Senate Bill sb2738c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
By the Committees on Appropriations; Health, Aging, and
Long-Term Care; and Senator Saunders
309-2537-03
1 A bill to be entitled
2 An act relating to public health; amending s.
3 17.41, F.S.; providing for funds from the
4 tobacco settlement to be transferred to the
5 Biomedical Trust Fund within the Department of
6 Health Services and Community Health Resources
7 and the Division of Health Awareness and
8 Tobacco; amending s. 20.43, F.S.; establishing
9 the Division of Disability Determinations
10 within the Department of Health and renaming
11 the Division of Emergency Medical Services and
12 Community Health Resources and the Division of
13 Health Awareness and Tobacco; amending s.
14 154.01, F.S.; providing for environmental
15 health services to include investigations of
16 elevated blood lead levels; authorizing the
17 expenditure of funds for such investigations;
18 creating s. 216.342, F.S.; authorizing the
19 expenditure of funds in the United States Trust
20 Fund for the operation of the Division of
21 Disability Determinations; amending s.
22 381.0011, F.S.; revising duties of the
23 department with respect to injury prevention
24 and control; amending s. 381.004, F.S.;
25 revising requirements for the release of HIV
26 test results; amending s. 381.0065, F.S.,
27 relating to onsite sewage treatment and
28 disposal systems; clarifying a definition;
29 deleting obsolete provisions; amending s.
30 381.0066, F.S.; deleting a limitation on the
31 period for imposing a fee on new sewage system
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 construction; amending s. 381.0072, F.S.;
2 clarifying provisions governing the authority
3 of the department to adopt and enforce
4 sanitation rules; creating s. 381.104, F.S.;
5 authorizing state agencies to establish
6 employee health and wellness programs;
7 providing requirements for the programs;
8 requiring the use of an employee health and
9 wellness activity agreement form; requiring an
10 evaluation and improvement process for the
11 program; requiring the department to provide
12 model program guidelines; creating s. 381.86,
13 F.S.; creating the Review Council for Human
14 Subjects within the Department of Health;
15 providing duties and membership; providing for
16 reimbursement for per diem and travel expenses;
17 requiring the department to charge for costs
18 incurred by the council for research oversight;
19 providing an exception; requiring the
20 department to adopt rules; amending s. 381.89,
21 F.S.; revising the fees imposed for the
22 licensure of tanning facilities; amending s.
23 381.90, F.S.; revising the membership of the
24 Health Information Systems Council; revising
25 the date for submitting an annual plan;
26 amending s. 383.14, F.S.; clarifying provisions
27 with respect to the screening of newborns;
28 amending s. 384.25, F.S.; revising requirements
29 for the reporting of sexually transmissible
30 disease; requiring the department to adopt
31 rules; amending s. 385.204, F.S.; revising
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 requirements for the purchase and distribution
2 of insulin by the department; amending s.
3 391.021, F.S.; redefining the term "children
4 with special health care needs" for purposes of
5 the Children's Medical Services Act; amending
6 s. 391.025, F.S.; revising applicability and
7 scope of the act; amending s. 391.029, F.S.;
8 revising requirements for program eligibility;
9 amending s. 391.035, F.S.; authorizing the
10 department to contract for services provided
11 under the act; amending s. 391.055, F.S.;
12 requiring the referral of a newborn having a
13 certain abnormal screening result; creating s.
14 391.309, F.S.; establishing the Florida Infants
15 and Toddlers Early Intervention Program;
16 providing requirements for the department under
17 the program; requiring certain federal waivers;
18 amending s. 394.9151, F.S.; authorizing the
19 Department of Children and Family Services to
20 contract with the Correctional Medical
21 Authority for medical quality assurance
22 assistance at certain facilities; amending s.
23 395.404, F.S.; revising requirements for
24 reports to the department concerning brain or
25 spinal cord injuries; amending s. 401.113,
26 F.S.; providing for the use of funds generated
27 from interest on certain grant moneys; amending
28 s. 401.211, F.S.; providing legislative intent
29 with respect to a statewide comprehensive
30 injury prevention program; creating s. 401.243,
31 F.S.; providing duties of the department in
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 operating the program; amending s. 401.27,
2 F.S.; authorizing electronically submitted
3 applications for certification or
4 recertification as an emergency medical
5 technician or a paramedic; revising
6 requirements for an insignia identifying such
7 person; requiring the screening of applicants
8 through the Department of Law Enforcement;
9 amending s. 401.2701, F.S., relating to
10 emergency medical services training programs;
11 requiring that students be notified of certain
12 regulatory and screening requirements;
13 requiring the department to adopt rules;
14 amending s. 401.2715, F.S.; providing for
15 approval of continuing education courses;
16 amending s. 404.056, F.S.; revising
17 requirements for mandatory testing of certain
18 buildings and facilities for radon; amending s.
19 409.814, F.S.; revising eligibility for certain
20 children to participate in the Healthy Kids
21 program and the Medikids program; amending s.
22 409.91188, F.S.; authorizing the agency to
23 contract with private or public entities for
24 health care services; amending s. 456.072,
25 F.S.; providing an additional ground for which
26 disciplinary action may be taken; amending s.
27 456.025, F.S.; revising requirements for
28 tracking continuing education; amending s.
29 456.055, F.S.; providing requirements for
30 claims for services for chiropractic and
31 podiatric health care; amending ss. 460.406,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 463.006, and 467.009, F.S., relating to
2 licensure; conforming provisions to changes
3 made with respect to an accrediting agency;
4 amending s. 468.302, F.S.; authorizing a
5 nuclear medicine technologist to administer
6 certain X radiation; amending ss. 468.509,
7 468.707, 486.031, and 486.102, F.S., relating
8 to licensure; conforming provisions to changes
9 made with respect to an accrediting agency;
10 amending ss. 489.553 and 489.554, F.S.;
11 revising certification requirements for septic
12 tank contractors; authorizing an inactive
13 registration; amending ss. 490.005 and 491.005,
14 F.S., relating to licensure; conforming
15 provisions to changes made with respect to an
16 accrediting agency; amending s. 499.003, F.S.;
17 redefining the term "compressed medical gas"
18 for purposes of the Florida Drug and Cosmetic
19 Act; amending s. 499.007, F.S.; revising
20 requirements for labeling medicinal drugs;
21 amending s. 499.01, F.S.; authorizing the
22 department to issue a prescription drug
23 manufacturer permit to a nuclear pharmacy that
24 is a health care entity; amending s. 499.0121,
25 F.S.; providing requirements for retaining
26 inventories and records; transferring and
27 renumbering s. 501.122, F.S., relating to the
28 control of nonionizing radiations; amending s.
29 784.081, F.S.; providing for the
30 reclassification of the offense of assault or
31 battery if committed on an employee of the
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Department of Health or upon a direct services
2 provider of the department; creating s.
3 945.6038, F.S.; authorizing the Correctional
4 Medical Authority to contract with the
5 Department of Children and Family Services to
6 provide assistance in medical quality assurance
7 at certain facilities; creating s. 154.317,
8 F.S.; establishing reimbursement procedures and
9 guidelines for the reimbursement of trauma
10 centers by counties; providing for the payment
11 into the Medicaid Grants and Donations Trust
12 Fund and the use of certain funds; repealing s.
13 381.85, s. 381.0098(9), s. 385.103(2)(f), ss.
14 385.205 and 385.209, and s. 445.033(7), F.S;
15 relating to biomedical and social research,
16 obsolete provisions concerning biomedical
17 waste, rulemaking authority of the department,
18 programs in kidney disease control,
19 dissemination of information on cholesterol
20 health risks, and an exemption for certain
21 evaluations conducted by Workforce Florida,
22 Inc.; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (5) of section 17.41, Florida
27 Statutes, is amended to read:
28 17.41 Department of Banking and Finance Tobacco
29 Settlement Clearing Trust Fund.--
30 (5) The department shall disburse funds, by
31 nonoperating transfer, from the Tobacco Settlement Clearing
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Trust Fund to the tobacco settlement trust funds of the
2 various agencies or the Biomedical Research Trust Fund in the
3 Department of Health, as appropriate, in amounts equal to the
4 annual appropriations made from those agencies' trust funds in
5 the General Appropriations Act.
6 Section 2. Paragraphs (f) and (j) of subsection (3) of
7 section 20.43, Florida Statutes, are amended, and paragraph
8 (k) is added to that section, to read:
9 20.43 Department of Health.--There is created a
10 Department of Health.
11 (3) The following divisions of the Department of
12 Health are established:
13 (f) Division of Emergency Medical Operations Services
14 and Community Health Resources.
15 (j) Division of Health Access Awareness and Tobacco.
16 (k) Division of Disability Determinations.
17 Section 3. Paragraph (a) of subsection (2) and
18 subsection (3) of section 154.01, Florida Statutes, are
19 amended to read:
20 154.01 County health department delivery system.--
21 (2) A functional system of county health department
22 services shall be established which shall include the
23 following three levels of service and be funded as follows:
24 (a) "Environmental health services" are those services
25 which are organized and operated to protect the health of the
26 general public by monitoring and regulating activities in the
27 environment which may contribute to the occurrence or
28 transmission of disease. Environmental health services shall
29 be supported by available federal, state, and local funds and
30 shall include those services mandated on a state or federal
31 level. Examples of environmental health services include, but
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 are not limited to, food hygiene, investigations of elevated
2 blood lead levels, safe drinking water supply, sewage and
3 solid waste disposal, swimming pools, group care facilities,
4 migrant labor camps, toxic material control, radiological
5 health, occupational health, and entomology.
6 (3) The Department of Health shall enter into
7 contracts with the several counties for the purposes of this
8 part. All contracts shall be negotiated and approved by the
9 appropriate local governing bodies and the appropriate
10 district administrators on behalf of the department. In
11 accordance with federal guidelines, the state may utilize
12 federal funds for county health department services. A
13 standard contract format shall be developed and used by the
14 department in contract negotiations. The contract shall
15 include the three levels of county health department services
16 outlined in subsection (2) above and shall contain a section
17 which stipulates, for the contract year:
18 (a) All revenue sources, including federal, state, and
19 local general revenue, fees, and other cash contributions,
20 which shall be used by the county health department for county
21 health department services;
22 (b) The types of services to be provided in each level
23 of service. Each participating county may expend funds for
24 federally mandated certification or recertification fees
25 related to investigations of elevated blood lead levels as
26 provided under paragraph (2)(a);
27 (c) The estimated number of clients, where applicable,
28 who will be served, by type of service;
29 (d) The estimated number of services, where
30 applicable, that will be provided, by type of service;
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (e) The estimated number of staff positions (full-time
2 equivalent positions) who will work in each type of service
3 area; and
4 (f) The estimated expenditures for each type of
5 service and for each level of service.
6
7 The contract shall also provide for financial and service
8 reporting for each type of service according to standard
9 service and reporting procedures established by the
10 department.
11 Section 4. Section 216.342, Florida Statutes, is
12 created to read:
13 216.342 Disbursement of the United States Trust
14 Fund.--The United States Trust Fund may be expended by the
15 Department of Health in accordance with the budget and plans
16 agreed upon by the Social Security Administration and the
17 Department of Health for the operation of the Division of
18 Disability Determinations. The limitations on appropriations
19 provided in s. 216.262 (1) do not apply to the United States
20 Trust Fund.
21 Section 5. Subsection (12) of section 381.0011,
22 Florida Statutes, is amended to read:
23 381.0011 Duties and powers of the Department of
24 Health.--It is the duty of the Department of Health to:
25 (12) Maintain Cooperate with other departments, local
26 officials, and private organizations in developing and
27 implementing a statewide injury prevention and control
28 program.
29 Section 6. Paragraph (d) of subsection (3) of section
30 381.004, Florida Statutes, is amended to read:
31 381.004 HIV testing.--
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
2 CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
3 (d) No test result shall be determined as positive,
4 and no positive test result shall be revealed to any person,
5 without corroborating or confirmatory tests being conducted
6 except in the following situations:
7 1. Preliminary test results may be released to
8 licensed physicians or the medical or nonmedical personnel
9 subject to the significant exposure for purposes of
10 subparagraphs (h)10., 11., and 12.
11 2. Preliminary test results may be released to health
12 care providers and to the person tested when decisions about
13 medical care or treatment of, or recommendation to, the person
14 tested and, in the case of an intrapartum or postpartum woman,
15 when care, treatment, or recommendations regarding her
16 newborn, cannot await the results of confirmatory testing.
17 Positive preliminary HIV test results shall not be
18 characterized to the patient as a diagnosis of HIV infection.
19 Justification for the use of preliminary test results must be
20 documented in the medical record by the health care provider
21 who ordered the test. This subparagraph does not authorize the
22 release of preliminary test results for the purpose of routine
23 identification of HIV-infected individuals or when HIV testing
24 is incidental to the preliminary diagnosis or care of a
25 patient. Corroborating or confirmatory testing must be
26 conducted as followup to a positive preliminary test.
27 3. A positive rapid test result is preliminary and may
28 be released in accordance with the manufacturer's
29 instructions, as approved by the United States Food and Drug
30 Administration. A positive rapid test result shall be subject
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 to confirmatory testing for purposes of diagnosis and
2 reporting of HIV infection.
3
4 Results shall be communicated to the patient according to
5 statute regardless of the outcome. Except as provided in this
6 section, test results are confidential and exempt from the
7 provisions of s. 119.07(1).
