SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Saunders moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 87, before line 1,
15
16 insert:
17 Section 62. Subsection (5) of section 17.41, Florida
18 Statutes, is amended to read:
19 17.41 Department of Banking and Finance Tobacco
20 Settlement Clearing Trust Fund.--
21 (5) The department shall disburse funds, by
22 nonoperating transfer, from the Tobacco Settlement Clearing
23 Trust Fund to the tobacco settlement trust funds of the
24 various agencies or the Biomedical Research Trust Fund in the
25 Department of Health, as appropriate, in amounts equal to the
26 annual appropriations made from those agencies' trust funds in
27 the General Appropriations Act.
28 Section 63. Paragraphs (f) and (j) of subsection (3)
29 of section 20.43, Florida Statutes, are amended, and paragraph
30 (k) is added to that section, to read:
31 20.43 Department of Health.--There is created a
1
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 Department of Health.
2 (3) The following divisions of the Department of
3 Health are established:
4 (f) Division of Emergency Medical Operations Services
5 and Community Health Resources.
6 (j) Division of Health Access Awareness and Tobacco.
7 (k) Division of Disability Determinations.
8 Section 64. Paragraph (a) of subsection (2) and
9 subsection (3) of section 154.01, Florida Statutes, are
10 amended to read:
11 154.01 County health department delivery system.--
12 (2) A functional system of county health department
13 services shall be established which shall include the
14 following three levels of service and be funded as follows:
15 (a) "Environmental health services" are those services
16 which are organized and operated to protect the health of the
17 general public by monitoring and regulating activities in the
18 environment which may contribute to the occurrence or
19 transmission of disease. Environmental health services shall
20 be supported by available federal, state, and local funds and
21 shall include those services mandated on a state or federal
22 level. Examples of environmental health services include, but
23 are not limited to, food hygiene, investigations of elevated
24 blood lead levels, safe drinking water supply, sewage and
25 solid waste disposal, swimming pools, group care facilities,
26 migrant labor camps, toxic material control, radiological
27 health, occupational health, and entomology.
28 (3) The Department of Health shall enter into
29 contracts with the several counties for the purposes of this
30 part. All contracts shall be negotiated and approved by the
31 appropriate local governing bodies and the appropriate
2
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 district administrators on behalf of the department. In
2 accordance with federal guidelines, the state may utilize
3 federal funds for county health department services. A
4 standard contract format shall be developed and used by the
5 department in contract negotiations. The contract shall
6 include the three levels of county health department services
7 outlined in subsection (2) above and shall contain a section
8 which stipulates, for the contract year:
9 (a) All revenue sources, including federal, state, and
10 local general revenue, fees, and other cash contributions,
11 which shall be used by the county health department for county
12 health department services;
13 (b) The types of services to be provided in each level
14 of service. Each participating county may expend funds for
15 federally mandated certification or recertification fees
16 related to investigations of elevated blood lead levels as
17 provided under paragraph (2)(a);
18 (c) The estimated number of clients, where applicable,
19 who will be served, by type of service;
20 (d) The estimated number of services, where
21 applicable, that will be provided, by type of service;
22 (e) The estimated number of staff positions (full-time
23 equivalent positions) who will work in each type of service
24 area; and
25 (f) The estimated expenditures for each type of
26 service and for each level of service.
27
28 The contract shall also provide for financial and service
29 reporting for each type of service according to standard
30 service and reporting procedures established by the
31 department.
3
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 Section 65. Section 216.342, Florida Statutes, is
2 created to read:
3 216.342 Disbursement of the United States Trust
4 Fund.--The United States Trust Fund may be expended by the
5 Department of Health in accordance with the budget and plans
6 agreed upon by the Social Security Administration and the
7 Department of Health for the operation of the Division of
8 Disability Determinations. The limitations on appropriations
9 provided in s. 216.262 (1) do not apply to the United States
10 Trust Fund.
11 Section 66. Subsection (12) of section 381.0011,
12 Florida Statutes, is amended to read:
13 381.0011 Duties and powers of the Department of
14 Health.--It is the duty of the Department of Health to:
15 (12) Maintain Cooperate with other departments, local
16 officials, and private organizations in developing and
17 implementing a statewide injury prevention and control
18 program.
19 Section 67. Paragraph (d) of subsection (3) of section
20 381.004, Florida Statutes, is amended to read:
21 381.004 HIV testing.--
22 (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
23 CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
24 (d) No test result shall be determined as positive,
25 and no positive test result shall be revealed to any person,
26 without corroborating or confirmatory tests being conducted
27 except in the following situations:
28 1. Preliminary test results may be released to
29 licensed physicians or the medical or nonmedical personnel
30 subject to the significant exposure for purposes of
31 subparagraphs (h)10., 11., and 12.
4
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 2. Preliminary test results may be released to health
2 care providers and to the person tested when decisions about
3 medical care or treatment of, or recommendation to, the person
4 tested and, in the case of an intrapartum or postpartum woman,
5 when care, treatment, or recommendations regarding her
6 newborn, cannot await the results of confirmatory testing.
7 Positive preliminary HIV test results shall not be
8 characterized to the patient as a diagnosis of HIV infection.
9 Justification for the use of preliminary test results must be
10 documented in the medical record by the health care provider
11 who ordered the test. This subparagraph does not authorize the
12 release of preliminary test results for the purpose of routine
13 identification of HIV-infected individuals or when HIV testing
14 is incidental to the preliminary diagnosis or care of a
15 patient. Corroborating or confirmatory testing must be
16 conducted as followup to a positive preliminary test.
17 3. A positive rapid test result is preliminary and may
18 be released in accordance with the manufacturer's
19 instructions, as approved by the United States Food and Drug
20 Administration. A positive rapid test result shall be subject
21 to confirmatory testing for purposes of diagnosis and
22 reporting of HIV infection.
23
24 Results shall be communicated to the patient according to
25 statute regardless of the outcome. Except as provided in this
26 section, test results are confidential and exempt from the
27 provisions of s. 119.07(1).
28 Section 68. Paragraph (k) of subsection (2) and
29 paragraph (j) of subsection (4) of section 381.0065, Florida
30 Statutes, are amended to read:
31 381.0065 Onsite sewage treatment and disposal systems;
5
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 regulation.--
2 (2) DEFINITIONS.--As used in ss. 381.0065-381.0067,
3 the term:
4 (k) "Permanent nontidal surface water body" means a
5 perennial stream, a perennial river, an intermittent stream, a
6 perennial lake, a submerged marsh or swamp, a submerged wooded
7 marsh or swamp, a spring, or a seep, as identified on the most
8 recent quadrangle map, 7.5 minute series (topographic),
9 produced by the United States Geological Survey, or products
10 derived from that series. "Permanent nontidal surface water
11 body" shall also mean an artificial surface water body that
12 does not have an impermeable bottom and side and that is
13 designed to hold, or does hold, visible standing water for at
14 least 180 days of the year. However, a nontidal surface water
15 body that is drained, either naturally or artificially, where
16 the intent or the result is that such drainage be temporary,
17 shall be considered a permanent nontidal surface water body. A
18 nontidal surface water body that is drained of all visible
19 surface water, where the lawful intent or the result of such
20 drainage is that such drainage will be permanent, shall not be
21 considered a permanent nontidal surface water body. The
22 boundary of a permanent nontidal surface water body shall be
23 the mean annual flood line.
24 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
25 may not construct, repair, modify, abandon, or operate an
26 onsite sewage treatment and disposal system without first
27 obtaining a permit approved by the department. The department
28 may issue permits to carry out this section, but shall not
29 make the issuance of such permits contingent upon prior
30 approval by the Department of Environmental Protection. A
31 construction permit is valid for 18 months from the issuance
6
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 date and may be extended by the department for one 90-day
2 period under rules adopted by the department. A repair permit
3 is valid for 90 days from the date of issuance. An operating
4 permit must be obtained prior to the use of any aerobic
5 treatment unit or if the establishment generates commercial
6 waste. Buildings or establishments that use an aerobic
7 treatment unit or generate commercial waste shall be inspected
8 by the department at least annually to assure compliance with
9 the terms of the operating permit. The operating permit for a
10 commercial wastewater system is valid for 1 year from the date
11 of issuance and must be renewed annually. The operating permit
12 for an aerobic treatment unit is valid for 2 years from the
13 date of issuance and must be renewed every 2 years. If all
14 information pertaining to the siting, location, and
15 installation conditions or repair of an onsite sewage
16 treatment and disposal system remains the same, a construction
17 or repair permit for the onsite sewage treatment and disposal
18 system may be transferred to another person, if the transferee
19 files, within 60 days after the transfer of ownership, an
20 amended application providing all corrected information and
21 proof of ownership of the property. There is no fee
22 associated with the processing of this supplemental
23 information. A person may not contract to construct, modify,
24 alter, repair, service, abandon, or maintain any portion of an
25 onsite sewage treatment and disposal system without being
26 registered under part III of chapter 489. A property owner
27 who personally performs construction, maintenance, or repairs
28 to a system serving his or her own owner-occupied
29 single-family residence is exempt from registration
30 requirements for performing such construction, maintenance, or
31 repairs on that residence, but is subject to all permitting
7
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 requirements. A municipality or political subdivision of the
2 state may not issue a building or plumbing permit for any
3 building that requires the use of an onsite sewage treatment
4 and disposal system unless the owner or builder has received a
5 construction permit for such system from the department. A
6 building or structure may not be occupied and a municipality,
7 political subdivision, or any state or federal agency may not
8 authorize occupancy until the department approves the final
9 installation of the onsite sewage treatment and disposal
10 system. A municipality or political subdivision of the state
11 may not approve any change in occupancy or tenancy of a
12 building that uses an onsite sewage treatment and disposal
13 system until the department has reviewed the use of the system
14 with the proposed change, approved the change, and amended the
15 operating permit.
16 (j) An onsite sewage treatment and disposal system for
17 a single-family residence that is designed by a professional
18 engineer registered in the state and certified by such
19 engineer as complying with performance criteria adopted by the
20 department must be approved by the department subject to the
21 following:
22 1. The performance criteria applicable to
23 engineer-designed systems must be limited to those necessary
24 to ensure that such systems do not adversely affect the public
25 health or significantly degrade the groundwater or surface
26 water. Such performance criteria shall include consideration
27 of the quality of system effluent, the proposed total sewage
28 flow per acre, wastewater treatment capabilities of the
29 natural or replaced soil, water quality classification of the
30 potential surface-water-receiving body, and the structural and
31 maintenance viability of the system for the treatment of
8
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 domestic wastewater. However, performance criteria shall
2 address only the performance of a system and not a system's
3 design.
4 2. The technical review and advisory panel shall
5 assist the department in the development of performance
6 criteria applicable to engineer-designed systems. Workshops
7 on the development of the rules delineating such criteria
8 shall commence not later than September 1, 1996, and the
9 department shall advertise such rules for public hearing no
10 later than October 1, 1997.
11 3. A person electing to utilize an engineer-designed
12 system shall, upon completion of the system design, submit
13 such design, certified by a registered professional engineer,
14 to the county health department. The county health department
15 may utilize an outside consultant to review the
16 engineer-designed system, with the actual cost of such review
17 to be borne by the applicant. Within 5 working days after
18 receiving an engineer-designed system permit application, the
19 county health department shall request additional information
20 if the application is not complete. Within 15 working days
21 after receiving a complete application for an
22 engineer-designed system, the county health department either
23 shall issue the permit or, if it determines that the system
24 does not comply with the performance criteria, shall notify
25 the applicant of that determination and refer the application
26 to the department for a determination as to whether the system
27 should be approved, disapproved, or approved with
28 modification. The department engineer's determination shall
29 prevail over the action of the county health department. The
30 applicant shall be notified in writing of the department's
31 determination and of the applicant's rights to pursue a
9
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 variance or seek review under the provisions of chapter 120.
2 4. The owner of an engineer-designed performance-based
3 system must maintain a current maintenance service agreement
4 with a maintenance entity permitted by the department. The
5 maintenance entity shall obtain a biennial system operating
6 permit from the department for each system under service
7 contract. The department shall inspect the system at least
8 annually, or on such periodic basis as the fee collected
9 permits, and may collect system-effluent samples if
10 appropriate to determine compliance with the performance
11 criteria. The fee for the biennial operating permit shall be
12 collected beginning with the second year of system operation.
13 The maintenance entity shall inspect each system at least
14 twice each year and shall report quarterly to the department
15 on the number of systems inspected and serviced.
16 5. If an engineer-designed system fails to properly
17 function or fails to meet performance standards, the system
18 shall be re-engineered, if necessary, to bring the system into
19 compliance with the provisions of this section.
20 Section 69. Paragraph (k) of subsection (2) of section
21 381.0066, Florida Statutes, as amended by section 16 of
22 chapter 2002-402, Laws of Florida, is amended to read:
23 381.0066 Onsite sewage treatment and disposal systems;
24 fees.--
25 (2) The minimum fees in the following fee schedule
26 apply until changed by rule by the department within the
27 following limits:
28 (k) Research: An additional $5 fee shall be added to
29 each new system construction permit issued during fiscal years
30 1996-2003 to be used for onsite sewage treatment and disposal
31 system research, demonstration, and training projects. Five
10
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 dollars from any repair permit fee collected under this
2 section shall be used for funding the hands-on training
3 centers described in s. 381.0065(3)(j).
4
5 The funds collected pursuant to this subsection must be
6 deposited in a trust fund administered by the department, to
7 be used for the purposes stated in this section and ss.
8 381.0065 and 381.00655.
