Amendment

Bill No. 1927

Amendment No. 432837

CHAMBER ACTION
Senate		House
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1	Representative Farkas offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (5) of section 17.41, Florida
6	Statutes, is amended to read:
7	17.41  Department of Financial Services Tobacco Settlement
8	Clearing Trust Fund.--
9	(5)  The department shall disburse funds, by nonoperating
10	transfer, from the Tobacco Settlement Clearing Trust Fund to the
11	tobacco settlement trust funds of the various agencies or the
12	Biomedical Research Trust Fund in the Department of Health, as
13	appropriate, in amounts equal to the annual appropriations made
14	from those agencies' trust funds in the General Appropriations
15	Act.
16	Section 2.  Subsection (2) and paragraphs (f), (i), and (j)
17	of subsection (3) of section 20.43, Florida Statutes, are
18	amended, paragraph (k) is added to said subsection, and
19	subsection (9) is added to said section, to read:
20	20.43  Department of Health.--There is created a Department
21	of Health.
22	(2)(a)  The head of the Department of Health is the
23	Secretary of Health and State Health Officer. The secretary must
24	be a physician licensed under chapter 458 or chapter 459 who has
25	advanced training or extensive experience in public health
26	administration. The secretary is appointed by the Governor
27	subject to confirmation by the Senate. The secretary serves at
28	the pleasure of the Governor.
29	(b)  The Officer of Women's Health Strategy is established
30	within the Department of Health and shall report directly to the
31	secretary.
32	(3)  The following divisions of the Department of Health
33	are established:
34	(f)  Division of Emergency Medical Operations Services and
35	Community Health Resources.
36	(i)  Division of Information Technology Resource
37	Management.
38	(j)  Division of Health Access Awareness and Tobacco.
39	(k)  Division of Disability Determinations.
40	(9)  There is hereby established within the Department of
41	Health the Office of Minority Health.
42	Section 3.  Section 216.341, Florida Statutes, is
43	renumbered as section 216.2625, Florida Statutes, and amended to
44	read:
45	216.2625 216.341  Disbursement of Department of Health
46	county health department trust funds; appropriation of
47	authorized positions.--
48	(1)  County health department trust funds may be expended
49	by the Department of Health for the respective county health
50	departments in accordance with budgets and plans agreed upon by
51	the county authorities of each county and the Department of
52	Health.
53	(2)  The requirement limitations on appropriations provided
54	in s. 216.262(1) that the number of authorized positions must be
55	appropriated shall not apply to Department of Health positions
56	funded by:
57	(a)  County health department trust funds; or
58	(b)  The United States Trust Fund.
59	Section 4.  Subsection (12) of section 381.0011, Florida
60	Statutes, is amended to read:
61	381.0011  Duties and powers of the Department of
62	Health.--It is the duty of the Department of Health to:
63	(12)  Maintain Cooperate with other departments, local
64	officials, and private organizations in developing and
65	implementing a statewide injury prevention control program.
66	Section 5.  Section 381.0033, Florida Statutes, is created
67	to read:
68	381.0033  Influenza virus and pneumococcal bacteria
69	vaccinations.--Hospitals licensed pursuant to chapter 395 shall
70	implement a program to offer immunizations against the influenza
71	virus and pneumococcal bacteria to all patients 65 years of age
72	or older between October 1, or earlier if the vaccination is
73	available, and February 1 of every year, subject to the
74	availability of an adequate supply of the necessary vaccine, in
75	accordance with the recommendations of the Advisory Committee on
76	Immunization Practices of the United States Centers of Disease
77	Control and Prevention and subject to the clinical judgment of
78	the responsible practitioner.
79	Section 6.  Subsection (17) is added to section 381.006,
80	Florida Statutes, to read:
81	381.006  Environmental health.--The department shall
82	conduct an environmental health program as part of fulfilling
83	the state's public health mission. The purpose of this program
84	is to detect and prevent disease caused by natural and manmade
85	factors in the environment. The environmental health program
86	shall include, but not be limited to:
87	(17)  A function for investigating elevated levels of lead
88	in blood. Each participating county health department may expend
89	funds for federally mandated certification or recertification
90	fees related to conducting investigations of elevated levels of
91	lead in blood.
92
93	The department may adopt rules to carry out the provisions of
94	this section.
95	Section 7.  Paragraph (k) of subsection (2) and paragraphs
96	(d) and (e) of subsection (4) of section 381.0065, Florida
97	Statutes, are amended, and paragraph (v) is added to subsection
98	(4) of said section, to read:
99	381.0065  Onsite sewage treatment and disposal systems;
100	regulation.--
101	(2)  DEFINITIONS.--As used in ss. 381.0065-381.0067, the
102	term:
103	(k)  "Permanent nontidal surface water body" means a
104	perennial stream, a perennial river, an intermittent stream, a
105	perennial lake, a submerged marsh or swamp, a submerged wooded
106	marsh or swamp, a spring, or a seep, as identified on the most
107	recent quadrangle map, 7.5 minute series (topographic), produced
108	by the United States Geological Survey, or products derived from
109	such series. "Permanent nontidal surface water body" shall also
110	mean an artificial surface water body that does not have an
111	impermeable bottom and side and that is designed to hold, or
112	does hold, visible standing water for at least 180 days of the
113	year. However, a nontidal surface water body that is drained,
114	either naturally or artificially, where the intent or the result
115	is that such drainage be temporary, shall be considered a
116	permanent nontidal surface water body. A nontidal surface water
117	body that is drained of all visible surface water, where the
118	lawful intent or the result of such drainage is that such
119	drainage will be permanent, shall not be considered a permanent
120	nontidal surface water body. The boundary of a permanent
121	nontidal surface water body shall be the mean annual flood line.
122	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
123	not construct, repair, modify, abandon, or operate an onsite
124	sewage treatment and disposal system without first obtaining a
125	permit approved by the department. The department may issue
126	permits to carry out this section, but shall not make the
127	issuance of such permits contingent upon prior approval by the
128	Department of Environmental Protection. A construction permit is
129	valid for 18 months from the issuance date and may be extended
130	by the department for one 90-day period under rules adopted by
131	the department. A repair permit is valid for 90 days from the
132	date of issuance. An operating permit must be obtained prior to
133	the use of any aerobic treatment unit or if the establishment
134	generates commercial waste. Buildings or establishments that use
135	an aerobic treatment unit or generate commercial waste shall be
136	inspected by the department at least annually to assure
137	compliance with the terms of the operating permit. The operating
138	permit for a commercial wastewater system is valid for 1 year
139	from the date of issuance and must be renewed annually. The
140	operating permit for an aerobic treatment unit is valid for 2
141	years from the date of issuance and must be renewed every 2
142	years. If all information pertaining to the siting, location,
143	and installation conditions or repair of an onsite sewage
144	treatment and disposal system remains the same, a construction
145	or repair permit for the onsite sewage treatment and disposal
146	system may be transferred to another person, if the transferee
147	files, within 60 days after the transfer of ownership, an
148	amended application providing all corrected information and
149	proof of ownership of the property. There is no fee associated
150	with the processing of this supplemental information. A person
151	may not contract to construct, modify, alter, repair, service,
152	abandon, or maintain any portion of an onsite sewage treatment
153	and disposal system without being registered under part III of
154	chapter 489. A property owner who personally performs
155	construction, maintenance, or repairs to a system serving his or
156	her own owner-occupied single-family residence is exempt from
157	registration requirements for performing such construction,
158	maintenance, or repairs on that residence, but is subject to all
159	permitting requirements. A municipality or political subdivision
160	of the state may not issue a building or plumbing permit for any
161	building that requires the use of an onsite sewage treatment and
162	disposal system unless the owner or builder has received a
163	construction permit for such system from the department. A
164	building or structure may not be occupied and a municipality,
165	political subdivision, or any state or federal agency may not
166	authorize occupancy until the department approves the final
167	installation of the onsite sewage treatment and disposal system.
168	A municipality or political subdivision of the state may not
169	approve any change in occupancy or tenancy of a building that
170	uses an onsite sewage treatment and disposal system until the
171	department has reviewed the use of the system with the proposed
172	change, approved the change, and amended the operating permit.
173	(d)  Paragraphs (a) and (b) do not apply to any proposed
174	residential subdivision with more than 50 lots or to any
175	proposed commercial subdivision with more than 5 lots where a
176	publicly owned or investor-owned sewerage system is available.
177	It is the intent of this paragraph not to allow development of
178	additional proposed subdivisions in order to evade the
179	requirements of this paragraph. The department shall report to
180	the Legislature by February 1 of each odd-numbered year
181	concerning the success in meeting this intent.
182	(e)  Onsite sewage treatment and disposal systems must not
183	be placed closer than:
184	1.  Seventy-five feet from a private potable well.
185	2.  Two hundred feet from a public potable well serving a
186	residential or nonresidential establishment having a total
187	sewage flow of greater than 2,000 gallons per day.
188	3.  One hundred feet from a public potable well serving a
189	residential or nonresidential establishment having a total
190	sewage flow of less than or equal to 2,000 gallons per day.
191	4.  Fifty feet from any nonpotable well.
192	5.  Ten feet from any storm sewer pipe, to the maximum
193	extent possible, but in no instance shall the setback be less
194	than 5 feet.
195	6.  Seventy-five feet from the mean high-water line of a
196	tidally influenced surface water body.
197	7.  Seventy-five feet from the mean normal annual flood
198	line of a permanent nontidal surface water body.
199	8.  Fifteen feet from the design high-water line of
200	retention areas, detention areas, or swales designed to contain
201	standing or flowing water for less than 72 hours after a
202	rainfall or the design high-water level of normally dry drainage
203	ditches or normally dry individual lot stormwater retention
204	areas.
205	(v)  The department may require the submission of detailed
206	system construction plans prepared by a professional engineer
207	registered in this state. The department shall establish by rule
208	the criteria for determining when such submissions are required.
209	Section 8.  Paragraph (k) of subsection (2) of section
210	381.0066, Florida Statutes, is amended to read:
211	381.0066  Onsite sewage treatment and disposal systems;
212	fees.--
213	(2)  The minimum fees in the following fee schedule apply
214	until changed by rule by the department within the following
215	limits:
216	(k)  Research: An additional $5 fee shall be added to each
217	new system construction permit issued during fiscal years 1996-
218	2004 to be used for onsite sewage treatment and disposal system
219	research, demonstration, and training projects. Five dollars
220	from any repair permit fee collected under this section shall be
221	used for funding the hands-on training centers described in s.
222	381.0065(3)(j).
223
224	The funds collected pursuant to this subsection must be
225	deposited in a trust fund administered by the department, to be
226	used for the purposes stated in this section and ss. 381.0065
227	and 381.00655.
228	Section 9.  Paragraph (a) of subsection (2), paragraph (a)
229	of subsection (3), and paragraph (a) of subsection (4) of
230	section 381.0072, Florida Statutes, are amended to read:
231	381.0072  Food service protection.--It shall be the duty of
232	the Department of Health to adopt and enforce sanitation rules
233	consistent with law to ensure the protection of the public from
234	food-borne illness. These rules shall provide the standards and
235	requirements for the storage, preparation, serving, or display
236	of food in food service establishments as defined in this
237	section and which are not permitted or licensed under chapter
238	500 or chapter 509.
239	(2)  DUTIES.--
240	(a)  The department shall adopt rules, including
241	definitions of terms which are consistent with law prescribing
242	minimum sanitation standards and manager certification
243	requirements as prescribed in s. 509.039, and which shall be
244	enforced in food service establishments as defined in this
245	section. The sanitation standards must address the construction,
246	operation, and maintenance of the establishment; lighting,
247	ventilation, laundry rooms, lockers, use and storage of toxic
248	materials and cleaning compounds, and first-aid supplies; plan
249	review; design, construction, installation, location,
250	maintenance, sanitation, and storage of food equipment and
251	utensils; employee training, health, hygiene, and work
252	practices; food supplies, preparation, storage, transportation,
253	and service, including access to the areas where food is stored
254	or prepared; and sanitary facilities and controls, including
255	water supply and sewage disposal; plumbing and toilet
256	facilities; garbage and refuse collection, storage, and
257	disposal; and vermin control. Public and private schools,
258	provided that the food service is operated by school employees,
259	hospitals licensed under chapter 395, nursing homes licensed
260	under part II of chapter 400, child care facilities as defined
261	in s. 402.301, and residential facilities colocated with a
262	nursing home or hospital if all food is prepared in a central
263	kitchen that complies with nursing or hospital regulations, and
264	bars and lounges, as defined by rule of the department, shall be
265	exempt from the rules developed for manager certification. The
266	department shall administer a comprehensive inspection,
267	monitoring, and sampling program to ensure such standards are
268	maintained. With respect to food service establishments
269	permitted or licensed under chapter 500 or chapter 509, the
270	department shall assist the Division of Hotels and Restaurants
271	of the Department of Business and Professional Regulation and
272	the Department of Agriculture and Consumer Services with
273	rulemaking by providing technical information.