8 Section 7. Paragraph (k) of subsection (2) and
9 paragraph (j) of subsection (4) of section 381.0065, Florida
10 Statutes, are amended to read:
11 381.0065 Onsite sewage treatment and disposal systems;
12 regulation.--
13 (2) DEFINITIONS.--As used in ss. 381.0065-381.0067,
14 the term:
15 (k) "Permanent nontidal surface water body" means a
16 perennial stream, a perennial river, an intermittent stream, a
17 perennial lake, a submerged marsh or swamp, a submerged wooded
18 marsh or swamp, a spring, or a seep, as identified on the most
19 recent quadrangle map, 7.5 minute series (topographic),
20 produced by the United States Geological Survey, or products
21 derived from that series. "Permanent nontidal surface water
22 body" shall also mean an artificial surface water body that
23 does not have an impermeable bottom and side and that is
24 designed to hold, or does hold, visible standing water for at
25 least 180 days of the year. However, a nontidal surface water
26 body that is drained, either naturally or artificially, where
27 the intent or the result is that such drainage be temporary,
28 shall be considered a permanent nontidal surface water body. A
29 nontidal surface water body that is drained of all visible
30 surface water, where the lawful intent or the result of such
31 drainage is that such drainage will be permanent, shall not be
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 considered a permanent nontidal surface water body. The
2 boundary of a permanent nontidal surface water body shall be
3 the mean annual flood line.
4 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
5 may not construct, repair, modify, abandon, or operate an
6 onsite sewage treatment and disposal system without first
7 obtaining a permit approved by the department. The department
8 may issue permits to carry out this section, but shall not
9 make the issuance of such permits contingent upon prior
10 approval by the Department of Environmental Protection. A
11 construction permit is valid for 18 months from the issuance
12 date and may be extended by the department for one 90-day
13 period under rules adopted by the department. A repair permit
14 is valid for 90 days from the date of issuance. An operating
15 permit must be obtained prior to the use of any aerobic
16 treatment unit or if the establishment generates commercial
17 waste. Buildings or establishments that use an aerobic
18 treatment unit or generate commercial waste shall be inspected
19 by the department at least annually to assure compliance with
20 the terms of the operating permit. The operating permit for a
21 commercial wastewater system is valid for 1 year from the date
22 of issuance and must be renewed annually. The operating permit
23 for an aerobic treatment unit is valid for 2 years from the
24 date of issuance and must be renewed every 2 years. If all
25 information pertaining to the siting, location, and
26 installation conditions or repair of an onsite sewage
27 treatment and disposal system remains the same, a construction
28 or repair permit for the onsite sewage treatment and disposal
29 system may be transferred to another person, if the transferee
30 files, within 60 days after the transfer of ownership, an
31 amended application providing all corrected information and
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 proof of ownership of the property. There is no fee
2 associated with the processing of this supplemental
3 information. A person may not contract to construct, modify,
4 alter, repair, service, abandon, or maintain any portion of an
5 onsite sewage treatment and disposal system without being
6 registered under part III of chapter 489. A property owner
7 who personally performs construction, maintenance, or repairs
8 to a system serving his or her own owner-occupied
9 single-family residence is exempt from registration
10 requirements for performing such construction, maintenance, or
11 repairs on that residence, but is subject to all permitting
12 requirements. A municipality or political subdivision of the
13 state may not issue a building or plumbing permit for any
14 building that requires the use of an onsite sewage treatment
15 and disposal system unless the owner or builder has received a
16 construction permit for such system from the department. A
17 building or structure may not be occupied and a municipality,
18 political subdivision, or any state or federal agency may not
19 authorize occupancy until the department approves the final
20 installation of the onsite sewage treatment and disposal
21 system. A municipality or political subdivision of the state
22 may not approve any change in occupancy or tenancy of a
23 building that uses an onsite sewage treatment and disposal
24 system until the department has reviewed the use of the system
25 with the proposed change, approved the change, and amended the
26 operating permit.
27 (j) An onsite sewage treatment and disposal system for
28 a single-family residence that is designed by a professional
29 engineer registered in the state and certified by such
30 engineer as complying with performance criteria adopted by the
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 department must be approved by the department subject to the
2 following:
3 1. The performance criteria applicable to
4 engineer-designed systems must be limited to those necessary
5 to ensure that such systems do not adversely affect the public
6 health or significantly degrade the groundwater or surface
7 water. Such performance criteria shall include consideration
8 of the quality of system effluent, the proposed total sewage
9 flow per acre, wastewater treatment capabilities of the
10 natural or replaced soil, water quality classification of the
11 potential surface-water-receiving body, and the structural and
12 maintenance viability of the system for the treatment of
13 domestic wastewater. However, performance criteria shall
14 address only the performance of a system and not a system's
15 design.
16 2. The technical review and advisory panel shall
17 assist the department in the development of performance
18 criteria applicable to engineer-designed systems. Workshops
19 on the development of the rules delineating such criteria
20 shall commence not later than September 1, 1996, and the
21 department shall advertise such rules for public hearing no
22 later than October 1, 1997.
23 3. A person electing to utilize an engineer-designed
24 system shall, upon completion of the system design, submit
25 such design, certified by a registered professional engineer,
26 to the county health department. The county health department
27 may utilize an outside consultant to review the
28 engineer-designed system, with the actual cost of such review
29 to be borne by the applicant. Within 5 working days after
30 receiving an engineer-designed system permit application, the
31 county health department shall request additional information
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 if the application is not complete. Within 15 working days
2 after receiving a complete application for an
3 engineer-designed system, the county health department either
4 shall issue the permit or, if it determines that the system
5 does not comply with the performance criteria, shall notify
6 the applicant of that determination and refer the application
7 to the department for a determination as to whether the system
8 should be approved, disapproved, or approved with
9 modification. The department engineer's determination shall
10 prevail over the action of the county health department. The
11 applicant shall be notified in writing of the department's
12 determination and of the applicant's rights to pursue a
13 variance or seek review under the provisions of chapter 120.
14 4. The owner of an engineer-designed performance-based
15 system must maintain a current maintenance service agreement
16 with a maintenance entity permitted by the department. The
17 maintenance entity shall obtain a biennial system operating
18 permit from the department for each system under service
19 contract. The department shall inspect the system at least
20 annually, or on such periodic basis as the fee collected
21 permits, and may collect system-effluent samples if
22 appropriate to determine compliance with the performance
23 criteria. The fee for the biennial operating permit shall be
24 collected beginning with the second year of system operation.
25 The maintenance entity shall inspect each system at least
26 twice each year and shall report quarterly to the department
27 on the number of systems inspected and serviced.
28 5. If an engineer-designed system fails to properly
29 function or fails to meet performance standards, the system
30 shall be re-engineered, if necessary, to bring the system into
31 compliance with the provisions of this section.
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Section 8. Paragraph (k) of subsection (2) of section
2 381.0066, Florida Statutes, as amended by section 16 of
3 chapter 2002-402, Laws of Florida, is amended to read:
4 381.0066 Onsite sewage treatment and disposal systems;
5 fees.--
6 (2) The minimum fees in the following fee schedule
7 apply until changed by rule by the department within the
8 following limits:
9 (k) Research: An additional $5 fee shall be added to
10 each new system construction permit issued during fiscal years
11 1996-2003 to be used for onsite sewage treatment and disposal
12 system research, demonstration, and training projects. Five
13 dollars from any repair permit fee collected under this
14 section shall be used for funding the hands-on training
15 centers described in s. 381.0065(3)(j).
16
17 The funds collected pursuant to this subsection must be
18 deposited in a trust fund administered by the department, to
19 be used for the purposes stated in this section and ss.
20 381.0065 and 381.00655.
21 Section 9. Paragraph (a) of subsection (2) of section
22 381.0072, Florida Statutes, is amended to read:
23 381.0072 Food service protection.--It shall be the
24 duty of the Department of Health to adopt and enforce
25 sanitation rules consistent with law to ensure the protection
26 of the public from food-borne illness. These rules shall
27 provide the standards and requirements for the storage,
28 preparation, serving, or display of food in food service
29 establishments as defined in this section and which are not
30 permitted or licensed under chapter 500 or chapter 509.
31 (2) DUTIES.--
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (a) The department shall adopt rules, including
2 definitions of terms which are consistent with law prescribing
3 minimum sanitation standards and manager certification
4 requirements as prescribed in s. 509.039, and which shall be
5 enforced in food service establishments as defined in this
6 section. The sanitation standards must address the
7 construction, operation, and maintenance of the establishment;
8 lighting, ventilation, laundry rooms, lockers, use and storage
9 of toxic materials and cleaning compounds, and first-aid
10 supplies; plan review; design, construction, installation,
11 location, maintenance, sanitation, and storage of food
12 equipment and utensils; employee training, health, hygiene,
13 and work practices; food supplies, preparation, storage,
14 transportation, and service, including access to the areas
15 where food is stored or prepared; and sanitary facilities and
16 controls, including water supply and sewage disposal; plumbing
17 and toilet facilities; garbage and refuse collection, storage,
18 and disposal; and vermin control. Public and private schools
19 if the food service is operated by school employees, hospitals
20 licensed under chapter 395, nursing homes licensed under part
21 II of chapter 400, child care facilities as defined in s.
22 402.301, and residential facilities colocated with a nursing
23 home or hospital if all food is prepared in a central kitchen
24 that complies with nursing or hospital regulations, and bars
25 and lounges shall be exempt from the rules developed for
26 manager certification. The department shall administer a
27 comprehensive inspection, monitoring, and sampling program to
28 ensure such standards are maintained. With respect to food
29 service establishments permitted or licensed under chapter 500
30 or chapter 509, the department shall assist the Division of
31 Hotels and Restaurants of the Department of Business and
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Professional Regulation and the Department of Agriculture and
2 Consumer Services with rulemaking by providing technical
3 information.
4 Section 10. Section 381.104, Florida Statutes, is
5 created to read:
6 381.104 Employee health and wellness program.--
7 (1) Each state agency may allocate, from existing
8 resources, the necessary funding and facilities for the
9 development and maintenance of an employee health and wellness
10 program and may seek additional funding from other sources to
11 support the program for the benefit of the agency's employees.
12 (2) Each state agency may dedicate resources to
13 develop and coordinate an employee health and wellness program
14 or arrange to cooperate with other agencies in their
15 geographic proximity for program coordination, including
16 providers of state employee benefits.
17 (3) Each state agency may establish an employee health
18 and wellness coordinator and an advisory committee to guide
19 the development of an operational plan, including the
20 collection of data, to plan events and activities, and to
21 oversee program evaluation and the allocation of funds.
22 (4) Each state agency may conduct and dedicate
23 resources toward an employee needs assessment to ascertain the
24 health and wellness-related needs of its employees.
25 (5) Each state agency may establish policies that
26 allow employees no longer than 30 minutes of work time three
27 times each week, as individual workloads allow, which may be
28 used for the purpose of engaging in wellness activities,
29 including physical activity, stress-reduction programs,
30 tobacco cessation, personal training, nutrition counseling, or
31 weight reduction and control.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (6) Each state agency participating in the program
2 must use an employee health and wellness activity agreement
3 form, which must be completed and signed by the employee,
4 signed by the employee's immediate supervisor, and kept in the
5 employee's personnel file prior to participating in any
6 activity. This form shall be developed by the Department of
7 Health. It is the responsibility of the employee to complete
8 the form, including the time of the workday the wellness
9 activity will be observed and on which days of the week,
10 obtain the signature of his or her supervisor, and submit the
11 form to the personnel office. The employee must submit a
12 revised employee health and wellness activity agreement form
13 prior to any change in the employee's activities.
14 (7) Each state agency may designate up to 1 hour each
15 month for the purpose of providing wellness training for its
16 employees.
17 (8) Each state agency may use the e-mail and other
18 communication systems to promote the agency's employee health
19 and wellness activities.
20 (9) Each state agency may, and is encouraged to:
21 (a) Enter into an agreement or contract with other
22 state agencies, including a state-supported college or
23 university, or with a local or federal department,
24 institution, commission, agency, or private enterprise to
25 present, collaborate, or participate jointly in health or
26 fitness education or activity programs.
27 (b) Implement as a part of the employee health and
28 wellness program, health education activities that focus on
29 skill development and lifestyle behavior change, along with
30 information dissemination and awareness building, preferably
31 tailored to an employee's interests and needs.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (c) Review and offer recommendations on environmental
2 and social support policies that pertain to improving the
3 health of employees.
4 (d) Link the employee health and wellness program to
5 programs such as the employee assistance program and other
6 related programs to help employees balance work and family.
7 (e) Offer free, low-cost, or employee fee-based
8 employee wellness programs.
9 (10) Each agency that develops and implements an
10 employee health and wellness program shall include and
11 document an evaluation and improvement process to help enhance
12 the program's efficiency and effectiveness over time.
13 (11) The Department of Health shall provide model
14 program guidelines for the employee health and wellness
15 program and shall provide ongoing technical assistance to
16 other state agencies to assist in developing the agency's
17 employee health and wellness program.
18 Section 11. Section 381.86, Florida Statutes, is
19 created to read:
20 381.86 Review Council for Human Subjects.--
21 (1) The Review Council for Human Subjects is created
22 within the Department of Health to comply with federal
23 requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50
24 and 56 for an institutional review board to review all
25 biomedical and behavioral research on human subjects which is
26 funded by the department or supported by the department in any
27 manner, including the permitting of access to department data
28 or department resources.
29 (2) Consistent with federal requirements the Secretary
30 of Health shall determine and appoint the membership on the
31 council and designate the chair.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (3) The council may serve as an institutional review
2 board for other agencies at the discretion of the secretary.
3 (4) Each council member is entitled to reimbursement
4 for per diem and travel expenses as provided in s. 112.061
5 while carrying out the official business of the council.
