Senate Bill sb2762
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Florida Senate - 2003 SB 2762
By Senator Diaz de la Portilla
36-1815-03 See HB 925
1 A bill to be entitled
2 An act relating to health care services
3 clinics; amending s. 456.0375, F.S.; requiring
4 each health care services clinic required to be
5 registered with the Department of Health to
6 employ or designate a clinic administrator;
7 requiring level 1 background screening;
8 requiring the clinic to pay for the screening;
9 providing responsibility and duties of the
10 clinic administrator; providing an effective
11 date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 456.0375, Florida Statutes, is
16 amended to read:
17 456.0375 Registration of certain clinics;
18 requirements; discipline; exemptions.--
19 (1)(a) As used in this section, the term "clinic"
20 means a business operating in a single structure or facility,
21 or in a group of adjacent structures or facilities operating
22 under the same business name or management, at which health
23 care services are provided to individuals and which tender
24 charges for reimbursement for such services.
25 (b) For purposes of this section, the term "clinic"
26 does not include and the registration requirements herein do
27 not apply to:
28 1. Entities licensed or registered by the state
29 pursuant to chapter 390, chapter 394, chapter 395, chapter
30 397, chapter 400, chapter 463, chapter 465, chapter 466,
31 chapter 478, chapter 480, or chapter 484.
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Florida Senate - 2003 SB 2762
36-1815-03 See HB 925
1 2. Entities exempt from federal taxation under 26
2 U.S.C. s. 501(c)(3).
3 3. Sole proprietorships, group practices,
4 partnerships, or corporations that provide health care
5 services by licensed health care practitioners pursuant to
6 chapters 457, 458, 459, 460, 461, 462, 463, 466, 467, 484,
7 486, 490, 491, or part I, part III, part X, part XIII, or part
8 XIV of chapter 468, or s. 464.012, which are wholly owned by
9 licensed health care practitioners or the licensed health care
10 practitioner and the spouse, parent, or child of a licensed
11 health care practitioner, so long as one of the owners who is
12 a licensed health care practitioner is supervising the
13 services performed therein and is legally responsible for the
14 entity's compliance with all federal and state laws. However,
15 no health care practitioner may supervise services beyond the
16 scope of the practitioner's license.
17 (2)(a) Every clinic, as defined in paragraph (1)(a),
18 must register, and must at all times maintain a valid
19 registration, with the Department of Health. Each clinic
20 location shall be registered separately even though operated
21 under the same business name or management, and each clinic
22 shall appoint a medical director or clinical director.
23 (b) The department shall adopt rules necessary to
24 implement the registration program, including rules
25 establishing the specific registration procedures, forms, and
26 fees. Registration fees must be reasonably calculated to cover
27 the cost of registration and must be of such amount that the
28 total fees collected do not exceed the cost of administering
29 and enforcing compliance with this section. Registration may
30 be conducted electronically. The registration program must
31 require:
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Florida Senate - 2003 SB 2762
36-1815-03 See HB 925
1 1. The clinic to file the registration form with the
2 department within 60 days after the effective date of this
3 section or prior to the inception of operation. The
4 registration expires automatically 2 years after its date of
5 issuance and must be renewed biennially.
6 2. The registration form to contain the name,
7 residence and business address, phone number, and license
8 number of the medical director or clinical director for the
9 clinic.
10 3. The clinic to display the registration certificate
11 in a conspicuous location within the clinic readily visible to
12 all patients.
13 (3)(a) Each clinic must employ or contract with a
14 physician maintaining a full and unencumbered physician
15 license in accordance with chapter 458, chapter 459, chapter
16 460, or chapter 461 to serve as the medical director. However,
17 if the clinic is limited to providing health care services
18 pursuant to chapter 457, chapter 484, chapter 486, chapter
19 490, or chapter 491 or part I, part III, part X, part XIII, or
20 part XIV of chapter 468, the clinic may appoint a health care
21 practitioner licensed under that chapter to serve as a
22 clinical director who is responsible for the clinic's
23 activities. A health care practitioner may not serve as the
24 clinical director if the services provided at the clinic are
25 beyond the scope of that practitioner's license.
