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