6 (5) The department shall charge for costs incurred by
7 the council for research oversight according to a fee
8 schedule, except that fees shall be waived for any student who
9 is a candidate for a degree at a university located in this
10 state. The fee schedule shall provide for fees for initial
11 review, amendments, and continuing review. The department
12 shall adopt rules necessary to comply with federal
13 requirements and this section. Such rules shall also prescribe
14 procedures for requesting council review.
15 (6) Fees collected pursuant to this section shall be
16 deposited into the Administrative Trust Fund and used solely
17 for the purpose of administering the program authorized by
18 this section.
19 Section 12. Paragraphs (b) and (c) of subsection (3)
20 of section 381.89, Florida Statutes, are amended to read:
21 381.89 Regulation of tanning facilities.--
22 (3)
23 (b) The department shall establish procedures for the
24 issuance and annual renewal of licenses and shall establish
25 annual license and renewal fees and late payment fees in an
26 amount necessary to cover the expenses of administering this
27 section. Annual license and renewal fees may not shall be not
28 less than $125 nor more than $250 per tanning device and a
29 maximum total fee per individual tanning facility may be set
30 by rule. Effective October 1, 1991, the fee amount shall be
31 the minimum fee proscribed in this paragraph and such fee
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 amount shall remain in effect until the effective date of a
2 fee schedule adopted by the department.
3 (c) The department may adopt a system under which
4 licenses expire on staggered dates and the annual renewal fees
5 are prorated quarterly monthly to reflect the actual number of
6 months the license is valid.
7 Section 13. Subsection (3) and paragraph (a) of
8 subsection (7) of section 381.90, Florida Statutes, are
9 amended to read:
10 381.90 Health Information Systems Council; legislative
11 intent; creation, appointment, duties.--
12 (3) The council shall be composed of the following
13 members or their senior executive-level designees:
14 (a) The Secretary of the Department of Health;
15 (b) The Executive Director secretary of the Department
16 of Veterans' Affairs Business and Professional Regulation;
17 (c) The Secretary of the Department of Children and
18 Family Services;
19 (d) The Secretary of Health Care Administration;
20 (e) The Secretary of the Department of Corrections;
21 (f) The Attorney General;
22 (g) The Executive Director of the Correctional Medical
23 Authority;
24 (h) Two members representing county health
25 departments, one from a small county and one from a large
26 county, appointed by the Governor;
27 (i) A representative from the Florida Association of
28 Counties;
29 (j) The Chief Financial Officer State Treasurer and
30 Insurance Commissioner;
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (k) A representative from the Florida Healthy Kids
2 Corporation;
3 (l) A representative from a school of public health
4 chosen by the Commissioner of Education Board of Regents;
5 (m) The Commissioner of Education;
6 (n) The Secretary of the Department of Elderly
7 Affairs; and
8 (o) The Secretary of the Department of Juvenile
9 Justice.
10
11 Representatives of the Federal Government may serve without
12 voting rights.
13 (7) The council's duties and responsibilities include,
14 but are not limited to, the following:
15 (a) By June March 1 of each year, to develop and
16 approve a strategic plan pursuant to the requirements set
17 forth in s. 186.022(9). Copies of the plan shall be
18 transmitted electronically or in writing to the Executive
19 Office of the Governor, the Speaker of the House of
20 Representatives, and the President of the Senate.
21 Section 14. Subsections (1) and (2), paragraphs (f)
22 and (g) of subsection (3), and subsection (5) of section
23 383.14, Florida Statutes, are amended to read:
24 383.14 Screening for metabolic disorders, other
25 hereditary and congenital disorders, and environmental risk
26 factors.--
27 (1) SCREENING REQUIREMENTS.--To help ensure access to
28 the maternal and child health care system, the Department of
29 Health shall promote the screening of all newborns infants
30 born in Florida for phenylketonuria and other metabolic,
31 hereditary, and congenital disorders known to result in
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 significant impairment of health or intellect, as screening
2 programs accepted by current medical practice become available
3 and practical in the judgment of the department. The
4 department shall also promote the identification and screening
5 of all newborns infants born in this state and their families
6 for environmental risk factors such as low income, poor
7 education, maternal and family stress, emotional instability,
8 substance abuse, and other high-risk conditions associated
9 with increased risk of infant mortality and morbidity to
10 provide early intervention, remediation, and prevention
11 services, including, but not limited to, parent support and
12 training programs, home visitation, and case management.
13 Identification, perinatal screening, and intervention efforts
14 shall begin prior to and immediately following the birth of
15 the child by the attending health care provider. Such efforts
16 shall be conducted in hospitals, perinatal centers, county
17 health departments, school health programs that provide
18 prenatal care, and birthing centers, and reported to the
19 Office of Vital Statistics.
20 (a) Prenatal screening.--The department shall develop
21 a multilevel screening process that includes a risk assessment
22 instrument to identify women at risk for a preterm birth or
23 other high-risk condition. The primary health care provider
24 shall complete the risk assessment instrument and report the
25 results to the Office of Vital Statistics so that the woman
26 may immediately be notified and referred to appropriate
27 health, education, and social services.
28 (b) Postnatal screening.--A risk factor analysis using
29 the department's designated risk assessment instrument shall
30 also be conducted as part of the medical screening process
31 upon the birth of a child and submitted to the department's
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Office of Vital Statistics for recording and other purposes
2 provided for in this chapter. The department's screening
3 process for risk assessment shall include a scoring mechanism
4 and procedures that establish thresholds for notification,
5 further assessment, referral, and eligibility for services by
6 professionals or paraprofessionals consistent with the level
7 of risk. Procedures for developing and using the screening
8 instrument, notification, referral, and care coordination
9 services, reporting requirements, management information, and
10 maintenance of a computer-driven registry in the Office of
11 Vital Statistics which ensures privacy safeguards must be
12 consistent with the provisions and plans established under
13 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures
14 established for reporting information and maintaining a
15 confidential registry must include a mechanism for a
16 centralized information depository at the state and county
17 levels. The department shall coordinate with existing risk
18 assessment systems and information registries. The department
19 must ensure, to the maximum extent possible, that the
20 screening information registry is integrated with the
21 department's automated data systems, including the Florida
22 On-line Recipient Integrated Data Access (FLORIDA) system.
23 Tests and screenings must be performed by the State Public
24 Health Laboratory, in coordination with Children's Medical
25 Services, at such times and in such manner as is prescribed by
26 the department after consultation with the Genetics and
27 Newborn Infant Screening Advisory Council and the State
28 Coordinating Council for School Readiness Programs.
29 (2) RULES.--After consultation with the Genetics and
30 Newborn Infant Screening Advisory Council, the department
31 shall adopt and enforce rules requiring that every newborn
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 infant born in this state shall, prior to becoming 2 weeks of
2 age, be subjected to a test for phenylketonuria and, at the
3 appropriate age, be tested for such other metabolic diseases
4 and hereditary or congenital disorders as the department may
5 deem necessary from time to time. After consultation with the
6 State Coordinating Council for School Readiness Programs, the
7 department shall also adopt and enforce rules requiring every
8 newborn infant born in this state to be screened for
9 environmental risk factors that place children and their
10 families at risk for increased morbidity, mortality, and other
11 negative outcomes. The department shall adopt such additional
12 rules as are found necessary for the administration of this
13 section, including rules providing definitions of terms, rules
14 relating to the methods used and time or times for testing as
15 accepted medical practice indicates, rules relating to
16 charging and collecting fees for screenings authorized by this
17 section, and rules requiring mandatory reporting of the
18 results of tests and screenings for these conditions to the
19 department.
20 (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
21 department shall administer and provide certain services to
22 implement the provisions of this section and shall:
23 (f) Promote the availability of genetic studies and
24 counseling in order that the parents, siblings, and affected
25 newborns infants may benefit from available knowledge of the
26 condition.
27 (g) Have the authority to charge and collect fees for
28 screenings authorized in this section, as follows:
29 1. A fee of $20 will be charged for each live birth,
30 as recorded by the Office of Vital Statistics, occurring in a
31 hospital licensed under part I of chapter 395 or a birth
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 center licensed under s. 383.305, up to 3,000 live births per
2 licensed hospital per year or over 60 births per birth center
3 per year. The department shall calculate the annual
4 assessment for each hospital and birth center, and this
5 assessment must be paid in equal amounts quarterly. Quarterly,
6 the department shall generate and mail to each hospital and
7 birth center a statement of the amount due.
8 2. As part of the department's legislative budget
9 request prepared pursuant to chapter 216, the department shall
10 submit a certification by the department's inspector general,
11 or the director of auditing within the inspector general's
12 office, of the annual costs of the uniform testing and
13 reporting procedures of the newborn infant screening program.
14 In certifying the annual costs, the department's inspector
15 general or the director of auditing within the inspector
16 general's office shall calculate the direct costs of the
17 uniform testing and reporting procedures, including applicable
18 administrative costs. Administrative costs shall be limited to
19 those department costs which are reasonably and directly
20 associated with the administration of the uniform testing and
21 reporting procedures of the newborn infant screening program.
22
23 All provisions of this subsection must be coordinated with the
24 provisions and plans established under this chapter, chapter
25 411, and Pub. L. No. 99-457.
26 (5) ADVISORY COUNCIL.--There is established a Genetics
27 and Newborn Infant Screening Advisory Council made up of 12
28 members appointed by the Secretary of Health. The council
29 shall be composed of two consumer members, three practicing
30 pediatricians, at least one of whom must be a pediatric
31 hematologist, one representative from each of the four medical
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 schools in the state, the Secretary of Health or his or her
2 designee, one representative from the Department of Health
3 representing Children's Medical Services, and one
4 representative from the Developmental Disabilities Program
5 Office of the Department of Children and Family Services. All
6 appointments shall be for a term of 4 years. The chairperson
7 of the council shall be elected from the membership of the
8 council and shall serve for a period of 2 years. The council
9 shall meet at least semiannually or upon the call of the
10 chairperson. The council may establish ad hoc or temporary
11 technical advisory groups to assist the council with specific
12 topics which come before the council. Council members shall
13 serve without pay. Pursuant to the provisions of s. 112.061,
14 the council members are entitled to be reimbursed for per diem
15 and travel expenses. It is the purpose of the council to
16 advise the department about:
17 (a) Conditions for which testing should be included
18 under the screening program and the genetics program;
19 (b) Procedures for collection and transmission of
20 specimens and recording of results; and
21 (c) Methods whereby screening programs and genetics
22 services for children now provided or proposed to be offered
23 in the state may be more effectively evaluated, coordinated,
24 and consolidated.
25 Section 15. Section 384.25, Florida Statutes, is
26 amended to read:
27 384.25 Reporting required.--
28 (1) Each person who makes a diagnosis of or treats a
29 person with a sexually transmissible disease and each
30 laboratory that performs a test for a sexually transmissible
31 disease which concludes with a positive result shall report
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 such facts as may be required by the department by rule,
2 within a time period as specified by rule of the department,
3 but in no case to exceed 2 weeks.
4 (a)(2) The department shall adopt rules specifying the
5 information required in and a minimum time period for
6 reporting a sexually transmissible disease. In adopting such
7 rules, the department shall consider the need for information,
8 protections for the privacy and confidentiality of the
9 patient, and the practical ability of persons and laboratories
10 to report in a reasonable fashion. To ensure the
11 confidentiality of persons infected with the human
12 immunodeficiency virus (HIV), reporting of HIV infection and
13 acquired immune deficiency syndrome (AIDS) must be conducted
14 using a system the HIV/AIDS Reporting System (HARS) developed
15 by the Centers for Disease Control and Prevention of the
16 United States Public Health Service or an equivalent system.
17 (b)(3) The department shall require reporting of
18 physician diagnosed cases of AIDS and HIV infection consistent
19 with based upon diagnostic criteria for surveillance-case
20 definition for HIV/AIDS reporting from the Centers for Disease
21 Control and Prevention.
22 (c)(4) The department shall may require physician and
23 laboratory reporting of HIV infection. However, only reports
24 of HIV infection identified on or after the effective date of
25 the rule developed by the department pursuant to this
26 subsection shall be accepted. The Reporting may not affect or
27 relate to anonymous HIV testing programs conducted pursuant to
28 s. 381.004(4) or to university-based medical research
29 protocols as determined by the department.
30 (2)(5) After notification of the test subject under
31 subsection (4), the department may, with the consent of the
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 test subject, notify school superintendents of students and
2 school personnel whose HIV tests are positive.
3 (3) The department shall adopt rules requiring each
4 physician and laboratory to report any newborn or infant up to
5 18 months of age who has been exposed to HIV. The rules may
6 include the method and time period for reporting, information
7 to be included in the report, requirements for enforcement,
8 and followup activities by the department.
9 (4)(6) The department shall by February 1 of each year
10 submit to the Legislature an annual report relating to all
11 information obtained pursuant to this section.
12 (5)(7) Each person who violates the provisions of this
13 section or the rules adopted hereunder may be fined by the
14 department up to $500 for each offense. The department shall
15 report each violation of this section to the regulatory agency
16 responsible for licensing each health care professional and
17 each laboratory to which these provisions apply.
18 Section 16. Subsection (1) of section 385.204, Florida
19 Statutes, is amended to read:
20 385.204 Insulin; purchase, distribution; penalty for
21 fraudulent application for and obtaining of insulin.--
22 (1) The Department of Health, to the extent funds are
23 available, shall purchase and distribute insulin through its
24 agents or other appropriate agent of the state or Federal
25 Government in any county or municipality in the state to any
26 bona fide resident of this state suffering from diabetes or a
27 kindred disease requiring insulin in its treatment who makes
28 application for insulin and furnishes proof of his or her
29 financial inability to purchase in accordance with the rules
30 adopted promulgated by the department concerning the
31 distribution of insulin.
