family Services shall obtain

11  criminal history information for employment or licensure of

12  health care practitioners by such agency and departments from

13  the Department of Health Health's health care practitioner

14  credentialing system.

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

16  456.0391, Florida Statutes, is amended to read:

17         456.0391  Advanced registered nurse practitioners;

18  information required for certification.--

19         (4)

20         (d)  Any applicant for initial certification or renewal

21  of certification as an advanced registered nurse practitioner

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

23  and information required for the criminal history check

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

25  subsequent set of fingerprints or other duplicate information

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

27  Care Administration, the Department of Juvenile Justice, or

28  the Department of Children and Family Services for employment

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

30  has undergone a criminal history check as a condition of

31  initial certification or renewal of certification as an

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                                                   HOUSE AMENDMENT

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

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





  1  advanced registered nurse practitioner with the Department of

  2  Health, notwithstanding any other provision of law to the

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

  4  Health Care Administration, the Department of Juvenile

  5  Justice, and the Department of Children and Family Services

  6  shall obtain criminal history information for employment or

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

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

  9  care practitioner credentialing system.

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

11  456.072, Florida Statutes, is amended to read:

12         456.072  Grounds for discipline; penalties;

13  enforcement.--

14         (1)  The following acts shall constitute grounds for

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

16  be taken:

17         (v)  Failing to comply with the requirements for

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

19  failing to provide initial information, failing to timely

20  provide updated information, or making misleading, untrue,

21  deceptive, or fraudulent representations on a profile,

22  credentialing, or initial or renewal licensure application.

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

24  Statutes, is amended to read:

25         456.077  Authority to issue citations.--

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

27  shall adopt rules designating violations for which a citation

28  may be issued. Such rules shall designate as citation

29  violations those violations for which there is no substantial

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

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

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                                                   HOUSE AMENDMENT

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

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





  1  continuing education requirements; failure to timely pay

  2  required fees and fines; failure to comply with the

  3  requirements of ss. 381.026 and 381.0261 regarding the

  4  dissemination of information regarding patient rights; failure

  5  to comply with advertising requirements; failure to timely

  6  update practitioner profile and credentialing files; failure

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

  8  required reference books available; and all other violations

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

10  safety of the patient.

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

12  Statutes, is amended to read:

13         458.309  Authority to make rules.--

14         (3)  All physicians who perform level 2 procedures

15  lasting more than 5 minutes and all level 3 surgical

16  procedures in an office setting must register the office with

17  the department unless that office is licensed as a facility

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

19  this subsection to be registered must be The department shall

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

21  accredited by a nationally recognized accrediting agency

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

23  organization subsequently approved by the Board of Medicine by

24  rule.  Each office registered but not accredited as required

25  by this subsection must achieve full and unconditional

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

27  unconditional accreditation as long as procedures described in

28  this subsection that require the office to be registered and

29  accredited are performed.  Accreditation reports shall be

30  submitted to the department. The actual costs for registration

31  and inspection or accreditation shall be paid by the person

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                                                   HOUSE AMENDMENT

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

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





  1  seeking to register and operate the office setting in which

  2  office surgery is performed.  The board may adopt rules

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

  4  subsection.

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

  6  Statutes, is amended to read:

  7         459.005  Rulemaking authority.--

  8         (2)  All osteopathic physicians who perform level 2

  9  procedures lasting more than 5 minutes and all level 3

10  surgical procedures in an office setting must register the

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

12  facility pursuant to chapter 395.  Each office that is

13  required under this subsection to be registered must be The

14  department shall inspect the physician's office annually

15  unless the office is accredited by a nationally recognized

16  accrediting agency approved by the Board of Medicine or the

17  Board of Osteopathic Medicine by rule or an accrediting

18  organization subsequently approved by the Board of Medicine or

19  the Board of Osteopathic Medicine by rule.  Each office

20  registered but not accredited as required by this subsection

21  must achieve full and unconditional accreditation no later

22  than July 1, 2003, and must maintain unconditional

23  accreditation as long as procedures described in this

24  subsection that require the office to be registered and

25  accredited are performed.  Accreditation reports shall be

26  submitted to the department.  The actual costs for

27  registration and inspection or accreditation shall be paid by

28  the person seeking to register and operate the office setting

29  in which office surgery is performed.  The Board of

30  Osteopathic Medicine may adopt rules pursuant to ss.

31  120.536(1) and 120.54 to implement this subsection.

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                                                   HOUSE AMENDMENT

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

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





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

  2  section 456.004, Florida Statutes, to read:

  3         456.004  Department; powers and duties.--The

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

  5         (11)  Require objective performance measures for all

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

  7  executive directors that reflect the expected quality and

  8  quantity of services.

  9         (12)  Consider all board requests to use private

10  vendors for particular regulatory functions.  In considering a

11  board request, the department shall conduct an analysis to

12  determine if the function could be appropriately and

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

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

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

16  particular regulatory function and the board has a positive

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

18  the service.  The contract shall include objective performance

19  measures that reflect the expected quality and quantity of the

20  service and shall include a provision that terminates the

21  contract if the service falls below expected levels.  For

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

23  defined to include licensure, licensure renewal, examination,

24  complaint analysis, investigation, or prosecution.

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

26  Statutes, is amended to read:

27         456.009  Legal and investigative services.--

28         (1)  The department shall provide board counsel for

29  boards within the department by contracting with the

30  Department of Legal Affairs, by retaining private counsel

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

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                                                   HOUSE AMENDMENT

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

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





  1  counsel. The primary responsibility of board counsel shall be

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

  3  board shall provide for the periodic review and evaluation of

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

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

  6  department to implement this chapter, subject to the

  7  provisions of s. 456.025. All contracts for independent

  8  counsel shall provide for periodic review and evaluation by

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

10  and investigative services shall be reviewed by the department

11  annually to determine if such services are meeting the

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

13  contracts for legal and investigative services must include

14  objective performance measures that reflect the expected

15  quality and quantity of the contracted services.

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

17  456.011, Florida Statutes, to read:

18         456.011  Boards; organization; meetings; compensation

19  and travel expenses.--

20         (6)  Meetings of board committees, including probable

21  cause panels, shall be conducted electronically unless held

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

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

24  particular committee meeting is expected to last more than 5

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

26  meeting, the chair of the committee may request special

27  permission from the director of the Division of Medical

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

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

30  committee determines that another location is necessary due to

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

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                                                   HOUSE AMENDMENT

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

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





  1  director authorizes the additional costs, if any.

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

  3  456.026, Florida Statutes, to read:

  4         456.026  Annual report concerning finances,

  5  administrative complaints, disciplinary actions, and

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

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

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

  9  addition to finances and any other information the Legislature

10  may require, the report shall include statistics and relevant

11  information, profession by profession, detailing:

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

13  boards, and contracted entities required by the department to

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

15  description of any effort to improve the performance of such

16  services.

17         Section 55.  Section 458.3093, Florida Statutes, is

18  created to read:

19         458.3093  Licensure credentials verification.--All

20  applicants for initial physician licensure pursuant to this

21  chapter must submit their credentials to the Federation of

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

23  and the department shall only consider applications for

24  initial physician licensure pursuant to this chapter that have

25  been verified by the Federation of State Medical Boards

26  Credentials Verification Service or an equivalent program

27  approved by the board.

28         Section 56.  Section 459.0053, Florida Statutes, is

29  created to read:

30         459.0053  Licensure credentials verification.--All

31  applicants for initial osteopathic physician licensure

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                                                   HOUSE AMENDMENT

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

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





  1  pursuant to this chapter must submit their credentials to the

  2  Federation of State Medical Boards.  Effective January 1,

  3  2003, the board and the department shall only consider

  4  applications for initial osteopathic physician licensure

  5  pursuant to this chapter that have been verified by the

  6  Federation of State Medical Boards Credentials Verification

  7  Service, the American Osteopathic Association, or an

  8  equivalent program approved by the board.

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

10  458.331, Florida Statutes, is amended to read:

11         458.331  Grounds for disciplinary action; action by the

12  board and department.--

13         (1)  The following acts constitute grounds for denial

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

15  456.072(2):

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

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

18  treatment which is recognized by a reasonably prudent similar

19  physician as being acceptable under similar conditions and

20  circumstances.  The board shall give great weight to the

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

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

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

24  malpractice within the previous 5-year period resulting in

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

26  the claimant in a judgment or settlement and which incidents

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

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

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

30  is recognized by a reasonably prudent similar physician as

31  being acceptable under similar conditions and circumstances,"

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  construed to require that a physician be incompetent to

  4  practice medicine in order to be disciplined pursuant to this

  5  paragraph.

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

  7  459.015, Florida Statutes, is amended to read:

  8         459.015  Grounds for disciplinary action; action by the

  9  board and department.--

10         (1)  The following acts constitute grounds for denial

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

12  456.072(2):

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

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

15  and treatment which is recognized by a reasonably prudent

16  similar osteopathic physician as being acceptable under

17  similar conditions and circumstances. The board shall give

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

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

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

21  claims for medical malpractice within the previous 5-year

22  period resulting in indemnities being paid in excess of

23  $50,000 $25,000 each to the claimant in a judgment or

24  settlement and which incidents involved negligent conduct by

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

26  malpractice" or "the failure to practice osteopathic medicine

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

28  recognized by a reasonably prudent similar osteopathic

29  physician as being acceptable under similar conditions and

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

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

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                                                   HOUSE AMENDMENT

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

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





  1  shall be construed to require that an osteopathic physician be

  2  incompetent to practice osteopathic medicine in order to be

  3  disciplined pursuant to this paragraph.  A recommended order

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

  5  finding a violation under this paragraph shall specify whether

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

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

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

  9  is recognized as being acceptable under similar conditions and

10  circumstances," or any combination thereof, and any

11  publication by the board shall so specify.

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

13  Statutes, is amended to read:

14         627.912  Professional liability claims and actions;

15  reports by insurers.--

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

17  each insurer or joint underwriting association providing

18  professional liability insurance to a practitioner of medicine

19  licensed under chapter 458, to a practitioner of osteopathic

20  medicine licensed under chapter 459, to a podiatric physician

21  licensed under chapter 461, to a dentist licensed under

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

23  crisis stabilization unit licensed under part IV of chapter

24  394, to a health maintenance organization certificated under

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

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

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

28  Department of Insurance any claim or action for damages for

29  personal injuries claimed to have been caused by error,

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

31  professional services or based on a claimed performance of

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                                                   HOUSE AMENDMENT

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

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





  1  professional services without consent, if the claim resulted

  2  in:

  3         (a)  A final judgment in any amount.

  4         (b)  A settlement in any amount.

  5

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

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

  8  459, or chapter 461, or chapter 466, with the Department of

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

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

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

12  466 and the final judgment or settlement was in an amount

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

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

15  days following the occurrence of any event listed in this

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

17  Health shall review each report and determine whether any of

18  the incidents that resulted in the claim potentially involved

19  conduct by the licensee that is subject to disciplinary

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

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

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

23  without identifying licensees, on the reports it receives,

24  including final action taken on such reports by the Department

25  of Health or the appropriate regulatory board.

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

27  section 456.073, Florida Statutes, to read:

28         456.073  Disciplinary proceedings.--Disciplinary

29  proceedings for each board shall be within the jurisdiction of

30  the department.

31         (14)  When the probable cause panel determines that

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                                                   HOUSE AMENDMENT

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

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





  1  probable cause exists that a violation of law occurred but

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

  3  probable cause as a result of mitigating circumstances, the

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

  5  of the costs of the investigation and prosecution of the case

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

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

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

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

10  administrative complaint against the subject based on the

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

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

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

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

15  considered a final order of discipline.

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

17  shall be closed within 14 days following the probable cause

18  panel meeting at which such determination was made.  The

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

20  subject within 14 days after such probable cause panel

21  meeting.

22         Section 61.  The Office of Program Policy Analysis and

23  Governmental Accountability shall review the investigative

24  field office structure and organization of the Agency for

25  Health Care Administration to determine the feasibility of

26  eliminating all or some field offices, the feasibility of

27  combining field offices, and the feasibility of requiring

28  field inspectors and investigators to telecommute from home in

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

30  agency programs that have field offices, including health

31  practitioner regulation even if health practitioner regulation

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  Senate and the Speaker of the House of Representatives no

  4  later than January 1, 2003.

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

  6  Statutes, is amended to read:

  7         456.025  Fees; receipts; disposition.--

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

  9  of regulating health care professions and practitioners shall

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

11  also the intent of the Legislature that fees should be

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

13  it is the intent of the Legislature that the department

14  operate as efficiently as possible and regularly report to the

15  Legislature additional methods to streamline operational

16  costs. Therefore, the boards in consultation with the

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

18  rule, set renewal fees which:

19         (a)  Shall be based on revenue projections prepared

20  using generally accepted accounting procedures;

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

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

23  plan, as required by s. 456.005;

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

25  barrier to licensure;

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

27  under the scope of the license;

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

29  licensure types; and

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

31  fee imposed for the previous biennium;

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                                                   HOUSE AMENDMENT

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

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





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

  2  actual cost to regulate that profession for the previous

  3  biennium; and

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

  5  chapter 120.