9 Section 70. Paragraph (a) of subsection (2) of section
10 381.0072, Florida Statutes, is amended to read:
11 381.0072 Food service protection.--It shall be the
12 duty of the Department of Health to adopt and enforce
13 sanitation rules consistent with law to ensure the protection
14 of the public from food-borne illness. These rules shall
15 provide the standards and requirements for the storage,
16 preparation, serving, or display of food in food service
17 establishments as defined in this section and which are not
18 permitted or licensed under chapter 500 or chapter 509.
19 (2) DUTIES.--
20 (a) The department shall adopt rules, including
21 definitions of terms which are consistent with law prescribing
22 minimum sanitation standards and manager certification
23 requirements as prescribed in s. 509.039, and which shall be
24 enforced in food service establishments as defined in this
25 section. The sanitation standards must address the
26 construction, operation, and maintenance of the establishment;
27 lighting, ventilation, laundry rooms, lockers, use and storage
28 of toxic materials and cleaning compounds, and first-aid
29 supplies; plan review; design, construction, installation,
30 location, maintenance, sanitation, and storage of food
31 equipment and utensils; employee training, health, hygiene,
11
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 and work practices; food supplies, preparation, storage,
2 transportation, and service, including access to the areas
3 where food is stored or prepared; and sanitary facilities and
4 controls, including water supply and sewage disposal; plumbing
5 and toilet facilities; garbage and refuse collection, storage,
6 and disposal; and vermin control. Public and private schools
7 if the food service is operated by school employees, hospitals
8 licensed under chapter 395, nursing homes licensed under part
9 II of chapter 400, child care facilities as defined in s.
10 402.301, and residential facilities colocated with a nursing
11 home or hospital if all food is prepared in a central kitchen
12 that complies with nursing or hospital regulations, and bars
13 and lounges shall be exempt from the rules developed for
14 manager certification. The department shall administer a
15 comprehensive inspection, monitoring, and sampling program to
16 ensure such standards are maintained. With respect to food
17 service establishments permitted or licensed under chapter 500
18 or chapter 509, the department shall assist the Division of
19 Hotels and Restaurants of the Department of Business and
20 Professional Regulation and the Department of Agriculture and
21 Consumer Services with rulemaking by providing technical
22 information.
23 Section 71. Section 381.104, Florida Statutes, is
24 created to read:
25 381.104 Employee health and wellness program.--
26 (1) Each state agency may allocate, from existing
27 resources, the necessary funding and facilities for the
28 development and maintenance of an employee health and wellness
29 program and may seek additional funding from other sources to
30 support the program for the benefit of the agency's employees.
31 (2) Each state agency may dedicate resources to
12
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 develop and coordinate an employee health and wellness program
2 or arrange to cooperate with other agencies in their
3 geographic proximity for program coordination, including
4 providers of state employee benefits.
5 (3) Each state agency may establish an employee health
6 and wellness coordinator and an advisory committee to guide
7 the development of an operational plan, including the
8 collection of data, to plan events and activities, and to
9 oversee program evaluation and the allocation of funds.
10 (4) Each state agency may conduct and dedicate
11 resources toward an employee needs assessment to ascertain the
12 health and wellness-related needs of its employees.
13 (5) Each state agency may establish policies that
14 allow employees no longer than 30 minutes of work time three
15 times each week, as individual workloads allow, which may be
16 used for the purpose of engaging in wellness activities,
17 including physical activity, stress-reduction programs,
18 tobacco cessation, personal training, nutrition counseling, or
19 weight reduction and control.
20 (6) Each state agency participating in the program
21 must use an employee health and wellness activity agreement
22 form, which must be completed and signed by the employee,
23 signed by the employee's immediate supervisor, and kept in the
24 employee's personnel file prior to participating in any
25 activity. This form shall be developed by the Department of
26 Health. It is the responsibility of the employee to complete
27 the form, including the time of the workday the wellness
28 activity will be observed and on which days of the week,
29 obtain the signature of his or her supervisor, and submit the
30 form to the personnel office. The employee must submit a
31 revised employee health and wellness activity agreement form
13
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 prior to any change in the employee's activities.
2 (7) Each state agency may designate up to 1 hour each
3 month for the purpose of providing wellness training for its
4 employees.
5 (8) Each state agency may use the e-mail and other
6 communication systems to promote the agency's employee health
7 and wellness activities.
8 (9) Each state agency may, and is encouraged to:
9 (a) Enter into an agreement or contract with other
10 state agencies, including a state-supported college or
11 university, or with a local or federal department,
12 institution, commission, agency, or private enterprise to
13 present, collaborate, or participate jointly in health or
14 fitness education or activity programs.
15 (b) Implement as a part of the employee health and
16 wellness program, health education activities that focus on
17 skill development and lifestyle behavior change, along with
18 information dissemination and awareness building, preferably
19 tailored to an employee's interests and needs.
20 (c) Review and offer recommendations on environmental
21 and social support policies that pertain to improving the
22 health of employees.
23 (d) Link the employee health and wellness program to
24 programs such as the employee assistance program and other
25 related programs to help employees balance work and family.
26 (e) Offer free, low-cost, or employee fee-based
27 employee wellness programs.
28 (10) Each agency that develops and implements an
29 employee health and wellness program shall include and
30 document an evaluation and improvement process to help enhance
31 the program's efficiency and effectiveness over time.
14
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 (11) The Department of Health shall provide model
2 program guidelines for the employee health and wellness
3 program and shall provide ongoing technical assistance to
4 other state agencies to assist in developing the agency's
5 employee health and wellness program.
6 Section 72. Section 381.86, Florida Statutes, is
7 created to read:
8 381.86 Review Council for Human Subjects.--
9 (1) The Review Council for Human Subjects is created
10 within the Department of Health to comply with federal
11 requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50
12 and 56 for an institutional review board to review all
13 biomedical and behavioral research on human subjects which is
14 funded by the department or supported by the department in any
15 manner, including the permitting of access to department data
16 or department resources.
17 (2) Consistent with federal requirements the Secretary
18 of Health shall determine and appoint the membership on the
19 council and designate the chair.
20 (3) The council may serve as an institutional review
21 board for other agencies at the discretion of the secretary.
22 (4) Each council member is entitled to reimbursement
23 for per diem and travel expenses as provided in s. 112.061
24 while carrying out the official business of the council.
25 (5) The department shall charge for costs incurred by
26 the council for research oversight according to a fee
27 schedule, except that fees shall be waived for any student who
28 is a candidate for a degree at a university located in this
29 state. The fee schedule shall provide for fees for initial
30 review, amendments, and continuing review. The department
31 shall adopt rules necessary to comply with federal
15
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 requirements and this section. Such rules shall also prescribe
2 procedures for requesting council review.
3 (6) Fees collected pursuant to this section shall be
4 deposited into the Administrative Trust Fund and used solely
5 for the purpose of administering the program authorized by
6 this section.
7 Section 73. Paragraphs (b) and (c) of subsection (3)
8 of section 381.89, Florida Statutes, are amended to read:
9 381.89 Regulation of tanning facilities.--
10 (3)
11 (b) The department shall establish procedures for the
12 issuance and annual renewal of licenses and shall establish
13 annual license and renewal fees and late payment fees in an
14 amount necessary to cover the expenses of administering this
15 section. Annual license and renewal fees may not shall be not
16 less than $125 nor more than $250 per tanning device and a
17 maximum total fee per individual tanning facility may be set
18 by rule. Effective October 1, 1991, the fee amount shall be
19 the minimum fee proscribed in this paragraph and such fee
20 amount shall remain in effect until the effective date of a
21 fee schedule adopted by the department.
22 (c) The department may adopt a system under which
23 licenses expire on staggered dates and the annual renewal fees
24 are prorated quarterly monthly to reflect the actual number of
25 months the license is valid.
26 Section 74. Subsection (3) and paragraph (a) of
27 subsection (7) of section 381.90, Florida Statutes, are
28 amended to read:
29 381.90 Health Information Systems Council; legislative
30 intent; creation, appointment, duties.--
31 (3) The council shall be composed of the following
16
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 members or their senior executive-level designees:
2 (a) The Secretary of the Department of Health;
3 (b) The Executive Director secretary of the Department
4 of Veterans' Affairs Business and Professional Regulation;
5 (c) The Secretary of the Department of Children and
6 Family Services;
7 (d) The Secretary of Health Care Administration;
8 (e) The Secretary of the Department of Corrections;
9 (f) The Attorney General;
10 (g) The Executive Director of the Correctional Medical
11 Authority;
12 (h) Two members representing county health
13 departments, one from a small county and one from a large
14 county, appointed by the Governor;
15 (i) A representative from the Florida Association of
16 Counties;
17 (j) The Chief Financial Officer State Treasurer and
18 Insurance Commissioner;
19 (k) A representative from the Florida Healthy Kids
20 Corporation;
21 (l) A representative from a school of public health
22 chosen by the Commissioner of Education Board of Regents;
23 (m) The Commissioner of Education;
24 (n) The Secretary of the Department of Elderly
25 Affairs; and
26 (o) The Secretary of the Department of Juvenile
27 Justice.
28
29 Representatives of the Federal Government may serve without
30 voting rights.
31 (7) The council's duties and responsibilities include,
17
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 but are not limited to, the following:
2 (a) By June March 1 of each year, to develop and
3 approve a strategic plan pursuant to the requirements set
4 forth in s. 186.022(9). Copies of the plan shall be
5 transmitted electronically or in writing to the Executive
6 Office of the Governor, the Speaker of the House of
7 Representatives, and the President of the Senate.
8 Section 75. Subsections (1) and (2), paragraphs (f)
9 and (g) of subsection (3), and subsection (5) of section
10 383.14, Florida Statutes, are amended to read:
11 383.14 Screening for metabolic disorders, other
12 hereditary and congenital disorders, and environmental risk
13 factors.--
14 (1) SCREENING REQUIREMENTS.--To help ensure access to
15 the maternal and child health care system, the Department of
16 Health shall promote the screening of all newborns infants
17 born in Florida for phenylketonuria and other metabolic,
18 hereditary, and congenital disorders known to result in
19 significant impairment of health or intellect, as screening
20 programs accepted by current medical practice become available
21 and practical in the judgment of the department. The
22 department shall also promote the identification and screening
23 of all newborns infants born in this state and their families
24 for environmental risk factors such as low income, poor
25 education, maternal and family stress, emotional instability,
26 substance abuse, and other high-risk conditions associated
27 with increased risk of infant mortality and morbidity to
28 provide early intervention, remediation, and prevention
29 services, including, but not limited to, parent support and
30 training programs, home visitation, and case management.
31 Identification, perinatal screening, and intervention efforts
18
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 shall begin prior to and immediately following the birth of
2 the child by the attending health care provider. Such efforts
3 shall be conducted in hospitals, perinatal centers, county
4 health departments, school health programs that provide
5 prenatal care, and birthing centers, and reported to the
6 Office of Vital Statistics.
7 (a) Prenatal screening.--The department shall develop
8 a multilevel screening process that includes a risk assessment
9 instrument to identify women at risk for a preterm birth or
10 other high-risk condition. The primary health care provider
11 shall complete the risk assessment instrument and report the
12 results to the Office of Vital Statistics so that the woman
13 may immediately be notified and referred to appropriate
14 health, education, and social services.
15 (b) Postnatal screening.--A risk factor analysis using
16 the department's designated risk assessment instrument shall
17 also be conducted as part of the medical screening process
18 upon the birth of a child and submitted to the department's
19 Office of Vital Statistics for recording and other purposes
20 provided for in this chapter. The department's screening
21 process for risk assessment shall include a scoring mechanism
22 and procedures that establish thresholds for notification,
23 further assessment, referral, and eligibility for services by
24 professionals or paraprofessionals consistent with the level
25 of risk. Procedures for developing and using the screening
26 instrument, notification, referral, and care coordination
27 services, reporting requirements, management information, and
28 maintenance of a computer-driven registry in the Office of
29 Vital Statistics which ensures privacy safeguards must be
30 consistent with the provisions and plans established under
31 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures
19
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 established for reporting information and maintaining a
2 confidential registry must include a mechanism for a
3 centralized information depository at the state and county
4 levels. The department shall coordinate with existing risk
5 assessment systems and information registries. The department
6 must ensure, to the maximum extent possible, that the
7 screening information registry is integrated with the
8 department's automated data systems, including the Florida
9 On-line Recipient Integrated Data Access (FLORIDA) system.
10 Tests and screenings must be performed by the State Public
11 Health Laboratory, in coordination with Children's Medical
12 Services, at such times and in such manner as is prescribed by
13 the department after consultation with the Genetics and
14 Newborn Infant Screening Advisory Council and the State
15 Coordinating Council for School Readiness Programs.
16 (2) RULES.--After consultation with the Genetics and
17 Newborn Infant Screening Advisory Council, the department
18 shall adopt and enforce rules requiring that every newborn
19 infant born in this state shall, prior to becoming 2 weeks of
20 age, be subjected to a test for phenylketonuria and, at the
21 appropriate age, be tested for such other metabolic diseases
22 and hereditary or congenital disorders as the department may
23 deem necessary from time to time. After consultation with the
24 State Coordinating Council for School Readiness Programs, the
25 department shall also adopt and enforce rules requiring every
26 newborn infant born in this state to be screened for
27 environmental risk factors that place children and their
28 families at risk for increased morbidity, mortality, and other
29 negative outcomes. The department shall adopt such additional
30 rules as are found necessary for the administration of this
31 section, including rules providing definitions of terms, rules
20
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 relating to the methods used and time or times for testing as
2 accepted medical practice indicates, rules relating to
3 charging and collecting fees for screenings authorized by this
4 section, and rules requiring mandatory reporting of the
5 results of tests and screenings for these conditions to the
6 department.