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Section 17. Subsection (2) of section 391.021, Florida
2 Statutes, is amended to read:
3 391.021 Definitions.--When used in this act, unless
4 the context clearly indicates otherwise:
5 (2) "Children with special health care needs" means
6 those children under the age of 21 years who have, or are at
7 increased risk for, chronic physical, developmental,
8 behavioral, or emotional conditions and who also require
9 health care and related services of a type or amount beyond
10 that which is generally required by children whose serious or
11 chronic physical or developmental conditions require extensive
12 preventive and maintenance care beyond that required by
13 typically healthy children. Health care utilization by these
14 children exceeds the statistically expected usage of the
15 normal child adjusted for chronological age. These children
16 often need complex care requiring multiple providers,
17 rehabilitation services, and specialized equipment in a number
18 of different settings.
19 Section 18. Section 391.025, Florida Statutes, is
20 amended to read:
21 391.025 Applicability and scope.--
22 (1) This act applies to health services provided to
23 eligible individuals who are:
24 (a) Enrolled in the Medicaid program;
25 (b) Enrolled in the Florida Kidcare program; and
26 (c) Uninsured or underinsured, provided that they meet
27 the financial eligibility requirements established in this
28 act, and to the extent that resources are appropriated for
29 their care.
30 (1)(2) The Children's Medical Services program
31 consists of the following components:
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (a) The newborn infant metabolic screening program
2 established in s. 383.14.
3 (b) The regional perinatal intensive care centers
4 program established in ss. 383.15-383.21.
5 (c) A federal or state program authorized by the
6 Legislature.
7 (d) The developmental evaluation and intervention
8 program, including the infants and toddlers early intervention
9 program.
10 (e) The Children's Medical Services network.
11 (2)(3) The Children's Medical Services program shall
12 not be deemed an insurer and is not subject to the licensing
13 requirements of the Florida Insurance Code or the rules of the
14 Department of Insurance, when providing services to children
15 who receive Medicaid benefits, other Medicaid-eligible
16 children with special health care needs, and children
17 participating in the Florida Kidcare program.
18 Section 19. Subsection (2) of section 391.029, Florida
19 Statutes, is amended to read:
20 391.029 Program eligibility.--
21 (2) The following individuals are financially eligible
22 to receive services through for the program:
23 (a) A high-risk pregnant female who is eligible for
24 Medicaid.
25 (b) Children A child with special health care needs
26 from birth to age 21 years who are is eligible for Medicaid.
27 (c) Children A child with special health care needs
28 from birth to age 19 years who are is eligible for a program
29 under Title XXI of the Social Security Act.
30
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (3) Subject to the availability of funds, the
2 following individuals may receive services through the
3 program:
4 (a)(d) Children A child with special health care needs
5 from birth to age 21 years whose family income is above
6 financial eligibility requirements under Title XXI of the
7 Social Security Act and whose projected annual cost of care
8 adjusts the family income to Medicaid financial criteria. In
9 cases where the family income is adjusted based on a projected
10 annual cost of care, the family shall participate financially
11 in the cost of care based on criteria established by the
12 department.
13 (b)(e) Children A child with special health care needs
14 from birth to 21 years of age, as provided defined in Title V
15 of the Social Security Act relating to children with special
16 health care needs.
17
18 The department may continue to serve certain children with
19 special health care needs who are 21 years of age or older and
20 who were receiving services from the program prior to April 1,
21 1998. Such children may be served by the department until
22 July 1, 2000.
23 Section 20. Subsection (4) is added to section
24 391.035, Florida Statutes, to read:
25 391.035 Provider qualifications.--
26 (4) Notwithstanding any other provision of law, the
27 department may contract with health care providers licensed in
28 another state to provide health services to participants in
29 the Children's Medical Services program when necessary due to
30 an emergency, the availability of specialty services, or a
31 greater convenience to the participant for receiving timely
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 and effective health care services. The department may adopt
2 rules to administer this subsection.
3 Section 21. Subsection (4) is added to section
4 391.055, Florida Statutes, to read:
5 391.055 Service delivery systems.--
6 (4) If a newborn has a presumptively abnormal
7 screening result for metabolic or other hereditary and
8 congenital disorders which is identified through the newborn
9 screening program pursuant to s. 383.14, the newborn shall be
10 referred to the Children's Medical Services network for
11 confirmatory testing, medical management, or medical referral.
12 Section 22. Section 391.309, Florida Statutes, is
13 created to read:
14 391.309 Florida Infants and Toddlers Early
15 Intervention Program.--The Department of Health may implement
16 and administer Part C of the federal Individuals with
17 Disabilities Education Act (IDEA), which shall be known as the
18 Florida Infants and Toddlers Early Intervention Program.
19 (1) The department, jointly with the Department of
20 Education, shall annually prepare a grant application to the
21 United States Department of Education for funding early
22 intervention services for infants and toddlers with
23 disabilities, ages birth through 36 months, and their families
24 pursuant to Part C of the federal Individuals with
25 Disabilities Education Act.
26 (2) The department shall ensure that no early
27 intervention provider participating in the program provides
28 both core and required services without a waiver from the
29 Deputy Secretary for Children's Medical Services or his or her
30 designee, as expressed in the contract between the department
31 and the provider. For purposes of this section, "core"
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 services are limited to child find and referral services,
2 family support planning, service coordination, and
3 multidisciplinary evaluation.
4 Section 23. Section 394.9151, Florida Statutes, is
5 amended to read:
6 394.9151 Contract authority.--The Department of
7 Children and Family Services may contract with a private
8 entity or state agency for use of and operation of facilities
9 to comply with the requirements of this act. The department of
10 Children and Family Services may also contract with the
11 Correctional Privatization Commission as defined in chapter
12 957 to issue a request for proposals and monitor contract
13 compliance for these services. The department may enter into
14 an agreement or may contract with the Correctional Medical
15 Authority, as defined in chapter 945, to conduct surveys of
16 medical services and to provide medical quality assurance and
17 improvement assistance at secure confinement and treatment
18 facilities for persons confined under this chapter.
19 Section 24. Subsection (2) of section 395.404, Florida
20 Statutes, is amended to read:
21 395.404 Review of trauma registry data;
22 confidentiality and limited release.--
23 (2) Notwithstanding the provisions of s. 381.74, each
24 trauma center and acute care hospital shall submit severe
25 disability and head-injury registry data to the department as
26 provided by rule. Each trauma center and acute care hospital
27 shall continue to provide initial notification of any person
28 who has a moderate-to-severe brain or spinal cord injury
29 persons who have severe disabilities and head injuries to the
30 brain and spinal cord injury central registry of the
31 Department of Health within timeframes provided in s. 381.74
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 chapter 413. Such initial notification shall be made in the
2 manner prescribed by the Department of Health for the purpose
3 of providing timely vocational rehabilitation and transitional
4 services to an individual who sustains traumatic
5 moderate-to-severe brain or spinal cord injury to enable such
6 individual to return to his or her community services to the
7 severely disabled or head-injured person.
8 Section 25. Subsection (2) of section 401.113, Florida
9 Statutes, is amended to read:
10 401.113 Department; powers and duties.--
11 (2)(a) The department shall annually dispense funds
12 contained in the Emergency Medical Services Trust Fund as
13 follows:
14 1.(a) Forty-five percent of such moneys must be
15 divided among the counties according to the proportion of the
16 combined amount deposited in the trust fund from the county.
17 These funds may not be used to match grant funds as identified
18 in subparagraph 2 paragraph (b). An individual board of county
19 commissioners may distribute these funds to emergency medical
20 service organizations within the county, as it deems
21 appropriate.
22 2.(b) Forty percent of such moneys must be used by the
23 department for making matching grants to local agencies,
24 municipalities, and emergency medical services organizations
25 for the purpose of conducting research, increasing existing
26 levels of emergency medical services, evaluation, community
27 education, injury prevention programs, and training in
28 cardiopulmonary resuscitation and other lifesaving and first
29 aid techniques.
30 a.1. At least 90 percent of these moneys must be made
31 available on a cash matching basis. A grant made under this
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 subparagraph must be contingent upon the recipient providing a
2 cash sum equal to 25 percent of the total department-approved
3 grant amount.
4 b.2. No more than 10 percent of these moneys must be
5 made available to rural emergency medical services, and
6 notwithstanding the restrictions specified in subsection (1),
7 these moneys may be used for improvement, expansion, or
8 continuation of services provided. A grant made under this
9 subparagraph must be contingent upon the recipient providing a
10 cash sum equal to no more than 10 percent of the total
11 department-approved grant amount.
12
13 The department shall develop procedures and standards for
14 grant disbursement under this paragraph based on the need for
15 emergency medical services, the requirements of the population
16 to be served, and the objectives of the state emergency
17 medical services plan.
18 3.(c) Fifteen percent of such moneys must be used by
19 the department for capital equipment outlay, personnel,
20 community education, evaluation, and other costs associated
21 with the administration of this chapter. Any moneys not
22 annually used for this purpose must be used for making
23 additional rural grant funds available.
24 (b) Notwithstanding any other law to the contrary, any
25 interest generated from grant funds may be expended by the
26 grantee on the budget items approved by the department.
27 Grantees receiving funds, which require a match, may not
28 expend interest funds until all match requirements have been
29 satisfied. Such grantees shall return to the department any
30 interest and grant funds not expended at the conclusion of the
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 grant period. All such returned funds shall be used by the
2 department for additional matching grant awards.
3 Section 26. Section 401.211, Florida Statutes, is
4 amended to read:
5 401.211 Legislative intent.--The Legislature
6 recognizes that the systematic provision of emergency medical
7 services saves lives and reduces disability associated with
8 illness and injury. In addition, that system of care must be
9 equally capable of assessing, treating, and transporting
10 children, adults, and frail elderly persons. Further, it is
11 the intent of the Legislature to encourage the development and
12 maintenance of emergency medical services because such
13 services are essential to the health and well-being of all
14 citizens of the state. The Legislature also recognizes that
15 the establishment of a statewide comprehensive injury
16 prevention program supports state and community health systems
17 by further enhancing the total delivery system of emergency
18 medical services and reduces injuries for all persons. The
19 purpose of this part is to protect and enhance the public
20 health, welfare, and safety through the establishment of an
21 emergency medical services state plan, an advisory council, a
22 comprehensive statewide injury prevention and control program,
23 minimum standards for emergency medical services personnel,
24 vehicles, services and medical direction, and the
25 establishment of a statewide inspection program created to
26 monitor the quality of patient care delivered by each licensed
27 service and appropriately certified personnel.
28 Section 27. Section 401.243, Florida Statutes, is
29 created to read:
30 401.243 Injury prevention and control.--The injury
31 prevention and control program is responsible for the
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 statewide coordination and expansion of injury prevention and
2 control activities. The duties of the department may include,
3 but not be limited to, data collection, surveillance,
4 education, and the promotion of interventions. The department
5 may:
6 (1) Assist county health departments and community and
7 other state agencies by serving as a focal point for injury
8 prevention expertise and guidance.
9 (2) Seek, receive, and expend any funds received
10 through appropriations, grants, donations, or contributions
11 from public or private sources for program purposes.
12 (3) Adopt rules related to the activities of the
13 program, including, but not limited to, those needed for
14 implementation of injury prevention and control activities,
15 data collection, surveillance, education, promotion of
16 interventions, and for assistance to other entities.
17 (4) Develop, and revise as necessary, a comprehensive
18 state plan for injury prevention and control.
19 Section 28. Subsections (3), (4), (5), and (13) of
20 section 401.27, Florida Statutes, are amended, and subsection
21 (14) is added to that section, to read:
22 401.27 Personnel; standards and certification.--
23 (3) Any person who desires to be certified or
24 recertified as an emergency medical technician or paramedic
25 must apply to the department under oath on forms provided by
26 the department which shall contain such information as the
27 department reasonably requires, which may include affirmative
28 evidence of ability to comply with applicable laws and rules.
29 The department may accept electronically submitted
30 applications. If an application is submitted electronically,
31 the department may require supplemental materials, including
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 an original signature of the applicant and documentation
2 verifying eligibility for certification to be submitted in a
3 nonelectronic format. The department shall determine whether
4 the applicant meets the requirements specified in this section
5 and in rules of the department and shall issue a certificate
6 to any person who meets such requirements.
7 (4) An applicant for certification or recertification
8 as an emergency medical technician or paramedic must:
9 (a) Have completed an appropriate training course as
10 follows:
11 1. For an emergency medical technician, an emergency
12 medical technician training course equivalent to the most
13 recent emergency medical technician basic training course of
14 the United States Department of Transportation as approved by
15 the department;
16 2. For a paramedic, a paramedic training program
17 equivalent to the most recent paramedic course of the United
18 States Department of Transportation as approved by the
19 department;
20 (b) Certify under oath that he or she is not addicted
21 to alcohol or any controlled substance;
22 (c) Certify under oath that he or she is free from any
23 physical or mental defect or disease that might impair the
24 applicant's ability to perform his or her duties;
25 (d) Within 1 year after course completion have passed
26 an examination developed or required by the department;
27 (e)1. For an emergency medical technician, hold either
28 a current American Heart Association cardiopulmonary
29 resuscitation course card or an American Red Cross
30 cardiopulmonary resuscitation course card or its equivalent as
31 defined by department rule;
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 2. For a paramedic, hold a certificate of successful
2 course completion in advanced cardiac life support from the
3 American Heart Association or its equivalent as defined by
4 department rule;
5 (f) Submit the certification fee and the nonrefundable
6 examination fee prescribed in s. 401.34, which examination fee
7 will be required for each examination administered to an
8 applicant; and
9 (g) Submit a completed application to the department,
10 which application documents compliance with paragraphs (a),
11 (b), (c), (e), (f), (g), and, if applicable, (d). The
12 application must be submitted so as to be received by the
13 department at least 30 calendar days before the next regularly
14 scheduled examination for which the applicant desires to be
15 scheduled.