  6         Section 63.  Section 456.0165, Florida Statutes, is

  7  created to read:

  8         456.0165  Examination location.--A college, university,

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

10  school for a health care practitioner licensure examination.

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

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

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

14  or vocational school may only charge the department the actual

15  cost of nonreusable supplies provided by the school at the

16  request of the department.

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

18  licensure renewal fees for professions within the Division of

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

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

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

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

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

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

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

26  regulate that profession, whichever is less.

27         Section 65.  Paragraph (g) of subsection (3) and

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

29  Statutes, are amended to read:

30         468.302  Use of radiation; identification of certified

31  persons; limitations; exceptions.--

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                                                   HOUSE AMENDMENT

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

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





  1         (3)

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

  3  medicine technologist may only:

  4         1.  Conduct in vivo and in vitro measurements of

  5  radioactivity and administer radiopharmaceuticals to human

  6  beings for diagnostic and therapeutic purposes.

  7         2.  Administer X radiation from a combination nuclear

  8  medicine-computed tomography device if that radiation is

  9  administered as an integral part of a nuclear medicine

10  procedure that uses an automated computed tomography protocol

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

12  combination device.

13

14  However, the authority of a nuclear medicine technologist

15  under this paragraph excludes radioimmunoassay and other

16  clinical laboratory testing regulated pursuant to chapter 483.

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

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

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

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

21  cardiopulmonary technologist with active certification as a

22  registered cardiovascular invasive specialist from a

23  nationally recognized credentialing organization, or future

24  equivalent should such credentialing be subsequently modified,

25  each of whom is trained and skilled in invasive cardiovascular

26  cardiopulmonary technology, including the radiologic

27  technology duties associated with such procedures, and who

28  provides invasive cardiovascular cardiopulmonary technology

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

30  of a licensed practitioner. A person requesting this exemption

31  must have successfully completed a didactic and clinical

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                                                   HOUSE AMENDMENT

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

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





  1  training program in the following areas before performing

  2  radiologic technology duties under the direct supervision of a

  3  licensed practitioner:

  4         1.  Principles of X-ray production and equipment

  5  operation.

  6         2.  Biological effects of radiation.

  7         3.  Radiation exposure and monitoring.

  8         4.  Radiation safety and protection.

  9         5.  Evaluation of radiographic equipment and

10  accessories.

11         6.  Radiographic exposure and technique factors.

12         7.  Film processing.

13         8.  Image quality assurance.

14         9.  Patient positioning.

15         10.  Administration and complications of contrast

16  media.

17         11.  Specific fluoroscopic and digital X-ray imaging

18  procedures related to invasive cardiovascular technology.

19         Section 66.  Section 468.352, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section. See

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

23         468.352  Definitions.--As used in this part the term:

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

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

26  licensed pursuant to this part who is certified by the

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

28  employed to deliver respiratory care services, under the order

29  of a physician licensed pursuant to chapter 458 or chapter

30  459, in accordance with protocols established by a hospital or

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

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                                                   HOUSE AMENDMENT

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

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





  1  situations of unsupervised patient contact requiring

  2  individual judgment.

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

  4  any setting involving a life-threatening emergency.

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

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

  7  direction of a licensed, registered, or certified respiratory

  8  therapist who is physically on the premises and readily

  9  available, as defined by the board.

10         (6)  "Physician supervision" means supervision and

11  control by a physician licensed under chapter 458 or chapter

12  459 who assumes the legal liability for the services rendered

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

14  case of an emergency, physician supervision requires the easy

15  availability of the physician within the office or the

16  physical presence of the physician for consultation and

17  direction of the actions of the persons who deliver

18  respiratory care services.

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

20  therapy" means the allied health specialty associated with the

21  cardiopulmonary system that is practiced under the orders of a

22  physician licensed under chapter 458 or chapter 459 and in

23  accordance with protocols, policies, and procedures

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

25  board, including the assessment, diagnostic evaluation,

26  treatment, management, control, rehabilitation, education, and

27  care of patients.

28         (8)  "Registered respiratory therapist" means any

29  person licensed under this part who is registered by the

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

31  is employed to deliver respiratory care services under the

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                                                   HOUSE AMENDMENT

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

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





  1  order of a physician licensed under chapter 458 or chapter

  2  459, in accordance with protocols established by a hospital or

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

  4  situations of unsupervised patient contact requiring

  5  individual judgment.

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

  7  licensed under this part who is employed to deliver

  8  respiratory care services, under direct supervision, pursuant

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

10  chapter 459.

11         (10)  "Respiratory care services" includes:

12         (a)  Evaluation and disease management.

13         (b)  Diagnostic and therapeutic use of respiratory

14  equipment, devices, or medical gas.

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

16  prescribed by a physician licensed under chapter 458 or

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

18  procedures established by a hospital or other health care

19  provider or the board.

20         (d)  Initiation, management, and maintenance of

21  equipment to assist and support ventilation and respiration.

22         (e)  Diagnostic procedures, research, and therapeutic

23  treatment and procedures, including measurement of ventilatory

24  volumes, pressures, and flows; specimen collection and

25  analysis of blood for gas transport and acid/base

26  determinations; pulmonary-function testing; and other related

27  physiological monitoring of cardiopulmonary systems.

28         (f)  Cardiopulmonary rehabilitation.

29         (g)  Cardiopulmonary resuscitation, advanced cardiac

30  life support, neonatal resuscitation, and pediatric advanced

31  life support, or equivalent functions.

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                                                   HOUSE AMENDMENT

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

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





  1         (h)  Insertion and maintenance of artificial airways

  2  and intravascular catheters.

  3         (i)  Performing sleep-disorder studies.

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

  5  other health care providers, including disease process and

  6  management programs and smoking prevention and cessation

  7  programs.

  8         (k)  Initiation and management of hyperbaric oxygen.

  9         Section 67.  Section 468.355, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

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

13         468.355  Licensure requirements.--To be eligible for

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

15  "Certified Respiratory Therapist" or be registered as a

16  "Registered Respiratory Therapist" by the National Board for

17  Respiratory Care, or its successor.

18         Section 68.  Section 468.368, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

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

22         468.368  Exemptions.--This part may not be construed to

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

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

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

26  she is licensed.

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

28  another state or territory who is employed by the United

29  States Government or any agency thereof while such person is

30  discharging his or her official duties.

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

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

  2  represent himself or herself to be a respiratory care

  3  practitioner or respiratory therapist.

  4         (4)  An individual providing respiratory care services

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

  6  respiratory care practitioner or respiratory therapist.

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

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

  9  physician licensed pursuant to chapter 458 or chapter 459.

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

11  respiratory care without a license.

12         (6)  Any individual credentialed by the Board of

13  Registered Polysomnographic Technologists, as a registered

14  polysomnographic technologist, as related to the diagnosis and

15  evaluation of treatment for sleep disorders.

16         (7)  Any individual certified or registered as a

17  pulmonary function technologist who is credentialed by the

18  National Board for Respiratory Care from performing

19  cardiopulmonary diagnostic studies.

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

21  respiratory care program approved by the board, while

22  performing respiratory care as an integral part of a required

23  course.

24         (9)  The delivery of incidental respiratory care to

25  noninstitutionalized persons by surrogate family members who

26  do not represent themselves as registered or certified

27  respiratory care therapists.

28         (10)  Any individual credentialed by the Underseas

29  Hyperbaric Society in hyperbaric medicine or its equivalent as

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

31  subsection does not, however, authorize the practice of

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

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  1  respiratory care without a license.

  2         Section 69.  Sections 468.356 and 468.357, Florida

  3  Statutes, are repealed.

  4         Section 70.  Subsection (4) of section 468.80, Florida

  5  Statutes, is amended to read:

  6         468.80  Definitions.--As used in this act, the term:

  7         (4)  "Orthosis" means a medical device used to provide

  8  support, correction, or alleviation of neuromuscular or

  9  musculoskeletal dysfunction, disease, injury, or deformity,

10  but does not include the following assistive technology

11  devices:  upper extremity adaptive equipment used to

12  facilitate the activities of daily living, including

13  specialized utensils, combs, and brushes; finger splints; a

14  device to treat injuries to the musculoskeletal system made of

15  either plaster of paris bandage or roll fiberglass bandage and

16  fabricated directly on the patient; wheelchair seating and

17  equipment that is an integral part of the wheelchair and not

18  worn by the patient; elastic abdominal supports that do not

19  have metal or plastic reinforcing stays; arch supports;

20  nontherapeutic accommodative inlays and nontherapeutic

21  accommodative footwear, regardless of method of manufacture;

22  unmodified, over-the-counter shoes; prefabricated foot care

23  products; durable medical equipment such as canes, crutches,

24  or walkers; dental appliances; or devices implanted into the

25  body by a physician. For purposes of this subsection,

26  "accommodative" means designed with the primary goal of

27  conforming to the individual's anatomy and "inlay" means any

28  removable material upon which the foot directly rests inside

29  the shoe and which may be an integral design component of the

30  shoe.

31         Section 71.  Beginning July 1, 2003, application forms

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                                                   HOUSE AMENDMENT

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





  1  for initial licensure and licensure renewal for the

  2  professions regulated by the Department of Health, Division of

  3  Medical Quality Assurance, shall be submitted electronically

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

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

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

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

  8  license only if the licensee provides satisfactory evidence

  9  that all conditions and requirements of licensure or renewal

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

11  required fees, the completion of required continuing education

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

13  responsibility. This section shall not be construed to reduce

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

15  Statutes, or the applicable practice act.

16         Section 72.  In order to maximize the state's return on

17  investment, to increase the efficiency and timeliness of the

18  conversion to electronic licensure, and to promote fiscal

19  responsibility during the transition to electronic licensure,

20  the Department of Health may convert its practitioner

21  credentialing technology into an electronic licensure and

22  licensure renewal system. This section shall take effect upon

23  this act becoming a law.

24         Section 73.  (1)  Effective July 1, 2004, and each July

25  1 thereafter, the fee caps established in the following

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

27  457.107, 458.313, 458.3135, 458.3145, 458.317, 458.319,

28  458.347, 459.0092, 459.022, 460.406, 460.407, 460.4165,

29  460.4166, 461.006, 461.007, 462.16, 462.19, 463.0057, 463.006,

30  463.007, 464.008, 464.009, 464.012, 464.019, 465.007,

31  465.0075, 465.008, 465.0125, 465.0126, 465.022, 465.0276,

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

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  1  466.006, 466.007, 466.008, 466.013, 466.032, 467.0125,

  2  467.0135, 468.1145, 468.1695, 468.1705, 468.1715, 468.1735,

  3  468.221, 468.364, 468.508, 468.709, 468.803, 468.806, 478.55,

  4  480.043, 480.044, 483.807, 483.901, 484.002, 484.007, 484.008,

  5  484.009, 484.0447, 486.041, 486.061, 486.081, 486.085,

  6  486.103, 486.106, 486.107, 486.108, 490.005, 490.0051,

  7  490.007, 491.0045, 491.0046, 491.005, 491.007, 491.008,

  8  491.0085, and 491.0145, Florida Statutes.

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

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

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

12  nearest dollar.

13         Section 74.  Sections 381.0602, 381.6021, 381.6022,

14  381.6023, 381.6024, and 381.6026, Florida Statutes, are

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

16  765.545, and 765.547, Florida Statutes, respectively.

17         Section 75.  Section 381.60225, Florida Statutes, is

18  renumbered as section 765.543, Florida Statutes, and

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

20         765.543 381.60225  Background screening.--

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

22  eye bank certified by the Agency for Health Care

23  Administration in accordance with ss. 381.6021 and 765.542

24  381.6022 is not subject to the requirements of this section if

25  the entity has no direct patient care responsibilities and

26  does not bill patients or insurers directly for services under

27  the Medicare or Medicaid programs, or for privately insured

28  services.

29         Section 76.  Section 381.6025, Florida Statutes, is

30  renumbered as section 765.546, Florida Statutes, and amended

31  to read:

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                                                   HOUSE AMENDMENT

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

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





  1         765.546 381.6025  Physician supervision of cadaveric

  2  organ and tissue procurement coordinators.--Organ procurement

  3  organizations, tissue banks, and eye banks may employ

  4  coordinators, who are registered nurses, physician's

  5  assistants, or other medically trained personnel who meet the

  6  relevant standards for organ procurement organizations, tissue

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

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

  9  medical management of organ donors or in the surgical

10  procurement of cadaveric organs, tissues, or eyes for

11  transplantation or research. A coordinator who assists in the

12  medical management of organ donors or in the surgical

13  procurement of cadaveric organs, tissues, or eyes for

14  transplantation or research must do so under the direction and

15  supervision of a licensed physician medical director pursuant

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

17  Care Administration. With the exception of organ procurement

18  surgery, this supervision may be indirect supervision. For

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

20  means that the medical director is responsible for the medical

21  actions of the coordinator, that the coordinator is operating

22  under protocols expressly approved by the medical director,

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

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

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

26  tissue, and eye donation and procurement. Although indirect

27  supervision is authorized under this section, direct physician

28  supervision is to be encouraged when appropriate.