274	(3)  LICENSES REQUIRED.--
275	(a)  Licenses; annual renewals.--Each food service
276	establishment regulated under this section shall obtain a
277	license from the department annually. Food service establishment
278	licenses shall expire annually and shall not be transferable
279	from one place or individual to another. However, those
280	facilities licensed by the Department of Children and Family
281	Services under department's Office of Licensure and
282	Certification, the Child Care Services Program Office and, or
283	the Developmental Disabilities Program Office are exempt from
284	this subsection. It shall be a misdemeanor of the second degree,
285	punishable as provided in s. 381.0061, s. 775.082, or s.
286	775.083, for such an establishment to operate without this
287	license. The department may refuse a license, or a renewal
288	thereof, to any establishment that is not constructed or
289	maintained in accordance with law and with the rules of the
290	department. Annual application for renewal shall not be
291	required.
292	(4)  LICENSE; INSPECTION; FEES.--
293	(a)  The department is authorized to collect fees from
294	establishments licensed under this section and from those
295	facilities exempted from licensure under paragraph (3)(a). It is
296	the intent of the Legislature that the total fees assessed under
297	this section be in an amount sufficient to meet the cost of
298	carrying out the provisions of this section.
299	Section 10.  Section 381.04015, Florida Statutes, is
300	created to read:
301	381.04015  Women's Health Strategy; legislative intent;
302	duties of Officer of Women's Health Strategy; other state agency
303	duties.--
304	(1)  LEGISLATIVE INTENT.--The Legislature recognizes that
305	the health care needs of women are gender specific and that
306	public policy must take into account the distinct
307	characteristics of women's health issues. Priority shall be
308	given to improve the overall health status of women through
309	research and education on women's health issues. The Legislature
310	recognizes the importance of understanding why there are such
311	large differences between how women and men experience certain
312	diseases and also recognizes that biomedical research is the key
313	to finding these answers. Such research has important
314	implications for both women and men in terms of clinical
315	practice and disease prevention and manifestation. The
316	Legislature recognizes that as the state's population continues
317	to age and life expectancy for women continues to rise, it is of
318	the utmost importance for the Legislature to encourage effective
319	medical research on long-term health issues for women and to
320	educate elder women about the importance of participating in
321	medical studies. The Legislature finds and declares that the
322	design and delivery of health care services and the medical
323	education of health care practitioners shall be directed by the
324	principle that health care needs are gender specific.
325	(2)  DUTIES.--The Officer of Women's Health Strategy in the
326	Department of Health shall:
327	(a)  Ensure that the state's policies and programs are
328	responsive to sex and gender differences and to women's health
329	needs across the life span.
330	(b)  Organize an interagency Committee for Women's Health
331	for the purpose of integrating women's health programs in
332	current operating and service delivery structures and setting
333	priorities for women's health. Such committee shall be comprised
334	of the heads or directors of state agencies with programs
335	affecting women's health, including, but not limited to, the
336	Department of Health, the Agency for Health Care Administration,
337	the Department of Education, the Department of Elderly Affairs,
338	the Department of Corrections, the Office of Insurance
339	Regulation of the Department of Financial Services, and the
340	Department of Juvenile Justice.
341	(c)  Assess the health status of women in the state through
342	the collection and review of health data and trends.
343	(d)  Review the state's insurance code as it relates to
344	women's health issues.
345	(e)  Work with medical school curriculum committees to
346	develop course requirements on women's health and promote
347	clinical practice guidelines specific to women.
348	(f)  Organize statewide Women's Health Month activities.
349	(g)  Coordinate a Governor's statewide conference on
350	women's health, cosponsored by the agencies participating in the
351	Committee for Women's Health and other private organizations and
352	entities impacting women's health in the state.
353	(h)  Promote research, treatment, and collaboration on
354	women's health issues at universities and medical centers in the
355	state.
356	(i)  Promote employer incentives for wellness programs
357	targeting women's health programs.
358	(j)  Serve as the primary state resource for women's health
359	information.
360	(k)  Develop a statewide women's health plan emphasizing
361	collaborative approaches to meeting the health needs of women.
362	The plan shall:
363	1.  Identify activities designed to reduce the number of
364	premature deaths in women, including:
365	a.  Providing specific strategies for reducing the
366	mortality rate of women.
367	b.  Listing conditions that may cause or contribute to
368	disease in women and the best methods by which to identify,
369	control, and prevent these conditions from developing.
370	c.  Identifying the best methods for ensuring an increase
371	in the percentage of women in the state who receive diagnostic
372	and screening testing.
373	2.  Provide for increasing research and appropriate funding
374	at institutions in the state studying disease in women.
375	3.  Provide recommendations for the development of practice
376	guidelines for addressing disease in women.
377	4.  Provide recommendations for reducing health disparities
378	among women in all races and ethnic groups.
379	5.  Coordinate with existing program plans that address
380	women's health issues.
381	(l)  Promote clinical practice guidelines specific to
382	women.
383	(m)  Serve as the state's liaison with other states and
384	federal agencies and programs to develop best practices in
385	women's health.
386	(n)  Develop a statewide, web-based clearinghouse on
387	women's health issues and resources.
388	(o)  Promote public awareness campaigns and education on
389	the health needs of women.
390	(p)  By January 15 of each year, provide the Governor, the
391	President of the Senate, and the Speaker of the House of
392	Representatives a report with policy recommendations for
393	implementing the provisions of this section.
394	(3)  DUTIES OF OTHER STATE AGENCIES.--
395	(a)  Women's health issues shall be taken into
396	consideration in the annual budget planning of the Department of
397	Health, the Agency for Health Care Administration, and the
398	Department of Elderly Affairs.
399	(b)  The inclusion of gender considerations and
400	differential impact shall be one of the criteria when assessing
401	research and demonstration proposals for which state funding is
402	being sought from the Department of Health, the Agency for
403	Health Care Administration, and the Department of Elderly
404	Affairs.
405	(c)  Boards or advisory bodies that fall under the purview
406	of the Department of Health, the Agency for Health Care
407	Administration, and the Department of Elderly Affairs shall be
408	encouraged to seek equal representation of women and men and the
409	inclusion of persons who are knowledgeable and sensitive to
410	gender and diversity issues.
411	(4)  RESPONSIBILITY AND COORDINATION.--The officer and the
412	department shall direct and carry out the Women's Health
413	Strategy established under this section in accordance with the
414	requirements of this section and may work with the Executive
415	Office of the Governor and other state agencies to carry out
416	their duties and responsibilities under this section.
417	Section 11.  Section 381.86, Florida Statutes, is created
418	to read:
419	381.86  Department of Health Institutional Review Board.--
420	(1)  The Department of Health Institutional Review Board is
421	hereby created to satisfy federal requirements under 45 C.F.R.
422	part 46 and 21 C.F.R. parts 50 and 56 for an institutional
423	review board to review all biomedical and behavioral research on
424	human subjects that the department funds or supports in any
425	manner, including the permitting of access to department data or
426	department resources.
427	(2)  Consistent with federal requirements, the Secretary of
428	Health shall determine and appoint the membership on the board
429	and designate the chair.
430	(3)  The department's institutional review board may serve
431	as an institutional review board for other agencies at the
432	discretion of the secretary.
433	(4)  Each board member shall be entitled to per diem and
434	travel expenses as provided in s. 112.061 while carrying out the
435	official business of the board.
436	(5)  The department shall charge for reasonable costs it
437	incurs for the research oversight it provides according to a fee
438	schedule, except that students who are candidates for degrees in
439	universities located in this state shall have fees waived. The
440	fee schedule shall provide for fees for initial review,
441	amendments, and continuing review. The department may adopt
442	rules as necessary to comply with federal requirements and this
443	section. Such rules shall also prescribe procedures to apply for
444	review by the institutional review board.
445	Section 12.  Paragraph (e) of subsection (2) of section
446	381.7353, Florida Statutes, is amended to read:
447	381.7353  Reducing Racial and Ethnic Health Disparities:
448	Closing the Gap grant program; administration; department
449	duties.--
450	(2)  The department shall:
451	(e)  Coordinate with existing community-based programs,
452	such as chronic disease community intervention programs, cancer
453	prevention and control programs, diabetes control programs, oral
454	health care programs, the Healthy Start program, the Florida
455	KidCare Program, the HIV/AIDS program, immunization programs,
456	and other related programs at the state and local levels, to
457	avoid duplication of effort and promote consistency.
458	Section 13.  Paragraph (a) of subsection (2) of section
459	381.7355, Florida Statutes, is amended to read:
460	381.7355  Project requirements; review criteria.--
461	(2)  A proposal must include each of the following
462	elements:
463	(a)  The purpose and objectives of the proposal, including
464	identification of the particular racial or ethnic disparity the
465	project will address. The proposal must address one or more of
466	the following priority areas:
467	1.  Decreasing racial and ethnic disparities in maternal
468	and infant mortality rates.
469	2.  Decreasing racial and ethnic disparities in morbidity
470	and mortality rates relating to cancer.
471	3.  Decreasing racial and ethnic disparities in morbidity
472	and mortality rates relating to HIV/AIDS.
473	4.  Decreasing racial and ethnic disparities in morbidity
474	and mortality rates relating to cardiovascular disease.
475	5.  Decreasing racial and ethnic disparities in morbidity
476	and mortality rates relating to diabetes.
477	6.  Increasing adult and child immunization rates in
478	certain racial and ethnic populations.
479	7.  Decreasing racial and ethnic disparities in oral health
480	care.
481	Section 14.  Paragraphs (b) and (c) of subsection (3) of
482	section 381.89, Florida Statutes, are amended to read:
483	381.89  Regulation of tanning facilities.--
484	(3)
485	(b)  The department shall establish procedures for the
486	issuance and annual renewal of licenses and shall establish
487	annual license and renewal fees and late payment fees in an
488	amount necessary to cover the expenses of administering this
489	section. Annual license and renewal fees shall be not be less
490	than $125 nor more than $250 per tanning device, and a maximum
491	total fee per individual tanning facility may be set by rule.
492	Effective October 1, 1991, the fee amount shall be the minimum
493	fee proscribed in this paragraph and such fee amount shall
494	remain in effect until the effective date of a fee schedule
495	adopted by the department.
496	(c)  The department may adopt a system under which licenses
497	expire on staggered dates and the annual renewal fees are
498	prorated quarterly monthly to reflect the actual number of
499	months the license is valid.
500	Section 15.  Subsection (3) and paragraph (a) of subsection
501	(7) of section 381.90, Florida Statutes, are amended to read:
502	381.90  Health Information Systems Council; legislative
503	intent; creation, appointment, duties.--
504	(3)  The council shall be composed of the following members
505	or their senior executive-level designees:
506	(a)  The Secretary of the Department of Health;
507	(b)  The Executive Director secretary of the Department of
508	Veterans' Affairs Business and Professional Regulation;
509	(c)  The Secretary of the Department of Children and Family
510	Services;
511	(d)  The Secretary of Health Care Administration;
512	(e)  The Secretary of the Department of Corrections;
513	(f)  The Attorney General;
514	(g)  The executive director of the Correctional Medical
515	Authority;
516	(h)  Two members representing county health departments,
517	one from a small county and one from a large county, appointed
518	by the Governor;
519	(i)  A representative from the Florida Association of
520	Counties;
521	(j)  The Chief Financial Officer;
522	(k)  A representative from the Florida Healthy Kids
523	Corporation;
524	(l)  A representative from a school of public health chosen
525	by the Commissioner of Education Board of Regents;
526	(m)  The Commissioner of Education;
527	(n)  The Secretary of the Department of Elderly Affairs;
528	and
529	(o)  The Secretary of the Department of Juvenile Justice.
530
531	Representatives of the Federal Government may serve without
532	voting rights.
533	(7)  The council's duties and responsibilities include, but
534	are not limited to, the following:
535	(a)  By June March 1 of each year, to develop and approve a
536	strategic plan pursuant to the requirements set forth in s.