16 (5) The certification examination must be offered
17 monthly. The department shall issue an examination admission
18 notice to the applicant advising him or her of the time and
19 place of the examination for which he or she is scheduled.
20 Individuals achieving a passing score on the certification
21 examination may be issued a temporary certificate with their
22 examination grade report. The department must issue an
23 original certification within 45 days after the examination.
24 Examination questions and answers are not subject to discovery
25 but may be introduced into evidence and considered only in
26 camera in any administrative proceeding under chapter 120. If
27 an administrative hearing is held, the department shall
28 provide challenged examination questions and answers to the
29 administrative law judge. The department shall establish by
30 rule the procedure by which an applicant, and the applicant's
31
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 attorney, may review examination questions and answers in
2 accordance with s. 119.07(3)(a).
3 (13) The department shall adopt a standard state
4 insignia for emergency medical technicians and paramedics. The
5 department shall establish by rule the requirements to display
6 the state emergency medical technician and paramedic insignia.
7 The rules may not require a person to wear the standard
8 insignia but must require that If a person wears any insignia
9 that identifies the person as a certified emergency medical
10 technician or paramedic in this state, the insignia must be
11 the standard state insignia adopted under this section. The
12 insignia must denote the individual's level of certification
13 at which he or she is functioning.
14 (14)(a) An applicant for initial certification under
15 this section must submit information and a set of fingerprints
16 to the Department of Health on a form and under procedures
17 specified by the department, along with payment in an amount
18 equal to the costs incurred by the Department of Health for a
19 a statewide criminal history check and a national criminal
20 history check of the applicant.
21 (b) An applicant for renewed certification who has not
22 previously submitted a set of fingerprints to the Department
23 of Health must submit information required to perform a
24 statewide criminal background check and a set of fingerprints
25 to the department for a national criminal history check as a
26 condition of the initial renewal of his or her certificate
27 after July 1, 2003. The applicant must submit the fingerprints
28 on a form and under procedures specified by the department for
29 a national criminal history check, along with payment in an
30 amount equal to the costs incurred by the department. For
31 subsequent renewals, the department shall, by rule, adopt an
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 application form that includes a sworn oath or affirmation
2 attesting to the existence of any criminal convictions,
3 regardless of plea or adjudication, which have occurred since
4 the previous certification. If there has been a criminal
5 conviction, the provisions of this subsection shall apply. The
6 department shall notify current certificateholders of their
7 requirement to undergo a criminal history background screening
8 sufficiently in advance of the 2004 biennial expiration for
9 the certificateholder to provide the required information
10 prior to submission of the renewal certification application.
11 Eligibility for renewal may not be denied by the department
12 for the first renewal application subsequent to enactment of
13 this subsection for delays created in obtaining the criminal
14 history from the Department of Law Enforcement, the Federal
15 Bureau of Investigation, or the Division of State Fire Marshal
16 if the applicant has submitted the required criminal
17 background screening information or affidavit and fees with
18 the renewal certification application.
19 (c) Pursuant to the requirements of s. 120.60,
20 applications for certification must be processed within 90
21 days after receipt of a completed application. Applications
22 for certification are not complete until the criminal history
23 and certified copies of all court documents for those
24 applications with prior criminal convictions, pursuant to this
25 section, have been received by the department.
26 (d) The department shall submit the fingerprints and
27 information required for a statewide criminal history check to
28 the Department of Law Enforcement, and the Department of Law
29 Enforcement shall forward the fingerprints to the Federal
30 Bureau of Investigation for a national criminal history check
31 of the applicant.
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (e) If an applicant has undergone a criminal history
2 check as a condition of employment or certification as a
3 firefighter under s. 633.34, the Division of State Fire
4 Marshal of the Department of Financial Services shall provide
5 the criminal history information regarding the applicant
6 seeking certification or renewal of certification under this
7 section to the department. Any applicant for initial
8 certification or renewal of certification who has already
9 submitted a set of fingerprints and information to the
10 Division of State Fire Marshal of the Department of Financial
11 Services for the criminal history check required for
12 employment and certification of firefighters under s. 633.34
13 within 2 years prior to application under this section is not
14 required to provide to the department a subsequent set of
15 fingerprints or other duplicate information required for a
16 criminal history check if the applicant submits an affidavit
17 in a form prescribed by the department attesting that he or
18 she has been a state resident for the previous 2 years.
19 (f) Notwithstanding the grounds for certification
20 denial outlined in s. 401.411, an applicant must not have been
21 found guilty of, regardless of plea or adjudication, any
22 offense prohibited under any of the following provisions of
23 the Florida Statutes or under any similar statute of another
24 jurisdiction:
25 1. Section 415.111, relating to abuse, neglect, or
26 exploitation of a vulnerable adult.
27 2. Section 782.04, relating to murder.
28 3. Section 782.07, relating to manslaughter,
29 aggravated manslaughter of an elderly person or disabled
30 adult, or aggravated manslaughter of a child.
31 4. Section 782.071, relating to vehicular homicide.
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 5. Section 782.09, relating to killing of an unborn
2 child by injury to the mother.
3 6. Section 784.011, relating to assault, if the victim
4 of the offense was a minor.
5 7. Section 784.021, relating to aggravated assault.
6 8. Section 784.03, relating to battery, if the victim
7 of the offense was a minor.
8 9. Section 784.045, relating to aggravated battery.
9 10. Section 784.01, relating to kidnapping.
10 11. Section 787.02, relating to false imprisonment.
11 12. Section 794.011, relating to sexual battery.
12 13. Former s. 794.041, relating to prohibited acts of
13 persons in familial or custodial authority.
14 14. Chapter 796, relating to prostitution.
15 15. Section 798.02, relating to lewd and lascivious
16 behavior.
17 16. Chapter 800, relating to lewdness and indecent
18 exposure.
19 17. Section 806.01, relating to arson.
20 18. Chapter 812, relating to theft, robbery, and
21 related crimes, only if the offense was a felony.
22 19. Section 817.563, relating to fraudulent sale of
23 controlled substances, only if the offense was a felony.
24 20. Section 825.102, relating to abuse, aggravated
25 abuse, or neglect of an elderly person or disabled adult.
26 21. Section 825.1025, relating to lewd or lascivious
27 offenses committed upon or in the presence of an elderly
28 person or disabled adult.
29 22. Section 825.103, relating to exploitation of an
30 elderly person or disabled adult, if the offense was a felony.
31 23. Section 826.04, relating to incest.
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 24. Section 827.03, relating to child abuse,
2 aggravated child abuse, or neglect of a child.
3 25. Section 827.04, relating to contributing to the
4 delinquency or dependency of a child.
5 26. Former s. 827.05, relating to negligent treatment
6 of children.
7 27. Section 827.071, relating to sexual performance by
8 a child.
9 28. Chapter 847, relating to obscene literature.
10 29. Chapter 893, relating to drug abuse prevention and
11 control, only if the offense was a felony or if any other
12 person involved in the offense was a minor.
13 30. An act that constitutes domestic violence, as
14 defined in s. 741.28.
15 (g) The department may grant to any applicant who
16 would otherwise be denied certification or recertification
17 under this subsection an exemption from that denial for:
18 1. Felonies committed more than 3 years prior to the
19 date of disqualification;
20 2. Misdemeanors prohibited under any of the Florida
21 Statutes cited in this subsection or under similar statutes of
22 other jurisdictions;
23 3. Offenses that were felonies when committed but that
24 are now misdemeanors;
25 4. Findings of delinquency; or
26 5. Commissions of acts of domestic violence as defined
27 in s. 741.28.
28 (h) For the department to grant an exemption to any
29 applicant under this section, the applicant must demonstrate
30 by clear and convincing evidence that the applicant should not
31 be disqualified from certification or renewed certification.
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Applicants seeking an exemption have the burden of setting
2 forth sufficient evidence of rehabilitation, including, but
3 not limited to, the circumstances surrounding the criminal
4 incident for which an exemption is sought, the time period
5 that has elapsed since the incident, the nature of the harm
6 caused to the victim, and the history of the applicant since
7 the incident, or any other evidence or circumstances
8 indicating that the applicant will not present a danger if the
9 certification or renewed certification is granted. To make the
10 necessary demonstration, the applicant must request an
11 exemption and submit the required information supporting that
12 request at the time of application so that the department may
13 make a determination in accordance with this section.
14 (i) Denial of certification or renewed certification
15 under paragraph (f) may not be removed from, nor may an
16 exemption be granted to, any applicant who is found guilty of,
17 regardless of plea or adjudication, any felony covered by
18 paragraph (f) solely by reason of any pardon, executive
19 clemency, or restoration of civil rights.
20 (k) If an applicant has undergone a criminal history
21 check as a condition of employment or licensing under any
22 Florida Statute within 2 years prior to application under this
23 section, the applicant may submit a copy of the official
24 Florida criminal history record or national criminal history
25 record produced under that requirement in lieu of the
26 fingerprint card required in paragraphs (a) and (b). The
27 department shall determine if the submission meets its
28 requirements, and, if not, the applicant shall be required to
29 comply with the provisions of this section. The department may
30 share criminal history background information with local,
31
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 state, and federal agencies for purposes of licensing or
2 employment background checks.
3 Section 29. Subsection (6) is added to section
4 401.2701, Florida Statutes, to read:
5 401.2701 Emergency medical services training
6 programs.--
7 (6) Training programs approved by the department
8 shall, at initiation of an emergency medical technician or
9 paramedic course, advise students of the certification and
10 regulatory requirements of this chapter, including, but not
11 limited to, the criminal history background screening
12 requirement for initial and renewal certification under s.
13 401.27. The department shall prescribe by rule the required
14 content of this component of the course.
15 Section 30. Subsection (2) of section 401.2715,
16 Florida Statutes, is amended to read:
17 401.2715 Recertification training of emergency medical
18 technicians and paramedics.--
19 (2) Any individual, institution, school, corporation,
20 or governmental entity may conduct emergency medical
21 technician or paramedic recertification training upon
22 application to the department and payment of a nonrefundable
23 fee to be deposited into the Emergency Medical Services Trust
24 Fund. Institutions conducting department-approved educational
25 programs as provided in this chapter and licensed ambulance
26 services are exempt from the application process and payment
27 of fees. The department shall adopt rules for the application
28 and payment of a fee not to exceed the actual cost of
29 administering this approval process. Upon application, the
30 department shall recognize any entity in this state which has
31 approval from the Continuing Education Coordinating Board for
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Emergency Medical Services for courses in cardiopulmonary
2 resuscitation or advanced cardiac life support for
3 equivalency.
4 Section 31. Subsection (4) of section 404.056, Florida
5 Statutes, is amended to read:
6 404.056 Environmental radiation standards and
7 projects; certification of persons performing measurement or
8 mitigation services; mandatory testing; notification on real
9 estate documents; rules.--
10 (4) MANDATORY TESTING.--All public and private school
11 buildings or school sites housing students in kindergarten
12 through grade 12; all state-owned, state-operated,
13 state-regulated, or state-licensed 24-hour care facilities;
14 and all state-licensed day care centers for children or minors
15 which are located in counties designated within the Department
16 of Community Affairs' Florida Radon Protection Map Categories
17 as "Intermediate" or "Elevated Radon Potential" shall be
18 measured to determine the level of indoor radon, using
19 measurement procedures established by the department. Initial
20 measurements Testing shall be performed completed within the
21 first year of construction in 20 percent of the habitable
22 first floor spaces within any of the regulated buildings.
23 Initial measurements shall be completed and reported to the
24 department within 1 by July 1 of the year after the date the
25 building is opened for occupancy or within 1 year after
26 license approval for an entity residing in an existing
27 building. Followup testing must be completed in 5 percent of
28 the habitable first floor spaces within any of the regulated
29 buildings after the building has been occupied for 5 years,
30 and results must be reported to the department by the first
31 day July 1 of the 6th 5th year of occupancy. After radon
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 measurements have been made twice, regulated buildings need
2 not undergo further testing unless significant structural
3 changes occur. No funds collected pursuant to s. 553.721 shall
4 be used to carry out the provisions of this subsection.
5 Section 32. Subsection (5) of section 409.814, Florida
6 Statutes, is amended to read:
7 409.814 Eligibility.--A child whose family income is
8 equal to or below 200 percent of the federal poverty level is
9 eligible for the Florida Kidcare program as provided in this
10 section. In determining the eligibility of such a child, an
11 assets test is not required. An applicant under 19 years of
12 age who, based on a complete application, appears to be
13 eligible for the Medicaid component of the Florida Kidcare
14 program is presumed eligible for coverage under Medicaid,
15 subject to federal rules. A child who has been deemed
16 presumptively eligible for Medicaid shall not be enrolled in a
17 managed care plan until the child's full eligibility
18 determination for Medicaid has been completed. The Florida
19 Healthy Kids Corporation may, subject to compliance with
20 applicable requirements of the Agency for Health Care
21 Administration and the Department of Children and Family
22 Services, be designated as an entity to conduct presumptive
23 eligibility determinations. An applicant under 19 years of age
24 who, based on a complete application, appears to be eligible
25 for the Medikids, Florida Healthy Kids, or Children's Medical
26 Services network program component, who is screened as
27 ineligible for Medicaid and prior to the monthly verification
28 of the applicant's enrollment in Medicaid or of eligibility
29 for coverage under the state employee health benefit plan, may
30 be enrolled in and begin receiving coverage from the
31 appropriate program component on the first day of the month
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 following the receipt of a completed application. For
2 enrollment in the Children's Medical Services network, a
3 complete application includes the medical or behavioral health
4 screening. If, after verification, an individual is determined
5 to be ineligible for coverage, he or she must be disenrolled
6 from the respective Title XXI-funded Kidcare program
7 component.
