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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Health Regulation offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, line 9 through page 4, line 27,

15  remove:  all of said lines

16

17  and insert:

18         Section 2.  Section  381.0011, Florida Statutes, is

19  amended to read:

20         381.0011  Duties and powers of the Department of

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

22         (1)  Assess the public health status and needs of the

23  state through statewide data collection and other appropriate

24  means, with special attention to future needs that may result

25  from population growth, technological advancements, new

26  societal priorities, or other changes.

27         (2)  Formulate general policies affecting the public

28  health of the state.

29         (3)  Include in the department's strategic plan

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

31  public health mission and health status objectives to direct

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)





  1  the use of public health resources with an emphasis on

  2  prevention.

  3         (4)  Administer and enforce laws and rules relating to

  4  sanitation, control of communicable diseases, illnesses and

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

  6  the general health of the people of the state.

  7         (5)  Cooperate with and accept assistance from federal,

  8  state, and local officials for the prevention and suppression

  9  of communicable and other diseases, illnesses, injuries, and

10  hazards to human health.

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

12  of persons, animals, and premises as the circumstances

13  indicate for controlling communicable diseases or providing

14  protection from unsafe conditions that pose a threat to public

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

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

17  conditions and procedures for imposing and releasing a

18  quarantine. The rules must include provisions related to:

19         1.  The closure of premises.

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

21  infected with a communicable disease.

22         3.  The tests or prophylactic treatment, including

23  vaccination, for communicable disease required prior to

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

25  quarantine.

26         4.  Testing or destruction of animals with or suspected

27  of having a disease transmissible to humans.

28         5.  Access by the department to quarantined premises.

29         6.  The disinfection of quarantined animals, persons,

30  or premises.

31         7.  Methods of quarantine.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)





  1         (b)  Any health regulation that restricts travel or

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

  3  state except by authority of the department.

  4         (7)  Provide for a thorough investigation and study of

  5  the incidence, causes, modes of propagation and transmission,

  6  and means of prevention, control, and cure of diseases,

  7  illnesses, and hazards to human health.

  8         (8)  Provide for the dissemination of information to

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

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

11  department shall conduct a workshop before issuing any health

12  alert or advisory relating to food-borne illness or

13  communicable disease in public lodging or food service

14  establishments in order to inform persons, trade associations,

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

16  input of affected persons, trade associations, and businesses

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

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

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

20  or advisory.

21         (9)  Act as registrar of vital statistics.

22         (10)  Cooperate with and assist federal health

23  officials in enforcing public health laws and regulations.

24         (11)  Cooperate with other departments, local

25  officials, and private boards and organizations for the

26  improvement and preservation of the public health.

27         (12)  Cooperate with other departments, local

28  officials, and private organizations in developing and

29  implementing a statewide injury control program.

30         (13)  Notwithstanding chapters 465 and 499 and rules

31  promulgated thereunder, the State Health Officer may direct

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)





  1  pharmacists employed by the department to compound bulk

  2  prescription drugs and provide these bulk prescription drugs

  3  to county health department physicians and nurses for

  4  administration to persons as part of a prophylactic or

  5  treatment regimen when there is a significant risk to the

  6  public health from a disease, an environmental contaminant, or

  7  a suspected act of nuclear, biological, or chemical terrorism,

  8         (14)  The State Health Officer, upon declaration of a

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

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

11  Such action shall include, but is not limited to:

12         (a)  Directing Florida manufacturers and wholesalers of

13  prescription and over-the-counter drugs permitted under

14  chapter 499 to give priority to shipping such drugs to

15  pharmacies and health care providers located in geographic

16  areas identified by the State Health Officer. Florida

17  manufacturers and wholesalers must respond d to the State

18  Health Officer's priority shipping directive before shipping

19  the specified drugs to other pharmacies or health care

20  providers in Florida.

21         (b)  Notwithstanding s. 456.036, temporarily

22  reactivating the inactive licenses of physicians licensed

23  under chapter 458 or chapter 459; physician assistants

24  licensed under chapter 458 or chapter 459; licensed practical

25  nurses, registered nurses, and advanced registered nurse

26  practitioners licensed under chapter 464; respiratory

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

28  medical technicians and paramedics licensed under chapter 401,

29  when such practitioners are needed to respond to the public

30  health emergency. Only those referenced in this paragraph who

31  request reactivation and have an unencumbered inactive license

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)





  1  are eligible for reactivation.  Any inactive license

  2  reactivated pursuant to this subsection shall return to

  3  inactive status when the public health emergency ends or prior

  4  to the end of the public health emergency if the State Health

  5  Officer determines that t he health care practitioner is no

  6  longer needed to provide services during the emergency. The

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

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

  9  401.

10         (c)  Notwithstanding any law to the contrary, during a

11  public health emergency declared pursuant to s. 381.00315 the

12  State Health Officer may compel an individual to be examined,

13  tested, vaccinated, or treated for communicable diseases which

14  have significant morbidity or mortality and present a severe

15  danger to public health.

16

17  Prior to taking action under this paragraph the State Health

18  Officer shall, to the extent possible, consult with the

19  Governor.

20         1.  Examination, testing, or treatment may be performed

21  by any qualified person authorized by the State Health

22  Officer.

23         2.  If the individual poses a danger to public health,

24  the State Health Officer may subject the individual to

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

26  individual, the State Health Officer may use any means

27  necessary t o vaccinate or treat the individual.

28         3.  Any order of the State Health Officer given to

29  effectuate this subsection shall be immediately enforceable by

30  law enforcement.

31

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 507

    Amendment No. 2 (for drafter's use only)





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

  2  request on a volunteer basis during a public health emergency

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

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

  5         (15)(13)  Adopt rules pursuant to ss. 120.536(1) and

  6  120.54 to implement the provisions of law conferring duties

  7  upon it.  This subsection does not authorize the department to

  8  require a permit or license unless such requirement is

  9  specifically provided by law.

10         (16)(14)  Perform any other duties prescribed by law.

11

12

13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 1, line 7,

16  remove:  381.0034

17

18  and insert:

19         381.0011

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    File original & 9 copies    01/24/02
    hcs0005                     05:01 pm         00507-hr  -911193