537	186.022(9). Copies of the plan shall be transmitted
538	electronically or in writing to the Executive Office of the
539	Governor, the Speaker of the House of Representatives, and the
540	President of the Senate.
541	Section 16.  Subsections (1), (2), and (5) and paragraphs
542	(f) and (g) of subsection (3) of section 383.14, Florida
543	Statutes, are amended to read:
544	383.14  Screening for metabolic disorders, other hereditary
545	and congenital disorders, and environmental risk factors.--
546	(1)  SCREENING REQUIREMENTS.--To help ensure access to the
547	maternal and child health care system, the Department of Health
548	shall promote the screening of all newborns infants born in
549	Florida for phenylketonuria and other metabolic, hereditary, and
550	congenital disorders known to result in significant impairment
551	of health or intellect, as screening programs accepted by
552	current medical practice become available and practical in the
553	judgment of the department. The department shall also promote
554	the identification and screening of all newborns infants born in
555	this state and their families for environmental risk factors
556	such as low income, poor education, maternal and family stress,
557	emotional instability, substance abuse, and other high-risk
558	conditions associated with increased risk of newborn infant
559	mortality and morbidity to provide early intervention,
560	remediation, and prevention services, including, but not limited
561	to, parent support and training programs, home visitation, and
562	case management. Identification, perinatal screening, and
563	intervention efforts shall begin prior to and immediately
564	following the birth of the child by the attending health care
565	provider. Such efforts shall be conducted in hospitals,
566	perinatal centers, county health departments, school health
567	programs that provide prenatal care, and birthing centers, and
568	reported to the Office of Vital Statistics.
569	(a)  Prenatal screening.--The department shall develop a
570	multilevel screening process that includes a risk assessment
571	instrument to identify women at risk for a preterm birth or
572	other high-risk condition. The primary health care provider
573	shall complete the risk assessment instrument and report the
574	results to the Office of Vital Statistics so that the woman may
575	immediately be notified and referred to appropriate health,
576	education, and social services.
577	(b)  Postnatal screening.--A risk factor analysis using the
578	department's designated risk assessment instrument shall also be
579	conducted as part of the medical screening process upon the
580	birth of a child and submitted to the department's Office of
581	Vital Statistics for recording and other purposes provided for
582	in this chapter. The department's screening process for risk
583	assessment shall include a scoring mechanism and procedures that
584	establish thresholds for notification, further assessment,
585	referral, and eligibility for services by professionals or
586	paraprofessionals consistent with the level of risk. Procedures
587	for developing and using the screening instrument, notification,
588	referral, and care coordination services, reporting
589	requirements, management information, and maintenance of a
590	computer-driven registry in the Office of Vital Statistics which
591	ensures privacy safeguards must be consistent with the
592	provisions and plans established under chapter 411, Pub. L. No.
593	99-457, and this chapter. Procedures established for reporting
594	information and maintaining a confidential registry must include
595	a mechanism for a centralized information depository at the
596	state and county levels. The department shall coordinate with
597	existing risk assessment systems and information registries. The
598	department must ensure, to the maximum extent possible, that the
599	screening information registry is integrated with the
600	department's automated data systems, including the Florida On-
601	line Recipient Integrated Data Access (FLORIDA) system. Tests
602	and screenings must be performed by the State Public Health
603	Laboratory, in coordination with Children's Medical Services, at
604	such times and in such manner as is prescribed by the department
605	after consultation with the Genetics and Newborn Infant
606	Screening Advisory Council and the State Coordinating Council
607	for School Readiness Programs.
608	(c)  Release of screening results.--Notwithstanding any
609	other provision of law, the State Public Health Laboratory may
610	release, directly or through Children's Medical Services, a
611	newborn's hearing screening results and metabolic screening test
612	results to the newborn's primary care physician.
613	(2)  RULES.--After consultation with the Genetics and
614	Newborn Infant Screening Advisory Council, the department shall
615	adopt and enforce rules requiring that every newborn infant born
616	in this state shall, prior to becoming 1 week 2 weeks of age, be
617	subjected to a test for phenylketonuria and, at the appropriate
618	age, be tested for such other metabolic diseases and hereditary
619	or congenital disorders as the department may deem necessary
620	from time to time. After consultation with the State
621	Coordinating Council for School Readiness Programs, the
622	department shall also adopt and enforce rules requiring every
623	newborn infant born in this state to be screened for
624	environmental risk factors that place children and their
625	families at risk for increased morbidity, mortality, and other
626	negative outcomes. The department shall adopt such additional
627	rules as are found necessary for the administration of this
628	section, including rules for processing requests and releasing
629	test and screening results, rules providing definitions of
630	terms, rules relating to the methods used and time or times for
631	testing as accepted medical practice indicates, rules relating
632	to charging and collecting fees for screenings authorized by
633	this section, and rules requiring mandatory reporting of the
634	results of tests and screenings for these conditions to the
635	department.
636	(3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
637	department shall administer and provide certain services to
638	implement the provisions of this section and shall:
639	(f)  Promote the availability of genetic studies and
640	counseling in order that the parents, siblings, and affected
641	newborns infants may benefit from available knowledge of the
642	condition.
643	(g)  Have the authority to charge and collect fees for
644	screenings authorized in this section, as follows:
645	1.  A fee of $20 will be charged for each live birth, as
646	recorded by the Office of Vital Statistics, occurring in a
647	hospital licensed under part I of chapter 395 or a birth center
648	licensed under s. 383.305, up to 3,000 live births per licensed
649	hospital per year or over 60 births per birth center per year.
650	The department shall calculate the annual assessment for each
651	hospital and birth center, and this assessment must be paid in
652	equal amounts quarterly. Quarterly, the department shall
653	generate and mail to each hospital and birth center a statement
654	of the amount due.
655	2.  As part of the department's legislative budget request
656	prepared pursuant to chapter 216, the department shall submit a
657	certification by the department's inspector general, or the
658	director of auditing within the inspector general's office, of
659	the annual costs of the uniform testing and reporting procedures
660	of the newborn infant screening program. In certifying the
661	annual costs, the department's inspector general or the director
662	of auditing within the inspector general's office shall
663	calculate the direct costs of the uniform testing and reporting
664	procedures, including applicable administrative costs.
665	Administrative costs shall be limited to those department costs
666	which are reasonably and directly associated with the
667	administration of the uniform testing and reporting procedures
668	of the newborn infant screening program.
669
670	All provisions of this subsection must be coordinated with the
671	provisions and plans established under this chapter, chapter
672	411, and Pub. L. No. 99-457.
673	(5)  ADVISORY COUNCIL.--There is established a Genetics and
674	Newborn Infant Screening Advisory Council made up of 15 12
675	members appointed by the Secretary of Health. The council shall
676	be composed of two consumer members, three practicing
677	pediatricians, at least one of whom must be a pediatric
678	hematologist, one representative from each of the four medical
679	schools in the state, the Secretary of Health or his or her
680	designee, one representative from the Department of Health
681	representing Children's Medical Services, one representative
682	from the Florida Hospital Association, one representative with
683	experience in newborn screening programs, one representative
684	representing audiologists, and one representative from the
685	Developmental Disabilities Program Office of the Department of
686	Children and Family Services. All appointments shall be for a
687	term of 4 years. The chairperson of the council shall be elected
688	from the membership of the council and shall serve for a period
689	of 2 years. The council shall meet at least semiannually or upon
690	the call of the chairperson. The council may establish ad hoc or
691	temporary technical advisory groups to assist the council with
692	specific topics which come before the council. Council members
693	shall serve without pay. Pursuant to the provisions of s.
694	112.061, the council members are entitled to be reimbursed for
695	per diem and travel expenses. It is the purpose of the council
696	to advise the department about:
697	(a)  Conditions for which testing should be included under
698	the screening program and the genetics program.;
699	(b)  Procedures for collection and transmission of
700	specimens and recording of results.; and
701	(c)  Methods whereby screening programs and genetics
702	services for children now provided or proposed to be offered in
703	the state may be more effectively evaluated, coordinated, and
704	consolidated.
705	Section 17.  Subsection (1) of section 383.402, Florida
706	Statutes, is amended to read:
707	383.402  Child abuse death review; State Child Abuse Death
708	Review Committee; local child abuse death review committees.--
709	(1)  It is the intent of the Legislature to establish a
710	statewide multidisciplinary, multiagency child abuse death
711	assessment and prevention system that consists of state and
712	local review committees. The state and local review committees
713	shall review the facts and circumstances of all deaths of
714	children from birth through age 18 which occur in this state as
715	the result of verified child abuse or neglect and for whom at
716	least one report of abuse or neglect was accepted by the central
717	abuse hotline within the Department of Children and Family
718	Services. The purpose of the review shall be to:
719	(a)  Achieve a greater understanding of the causes and
720	contributing factors of deaths resulting from child abuse.
721	(b)  Whenever possible, develop a communitywide approach to
722	address such cases and contributing factors.
723	(c)  Identify any gaps, deficiencies, or problems in the
724	delivery of services to children and their families by public
725	and private agencies which may be related to deaths that are the
726	result of child abuse.
727	(d)  Make and implement recommendations for changes in law,
728	rules, and policies, as well as develop practice standards that
729	support the safe and healthy development of children and reduce
730	preventable child abuse deaths.
731	Section 18.  Subsection (2) of section 391.021, Florida
732	Statutes, is amended to read:
733	391.021  Definitions.--When used in this act, unless the
734	context clearly indicates otherwise:
735	(2)  "Children with special health care needs" means those
736	children who have not reached 21 years of age who have chronic
737	physical, developmental, behavioral, or emotional conditions and
738	who also require health care and related services of a type or
739	amount beyond that which is generally required by children under
740	age 21 years whose serious or chronic physical or developmental
741	conditions require extensive preventive and maintenance care
742	beyond that required by typically healthy children. Health care
743	utilization by these children exceeds the statistically expected
744	usage of the normal child adjusted for chronological age. These
745	children often need complex care requiring multiple providers,
746	rehabilitation services, and specialized equipment in a number
747	of different settings.
748	Section 19.  Section 391.025, Florida Statutes, is amended
749	to read:
750	391.025  Applicability and scope.--
751	(1)  This act applies to health services provided to
752	eligible individuals who are:
753	(a)1.  Enrolled in the Medicaid program;
754	2.  Enrolled in the Florida Kidcare program; and
755	3.  Uninsured or underinsured, provided that they meet the
756	financial eligibility requirements established in this act, and
757	to the extent that resources are appropriated for their care; or
758	(b)  Infants who receive an award of compensation under s.
759	766.31(1).
760	(1)(2)  The Children's Medical Services program consists of
761	the following components:
762	(a)  The newborn infant metabolic screening program
763	established in s. 383.14.
764	(b)  The regional perinatal intensive care centers program
765	established in ss. 383.15-383.21.
766	(c)  A federal or state program authorized by the
767	Legislature.
768	(d)  The developmental evaluation and intervention program,
769	including the Infants and Toddlers Early Intervention Program.
770	(e)  The Children's Medical Services network.
771	(2)(3)  The Children's Medical Services program shall not
772	be deemed an insurer and is not subject to the licensing
773	requirements of the Florida Insurance Code or the rules adopted
774	thereunder, when providing services to children who receive
775	Medicaid benefits, other Medicaid-eligible children with special
776	health care needs, and children participating in the Florida
777	Kidcare program.
778	Section 20.  Section 391.029, Florida Statutes, is amended
779	to read:
780	391.029  Program eligibility.--
781	(1)  The department shall establish the medical criteria to
782	determine if an applicant for the Children's Medical Services
783	program is an eligible individual.
784	(2)  The following individuals are financially eligible to
785	receive services through for the program:
786	(a)  A high-risk pregnant female who is eligible for
787	Medicaid.
788	(b)  Children A child with special health care needs from
789	birth to age 21 years of age who are is eligible for Medicaid.
790	(c)  Children A child with special health care needs from
791	birth to age 19 years of age who are is eligible for a program
792	under Title XXI of the Social Security Act.
793	(3)  Subject to the availability of funds, the following
794	individuals may receive services through the program:
795	(a)(d)  Children A child with special health care needs
796	from birth to age 21 years of age whose family income is above
797	financial eligibility requirements under Title XXI of the Social
798	Security Act and whose projected annual cost of care adjusts the
799	family income to Medicaid financial criteria. In cases where the
800	family income is adjusted based on a projected annual cost of
801	care, the family shall participate financially in the cost of
802	care based on criteria established by the department.
803	(b)(e)  Children A child with special health care needs
804	from birth to 21 years of age, as provided defined in Title V of
805	the Social Security Act relating to children with special health
806	care needs.