8 (5) A child whose family income is above 200 percent
9 of the federal poverty level or a child who is excluded under
10 the provisions of subsection (4) may participate in the
11 Florida Healthy Kids program or the Medikids program, Kidcare
12 program, excluding the Medicaid program, but is subject to the
13 following provisions:
14 (a) The family is not eligible for premium assistance
15 payments and must pay the full cost of the premium, including
16 any administrative costs.
17 (b) The agency is authorized to place limits on
18 enrollment in Medikids by these children in order to avoid
19 adverse selection. The number of children participating in
20 Medikids whose family income exceeds 200 percent of the
21 federal poverty level must not exceed 10 percent of total
22 enrollees in the Medikids program.
23 (c) The board of directors of the Florida Healthy Kids
24 Corporation is authorized to place limits on enrollment of
25 these children in order to avoid adverse selection. In
26 addition, the board is authorized to offer a reduced benefit
27 package to these children in order to limit program costs for
28 such families. The number of children participating in the
29 Florida Healthy Kids program whose family income exceeds 200
30 percent of the federal poverty level must not exceed 10
31
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 percent of total enrollees in the Florida Healthy Kids
2 program.
3 (d) Children described in this subsection are not
4 counted in the annual enrollment ceiling for the Florida
5 Kidcare program.
6 Section 33. Section 409.91188, Florida Statutes, is
7 amended to read:
8 409.91188 Specialty prepaid health plans for Medicaid
9 recipients with HIV or AIDS.--
10 (1) The Agency for Health Care Administration shall
11 issue a request for proposal or intent to implement a is
12 authorized to contract with specialty prepaid health plans
13 authorized pursuant to subsection (2) of this section and to
14 pay them on a prepaid capitated basis to provide Medicaid
15 benefits to Medicaid-eligible recipients who have human
16 immunodeficiency syndrome (HIV) or acquired immunodeficiency
17 syndrome (AIDS). The agency shall apply for or amend existing
18 applications for and is authorized to implement federal
19 waivers or other necessary federal authorization to implement
20 the prepaid health plans authorized by this section. The
21 agency shall procure the specialty prepaid health plans
22 through a competitive procurement. In awarding a contract to a
23 managed care plan, the agency shall take into account price,
24 quality, accessibility, linkages to community-based
25 organizations, and the comprehensiveness of the benefit
26 package offered by the plan. The agency may bid the HIV/AIDS
27 specialty plans on a county, regional, or statewide basis.
28 Qualified plans must be licensed under chapter 641. The agency
29 shall monitor and evaluate the implementation of this waiver
30 program if it is approved by the Federal Government and shall
31 report on its status to the President of the Senate and the
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Speaker of the House of Representatives by February 1, 2001.
2 To improve coordination of medical care delivery and to
3 increase cost efficiency for the Medicaid program in treating
4 HIV disease, the Agency for Health Care Administration shall
5 seek all necessary federal waivers to allow participation in
6 the Medipass HIV disease management program for Medicare
7 beneficiaries who test positive for HIV infection and who also
8 qualify for Medicaid benefits such as prescription medications
9 not covered by Medicare.
10 (2) The agency may contract with any public or private
11 entity authorized by this section on a prepaid or fixed-sum
12 basis for the provision of health care services to recipients.
13 An entity may provide prepaid services to recipients, either
14 directly or through arrangements with other entities. Each
15 entity shall:
16 (a) Be organized primarily for the purpose of
17 providing health care or other services of the type regularly
18 offered to Medicaid recipients in compliance with federal
19 laws.
20 (b) Ensure that services meet the standards set by the
21 agency for quality, appropriateness, and timeliness.
22 (c) Make provisions satisfactory to the agency for
23 insolvency protection and ensure that neither enrolled
24 Medicaid recipients nor the agency is liable for the debts of
25 the entity.
26 (d) Provide to the agency a financial plan that
27 ensures fiscal soundness and that may include provisions
28 pursuant to which the entity and the agency share in the risk
29 of providing health care services. The contractual arrangement
30 between an entity and the agency shall provide for risk
31 sharing. The agency may bear the cost of providing certain
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 services when those costs exceed established risk limits or
2 arrangements whereby certain services are specifically
3 excluded under the terms of the contract between an entity and
4 the agency.
5 (e) Provide, through contract or otherwise, for
6 periodic review of its medical facilities and services, as
7 required by the agency.
8 (f) Furnish evidence satisfactory to the agency of
9 adequate liability insurance coverage or an adequate plan of
10 self-insurance to respond to claims for injuries arising out
11 of the furnishing of health care.
12 (g) Provides organizational, operational, financial,
13 and other information required by the agency.
14 Section 34. Paragraph (dd) is added to subsection (1)
15 of section 456.072, Florida Statutes, to read:
16 456.072 Grounds for discipline; penalties;
17 enforcement.--
18 (1) The following acts shall constitute grounds for
19 which the disciplinary actions specified in subsection (2) may
20 be taken:
21 (dd) Being terminated from an impaired practitioner
22 program that is overseen by an impaired practitioner
23 consultant as described in s. 456.076 for failure to comply
24 with the terms of the monitoring or treatment contract entered
25 into by the licensee without good cause.
26 Section 35. Subsection (7) of section 456.025, Florida
27 Statutes, is amended to read:
28 456.025 Fees; receipts; disposition.--
29 (7) Each board, or the department if there is no
30 board, shall establish, by rule, a fee not to exceed $250 for
31 anyone seeking approval to provide continuing education
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 courses or programs and shall establish by rule a biennial
2 renewal fee not to exceed $250 for the renewal of providership
3 of such courses. The fees collected from continuing education
4 providers shall be used for the purposes of reviewing course
5 provider applications, monitoring the integrity of the courses
6 provided, and covering legal expenses incurred as a result of
7 not granting or renewing a providership, and developing and
8 maintaining an electronic continuing education tracking
9 system. The department shall implement an electronic
10 continuing education tracking system for each new biennial
11 renewal cycle for which electronic renewals are implemented
12 after the effective date of this act and shall integrate such
13 system into the licensure and renewal system. All approved
14 continuing education providers shall provide information on
15 course attendance to the department necessary to implement the
16 electronic tracking system. The department shall, by rule,
17 specify the form and procedures by which the information is to
18 be submitted.
19 Section 36. Section 456.055, Florida Statutes, is
20 amended to read:
21 456.055 Chiropractic and podiatric health care; denial
22 of payment; limitation.--
23 (1) A chiropractic physician licensed under chapter
24 460 or a podiatric physician licensed under chapter 461 shall
25 not be denied payment for treatment rendered solely on the
26 basis that the chiropractic physician or podiatric physician
27 is not a member of a particular preferred provider
28 organization or exclusive provider organization which is
29 composed only of physicians licensed under the same chapter.
30 (2) A claim for payment of a service performed by a
31 health care provider licensed in this state, identified on the
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 claim by a Physicians' Current Procedural Terminology (CPT)
2 code, and submitted under a health insurance policy or health
3 care services plan or submitted to a preferred provider
4 organization, exclusive provider organization, or health
5 maintenance organization in which the health care provider
6 participates, shall be paid in the same amount to all health
7 care providers submitting a claim for payment of a service
8 identified by the same CPT code, regardless of the chapter
9 under which the health care provider is licensed.
10 (3) The provisions of this section may not be waived,
11 voided, or nullified by contract.
12 Section 37. Paragraph (d) of subsection (1) of section
13 460.406, Florida Statutes, is amended to read:
14 460.406 Licensure by examination.--
15 (1) Any person desiring to be licensed as a
16 chiropractic physician shall apply to the department to take
17 the licensure examination. There shall be an application fee
18 set by the board not to exceed $100 which shall be
19 nonrefundable. There shall also be an examination fee not to
20 exceed $500 plus the actual per applicant cost to the
21 department for purchase of portions of the examination from
22 the National Board of Chiropractic Examiners or a similar
23 national organization, which may be refundable if the
24 applicant is found ineligible to take the examination. The
25 department shall examine each applicant who the board
26 certifies has:
27 (d)1. For an applicant who has matriculated in a
28 chiropractic college prior to July 2, 1990, completed at least
29 2 years of residence college work, consisting of a minimum of
30 one-half the work acceptable for a bachelor's degree granted
31 on the basis of a 4-year period of study, in a college or
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 university accredited by an accrediting agency recognized and
2 approved by the United States Department of Education.
3 However, prior to being certified by the board to sit for the
4 examination, each applicant who has matriculated in a
5 chiropractic college after July 1, 1990, shall have been
6 granted a bachelor's degree, based upon 4 academic years of
7 study, by a college or university accredited by a regional
8 accrediting agency which is recognized and approved by the
9 Council for Higher Education Accreditation or the United
10 States Department of Education a member of the Commission on
11 Recognition of Postsecondary Accreditation.
12 2. Effective July 1, 2000, completed, prior to
13 matriculation in a chiropractic college, at least 3 years of
14 residence college work, consisting of a minimum of 90 semester
15 hours leading to a bachelor's degree in a liberal arts college
16 or university accredited by an accrediting agency recognized
17 and approved by the United States Department of Education.
18 However, prior to being certified by the board to sit for the
19 examination, each applicant who has matriculated in a
20 chiropractic college after July 1, 2000, shall have been
21 granted a bachelor's degree from an institution holding
22 accreditation for that degree from a regional accrediting
23 agency which is recognized by the United States Department of
24 Education. The applicant's chiropractic degree must consist
25 of credits earned in the chiropractic program and may not
26 include academic credit for courses from the bachelor's
27 degree.
28 Section 38. Paragraph (b) of subsection (1) of section
29 463.006, Florida Statutes, is amended to read:
30 463.006 Licensure and certification by examination.--
31
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (1) Any person desiring to be a licensed practitioner
2 pursuant to this chapter shall apply to the department to take
3 the licensure and certification examinations. The department
4 shall examine each applicant who the board determines has:
5 (b) Submitted proof satisfactory to the department
6 that she or he:
7 1. Is at least 18 years of age.
8 2. Has graduated from an accredited school or college
9 of optometry approved by rule of the board.
10 3. Is of good moral character.
11 4. Has successfully completed at least 110 hours of
12 transcript-quality coursework and clinical training in general
13 and ocular pharmacology as determined by the board, at an
14 institution that:
15 a. Has facilities for both didactic and clinical
16 instructions in pharmacology; and
17 b. Is accredited by a regional or professional
18 accrediting organization that is recognized and approved by
19 the Council for Higher Education Accreditation Commission on
20 Recognition of Postsecondary Accreditation or the United
21 States Department of Education.
22 5. Has completed at least 1 year of supervised
23 experience in differential diagnosis of eye disease or
24 disorders as part of the optometric training or in a clinical
25 setting as part of the optometric experience.
26 Section 39. Subsection (8) of section 467.009, Florida
27 Statutes, is amended to read:
28 467.009 Midwifery programs; education and training
29 requirements.--
30 (8) Nonpublic educational institutions that conduct
31 approved midwifery programs shall be accredited by an
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 accrediting agency recognized and approved by the Council for
2 Higher Education Accreditation or the United States Department
3 of Education a member of the Commission on Recognition of
4 Postsecondary Accreditation and shall be licensed by the
5 Commission for Independent Education State Board of Nonpublic
6 Career Education.
7 Section 40. Paragraph (g) of subsection (3) of section
8 468.302, Florida Statutes, is amended to read:
9 468.302 Use of radiation; identification of certified
10 persons; limitations; exceptions.--
11 (3)
12 (g)1. A person holding a certificate as a nuclear
13 medicine technologist may only:
14 a. Conduct in vivo and in vitro measurements of
15 radioactivity and administer radiopharmaceuticals to human
16 beings for diagnostic and therapeutic purposes.
17 b. Administer X radiation from a combination nuclear
18 medicine-computed tomography device if that radiation is
19 administered as an integral part of a nuclear medicine
20 procedure that uses an automated computed tomography protocol
21 for the purposes of attenuation correction and anatomical
22 localization and the person has received device-specific
23 training on the combination device.
24 2. However, The authority of a nuclear medicine
25 technologist under this paragraph excludes:
26 a. Radioimmunoassay and other clinical laboratory
27 testing regulated pursuant to chapter 483.
28 b. Creating or modifying automated computed tomography
29 protocols.
30 c. Any other operation of a computed tomography
31 device, especially for the purposes of stand-alone diagnostic
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 imaging, which is regulated pursuant to the general
2 radiographic scope in this part.
3 Section 41. Subsection (2) of section 468.509, Florida
4 Statutes, is amended to read:
5 468.509 Dietitian/nutritionist; requirements for
6 licensure.--
7 (2) The agency shall examine any applicant who the
8 board certifies has completed the application form and
9 remitted the application and examination fees specified in s.