29         Section 77.  Subsection (2) of section 395.2050,

30  Florida Statutes, is amended to read:

31         395.2050  Routine inquiry for organ and tissue

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                                                   HOUSE AMENDMENT

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

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





  1  donation; certification for procurement activities.--

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

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

  4  comply with the certification requirements of ss.

  5  765.541-765.547 381.6021-381.6026.

  6         Section 78.  Paragraph (e) of subsection (2) of section

  7  409.815, Florida Statutes, is amended to read:

  8         409.815  Health benefits coverage; limitations.--

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

10  coverage to qualify for premium assistance payments for an

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

12  coverage, except for coverage under Medicaid and Medikids,

13  must include the following minimum benefits, as medically

14  necessary.

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

16  include pretransplant, transplant, and postdischarge services

17  and treatment of complications after transplantation for

18  transplants deemed necessary and appropriate within the

19  guidelines set by the Organ Transplant Advisory Council under

20  s. 765.53 381.0602 or the Bone Marrow Transplant Advisory

21  Panel under s. 627.4236.

22         Section 79.  Subsection (2) of section 765.5216,

23  Florida Statutes, is amended to read:

24         765.5216  Organ and tissue donor education panel.--

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

26  Administration a statewide organ and tissue donor education

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

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

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

30  Tissue Procurement and Transplantation Advisory Board

31  established in s. 765.544 381.6023 shall jointly develop,

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                                                   HOUSE AMENDMENT

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

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





  1  subject to the approval of the Agency for Health Care

  2  Administration, education initiatives pursuant to s. 732.9215,

  3  which the agency shall implement.  The membership must be

  4  balanced with respect to gender, ethnicity, and other

  5  demographic characteristics so that the appointees reflect the

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

  7  must include:

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

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

10         (b)  A representative from a Florida licensed organ

11  procurement organization.

12         (c)  A representative from a Florida licensed tissue

13  bank.

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

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

16         (f)  A representative from the Division of Driver

17  Licenses of the Department of Highway Safety and Motor

18  Vehicles, who possesses experience and knowledge in dealing

19  with the public.

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

21  tissue, or eye donor.

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

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

24  recipient.

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

26  defined in s. 381.81.

27         (j)  A representative from a professional association

28  or public relations or advertising organization.

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

30  organization.

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

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                                                   HOUSE AMENDMENT

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

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





  1         Section 80.  Subsection (5) of section 765.522, Florida

  2  Statutes, is amended to read:

  3         765.522  Duty of certain hospital administrators;

  4  liability of hospital administrators, organ procurement

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

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

  7  against any organ procurement organization, eye bank, or

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

  9  any hospital or hospital administrator or designee, when

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

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

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

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

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

15         Section 81.  (1)  This section may be cited as the

16  "Jennifer Knight Medicaid Lung Transplant Act."

17         (2)  Subject to the availability of funds and subject

18  to any limitations or directions provided for in the General

19  Appropriations Act or chapter 216, Florida Statutes, the

20  Medicaid program of the Agency for Health Care Administration

21  shall pay for medically necessary lung transplant services for

22  Medicaid recipients.

23         Section 82.  Subsection (1) of section 409.915, Florida

24  Statutes, is amended to read:

25         409.915  County contributions to Medicaid.--Although

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

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

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

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

30  service as provided in this section.

31         (1)  Each county shall participate in the following

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                                                   HOUSE AMENDMENT

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

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





  1  items of care and service:

  2         (a)  For both health maintenance members and

  3  fee-for-service beneficiaries, payments for inpatient

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

  5  days, with the exception of payments for:

  6         1.  Pregnant women and children whose income is in

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

  8  in the Medicaid medically needy program.

  9         2.  Adult lung transplant services.

10         (b)  Payments for nursing home or intermediate

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

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

13         Section 83.  Effective upon this act becoming a law and

14  applicable to any loan or scholarship that is in default on or

15  after the effective date, subsection (4) is added to section

16  456.074, Florida Statutes, to read:

17         456.074  Certain health care practitioners; immediate

18  suspension of license.--

19         (4)  Upon receipt of information that a

20  Florida-licensed health care practitioner has defaulted on a

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

22  Government, the department shall notify the licensee by

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

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

25  mailing, the licensee provides proof that new payment terms

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

27  department shall issue an emergency order suspending the

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

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

30  proof.  Production of such proof shall not prohibit the

31  department from proceeding with disciplinary action against

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                                                   HOUSE AMENDMENT

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

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





  1  the licensee pursuant to s. 456.073.

  2         Section 84.  Effective upon this act becoming a law and

  3  applicable to any loan or scholarship that is in default on or

  4  after the effective date, paragraph (k) of subsection (1) of

  5  section 456.072, Florida Statutes, is amended, and subsection

  6  (2) of said section is reenacted, to read:

  7         456.072  Grounds for discipline; penalties;

  8  enforcement.--

  9         (1)  The following acts shall constitute grounds for

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

11  be taken:

12         (k)  Failing to perform any statutory or legal

13  obligation placed upon a licensee.  For purposes of this

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

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

16  terms of the loan or failing to comply with service

17  scholarship obligations shall be considered a failure to

18  perform a statutory or legal obligation, and the minimum

19  disciplinary action imposed shall be a suspension of the

20  license until new payment terms are agreed upon or the

21  scholarship obligation is resumed, followed by probation for

22  the duration of the student loan or remaining scholarship

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

24  defaulted loan amount.  Fines collected shall be deposited

25  into the Medical Quality Assurance Trust Fund. The provisions

26  of this paragraph relating to students loans and service

27  obligations shall not be construed to apply to a student who

28  opts to repay a loan or scholarship in lieu of fulfillment of

29  service obligations, provided the student complies with the

30  repayment provisions of the loan or scholarship.

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

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                                                   HOUSE AMENDMENT

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

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





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

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

  3  practice act, including conduct constituting a substantial

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

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

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

  7  penalties:

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

  9  restrictions, an application for a license.

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

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

12  not limited to, restricting the licensee from practicing in

13  certain settings, restricting the licensee to work only under

14  designated conditions or in certain settings, restricting the

15  licensee from performing or providing designated clinical and

16  administrative services, restricting the licensee from

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

18  other restriction found to be necessary for the protection of

19  the public health, safety, and welfare.

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

21  $10,000 for each count or separate offense. If the violation

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

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

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

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

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

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

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

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

30  licensee to undergo treatment, attend continuing education

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

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                                                   HOUSE AMENDMENT

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

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

  2  tailored to the violations found.

  3         (g)  Corrective action.

  4         (h)  Imposition of an administrative fine in accordance

  5  with s. 381.0261 for violations regarding patient rights.

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

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

  8         (j)  Requirement that the practitioner undergo remedial

  9  education.

10

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

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

13  sanctions are necessary to protect the public or to compensate

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

15  the disciplining authority consider and include in the order

16  requirements designed to rehabilitate the practitioner. All

17  costs associated with compliance with orders issued under this

18  subsection are the obligation of the practitioner.

19         Section 85.  The Department of Health shall obtain from

20  the United States Department of Health and Human Services

21  information necessary to investigate and prosecute health care

22  practitioners for failing to repay a student loan or comply

23  with scholarship service obligations pursuant to s.

24  456.072(1)(k), Florida Statutes.  The department shall obtain

25  from the United States Department of Health and Human Services

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

27  with the information necessary to investigate a complaint in

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

29  may obtain evidence to support the investigation and

30  prosecution from any financial institution or educational

31  institution involved in providing the loan or education to the

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                                                   HOUSE AMENDMENT

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

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





  1  practitioner.  The department shall report to the Legislature

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

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

  4  the results of the department's investigations and

  5  prosecutions, and the amount of fines collected from

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

  7  Florida Statutes.

  8         Section 86.  Section 456.026, Florida Statutes, is

  9  reenacted to read:

10         456.026  Annual report concerning finances,

11  administrative complaints, disciplinary actions, and

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

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

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

15  addition to finances and any other information the Legislature

16  may require, the report shall include statistics and relevant

17  information, profession by profession, detailing:

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

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

20         (2)  The number of complaints received and

21  investigated.

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

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

24         (5)  The number of administrative complaints filed.

25         (6)  The disposition of all administrative complaints.

26         (7)  A description of disciplinary actions taken.

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

28  reduce or otherwise close any investigation or disciplinary

29  proceeding not before the Division of Administrative Hearings

30  under chapter 120 or otherwise not completed within 1 year

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

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                                                   HOUSE AMENDMENT

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

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





  1         (9)  The status of the development and implementation

  2  of rules providing for disciplinary guidelines pursuant to s.

  3  456.079.

  4         (10)  Such recommendations for administrative and

  5  statutory changes necessary to facilitate efficient and

  6  cost-effective operation of the department and the various

  7  boards.

  8         Section 87.  Section 456.073, Florida Statutes, is

  9  reenacted to read:

10         456.073  Disciplinary proceedings.--Disciplinary

11  proceedings for each board shall be within the jurisdiction of

12  the department.

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

14  jurisdiction, shall cause to be investigated any complaint

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

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

17  legally sufficient if it contains ultimate facts that show

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

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

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

21  the department has occurred. In order to determine legal

22  sufficiency, the department may require supporting information

23  or documentation. The department may investigate, and the

24  department or the appropriate board may take appropriate final

25  action on, a complaint even though the original complainant

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

27  complaint to be investigated or prosecuted to completion. The

28  department may investigate an anonymous complaint if the

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

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

31  department has reason to believe, after preliminary inquiry,

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                                                   HOUSE AMENDMENT

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

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





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

  2  department may investigate a complaint made by a confidential

  3  informant if the complaint is legally sufficient, if the

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

  5  department has reason to believe, after preliminary inquiry,

  6  that the allegations of the complainant are true. The

  7  department may initiate an investigation if it has reasonable

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

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

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

11  459.015(9), 460.413(5), and 461.013(6), when an investigation

12  of any subject is undertaken, the department shall promptly

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

14  complaint or document that resulted in the initiation of the

15  investigation. The subject may submit a written response to

16  the information contained in such complaint or document within

17  20 days after service to the subject of the complaint or

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

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

20  prohibit the issuance of a summary emergency order if

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

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

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

24  writing that such notification would be detrimental to the

25  investigation, the department may withhold notification. The

26  department may conduct an investigation without notification

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

28  offense.

29         (2)  The department shall allocate sufficient and

30  adequately trained staff to expeditiously and thoroughly

31  determine legal sufficiency and investigate all legally

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                                                   HOUSE AMENDMENT

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

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





  1  sufficient complaints. For purposes of this section, it is the

  2  intent of the Legislature that the term "expeditiously" means

  3  that the department complete the report of its initial

  4  investigative findings and recommendations concerning the

  5  existence of probable cause within 6 months after its receipt

  6  of the complaint. The failure of the department, for

  7  disciplinary cases under its jurisdiction, to comply with the

  8  time limits of this section while investigating a complaint

  9  against a licensee constitutes harmless error in any

10  subsequent disciplinary action unless a court finds that

11  either the fairness of the proceeding or the correctness of

12  the action may have been impaired by a material error in

13  procedure or a failure to follow prescribed procedure. When

14  its investigation is complete and legally sufficient, the

15  department shall prepare and submit to the probable cause

16  panel of the appropriate regulatory board the investigative

17  report of the department. The report shall contain the

18  investigative findings and the recommendations of the

19  department concerning the existence of probable cause. The

20  department shall not recommend a letter of guidance in lieu of

21  finding probable cause if the subject has already been issued

22  a letter of guidance for a related offense. At any time after

23  legal sufficiency is found, the department may dismiss any

24  case, or any part thereof, if the department determines that

25  there is insufficient evidence to support the prosecution of

26  allegations contained therein. The department shall provide a

27  detailed report to the appropriate probable cause panel prior

28  to dismissal of any case or part thereof, and to the subject

29  of the complaint after dismissal of any case or part thereof,

30  under this section. For cases dismissed prior to a finding of

31  probable cause, such report is confidential and exempt from s.

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                                                   HOUSE AMENDMENT

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

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





  1  119.07(1). The probable cause panel shall have access, upon

  2  request, to the investigative files pertaining to a case prior

  3  to dismissal of such case. If the department dismisses a case,

  4  the probable cause panel may retain independent legal counsel,

  5  employ investigators, and continue the investigation and

  6  prosecution of the case as it deems necessary.

  7         (3)  As an alternative to the provisions of subsections

  8  (1) and (2), when a complaint is received, the department may

  9  provide a licensee with a notice of noncompliance for an

10  initial offense of a minor violation. Each board, or the

11  department if there is no board, shall establish by rule those

12  minor violations under this provision which do not endanger

13  the public health, safety, and welfare and which do not

14  demonstrate a serious inability to practice the profession.

15  Failure of a licensee to take action in correcting the

16  violation within 15 days after notice may result in the

17  institution of regular disciplinary proceedings.