26 (b) The medical director or clinical director shall
27 agree in writing to accept legal responsibility for the
28 following activities on behalf of the clinic. The medical
29 director or the clinical director shall:
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Florida Senate - 2003 SB 2762
36-1815-03 See HB 925
1 1. Have signs identifying the medical director or
2 clinical director posted in a conspicuous location within the
3 clinic readily visible to all patients.
4 2. Ensure that all practitioners providing health care
5 services or supplies to patients maintain a current active and
6 unencumbered Florida license.
7 3. Review any patient referral contracts or agreements
8 executed by the clinic.
9 3.4. Ensure that all health care practitioners at the
10 clinic have active appropriate certification or licensure for
11 the level of care being provided.
12 5. Serve as the clinic records holder as defined in s.
13 456.057.
14 4.6. Ensure compliance with the recordkeeping, office
15 surgery, and adverse incident reporting requirements of this
16 chapter, the respective practice acts, and rules adopted
17 thereunder.
18 5.7. Conduct systematic reviews of clinic billings to
19 ensure that the billings are not fraudulent or unlawful. Upon
20 discovery of an unlawful charge, the medical director shall
21 take immediate corrective action.
22 (c) Any contract to serve as a medical director or a
23 clinical director entered into or renewed by a physician or a
24 licensed health care practitioner in violation of this section
25 is void as contrary to public policy. This paragraph section
26 shall apply to contracts entered into or renewed on or after
27 October 1, 2001.
28 (d) The department, in consultation with the boards,
29 shall adopt rules specifying limitations on the number of
30 registered clinics and licensees for which a medical director
31 or a clinical director may assume responsibility for purposes
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Florida Senate - 2003 SB 2762
36-1815-03 See HB 925
1 of this section. In determining the quality of supervision a
2 medical director or a clinical director can provide, the
3 department shall consider the number of clinic employees,
4 clinic location, and services provided by the clinic.
5 (4)(a) Each clinic must employ or designate a clinic
6 administrator, who shall meet level 1 screening standards as
7 specified in s. 435.03. The clinic is responsible for paying
8 the costs of the screening.
9 (b) The clinic administrator shall agree in writing to
10 accept legal responsibility for the following activities on
11 behalf of the clinic. The clinic administrator shall:
12 1. Review all patient referral contracts or agreements
13 executed by the clinic.
14 2. Serve as the clinic records holder for purposes of
15 s. 456.057.
16 3. Ensure compliance with the recordkeeping
17 requirements of this chapter, the respective practice acts,
18 and rules adopted thereunder.
19 4. Conduct systematic reviews of clinic billings to
20 ensure that the billings are not fraudulent or unlawful.
21 (5)(4)(a) All charges or reimbursement claims made by
22 or on behalf of a clinic that is required to be registered
23 under this section, but that is not so registered, are
24 unlawful charges and therefore are noncompensable and
25 unenforceable.
26 (b) Any person establishing, operating, or managing an
27 unregistered clinic otherwise required to be registered under
28 this section commits a felony of the third degree, punishable
29 as provided in s. 775.082, s. 775.083, or s. 775.084.
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Florida Senate - 2003 SB 2762
36-1815-03 See HB 925
1 (c) Any licensed health care practitioner who violates
2 this section is subject to discipline in accordance with this
3 chapter and the respective practice act.
4 (d) The department shall revoke the registration of
5 any clinic registered under this section for operating in
6 violation of the requirements of this section or the rules
7 adopted by the department.
8 (e) The department shall investigate allegations of
9 noncompliance with this section and the rules adopted pursuant
10 to this section.
11 Section 2. This act shall take effect July 1, 2003.
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