7 (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
8 department shall administer and provide certain services to
9 implement the provisions of this section and shall:
10 (f) Promote the availability of genetic studies and
11 counseling in order that the parents, siblings, and affected
12 newborns infants may benefit from available knowledge of the
13 condition.
14 (g) Have the authority to charge and collect fees for
15 screenings authorized in this section, as follows:
16 1. A fee of $20 will be charged for each live birth,
17 as recorded by the Office of Vital Statistics, occurring in a
18 hospital licensed under part I of chapter 395 or a birth
19 center licensed under s. 383.305, up to 3,000 live births per
20 licensed hospital per year or over 60 births per birth center
21 per year. The department shall calculate the annual
22 assessment for each hospital and birth center, and this
23 assessment must be paid in equal amounts quarterly. Quarterly,
24 the department shall generate and mail to each hospital and
25 birth center a statement of the amount due.
26 2. As part of the department's legislative budget
27 request prepared pursuant to chapter 216, the department shall
28 submit a certification by the department's inspector general,
29 or the director of auditing within the inspector general's
30 office, of the annual costs of the uniform testing and
31 reporting procedures of the newborn infant screening program.
21
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 In certifying the annual costs, the department's inspector
2 general or the director of auditing within the inspector
3 general's office shall calculate the direct costs of the
4 uniform testing and reporting procedures, including applicable
5 administrative costs. Administrative costs shall be limited to
6 those department costs which are reasonably and directly
7 associated with the administration of the uniform testing and
8 reporting procedures of the newborn infant screening program.
9
10 All provisions of this subsection must be coordinated with the
11 provisions and plans established under this chapter, chapter
12 411, and Pub. L. No. 99-457.
13 (5) ADVISORY COUNCIL.--There is established a Genetics
14 and Newborn Infant Screening Advisory Council made up of 12
15 members appointed by the Secretary of Health. The council
16 shall be composed of two consumer members, three practicing
17 pediatricians, at least one of whom must be a pediatric
18 hematologist, one representative from each of the four medical
19 schools in the state, the Secretary of Health or his or her
20 designee, one representative from the Department of Health
21 representing Children's Medical Services, and one
22 representative from the Developmental Disabilities Program
23 Office of the Department of Children and Family Services. All
24 appointments shall be for a term of 4 years. The chairperson
25 of the council shall be elected from the membership of the
26 council and shall serve for a period of 2 years. The council
27 shall meet at least semiannually or upon the call of the
28 chairperson. The council may establish ad hoc or temporary
29 technical advisory groups to assist the council with specific
30 topics which come before the council. Council members shall
31 serve without pay. Pursuant to the provisions of s. 112.061,
22
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 the council members are entitled to be reimbursed for per diem
2 and travel expenses. It is the purpose of the council to
3 advise the department about:
4 (a) Conditions for which testing should be included
5 under the screening program and the genetics program;
6 (b) Procedures for collection and transmission of
7 specimens and recording of results; and
8 (c) Methods whereby screening programs and genetics
9 services for children now provided or proposed to be offered
10 in the state may be more effectively evaluated, coordinated,
11 and consolidated.
12 Section 76. Section 384.25, Florida Statutes, is
13 amended to read:
14 384.25 Reporting required.--
15 (1) Each person who makes a diagnosis of or treats a
16 person with a sexually transmissible disease and each
17 laboratory that performs a test for a sexually transmissible
18 disease which concludes with a positive result shall report
19 such facts as may be required by the department by rule,
20 within a time period as specified by rule of the department,
21 but in no case to exceed 2 weeks.
22 (a)(2) The department shall adopt rules specifying the
23 information required in and a minimum time period for
24 reporting a sexually transmissible disease. In adopting such
25 rules, the department shall consider the need for information,
26 protections for the privacy and confidentiality of the
27 patient, and the practical ability of persons and laboratories
28 to report in a reasonable fashion. To ensure the
29 confidentiality of persons infected with the human
30 immunodeficiency virus (HIV), reporting of HIV infection and
31 acquired immune deficiency syndrome (AIDS) must be conducted
23
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 using a system the HIV/AIDS Reporting System (HARS) developed
2 by the Centers for Disease Control and Prevention of the
3 United States Public Health Service or an equivalent system.
4 (b)(3) The department shall require reporting of
5 physician diagnosed cases of AIDS and HIV infection consistent
6 with based upon diagnostic criteria for surveillance-case
7 definition for HIV/AIDS reporting from the Centers for Disease
8 Control and Prevention.
9 (c)(4) The department shall may require physician and
10 laboratory reporting of HIV infection. However, only reports
11 of HIV infection identified on or after the effective date of
12 the rule developed by the department pursuant to this
13 subsection shall be accepted. The Reporting may not affect or
14 relate to anonymous HIV testing programs conducted pursuant to
15 s. 381.004(4) or to university-based medical research
16 protocols as determined by the department.
17 (2)(5) After notification of the test subject under
18 subsection (4), the department may, with the consent of the
19 test subject, notify school superintendents of students and
20 school personnel whose HIV tests are positive.
21 (3) The department shall adopt rules requiring each
22 physician and laboratory to report any newborn or infant up to
23 18 months of age who has been exposed to HIV. The rules may
24 include the method and time period for reporting, information
25 to be included in the report, requirements for enforcement,
26 and followup activities by the department.
27 (4)(6) The department shall by February 1 of each year
28 submit to the Legislature an annual report relating to all
29 information obtained pursuant to this section.
30 (5)(7) Each person who violates the provisions of this
31 section or the rules adopted hereunder may be fined by the
24
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 department up to $500 for each offense. The department shall
2 report each violation of this section to the regulatory agency
3 responsible for licensing each health care professional and
4 each laboratory to which these provisions apply.
5 Section 77. Subsection (1) of section 385.204, Florida
6 Statutes, is amended to read:
7 385.204 Insulin; purchase, distribution; penalty for
8 fraudulent application for and obtaining of insulin.--
9 (1) The Department of Health, to the extent funds are
10 available, shall purchase and distribute insulin through its
11 agents or other appropriate agent of the state or Federal
12 Government in any county or municipality in the state to any
13 bona fide resident of this state suffering from diabetes or a
14 kindred disease requiring insulin in its treatment who makes
15 application for insulin and furnishes proof of his or her
16 financial inability to purchase in accordance with the rules
17 adopted promulgated by the department concerning the
18 distribution of insulin.
19 Section 78. Subsection (2) of section 391.021, Florida
20 Statutes, is amended to read:
21 391.021 Definitions.--When used in this act, unless
22 the context clearly indicates otherwise:
23 (2) "Children with special health care needs" means
24 those children under the age of 21 years who have, or are at
25 increased risk for, chronic physical, developmental,
26 behavioral, or emotional conditions and who also require
27 health care and related services of a type or amount beyond
28 that which is generally required by children whose serious or
29 chronic physical or developmental conditions require extensive
30 preventive and maintenance care beyond that required by
31 typically healthy children. Health care utilization by these
25
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 children exceeds the statistically expected usage of the
2 normal child adjusted for chronological age. These children
3 often need complex care requiring multiple providers,
4 rehabilitation services, and specialized equipment in a number
5 of different settings.
6 Section 79. Section 391.025, Florida Statutes, is
7 amended to read:
8 391.025 Applicability and scope.--
9 (1) This act applies to health services provided to
10 eligible individuals who are:
11 (a) Enrolled in the Medicaid program;
12 (b) Enrolled in the Florida Kidcare program; and
13 (c) Uninsured or underinsured, provided that they meet
14 the financial eligibility requirements established in this
15 act, and to the extent that resources are appropriated for
16 their care.
17 (1)(2) The Children's Medical Services program
18 consists of the following components:
19 (a) The newborn infant metabolic screening program
20 established in s. 383.14.
21 (b) The regional perinatal intensive care centers
22 program established in ss. 383.15-383.21.
23 (c) A federal or state program authorized by the
24 Legislature.
25 (d) The developmental evaluation and intervention
26 program, including the infants and toddlers early intervention
27 program.
28 (e) The Children's Medical Services network.
29 (2)(3) The Children's Medical Services program shall
30 not be deemed an insurer and is not subject to the licensing
31 requirements of the Florida Insurance Code or the rules of the
26
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 Department of Insurance, when providing services to children
2 who receive Medicaid benefits, other Medicaid-eligible
3 children with special health care needs, and children
4 participating in the Florida Kidcare program.
5 Section 80. Subsection (2) of section 391.029, Florida
6 Statutes, is amended to read:
7 391.029 Program eligibility.--
8 (2) The following individuals are financially eligible
9 to receive services through for the program:
10 (a) A high-risk pregnant female who is eligible for
11 Medicaid.
12 (b) Children A child with special health care needs
13 from birth to age 21 years who are is eligible for Medicaid.
14 (c) Children A child with special health care needs
15 from birth to age 19 years who are is eligible for a program
16 under Title XXI of the Social Security Act.
17 (3) Subject to the availability of funds, the
18 following individuals may receive services through the
19 program:
20 (a)(d) Children A child with special health care needs
21 from birth to age 21 years whose family income is above
22 financial eligibility requirements under Title XXI of the
23 Social Security Act and whose projected annual cost of care
24 adjusts the family income to Medicaid financial criteria. In
25 cases where the family income is adjusted based on a projected
26 annual cost of care, the family shall participate financially
27 in the cost of care based on criteria established by the
28 department.
29 (b)(e) Children A child with special health care needs
30 from birth to 21 years of age, as provided defined in Title V
31 of the Social Security Act relating to children with special
27
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 health care needs.
2
3 The department may continue to serve certain children with
4 special health care needs who are 21 years of age or older and
5 who were receiving services from the program prior to April 1,
6 1998. Such children may be served by the department until
7 July 1, 2000.
8 Section 81. Subsection (4) is added to section
9 391.035, Florida Statutes, to read:
10 391.035 Provider qualifications.--
11 (4) Notwithstanding any other provision of law, the
12 department may contract with health care providers licensed in
13 another state to provide health services to participants in
14 the Children's Medical Services program when necessary due to
15 an emergency, the availability of specialty services, or a
16 greater convenience to the participant for receiving timely
17 and effective health care services. The department may adopt
18 rules to administer this subsection.
19 Section 82. Subsection (4) is added to section
20 391.055, Florida Statutes, to read:
21 391.055 Service delivery systems.--
22 (4) If a newborn has a presumptively abnormal
23 screening result for metabolic or other hereditary and
24 congenital disorders which is identified through the newborn
25 screening program pursuant to s. 383.14, the newborn shall be
26 referred to the Children's Medical Services network for
27 confirmatory testing, medical management, or medical referral.
28 Section 83. Section 391.309, Florida Statutes, is
29 created to read:
30 391.309 Florida Infants and Toddlers Early
31 Intervention Program.--The Department of Health may implement
28
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 and administer Part C of the federal Individuals with
2 Disabilities Education Act (IDEA), which shall be known as the
3 Florida Infants and Toddlers Early Intervention Program.
4 (1) The department, jointly with the Department of
5 Education, shall annually prepare a grant application to the
6 United States Department of Education for funding early
7 intervention services for infants and toddlers with
8 disabilities, ages birth through 36 months, and their families
9 pursuant to Part C of the federal Individuals with
10 Disabilities Education Act.
11 (2) The department shall ensure that no early
12 intervention provider participating in the program provides
13 both core and required services without a waiver from the
14 Deputy Secretary for Children's Medical Services or his or her
15 designee, as expressed in the contract between the department
16 and the provider. For purposes of this section, "core"
17 services are limited to child find and referral services,
18 family support planning, service coordination, and
19 multidisciplinary evaluation.
20 Section 84. Section 394.9151, Florida Statutes, is
21 amended to read:
22 394.9151 Contract authority.--The Department of
23 Children and Family Services may contract with a private
24 entity or state agency for use of and operation of facilities
25 to comply with the requirements of this act. The department of
26 Children and Family Services may also contract with the
27 Correctional Privatization Commission as defined in chapter
28 957 to issue a request for proposals and monitor contract
29 compliance for these services. The department may enter into
30 an agreement or may contract with the Correctional Medical
31 Authority, as defined in chapter 945, to conduct surveys of
29
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 medical services and to provide medical quality assurance and
2 improvement assistance at secure confinement and treatment
3 facilities for persons confined under this chapter.
4 Section 85. Subsection (2) of section 395.404, Florida
5 Statutes, is amended to read:
6 395.404 Review of trauma registry data;
7 confidentiality and limited release.--
8 (2) Notwithstanding the provisions of s. 381.74, each
9 trauma center and acute care hospital shall submit severe
10 disability and head-injury registry data to the department as
11 provided by rule. Each trauma center and acute care hospital
12 shall continue to provide initial notification of any person
13 who has a moderate-to-severe brain or spinal cord injury
14 persons who have severe disabilities and head injuries to the
15 brain and spinal cord injury central registry of the
16 Department of Health within timeframes provided in s. 381.74
17 chapter 413. Such initial notification shall be made in the
18 manner prescribed by the Department of Health for the purpose
19 of providing timely vocational rehabilitation and transitional
20 services to an individual who sustains traumatic
21 moderate-to-severe brain or spinal cord injury to enable such
22 individual to return to his or her community services to the
23 severely disabled or head-injured person.
24 Section 86. Subsection (2) of section 401.113, Florida
25 Statutes, is amended to read:
26 401.113 Department; powers and duties.--
27 (2)(a) The department shall annually dispense funds
28 contained in the Emergency Medical Services Trust Fund as
29 follows:
30 1.(a) Forty-five percent of such moneys must be
31 divided among the counties according to the proportion of the
30
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 combined amount deposited in the trust fund from the county.