807	(c)(f)  An infant who receives an award of compensation
808	under s. 766.31(1). The Florida Birth-Related Neurological
809	Injury Compensation Association shall reimburse the Children's
810	Medical Services Network the state's share of funding, which
811	must thereafter be used to obtain matching federal funds under
812	Title XXI of the Social Security Act.
813
814	The department may continue to serve certain children with
815	special health care needs who are 21 years of age or older and
816	who were receiving services from the program prior to April 1,
817	1998. Such children may be served by the department until July
818	1, 2000.
819	(4)(3)  The department shall determine the financial and
820	medical eligibility of children for the program. The department
821	shall also determine the financial ability of the parents, or
822	persons or other agencies having legal custody over such
823	individuals, to pay the costs of health services under the
824	program. The department may pay reasonable travel expenses
825	related to the determination of eligibility for or the provision
826	of health services.
827	(5)(4)  Any child who has been provided with surgical or
828	medical care or treatment under this act prior to being adopted
829	shall continue to be eligible to be provided with such care or
830	treatment after his or her adoption, regardless of the financial
831	ability of the persons adopting the child.
832	Section 21.  Subsection (4) is added to section 391.035,
833	Florida Statutes, to read:
834	391.035  Provider qualifications.--
835	(4)  Notwithstanding any other provision of law, the
836	department may contract with health care providers licensed in
837	another state to provide health services to participants in the
838	Children's Medical Services program when necessary due to an
839	emergency, the availability of specialty services, or a greater
840	convenience to the participant for receiving timely and
841	effective health care services. The department may adopt rules
842	to administer this subsection.
843	Section 22.  Subsection (4) is added to section 391.055,
844	Florida Statutes, to read:
845	391.055  Service delivery systems.--
846	(4)  If a newborn has an abnormal screening result for
847	metabolic or other hereditary and congenital disorders which is
848	identified through the newborn screening program pursuant to s.
849	383.14, the newborn shall be referred to Children's Medical
850	Services for additional testing, medical management, early
851	intervention services, or medical referral.
852	Section 23.  Subsection (4) of section 391.301, Florida
853	Statutes, is renumbered as subsection (3), and present
854	subsection (3) of said section is amended to read:
855	391.301  Developmental evaluation and intervention
856	programs; legislative findings and intent.--
857	(3)  It is the intent of the Legislature to provide a
858	statewide coordinated program to screen, diagnose, and manage
859	high-risk infants identified as hearing-impaired. The program
860	shall develop criteria to identify infants who are at risk of
861	having hearing impairments, and shall ensure that all parents or
862	guardians of newborn infants are provided with materials
863	regarding hearing impairments prior to discharge of the newborn
864	infants from the hospital.
865	Section 24.  Subsections (4), (5), and (6) of section
866	391.302, Florida Statutes, are renumbered as subsections (2),
867	(3), and (4), respectively, and present subsections (2) and (3)
868	of said section are amended to read:
869	391.302  Definitions.--As used in ss. 391.301-391.307, the
870	term:
871	(2)  "Hearing-impaired infant" means an infant who is born
872	with or who has acquired prelingually a hearing loss so severe
873	that, unaided, the infant cannot learn speech and language
874	through normal means.
875	(3)  "High-risk hearing-impaired infant" means an infant
876	who exhibits conditions and factors that include, but are not
877	limited to, a family history of hearing impairment or anatomic
878	malformation which place the infant at an increased risk for
879	hearing impairment.
880	Section 25.  Section 391.303, Florida Statutes, is amended
881	to read:
882	391.303  Program requirements.--
883	(1)  Developmental evaluation and intervention services
884	shall be established at each hospital that provides Level II or
885	Level III neonatal intensive care services. Program services
886	shall be made available to an infant or toddler identified as
887	being at risk for developmental disabilities, or identified as
888	medically involved, who, along with his or her family, would
889	benefit from program services. Program services shall be made
890	available to infants or toddlers in a Level II or Level III
891	neonatal intensive care unit or in a pediatric intensive care
892	unit, infants who are identified as being at high risk for
893	hearing impairment or who are hearing-impaired, or infants who
894	have a metabolic or genetic disorder or condition identified
895	through the newborn screening program. The developmental
896	evaluation and intervention programs are subject to the
897	availability of moneys and the limitations established by the
898	General Appropriations Act or chapter 216. Hearing screening,
899	Evaluation and referral services, and initial developmental
900	assessments services shall be provided to each infant or
901	toddler. Other program services may be provided to an infant or
902	toddler, and the family of the infant or toddler, who do not
903	meet the financial eligibility criteria for the Children's
904	Medical Services program based on the availability of funding,
905	including insurance and fees.
906	(2)  Each developmental evaluation and intervention program
907	shall have a program director, a medical director, and necessary
908	staff to carry out the program. The program director shall
909	establish and coordinate the developmental evaluation and
910	intervention program. The program shall include, but is not
911	limited to:
912	(a)  In-hospital evaluation and intervention services,
913	parent support and training, and family support planning and
914	case management.
915	(b)  Screening and evaluation services to identify each
916	infant at risk of hearing impairment, and a medical and
917	educational followup and care management program for an infant
918	who is identified as hearing-impaired, with management beginning
919	as soon after birth as practicable. The medical management
920	program must include the genetic evaluation of an infant
921	suspected to have genetically determined deafness and an
922	evaluation of the relative risk.
923	(b)(c)  Regularly held multidisciplinary team meetings to
924	develop and update the family support plan. In addition to the
925	family, a multidisciplinary team may include a physician,
926	physician assistant, psychologist, psychotherapist, educator,
927	social worker, nurse, physical or occupational therapist, speech
928	pathologist, developmental evaluation and intervention program
929	director, case manager, others who are involved with the in-
930	hospital and posthospital discharge care plan, and anyone the
931	family wishes to include as a member of the team. The family
932	support plan is a written plan that describes the infant or
933	toddler, the therapies and services the infant or toddler and
934	his or her family need, and the intended outcomes of the
935	services.
936	(c)(d)  Discharge planning by the multidisciplinary team,
937	including referral and followup to primary medical care and
938	modification of the family support plan.
939	(d)(e)  Education and training for neonatal and pediatric
940	intensive care services staff, volunteers, and others, as
941	needed, in order to expand the services provided to high-risk,
942	developmentally disabled, or medically involved, or hearing-
943	impaired infants and toddlers and their families.
944	(e)(f)  Followup intervention services after hospital
945	discharge, to aid the family and the high-risk, developmentally
946	disabled, or medically involved, or hearing-impaired infant's or
947	toddler's transition into the community. Support services shall
948	be coordinated at the request of the family and within the
949	context of the family support plan.
950	(f)(g)  Referral to and coordination of services with
951	community providers.
952	(g)(h)  Educational materials about infant care, infant
953	growth and development, community resources, medical conditions
954	and treatments, and family advocacy. Materials regarding hearing
955	impairments shall be provided to each parent or guardian of a
956	hearing-impaired infant or toddler.
957	(h)(i)  Involvement of the parents and guardians of each
958	identified high-risk, developmentally disabled, or medically
959	involved, or hearing-impaired infant or toddler.
960	Section 26.  Subsections (3) through (6) of section
961	391.305, Florida Statutes, are renumbered as subsections (2)
962	through (5), respectively, and present subsection (2) of said
963	section is amended to read:
964	391.305  Program standards; rules.--
965	(2)  Criteria and procedures for screening, identifying,
966	and diagnosing hearing-impaired infants.
967	Section 27.  Section 391.308, Florida Statutes, is created
968	to read:
969	391.308  Infants and Toddlers Early Intervention
970	program.--The Department of Health may implement and administer
971	The Department of Health may implement and administer Part C of
972	the federal Individuals with Disabilities Education Act (IDEA).
973	(1)  The department, jointly with the Department of
974	Education, shall annually prepare a grant application to the
975	United States Department of Education for funding early
976	intervention services for infants and toddlers with
977	disabilities, ages birth through 36 months, and their families
978	pursuant to Part C of the federal Individuals with Disabilities
979	Education Act.
980	(2)  The department, jointly with the Department of
981	Education, shall include a reading initiative as an early
982	intervention service for infants and toddlers.
983	Section 28.  Subsection (1) of section 395.003, Florida
984	Statutes, is amended to read:
985	395.003  Licensure; issuance, renewal, denial,
986	modification, suspension, and revocation.--
987	(1)(a)  A No person may not shall establish, conduct, or
988	maintain a hospital, ambulatory surgical center, or mobile
989	surgical facility in this state without first obtaining a
990	license under this part.
991	(b)1.  It is unlawful for a any person to use or advertise
992	to the public, in any way or by any medium whatsoever, any
993	facility as a "hospital," "ambulatory surgical center," or
994	"mobile surgical facility" unless the such facility has first
995	secured a license under the provisions of this part.
996	2.  Nothing in This part does not apply applies to
997	veterinary hospitals or to commercial business establishments
998	using the word "hospital," "ambulatory surgical center," or
999	"mobile surgical facility" as a part of a trade name if no
1000	treatment of human beings is performed on the premises of such
1001	establishments.
1002	3.  By December 31, 2004, the Agency for Health Care
1003	Administration shall submit a report to the President of the
1004	Senate and to the Speaker of the House of Representatives
1005	containing the agency's recommendations as to whether it is in
1006	the public interest to allow a hospital to license or operate an
1007	emergency department located off premises of the licensed
1008	hospital. In the event the agency finds it to be in the public
1009	interest, the report shall also recommend licensure criteria for
1010	such medical facilities, including, but not limited to, criteria
1011	related to quality of care and criteria related to, if deemed
1012	necessary by the agency, the elimination of the possibility of
1013	public confusion related to the service capabilities of such a
1014	medical facility in comparison to the service capabilities of an
1015	emergency department located on the premises of the hospital.
1016	Until July 1, 2005, no additional emergency departments located
1017	off the premises of a licensed hospital shall be authorized.
1018	Section 29.  Subsections (3) and (4) of section 395.1027,
1019	Florida Statutes, are renumbered as subsections (4) and (5),
1020	respectively, and a new subsection (3) is added to said section
1021	to read:
1022	395.1027  Regional poison control centers.--
1023	(3)  Upon request, a licensed facility shall release to a
1024	regional poison control center any patient information that is
1025	necessary for case management of poison cases.
1026	Section 30.  Section 395.404, Florida Statutes, is amended
1027	to read:
1028	395.404  Review of trauma registry data; report to central
1029	registry; confidentiality and limited release.--
1030	(1)(a)  Each trauma center shall furnish, and all acute
1031	care hospitals, upon request of the department, shall furnish
1032	for department review, trauma registry data as prescribed by
1033	rule of the department for the purpose of monitoring patient
1034	outcome and ensuring compliance with the standards of approval.
1035	(b)(3)  Trauma registry data obtained pursuant to this
1036	subsection section are confidential and exempt from the
1037	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1038	Constitution. However, the department may provide such trauma
1039	registry data to the person, trauma center, pediatric trauma
1040	referral center, hospital, emergency medical service provider,
1041	local or regional trauma agency, medical examiner, or other
1042	entity from which the data were obtained. The department may
1043	also use or provide trauma registry data for purposes of
1044	research in accordance with the provisions of chapter 405.
1045	(2)  Each trauma center, pediatric trauma referral center,
1046	and acute care hospital shall report to the department's brain
1047	and spinal cord injury central registry consistent with the
1048	procedures and timeframes under s. 381.74 any person who has a
1049	moderate to severe brain or spinal cord injury and shall include
1050	the name, age, residence, and type of disability of the
1051	individual and such additional information as may be deemed
1052	necessary by the department. Notwithstanding the provisions of
1053	s. 381.74, each trauma center and acute care hospital shall
1054	submit severe disability and head-injury registry data to the
1055	department as provided by rule. Each trauma center and acute
1056	care hospital shall continue to provide initial notification of
1057	persons who have severe disabilities and head injuries to the
1058	Department of Health within timeframes provided in chapter 413.
1059	Such initial notification shall be made in the manner prescribed
1060	by the Department of Health for the purpose of providing timely
1061	vocational rehabilitation services to the severely disabled or
1062	head-injured person.
1063	Section 31.  Subsections (3) and (4) of section 400.9905,
1064	Florida Statutes, are renumbered as subsections (4) and (5),
1065	respectively, and amended, and new subsections (3), (6), and (7)
1066	are added to said section, to read:
1067	400.9905  Definitions.--
1068	(3)  "Chief financial officer" means an individual who has
1069	a bachelor's degree from an accredited university in accounting
1070	or finance, or a related field, and who is the person
1071	responsible for the preparation of a clinic's billing.