10 468.508 and who:
11 (a)1. Possesses a baccalaureate or postbaccalaureate
12 degree with a major course of study in human nutrition, food
13 and nutrition, dietetics, or food management, or an equivalent
14 major course of study, from a school or program accredited, at
15 the time of the applicant's graduation, by the appropriate
16 accrediting agency recognized by the Council for Higher
17 Education Accreditation or Commission on Recognition of
18 Postsecondary Accreditation and the United States Department
19 of Education; and
20 2. Has completed a preprofessional experience
21 component of not less than 900 hours or has education or
22 experience determined to be equivalent by the board; or
23 (b)1. Has an academic degree, from a foreign country,
24 that has been validated by an accrediting agency approved by
25 the United States Department of Education as equivalent to the
26 baccalaureate or postbaccalaureate degree conferred by a
27 regionally accredited college or university in the United
28 States;
29 2. Has completed a major course of study in human
30 nutrition, food and nutrition, dietetics, or food management;
31 and
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 3. Has completed a preprofessional experience
2 component of not less than 900 hours or has education or
3 experience determined to be equivalent by the board.
4 Section 42. Paragraph (a) of subsection (1) of section
5 468.707, Florida Statutes, is amended to read:
6 468.707 Licensure by examination; requirements.--
7 (1) Any person desiring to be licensed as an athletic
8 trainer shall apply to the department on a form approved by
9 the department.
10 (a) The department shall license each applicant who:
11 1. Has completed the application form and remitted the
12 required fees.
13 2. Is at least 21 years of age.
14 3. Has obtained a baccalaureate degree from a college
15 or university accredited by an accrediting agency recognized
16 and approved by the United States Department of Education or
17 the Council for Higher Education Accreditation or Commission
18 on Recognition of Postsecondary Accreditation approved by the
19 board.
20 4. Has completed coursework from a college or
21 university accredited by an accrediting agency recognized and
22 approved by the United States Department of Education or the
23 Council for Higher Education Accreditation Commission on
24 Recognition of Postsecondary Accreditation, or approved by the
25 board, in each of the following areas, as provided by rule:
26 health, human anatomy, kinesiology/biomechanics, human
27 physiology, physiology of exercise, basic athletic training,
28 and advanced athletic training.
29 5. Has current certification in standard first aid and
30 cardiovascular pulmonary resuscitation from the American Red
31
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Cross or an equivalent certification as determined by the
2 board.
3 6. Has, within 2 of the preceding 5 years, attained a
4 minimum of 800 hours of athletic training experience under the
5 direct supervision of a licensed athletic trainer or an
6 athletic trainer certified by the National Athletic Trainers'
7 Association or a comparable national athletic standards
8 organization.
9 7. Has passed an examination administered or approved
10 by the board.
11 Section 43. Section 486.031, Florida Statutes, is
12 amended to read:
13 486.031 Physical therapist; licensing
14 requirements.--To be eligible for licensing as a physical
15 therapist, an applicant must:
16 (1) Be at least 18 years old;
17 (2) Be of good moral character; and
18 (3)(a) Have been graduated from a school of physical
19 therapy which has been approved for the educational
20 preparation of physical therapists by the appropriate
21 accrediting agency recognized by the Council for Higher
22 Education Accreditation Commission on Recognition of
23 Postsecondary Accreditation or the United States Department of
24 Education at the time of her or his graduation and have
25 passed, to the satisfaction of the board, the American
26 Registry Examination prior to 1971 or a national examination
27 approved by the board to determine her or his fitness for
28 practice as a physical therapist as hereinafter provided;
29 (b) Have received a diploma from a program in physical
30 therapy in a foreign country and have educational credentials
31 deemed equivalent to those required for the educational
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 preparation of physical therapists in this country, as
2 recognized by the appropriate agency as identified by the
3 board, and have passed to the satisfaction of the board an
4 examination to determine her or his fitness for practice as a
5 physical therapist as hereinafter provided; or
6 (c) Be entitled to licensure without examination as
7 provided in s. 486.081.
8 Section 44. Section 486.102, Florida Statutes, is
9 amended to read:
10 486.102 Physical therapist assistant; licensing
11 requirements.--To be eligible for licensing by the board as a
12 physical therapist assistant, an applicant must:
13 (1) Be at least 18 years old;
14 (2) Be of good moral character; and
15 (3)(a) Have been graduated from a school giving a
16 course of not less than 2 years for physical therapist
17 assistants, which has been approved for the educational
18 preparation of physical therapist assistants by the
19 appropriate accrediting agency recognized by the Council for
20 Higher Education Accreditation Commission on Recognition of
21 Postsecondary Accreditation or the United States Department of
22 Education at the time of her or his graduation and have passed
23 to the satisfaction of the board an examination to determine
24 her or his fitness for practice as a physical therapist
25 assistant as hereinafter provided;
26 (b) Have been graduated from a school giving a course
27 for physical therapist assistants in a foreign country and
28 have educational credentials deemed equivalent to those
29 required for the educational preparation of physical therapist
30 assistants in this country, as recognized by the appropriate
31 agency as identified by the board, and passed to the
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 satisfaction of the board an examination to determine her or
2 his fitness for practice as a physical therapist assistant as
3 hereinafter provided; or
4 (c) Be entitled to licensure without examination as
5 provided in s. 486.107.
6 Section 45. Paragraph (a) of subsection (5) of section
7 489.553, Florida Statutes, is amended to read:
8 489.553 Administration of part; registration
9 qualifications; examination.--
10 (5) To be eligible for registration by the department
11 as a master septic tank contractor, the applicant must:
12 (a) Have been a registered septic tank contractor in
13 Florida for at least 3 years or a plumbing contractor
14 certified under part I of this chapter who has provided septic
15 tank contracting services for at least 3 years. The 3 years
16 must immediately precede the date of application and may not
17 be interrupted by any probation, suspension, or revocation
18 imposed by the licensing agency.
19 Section 46. Section 489.554, Florida Statutes, is
20 amended to read:
21 489.554 Registration renewal.--
22 (1) The department shall prescribe by rule the method
23 for approval of continuing education courses, and for renewal
24 of annual registration, for inactive status for late filing of
25 a renewal application, for allowing a contractor to hold his
26 or her registration in inactive status for a specified period,
27 and for reactivating a license.
28 (2) At a minimum, annual renewal shall include
29 continuing education requirements of not less than 6 classroom
30 hours annually for septic tank contractors and not less than
31 12 classroom hours annually for master septic tank
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 contractors. The 12 classroom hours of continuing education
2 required for master septic tank contractors may include the 6
3 classroom hours required for septic tank contractors, but at a
4 minimum must include 6 classroom hours of approved master
5 septic tank contractor coursework.
6 (3) A certificate of registration shall become
7 inactive if a renewal application is not filed in a timely
8 manner. A certificate that has become inactive may be
9 reactivated under this section by application to the
10 department. A licensed contractor may apply to the department
11 for voluntary inactive status at any time during the period of
12 registration.
13 (4) A master septic tank contractor may elect to
14 revert to registered septic tank contractor status at any time
15 during the period of registration. The department shall
16 prescribe by rule the method for a master septic tank
17 contractor whose registration has reverted to registered
18 septic tank contractor status to apply for master septic tank
19 contractor status.
20 (5) The department shall deny an application for
21 renewal if there is any outstanding administrative penalty
22 against the applicant which is final agency action and all
23 judicial reviews are exhausted.
24 Section 47. Paragraph (b) of subsection (2) of section
25 490.005, Florida Statutes, is amended to read:
26 490.005 Licensure by examination.--
27 (2) Any person desiring to be licensed as a school
28 psychologist shall apply to the department to take the
29 licensure examination. The department shall license each
30 applicant who the department certifies has:
31
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (b) Submitted satisfactory proof to the department
2 that the applicant:
3 1. Has received a doctorate, specialist, or equivalent
4 degree from a program primarily psychological in nature and
5 has completed 60 semester hours or 90 quarter hours of
6 graduate study, in areas related to school psychology as
7 defined by rule of the department, from a college or
8 university which at the time the applicant was enrolled and
9 graduated was accredited by an accrediting agency recognized
10 and approved by the Council for Higher Education Accreditation
11 or the United States Department of Education Commission on
12 Recognition of Postsecondary Accreditation or an institution
13 which is publicly recognized as a member in good standing with
14 the Association of Universities and Colleges of Canada.
15 2. Has had a minimum of 3 years of experience in
16 school psychology, 2 years of which must be supervised by an
17 individual who is a licensed school psychologist or who has
18 otherwise qualified as a school psychologist supervisor, by
19 education and experience, as set forth by rule of the
20 department. A doctoral internship may be applied toward the
21 supervision requirement.
22 3. Has passed an examination provided by the
23 department.
24 Section 48. Paragraph (b) of subsection (3) and
25 paragraph (b) of subsection (4) of section 491.005, Florida
26 Statutes, are amended to read:
27 491.005 Licensure by examination.--
28 (3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
29 documentation and payment of a fee not to exceed $200, as set
30 by board rule, plus the actual cost to the department for the
31 purchase of the examination from the Association of Marital
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 and Family Therapy Regulatory Board, or similar national
2 organization, the department shall issue a license as a
3 marriage and family therapist to an applicant who the board
4 certifies:
5 (b)1. Has a minimum of a master's degree with major
6 emphasis in marriage and family therapy, or a closely related
7 field, and has completed all of the following requirements:
8 a. Thirty-six semester hours or 48 quarter hours of
9 graduate coursework, which must include a minimum of 3
10 semester hours or 4 quarter hours of graduate-level course
11 credits in each of the following nine areas: dynamics of
12 marriage and family systems; marriage therapy and counseling
13 theory and techniques; family therapy and counseling theory
14 and techniques; individual human development theories
15 throughout the life cycle; personality theory or general
16 counseling theory and techniques; psychopathology; human
17 sexuality theory and counseling techniques; psychosocial
18 theory; and substance abuse theory and counseling techniques.
19 Courses in research, evaluation, appraisal, assessment, or
20 testing theories and procedures; thesis or dissertation work;
21 or practicums, internships, or fieldwork may not be applied
22 toward this requirement.
23 b. A minimum of one graduate-level course of 3
24 semester hours or 4 quarter hours in legal, ethical, and
25 professional standards issues in the practice of marriage and
26 family therapy or a course determined by the board to be
27 equivalent.
28 c. A minimum of one graduate-level course of 3
29 semester hours or 4 quarter hours in diagnosis, appraisal,
30 assessment, and testing for individual or interpersonal
31 disorder or dysfunction; and a minimum of one 3-semester-hour
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 or 4-quarter-hour graduate-level course in behavioral research
2 which focuses on the interpretation and application of
3 research data as it applies to clinical practice. Credit for
4 thesis or dissertation work, practicums, internships, or
5 fieldwork may not be applied toward this requirement.
6 d. A minimum of one supervised clinical practicum,
7 internship, or field experience in a marriage and family
8 counseling setting, during which the student provided 180
9 direct client contact hours of marriage and family therapy
10 services under the supervision of an individual who met the
11 requirements for supervision under paragraph (c). This
12 requirement may be met by a supervised practice experience
13 which took place outside the academic arena, but which is
14 certified as equivalent to a graduate-level practicum or
15 internship program which required a minimum of 180 direct
16 client contact hours of marriage and family therapy services
17 currently offered within an academic program of a college or
18 university accredited by an accrediting agency approved by the
19 United States Department of Education, or an institution which
20 is publicly recognized as a member in good standing with the
21 Association of Universities and Colleges of Canada or a
22 training institution accredited by the Commission on
23 Accreditation for Marriage and Family Therapy Education
24 recognized by the United States Department of Education.
25 Certification shall be required from an official of such
26 college, university, or training institution.
27 2. If the course title which appears on the
28 applicant's transcript does not clearly identify the content
29 of the coursework, the applicant shall be required to provide
30 additional documentation, including, but not limited to, a
31 syllabus or catalog description published for the course.
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1
2 The required master's degree must have been received in an
3 institution of higher education which at the time the
4 applicant graduated was: fully accredited by a regional
5 accrediting body recognized by the Council for Higher
6 Education Accreditation or the United States Department of
7 Education Commission on Recognition of Postsecondary
8 Accreditation; publicly recognized as a member in good
9 standing with the Association of Universities and Colleges of
10 Canada; or an institution of higher education located outside
11 the United States and Canada, which at the time the applicant
12 was enrolled and at the time the applicant graduated
13 maintained a standard of training substantially equivalent to
14 the standards of training of those institutions in the United
15 States which are accredited by a regional accrediting body
16 recognized by the Council for Higher Education Accreditation
17 or the United States Department of Education Commission on
18 Recognition of Postsecondary Accreditation. Such foreign
19 education and training must have been received in an
20 institution or program of higher education officially
21 recognized by the government of the country in which it is
22 located as an institution or program to train students to
23 practice as professional marriage and family therapists or
24 psychotherapists. The burden of establishing that the
25 requirements of this provision have been met shall be upon the
26 applicant, and the board shall require documentation, such as,
27 but not limited to, an evaluation by a foreign equivalency
28 determination service, as evidence that the applicant's
29 graduate degree program and education were equivalent to an
30 accredited program in this country. An applicant with a
31 master's degree from a program which did not emphasize
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 marriage and family therapy may complete the coursework
2 requirement in a training institution fully accredited by the
3 Commission on Accreditation for Marriage and Family Therapy
4 Education recognized by the United States Department of
5 Education.
6 (4) MENTAL HEALTH COUNSELING.--Upon verification of
7 documentation and payment of a fee not to exceed $200, as set
8 by board rule, plus the actual per applicant cost to the
9 department for purchase of the examination from the
10 Professional Examination Service for the National Academy of
11 Certified Clinical Mental Health Counselors or a similar
12 national organization, the department shall issue a license as
13 a mental health counselor to an applicant who the board
14 certifies:
15 (b)1. Has a minimum of an earned master's degree from
16 a mental health counseling program accredited by the Council
17 for the Accreditation of Counseling and Related Educational
18 Programs that consists of at least 60 semester hours or 80
19 quarter hours of clinical and didactic instruction, including
20 a course in human sexuality and a course in substance abuse.