2 These funds may not be used to match grant funds as identified
3 in subparagraph 2 paragraph (b). An individual board of county
4 commissioners may distribute these funds to emergency medical
5 service organizations within the county, as it deems
6 appropriate.
7 2.(b) Forty percent of such moneys must be used by the
8 department for making matching grants to local agencies,
9 municipalities, and emergency medical services organizations
10 for the purpose of conducting research, increasing existing
11 levels of emergency medical services, evaluation, community
12 education, injury prevention programs, and training in
13 cardiopulmonary resuscitation and other lifesaving and first
14 aid techniques.
15 a.1. At least 90 percent of these moneys must be made
16 available on a cash matching basis. A grant made under this
17 subparagraph must be contingent upon the recipient providing a
18 cash sum equal to 25 percent of the total department-approved
19 grant amount.
20 b.2. No more than 10 percent of these moneys must be
21 made available to rural emergency medical services, and
22 notwithstanding the restrictions specified in subsection (1),
23 these moneys may be used for improvement, expansion, or
24 continuation of services provided. A grant made under this
25 subparagraph must be contingent upon the recipient providing a
26 cash sum equal to no more than 10 percent of the total
27 department-approved grant amount.
28
29 The department shall develop procedures and standards for
30 grant disbursement under this paragraph based on the need for
31 emergency medical services, the requirements of the population
31
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 to be served, and the objectives of the state emergency
2 medical services plan.
3 3.(c) Fifteen percent of such moneys must be used by
4 the department for capital equipment outlay, personnel,
5 community education, evaluation, and other costs associated
6 with the administration of this chapter. Any moneys not
7 annually used for this purpose must be used for making
8 additional rural grant funds available.
9 (b) Notwithstanding any other law to the contrary, any
10 interest generated from grant funds may be expended by the
11 grantee on the budget items approved by the department.
12 Grantees receiving funds, which require a match, may not
13 expend interest funds until all match requirements have been
14 satisfied. Such grantees shall return to the department any
15 interest and grant funds not expended at the conclusion of the
16 grant period. All such returned funds shall be used by the
17 department for additional matching grant awards.
18 Section 87. Section 401.211, Florida Statutes, is
19 amended to read:
20 401.211 Legislative intent.--The Legislature
21 recognizes that the systematic provision of emergency medical
22 services saves lives and reduces disability associated with
23 illness and injury. In addition, that system of care must be
24 equally capable of assessing, treating, and transporting
25 children, adults, and frail elderly persons. Further, it is
26 the intent of the Legislature to encourage the development and
27 maintenance of emergency medical services because such
28 services are essential to the health and well-being of all
29 citizens of the state. The Legislature also recognizes that
30 the establishment of a statewide comprehensive injury
31 prevention program supports state and community health systems
32
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 by further enhancing the total delivery system of emergency
2 medical services and reduces injuries for all persons. The
3 purpose of this part is to protect and enhance the public
4 health, welfare, and safety through the establishment of an
5 emergency medical services state plan, an advisory council, a
6 comprehensive statewide injury prevention and control program,
7 minimum standards for emergency medical services personnel,
8 vehicles, services and medical direction, and the
9 establishment of a statewide inspection program created to
10 monitor the quality of patient care delivered by each licensed
11 service and appropriately certified personnel.
12 Section 88. Section 401.243, Florida Statutes, is
13 created to read:
14 401.243 Injury prevention and control.--The injury
15 prevention and control program is responsible for the
16 statewide coordination and expansion of injury prevention and
17 control activities. The duties of the department may include,
18 but not be limited to, data collection, surveillance,
19 education, and the promotion of interventions. The department
20 may:
21 (1) Assist county health departments and community and
22 other state agencies by serving as a focal point for injury
23 prevention expertise and guidance.
24 (2) Seek, receive, and expend any funds received
25 through appropriations, grants, donations, or contributions
26 from public or private sources for program purposes.
27 (3) Adopt rules related to the activities of the
28 program, including, but not limited to, those needed for
29 implementation of injury prevention and control activities,
30 data collection, surveillance, education, promotion of
31 interventions, and for assistance to other entities.
33
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 (4) Develop, and revise as necessary, a comprehensive
2 state plan for injury prevention and control.
3 Section 89. Subsections (3), (4), (5), and (13) of
4 section 401.27, Florida Statutes, are amended, and subsection
5 (14) is added to that section, to read:
6 401.27 Personnel; standards and certification.--
7 (3) Any person who desires to be certified or
8 recertified as an emergency medical technician or paramedic
9 must apply to the department under oath on forms provided by
10 the department which shall contain such information as the
11 department reasonably requires, which may include affirmative
12 evidence of ability to comply with applicable laws and rules.
13 The department may accept electronically submitted
14 applications. If an application is submitted electronically,
15 the department may require supplemental materials, including
16 an original signature of the applicant and documentation
17 verifying eligibility for certification to be submitted in a
18 nonelectronic format. The department shall determine whether
19 the applicant meets the requirements specified in this section
20 and in rules of the department and shall issue a certificate
21 to any person who meets such requirements.
22 (4) An applicant for certification or recertification
23 as an emergency medical technician or paramedic must:
24 (a) Have completed an appropriate training course as
25 follows:
26 1. For an emergency medical technician, an emergency
27 medical technician training course equivalent to the most
28 recent emergency medical technician basic training course of
29 the United States Department of Transportation as approved by
30 the department;
31 2. For a paramedic, a paramedic training program
34
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 equivalent to the most recent paramedic course of the United
2 States Department of Transportation as approved by the
3 department;
4 (b) Certify under oath that he or she is not addicted
5 to alcohol or any controlled substance;
6 (c) Certify under oath that he or she is free from any
7 physical or mental defect or disease that might impair the
8 applicant's ability to perform his or her duties;
9 (d) Within 1 year after course completion have passed
10 an examination developed or required by the department;
11 (e)1. For an emergency medical technician, hold either
12 a current American Heart Association cardiopulmonary
13 resuscitation course card or an American Red Cross
14 cardiopulmonary resuscitation course card or its equivalent as
15 defined by department rule;
16 2. For a paramedic, hold a certificate of successful
17 course completion in advanced cardiac life support from the
18 American Heart Association or its equivalent as defined by
19 department rule;
20 (f) Submit the certification fee and the nonrefundable
21 examination fee prescribed in s. 401.34, which examination fee
22 will be required for each examination administered to an
23 applicant; and
24 (g) Submit a completed application to the department,
25 which application documents compliance with paragraphs (a),
26 (b), (c), (e), (f), (g), and, if applicable, (d). The
27 application must be submitted so as to be received by the
28 department at least 30 calendar days before the next regularly
29 scheduled examination for which the applicant desires to be
30 scheduled.
31 (5) The certification examination must be offered
35
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 monthly. The department shall issue an examination admission
2 notice to the applicant advising him or her of the time and
3 place of the examination for which he or she is scheduled.
4 Individuals achieving a passing score on the certification
5 examination may be issued a temporary certificate with their
6 examination grade report. The department must issue an
7 original certification within 45 days after the examination.
8 Examination questions and answers are not subject to discovery
9 but may be introduced into evidence and considered only in
10 camera in any administrative proceeding under chapter 120. If
11 an administrative hearing is held, the department shall
12 provide challenged examination questions and answers to the
13 administrative law judge. The department shall establish by
14 rule the procedure by which an applicant, and the applicant's
15 attorney, may review examination questions and answers in
16 accordance with s. 119.07(3)(a).
17 (13) The department shall adopt a standard state
18 insignia for emergency medical technicians and paramedics. The
19 department shall establish by rule the requirements to display
20 the state emergency medical technician and paramedic insignia.
21 The rules may not require a person to wear the standard
22 insignia but must require that If a person wears any insignia
23 that identifies the person as a certified emergency medical
24 technician or paramedic in this state, the insignia must be
25 the standard state insignia adopted under this section. The
26 insignia must denote the individual's level of certification
27 at which he or she is functioning.
28 (14)(a) An applicant for initial certification under
29 this section must submit information and a set of fingerprints
30 to the Department of Health on a form and under procedures
31 specified by the department, along with payment in an amount
36
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 equal to the costs incurred by the Department of Health for a
2 a statewide criminal history check and a national criminal
3 history check of the applicant.
4 (b) An applicant for renewed certification who has not
5 previously submitted a set of fingerprints to the Department
6 of Health must submit information required to perform a
7 statewide criminal background check and a set of fingerprints
8 to the department for a national criminal history check as a
9 condition of the initial renewal of his or her certificate
10 after July 1, 2003. The applicant must submit the fingerprints
11 on a form and under procedures specified by the department for
12 a national criminal history check, along with payment in an
13 amount equal to the costs incurred by the department. For
14 subsequent renewals, the department shall, by rule, adopt an
15 application form that includes a sworn oath or affirmation
16 attesting to the existence of any criminal convictions,
17 regardless of plea or adjudication, which have occurred since
18 the previous certification. If there has been a criminal
19 conviction, the provisions of this subsection shall apply. The
20 department shall notify current certificateholders of their
21 requirement to undergo a criminal history background screening
22 sufficiently in advance of the 2004 biennial expiration for
23 the certificateholder to provide the required information
24 prior to submission of the renewal certification application.
25 Eligibility for renewal shall not be denied by the department
26 for the first renewal application subsequent to enactment of
27 this subsection for delays created in obtaining the criminal
28 history from the Department of Law Enforcement, the Federal
29 Bureau of Investigation, or the Division of State Fire Marshal
30 if the applicant has submitted the required criminal
31 background screening information or affidavit and fees with
37
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 the renewal certification application. A certificate that
2 expires on December 1, 2004, may be renewed subject to
3 withdrawal of certificating pending the department's
4 determination of whether the certificateholder will be granted
5 an exemption as provided in paragraph (h). The
6 certificateholder must make timely application for renewal and
7 request the exemption from denial prior to the expiration of
8 the certificate.
9 (c) Pursuant to the requirements of s. 120.60,
10 applications for certification must be processed within 90
11 days after receipt of a completed application. Applications
12 for certification are not complete until the criminal history
13 and certified copies of all court documents for those
14 applications with prior criminal convictions, pursuant to this
15 section, have been received by the department.
16 (d) The department shall submit the fingerprints and
17 information required for a statewide criminal history check to
18 the Department of Law Enforcement, and the Department of Law
19 Enforcement shall forward the fingerprints to the Federal
20 Bureau of Investigation for a national criminal history check
21 of the applicant.
22 (e) If an applicant has undergone a criminal history
23 check as a condition of employment or certification as a
24 firefighter under s. 633.34, the Division of State Fire
25 Marshal of the Department of Financial Services shall provide
26 the criminal history information regarding the applicant
27 seeking certification or renewal of certification under this
28 section to the department. Any applicant for initial
29 certification or renewal of certification who has already
30 submitted a set of fingerprints and information to the
31 Division of State Fire Marshal of the Department of Financial
38
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 Services for the criminal history check required for
2 employment and certification of firefighters under s. 633.34
3 within 2 years prior to application under this section is not
4 required to provide to the department a subsequent set of
5 fingerprints or other duplicate information required for a
6 criminal history check if the applicant submits an affidavit
7 in a form prescribed by the department attesting that he or
8 she has been a state resident for the previous 2 years.
9 (f) Notwithstanding the grounds for certification
10 denial outlined in s. 401.411, an applicant must not have been
11 found guilty of, regardless of plea or adjudication, any
12 offense prohibited under any of the following provisions of
13 the Florida Statutes or under any similar statute of another
14 jurisdiction:
15 1. Section 415.111, relating to abuse, neglect, or
16 exploitation of a vulnerable adult.
17 2. Section 782.04, relating to murder.
18 3. Section 782.07, relating to manslaughter,
19 aggravated manslaughter of an elderly person or disabled
20 adult, or aggravated manslaughter of a child.
21 4. Section 782.071, relating to vehicular homicide.
22 5. Section 782.09, relating to killing of an unborn
23 child by injury to the mother.
24 6. Section 784.011, relating to assault, if the victim
25 of the offense was a minor.
26 7. Section 784.021, relating to aggravated assault.
27 8. Section 784.03, relating to battery, if the victim
28 of the offense was a minor.
29 9. Section 784.045, relating to aggravated battery.
30 10. Section 784.01, relating to kidnapping.
31 11. Section 787.02, relating to false imprisonment.
39
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 12. Section 794.011, relating to sexual battery.
2 13. Former s. 794.041, relating to prohibited acts of
3 persons in familial or custodial authority.
4 14. Chapter 796, relating to prostitution.
5 15. Section 798.02, relating to lewd and lascivious
6 behavior.
7 16. Chapter 800, relating to lewdness and indecent
8 exposure.
9 17. Section 806.01, relating to arson.
10 18. Chapter 812, relating to theft, robbery, and
11 related crimes, only if the offense was a felony.
12 19. Section 817.563, relating to fraudulent sale of
13 controlled substances, only if the offense was a felony.
14 20. Section 825.102, relating to abuse, aggravated
15 abuse, or neglect of an elderly person or disabled adult.
16 21. Section 825.1025, relating to lewd or lascivious
17 offenses committed upon or in the presence of an elderly
18 person or disabled adult.
19 22. Section 825.103, relating to exploitation of an
20 elderly person or disabled adult, if the offense was a felony.
21 23. Section 826.04, relating to incest.
22 24. Section 827.03, relating to child abuse,
23 aggravated child abuse, or neglect of a child.
24 25. Section 827.04, relating to contributing to the
25 delinquency or dependency of a child.
26 26. Former s. 827.05, relating to negligent treatment
27 of children.
28 27. Section 827.071, relating to sexual performance by
29 a child.