1072	(4)(3)  "Clinic" means an entity at which health care
1073	services are provided to individuals and which tenders charges
1074	for reimbursement for such services, including a mobile clinic
1075	and a portable equipment provider. For purposes of this part,
1076	the term does not include and the licensure requirements of this
1077	part do not apply to:
1078	(a)  Entities licensed or registered by the state under
1079	chapter 395; or entities licensed or registered by the state and
1080	providing only health care services within the scope of services
1081	authorized under their respective licenses granted under s.
1082	383.30-383.335, chapter 390, chapter 394, chapter 395, chapter
1083	397, this chapter except part XIII, chapter 463, chapter 465,
1084	chapter 466, chapter 478, part I of chapter 483 chapter 480,
1085	chapter 484, or chapter 651; end-stage renal disease providers
1086	authorized under 42 C.F.R. part 405, subpart U; or providers
1087	certified under 42 C.F.R. part 485, subpart B or subpart H, or
1088	any entity that provides neonatal or pediatric hospital-based
1089	healthcare services by licensed practitioners solely within a
1090	hospital licensed under chapter 395.
1091	(b)  Entities that own, directly or indirectly, entities
1092	licensed or registered by the state pursuant to chapter 395; or
1093	entities that own, directly or indirectly, entities licensed or
1094	registered by the state and providing only health care services
1095	within the scope of services authorized pursuant to their
1096	respective licenses granted under s. 383.30-383.335, chapter
1097	390, chapter 394, chapter 395, chapter 397, this chapter except
1098	part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1099	part I of chapter 483 chapter 480, chapter 484, or chapter 651,
1100	end-stage renal disease providers authorized under 42 C.F.R.
1101	part 405, subpart U, or providers certified under 42 C.F.R. part
1102	485, subpart B or subpart H, or any entity that provides
1103	neonatal or pediatric hospital-based healthcare services by
1104	licensed practitioners solely within a hospital licensed under
1105	chapter 395.
1106	(c)  Entities that are owned, directly or indirectly, by an
1107	entity licensed or registered by the state pursuant to chapter
1108	395; or entities that are owned, directly or indirectly, by an
1109	entity licensed or registered by the state and providing only
1110	health care services within the scope of services authorized
1111	pursuant to their respective licenses granted under s. 383.30-
1112	383.335, chapter 390, chapter 394, chapter 395, chapter 397,
1113	this chapter except part XIII, chapter 463, chapter 465, chapter
1114	466, chapter 478, part I of chapter 483 chapter 480, chapter
1115	484, or chapter 651; end-stage renal disease providers
1116	authorized under 42 C.F.R. part 405, subpart U; or providers
1117	certified under 42 C.F.R. part 485, subpart B or subpart H, or
1118	any entity that provides neonatal or pediatric hospital-based
1119	healthcare services by licensed practitioners solely within a
1120	hospital under chapter 395.
1121	(d)  Entities that are under common ownership, directly or
1122	indirectly, with an entity licensed or registered by the state
1123	pursuant to chapter 395; or entities that are under common
1124	ownership, directly or indirectly, with an entity licensed or
1125	registered by the state and providing only health care services
1126	within the scope of services authorized pursuant to their
1127	respective licenses granted under s. 383.30-383.335, chapter
1128	390, chapter 394, chapter 395, chapter 397, this chapter except
1129	part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1130	part I of chapter 483 480, chapter 484, or chapter 651; end-
1131	stage renal disease providers authorized under 42 C.F.R. part
1132	405, subpart U; or providers certified under 42 C.F.R. part 485,
1133	subpart B or subpart H or any entity that provides neonatal or
1134	pediatric hospital-based healthcare services by licensed
1135	practitioners solely within a hospital licensed under chapter
1136	395.
1137	(e)  An entity that is exempt from federal taxation under
1138	26 U.S.C. s. 501(c)(3) or s. 501(c)(4) and any community college
1139	or university clinic, and any entity owned or operated by
1140	federal or state government, including agencies, subdivisions,
1141	or municipalities thereof.
1142	(f) A sole proprietorship, group practice, partnership, or
1143	corporation that provides health care services by physicians
1144	covered by s. 627.419, that is directly supervised by one or
1145	more of such physicians, and that is wholly owned by one or more
1146	of those physicians or by a physician and the spouse, child, or
1147	sibling of that physician.
1148	(g)(f)  A sole proprietorship, group practice, partnership,
1149	or corporation that provides health care services by licensed
1150	health care practitioners under chapter 457, chapter 458,
1151	chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1152	chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1153	chapter 490, chapter 491, or part I, part III, part X, part
1154	XIII, or part XIV of chapter 468, or s. 464.012, which are
1155	wholly owned by one or more a licensed health care practitioners
1156	practitioner, or the licensed health care practitioners set
1157	forth in this paragraph practitioner and the spouse, parent, or
1158	child, or sibling of a licensed health care practitioner, so
1159	long as one of the owners who is a licensed health care
1160	practitioner is supervising the business activities services
1161	performed therein and is legally responsible for the entity's
1162	compliance with all federal and state laws. However, a health
1163	care practitioner may not supervise services beyond the scope of
1164	the practitioner's license, except that, for the purposes of
1165	this part, a clinic owned by a licensee in s. 456.053(3)(b) that
1166	provides only services authorized pursuant to s. 456.053(3)(b)
1167	may be supervised by a licensee specified in s. 456.053(3)(b).
1168	(h)(g)  Clinical facilities affiliated with an accredited
1169	medical school at which training is provided for medical
1170	students, residents, or fellows.
1171	(i)  Entities that provide only oncology or radiation
1172	therapy services by physicians licensed under chapter 458 or
1173	chapter 459.
1174	(5)(4)  "Medical director" means a physician who is
1175	employed or under contract with a clinic and who maintains a
1176	full and unencumbered physician license in accordance with
1177	chapter 458, chapter 459, chapter 460, or chapter 461. However,
1178	if the clinic does not provide services pursuant to the
1179	respective physician practices acts listed in this subsection,
1180	it is limited to providing health care services pursuant to
1181	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
1182	491 or part I, part III, part X, part XIII, or part XIV of
1183	chapter 468, the clinic may appoint a Florida-licensed health
1184	care practitioner who does not provide services pursuant to the
1185	respective physician practices acts listed in this subsection
1186	licensed under that chapter to serve as a clinic director who is
1187	responsible for the clinic's activities. A health care
1188	practitioner may not serve as the clinic director if the
1189	services provided at the clinic are beyond the scope of that
1190	practitioner's license, except that a licensee specified in s.
1191	456.053(3)(b) who provides only services authorized pursuant to
1192	s. 456.053(3)(b) may serve as clinic director of an entity
1193	providing services as specified in s. 456.053(3)(b).
1194	(6)  "Mobile clinic" means a movable or detached self-
1195	contained health care unit within or from which direct health
1196	care services are provided to individuals and which otherwise
1197	meets the definition of a clinic in subsection (4).
1198	(7)  "Portable equipment provider" means an entity that
1199	contracts with or employs persons to provide portable equipment
1200	to multiple locations performing treatment or diagnostic testing
1201	of individuals, that bills third-party payors for those
1202	services, and that otherwise meets the definition of a clinic in
1203	subsection (4).
1204	Section 32.  The creation of s. 400.9905(4)(i), Florida
1205	Statutes, by this act is intended to clarify the legislative
1206	intent of this provision as it existed at the time the
1207	provisions initially took effect as ss. 456.0375(1)(b) and
1208	400.9905(4)(i), Florida Statutes, as created by this act, shall
1209	operate retroactively to October 1, 2001. Nothing in this
1210	section shall be construed as amending, modifying, limiting, or
1211	otherwise affecting in any way the legislative intent, scope,
1212	terms, prohibition, or requirements of s. 456.053, Florida
1213	Statutes.
1214	Section 33.  Subsections (1), (2), and (3) and paragraphs
1215	(a) and (b) of subsection (7) of section 400.991, Florida
1216	Statutes, are amended to read:
1217	400.991  License requirements; background screenings;
1218	prohibitions.--
1219	(1)(a)  Each clinic, as defined in s. 400.9905, must be
1220	licensed and shall at all times maintain a valid license with
1221	the agency. Each clinic location shall be licensed separately
1222	regardless of whether the clinic is operated under the same
1223	business name or management as another clinic.
1224	(b)  Each mobile clinic must obtain a separate health care
1225	clinic license and clinics must provide to the agency, at least
1226	quarterly, its their projected street location locations to
1227	enable the agency to locate and inspect such clinic clinics. A
1228	portable equipment provider must obtain a health care clinic
1229	license for a single administrative office and is not required
1230	to submit quarterly projected street locations.
1231	(2)  The initial clinic license application shall be filed
1232	with the agency by all clinics, as defined in s. 400.9905, on or
1233	before July March 1, 2004. A clinic license must be renewed
1234	biennially.
1235	(3)  Applicants that submit an application on or before
1236	July March 1, 2004, which meets all requirements for initial
1237	licensure as specified in this section shall receive a temporary
1238	license until the completion of an initial inspection verifying
1239	that the applicant meets all requirements in rules authorized in
1240	s. 400.9925. However, a clinic engaged in magnetic resonance
1241	imaging services may not receive a temporary license unless it
1242	presents evidence satisfactory to the agency that such clinic is
1243	making a good faith effort and substantial progress in seeking
1244	accreditation required under s. 400.9935.
1245	(7)  Each applicant for licensure shall comply with the
1246	following requirements:
1247	(a)  As used in this subsection, the term "applicant" means
1248	individuals owning or controlling, directly or indirectly, 5
1249	percent or more of an interest in a clinic; the medical or
1250	clinic director, or a similarly titled person who is responsible
1251	for the day-to-day operation of the licensed clinic; the
1252	financial officer or similarly titled individual who is
1253	responsible for the financial operation of the clinic; and
1254	licensed health care practitioners medical providers at the
1255	clinic.
1256	(b)  Upon receipt of a completed, signed, and dated
1257	application, the agency shall require background screening of
1258	the applicant, in accordance with the level 2 standards for
1259	screening set forth in chapter 435. Proof of compliance with the
1260	level 2 background screening requirements of chapter 435 which
1261	has been submitted within the previous 5 years in compliance
1262	with any other health care licensure requirements of this state
1263	is acceptable in fulfillment of this paragraph. Applicants who
1264	own less than 10 percent of a health care clinic are not
1265	required to submit fingerprints under this section.
1266	Section 34.  Paragraph (g) of subsection (1), subsection
1267	(9), and paragraph (b) of subsection (11) of section 400.9935,
1268	Florida Statutes, are amended to read:
1269	400.9935  Clinic responsibilities.--
1270	(1)  Each clinic shall appoint a medical director or clinic
1271	director who shall agree in writing to accept legal
1272	responsibility for the following activities on behalf of the
1273	clinic. The medical director or the clinic director shall:
1274	(g)  Conduct systematic reviews of clinic billings to
1275	ensure that the billings are not fraudulent or unlawful. Upon
1276	discovery of an unlawful charge, the medical director or clinic
1277	director shall take immediate corrective action. If the clinic
1278	performs only the technical component of magnetic resonance
1279	imaging, static radiographs, computed tomography, or positron
1280	emission tomography and provides the professional interpretation
1281	of such services, in a fixed facility that is accredited by the
1282	Joint Commission on Accreditation of Healthcare Organizations or
1283	the Accreditation Association for Ambulatory Health Care and the
1284	American College of Radiology, and if, in the preceding quarter,
1285	the percentage of scans performed by that clinic that were
1286	billed to a personal injury protection insurance carrier was
1287	less than 15 percent, the chief financial officer of the clinic
1288	may, in a written acknowledgment provided to the agency, assume
1289	the responsibility for the conduct of the systematic reviews of
1290	clinic billings to ensure that the billings are not fraudulent
1291	or unlawful.
1292	(9)  Any person or entity providing health care services
1293	which is not a clinic, as defined under s. 400.9905, may
1294	voluntarily apply for a certificate of exemption from licensure
1295	under its exempt status with the agency on a form that sets
1296	forth its name or names and addresses, a statement of the
1297	reasons why it cannot be defined as a clinic, and other
1298	information deemed necessary by the agency. An exemption is not
1299	transferable. The agency may charge an applicant for a
1300	certificate of exemption in an amount equal to $100 or the
1301	actual cost of processing the certificate, whichever is less.