18         (4)  The determination as to whether probable cause

19  exists shall be made by majority vote of a probable cause

20  panel of the board, or by the department, as appropriate. Each

21  regulatory board shall provide by rule that the determination

22  of probable cause shall be made by a panel of its members or

23  by the department. Each board may provide by rule for multiple

24  probable cause panels composed of at least two members. Each

25  board may provide by rule that one or more members of the

26  panel or panels may be a former board member. The length of

27  term or repetition of service of any such former board member

28  on a probable cause panel may vary according to the direction

29  of the board when authorized by board rule. Any probable cause

30  panel must include one of the board's former or present

31  consumer members, if one is available, is willing to serve,

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                                                   HOUSE AMENDMENT

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

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





  1  and is authorized to do so by the board chair. Any probable

  2  cause panel must include a present board member. Any probable

  3  cause panel must include a former or present professional

  4  board member. However, any former professional board member

  5  serving on the probable cause panel must hold an active valid

  6  license for that profession. All proceedings of the panel are

  7  exempt from s. 286.011 until 10 days after probable cause has

  8  been found to exist by the panel or until the subject of the

  9  investigation waives his or her privilege of confidentiality.

10  The probable cause panel may make a reasonable request, and

11  upon such request the department shall provide such additional

12  investigative information as is necessary to the determination

13  of probable cause. A request for additional investigative

14  information shall be made within 15 days from the date of

15  receipt by the probable cause panel of the investigative

16  report of the department or the agency. The probable cause

17  panel or the department, as may be appropriate, shall make its

18  determination of probable cause within 30 days after receipt

19  by it of the final investigative report of the department. The

20  secretary may grant extensions of the 15-day and the 30-day

21  time limits. In lieu of a finding of probable cause, the

22  probable cause panel, or the department if there is no board,

23  may issue a letter of guidance to the subject. If, within the

24  30-day time limit, as may be extended, the probable cause

25  panel does not make a determination regarding the existence of

26  probable cause or does not issue a letter of guidance in lieu

27  of a finding of probable cause, the department must make a

28  determination regarding the existence of probable cause within

29  10 days after the expiration of the time limit.  If the

30  probable cause panel finds that probable cause exists, it

31  shall direct the department to file a formal complaint against

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                                                   HOUSE AMENDMENT

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

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





  1  the licensee. The department shall follow the directions of

  2  the probable cause panel regarding the filing of a formal

  3  complaint. If directed to do so, the department shall file a

  4  formal complaint against the subject of the investigation and

  5  prosecute that complaint pursuant to chapter 120. However, the

  6  department may decide not to prosecute the complaint if it

  7  finds that probable cause has been improvidently found by the

  8  panel. In such cases, the department shall refer the matter to

  9  the board. The board may then file a formal complaint and

10  prosecute the complaint pursuant to chapter 120. The

11  department shall also refer to the board any investigation or

12  disciplinary proceeding not before the Division of

13  Administrative Hearings pursuant to chapter 120 or otherwise

14  completed by the department within 1 year after the filing of

15  a complaint. The department, for disciplinary cases under its

16  jurisdiction, must establish a uniform reporting system to

17  quarterly refer to each board the status of any investigation

18  or disciplinary proceeding that is not before the Division of

19  Administrative Hearings or otherwise completed by the

20  department within 1 year after the filing of the complaint.

21  Annually, the department, in consultation with the applicable

22  probable cause panel, must establish a plan to expedite or

23  otherwise close any investigation or disciplinary proceeding

24  that is not before the Division of Administrative Hearings or

25  otherwise completed by the department within 1 year after the

26  filing of the complaint.  A probable cause panel or a board

27  may retain independent legal counsel, employ investigators,

28  and continue the investigation as it deems necessary; all

29  costs thereof shall be paid from a trust fund used by the

30  department to implement this chapter. All proceedings of the

31  probable cause panel are exempt from s. 120.525.

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                                                   HOUSE AMENDMENT

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

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





  1         (5)  A formal hearing before an administrative law

  2  judge from the Division of Administrative Hearings shall be

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

  4  of material fact. The administrative law judge shall issue a

  5  recommended order pursuant to chapter 120. If any party raises

  6  an issue of disputed fact during an informal hearing, the

  7  hearing shall be terminated and a formal hearing pursuant to

  8  chapter 120 shall be held.

  9         (6)  The appropriate board, with those members of the

10  panel, if any, who reviewed the investigation pursuant to

11  subsection (4) being excused, or the department when there is

12  no board, shall determine and issue the final order in each

13  disciplinary case. Such order shall constitute final agency

14  action. Any consent order or agreed-upon settlement shall be

15  subject to the approval of the department.

16         (7)  The department shall have standing to seek

17  judicial review of any final order of the board, pursuant to

18  s. 120.68.

19         (8)  Any proceeding for the purpose of summary

20  suspension of a license, or for the restriction of the

21  license, of a licensee pursuant to s. 120.60(6) shall be

22  conducted by the secretary of the Department of Health or his

23  or her designee, as appropriate, who shall issue the final

24  summary order.

25         (9)(a)  The department shall periodically notify the

26  person who filed the complaint, as well as the patient or the

27  patient's legal representative, of the status of the

28  investigation, indicating whether probable cause has been

29  found and the status of any civil action or administrative

30  proceeding or appeal.

31         (b)  In any disciplinary case for which probable cause

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                                                   HOUSE AMENDMENT

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

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





  1  has been found, the department shall provide to the person who

  2  filed the complaint a copy of the administrative complaint

  3  and:

  4         1.  A written explanation of how an administrative

  5  complaint is resolved by the disciplinary process.

  6         2.  A written explanation of how and when the person

  7  may participate in the disciplinary process.

  8         3.  A written notice of any hearing before the Division

  9  of Administrative Hearings or the regulatory board at which

10  final agency action may be taken.

11         (c)  In any disciplinary case for which probable cause

12  is not found, the department shall so inform the person who

13  filed the complaint and notify that person that he or she may,

14  within 60 days, provide any additional information to the

15  department which may be relevant to the decision. To

16  facilitate the provision of additional information, the person

17  who filed the complaint may receive, upon request, a copy of

18  the department's expert report that supported the

19  recommendation for closure, if such a report was relied upon

20  by the department. In no way does this require the department

21  to procure an expert opinion or report if none was used.

22  Additionally, the identity of the expert shall remain

23  confidential. In any administrative proceeding under s.

24  120.57, the person who filed the disciplinary complaint shall

25  have the right to present oral or written communication

26  relating to the alleged disciplinary violations or to the

27  appropriate penalty.

28         (10)  The complaint and all information obtained

29  pursuant to the investigation by the department are

30  confidential and exempt from s. 119.07(1) until 10 days after

31  probable cause has been found to exist by the probable cause

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                                                   HOUSE AMENDMENT

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

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





  1  panel or by the department, or until the regulated

  2  professional or subject of the investigation waives his or her

  3  privilege of confidentiality, whichever occurs first. Upon

  4  completion of the investigation and a recommendation by the

  5  department to find probable cause, and pursuant to a written

  6  request by the subject or the subject's attorney, the

  7  department shall provide the subject an opportunity to inspect

  8  the investigative file or, at the subject's expense, forward

  9  to the subject a copy of the investigative file.

10  Notwithstanding s. 456.057, the subject may inspect or receive

11  a copy of any expert witness report or patient record

12  connected with the investigation if the subject agrees in

13  writing to maintain the confidentiality of any information

14  received under this subsection until 10 days after probable

15  cause is found and to maintain the confidentiality of patient

16  records pursuant to s. 456.057. The subject may file a written

17  response to the information contained in the investigative

18  file. Such response must be filed within 20 days of mailing by

19  the department, unless an extension of time has been granted

20  by the department. This subsection does not prohibit the

21  department from providing such information to any law

22  enforcement agency or to any other regulatory agency.

23         (11)  A privilege against civil liability is hereby

24  granted to any complainant or any witness with regard to

25  information furnished with respect to any investigation or

26  proceeding pursuant to this section, unless the complainant or

27  witness acted in bad faith or with malice in providing such

28  information.

29         (12)(a)  No person who reports in any capacity, whether

30  or not required by law, information to the department with

31  regard to the incompetence, impairment, or unprofessional

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                                                   HOUSE AMENDMENT

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

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





  1  conduct of any health care provider licensed under chapter

  2  458, chapter 459, chapter 460, chapter 461, chapter 462,

  3  chapter 463, chapter 464, chapter 465, or chapter 466 shall be

  4  held liable in any civil action for reporting against such

  5  health care provider if such person acts without intentional

  6  fraud or malice.

  7         (b)  No facility licensed under chapter 395, health

  8  maintenance organization certificated under part I of chapter

  9  641, physician licensed under chapter 458, or osteopathic

10  physician licensed under chapter 459 shall discharge, threaten

11  to discharge, intimidate, or coerce any employee or staff

12  member by reason of such employee's or staff member's report

13  to the department about a physician licensed under chapter

14  458, chapter 459, chapter 460, chapter 461, or chapter 466 who

15  may be guilty of incompetence, impairment, or unprofessional

16  conduct so long as such report is given without intentional

17  fraud or malice.

18         (c)  In any civil suit brought outside the protections

19  of paragraphs (a) and (b) in which intentional fraud or malice

20  is alleged, the person alleging intentional fraud or malice

21  shall be liable for all court costs and for the other party's

22  reasonable attorney's fees if intentional fraud or malice is

23  not proved.

24         (13)  Notwithstanding any provision of law to the

25  contrary, an administrative complaint against a licensee shall

26  be filed within 6 years after the time of the incident or

27  occurrence giving rise to the complaint against the licensee.

28  If such incident or occurrence involved criminal actions,

29  diversion of controlled substances, sexual misconduct, or

30  impairment by the licensee, this subsection does not apply to

31  bar initiation of an investigation or filing of an

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                                                   HOUSE AMENDMENT

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

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





  1  administrative complaint beyond the 6-year timeframe. In those

  2  cases covered by this subsection in which it can be shown that

  3  fraud, concealment, or intentional misrepresentation of fact

  4  prevented the discovery of the violation of law, the period of

  5  limitations is extended forward, but in no event to exceed 12

  6  years after the time of the incident or occurrence.

  7         Section 88.  Subsection (8) of section 400.925, Florida

  8  Statutes, is amended to read:

  9         400.925  Definitions.--As used in this part, the term:

10         (8)  "Home medical equipment" includes any product as

11  defined by the Federal Drug Administration's Drugs, Devices

12  and Cosmetics Act, any products reimbursed under the Medicare

13  Part B Durable Medical Equipment benefits, or any products

14  reimbursed under the Florida Medicaid durable medical

15  equipment program. Home medical equipment includes, but is not

16  limited to, oxygen and related respiratory equipment; manual,

17  motorized, or. Home medical equipment includes customized

18  wheelchairs and related seating and positioning, but does not

19  include prosthetics or orthotics or any splints, braces, or

20  aids custom fabricated by a licensed health care practitioner.

21  Home medical equipment includes assistive technology devices,

22  including: manual wheelchairs, motorized wheelchairs,

23  motorized scooters, voice-synthesized computer modules,

24  optical scanners, talking software, braille printers,

25  environmental control devices for use by person with

26  quadriplegia, motor vehicle adaptive transportation aids,

27  devices that enable persons with severe speech disabilities to

28  in effect speak, personal transfer systems and specialty beds,

29  including demonstrator, for use by a person with a medical

30  need.

31         Section 89.  Subsection (4) is added to section

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                                                   HOUSE AMENDMENT

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

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





  1  765.104, Florida Statutes, to read:

  2         765.104  Amendment or revocation.--

  3         (4)  Any patient for whom a medical proxy has been

  4  recognized under s. 765.401 and for whom any previous legal

  5  disability that precluded the patient's ability to consent is

  6  removed may amend or revoke the recognition of the medical

  7  proxy and any uncompleted decision made by that proxy. The

  8  amendment or revocation takes effect when it is communicated

  9  to the proxy, the health care provider, or the health care

10  facility in writing or, if communicated orally, in the

11  presence of a third person.

12         Section 90.  Subsections (1) and (3) of section

13  765.401, Florida Statutes, are amended to read:

14         765.401  The proxy.--

15         (1)  If an incapacitated or developmentally disabled

16  the patient has not executed an advance directive, or

17  designated a surrogate to execute an advance directive, or the

18  designated or alternate surrogate is no longer available to

19  make health care decisions, health care decisions may be made

20  for the patient by any of the following individuals, in the

21  following order of priority, if no individual in a prior class

22  is reasonably available, willing, or competent to act:

23         (a)  The judicially appointed guardian of the patient

24  or the guardian advocate of the person having a developmental

25  disability as defined in s. 393.063, who has been authorized

26  to consent to medical treatment, if such guardian has

27  previously been appointed; however, this paragraph shall not

28  be construed to require such appointment before a treatment

29  decision can be made under this subsection;

30         (b)  The patient's spouse;

31         (c)  An adult child of the patient, or if the patient

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                                                   HOUSE AMENDMENT

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

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





  1  has more than one adult child, a majority of the adult

  2  children who are reasonably available for consultation;

  3         (d)  A parent of the patient;

  4         (e)  The adult sibling of the patient or, if the

  5  patient has more than one sibling, a majority of the adult

  6  siblings who are reasonably available for consultation.