30 28. Chapter 847, relating to obscene literature.
31 29. Chapter 893, relating to drug abuse prevention and
40
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 control, only if the offense was a felony or if any other
2 person involved in the offense was a minor.
3 30. An act that constitutes domestic violence, as
4 defined in s. 741.28.
5 (g) The department may grant to any applicant who
6 would otherwise be denied certification or recertification
7 under this subsection an exemption from that denial for:
8 1. Felonies committed more than 3 years prior to the
9 date of disqualification;
10 2. Misdemeanors prohibited under any of the Florida
11 Statutes cited in this subsection or under similar statutes of
12 other jurisdictions;
13 3. Offenses that were felonies when committed but that
14 are now misdemeanors;
15 4. Findings of delinquency; or
16 5. Commissions of acts of domestic violence as defined
17 in s. 741.28.
18 (h) For the department to grant an exemption to any
19 applicant under this section, the applicant must demonstrate
20 by clear and convincing evidence that the applicant should not
21 be disqualified from certification or renewed certification.
22 Applicants seeking an exemption have the burden of setting
23 forth sufficient evidence of rehabilitation, including, but
24 not limited to, the circumstances surrounding the criminal
25 incident for which an exemption is sought, the time period
26 that has elapsed since the incident, the nature of the harm
27 caused to the victim, and the history of the applicant since
28 the incident, or any other evidence or circumstances
29 indicating that the applicant will not present a danger if the
30 certification or renewed certification is granted. To make the
31 necessary demonstration, the applicant must request an
41
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 exemption and submit the required information supporting that
2 request at the time of application in order for the department
3 to make a determination in accordance with this section.
4 (i) Denial of certification or renewed certification
5 under paragraph (f) may not be removed from, nor may an
6 exemption be granted to, any applicant who is found guilty of,
7 regardless of plea or adjudication, any felony covered by
8 paragraph (f) solely by reason of any pardon, executive
9 clemency, or restoration of civil rights.
10 (k) If an applicant has undergone a criminal history
11 check as a condition of employment or licensing under any
12 Florida Statute within 2 years prior to application under this
13 section, the applicant may submit a copy of the official
14 Florida criminal history record or national criminal history
15 record produced under that requirement in lieu of the
16 fingerprint card required in paragraphs (a) and (b). The
17 department shall determine if the submission meets its
18 requirements, and, if not, the applicant shall be required to
19 comply with the provisions of this section. The department may
20 share criminal history background information with local,
21 state, and federal agencies for purposes of licensing or
22 employment background checks.
23 Section 90. Subsection (6) is added to section
24 401.2701, Florida Statutes, to read:
25 401.2701 Emergency medical services training
26 programs.--
27 (6) Training programs approved by the department
28 shall, at initiation of an emergency medical technician or
29 paramedic course, advise students of the certification and
30 regulatory requirements of this chapter, including, but not
31 limited to, the criminal history background screening
42
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 requirement for initial and renewal certification under s.
2 401.27. The department shall prescribe by rule the required
3 content of this component of the course.
4 Section 91. Subsection (2) of section 401.2715,
5 Florida Statutes, is amended to read:
6 401.2715 Recertification training of emergency medical
7 technicians and paramedics.--
8 (2) Any individual, institution, school, corporation,
9 or governmental entity may conduct emergency medical
10 technician or paramedic recertification training upon
11 application to the department and payment of a nonrefundable
12 fee to be deposited into the Emergency Medical Services Trust
13 Fund. Institutions conducting department-approved educational
14 programs as provided in this chapter and licensed ambulance
15 services are exempt from the application process and payment
16 of fees. The department shall adopt rules for the application
17 and payment of a fee not to exceed the actual cost of
18 administering this approval process. Upon application, the
19 department shall recognize any entity in this state which has
20 approval from the Continuing Education Coordinating Board for
21 Emergency Medical Services for courses in cardiopulmonary
22 resuscitation or advanced cardiac life support for
23 equivalency.
24 Section 92. Subsection (4) of section 404.056, Florida
25 Statutes, is amended to read:
26 404.056 Environmental radiation standards and
27 projects; certification of persons performing measurement or
28 mitigation services; mandatory testing; notification on real
29 estate documents; rules.--
30 (4) MANDATORY TESTING.--All public and private school
31 buildings or school sites housing students in kindergarten
43
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 through grade 12; all state-owned, state-operated,
2 state-regulated, or state-licensed 24-hour care facilities;
3 and all state-licensed day care centers for children or minors
4 which are located in counties designated within the Department
5 of Community Affairs' Florida Radon Protection Map Categories
6 as "Intermediate" or "Elevated Radon Potential" shall be
7 measured to determine the level of indoor radon, using
8 measurement procedures established by the department. Initial
9 measurements Testing shall be performed completed within the
10 first year of construction in 20 percent of the habitable
11 first floor spaces within any of the regulated buildings.
12 Initial measurements shall be completed and reported to the
13 department within 1 by July 1 of the year after the date the
14 building is opened for occupancy or within 1 year after
15 license approval for an entity residing in an existing
16 building. Followup testing must be completed in 5 percent of
17 the habitable first floor spaces within any of the regulated
18 buildings after the building has been occupied for 5 years,
19 and results must be reported to the department by the first
20 day July 1 of the 6th 5th year of occupancy. After radon
21 measurements have been made twice, regulated buildings need
22 not undergo further testing unless significant structural
23 changes occur. No funds collected pursuant to s. 553.721 shall
24 be used to carry out the provisions of this subsection.
25 Section 93. Subsection (5) of section 409.814, Florida
26 Statutes, is amended to read:
27 409.814 Eligibility.--A child whose family income is
28 equal to or below 200 percent of the federal poverty level is
29 eligible for the Florida Kidcare program as provided in this
30 section. In determining the eligibility of such a child, an
31 assets test is not required. An applicant under 19 years of
44
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 age who, based on a complete application, appears to be
2 eligible for the Medicaid component of the Florida Kidcare
3 program is presumed eligible for coverage under Medicaid,
4 subject to federal rules. A child who has been deemed
5 presumptively eligible for Medicaid shall not be enrolled in a
6 managed care plan until the child's full eligibility
7 determination for Medicaid has been completed. The Florida
8 Healthy Kids Corporation may, subject to compliance with
9 applicable requirements of the Agency for Health Care
10 Administration and the Department of Children and Family
11 Services, be designated as an entity to conduct presumptive
12 eligibility determinations. An applicant under 19 years of age
13 who, based on a complete application, appears to be eligible
14 for the Medikids, Florida Healthy Kids, or Children's Medical
15 Services network program component, who is screened as
16 ineligible for Medicaid and prior to the monthly verification
17 of the applicant's enrollment in Medicaid or of eligibility
18 for coverage under the state employee health benefit plan, may
19 be enrolled in and begin receiving coverage from the
20 appropriate program component on the first day of the month
21 following the receipt of a completed application. For
22 enrollment in the Children's Medical Services network, a
23 complete application includes the medical or behavioral health
24 screening. If, after verification, an individual is determined
25 to be ineligible for coverage, he or she must be disenrolled
26 from the respective Title XXI-funded Kidcare program
27 component.
28 (5) A child whose family income is above 200 percent
29 of the federal poverty level or a child who is excluded under
30 the provisions of subsection (4) may participate in the
31 Florida Healthy Kids program or the Medikids program, Kidcare
45
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 program, excluding the Medicaid program, but is subject to the
2 following provisions:
3 (a) The family is not eligible for premium assistance
4 payments and must pay the full cost of the premium, including
5 any administrative costs.
6 (b) The agency is authorized to place limits on
7 enrollment in Medikids by these children in order to avoid
8 adverse selection. The number of children participating in
9 Medikids whose family income exceeds 200 percent of the
10 federal poverty level must not exceed 10 percent of total
11 enrollees in the Medikids program.
12 (c) The board of directors of the Florida Healthy Kids
13 Corporation is authorized to place limits on enrollment of
14 these children in order to avoid adverse selection. In
15 addition, the board is authorized to offer a reduced benefit
16 package to these children in order to limit program costs for
17 such families. The number of children participating in the
18 Florida Healthy Kids program whose family income exceeds 200
19 percent of the federal poverty level must not exceed 10
20 percent of total enrollees in the Florida Healthy Kids
21 program.
22 (d) Children described in this subsection are not
23 counted in the annual enrollment ceiling for the Florida
24 Kidcare program.
25 Section 94. Section 409.91188, Florida Statutes, is
26 amended to read:
27 409.91188 Specialty prepaid health plans for Medicaid
28 recipients with HIV or AIDS.--
29 (1) The Agency for Health Care Administration shall
30 issue a request for proposal or intent to implement a is
31 authorized to contract with specialty prepaid health plans
46
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 authorized pursuant to subsection (2) of this section and to
2 pay them on a prepaid capitated basis to provide Medicaid
3 benefits to Medicaid-eligible recipients who have human
4 immunodeficiency syndrome (HIV) or acquired immunodeficiency
5 syndrome (AIDS). The agency shall apply for or amend existing
6 applications for and is authorized to implement federal
7 waivers or other necessary federal authorization to implement
8 the prepaid health plans authorized by this section. The
9 agency shall procure the specialty prepaid health plans
10 through a competitive procurement. In awarding a contract to a
11 managed care plan, the agency shall take into account price,
12 quality, accessibility, linkages to community-based
13 organizations, and the comprehensiveness of the benefit
14 package offered by the plan. The agency may bid the HIV/AIDS
15 specialty plans on a county, regional, or statewide basis.
16 Qualified plans must be licensed under chapter 641. The agency
17 shall monitor and evaluate the implementation of this waiver
18 program if it is approved by the Federal Government and shall
19 report on its status to the President of the Senate and the
20 Speaker of the House of Representatives by February 1, 2001.
21 To improve coordination of medical care delivery and to
22 increase cost efficiency for the Medicaid program in treating
23 HIV disease, the Agency for Health Care Administration shall
24 seek all necessary federal waivers to allow participation in
25 the Medipass HIV disease management program for Medicare
26 beneficiaries who test positive for HIV infection and who also
27 qualify for Medicaid benefits such as prescription medications
28 not covered by Medicare.
29 (2) The agency may contract with any public or private
30 entity authorized by this section on a prepaid or fixed-sum
31 basis for the provision of health care services to recipients.
47
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 An entity may provide prepaid services to recipients, either
2 directly or through arrangements with other entities. Each
3 entity shall:
4 (a) Be organized primarily for the purpose of
5 providing health care or other services of the type regularly
6 offered to Medicaid recipients in compliance with federal
7 laws.
8 (b) Ensure that services meet the standards set by the
9 agency for quality, appropriateness, and timeliness.
10 (c) Make provisions satisfactory to the agency for
11 insolvency protection and ensure that neither enrolled
12 Medicaid recipients nor the agency is liable for the debts of
13 the entity.
14 (d) Provide to the agency a financial plan that
15 ensures fiscal soundness and that may include provisions
16 pursuant to which the entity and the agency share in the risk
17 of providing health care services. The contractual arrangement
18 between an entity and the agency shall provide for risk
19 sharing. The agency may bear the cost of providing certain
20 services when those costs exceed established risk limits or
21 arrangements whereby certain services are specifically
22 excluded under the terms of the contract between an entity and
23 the agency.
24 (e) Provide, through contract or otherwise, for
25 periodic review of its medical facilities and services, as
26 required by the agency.
27 (f) Furnish evidence satisfactory to the agency of
28 adequate liability insurance coverage or an adequate plan of
29 self-insurance to respond to claims for injuries arising out
30 of the furnishing of health care.
31 (g) Provides organizational, operational, financial,
48
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 and other information required by the agency.
2 Section 95. Paragraph (d) of subsection (1) of section
3 455.227, Florida Statutes, is amended to read:
4 455.227 Grounds for discipline; penalties;
5 enforcement.--
6 (1) The following acts shall constitute grounds for
7 which the disciplinary actions specified in subsection (2) may
8 be taken:
9 (d) Using a Class III or a Class IV laser device or
10 product, as defined by federal regulations, without having
11 complied with the rules adopted pursuant to s. 404.24(2)
12 501.122(2) governing the registration of such devices.
13 Section 96. Subsection (7) of section 456.025, Florida
14 Statutes, is amended to read:
15 456.025 Fees; receipts; disposition.--
16 (7) Each board, or the department if there is no
17 board, shall establish, by rule, a fee not to exceed $250 for
18 anyone seeking approval to provide continuing education
19 courses or programs and shall establish by rule a biennial
20 renewal fee not to exceed $250 for the renewal of providership
21 of such courses. The fees collected from continuing education
22 providers shall be used for the purposes of reviewing course
23 provider applications, monitoring the integrity of the courses
24 provided, and covering legal expenses incurred as a result of
25 not granting or renewing a providership, and developing and
26 maintaining an electronic continuing education tracking
27 system. The department shall implement an electronic
28 continuing education tracking system for each new biennial
29 renewal cycle for which electronic renewals are implemented
30 after the effective date of this act and shall integrate such
31 system into the licensure and renewal system. All approved
49
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 continuing education providers shall provide information on
2 course attendance to the department necessary to implement the
3 electronic tracking system. The department shall, by rule,
4 specify the form and procedures by which the information is to
5 be submitted.
6 Section 97. Section 456.055, Florida Statutes, is
7 amended to read:
8 456.055 Chiropractic and podiatric health care; denial
9 of payment; limitation.--
10 (1) A chiropractic physician licensed under chapter
11 460 or a podiatric physician licensed under chapter 461 shall
12 not be denied payment for treatment rendered solely on the
13 basis that the chiropractic physician or podiatric physician
14 is not a member of a particular preferred provider
15 organization or exclusive provider organization which is
16 composed only of physicians licensed under the same chapter.