1302	(11)
1303	(b)  The agency may deny disallow the application or revoke
1304	the license of any entity formed for the purpose of avoiding
1305	compliance with the accreditation provisions of this subsection
1306	and whose principals were previously principals of an entity
1307	that was unable to meet the accreditation requirements within
1308	the specified timeframes. The agency may adopt rules as to the
1309	accreditation of magnetic resonance imaging clinics.
1310	Section 35.  Subsections (1) and (3) of section 400.995,
1311	Florida Statutes, are amended, and a new subsection (10) is
1312	added to said section, to read:
1313	400.995  Agency administrative penalties.--
1314	(1)  The agency may deny the application for a license
1315	renewal, revoke or suspend the license, and impose
1316	administrative fines penalties against clinics of up to $5,000
1317	per violation for violations of the requirements of this part or
1318	rules of the agency. In determining if a penalty is to be
1319	imposed and in fixing the amount of the fine, the agency shall
1320	consider the following factors:
1321	(a)  The gravity of the violation, including the
1322	probability that death or serious physical or emotional harm to
1323	a patient will result or has resulted, the severity of the
1324	action or potential harm, and the extent to which the provisions
1325	of the applicable laws or rules were violated.
1326	(b)  Actions taken by the owner, medical director, or
1327	clinic director to correct violations.
1328	(c)  Any previous violations.
1329	(d)  The financial benefit to the clinic of committing or
1330	continuing the violation.
1331	(3)  Any action taken to correct a violation shall be
1332	documented in writing by the owner, medical director, or clinic
1333	director of the clinic and verified through followup visits by
1334	agency personnel. The agency may impose a fine and, in the case
1335	of an owner-operated clinic, revoke or deny a clinic's license
1336	when a clinic medical director or clinic director knowingly
1337	fraudulently misrepresents actions taken to correct a violation.
1338	(10)  If the agency issues a notice of intent to deny a
1339	license application after a temporary license has been issued
1340	pursuant to s. 400.991(3), the temporary license shall expire on
1341	the date of the notice and may not be extended during any
1342	proceeding for administrative or judicial review pursuant to
1343	chapter 120.
1344	Section 36.  The Agency for Health Care Administration is
1345	directed to make refunds to applicants that submitted their
1346	health care clinic licensure fees and applications but were
1347	subsequently exempted from licensure by this act as follows:
1348	(1)  Seventy-five percent of the application fee if the
1349	temporary license has not been issued;
1350	(2)  Fifty percent of the application fee if the temporary
1351	license has been issued but the inspection has not been
1352	completed; or
1353	(3)  No refund if the inspection has been completed.
1354	Section 37.  Any person or entity defined as a clinic under
1355	s. 400.9905, Florida Statutes, shall not be in violation of part
1356	XIII of chapter 400, Florida Statutes, due to failure to apply
1357	for a clinic license by March 1, 2004, as previously required by
1358	s. 400.991, Florida Statutes. Payment to any such person or
1359	entity by an insurer or other person liable for payment to such
1360	person or entity may not be denied on the grounds that the
1361	person or entity failed to apply for or obtain a clinic license
1362	before March 1, 2004.
1363	Section 38.  Section 33 of this act shall apply
1364	retroactively to March 1, 2004.
1365	Section 39.  Section 401.211, Florida Statutes, is amended
1366	to read:
1367	401.211  Legislative intent.--The Legislature recognizes
1368	that the systematic provision of emergency medical services
1369	saves lives and reduces disability associated with illness and
1370	injury. In addition, that system of care must be equally capable
1371	of assessing, treating, and transporting children, adults, and
1372	frail elderly persons. Further, it is the intent of the
1373	Legislature to encourage the development and maintenance of
1374	emergency medical services because such services are essential
1375	to the health and well-being of all citizens of the state. The
1376	Legislature also recognizes that the establishment of a
1377	comprehensive statewide injury prevention program supports state
1378	and community health systems by further enhancing the total
1379	delivery system of emergency medical services and reduces
1380	injuries for all persons. The purpose of this part is to protect
1381	and enhance the public health, welfare, and safety through the
1382	establishment of an emergency medical services state plan, an
1383	advisory council, a comprehensive statewide injury prevention
1384	program, minimum standards for emergency medical services
1385	personnel, vehicles, services and medical direction, and the
1386	establishment of a statewide inspection program created to
1387	monitor the quality of patient care delivered by each licensed
1388	service and appropriately certified personnel.
1389	Section 40.  Section 401.243, Florida Statutes, is created
1390	to read:
1391	401.243  Injury prevention.--The department shall establish
1392	an injury prevention program which shall be responsible for the
1393	statewide coordination and expansion of injury prevention
1394	activities. The duties of the program may include, but are not
1395	limited to, data collection, surveillance, education, and the
1396	promotion of interventions. In addition, the program may:
1397	(1)  Provide communities, county health departments, and
1398	other state agencies with injury prevention expertise and
1399	guidance.
1400	(2)  Seek, receive, and expend funds received from grants,
1401	donations, or contributions from public or private sources for
1402	program purposes.
1403	(3)  Develop, and revise as necessary, a comprehensive
1404	state plan for injury prevention.
1405	(4)  Adopt rules governing the implementation of grant
1406	programs. Rules may include, but need not be limited to,
1407	criteria regarding the application process, the selection of
1408	grantees, the implementation of injury prevention activities,
1409	data collection, surveillance, education, and the promotion of
1410	interventions.
1411	Section 41.  Subsection (4) of section 404.056, Florida
1412	Statutes, is amended to read:
1413	404.056  Environmental radiation standards and projects;
1414	certification of persons performing measurement or mitigation
1415	services; mandatory testing; notification on real estate
1416	documents; rules.--
1417	(4)  MANDATORY TESTING.--All public and private school
1418	buildings or school sites housing students in kindergarten
1419	through grade 12; all state-owned, state-operated, state-
1420	regulated, or state-licensed 24-hour care facilities; and all
1421	state-licensed day care centers for children or minors which are
1422	located in counties designated within the Department of
1423	Community Affairs' Florida Radon Protection Map Categories as
1424	"Intermediate" or "Elevated Radon Potential" shall be measured
1425	to determine the level of indoor radon, using measurement
1426	procedures established by the department. Initial measurements
1427	Testing shall be conducted completed within the first year of
1428	construction in 20 percent of the habitable first floor spaces
1429	within any of the regulated buildings and. Initial measurements
1430	shall be completed and reported to the department within 1 by
1431	July 1 of the year after the date the building is opened for
1432	occupancy or within 1 year after license approval for the entity
1433	residing in the existing building. Followup testing must be
1434	completed in 5 percent of the habitable first floor spaces
1435	within any of the regulated buildings after the building has
1436	been occupied for 5 years, and results must be reported to the
1437	department by the 1st day July 1 of the 6th 5th year of
1438	occupancy. After radon measurements have been made twice,
1439	regulated buildings need not undergo further testing unless
1440	significant structural changes occur. No funds collected
1441	pursuant to s. 553.721 shall be used to carry out the provisions
1442	of this subsection.
1443	Section 42.  Subsection (1) and paragraph (g) of subsection
1444	(3) of section 468.302, Florida Statutes, are amended to read:
1445	468.302  Use of radiation; identification of certified
1446	persons; limitations; exceptions.--
1447	(1)  Except as hereinafter provided, no person shall use
1448	radiation or otherwise practice radiologic technology on a human
1449	being unless he or she:
1450	(a)  Is a licensed practitioner; or
1451	(b)  Is the holder of a certificate, as provided in this
1452	part, and is operating under the direct supervision or general
1453	supervision of a licensed practitioner in each particular case.
1454	(3)
1455	(g)1.  A person holding a certificate as a nuclear medicine
1456	technologist may only:
1457	a.  Conduct in vivo and in vitro measurements of
1458	radioactivity and administer radiopharmaceuticals to human
1459	beings for diagnostic and therapeutic purposes.
1460	b.  Administer X-radiation from a combination nuclear
1461	medicine-computed tomography device if that radiation is
1462	administered as an integral part of a nuclear medicine procedure
1463	that uses an automated computed tomography protocol for the
1464	purposes of attenuation correction and anatomical localization
1465	and the person has received device-specific training on the
1466	combination device.
1467	2.  However, The authority of a nuclear medicine
1468	technologist under this paragraph excludes:
1469	a.  Radioimmunoassay and other clinical laboratory testing
1470	regulated pursuant to chapter 483.
1471	b.  Creating or modifying automated computed tomography
1472	protocols.
1473	c.  Any other operation of a computed tomography device,
1474	especially for the purposes of stand-alone diagnostic imaging,
1475	which must be performed by a general radiographer certified
1476	under this part.
1477	Section 43.  Section 468.304, Florida Statutes, is amended
1478	to read:
1479	468.304  Certification examination; admission.--The
1480	department shall certify admit to examination for certification
1481	any applicant who meets the following criteria:
1482	(1)  Pays to the department a nonrefundable fee not to
1483	exceed $100 plus the actual per-applicant cost to the department
1484	for purchasing the examination from a national organization.
1485	(2)  Submits a completed application on a form specified by
1486	the department. An incomplete application shall expire 6 months
1487	after initial filing. The application shall require the social
1488	security number of the applicant. Each applicant shall notify
1489	the department in writing of his or her current mailing address.
1490	Notwithstanding the provisions of any other statute, service by
1491	regular mail to an applicant's last reported mailing address
1492	constitutes adequate and sufficient notice of any official
1493	department communication to the applicant.
1494	(3)  and Submits satisfactory evidence, verified by oath or
1495	affirmation, that she or he:
1496	(a)(1)  Is at least 18 years of age at the time of
1497	application;
1498	(b)(2)  Is a high school, vocational school, technical
1499	school, or college graduate or has successfully completed the
1500	requirements for a graduate equivalency diploma (GED) or its
1501	equivalent;
1502	(c)(3)  Is of good moral character; and
1503	(d)  Has passed an examination as specified in s. 468.306
1504	or meets the requirements specified in s. 468.3065; and
1505	(e)1.(4)(a)  Has successfully completed an educational
1506	program, which program may be established in a hospital licensed
1507	pursuant to chapter 395 or in an accredited postsecondary
1508	academic institution which is subject to approval by the
1509	department as maintaining a satisfactory standard; or
1510	2.a.(b)1.  With respect to an applicant for a basic X-ray
1511	machine operator's certificate, has completed a course of study
1512	approved by the department with appropriate study material
1513	provided the applicant by the department;
1514	b.2.  With respect to an applicant for a basic X-ray
1515	machine operator-podiatric medicine certificate, has completed a
1516	course of study approved by the department, provided that such
1517	course of study shall be limited to that information necessary
1518	to perform radiographic procedures within the scope of practice
1519	of a podiatric physician licensed pursuant to chapter 461;
1520	c.3.  With respect only to an applicant for a general
1521	radiographer's certificate who is a basic X-ray machine operator
1522	certificateholder, has completed an educational program or a 2-
1523	year training program that takes into account the types of
1524	procedures and level of supervision usually and customarily
1525	practiced in a hospital, which educational or training program
1526	complies with the rules of the department; or
1527	d.4.  With respect only to an applicant for a nuclear
1528	medicine technologist's certificate who is a general
1529	radiographer certificateholder, has completed an educational
1530	program or a 2-year training program that takes into account the
1531	types of procedures and level of supervision usually and
1532	customarily practiced in a hospital, which educational or
1533	training program complies with the rules of the department.
1534	(4)  Submits complete documentation of any criminal offense
1535	in any jurisdiction of which the applicant has been found
1536	guilty, regardless of whether adjudication of guilt was
1537	withheld, or to which the applicant has pled guilty or nolo
1538	contendere.
1539	(5)  Submits complete documentation of any final
1540	disciplinary action taken against the applicant by a licensing
1541	or regulatory body in any jurisdiction, by a national
1542	organization, or by a specialty board that is recognized by the
1543	department. Disciplinary action includes revocation, suspension,
1544	probation, reprimand, or being otherwise acted against,
1545	including being denied certification, or resigning from or
1546	nonrenewal of membership taken in lieu of or in settlement of a
1547	pending disciplinary case.
1548
1549	The department may not certify any applicant who has committed
1550	an offense that would constitute a violation of any of the
1551	provisions of s. 468.3101 or the rules adopted thereunder if the
1552	applicant had been certified by the department at the time of
1553	the offense. In addition, no application for a limited computed
1554	tomography certificate shall be accepted, and. all persons
1555	holding valid computed tomography certificates as of October 1,
1556	1984, are subject to the provisions of s. 468.309.