  7         (f)  An adult relative of the patient who has exhibited

  8  special care and concern for the patient and who has

  9  maintained regular contact with the patient and who is

10  familiar with the patient's activities, health, and religious

11  or moral beliefs; or

12         (g)  A close friend of the patient.

13         (3)  Before exercising the incapacitated patient's

14  rights to select or decline health care, the proxy must comply

15  with the provisions of ss. 765.205 and 765.305, except that a

16  proxy's decision to withhold or withdraw life-prolonging

17  procedures must be supported by clear and convincing evidence

18  that the decision would have been the one the patient would

19  have chosen had the patient been competent or, if there is no

20  indication of what the patient would have chosen, that the

21  decision is in the patient's best interest. Before exercising

22  the rights of a person who has a developmental disability as

23  defined under s. 393.063(12) to withhold or withdraw

24  life-prolonging procedures, a proxy must comply with s.

25  393.12.

26         Section 91.  Section 457.1085, Florida Statutes, is

27  amended to read:

28         457.1085  Infection control.--Prior to November 1,

29  1986, The board shall adopt rules relating to the prevention

30  of infection, the safe disposal of any potentially infectious

31  materials, and other requirements to protect the health,

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                                                   HOUSE AMENDMENT

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

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





  1  safety, and welfare of the public. Beginning October 1, 1997,

  2  All acupuncture needles that are to be used on a patient must

  3  be sterile and disposable, and each needle may be used only

  4  once.

  5         Section 92.  Paragraph (y) is added to subsection (1)

  6  of section 457.109, Florida Statutes, to read:

  7         457.109  Disciplinary actions; grounds; action by the

  8  board.--

  9         (1)  The following acts constitute grounds for denial

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

11  456.072(2):

12         (y)  Using the specialty titles of "Diplomate in

13  Acupuncture" or "National Board-Certified Diplomate in

14  Acupuncture" or "Board-Certified Diplomate in Acupuncture" in

15  conjunction with one's name, place of business, or acupuncture

16  practice unless the licensee holds an active license under

17  this chapter and is also an active holder of such board

18  certification from the National Certification Commission for

19  Acupuncture and Oriental Medicine (NCCAOM).

20         Section 93.  Section 457.116, Florida Statutes, is

21  amended to read:

22         457.116  Prohibited acts; penalty.--

23         (1)  A person may not:

24         (a)  Practice acupuncture unless the person is licensed

25  under ss. 457.101-457.118;

26         (b)  Use, in connection with his or her name or place

27  of business, any title or description of services which

28  incorporates the words "acupuncture," "acupuncturist,"

29  "certified acupuncturist," "licensed acupuncturist," "oriental

30  medical practitioner"; the letters "L.Ac.," "R.Ac.," "A.P.,"

31  or "D.O.M."; or any other words, letters, abbreviations, or

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                                                   HOUSE AMENDMENT

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

    Amendment No. ___ (for drafter's use only)





  1  insignia indicating or implying that he or she practices

  2  acupuncture unless he or she is a holder of a valid license

  3  issued pursuant to ss. 457.101-457.118;

  4         (c)  Present as his or her own the license of another;

  5         (d)  Knowingly give false or forged evidence to the

  6  board or a member thereof;

  7         (e)  Use or attempt to use a license that has been

  8  suspended, revoked, or placed on inactive or delinquent

  9  status;

10         (f)  Employ any person who is not licensed pursuant to

11  ss. 457.101-457.118 to engage in the practice of acupuncture;

12  or

13         (g)  Conceal information relating to any violation of

14  ss. 457.101-457.118.

15         (2)  A person who violates this section commits a

16  felony misdemeanor of the third second degree, punishable as

17  provided in s. 775.082, or s. 775.083, or s. 775.084.

18         Section 94.  Subsections (31), (32), and (33) of

19  section 395.002, Florida Statutes, are renumbered as

20  subsections (32), (33), and (34), respectively, and a new

21  subsection (31) is added to said section, to read:

22         395.002  Definitions.--As used in this chapter:

23         (31)  "Surgical first assistant" means the first

24  assistant to the surgeon during a surgical operation.

25         (32)(31)  "Utilization review" means a system for

26  reviewing the medical necessity or appropriateness in the

27  allocation of health care resources of hospital services given

28  or proposed to be given to a patient or group of patients.

29         (33)(32)  "Utilization review plan" means a description

30  of the policies and procedures governing utilization review

31  activities performed by a private review agent.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (34)(33)  "Validation inspection" means an inspection

  2  of the premises of a licensed facility by the agency to assess

  3  whether a review by an accrediting organization has adequately

  4  evaluated the licensed facility according to minimum state

  5  standards.

  6         Section 95.  Paragraph (b) of subsection (1) of section

  7  395.0197, Florida Statutes, is amended to read:

  8         395.0197  Internal risk management program.--

  9         (1)  Every licensed facility shall, as a part of its

10  administrative functions, establish an internal risk

11  management program that includes all of the following

12  components:

13         (b)  The development of appropriate measures to

14  minimize the risk of adverse incidents to patients, including,

15  but not limited to:

16         1.  Risk management and risk prevention education and

17  training of all nonphysician personnel as follows:

18         a.  Such education and training of all nonphysician

19  personnel as part of their initial orientation; and

20         b.  At least 1 hour of such education and training

21  annually for all personnel of the licensed facility working in

22  clinical areas and providing patient care, except those

23  persons licensed as health care practitioners who are required

24  to complete continuing education coursework pursuant to

25  chapter 456 or the respective practice act.

26         2.  A prohibition, except when emergency circumstances

27  require otherwise, against a staff member of the licensed

28  facility attending a patient in the recovery room, unless the

29  staff member is authorized to attend the patient in the

30  recovery room and is in the company of at least one other

31  person.  However, a licensed facility is exempt from the

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  two-person requirement if it has:

  2         a.  Live visual observation;

  3         b.  Electronic observation; or

  4         c.  Any other reasonable measure taken to ensure

  5  patient protection and privacy.

  6         3.  A prohibition against an unlicensed person from

  7  assisting or participating in any surgical procedure unless

  8  the facility has authorized the person to do so following a

  9  competency assessment, and such assistance or participation is

10  done under the direct and immediate supervision of a licensed

11  physician and is not otherwise an activity that may only be

12  performed by a licensed health care practitioner. Moreover,

13  the primary operating surgeon may select a surgical first

14  assistant from among available individuals who are approved or

15  credentialed by the facility.

16         4.  Development, implementation, and ongoing evaluation

17  of procedures, protocols, and systems to accurately identify

18  patients, planned procedures, and the correct site of the

19  planned procedure so as to minimize the performance of a

20  surgical procedure on the wrong patient, a wrong surgical

21  procedure, a wrong-site surgical procedure, or a surgical

22  procedure otherwise unrelated to the patient's diagnosis or

23  medical condition.

24         Section 96.  Effective upon this act becoming a law,

25  paragraphs (a) and (b) of subsection (2) of section 768.13,

26  Florida Statutes, are amended to read:

27         768.13  Good Samaritan Act; immunity from civil

28  liability.--

29         (2)(a)  Any person, including those licensed to

30  practice medicine, who gratuitously and in good faith renders

31  emergency care or treatment either in direct response to

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  emergency situations related to and arising out of a public

  2  health emergency declared pursuant to s. 381.00315, a state of

  3  emergency which has been declared pursuant to s. 252.36 or at

  4  the scene of an emergency outside of a hospital, doctor's

  5  office, or other place having proper medical equipment,

  6  without objection of the injured victim or victims thereof,

  7  shall not be held liable for any civil damages as a result of

  8  such care or treatment or as a result of any act or failure to

  9  act in providing or arranging further medical treatment where

10  the person acts as an ordinary reasonably prudent person would

11  have acted under the same or similar circumstances.

12         (b)1.  Any hospital licensed under chapter 395, any

13  employee of such hospital working in a clinical area within

14  the facility and providing patient care, and any person

15  licensed to practice medicine who in good faith renders

16  medical care or treatment necessitated by a sudden, unexpected

17  situation or occurrence resulting in a serious medical

18  condition demanding immediate medical attention, for which the

19  patient enters the hospital through its emergency room or

20  trauma center, or necessitated by a public health emergency

21  declared pursuant to s. 381.00315 shall not be held liable for

22  any civil damages as a result of such medical care or

23  treatment unless such damages result from providing, or

24  failing to provide, medical care or treatment under

25  circumstances demonstrating a reckless disregard for the

26  consequences so as to affect the life or health of another.

27         2.  The immunity provided by this paragraph does not

28  apply to damages as a result of any act or omission of

29  providing medical care or treatment:

30         a.  Which occurs after the patient is stabilized and is

31  capable of receiving medical treatment as a nonemergency

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  patient, unless surgery is required as a result of the

  2  emergency within a reasonable time after the patient is

  3  stabilized, in which case the immunity provided by this

  4  paragraph applies to any act or omission of providing medical

  5  care or treatment which occurs prior to the stabilization of

  6  the patient following the surgery; or

  7         b.  Unrelated to the original medical emergency.

  8         3.  For purposes of this paragraph, "reckless

  9  disregard" as it applies to a given health care provider

10  rendering emergency medical services shall be such conduct

11  which a health care provider knew or should have known, at the

12  time such services were rendered, would be likely to result in

13  injury so as to affect the life or health of another, taking

14  into account the following to the extent they may be present;

15         a.  The extent or serious nature of the circumstances

16  prevailing.

17         b.  The lack of time or ability to obtain appropriate

18  consultation.

19         c.  The lack of a prior patient-physician relationship.

20         d.  The inability to obtain an appropriate medical

21  history of the patient.

22         e.  The time constraints imposed by coexisting

23  emergencies.

24         4.  Every emergency care facility granted immunity

25  under this paragraph shall accept and treat all emergency care

26  patients within the operational capacity of such facility

27  without regard to ability to pay, including patients

28  transferred from another emergency care facility or other

29  health care provider pursuant to Pub. L. No. 99-272, s. 9121.

30  The failure of an emergency care facility to comply with this

31  subparagraph constitutes grounds for the department to

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  initiate disciplinary action against the facility pursuant to

  2  chapter 395.

  3         Section 97.  Paragraph (k) of subsection (2) of section

  4  381.0066, Florida Statutes, is amended to read:

  5         381.0066  Onsite sewage treatment and disposal systems;

  6  fees.--

  7         (2)  The minimum fees in the following fee schedule

  8  apply until changed by rule by the department within the

  9  following limits:

10         (k)  Research:  An additional $5 fee shall be added to

11  each new system construction permit issued during fiscal years

12  1996-2002 to be used for onsite sewage treatment and disposal

13  system research, demonstration, and training projects. Five

14  dollars from any repair permit fee collected under this

15  section shall be used for funding the hands-on training

16  centers described in s. 381.0065(3)(j).

17

18  The funds collected pursuant to this subsection must be

19  deposited in a trust fund administered by the department, to

20  be used for the purposes stated in this section and ss.

21  381.0065 and 381.00655.

22         Section 98.  Part IV of chapter 489, Florida Statutes,

23  consisting of sections 489.661, 489.662, 489.663, 489.664,

24  489.665, 489.666, 489.667, and 489.668, is created to read:

25                             PART IV

26                  PORTABLE RESTROOM CONTRACTING

27         489.661  Definitions.--As used in this part:

28         (1)  "Department" means the Department of Health.

29         (2)  "Portable restroom contractor" means a portable

30  restroom contractor whose services are unlimited in the

31  portable restroom trade who has had at least 3 years'

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  experience as a Florida-registered portable restroom

  2  contractor, who has knowledge of state health code law and

  3  rules, and who has the experience, knowledge, and skills to

  4  handle, deliver, and pick up sanitary portable restrooms, to

  5  install, safely handle, and maintain portable holding tanks,

  6  and to handle, transport, and dispose of domestic portable

  7  restroom and portable holding tank wastewater.

  8         489.662  Registration required.--A person shall not

  9  hold himself or herself out as a portable restroom contractor

10  in this state unless he or she is registered by the department

11  in accordance with the provisions of this part.  However,

12  nothing in this part prohibits any person licensed pursuant to

13  s. 489.105(3)(m) or ss. 489.551-489.558, in this state from

14  engaging in the profession for which he or she is licensed.

15         489.663  Administration of part; registration

16  qualifications; examination.--

17         (1)  Each person desiring to be registered pursuant to

18  this part shall apply to the department in writing upon forms

19  prepared and furnished by the department.

20         (2)  The department shall administer, coordinate, and

21  enforce the provisions of this part, provide qualifications

22  for applicants, administer the examination for applicants, and

23  be responsible for the granting of certificates of

24  registration to qualified persons.