17 (2) A claim for payment of a service performed by a
18 health care provider licensed in this state, identified on the
19 claim by a Physicians' Current Procedural Terminology (CPT)
20 code, and submitted under a health insurance policy or health
21 care services plan or submitted to a preferred provider
22 organization, exclusive provider organization, or health
23 maintenance organization in which the health care provider
24 participates, shall be paid in the same amount to all health
25 care providers submitting a claim for payment of a service
26 identified by the same CPT code, regardless of the chapter
27 under which the health care provider is licensed.
28 (3) The provisions of this section may not be waived,
29 voided, or nullified by contract.
30 Section 98. Paragraph (d) of subsection (1) of section
31 460.406, Florida Statutes, is amended to read:
50
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 460.406 Licensure by examination.--
2 (1) Any person desiring to be licensed as a
3 chiropractic physician shall apply to the department to take
4 the licensure examination. There shall be an application fee
5 set by the board not to exceed $100 which shall be
6 nonrefundable. There shall also be an examination fee not to
7 exceed $500 plus the actual per applicant cost to the
8 department for purchase of portions of the examination from
9 the National Board of Chiropractic Examiners or a similar
10 national organization, which may be refundable if the
11 applicant is found ineligible to take the examination. The
12 department shall examine each applicant who the board
13 certifies has:
14 (d)1. For an applicant who has matriculated in a
15 chiropractic college prior to July 2, 1990, completed at least
16 2 years of residence college work, consisting of a minimum of
17 one-half the work acceptable for a bachelor's degree granted
18 on the basis of a 4-year period of study, in a college or
19 university accredited by an accrediting agency recognized and
20 approved by the United States Department of Education.
21 However, prior to being certified by the board to sit for the
22 examination, each applicant who has matriculated in a
23 chiropractic college after July 1, 1990, shall have been
24 granted a bachelor's degree, based upon 4 academic years of
25 study, by a college or university accredited by a regional
26 accrediting agency which is recognized and approved by the
27 Council for Higher Education Accreditation or the United
28 States Department of Education a member of the Commission on
29 Recognition of Postsecondary Accreditation.
30 2. Effective July 1, 2000, completed, prior to
31 matriculation in a chiropractic college, at least 3 years of
51
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 residence college work, consisting of a minimum of 90 semester
2 hours leading to a bachelor's degree in a liberal arts college
3 or university accredited by an accrediting agency recognized
4 and approved by the United States Department of Education.
5 However, prior to being certified by the board to sit for the
6 examination, each applicant who has matriculated in a
7 chiropractic college after July 1, 2000, shall have been
8 granted a bachelor's degree from an institution holding
9 accreditation for that degree from a regional accrediting
10 agency which is recognized by the United States Department of
11 Education. The applicant's chiropractic degree must consist
12 of credits earned in the chiropractic program and may not
13 include academic credit for courses from the bachelor's
14 degree.
15 Section 99. Paragraph (b) of subsection (1) of section
16 463.006, Florida Statutes, is amended to read:
17 463.006 Licensure and certification by examination.--
18 (1) Any person desiring to be a licensed practitioner
19 pursuant to this chapter shall apply to the department to take
20 the licensure and certification examinations. The department
21 shall examine each applicant who the board determines has:
22 (b) Submitted proof satisfactory to the department
23 that she or he:
24 1. Is at least 18 years of age.
25 2. Has graduated from an accredited school or college
26 of optometry approved by rule of the board.
27 3. Is of good moral character.
28 4. Has successfully completed at least 110 hours of
29 transcript-quality coursework and clinical training in general
30 and ocular pharmacology as determined by the board, at an
31 institution that:
52
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 a. Has facilities for both didactic and clinical
2 instructions in pharmacology; and
3 b. Is accredited by a regional or professional
4 accrediting organization that is recognized and approved by
5 the Council for Higher Education Accreditation Commission on
6 Recognition of Postsecondary Accreditation or the United
7 States Department of Education.
8 5. Has completed at least 1 year of supervised
9 experience in differential diagnosis of eye disease or
10 disorders as part of the optometric training or in a clinical
11 setting as part of the optometric experience.
12 Section 100. Subsection (8) of section 467.009,
13 Florida Statutes, is amended to read:
14 467.009 Midwifery programs; education and training
15 requirements.--
16 (8) Nonpublic educational institutions that conduct
17 approved midwifery programs shall be accredited by an
18 accrediting agency recognized and approved by the Council for
19 Higher Education Accreditation or the United States Department
20 of Education a member of the Commission on Recognition of
21 Postsecondary Accreditation and shall be licensed by the
22 Commission for Independent Education State Board of Nonpublic
23 Career Education.
24 Section 101. Paragraph (g) of subsection (3) of
25 section 468.302, Florida Statutes, is amended to read:
26 468.302 Use of radiation; identification of certified
27 persons; limitations; exceptions.--
28 (3)
29 (g)1. A person holding a certificate as a nuclear
30 medicine technologist may only:
31 a. Conduct in vivo and in vitro measurements of
53
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 radioactivity and administer radiopharmaceuticals to human
2 beings for diagnostic and therapeutic purposes.
3 b. Administer X radiation from a combination nuclear
4 medicine-computed tomography device if that radiation is
5 administered as an integral part of a nuclear medicine
6 procedure that uses an automated computed tomography protocol
7 for the purposes of attenuation correction and anatomical
8 localization and the person has received device-specific
9 training on the combination device.
10 2. However, The authority of a nuclear medicine
11 technologist under this paragraph excludes:
12 a. Radioimmunoassay and other clinical laboratory
13 testing regulated pursuant to chapter 483.
14 b. Creating or modifying automated computed tomography
15 protocols.
16 c. Any other operation of a computed tomography
17 device, especially for the purposes of stand-alone diagnostic
18 imaging, which is regulated pursuant to the general
19 radiographic scope in this part.
20 Section 102. Subsection (2) of section 468.509,
21 Florida Statutes, is amended to read:
22 468.509 Dietitian/nutritionist; requirements for
23 licensure.--
24 (2) The agency shall examine any applicant who the
25 board certifies has completed the application form and
26 remitted the application and examination fees specified in s.
27 468.508 and who:
28 (a)1. Possesses a baccalaureate or postbaccalaureate
29 degree with a major course of study in human nutrition, food
30 and nutrition, dietetics, or food management, or an equivalent
31 major course of study, from a school or program accredited, at
54
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 the time of the applicant's graduation, by the appropriate
2 accrediting agency recognized by the Council for Higher
3 Education Accreditation or Commission on Recognition of
4 Postsecondary Accreditation and the United States Department
5 of Education; and
6 2. Has completed a preprofessional experience
7 component of not less than 900 hours or has education or
8 experience determined to be equivalent by the board; or
9 (b)1. Has an academic degree, from a foreign country,
10 that has been validated by an accrediting agency approved by
11 the United States Department of Education as equivalent to the
12 baccalaureate or postbaccalaureate degree conferred by a
13 regionally accredited college or university in the United
14 States;
15 2. Has completed a major course of study in human
16 nutrition, food and nutrition, dietetics, or food management;
17 and
18 3. Has completed a preprofessional experience
19 component of not less than 900 hours or has education or
20 experience determined to be equivalent by the board.
21 Section 103. Paragraph (a) of subsection (1) of
22 section 468.707, Florida Statutes, is amended to read:
23 468.707 Licensure by examination; requirements.--
24 (1) Any person desiring to be licensed as an athletic
25 trainer shall apply to the department on a form approved by
26 the department.
27 (a) The department shall license each applicant who:
28 1. Has completed the application form and remitted the
29 required fees.
30 2. Is at least 21 years of age.
31 3. Has obtained a baccalaureate degree from a college
55
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 or university accredited by an accrediting agency recognized
2 and approved by the United States Department of Education or
3 the Council for Higher Education Accreditation or Commission
4 on Recognition of Postsecondary Accreditation approved by the
5 board.
6 4. Has completed coursework from a college or
7 university accredited by an accrediting agency recognized and
8 approved by the United States Department of Education or the
9 Council for Higher Education Accreditation Commission on
10 Recognition of Postsecondary Accreditation, or approved by the
11 board, in each of the following areas, as provided by rule:
12 health, human anatomy, kinesiology/biomechanics, human
13 physiology, physiology of exercise, basic athletic training,
14 and advanced athletic training.
15 5. Has current certification in standard first aid and
16 cardiovascular pulmonary resuscitation from the American Red
17 Cross or an equivalent certification as determined by the
18 board.
19 6. Has, within 2 of the preceding 5 years, attained a
20 minimum of 800 hours of athletic training experience under the
21 direct supervision of a licensed athletic trainer or an
22 athletic trainer certified by the National Athletic Trainers'
23 Association or a comparable national athletic standards
24 organization.
25 7. Has passed an examination administered or approved
26 by the board.
27 Section 104. Section 486.031, Florida Statutes, is
28 amended to read:
29 486.031 Physical therapist; licensing
30 requirements.--To be eligible for licensing as a physical
31 therapist, an applicant must:
56
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 (1) Be at least 18 years old;
2 (2) Be of good moral character; and
3 (3)(a) Have been graduated from a school of physical
4 therapy which has been approved for the educational
5 preparation of physical therapists by the appropriate
6 accrediting agency recognized by the Council for Higher
7 Education Accreditation Commission on Recognition of
8 Postsecondary Accreditation or the United States Department of
9 Education at the time of her or his graduation and have
10 passed, to the satisfaction of the board, the American
11 Registry Examination prior to 1971 or a national examination
12 approved by the board to determine her or his fitness for
13 practice as a physical therapist as hereinafter provided;
14 (b) Have received a diploma from a program in physical
15 therapy in a foreign country and have educational credentials
16 deemed equivalent to those required for the educational
17 preparation of physical therapists in this country, as
18 recognized by the appropriate agency as identified by the
19 board, and have passed to the satisfaction of the board an
20 examination to determine her or his fitness for practice as a
21 physical therapist as hereinafter provided; or
22 (c) Be entitled to licensure without examination as
23 provided in s. 486.081.
24 Section 105. Section 486.102, Florida Statutes, is
25 amended to read:
26 486.102 Physical therapist assistant; licensing
27 requirements.--To be eligible for licensing by the board as a
28 physical therapist assistant, an applicant must:
29 (1) Be at least 18 years old;
30 (2) Be of good moral character; and
31 (3)(a) Have been graduated from a school giving a
57
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 course of not less than 2 years for physical therapist
2 assistants, which has been approved for the educational
3 preparation of physical therapist assistants by the
4 appropriate accrediting agency recognized by the Council for
5 Higher Education Accreditation Commission on Recognition of
6 Postsecondary Accreditation or the United States Department of
7 Education at the time of her or his graduation and have passed
8 to the satisfaction of the board an examination to determine
9 her or his fitness for practice as a physical therapist
10 assistant as hereinafter provided;
11 (b) Have been graduated from a school giving a course
12 for physical therapist assistants in a foreign country and
13 have educational credentials deemed equivalent to those
14 required for the educational preparation of physical therapist
15 assistants in this country, as recognized by the appropriate
16 agency as identified by the board, and passed to the
17 satisfaction of the board an examination to determine her or
18 his fitness for practice as a physical therapist assistant as
19 hereinafter provided; or
20 (c) Be entitled to licensure without examination as
21 provided in s. 486.107.
22 Section 106. Paragraph (a) of subsection (5) of
23 section 489.553, Florida Statutes, is amended to read:
24 489.553 Administration of part; registration
25 qualifications; examination.--
26 (5) To be eligible for registration by the department
27 as a master septic tank contractor, the applicant must:
28 (a) Have been a registered septic tank contractor in
29 Florida for at least 3 years or a plumbing contractor
30 certified under part I of this chapter who has provided septic
31 tank contracting services for at least 3 years. The 3 years
58
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 must immediately precede the date of application and may not
2 be interrupted by any probation, suspension, or revocation
3 imposed by the licensing agency.
4 Section 107. Section 489.554, Florida Statutes, is
5 amended to read:
6 489.554 Registration renewal.--
7 (1) The department shall prescribe by rule the method
8 for approval of continuing education courses, and for renewal
9 of annual registration, for inactive status for late filing of
10 a renewal application, for allowing a contractor to hold his
11 or her registration in inactive status for a specified period,
12 and for reactivating a license.
13 (2) At a minimum, annual renewal shall include
14 continuing education requirements of not less than 6 classroom
15 hours annually for septic tank contractors and not less than
16 12 classroom hours annually for master septic tank
17 contractors. The 12 classroom hours of continuing education
18 required for master septic tank contractors may include the 6
19 classroom hours required for septic tank contractors, but at a
20 minimum must include 6 classroom hours of approved master
21 septic tank contractor coursework.
22 (3) A certificate of registration shall become
23 inactive if a renewal application is not filed in a timely
24 manner. A certificate that has become inactive may be
25 reactivated under this section by application to the
26 department. A licensed contractor may apply to the department
27 for voluntary inactive status at any time during the period of
28 registration.
29 (4) A master septic tank contractor may elect to
30 revert to registered septic tank contractor status at any time
31 during the period of registration. The department shall
59
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 prescribe by rule the method for a master septic tank
2 contractor whose registration has reverted to registered
3 septic tank contractor status to apply for master septic tank
4 contractor status.
5 (5) The department shall deny an application for
6 renewal if there is any outstanding administrative penalty
7 against the applicant which is final agency action and all
8 judicial reviews are exhausted.