21 If the master's degree is earned from a program related to the
22 practice of mental health counseling that is not accredited by
23 the Council for the Accreditation of Counseling and Related
24 Educational Programs, then the coursework and practicum,
25 internship, or fieldwork must consist of at least 60 semester
26 hours or 80 quarter hours and meet the following requirements:
27 a. Thirty-three semester hours or 44 quarter hours of
28 graduate coursework, which must include a minimum of 3
29 semester hours or 4 quarter hours of graduate-level coursework
30 in each of the following 11 content areas: counseling theories
31 and practice; human growth and development; diagnosis and
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 treatment of psychopathology; human sexuality; group theories
2 and practice; individual evaluation and assessment; career and
3 lifestyle assessment; research and program evaluation; social
4 and cultural foundations; counseling in community settings;
5 and substance abuse. Courses in research, thesis or
6 dissertation work, practicums, internships, or fieldwork may
7 not be applied toward this requirement.
8 b. A minimum of 3 semester hours or 4 quarter hours of
9 graduate-level coursework in legal, ethical, and professional
10 standards issues in the practice of mental health counseling,
11 which includes goals, objectives, and practices of
12 professional counseling organizations, codes of ethics, legal
13 considerations, standards of preparation, certifications and
14 licensing, and the role identity and professional obligations
15 of mental health counselors. Courses in research, thesis or
16 dissertation work, practicums, internships, or fieldwork may
17 not be applied toward this requirement.
18 c. The equivalent, as determined by the board, of at
19 least 1,000 hours of university-sponsored supervised clinical
20 practicum, internship, or field experience as required in the
21 accrediting standards of the Council for Accreditation of
22 Counseling and Related Educational Programs for mental health
23 counseling programs. This experience may not be used to
24 satisfy the post-master's clinical experience requirement.
25 2. If the course title which appears on the
26 applicant's transcript does not clearly identify the content
27 of the coursework, the applicant shall be required to provide
28 additional documentation, including, but not limited to, a
29 syllabus or catalog description published for the course.
30
31
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 Education and training in mental health counseling must have
2 been received in an institution of higher education which at
3 the time the applicant graduated was: fully accredited by a
4 regional accrediting body recognized by the Council for Higher
5 Education Accreditation or the United States Department of
6 Education Commission on Recognition of Postsecondary
7 Accreditation; publicly recognized as a member in good
8 standing with the Association of Universities and Colleges of
9 Canada; or an institution of higher education located outside
10 the United States and Canada, which at the time the applicant
11 was enrolled and at the time the applicant graduated
12 maintained a standard of training substantially equivalent to
13 the standards of training of those institutions in the United
14 States which are accredited by a regional accrediting body
15 recognized by the Council for Higher Education Accreditation
16 or the United States Department of Education Commission on
17 Recognition of Postsecondary Accreditation. Such foreign
18 education and training must have been received in an
19 institution or program of higher education officially
20 recognized by the government of the country in which it is
21 located as an institution or program to train students to
22 practice as mental health counselors. The burden of
23 establishing that the requirements of this provision have been
24 met shall be upon the applicant, and the board shall require
25 documentation, such as, but not limited to, an evaluation by a
26 foreign equivalency determination service, as evidence that
27 the applicant's graduate degree program and education were
28 equivalent to an accredited program in this country.
29 Section 49. Subsection (6) of section 499.003, Florida
30 Statutes, is amended to read:
31
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 499.003 Definitions of terms used in ss.
2 499.001-499.081.--As used in ss. 499.001-499.081, the term:
3 (6) "Compressed medical gas" means any liquefied or
4 vaporized gas that is classified as a prescription drug or
5 medical device, whether it is alone or in combination with
6 other gases.
7 Section 50. Subsection (2) of section 499.007, Florida
8 Statutes, is amended to read:
9 499.007 Misbranded drug or device.--A drug or device
10 is misbranded:
11 (2) Unless, if in package form, it bears a label
12 containing:
13 (a) The name and place of business of the manufacturer
14 or distributor; in addition, for a medicinal drug, as defined
15 in s. 499.003, the label must contain the name and place of
16 business of the manufacturer of the finished dosage form of
17 the drug. For the purpose of this paragraph, the finished
18 dosage form of a medicinal drug is that form of the drug which
19 is, or is intended to be, dispensed or administered to the
20 patient and requires no further manufacturing or processing
21 other than packaging, reconstitution, and labeling; and
22 (b) An accurate statement of the quantity of the
23 contents in terms of weight, measure, or numerical count;
24 however, under this section, reasonable variations are
25 permitted, and the department shall establish by rule
26 exemptions for small packages.
27
28 A drug dispensed by filling or refilling a written or oral
29 prescription of a practitioner licensed by law to prescribe
30 such drug is exempt from the requirements of this section,
31 except subsections (1), (8), (10), and (11) and the packaging
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 requirements of subsections (6) and (7), if the drug bears a
2 label that contains the name and address of the dispenser or
3 seller, the prescription number and the date the prescription
4 was written or filled, the name of the prescriber and the name
5 of the patient, and the directions for use and cautionary
6 statements. This exemption does not apply to any drug
7 dispensed in the course of the conduct of a business of
8 dispensing drugs pursuant to diagnosis by mail or to any drug
9 dispensed in violation of subsection (12). The department
10 may, by rule, exempt drugs subject to ss. 499.062-499.064 from
11 subsection (12) if compliance with that subsection is not
12 necessary to protect the public health, safety, and welfare.
13 Section 51. Paragraph (e) of subsection (1) of section
14 499.01, Florida Statutes, is amended to read:
15 499.01 Permits; applications; renewal; general
16 requirements.--
17 (1) Any person that is required under ss.
18 499.001-499.081 to have a permit must apply to the department
19 on forms furnished by the department.
20 (e) The department may not issue a permit for a
21 prescription drug manufacturer, prescription drug wholesaler,
22 or retail pharmacy wholesaler may not be issued to the address
23 of a health care entity, except as provided in this paragraph.
24 The department may issue a prescription drug manufacturer
25 permit to an applicant at the same address as a licensed
26 nuclear pharmacy that is a health care entity for the purpose
27 of manufacturing prescription drugs used in positron emission
28 tomography or other radiopharmaceuticals, as listed in a rule
29 adopted by the department pursuant to this paragraph. The
30 purpose of this exemption is to assure availability of
31 state-of-the-art pharmaceuticals that would pose a significant
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 danger to the public health if manufactured at a separate
2 establishment address other than the nuclear pharmacy from
3 which the prescription drugs are dispensed.
4 Section 52. Paragraph (b) of subsection (6) of section
5 499.0121, Florida Statutes, is amended to read:
6 499.0121 Storage and handling of prescription drugs;
7 recordkeeping.--The department shall adopt rules to implement
8 this section as necessary to protect the public health,
9 safety, and welfare. Such rules shall include, but not be
10 limited to, requirements for the storage and handling of
11 prescription drugs and for the establishment and maintenance
12 of prescription drug distribution records.
13 (6) RECORDKEEPING.--The department shall adopt rules
14 that require keeping such records of prescription drugs as are
15 necessary for the protection of the public health.
16 (b) Inventories and records must be made available for
17 inspection and photocopying by authorized federal, state, or
18 local officials for a period of 2 years following disposition
19 of the drugs or 3 years after the date the inventory or record
20 was created, whichever is longer.
21
22 For the purposes of this subsection, the term "authorized
23 distributors of record" means those distributors with whom a
24 manufacturer has established an ongoing relationship to
25 distribute the manufacturer's products.
26 Section 53. Section 501.122, Florida Statutes, is
27 transferred and renumbered as section 404.24, Florida
28 Statutes.
29 Section 54. Section 784.081, Florida Statutes, is
30 amended to read:
31
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 784.081 Assault or battery on specified officials or
2 employees; reclassification of offenses.--Whenever a person is
3 charged with committing an assault or aggravated assault or a
4 battery or aggravated battery upon any elected official or
5 employee of: a school district; a private school; the Florida
6 School for the Deaf and the Blind; a university developmental
7 research school; a state university or any other entity of the
8 state system of public education, as defined in s. 1000.04; an
9 employee or protective investigator of the Department of
10 Children and Family Services; or an employee of a lead
11 community-based provider and its direct service contract
12 providers; or an employee of the Department of Health and its
13 direct service contract providers, when the person committing
14 the offense knows or has reason to know the identity or
15 position or employment of the victim, the offense for which
16 the person is charged shall be reclassified as follows:
17 (1) In the case of aggravated battery, from a felony
18 of the second degree to a felony of the first degree.
19 (2) In the case of aggravated assault, from a felony
20 of the third degree to a felony of the second degree.
21 (3) In the case of battery, from a misdemeanor of the
22 first degree to a felony of the third degree.
23 (4) In the case of assault, from a misdemeanor of the
24 second degree to a misdemeanor of the first degree.
25 Section 55. Section 945.6038, Florida Statutes, is
26 created to read:
27 945.6038 Additional services.--The authority may enter
28 into an agreement or may contract with the Department of
29 Children and Family Services, subject to the availability of
30 funds, to conduct surveys of medical services and to provide
31 medical quality assurance and improvement assistance at secure
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 confinement and treatment facilities for persons confined
2 under part V of chapter 394. The authority may enter into
3 similar agreements with other state agencies, subject to the
4 availability of funds. The authority may not enter any such
5 agreement if to do so would impair the authority's ability to
6 fulfill its obligations under this chapter.
7 Section 56. Section 154.317, Florida Statutes, is
8 created to read:
9 154.317 County financial responsibility for trauma
10 care.--
11 (1) Notwithstanding ss. 154.301-154.316, each county
12 shall participate in supporting a regionalized system of
13 trauma care which provides reimbursement to hospitals that are
14 trauma centers, approved in accordance with s. 395.4025.
15 Financial responsibility shall be limited to uninsured or
16 underinsured inpatients with primary or secondary diagnoses of
17 DRG 484-487. For purposes of this section, the term
18 "underinsured" means insurance coverage for a person who is an
19 inpatient which is inadequate to cover the cost of that
20 patient's care.
21 (2) Payment levels may not exceed the statewide
22 average cost per trauma patient in each level of designated
23 trauma center. Initial payment rates, subject to annual
24 updates by the Agency for Health Care Administration, are:
25 (a) Level I: $14,000 per trauma patient;
26 (b) Level II: $9,000 per trauma patient; and
27 (c) Pediatric: $6,000 per trauma patient.
28 (3) Counties shall be designated as responsible for
29 payment if:
30
31
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 (a) The county of residence has unspent funds received
2 under this part at the end of the fiscal year in which the
3 hospitalization occurs.
4 (b) The responsible county is exempt based on the
5 following criteria:
6 1. The county population in the most recent United
7 States Census totals fewer than 30,000 residents and the
8 proportion of county residents with incomes below the poverty
9 level exceeds 20 percent;
10 2. The property tax rate, including special districts
11 and municipal service taxes, of the county equals or exceeds
12 10 mills; or
13 3. The responsible county is currently contributing to
14 the financial support of a regional trauma system through
15 direct funding of trauma care, tax district support for
16 hospitals in the county designated as trauma centers, or under
17 the terms of an intergovernmental agreement with other
18 counties in the trauma region or a written agreement with the
19 nearest trauma center.
20 (c) Residence in the county at the time of the
21 hospitalization is verified by:
22 1. Current active driver's license;
23 2. Mortgage, lease, or rental receipt or letter from a
24 landlord;
25 3. Water, electric, or other public utility bill in
26 the name of the patient or a family member at a residential
27 address within the county;
28 4. A state, county, or federal document mailed to the
29 patient at a residential address within the county;
30 5. Vehicle registration in the name of the patient or
31 a family member at a residential address within the county;
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for CS for SB 2738
309-2537-03
1 6. Voter registration; or
2 7. Proof of children enrolled in public schools within
3 the county.
4 (4) Each county shall pay the amount specified in this
5 section, as determined by the Agency for Health Care
6 Administration, into the Medicaid Grants and Donations Trust
7 Fund. These funds shall be used in special Medicaid payments
8 to enhance the public funds available for federal matching
9 purposes. The total special Medicaid payments funded by these
10 county payments shall be paid to state-approved trauma centers
11 and shall be distributed in accordance with the General
12 Appropriations Act or other legislation related to
13 appropriations.
14 Section 57. Section 381.85, subsection (9) of section
15 381.0098, paragraph (f) of subsection (2) of section 385.103,
16 section 385.205, section 385.209, and subsection (7) of
17 section 445.033, Florida Statutes, are repealed.
18 Section 58. This act shall take effect July 1, 2003.
19
20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 CS for Senate Bill 2738
22
23 The Committee Substitute creates a county financial
responsibility for trauma care and provides that funds are to
24 be paid into the Grants and Donations Trust Fund. The Agency
for Health Care Administration must distribute funds for
25 special Medicaid payments to state-approved trauma centers in
accordance with the General Appropriations Act or other
26 legislation.
27 Clarifies limitations on procedures that may be conducted by
nuclear medicine technologists and identifies exceptions to
28 their authority.
29
30
31
79
CODING: Words stricken are deletions; words underlined are additions.