25         (3)  The department shall adopt reasonable rules

26  pursuant to ss. 120.536(1) and 120.54 to administer this part,

27  including, but not limited to, rules that establish ethical

28  standards of practice, requirements for registering as a

29  contractor, requirements for obtaining an initial or renewal

30  certificate of registration, disciplinary guidelines, and

31  requirements for the 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.  The department may amend or repeal the rules in

  2  accordance with chapter 120, the Administrative Procedure Act.

  3         (4)  To be eligible for registration by the department

  4  as a portable restroom contractor, the applicant shall:

  5         (a)  Be of good moral character.  In considering good

  6  moral character, the department may consider any matter that

  7  has a substantial connection between the good moral character

  8  of the applicant and the professional responsibilities of a

  9  registered contractor, including, but not limited to, the

10  applicant being convicted or found guilty of, or entering a

11  plea of nolo contendere to, regardless of adjudication, a

12  crime in any jurisdiction that directly relates to the

13  practice of contracting or the ability to practice

14  contracting, and previous disciplinary action involving

15  portable restroom contracting, where all judicial reviews have

16  been completed.

17         (b)  Pass an examination approved by the department

18  that demonstrates that the applicant has a fundamental

19  knowledge of the state laws relating to the installation,

20  maintenance, and wastewater disposal of portable restrooms,

21  portable sinks, and portable holding tanks.

22         (c)  Be at least 18 years of age.

23         (d)  Have a total of at least 3 years of active

24  experience serving an apprenticeship as a skilled worker under

25  the supervision and control of a registered portable restroom

26  contractor.  Related work experience or educational experience

27  may be substituted for no more than 2 years of active

28  contracting experience.  Each 30 hours of coursework approved

29  by the department will substitute for 6 months of work

30  experience.  Out-of-state work experience shall be accepted on

31  a year-for-year basis for any applicant who demonstrates that

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  he or she holds a current license issued by another state for

  2  portable restroom contracting that was issued upon

  3  satisfactory completion of an examination and continuing

  4  education courses that are equivalent to the requirements in

  5  this state.  Individuals from a state with no state

  6  certification who have successfully completed a written

  7  examination provided by the Portable Sanitation Association

  8  International shall only be required to take the written

  9  portion of the examination that includes state health code law

10  and rules.  For purposes of this section, an equivalent

11  examination must include the topics of state health code law

12  and rules applicable to portable restrooms and the knowledge

13  required to handle, deliver, and pick up sanitary portable

14  restrooms; to install, handle, and maintain portable holding

15  tanks; and to handle, transport, and dispose of domestic

16  portable restroom and portable holding tank wastewater.  A

17  person employed by and under the supervision of a licensed

18  contractor shall be granted up to 2 years of related work

19  experience.

20         (e)  Have not had a registration revoked, the effective

21  date of which was less than 5 years before the application.

22         (5)  The department shall provide each applicant for

23  registration pursuant to this part with a copy of this part

24  and any rules adopted under this part.  The department may

25  also prepare and disseminate such other material and

26  questionnaires as it deems necessary to effectuate the

27  registration provisions of this part.

28         (6)  Any person who was employed one or more years in

29  this state by a portable restroom service holding a permit

30  issued by the department on or before October 1, 2002, has

31  until October 1, 2003, to be registered by the department in

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  accordance with the provisions of this act and may continue to

  2  perform portable restroom contracting services until that

  3  time. Such persons are exempt until October 1, 2003, from the

  4  three years active work experience requirement of s.

  5  489.663(4)(d).

  6         489.664  Registration renewal.--The department shall

  7  prescribe by rule the method for approval of continuing

  8  education courses and for renewal of annual registration.  At

  9  a minimum, annual renewal shall include continuing education

10  requirements of not less than 6 classroom hours annually for

11  portable restroom contractors.

12         489.665  Certification of partnerships and

13  corporations.--

14         (1)  The practice of or the offer to practice portable

15  restroom contracting services by registrants through a parent

16  corporation, corporation, subsidiary of a corporation, or

17  partnership offering portable restroom contracting services to

18  the public through registrants under this chapter as agents,

19  employers, officers, or partners is permitted, provided that

20  one or more of the principal officers of the corporation or

21  one or more partners of the partnership and all personnel of

22  the corporation or partnership who act on its behalf as

23  portable restroom contractors in this state are registered as

24  provided by this part, and further provided that the

25  corporation or partnership has been issued a certificate of

26  authorization by the department as provided in this section.

27  A registered contractor may not be the sole qualifying

28  contractor for more than one business that requests a

29  certificate of authorization.  A business organization that

30  loses its qualifying contractor has 60 days following the date

31  the qualifier terminates his or her affiliation within which

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  to obtain another qualifying contractor.  During this period,

  2  the business organization may complete any existing contract

  3  or continuing contract, but may not undertake any new

  4  contract.  This period may be extended once by the department

  5  for an additional 60 days upon a showing of good cause.

  6  Nothing in this section shall be construed to mean that a

  7  certificate of registration to practice portable restroom

  8  contracting shall be held by a corporation.  No corporation or

  9  partnership shall be relieved of responsibility for the

10  conduct or acts of its agents, employees, or officers by

11  reason of its compliance with this section, nor shall any

12  individual practicing portable restroom contracting be

13  relieved of responsibility for professional services performed

14  by reason of his or her employment or relationship with a

15  corporation or partnership.

16         (2)  For the purposes of this section, a certificate of

17  authorization shall be required for a corporation,

18  partnership, association, or person practicing under a

19  fictitious name, offering portable restroom contracting

20  services to the public, except that when an individual is

21  practicing portable restroom contracting in his or her own

22  given name, he or she shall not be required to register under

23  this section.

24         (3)  Each certification of authorization shall be

25  renewed every 2 years.  Each partnership and corporation

26  certified under this section shall notify the department

27  within 1 month after any change in the information contained

28  in the application upon which the certification is based.

29         (4)  Disciplinary action against a corporation or

30  partnership shall be administered in the same manner and on

31  the same grounds as disciplinary action against a registered

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  portable restroom contractor.

  2         (5)  When a certificate of authorization has been

  3  revoked, any person authorized by law to provide portable

  4  restroom contracting services may not use the name or

  5  fictitious name of the entity whose certificate was revoked,

  6  or any other identifiers for the entity, including telephone

  7  numbers, advertisements, or logos.

  8         489.666  Suspension or revocation of registration.--A

  9  certificate of registration may be suspended or revoked upon a

10  showing that the registrant has:

11         (1)  Violated any provision of this part.

12         (2)  Violated any lawful order or rule rendered or

13  adopted by the department.

14         (3)  Obtained his or her registration or any other

15  order, ruling, or authorization by means of fraud,

16  misrepresentation, or concealment of material facts.

17         (4)  Been found guilty of gross misconduct in the

18  pursuit of his or her profession.

19         489.667  Fees; establishment.--

20         (1)  The department shall, by rule, establish fees as

21  follows:

22         (a)  For portable restroom contractor registration:

23         1.  Application and examination fee:  not less than $25

24  nor more than $75.

25         2.  Initial registration fee:  not less than $50 nor

26  more than $100.

27         3.  Renewal of registration fee:  not less than $50 nor

28  more than $100.

29         (b)  Certification of partnerships and corporations:

30  not less than $100 nor more than $250.

31         (2)  Fees established pursuant to subsection (1) shall

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  be based on the actual costs incurred by the department in

  2  carrying out its registration and other related

  3  responsibilities under this part.

  4         489.668  Penalties and prohibitions.--

  5         (1)  Any person who violates any provision of this part

  6  commits a misdemeanor of the first degree, punishable as

  7  provided in s. 775.082 or s. 775.083.

  8         (2)  The department may deny a registration if it

  9  determines that an applicant does not meet all requirements of

10  this part or has violated any provision of this part.  Any

11  applicant aggrieved by such denial shall be entitled to a

12  hearing, after reasonable notice thereof, upon filing a

13  written request for such hearing in accordance with chapter

14  120.

15         Section 99.  Subsection (3) is added to section

16  627.638, Florida Statutes, to read:

17         627.638  Direct payment for hospital, medical

18  services.--

19         (3)  Under any health insurance policy insuring against

20  loss or expense due to hospital confinement or to medical and

21  related services, payment of benefits shall be made directly

22  to any recognized hospital, doctor, or other person who

23  provided services for the treatment of a psychological

24  disorder or treatment for substance abuse, including drug and

25  alcohol abuse, when the treatment is in accordance with the

26  provisions of the policy and the insured specifically

27  authorizes direct payment of benefits. Payments shall be made

28  under this section, notwithstanding any contrary provisions in

29  the health insurance contract. This subsection applies to all

30  health insurance policies now or hereafter in force as of

31  October 1, 2002.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         Section 100.  Subsection (1) of section 766.101,

  2  Florida Statutes, is amended to read:

  3         766.101  Medical review committee, immunity from

  4  liability.--

  5         (1)  As used in this section:

  6         (a)  The term "medical review committee" or "committee"

  7  means:

  8         1.a.  A committee of a hospital or ambulatory surgical

  9  center licensed under chapter 395 or a health maintenance

10  organization certificated under part I of chapter 641,

11         b.  A committee of a physician-hospital organization, a

12  provider-sponsored organization, or an integrated delivery

13  system,

14         c.  A committee of a state or local professional

15  society of health care providers,

16         d.  A committee of a medical staff of a licensed

17  hospital or nursing home, provided the medical staff operates

18  pursuant to written bylaws that have been approved by the

19  governing board of the hospital or nursing home,

20         e.  A committee of the Department of Corrections or the

21  Correctional Medical Authority as created under s. 945.602, or

22  employees, agents, or consultants of either the department or

23  the authority or both,

24         f.  A committee of a professional service corporation

25  formed under chapter 621 or a corporation organized under

26  chapter 607 or chapter 617, which is formed and operated for

27  the practice of medicine as defined in s. 458.305(3), and

28  which has at least 25 health care providers who routinely

29  provide health care services directly to patients,

30         g.  A committee of a mental health treatment facility

31  licensed under chapter 394 or a community mental health center

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  as defined in s. 394.907, provided the quality assurance

  2  program operates pursuant to the guidelines which have been

  3  approved by the governing board of the agency,

  4         h.  A committee of a substance abuse treatment and

  5  education prevention program licensed under chapter 397

  6  provided the quality assurance program operates pursuant to

  7  the guidelines which have been approved by the governing board

  8  of the agency,

  9         i.  A peer review or utilization review committee

10  organized under chapter 440,

11         j.  A committee of the Department of Health, a county

12  health department, healthy start coalition, or certified rural

13  health network, when reviewing quality of care, or employees

14  of these entities when reviewing mortality records, or

15         k.  A continuous quality improvement committee of a

16  pharmacy licensed pursuant to chapter 465,

17         l.  A committee established by a university board of

18  trustees, or

19         m.  A committee comprised of faculty, residents,

20  students, and administrators of an accredited college of

21  medicine, nursing, or other health care discipline,

22

23  which committee is formed to evaluate and improve the quality

24  of health care rendered by providers of health service or to

25  determine that health services rendered were professionally

26  indicated or were performed in compliance with the applicable

27  standard of care or that the cost of health care rendered was

28  considered reasonable by the providers of professional health

29  services in the area; or

30         2.  A committee of an insurer, self-insurer, or joint

31  underwriting association of medical malpractice insurance, or

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  other persons conducting review under s. 766.106.

  2         (b)  The term "health care providers" means physicians

  3  licensed under chapter 458, osteopathic physicians licensed

  4  under chapter 459, podiatric physicians licensed under chapter

  5  461, optometrists licensed under chapter 463, dentists

  6  licensed under chapter 466, chiropractic physicians licensed

  7  under chapter 460, pharmacists licensed under chapter 465, or

  8  hospitals or ambulatory surgical centers licensed under

  9  chapter 395.

10         Section 101.  Effective upon this act becoming a law,

11  subsection (10) of section 627.357, Florida Statutes, is

12  amended to read:

13         627.357  Medical malpractice self-insurance.--

14         (10)(a)  An application to form a self-insurance fund

15  under this section must be filed with the department before

16  October 1, 2002. All self-insurance funds authorized under

17  this paragraph must apply for a certificate of authority to

18  become an authorized insurer by October 1, 2006. Any such fund

19  failing to obtain a certificate of authority as an authorized

20  insurer within 1 year of the date of application therefore

21  shall wind down its affair and shall not issue coverage after

22  the expiration of the 1-year period.

23         (b)  Any self insurance fund established pursuant to

24  this section after April 1, 2002, shall also comply with ss.

25  624.460-624.489, notwithstanding s. 624.462(2)(a). In the

26  event of a conflict between the provisions of this section and

27  ss. 624.460-624.489, the latter sections shall govern. With

28  respect to those sections, provisions solely applicable to

29  workers' compensation and employers liability insurance shall

30  not apply to medical malpractice funds. A self insurance may

31  not be formed under this section after October 1, 1992.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         Section 102.  Subsection (7) of section 631.54, Florida

  2  Statutes, is amended to read:

  3         631.54  Definitions.--As used in this part:

  4         (7)  "Member insurer" means any person who writes any

  5  kind of insurance to which this part applies under s. 631.52,

  6  including the exchange of reciprocal or interinsurance

  7  contracts and any medical malpractice self-insurance fund

  8  authorized after April 1, 2002 under s. 627.357, and is

  9  licensed to transact insurance in this state.

