Senate Bill sb1154c1

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    Florida Senate - 2004                           CS for SB 1154

    By the Committee on Health, Aging, and Long-Term Care; and
    Senators Peaden and Jones




    317-1495-04

  1                      A bill to be entitled

  2         An act relating to a health care practitioner

  3         workforce database; creating s. 381.03015,

  4         F.S.; providing legislative intent with respect

  5         to a health care practitioner workforce

  6         database; providing definitions; creating the

  7         Florida Health Care Practitioner Workforce

  8         Database within the Department of Health;

  9         authorizing the database to be implemented in

10         stages; giving priority in the database for

11         information concerning allopathic and

12         osteopathic physicians; specifying data

13         elements of allopathic and osteopathic

14         physicians for inclusion in the database;

15         requiring that data for the health care

16         practitioner workforce database be gathered

17         from existing data sources; requiring certain

18         entities to provide data elements to the

19         department; authorizing the department to

20         create an advisory committee; requiring the

21         department to adopt rules; providing that the

22         act will not take effect unless funds are

23         specifically appropriated for this purpose;

24         prohibiting the use of a specified trust fund

25         to administer the act; providing an effective

26         date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 381.03015, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                           CS for SB 1154
    317-1495-04




 1         381.03015  Florida Health Care Practitioner Workforce

 2  Database.--

 3         (1)  LEGISLATIVE FINDINGS AND INTENT.--

 4         (a)  The Legislature finds that the state health

 5  policies designed to expand patient access and improve the

 6  quality of health care delivery must take into consideration

 7  the supply, distribution, diversity, academic preparation, and

 8  utilization of the state's health care workforce. The

 9  Legislature further finds that the absence of accurate,

10  objective, relevant, and timely data concerning the health

11  care workforce in this state is a barrier to developing and

12  implementing optimal programmatic and fiscal policies relating

13  to the education and training of health care practitioners and

14  the delivery of health care services.

15         (b)  In order to eliminate these barriers, it is the

16  intent of the Legislature to create the Florida Health Care

17  Practitioner Workforce Database within the Department of

18  Health. The database shall provide the capacity for the

19  collection, compilation, maintenance, and analysis of data

20  concerning the state's health care workforce. It is further

21  the intent of the Legislature that the workforce database

22  serve as the official state repository of data that can be

23  used by the Legislature, the Executive Office of the Governor,

24  state agencies, and state, regional, and local entities

25  involved in planning, analysis, and policy development for the

26  health care workforce and in the delivery of health care

27  services.

28         (2) DEFINITIONS.--As used in this section, the term:

29         (a)  "Department" means the Department of Health.

30         (b)  "Health care practitioner" has the same meaning as

31  provided in s. 456.001.

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    Florida Senate - 2004                           CS for SB 1154
    317-1495-04




 1         (3)  FLORIDA HEALTH CARE PRACTITIONER WORKFORCE

 2  DATABASE.--

 3         (a)  The Florida Health Care Practitioner Workforce

 4  Database is the electronic repository of data elements for

 5  each health care profession identified by the department for

 6  inclusion in the database. Data elements shall be maintained

 7  for as many years as necessary to allow for an analysis of

 8  longitudinal trends. To the maximum extent feasible, data

 9  elements must be collected and maintained using standardized

10  definitions in order to allow for multistate or national

11  comparisons of this state's data.

12         (b)  The workforce database may be implemented in

13  phases; however, the highest priority must be given to

14  including the data elements for allopathic and osteopathic

15  physicians in the database. Inclusion of data elements for

16  other health care practitioners may be accomplished in

17  subsequent phases, as resources allow with priority given to

18  the inclusion of health care practitioners who are subject to

19  the practitioner profiling system under s. 456.041. The

20  department shall develop an implementation plan that

21  recommends the priority order in which other health care

22  practitioners may be added to the database, identifies the

23  data elements to be collected for each group of health care

24  practitioners, and provides an estimate of the cost associated

25  with the addition of each group of health care practitioners

26  to the database. The data elements collected for nurses shall

27  be identified by the department, based upon recommendations

28  made by the Florida Center for Nursing. The implementation

29  plan shall also provide an analysis of technical issues and an

30  estimate of the costs associated with collecting the following

31  data elements for allopathic and osteopathic physicians

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    Florida Senate - 2004                           CS for SB 1154
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 1  through the licensing processes of the Board of Medicine and

 2  the Board of Osteopathic Medicine under s. 456.039, or through

 3  the profiling process for health care practitioners under s.

 4  456.041:

 5         1.  The physician's secondary practice location, if

 6  any, including the street address, municipality, county, and

 7  zip code.

 8         2.  The approximate number of hours per week spent in

 9  each practice location.

10         3.  Each practice setting, by major category of

11  practice setting, including, but not limited to, office-based

12  practice, hospital-based practice, nursing home, health

13  maintenance organization, and county health department.

14         4.  Whether the physician is a full-time member of a

15  medical school faculty.

16         5.  Whether the physician plans to reduce his or her

17  practice volume by a significant percent within the effective

18  period of the currently held license.

19  

20  The implementation plan shall be submitted to the Governor and

21  Legislature by December 1, 2005.

22         (4)  The data elements for allopathic and osteopathic

23  physicians shall include the following:

24         (a)  Data elements for each allopathic and osteopathic

25  physician licensed to practice in this state:

26         1.  Name.

27         2.  Date of birth.

28         3.  Place of birth.

29         4.  Gender.

30         5.  Race.

31         6.  Social security number.