1557	Section 44.  Section 468.306, Florida Statutes, is amended
1558	to read:
1559	468.306  Examinations.--All applicants, except those
1560	certified pursuant to s. 468.3065, shall be required to pass an
1561	examination. The department is authorized to develop or use
1562	examinations for each type of certificate. The department may
1563	require an applicant who does not pass an examination after five
1564	attempts to complete additional remedial education, as specified
1565	by rule of the department, before admitting the applicant to
1566	subsequent examinations.
1567	(1)  The department shall have the authority to contract
1568	with organizations that develop such test examinations.
1569	Examinations may be administered by the department or the
1570	contracting organization.
1571	(2)  Examinations shall be given for each type of
1572	certificate at least twice a year at such times and places as
1573	the department may determine to be advantageous for applicants.
1574	If an applicant applies less than 75 days before an examination,
1575	the department may schedule the applicant for a later
1576	examination.
1577	(3)  All examinations shall be written and include
1578	positioning, technique, and radiation protection. The department
1579	shall either pass or fail each applicant on the basis of his or
1580	her final grade. The examination for a basic X-ray machine
1581	operator shall include basic positioning and basic techniques
1582	directly related to the skills necessary to safely operate
1583	radiographic equipment.
1584	(4)  A nonrefundable fee not to exceed $75 plus the actual
1585	per-applicant cost for purchasing the examination from a
1586	national organization shall be charged for any subsequent
1587	examination.
1588	Section 45.  Section 468.3065, Florida Statutes, is amended
1589	to read:
1590	468.3065  Certification by endorsement.--The department may
1591	issue a certificate by endorsement to practice radiologic
1592	technology to an applicant who, upon applying to the department
1593	and remitting a nonrefundable fee not to exceed $50,
1594	demonstrates to the department that he or she holds a current
1595	certificate, license, or registration to practice radiologic
1596	technology, provided that the requirements for such certificate,
1597	license, or registration are deemed by the department to be
1598	substantially equivalent to those established under this part
1599	and rules adopted hereunder.
1600	Section 46.  Subsection (1) of section 468.307, Florida
1601	Statutes, is amended to read:
1602	468.307  Certificate; issuance; display.--
1603	(1)  The department shall issue a certificate to each
1604	candidate who has met the requirements of ss. 468.304 and
1605	468.306 or has qualified under s. 468.3065. The department may
1606	by rule establish a subcategory of a certificate issued under
1607	this part limiting the certificateholder to a specific procedure
1608	or specific type of equipment. The first regular certificate
1609	issued to a new certificateholder shall expire on the last day
1610	of the certificateholder's birth month and shall be at least 12
1611	months but no more than 24 months in duration. However, if the
1612	new certificateholder already holds a regular, active
1613	certificate in a different category under this part, the new
1614	certificate shall be combined with and expire on the same date
1615	as the existing certificate.
1616	Section 47.  Section 468.309, Florida Statutes, is amended
1617	to read:
1618	468.309  Certificate; duration; renewal; reversion to
1619	inactive status; members of Armed Forces and spouses.--
1620	(1)(a)  A radiologic technologist's certificate issued in
1621	accordance with this part expires as specified in rules adopted
1622	by the department which establish a procedure for the biennial
1623	renewal of certificates. A certificate shall be renewed by the
1624	department for a period of 2 years upon payment of a renewal fee
1625	in an amount not to exceed $75 and upon submission of a renewal
1626	application containing such information as the department deems
1627	necessary to show that the applicant for renewal is a radiologic
1628	technologist in good standing and has completed any continuing
1629	education requirements that the department establishes.
1630	(b)  Sixty days before the end of the biennium, the
1631	department shall mail a notice of renewal to the last known
1632	address of the certificateholder.
1633	(c)  Each certificateholder shall notify the department in
1634	writing of his or her current mailing address and place of
1635	practice. Notwithstanding the provisions of any other statute,
1636	service by regular mail to a certificateholder's last reported
1637	mailing address constitutes adequate and sufficient notice of
1638	any official department communication to the certificateholder.
1639	(2)  The department shall adopt rules establishing a
1640	procedure for the biennial renewal of certificates.
1641	(3)  The department may, by rule, prescribe continuing
1642	education requirements, not to exceed 24 hours each licensure
1643	period, as a condition for renewal of a certificate. The
1644	criteria for approval of continuing education providers,
1645	courses, and programs shall be as specified approved by the
1646	department. Continuing education, which may be required for
1647	persons certified under this part, may be obtained through home
1648	study courses approved by the department.
1649	(4)  Any certificate which is not renewed by its expiration
1650	date at the end of the biennium prescribed by the department
1651	shall automatically be placed in an expired status and the
1652	certificateholder shall not practice radiologic technology until
1653	the certificate has been reactivated revert to an inactive
1654	status. Such certificate may be reactivated only if the
1655	certificateholder meets the other qualifications for
1656	reactivation in s. 468.3095.
1657	(5)  A certificateholder in good standing remains in good
1658	standing when he or she becomes a member of the Armed Forces of
1659	the United States on active duty without paying renewal fees or
1660	accruing continuing education credits as long as he or she is a
1661	member of the Armed Forces on active duty and for a period of 6
1662	months after discharge from active duty, if he or she is not
1663	engaged in practicing radiologic technology in the private
1664	sector for profit. The certificateholder must pay a renewal fee
1665	and complete continuing education not to exceed 12 classroom
1666	hours to renew the certificate.
1667	(6)  A certificateholder who is in good standing remains in
1668	good standing if he or she is absent from the state because of
1669	his or her spouse's active duty with the Armed Forces of the
1670	United States. The certificateholder remains in good standing
1671	without paying renewal fees or completing continuing education
1672	as long as his or her spouse is a member of the Armed Forces on
1673	active duty and for a period of 6 months after the spouse's
1674	discharge from active duty, if the certificateholder is not
1675	engaged in practicing radiologic technology in the private
1676	sector for profit. The certificateholder must pay a renewal fee
1677	and complete continuing education not to exceed 12 classroom
1678	hours to renew the certificate.
1679	(7)  A certificateholder may resign his or her
1680	certification by submitting to the department a written,
1681	notarized resignation on a form specified by the department. The
1682	resignation shall automatically become effective upon the
1683	department's receipt of the resignation form, at which time the
1684	certificateholder's certification automatically becomes null and
1685	void and cannot be reactivated or renewed or used to practice
1686	radiologic technology. A certificateholder who has resigned may
1687	become certified again only by reapplying to the department for
1688	certification as a new applicant and meeting the certification
1689	requirements pursuant to s. 468.304 or s. 468.3065. Any
1690	disciplinary action that had been imposed on the
1691	certificateholder prior to his or her resignation shall be
1692	tolled until he or she again becomes certified. Any disciplinary
1693	action proposed at the time of the certificateholder's
1694	resignation shall be tolled until he or she again becomes
1695	certified.
1696	Section 48.  Subsection (2) of section 468.3095, Florida
1697	Statutes, is amended to read:
1698	468.3095  Expired or inactive status; reactivation;
1699	automatic suspension; reinstatement.--
1700	(2)(a)  A certificate which has been expired inactive for
1701	less than 10 years 1 year after the end of the biennium
1702	prescribed by the department may be reactivated renewed pursuant
1703	to s. 468.309 upon payment of the biennial renewal fee and a
1704	late renewal fee not to exceed $100 and submission of a
1705	reactivation application containing such information as the
1706	department deems necessary to show that the applicant is a
1707	radiologic technologist in good standing and has met the
1708	continuing education requirements. The renewed certificate shall
1709	expire 2 years after the date the certificate automatically
1710	reverted to inactive status.
1711	(b)  A certificate which has been inactive for less that 10
1712	years more than 1 year may be reactivated by meeting all of the
1713	requirements of s. 468.3095(2)(a) for expired certificates
1714	except for payment of the late renewal fee upon application to
1715	the department. The department shall prescribe, by rule,
1716	continuing education requirements as a condition of reactivating
1717	a certificate. The continuing education requirements for
1718	reactivating a certificate shall not exceed 10 classroom hours
1719	for each year the certificate was inactive and shall in no event
1720	exceed 100 classroom hours for all years in which the
1721	certificate was inactive.
1722	(c)  A certificate which has been inactive or expired for
1723	more than 10 years or more shall automatically become void and
1724	cannot be reactivated, renewed, or used to practice radiologic
1725	technology be suspended. One year before the suspension, the
1726	department shall give notice to the certificateholder. A
1727	suspended certificate may be reinstated as provided for original
1728	issuance in s. 468.307. A certificateholder whose certificate
1729	has become null and void may only become certified again by
1730	reapplying to the department as a new applicant and meeting the
1731	requirements pursuant to s. 468.304 or s. 468.3065.
1732	(d)  When an expired or inactive certificate is
1733	reactivated, the reactivated certificate shall expire on the
1734	last day of the certificateholder's birth month and shall be at
1735	least 12 months but no more than 24 months in duration. However,
1736	if the reactivating certificateholder already holds a regular,
1737	active certificate in a different category under this part, then
1738	the reactivated certificate shall be combined with and expire on
1739	the same date as the existing certificate.
1740	Section 49.  Subsection (1) of section 468.3101, Florida
1741	Statutes, is amended, and subsections (5) and (6) are added to
1742	said section, to read:
1743	468.3101  Disciplinary grounds and actions.--
1744	(1)  The department may make or require to be made such
1745	investigations, inspections, evaluations, and tests, and require
1746	the submission of such documents and statements, as it deems
1747	necessary to determine whether a violation of this part has
1748	occurred. The following acts shall be grounds for disciplinary
1749	action as set forth in this section:
1750	(a)  Procuring, attempting to procure, or renewing a
1751	certificate to practice radiologic technology by bribery, by
1752	fraudulent misrepresentation, or through an error of the
1753	department.
1754	(b)  Having a voluntary or mandatory certificate to
1755	practice radiologic technology revoked, suspended, or otherwise
1756	acted against, including being denied certification, by a
1757	national organization, by a specialty board recognized by the
1758	department, or by a the certification authority of another
1759	state, territory, or country.
1760	(c)  Being convicted or found guilty, regardless of
1761	adjudication, in any jurisdiction of a crime which directly
1762	relates to the practice of radiologic technology or to the
1763	ability to practice radiologic technology. Pleading A plea of
1764	nolo contendere shall be considered a conviction for the purpose
1765	of this provision.
1766	(d)  Being convicted or found guilty, regardless of
1767	adjudication, in any jurisdiction of a crime against a person.
1768	Pleading A plea of nolo contendere shall be considered a
1769	conviction for the purposes of this provision.
1770	(e)  Making or filing a false report or record which the
1771	certificateholder knows to be false, intentionally or
1772	negligently failing to file a report or record required by state
1773	or federal law, or willfully impeding or obstructing such filing
1774	or inducing another to do so. Such reports or records include
1775	only those reports or records which are signed in the capacity
1776	as a radiologic technologist.
1777	(f)  Engaging in unprofessional conduct, which includes,
1778	but is not limited to, any departure from, or the failure to
1779	conform to, the standards of practice of radiologic technology
1780	as established by the department, in which case actual injury
1781	need not be established.
1782	(g)  Being unable to practice radiologic technology with
1783	reasonable skill and safety to patients by reason of illness;
1784	drunkenness; or use of alcohol, drugs, narcotics, chemicals, or
1785	other materials or as a result of any mental or physical
1786	condition. A radiologic technologist affected under this
1787	paragraph shall, at reasonable intervals, be afforded an
1788	opportunity to demonstrate that he or she can resume the
1789	competent practice of radiologic technology with reasonable
1790	skill and safety.
1791	(h)  Failing to report to the department any person who the
1792	certificateholder knows is in violation of this part or of the
1793	rules of the department.
1794	(i)  Violating any provision of this part, any rule of the
1795	department, or any lawful order of the department previously
1796	entered in a disciplinary proceeding or failing to comply with a
1797	lawfully issued subpoena of the department.
1798	(j)  Employing, for the purpose of applying ionizing
1799	radiation or otherwise practicing radiologic technology on to
1800	any human being, any individual who is not certified under the
1801	provisions of this part.
1802	(k)  Testing positive for any drug, as defined in s.
1803	112.0455, on any confirmed preemployment or employer-required
1804	drug screening when the radiologic technologist does not have a
1805	lawful prescription and legitimate medical reason for using such
1806	drug.