10         Section 103.  The Agency for Health Care Administration

11  shall conduct a study of health care services provided to the

12  medically fragile or medical-technology-dependent children in

13  the state and conduct a pilot program in Dade County to

14  provide subacute pediatric transitional care to a maximum of

15  30 children at any one time. The purpose of the study and the

16  pilot program are to determine ways to permit medically

17  fragile or medical-technology-dependent children to

18  successfully make a transition from acute care in a health

19  care institution to live with their families when possible,

20  and to provide cost-effective, subacute transitional care

21  services.

22         Section 104.  The Agency for Health Care

23  Administration, in cooperation with the Children's Medical

24  Services Program in the Department of Health, shall conduct a

25  study to identify the total number of medically fragile or

26  medical-technology-dependent children, from birth through age

27  21, in the state. By January 1, 2003, the agency must report

28  to the Legislature regarding the children's ages, the

29  locations where the children are served, the types of services

30  received, itemized costs of the services, and the sources of

31  funding that pay for the services, including the proportional

                                 105

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  share when more than one funding source pays for a service.

  2  The study must include information regarding medically fragile

  3  or medical-technology-dependent children residing in

  4  hospitals, nursing homes, and medical foster care, and those

  5  who live with their parents. The study must describe children

  6  served in prescribed pediatric extended-care centers,

  7  including their ages and the services they receive. The report

  8  must identify the total services provided for each child and

  9  the method for paying for those services. The report must also

10  identify the number of such children who could, if appropriate

11  transitional services were available, return home or move to a

12  less-institutional setting.

13         Section 105.  (1)  Within 30 days after the effective

14  date of this act, the agency shall establish minimum staffing

15  standards and quality requirements for a subacute pediatric

16  transitional care center to be operated as a 2-year pilot

17  program in Dade County. The pilot program must operate under

18  the license of a hospital licensed under chapter 395, Florida

19  Statutes, or a nursing home licensed under chapter 400,

20  Florida Statutes, and shall use existing beds in the hospital

21  or nursing home. A child's placement in the subacute pediatric

22  transitional care center may not exceed 90 days. The center

23  shall arrange for an alternative placement at the end of a

24  child's stay and a transitional plan for children expected to

25  remain in the facility for the maximum allowed stay.

26         (2)  Within 60 days after the effective date of this

27  act, the agency must amend the state Medicaid plan and request

28  any federal waivers necessary to implement and fund the pilot

29  program.

30         (3)  The subacute pediatric transitional care center

31  must require level I background screening as provided in

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  chapter 435, Florida Statutes, for all employees or

  2  prospective employees of the center who are expected to, or

  3  whose responsibilities may require them to, provide personal

  4  care or services to children, have access to children's living

  5  areas, or have access to children's funds or personal

  6  property.

  7         Section 106.  (1)  The subacute pediatric transitional

  8  care center must have an advisory board. Membership on the

  9  advisory board must include, but need not be limited to:

10         (a)  A physician and an advanced registered nurse

11  practitioner who is familiar with services for medically

12  fragile or medical-technology-dependent children;

13         (b)  A registered nurse who has experience in the care

14  of medically fragile or medical-technology-dependent children;

15         (c)  A child development specialist who has experience

16  in the care of medically fragile or

17  medical-technology-dependent children and their families;

18         (d)  A social worker who has experience in the care of

19  medically fragile or medical-technology-dependent children and

20  their families; and

21         (e)  A consumer representative who is a parent or

22  guardian of a child placed in the center.

23         (2)  The advisory board shall:

24         (a)  Review the policy and procedure components of the

25  center to assure conformance with applicable standards

26  developed by the Agency for Health Care Administration; and

27         (b)  Provide consultation with respect to the

28  operational and programmatic components of the center.

29         Section 107.  (1)  The subacute pediatric transitional

30  care center must have written policies and procedures

31  governing the admission, transfer, and discharge of children.

                                 107

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (2)  The admission of each child to the center must be

  2  under the supervision of the center nursing administrator or

  3  his or her designee, and must be in accordance with the

  4  center's policies and procedures. Each Medicaid admission must

  5  be approved by the Department of Health, Children's Medical

  6  Services Multidisciplinary Assessment Team, in conjunction

  7  with the Agency for Health Care Administration, as appropriate

  8  for placement in the facility. 

  9         (3)  Each child admitted to the center shall be

10  admitted upon prescription of the Medical Director of the

11  center, licensed pursuant to chapter 458 or 459, and the child

12  shall remain under the care of the medical director and

13  advanced registered nurse practitioner for the duration of his

14  or her stay in the center.

15         (4)  Each child admitted to the center must meet at

16  least the following criteria:

17         (a)  The child must be medically fragile or

18  medical-technology-dependent.

19         (b)  The child may not, prior to admission, present

20  significant risk of infection to other children or personnel.

21  The medical and nursing directors shall review, on a

22  case-by-case basis, the condition of any child who is

23  suspected of having an infectious disease to determine whether

24  admission is appropriate.

25         (c)  The child must be medically stabilized and require

26  skilled nursing care or other interventions.

27         (5)  If the child meets the criteria specified in

28  paragraphs (4)(a), (b), and (c), the medical director or

29  nursing director of the center shall implement a preadmission

30  plan that delineates services to be provided and appropriate

31  sources for such services.

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (a)  If the child is hospitalized at the time of

  2  referral, preadmission planning must include the participation

  3  of the child's parent or guardian and relevant medical,

  4  nursing, social services, and developmental staff to assure

  5  that the hospital's discharge plans will be implemented

  6  following the child's placement in the center.

  7         (b)  A consent form, outlining the purpose of the

  8  center, family responsibilities, authorized treatment,

  9  appropriate release of liability, and emergency disposition

10  plans, must be signed by the parent or guardian and witnessed

11  before the child is admitted to the center. The parent or

12  guardian shall be provided a copy of the consent form.

13         Section 108.  The provisions of this pilot program

14  relating to subacute pediatric transitional care shall be

15  implemented to the extent available appropriations contained

16  in the annual General Appropriations Act are specifically

17  designated for the purposes contained within the pilot

18  program.

19         Section 109.  By January 1, 2003, the Agency for Health

20  Care Administration shall report to the Legislature concerning

21  the progress of the medically fragile or

22  medical-technology-dependent children pilot program. By

23  January 1, 2004, the agency shall submit to the Legislature a

24  report on the success of the pilot program.

25         Section 110.  Subsection (5) of section 393.064,

26  Florida Statutes, is amended to read:

27         393.064  Prevention.--

28         (5)  The Department of Health Children and Family

29  Services shall have the authority, within available resources,

30  to contract for the supervision and management of the Raymond

31  C. Philips Research and Education Unit, and such contract

                                 109

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  shall include specific program objectives.

  2         Section 111.  Except as otherwise provided herein, this

  3  act shall take effect July 1, 2002.

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:On page 43, line 4, of the

  8  amendment, after the semicolon,

  9

10  insert:

11         transferring to the Department of Health the

12         powers, duties, functions, and assets that

13         relate to the consumer complaint services,

14         investigations, and prosecutorial services

15         performed by the Agency for Health Care

16         Administration under contract with the

17         department; transferring full-time equivalent

18         positions and the practitioner regulation

19         component from the agency to the department;

20         amending s. 20.43, F.S.; deleting the provision

21         authorizing the department to enter into such

22         contract with the agency, to conform; updating

23         a reference to provide the name of a regulatory

24         board under the Division of Medical Quality

25         Assurance; requiring the Office of Legislative

26         Services to contract for an outsourcing

27         feasibility study relating to the regulatory

28         responsibilities of the Board of Dentistry;

29         providing an appropriation; requiring a report

30         to the Governor and Legislature; requiring the

31         Department of Health to contract for the

                                 110

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         implementation of the electronic continuing

  2         education tracking system and requiring said

  3         system to be compatible and integrated with the

  4         department's licensure and renewal system;

  5         amending s. 456.057, F.S.; authorizing

  6         specified persons to release certain medical

  7         records to a custodian upon board order;

  8         exempting such persons from liability for the

  9         release of such records; prohibiting insurers

10         from denying claims under specified

11         circumstances; amending s. 456.072, F.S.;

12         providing additional penalties to be imposed on

13         certain health care practitioners relating to

14         notice to patients concerning availability and

15         access to medical records; amending s. 456.076,

16         F.S.; providing additional conditions for

17         impaired practitioners to enroll in a treatment

18         program as an alternative to discipline;

19         amending s. 456.0375, F.S.; revising the

20         definition of "clinic" to exempt public college

21         and university clinics from medical clinic

22         registration, to restrict the exemption for

23         massage establishments, and to clarify when a

24         health care practitioner may supervise another

25         health care practitioner;  prohibiting insurers

26         from denying claims under specified

27         circumstances; amending s. 456.072, F.S.;

28         revising grounds for disciplinary action

29         relating to performing health care services

30         improperly and to leaving foreign bodies in

31         patients; amending s. 631.57, F.S.; exempting

                                 111

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         medical malpractice insurance premiums from an

  2         assessment; amending s. 395.002, F.S.; defining

  3         "medically unnecessary procedure"; amending s.

  4         394.4787, F.S.; conforming a cross reference;

  5         amending s. 395.0161, F.S.; providing

  6         rulemaking authority relating to inspections

  7         and investigations of facilities; amending s.

  8         395.0197, F.S.; revising requirements for

  9         internal risk management programs; amending s.

10         465.019, F.S.; revising the definition of

11         "class II institutional pharmacies" to allow

12         dispensing and consulting services to hospice

13         patients under certain circumstances; amending

14         s. 499.007, F.S.; deleting requirement for

15         labeling of name and place of business of the

16         manufacturer; providing legislative findings

17         relating to responsiveness to emergencies and

18         disasters;  amending s. 381.0011, F.S.;

19         revising the rulemaking authority of the

20         Department of Health with respect to its power

21         to impose quarantine, including requiring

22         vaccination; amending s. 381.00315, F.S.;

23         defining the terms "public health advisory" and

24         "public health emergency"; specifying the terms

25         under which a public health emergency is

26         declared; providing for consultation for,

27         notice, and duration of a declaration of a

28         public health emergency; authorizing the State

29         Health Officer to take specified actions upon

30         the declaration of a public health emergency

31         relating to shipping of specified drugs,

                                 112

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         directing the compounding of bulk prescription

  2         drugs, and specifying the use of such drugs;

  3         authorizing the State Health Officer to

  4         reactivate the inactive licenses of certain

  5         practitioners who request such reactivation;

  6         authorizing the State Health Officer to order

  7         that an individual be examined, tested,

  8         vaccinated, treated, or quarantined for certain

  9         communicable diseases under specified

10         circumstances; specifying benefits to be made

11         available to volunteers acting under a public

12         health emergency;  amending s. 381.0034, F.S.;

13         providing a requirement for instruction of

14         certain health care licensees on conditions

15         caused by nuclear, biological, and chemical

16         terrorism, as a condition of initial licensure,

17         and, in lieu of the requirement for instruction

18         on HIV and AIDS, as a condition of relicensure;

19         amending s. 381.0035, F.S.; providing a

20         requirement for instruction of employees at

21         certain health care facilities on conditions

22         caused by nuclear, biological, and chemical

23         terrorism, upon initial employment, and, in

24         lieu of the requirement of instruction on HIV

25         and AIDS, as biennial continuing education;

26         providing an exception; creating s. 381.0421,

27         F.S.; requiring postsecondary education

28         institutions to provide information on

29         meningococcal meningitis and hepatitis B;

30         requiring individuals residing in on-campus

31         housing to document vaccinations against

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         meningococcal meningitis and hepatitis B or

  2         sign a waiver; amending ss. 395.1027 and

  3         401.245, F.S.; correcting cross references;

  4         amending s. 401.23, F.S.; revising definitions

  5         of "advanced life support" and "basic life

  6         support" and defining "emergency medical

  7         condition"; amending s. 401.252, F.S.;

  8         authorizing physician assistants to conduct

  9         interfacility transfers in a permitted

10         ambulance under certain circumstances; amending

11         s. 401.27, F.S.; providing that the course on

12         conditions caused by nuclear, biological, and

13         chemical terrorism shall count toward the total

14         required hours for biennial recertification of

15         emergency medical technicians and paramedics;

16         amending s. 456.033, F.S.; providing a

17         requirement for instruction of certain health

18         care practitioners on conditions caused by

19         nuclear, biological, and chemical terrorism, as

20         a condition of initial licensure, and, in lieu

21         of the requirement for instruction on HIV and

22         AIDS, as part of biennial relicensure; amending

23         s. 381.003, F.S; requiring the Department of

24         Health to adopt certain standards applicable to

25         all public-sector employers; requiring the

26         compilation and maintenance of certain

27         information by the department for use by

28         employers; creating s. 456.0345, F.S.;

29         providing continuing education credits to

30         health care practitioners for certain life

31         support training; amending s. 456.072, F.S.;

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         conforming provisions relating to grounds for

  2         disciplinary actions to changes in health care

  3         practitioners' course requirements; amending s.

