SENATE AMENDMENT
    Bill No. CS for SB 2750
    Amendment No. ___   Barcode 603784
                            CHAMBER ACTION
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11  Senator Saunders moved the following amendment:
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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
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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