9 Section 108. Paragraph (b) of subsection (2) of
10 section 490.005, Florida Statutes, is amended to read:
11 490.005 Licensure by examination.--
12 (2) Any person desiring to be licensed as a school
13 psychologist shall apply to the department to take the
14 licensure examination. The department shall license each
15 applicant who the department certifies has:
16 (b) Submitted satisfactory proof to the department
17 that the applicant:
18 1. Has received a doctorate, specialist, or equivalent
19 degree from a program primarily psychological in nature and
20 has completed 60 semester hours or 90 quarter hours of
21 graduate study, in areas related to school psychology as
22 defined by rule of the department, from a college or
23 university which at the time the applicant was enrolled and
24 graduated was accredited by an accrediting agency recognized
25 and approved by the Council for Higher Education Accreditation
26 or the United States Department of Education Commission on
27 Recognition of Postsecondary Accreditation or an institution
28 which is publicly recognized as a member in good standing with
29 the Association of Universities and Colleges of Canada.
30 2. Has had a minimum of 3 years of experience in
31 school psychology, 2 years of which must be supervised by an
60
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 individual who is a licensed school psychologist or who has
2 otherwise qualified as a school psychologist supervisor, by
3 education and experience, as set forth by rule of the
4 department. A doctoral internship may be applied toward the
5 supervision requirement.
6 3. Has passed an examination provided by the
7 department.
8 Section 109. Paragraph (b) of subsection (3) and
9 paragraph (b) of subsection (4) of section 491.005, Florida
10 Statutes, are amended to read:
11 491.005 Licensure by examination.--
12 (3) MARRIAGE AND FAMILY THERAPY.--Upon verification of
13 documentation and payment of a fee not to exceed $200, as set
14 by board rule, plus the actual cost to the department for the
15 purchase of the examination from the Association of Marital
16 and Family Therapy Regulatory Board, or similar national
17 organization, the department shall issue a license as a
18 marriage and family therapist to an applicant who the board
19 certifies:
20 (b)1. Has a minimum of a master's degree with major
21 emphasis in marriage and family therapy, or a closely related
22 field, and has completed all of the following requirements:
23 a. Thirty-six semester hours or 48 quarter hours of
24 graduate coursework, which must include a minimum of 3
25 semester hours or 4 quarter hours of graduate-level course
26 credits in each of the following nine areas: dynamics of
27 marriage and family systems; marriage therapy and counseling
28 theory and techniques; family therapy and counseling theory
29 and techniques; individual human development theories
30 throughout the life cycle; personality theory or general
31 counseling theory and techniques; psychopathology; human
61
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 sexuality theory and counseling techniques; psychosocial
2 theory; and substance abuse theory and counseling techniques.
3 Courses in research, evaluation, appraisal, assessment, or
4 testing theories and procedures; thesis or dissertation work;
5 or practicums, internships, or fieldwork may not be applied
6 toward this requirement.
7 b. A minimum of one graduate-level course of 3
8 semester hours or 4 quarter hours in legal, ethical, and
9 professional standards issues in the practice of marriage and
10 family therapy or a course determined by the board to be
11 equivalent.
12 c. A minimum of one graduate-level course of 3
13 semester hours or 4 quarter hours in diagnosis, appraisal,
14 assessment, and testing for individual or interpersonal
15 disorder or dysfunction; and a minimum of one 3-semester-hour
16 or 4-quarter-hour graduate-level course in behavioral research
17 which focuses on the interpretation and application of
18 research data as it applies to clinical practice. Credit for
19 thesis or dissertation work, practicums, internships, or
20 fieldwork may not be applied toward this requirement.
21 d. A minimum of one supervised clinical practicum,
22 internship, or field experience in a marriage and family
23 counseling setting, during which the student provided 180
24 direct client contact hours of marriage and family therapy
25 services under the supervision of an individual who met the
26 requirements for supervision under paragraph (c). This
27 requirement may be met by a supervised practice experience
28 which took place outside the academic arena, but which is
29 certified as equivalent to a graduate-level practicum or
30 internship program which required a minimum of 180 direct
31 client contact hours of marriage and family therapy services
62
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 currently offered within an academic program of a college or
2 university accredited by an accrediting agency approved by the
3 United States Department of Education, or an institution which
4 is publicly recognized as a member in good standing with the
5 Association of Universities and Colleges of Canada or a
6 training institution accredited by the Commission on
7 Accreditation for Marriage and Family Therapy Education
8 recognized by the United States Department of Education.
9 Certification shall be required from an official of such
10 college, university, or training institution.
11 2. If the course title which appears on the
12 applicant's transcript does not clearly identify the content
13 of the coursework, the applicant shall be required to provide
14 additional documentation, including, but not limited to, a
15 syllabus or catalog description published for the course.
16
17 The required master's degree must have been received in an
18 institution of higher education which at the time the
19 applicant graduated was: fully accredited by a regional
20 accrediting body recognized by the Council for Higher
21 Education Accreditation or the United States Department of
22 Education Commission on Recognition of Postsecondary
23 Accreditation; publicly recognized as a member in good
24 standing with the Association of Universities and Colleges of
25 Canada; or an institution of higher education located outside
26 the United States and Canada, which at the time the applicant
27 was enrolled and at the time the applicant graduated
28 maintained a standard of training substantially equivalent to
29 the standards of training of those institutions in the United
30 States which are accredited by a regional accrediting body
31 recognized by the Council for Higher Education Accreditation
63
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 or the United States Department of Education Commission on
2 Recognition of Postsecondary Accreditation. Such foreign
3 education and training must have been received in an
4 institution or program of higher education officially
5 recognized by the government of the country in which it is
6 located as an institution or program to train students to
7 practice as professional marriage and family therapists or
8 psychotherapists. The burden of establishing that the
9 requirements of this provision have been met shall be upon the
10 applicant, and the board shall require documentation, such as,
11 but not limited to, an evaluation by a foreign equivalency
12 determination service, as evidence that the applicant's
13 graduate degree program and education were equivalent to an
14 accredited program in this country. An applicant with a
15 master's degree from a program which did not emphasize
16 marriage and family therapy may complete the coursework
17 requirement in a training institution fully accredited by the
18 Commission on Accreditation for Marriage and Family Therapy
19 Education recognized by the United States Department of
20 Education.
21 (4) MENTAL HEALTH COUNSELING.--Upon verification of
22 documentation and payment of a fee not to exceed $200, as set
23 by board rule, plus the actual per applicant cost to the
24 department for purchase of the examination from the
25 Professional Examination Service for the National Academy of
26 Certified Clinical Mental Health Counselors or a similar
27 national organization, the department shall issue a license as
28 a mental health counselor to an applicant who the board
29 certifies:
30 (b)1. Has a minimum of an earned master's degree from
31 a mental health counseling program accredited by the Council
64
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 for the Accreditation of Counseling and Related Educational
2 Programs that consists of at least 60 semester hours or 80
3 quarter hours of clinical and didactic instruction, including
4 a course in human sexuality and a course in substance abuse.
5 If the master's degree is earned from a program related to the
6 practice of mental health counseling that is not accredited by
7 the Council for the Accreditation of Counseling and Related
8 Educational Programs, then the coursework and practicum,
9 internship, or fieldwork must consist of at least 60 semester
10 hours or 80 quarter hours and meet the following requirements:
11 a. Thirty-three semester hours or 44 quarter hours of
12 graduate coursework, which must include a minimum of 3
13 semester hours or 4 quarter hours of graduate-level coursework
14 in each of the following 11 content areas: counseling theories
15 and practice; human growth and development; diagnosis and
16 treatment of psychopathology; human sexuality; group theories
17 and practice; individual evaluation and assessment; career and
18 lifestyle assessment; research and program evaluation; social
19 and cultural foundations; counseling in community settings;
20 and substance abuse. Courses in research, thesis or
21 dissertation work, practicums, internships, or fieldwork may
22 not be applied toward this requirement.
23 b. A minimum of 3 semester hours or 4 quarter hours of
24 graduate-level coursework in legal, ethical, and professional
25 standards issues in the practice of mental health counseling,
26 which includes goals, objectives, and practices of
27 professional counseling organizations, codes of ethics, legal
28 considerations, standards of preparation, certifications and
29 licensing, and the role identity and professional obligations
30 of mental health counselors. Courses in research, thesis or
31 dissertation work, practicums, internships, or fieldwork may
65
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 not be applied toward this requirement.
2 c. The equivalent, as determined by the board, of at
3 least 1,000 hours of university-sponsored supervised clinical
4 practicum, internship, or field experience as required in the
5 accrediting standards of the Council for Accreditation of
6 Counseling and Related Educational Programs for mental health
7 counseling programs. This experience may not be used to
8 satisfy the post-master's clinical experience requirement.
9 2. If the course title which appears on the
10 applicant's transcript does not clearly identify the content
11 of the coursework, the applicant shall be required to provide
12 additional documentation, including, but not limited to, a
13 syllabus or catalog description published for the course.
14
15 Education and training in mental health counseling must have
16 been received in an institution of higher education which at
17 the time the applicant graduated was: fully accredited by a
18 regional accrediting body recognized by the Council for Higher
19 Education Accreditation or the United States Department of
20 Education Commission on Recognition of Postsecondary
21 Accreditation; publicly recognized as a member in good
22 standing with the Association of Universities and Colleges of
23 Canada; or an institution of higher education located outside
24 the United States and Canada, which at the time the applicant
25 was enrolled and at the time the applicant graduated
26 maintained a standard of training substantially equivalent to
27 the standards of training of those institutions in the United
28 States which are accredited by a regional accrediting body
29 recognized by the Council for Higher Education Accreditation
30 or the United States Department of Education Commission on
31 Recognition of Postsecondary Accreditation. Such foreign
66
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 education and training must have been received in an
2 institution or program of higher education officially
3 recognized by the government of the country in which it is
4 located as an institution or program to train students to
5 practice as mental health counselors. The burden of
6 establishing that the requirements of this provision have been
7 met shall be upon the applicant, and the board shall require
8 documentation, such as, but not limited to, an evaluation by a
9 foreign equivalency determination service, as evidence that
10 the applicant's graduate degree program and education were
11 equivalent to an accredited program in this country.
12 Section 110. Subsection (6) of section 499.003,
13 Florida Statutes, is amended to read:
14 499.003 Definitions of terms used in ss.
15 499.001-499.081.--As used in ss. 499.001-499.081, the term:
16 (6) "Compressed medical gas" means any liquefied or
17 vaporized gas that is classified as a prescription drug or
18 medical device, whether it is alone or in combination with
19 other gases.
20 Section 111. Subsection (2) of section 499.007,
21 Florida Statutes, is amended to read:
22 499.007 Misbranded drug or device.--A drug or device
23 is misbranded:
24 (2) Unless, if in package form, it bears a label
25 containing:
26 (a) The name and place of business of the manufacturer
27 or distributor; in addition, for a medicinal drug, as defined
28 in s. 499.003, the label must contain the name and place of
29 business of the manufacturer of the finished dosage form of
30 the drug. For the purpose of this paragraph, the finished
31 dosage form of a medicinal drug is that form of the drug which
67
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 is, or is intended to be, dispensed or administered to the
2 patient and requires no further manufacturing or processing
3 other than packaging, reconstitution, and labeling; and
4 (b) An accurate statement of the quantity of the
5 contents in terms of weight, measure, or numerical count;
6 however, under this section, reasonable variations are
7 permitted, and the department shall establish by rule
8 exemptions for small packages.
9
10 A drug dispensed by filling or refilling a written or oral
11 prescription of a practitioner licensed by law to prescribe
12 such drug is exempt from the requirements of this section,
13 except subsections (1), (8), (10), and (11) and the packaging
14 requirements of subsections (6) and (7), if the drug bears a
15 label that contains the name and address of the dispenser or
16 seller, the prescription number and the date the prescription
17 was written or filled, the name of the prescriber and the name
18 of the patient, and the directions for use and cautionary
19 statements. This exemption does not apply to any drug
20 dispensed in the course of the conduct of a business of
21 dispensing drugs pursuant to diagnosis by mail or to any drug
22 dispensed in violation of subsection (12). The department
23 may, by rule, exempt drugs subject to ss. 499.062-499.064 from
24 subsection (12) if compliance with that subsection is not
25 necessary to protect the public health, safety, and welfare.
26 Section 112. Paragraph (e) of subsection (1) of
27 section 499.01, Florida Statutes, is amended to read:
28 499.01 Permits; applications; renewal; general
29 requirements.--
30 (1) Any person that is required under ss.
31 499.001-499.081 to have a permit must apply to the department
68
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 on forms furnished by the department.
2 (e) The department may not issue a permit for a
3 prescription drug manufacturer, prescription drug wholesaler,
4 or retail pharmacy wholesaler may not be issued to the address
5 of a health care entity, except as provided in this paragraph.
6 The department may issue a prescription drug manufacturer
7 permit to an applicant at the same address as a licensed
8 nuclear pharmacy that is a health care entity for the purpose
9 of manufacturing prescription drugs used in positron emission
10 tomography or other radiopharmaceuticals, as listed in a rule
11 adopted by the department pursuant to this paragraph. The
12 purpose of this exemption is to assure availability of
13 state-of-the-art pharmaceuticals that would pose a significant
14 danger to the public health if manufactured at a separate
15 establishment address other than the nuclear pharmacy from
16 which the prescription drugs are dispensed.
17 Section 113. Paragraph (b) of subsection (6) of
18 section 499.0121, Florida Statutes, is amended to read:
19 499.0121 Storage and handling of prescription drugs;
20 recordkeeping.--The department shall adopt rules to implement
21 this section as necessary to protect the public health,
22 safety, and welfare. Such rules shall include, but not be
23 limited to, requirements for the storage and handling of
24 prescription drugs and for the establishment and maintenance
25 of prescription drug distribution records.