  4         456.38, F.S.; revising provisions relating to

  5         the health care practitioner registry for

  6         disasters and emergencies; prohibiting certain

  7         termination of or discrimination against a

  8         practitioner providing disaster medical

  9         assistance; amending ss. 458.319 and 459.008,

10         F.S.; conforming provisions relating to

11         exceptions to continuing education requirements

12         for physicians and osteopathic physicians;

13         amending ss. 401.2715, 633.35, and 943.135,

14         F.S.; authorizing certain substitution of

15         terrorism response training for other training

16         required for recertification of emergency

17         medical technicians and paramedics,

18         certification of firefighters, and continued

19         employment or appointment of law enforcement

20         officers, correctional officers, and

21         correctional probation officers; authorizing

22         rulemaking; amending s. 765.512, F.S., relating

23         to anatomical gifts; prohibiting modification

24         of a donor's intent; providing that a donor

25         document is legally binding; authorizing

26         specified persons to furnish donors' medical

27         records upon request; amending s. 765.516,

28         F.S.; revising procedures by which the terms of

29         an anatomical gift may be amended or the gift

30         may be revoked; amending s. 456.073, F.S.;

31         revising procedures and timeframes for formal

                                 115

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         hearings of health care practitioner

  2         disciplinary cases; requiring a joint audit of

  3         hearings and their billing formulas and a

  4         report to the Legislature; amending s. 456.076,

  5         F.S.; requiring each impaired practitioner to

  6         pay a portion of the cost of the consultant and

  7         impaired practitioner program and the full cost

  8         of the required treatment program or plan;

  9         providing certain exceptions; repealing s.

10         456.047, F.S., to terminate the standardized

11         credentialing program for health care

12         practitioners; prohibiting the refund of moneys

13         collected through the credentialing program;

14         amending ss. 456.039, 456.0391, 456.072, and

15         456.077, F.S.; removing references, to conform;

16         amending s. 458.309, F.S.; requiring

17         accreditation of physician offices in which

18         surgery is performed; amending s. 459.005,

19         F.S.; requiring accreditation of osteopathic

20         physician offices in which surgery is

21         performed; amending s. 456.004, F.S., relating

22         to powers and duties of the department;

23         requiring performance measures for certain

24         entities; providing procedures for considering

25         board requests to privatize regulatory

26         functions; amending s. 456.009, F.S.; requiring

27         performance measures for certain legal and

28         investigative services and annual review of

29         such services to determine whether such

30         performance measures are being met; amending s.

31         456.011, F.S.; requiring regulatory board

                                 116

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         committee meetings, including probable cause

  2         panels, to be held electronically unless

  3         certain conditions are met; providing for

  4         determination of location of in-person

  5         meetings; amending s. 456.026, F.S.; requiring

  6         inclusion of performance measures for certain

  7         entities in the department's annual report to

  8         the Legislature; creating s. 458.3093, F.S.;

  9         requiring submission of credentials for initial

10         physician licensure to a national licensure

11         verification service; requiring verification of

12         such credentials by that service or an

13         equivalent program; creating s. 459.0053, F.S.;

14         requiring submission of credentials for initial

15         osteopathic physician licensure to a national

16         licensure verification service; requiring

17         verification of such credentials by that

18         service, a specified association, or an

19         equivalent program; amending ss. 458.331,

20         459.015, and 627.912, F.S.; raising the

21         malpractice closed claims reporting requirement

22         amount; amending s. 456.073, F.S.; requiring

23         health care practitioner licensees to pay

24         certain costs of investigation and prosecution

25         under certain circumstances; requiring cases in

26         which no probable cause has been found to be

27         closed within a specified period of time;

28         requiring a study of the field office structure

29         and organization of the Agency for Health Care

30         Administration and a report to the Legislature;

31         amending s. 456.025, F.S.; eliminating certain

                                 117

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         restrictions on the setting of licensure

  2         renewal fees for health care practitioners;

  3         creating s. 456.0165, F.S.; restricting the

  4         costs that may be charged by educational

  5         institutions hosting health care practitioner

  6         licensure examinations; requiring health care

  7         practitioner licensure and licensure renewal

  8         fees to be set at graduated levels of the

  9         statutory fee cap or actual regulatory costs,

10         whichever is less; amending s. 468.302, F.S.;

11         authorizing certified nuclear medicine

12         technologists to administer X radiation from

13         certain devices under certain circumstances;

14         exempting certain persons from radiologic

15         technologist certification and providing

16         certain training requirements for such

17         exemption; amending s. 468.352, F.S.; revising

18         and providing definitions applicable to the

19         regulation of respiratory therapy; amending s.

20         468.355, F.S.; revising provisions relating to

21         respiratory therapy licensure and testing

22         requirements; amending s. 468.368, F.S.;

23         revising exemptions from respiratory therapy

24         licensure requirements; repealing s. 468.356,

25         F.S., relating to the approval of educational

26         programs; repealing s. 468.357, F.S., relating

27         to licensure by examination; amending s.

28         468.80, F.S.; expanding a definition; requiring

29         applications for health care practitioner

30         licensure and licensure renewal to be submitted

31         electronically beginning July 1, 2003, with

                                 118

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         certain exceptions; providing for transition to

  2         such electronic licensure; annually adjusting

  3         by 2.5 percent the statutory fee caps

  4         applicable to regulation of health care

  5         practitioners; renumbering ss. 381.0602,

  6         381.6021, 381.6022, 381.6023, 381.6024, and

  7         381.6026, F.S., and renumbering and amending

  8         ss. 381.60225 and 381.6025, F.S., to move

  9         provisions relating to organ and tissue

10         procurement, donation, and transplantation to

11         part V, ch. 765, F.S., relating to anatomical

12         gifts; revising cross references, to conform;

13         amending ss. 395.2050, 409.815, 765.5216, and

14         765.522, F.S.; revising cross references, to

15         conform; providing a short title and providing

16         coverage for certain organ transplant services;

17         amending s. 409.915, F.S.; exempting counties

18         from contributions for such services; amending

19         s. 456.074, F.S.; providing for an emergency

20         order suspending the license of any health care

21         practitioner who has defaulted on a student

22         loan issued or guaranteed by the state or the

23         Federal Government; amending s. 456.072, F.S.,

24         and reenacting subsection (2), relating to

25         disciplinary actions; clarifying the ground for

26         disciplinary action for failing to perform a

27         statutory or legal obligation to include

28         failing to repay a student loan issued or

29         guaranteed by the state or the Federal

30         Government in accordance with the terms of the

31         loan and for failing to comply with service

                                 119

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         scholarship obligations; providing penalties;

  2         directing the Department of Health to obtain

  3         certain information from the United States

  4         Department of Health and Human Services on a

  5         monthly basis and to include certain

  6         information in its annual report to the

  7         Legislature; reenacting ss. 456.026 and

  8         456.073, F.S., relating to the annual report

  9         and disciplinary proceedings, respectively, to

10         conform; providing applicability; amending s.

11         400.925, F.S.; eliminating the regulation of

12         certain home medical equipment by the Agency

13         for Health Care Administration; amending s.

14         765.104, F.S.; authorizing a patient whose

15         legal disability is removed to amend or revoke

16         the recognition of a medical proxy and any

17         uncompleted decision made by that proxy;

18         specifying when the amendment or revocation

19         takes effect; amending s. 765.401, F.S.;

20         providing for health care decisions for persons

21         having a developmental disability; amending s.

22         457.1085, F.S.; removing obsolete dates

23         relating to adoption of rules relating to

24         infection control; amending s. 457.109, F.S.;

25         prohibiting the use of certain titles relating

26         to the practice of acupuncture unless properly

27         licensed and certified; providing penalties;

28         amending s. 457.116, F.S.; increasing the

29         penalties applicable to prohibited acts

30         relating to the practice of acupuncture;

31         amending s. 395.002, F.S., to provide a

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         definition of "surgical first assistant;"

  2         amending s. 395.0197, F.S., to allow an

  3         operating surgeon to choose the surgical first

  4         assistant under certain conditions; amending s.

  5         768.13, F.S.; providing immunity from civil

  6         damages under the Good Samaritan Act for

  7         actions taken in response to situations during

  8         a declared public health emergency; revising

  9         the circumstances under which immunity from

10         civil damages is extended to actions taken by

11         persons licensed to practice medicine; amending

12         s. 381.0066, F.S.; authorizing the continuation

13         of permit fees for system construction permits

14         for onsite sewage treatment and disposal

15         systems; creating part IV of chapter 489, F.S.,

16         relating to portable restroom contracting;

17         providing definitions; requiring registration

18         and providing requirements therefor, including

19         an examination; providing for administration;

20         providing rulemaking authority; providing for

21         renewal of registration, including continuing

22         education; providing for certification of

23         partnerships and corporations; providing

24         grounds for suspension or revocation of

25         registration; providing fees; providing

26         penalties and prohibitions; amending s.

27         491.0057, F.S.; revising requirements relating

28         to dual licensure as a marriage and family

29         therapist; amending s. 627.638, F.S., to

30         require direct payment of benefits for hospital

31         or medical services under certain

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         circumstances; amending s. 766.101, F.S.;

  2         expanding the definition of the term "medical

  3         review committee" for purposes of immunity from

  4         liability; amending s. 627.357, F.S., relating

  5         to medical malpractice insurance; providing

  6         requirements to apply to form a self-insurance

  7         fund; amending s. 631.54, F.S.; amending

  8         definition of member insurer; requiring the

  9         Agency for Health Care Administration to

10         conduct a study of health care services

11         provided to medically fragile or

12         medical-technology-dependent children;

13         requiring the Agency for Health Care

14         Administration to conduct a pilot program for a

15         subacute pediatric transitional care center;

16         requiring background screening of center

17         personnel; requiring the agency to amend the

18         Medicaid state plan and seek federal waivers as

19         necessary; requiring the center to have an

20         advisory board; providing for membership on the

21         advisory board; providing requirements for the

22         admission, transfer, and discharge of a child

23         to the center; requiring the agency to submit

24         certain reports to the Legislature; amending s.

25         393.064, F.S.; changing contract authority

26         between the Department of Children and Families

27         and the Department of Health; providing

28         effective dates.

29

30         WHEREAS, residents and visitors to Florida need access

31  to quality and affordable health care, and

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         WHEREAS, the delivery of and payment for health care

  2  services provided to patients by health care practitioners in

  3  health care facilities is integrated in such a manner that a

  4  change to one facet of health care almost always impacts

  5  another facet, and

  6         WHEREAS, three state agencies play a role in overseeing

  7  health care providers, health care services, and health care

  8  payors in Florida, and

  9         WHEREAS, it is the role of the Department of Health to

10  protect and improve the health of Florida's patients by

11  regulating most health care practitioners and some health care

12  facilities and establishments, by preventing the occurrence

13  and progression of communicable diseases, and by regulating

14  certain environmental health issues, among other duties, and

15         WHEREAS, it is the role of the Agency for Health Care

16  Administration to ensure access to quality, affordable health

17  care by regulating most health care facilities, some health

18  care providers, and certain health care payors such as managed

19  care plans, and

20         WHEREAS, it is the role of the Department of Insurance

21  to regulate certain health insurers who pay for health care

22  for Floridians, and

23         WHEREAS, the regulation of health care practitioners

24  relies on peer review by fellow health care practitioners and

25  requires the costs of such regulation to be paid solely by

26  practitioners through fines and licensure fees, and

27         WHEREAS, the current level of practitioner fees are not

28  sufficient to cover the full costs of regulation, and

29         WHEREAS, Florida law requires health care practitioners

30  to be assessed a special fee if regular licensure fees are not

31  sufficient to pay the full costs of regulation, and

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                                                   HOUSE AMENDMENT

                                      Bill No. CS/HB 507, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         WHEREAS, the Medical Quality Assurance Trust Fund which

  2  holds all licensure fees and fines paid by health care

  3  practitioners is projected to be in a deficit in 2003, and

  4         WHEREAS, certain health care profession accounts within

  5  the Medical Quality Assurance Trust Fund are already in a

  6  deficit, and

  7         WHEREAS, it is vital that the Legislature ensure the

  8  financial integrity and soundness of all trust funds, and

  9         WHEREAS, the Legislature should encourage innovative

10  methods of providing quality services at reduced costs, and

11         WHEREAS, certain functions provided by state agencies

12  could be performed at a lower cost or with more efficiency in

13  the private sector in certain circumstances while still being

14  accountable to the Legislature, and

15         WHEREAS, the Legislature finds that oversight of the

16  health care delivery and payment system in Florida is an

17  important state interest, NOW, THEREFORE,

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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