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    Florida Senate - 2004                           CS for SB 1154
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 1         7.  Name of medical school.

 2         8.  Year of graduation from medical school.

 3         9.  Location of medical school.

 4         10.  Name of each graduate medical education program

 5  completed.

 6         11.  Year of completion of each graduate medical

 7  education program.

 8         12.  Location of each graduate medical education

 9  program completed.

10         13.  Type of each graduate medical education program

11  completed, such as internship, residency, or fellowship.

12         14.  Each medical specialty or subspecialty that the

13  physician practices.

14         15.  Each medical specialty board certification held.

15         16.  The primary practice location, including the

16  street address, municipality, county, and zip code for each

17  location.

18         (b)  Data elements for each graduate of a Florida

19  allopathic or osteopathic medical school:

20         1.  Name.

21         2.  Date of birth.

22         3.  Place of birth.

23         4.  Gender.

24         5.  Race.

25         6.  Social security number.

26         7.  Name of medical school.

27         8.  Year of graduation from medical school.

28         9.  Name and location, by state and country, of the

29  graduate medical education program that the graduate plans to

30  enter.

31  

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    Florida Senate - 2004                           CS for SB 1154
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 1         10.  Type of graduate medical education program, such

 2  as internship or residency, which the graduate plans to enter,

 3  including the identification of graduate medical education

 4  programs during postgraduate year 1 and postgraduate year 2,

 5  if applicable, for graduates entering preliminary or

 6  transitional positions during postgraduate year 1.

 7         (c)  Data elements for each allopathic or osteopathic

 8  physician completing a graduate medical education program in

 9  this state:

10         1.  Name.

11         2.  Date of birth.

12         3.  Place of birth.

13         4.  Gender.

14         5.  Race.

15         6.  Social security number.

16         7.  Name of medical school.

17         8.  Year of graduation from medical school.

18         9.  Location, by state and country, of the medical

19  school.

20         10.  Name and location, by state and country, of the

21  graduate medical education program.

22         (5)  REQUIRED USE OF EXISTING DATA SOURCES.--It is the

23  intent of the Legislature to minimize the cost of creating and

24  operating the Florida Health Care Practitioner Workforce

25  Database and to avoid unwarranted duplication of existing

26  data. Therefore, to the maximum extent possible, the data

27  included in the workforce database shall be derived from

28  existing data sources except as provided in paragraph (6)(a).

29  New data shall be collected for inclusion in the workforce

30  database only when the department determines that such data

31  are essential for evaluating and analyzing the health care

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    Florida Senate - 2004                           CS for SB 1154
    317-1495-04




 1  professions and when the data cannot be obtained from existing

 2  sources.

 3         (6)(a)  Data elements sought to satisfy paragraph

 4  (4)(a) shall be obtained from the licensing processes of the

 5  Board of Medicine and the Board of Osteopathic Medicine under

 6  s. 456.039, and from the profiling process for health care

 7  practitioners under s. 456.041. In addition to the data

 8  collected under ss. 456.039 and 456.041, the Board of Medicine

 9  and the Board of Osteopathic Medicine shall collect the

10  following data from each person applying for initial licensure

11  or licensure renewal to practice medicine or osteopathic

12  medicine as a physician after July 1, 2005, and the Department

13  of Health shall enter the data into the database used for

14  licensure or an equivalent database:

15         1.  The place of the applicant's birth.

16         2.  The state and country of the medical school from

17  which the applicant graduated.

18         3.  Each medical specialty or subspecialty that the

19  physician practices.

20         (b)  Each medical school in this state shall annually

21  submit the data elements described in paragraph (4)(b) to the

22  department, in a manner prescribed by the department, for each

23  medical student who provides written consent to the medical

24  school authorizing the release of his or her data to the

25  department.

26         (c)  Each graduate medical education program in this

27  state shall annually submit the data elements described in

28  paragraph (4)(c) to the department, in the manner prescribed

29  by the department, for each intern or resident who provides

30  written consent to the residency program authorizing the

31  release of his or her data to the department.

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    Florida Senate - 2004                           CS for SB 1154
    317-1495-04




 1         (7)  IMPLEMENTATION.--

 2         (a)  The Secretary of Health may establish an advisory

 3  committee to monitor the creation and implementation of the

 4  Florida Health Care Practitioner Workforce Database.

 5         (b)  The department may employ or assign agency staff

 6  or may contract, on a competitive-bid basis, with an

 7  appropriate entity to administer the workforce database.

 8         (8)  RULEMAKING.--The department shall adopt rules

 9  under ss. 120.536(1) and 120.54 to administer this section.

10         Section 2.  This act shall not take effect unless

11  sufficient funds are allocated in a specific appropriation or

12  in the General Appropriations Act for the 2004-2005 fiscal

13  year to fund the Florida Health Care Practitioner Workforce

14  Database. The Medical Quality Assurance Trust Fund may not be

15  used to fund the administration of this act.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                             SB 1154

21                                 

22  The Committee Substitute revises the data elements for
    Florida-licensed allopathic and osteopathic physicians, for
23  graduates of a Florida allopathic or osteopathic medical
    school, and for Florida allopathic or osteopathic physicians
24  completing a graduate medical education program in Florida
    that must be included in the health care workforce database
25  created by the bill. The Committee Substitute deletes
    requirements for the confidentiality of data that the
26  Department of Health obtains from any governmental entity,
    medical school, or university for the purpose of compiling the
27  workforce database or substantiating other information or
    records submitted for that purpose.
28  

29  

30  

31  

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