26 (6) RECORDKEEPING.--The department shall adopt rules
27 that require keeping such records of prescription drugs as are
28 necessary for the protection of the public health.
29 (b) Inventories and records must be made available for
30 inspection and photocopying by authorized federal, state, or
31 local officials for a period of 2 years following disposition
69
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 of the drugs or 3 years after the date the inventory or record
2 was created, whichever is longer.
3
4 For the purposes of this subsection, the term "authorized
5 distributors of record" means those distributors with whom a
6 manufacturer has established an ongoing relationship to
7 distribute the manufacturer's products.
8 Section 114. Section 501.122, Florida Statutes, is
9 transferred and renumbered as section 404.24, Florida
10 Statutes.
11 Section 115. Section 784.081, Florida Statutes, is
12 amended to read:
13 784.081 Assault or battery on specified officials or
14 employees; reclassification of offenses.--Whenever a person is
15 charged with committing an assault or aggravated assault or a
16 battery or aggravated battery upon any elected official or
17 employee of: a school district; a private school; the Florida
18 School for the Deaf and the Blind; a university developmental
19 research school; a state university or any other entity of the
20 state system of public education, as defined in s. 1000.04; an
21 employee or protective investigator of the Department of
22 Children and Family Services; or an employee of a lead
23 community-based provider and its direct service contract
24 providers; or an employee of the Department of Health and its
25 direct service contract providers, when the person committing
26 the offense knows or has reason to know the identity or
27 position or employment of the victim, the offense for which
28 the person is charged shall be reclassified as follows:
29 (1) In the case of aggravated battery, from a felony
30 of the second degree to a felony of the first degree.
31 (2) In the case of aggravated assault, from a felony
70
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 of the third degree to a felony of the second degree.
2 (3) In the case of battery, from a misdemeanor of the
3 first degree to a felony of the third degree.
4 (4) In the case of assault, from a misdemeanor of the
5 second degree to a misdemeanor of the first degree.
6 Section 116. Section 945.6038, Florida Statutes, is
7 created to read:
8 945.6038 Additional services.--The authority may enter
9 into an agreement or may contract with the Department of
10 Children and Family Services, subject to the availability of
11 funds, to conduct surveys of medical services and to provide
12 medical quality assurance and improvement assistance at secure
13 confinement and treatment facilities for persons confined
14 under part V of chapter 394. The authority may enter into
15 similar agreements with other state agencies, subject to the
16 availability of funds. The authority may not enter any such
17 agreement if to do so would impair the authority's ability to
18 fulfill its obligations under this chapter.
19 Section 117. Section 154.317, Florida Statutes, is
20 created to read:
21 154.317 County financial responsibility for trauma
22 care.--
23 (1) Notwithstanding ss. 154.301-154.316, each county
24 shall participate in supporting a regionalized system of
25 trauma care which provides reimbursement to hospitals that are
26 trauma centers, approved in accordance with s. 395.4025.
27 Financial responsibility shall be limited to uninsured or
28 underinsured inpatients with primary or secondary diagnoses of
29 DRG 484-487. For purposes of this section, the term
30 "underinsured" means insurance coverage for a person who is an
31 inpatient which is inadequate to cover the cost of that
71
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 patient's care.
2 (2) Payment levels may not exceed the statewide
3 average cost per trauma patient in each level of designated
4 trauma center. Initial payment rates, subject to annual
5 updates by the Agency for Health Care Administration, are:
6 (a) Level I: $14,000 per trauma patient;
7 (b) Level II: $9,000 per trauma patient; and
8 (c) Pediatric: $6,000 per trauma patient.
9 (3) Counties shall be designated as responsible for
10 payment if:
11 (a) The county of residence has unspent funds received
12 under this part at the end of the fiscal year in which the
13 hospitalization occurs, but in no case shall the county's
14 responsibility exceed the amount of spent funds.
15 (b) The responsible county is exempt based on the
16 following criteria:
17 1. The county population in the most recent United
18 States Census totals fewer than 30,000 residents and the
19 proportion of county residents with incomes below the poverty
20 level exceeds 20 percent;
21 2. The property tax rate, including special districts
22 and municipal service taxes, of the county equals or exceeds
23 10 mills; or
24 3. The responsible county is currently contributing to
25 the financial support of a regional trauma system through
26 direct funding of trauma care, tax district support for
27 hospitals in the county designated as trauma centers, or under
28 the terms of an intergovernmental agreement with other
29 counties in the trauma region or a written agreement with the
30 nearest trauma center.
31 (c) Residence in the county at the time of the
72
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 hospitalization is verified by:
2 1. Current active driver's license;
3 2. Mortgage, lease, or rental receipt or letter from a
4 landlord;
5 3. Water, electric, or other public utility bill in
6 the name of the patient or a family member at a residential
7 address within the county;
8 4. A state, county, or federal document mailed to the
9 patient at a residential address within the county;
10 5. Vehicle registration in the name of the patient or
11 a family member at a residential address within the county;
12 6. Voter registration; or
13 7. Proof of children enrolled in public schools within
14 the county.
15 (4) Each county shall pay the amount specified in this
16 section, as determined by the Agency for Health Care
17 Administration, into the Medicaid Grants and Donations Trust
18 Fund. These funds shall be used in special Medicaid payments
19 to enhance the public funds available for federal matching
20 purposes. The total special Medicaid payments funded by these
21 county payments shall be paid to state-approved trauma centers
22 and shall be distributed in accordance with the General
23 Appropriations Act or other legislation related to
24 appropriations.
25 Section 118. Section 381.85, subsection (9) of section
26 381.0098, paragraph (f) of subsection (2) of section 385.103,
27 section 385.205, section 385.209, and subsection (7) of
28 section 445.033, Florida Statutes, are repealed.
29 Section 119. Section 57 of chapter 98-288, Laws of
30 Florida, is repealed.
31
73
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 (Redesignate subsequent sections.)
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 8, line 30, after the semicolon,
7
8 insert:
9 amending s. 17.41, F.S.; providing for funds
10 from the tobacco settlement to be transferred
11 to the Biomedical Trust Fund within the
12 Department of Health Services and Community
13 Health Resources and the Division of Health
14 Awareness and Tobacco; amending s. 20.43, F.S.;
15 establishing the Division of Disability
16 Determinations within the Department of Health
17 and renaming the Division of Emergency Medical
18 Services and Community Health Resources and the
19 Division of Health Awareness and Tobacco;
20 amending s. 154.01, F.S.; providing for
21 environmental health services to include
22 investigations of elevated blood lead levels;
23 authorizing the expenditure of funds for such
24 investigations; creating s. 216.342, F.S.;
25 authorizing the expenditure of funds in the
26 United States Trust Fund for the operation of
27 the Division of Disability Determinations;
28 amending s. 381.0011, F.S.; revising duties of
29 the department with respect to injury
30 prevention and control; amending s. 381.004,
31 F.S.; revising requirements for the release of
74
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 HIV test results; amending s. 381.0065, F.S.,
2 relating to onsite sewage treatment and
3 disposal systems; clarifying a definition;
4 deleting obsolete provisions; amending s.
5 381.0066, F.S.; deleting a limitation on the
6 period for imposing a fee on new sewage system
7 construction; amending s. 381.0072, F.S.;
8 clarifying provisions governing the authority
9 of the department to adopt and enforce
10 sanitation rules; creating s. 381.104, F.S.;
11 authorizing state agencies to establish
12 employee health and wellness programs;
13 providing requirements for the programs;
14 requiring the use of an employee health and
15 wellness activity agreement form; requiring an
16 evaluation and improvement process for the
17 program; requiring the department to provide
18 model program guidelines; creating s. 381.86,
19 F.S.; creating the Review Council for Human
20 Subjects within the Department of Health;
21 providing duties and membership; providing for
22 reimbursement for per diem and travel expenses;
23 requiring the department to charge for costs
24 incurred by the council for research oversight;
25 providing an exception; requiring the
26 department to adopt rules; amending s. 381.89,
27 F.S.; revising the fees imposed for the
28 licensure of tanning facilities; amending s.
29 381.90, F.S.; revising the membership of the
30 Health Information Systems Council; revising
31 the date for submitting an annual plan;
75
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 amending s. 383.14, F.S.; clarifying provisions
2 with respect to the screening of newborns;
3 amending s. 384.25, F.S.; revising requirements
4 for the reporting of sexually transmissible
5 disease; requiring the department to adopt
6 rules; amending s. 385.204, F.S.; revising
7 requirements for the purchase and distribution
8 of insulin by the department; amending s.
9 391.021, F.S.; redefining the term "children
10 with special health care needs" for purposes of
11 the Children's Medical Services Act; amending
12 s. 391.025, F.S.; revising applicability and
13 scope of the act; amending s. 391.029, F.S.;
14 revising requirements for program eligibility;
15 amending s. 391.035, F.S.; authorizing the
16 department to contract for services provided
17 under the act; amending s. 391.055, F.S.;
18 requiring the referral of a newborn having a
19 certain abnormal screening result; creating s.
20 391.309, F.S.; establishing the Florida Infants
21 and Toddlers Early Intervention Program;
22 providing requirements for the department under
23 the program; requiring certain federal waivers;
24 amending s. 394.9151, F.S.; authorizing the
25 Department of Children and Family Services to
26 contract with the Correctional Medical
27 Authority for medical quality assurance
28 assistance at certain facilities; amending s.
29 395.404, F.S.; revising requirements for
30 reports to the department concerning brain or
31 spinal cord injuries; amending s. 401.113,
76
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 F.S.; providing for the use of funds generated
2 from interest on certain grant moneys; amending
3 s. 401.211, F.S.; providing legislative intent
4 with respect to a statewide comprehensive
5 injury prevention program; creating s. 401.243,
6 F.S.; providing duties of the department in
7 operating the program; amending s. 401.27,
8 F.S.; authorizing electronically submitted
9 applications for certification or
10 recertification as an emergency medical
11 technician or a paramedic; revising
12 requirements for an insignia identifying such
13 person; requiring the screening of applicants
14 through the Department of Law Enforcement;
15 amending s. 401.2701, F.S., relating to
16 emergency medical services training programs;
17 requiring that students be notified of certain
18 regulatory and screening requirements;
19 requiring the department to adopt rules;
20 amending s. 401.2715, F.S.; providing for
21 approval of continuing education courses;
22 amending s. 404.056, F.S.; revising
23 requirements for mandatory testing of certain
24 buildings and facilities for radon; amending s.
25 409.814, F.S.; revising eligibility for certain
26 children to participate in the Healthy Kids
27 program and the Medikids program; amending s.
28 409.91188, F.S.; authorizing the agency to
29 contract with private or public entities for
30 health care services; amending s. 455.227,
31 F.S.; conforming a cross-reference; amending s.
77
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 456.025, F.S.; revising requirements for
2 tracking continuing education; amending s.
3 456.055, F.S.; providing requirements for
4 claims for services for chiropractic and
5 podiatric health care; amending ss. 460.406,
6 463.006, and 467.009, F.S., relating to
7 licensure; conforming provisions to changes
8 made with respect to an accrediting agency;
9 amending s. 468.302, F.S.; authorizing a
10 nuclear medicine technologist to administer
11 certain X radiation; amending ss. 468.509,
12 468.707, 486.031, and 486.102, F.S., relating
13 to licensure; conforming provisions to changes
14 made with respect to an accrediting agency;
15 amending ss. 489.553 and 489.554, F.S.;
16 revising certification requirements for septic
17 tank contractors; authorizing an inactive
18 registration; amending ss. 490.005 and 491.005,
19 F.S., relating to licensure; conforming
20 provisions to changes made with respect to an
21 accrediting agency; amending s. 499.003, F.S.;
22 redefining the term "compressed medical gas"
23 for purposes of the Florida Drug and Cosmetic
24 Act; amending s. 499.007, F.S.; revising
25 requirements for labeling medicinal drugs;
26 amending s. 499.01, F.S.; authorizing the
27 department to issue a prescription drug
28 manufacturer permit to a nuclear pharmacy that
29 is a health care entity; amending s. 499.0121,
30 F.S.; providing requirements for retaining
31 inventories and records; transferring and
78
10:40 AM 04/28/03 s2750c1c-37c08
SENATE AMENDMENT
Bill No. CS for SB 2750
Amendment No. ___ Barcode 603784
1 renumbering s. 501.122, F.S., relating to the
2 control of nonionizing radiations; amending s.
3 784.081, F.S.; providing for the
4 reclassification of the offense of assault or
5 battery if committed on an employee of the
6 Department of Health or upon a direct services
7 provider of the department; creating s.
8 945.6038, F.S.; authorizing the Correctional
9 Medical Authority to contract with the
10 Department of Children and Family Services to
11 provide assistance in medical quality assurance
12 at certain facilities; creating s. 154.317,
13 F.S.; establishing reimbursement procedures and
14 guidelines for the reimbursement of trauma
15 centers by counties; providing for the payment
16 into the Medicaid Grants and Donations Trust
17 Fund and the use of certain funds; repealing s.
18 381.85, s. 381.0098(9), s. 385.103(2)(f), ss.
19 385.205 and 385.209, and s. 445.033(7), F.S;
20 relating to biomedical and social research,
21 obsolete provisions concerning biomedical
22 waste, rulemaking authority of the department,
23 programs in kidney disease control,
24 dissemination of information on cholesterol
25 health risks, and an exemption for certain
26 evaluations conducted by Workforce Florida,
27 Inc.; repealing s. 57 of chapter 98-288, Laws
28 of Florida; abrogating the repeal of the
29 Florida Kidcare Act;
30
31
79
10:40 AM 04/28/03 s2750c1c-37c08