1807	(l)  Failing to report to the department in writing within
1808	30 days after the certificateholder has had a voluntary or
1809	mandatory certificate to practice radiologic technology revoked,
1810	suspended, or otherwise acted against, including being denied
1811	certification, by a national organization, by a specialty board
1812	recognized by the department, or by a certification authority of
1813	another state, territory, or country.
1814	(m)  Having been found guilty of, regardless of
1815	adjudication, or pleading nolo contendere or guilty to, any
1816	offense prohibited under s. 435.03 or under any similar statute
1817	of another jurisdiction.
1818	(n)  Failing to comply with the recommendations of the
1819	department's impaired practitioner program for treatment,
1820	evaluation, or monitoring. A letter from the director of the
1821	impaired practitioner program that the certificateholder is not
1822	in compliance shall be considered conclusive proof under this
1823	part.
1824	(5)  A final disciplinary action taken against a radiologic
1825	technologist in another jurisdiction, whether voluntary or
1826	mandatory, shall be considered conclusive proof of grounds for a
1827	disciplinary proceeding under this part.
1828	(6)  The department may revoke a continuing education
1829	provider and its approved courses if the provider has been
1830	revoked, suspended, or otherwise acted against by a national
1831	organization, by a specialty board recognized by the department,
1832	or by a certification authority of another state, territory, or
1833	country. The department may, by rule, establish additional
1834	guidelines and criteria for the discipline of continuing
1835	education providers, including, but not limited to, revocation
1836	of a continuing education provider or continuing education
1837	course and the refusal to approve a continuing education
1838	provider or continuing education course.
1839	Section 50.  Paragraph (a) of subsection (5) of section
1840	489.553, Florida Statutes, is amended to read:
1841	489.553  Administration of part; registration
1842	qualifications; examination.--
1843	(5)  To be eligible for registration by the department as a
1844	master septic tank contractor, the applicant must:
1845	(a)  Have been a registered septic tank contractor in
1846	Florida for at least 3 years or a plumbing contractor certified
1847	under part I of this chapter who has provided septic tank
1848	contracting services for at least 3 years. The 3 years must
1849	immediately precede the date of application and may not be
1850	interrupted by any probation, suspension, or revocation imposed
1851	by the licensing agency.
1852	Section 51.  Section 489.554, Florida Statutes, is amended
1853	to read:
1854	489.554  Registration renewal.--
1855	(1)  The department shall prescribe by rule the method for
1856	approval of continuing education courses, and for renewal of
1857	annual registration, for inactive status for late filing of
1858	renewal applications, for allowing contractors to hold their
1859	registration in inactive status for a specified time period, and
1860	for reactivating registrations.
1861	(2)  At a minimum, annual renewal shall include continuing
1862	education requirements of not less than 6 classroom hours
1863	annually for septic tank contractors and not less than 12
1864	classroom hours annually for master septic tank contractors. The
1865	12 classroom hours of continuing education required for master
1866	septic tank contractors may include the 6 classroom hours
1867	required for septic tank contractors, but at a minimum must
1868	include 6 classroom hours of approved master septic tank
1869	contractor coursework.
1870	(3)  Certificates of registration shall become inactive
1871	when a renewal application is not filed in a timely manner. A
1872	certificate that has become inactive may be reactivated under
1873	this section by application to the department. A licensed
1874	contractor may apply to the department for voluntary inactive
1875	status at any time during the period of registration.
1876	(4)  Master septic tank contractors may elect to revert to
1877	registered septic tank contractor status at any time during the
1878	period of registration. The department shall prescribe by rule
1879	the method for a master septic tank contractor who has reverted
1880	to registered septic tank contractor status to reapply for
1881	master septic tank contractor status.
1882	(5)  The department shall deny an application for renewal
1883	if there is any outstanding administrative penalty with the
1884	department when the penalty is final agency action and all
1885	judicial reviews are exhausted.
1886	Section 52.  Paragraph (d) is added to subsection (1) of
1887	section 766.309, Florida Statutes, to read:
1888	766.309  Determination of claims; presumption; findings of
1889	administrative law judge binding on participants.--
1890	(1)  The administrative law judge shall make the following
1891	determinations based upon all available evidence:
1892	(d)  Whether, if raised by the claimant or other party, the
1893	factual determinations regarding the notice requirements in s.
1894	766.316 are satisfied. The administrative law judge has the
1895	exclusive jurisdiction to make these factual determinations.
1896	Section 53.  The amendment to s. 766.309, Florida Statutes,
1897	contained in this act, is intended to clarify that the
1898	administrative law judge has always had the exclusive
1899	jurisdiction to make factual determinations as to whether the
1900	notice requirements in s. 766.316, Florida Statutes, are
1901	satisfied.
1902	Section 54.  Paragraph (e) of subsection (5) of section
1903	766.315, Florida Statutes, is amended to read:
1904	766.315  Florida Birth-Related Neurological Injury
1905	Compensation Association; board of directors.--
1906	(5)
1907	(e)  Funds held on behalf of the plan are funds of the
1908	State of Florida. The association may only invest plan funds in
1909	the investments and securities described in s. 215.47, and shall
1910	be subject to the limitations on investments contained in that
1911	section. All income derived from such investments will be
1912	credited to the plan. The State Board of Administration may
1913	invest and reinvest funds held on behalf of the plan in
1914	accordance with the trust agreement approved by the association
1915	and the State Board of Administration and within the provisions
1916	of ss. 215.44 through 215.53.
1917	Section 55.  Section 784.081, Florida Statutes, is amended
1918	to read:
1919	784.081  Assault or battery on specified officials or
1920	employees; reclassification of offenses.--Whenever a person is
1921	charged with committing an assault or aggravated assault or a
1922	battery or aggravated battery upon any elected official or
1923	employee of: a school district; a private school; the Florida
1924	School for the Deaf and the Blind; a university developmental
1925	research school; a state university or any other entity of the
1926	state system of public education, as defined in s. 1000.04; an
1927	employee or protective investigator of the Department of
1928	Children and Family Services; or an employee of a lead
1929	community-based provider and its direct service contract
1930	providers; or an employee of the Department of Health or its
1931	direct service contract providers, when the person committing
1932	the offense knows or has reason to know the identity or position
1933	or employment of the victim, the offense for which the person is
1934	charged shall be reclassified as follows:
1935	(1)  In the case of aggravated battery, from a felony of
1936	the second degree to a felony of the first degree.
1937	(2)  In the case of aggravated assault, from a felony of
1938	the third degree to a felony of the second degree.
1939	(3)  In the case of battery, from a misdemeanor of the
1940	first degree to a felony of the third degree.
1941	(4)  In the case of assault, from a misdemeanor of the
1942	second degree to a misdemeanor of the first degree.
1943	Section 56.  Effective July 1, 2004, there is appropriated
1944	the sum of $150,000 from the General Revenue Fund, and one full-
1945	time equivalent position is authorized, for the Department of
1946	Health to implement the establishment of the Officer of Women's
1947	Health Strategy by this act.
1948	Section 57.  Subsection (9) of section 381.0098, Florida
1949	Statutes, is repealed:
1950	381.0098  Biomedical waste.--
1951	(9)  TRANSITION.--
1952	(a)  Nothing in this act is intended to repeal or modify
1953	any existing rules of the Department of Environmental Protection
1954	relating to biomedical waste unless such rule or part thereof is
1955	in direct conflict with this act. Rules of the Department of
1956	Environmental Protection relating to transport, storage, or
1957	treatment of biomedical waste existing on the effective date of
1958	this act shall remain in effect and be enforceable by the
1959	department until comparable rules are adopted by the department,
1960	and no judicial or administrative proceeding pending on the
1961	effective date of this act shall be abated as a result of the
1962	provisions of this act.
1963	(b)  Any person operating or in the process of constructing
1964	a biomedical storage or treatment facility, or any person
1965	transporting biomedical waste, in accordance with a permit or
1966	registration issued by the Department of Environmental
1967	Protection on the effective date of this act, may continue to
1968	operate under that permit or registration until that permit or
1969	registration expires, or until December 31, 1996, whichever is
1970	later. The department's rules concerning the permitting or
1971	registering of biomedical waste storage facilities, treatment
1972	facilities, and transporters shall be designed to accomplish a
1973	smooth transition between permitting or registration
1974	authorities.
1975	(c)  A permit application which is received after or which
1976	is pending on the effective date of this act, which would have
1977	been considered a renewal application if submitted to the
1978	Department of Environmental Protection, will be considered a
1979	renewal application for purposes of s. 120.60 when submitted to
1980	the department.
1981	(d)  Prior to implementing the change in the regulation of
1982	offsite treatment facilities described in this act, and after
1983	full consultation with affected persons, the department and the
1984	Department of Environmental Protection shall establish an
1985	interagency agreement to streamline the permitting and
1986	inspection of these treatment facilities. The agreement also
1987	shall be designed to avoid any duplicative or overlapping
1988	regulation of these treatment facilities. Such agreement shall
1989	at least provide:
1990	1.  That the Department of Environmental Protection will
1991	continue to accept and act on permit applications for these
1992	facilities;
1993	2.  That the department will review these permit
1994	applications with respect to those matters within its
1995	jurisdiction;
1996	3.  That these permits will be consolidated with other
1997	required Department of Environmental Protection permits, where
1998	possible; and
1999	4.  That any inspections will be consolidated to avoid
2000	duplicate inspections, where possible.
2001	Section 58.  Paragraph (f) of subsection (2) of section
2002	385.103, Florida Statutes, is repealed:
2003	385.103  Community intervention programs.--
2004	(2)  OPERATION OF COMMUNITY INTERVENTION PROGRAMS.--
2005	(f)  The department shall adopt rules governing the
2006	operation of the community intervention programs.
2007	Section 59.  Subsection (5) of section 393.064, Florida
2008	Statutes, is repealed:
2009	393.064  Prevention.--
2010	(5)  The Department of Children and Family Services shall
2011	have the authority, within available resources, to contract for
2012	the supervision and management of the Raymond C. Philips
2013	Research and Education Unit, and such contract shall include
2014	specific program objectives.
2015	Section 60.  Subsection (7) of section 445.033, Florida
2016	Statutes, is repealed:
2017	445.033  Evaluation.--The board of directors of Workforce
2018	Florida, Inc., and the Department of Children and Family
2019	Services shall arrange for evaluation of TANF-funded programs
2020	operated under this chapter, as follows:
2021	(7)  Evaluations described in this section are exempt from
2022	the provisions of s. 381.85.
2023	Section 61.  Sections 381.85, 385.205, and 385.209, Florida
2024	Statutes, are repealed.
2025	Section 62.  Except as otherwise provided herein, this act
2026	shall take effect upon becoming a law.
2027
2028	================= T I T L E  A M E N D M E N T =================
2029	Remove the entire title and insert:
2030	A bill to be entitled
2031	An act relating to public health; amending s. 17.41, F.S.;
2032	authorizing the Department of Financial Services to
2033	disburse funds into the Biomedical Research Trust Fund in
2034	the Department of Health; amending s. 20.43, F.S.;
2035	establishing the Officer of Women's Health Strategy in the
2036	Department of Health; revising the names of certain
2037	divisions of the Department of Health; creating the
2038	Division of Disability Determinations; creating the Office
2039	of Minority Health; amending and renumbering s. 216.341,
2040	F.S.; providing an exemption from legislative funding for
2041	certain authorized Department of Health positions;
2042	amending s. 381.0011, F.S.; deleting a requirement that
2043	the Department of Health work with other departments to
2044	develop and implement a statewide injury control program;
2045	requiring the department to maintain a statewide injury
2046	prevention program; creating s. 381.0033, F.S.; requiring
2047	hospitals to implement a program to offer immunizations
2048	against the influenza virus and pneumococcal bacteria;
2049	amending s. 381.006, F.S.; authorizing each county to
2050	expend funds to conduct elevated blood lead level
2051	investigations; amending s. 381.0065, F.S.; revising a
2052	definition; deleting a requirement that the Department of
2053	Health make a certain report to the Legislature;
2054	specifying a certain annual flood line; authorizing the
2055	department to require the submission of certain onsite
2056	sewage treatment and disposal system construction plans;
2057	requiring the department to establish rules for submission
2058	of such plans; amending s. 381.0066, F.S.; extending the
2059	period in which a certain fee is collected; amending s.
2060	381.0066, F.S.; authorizing the continuation of permit
2061	fees for system construction permits for onsite sewage
2062	treatment and disposal systems; amending s. 381.0072,
2063	F.S.; providing limitations on a certain exemption from
2064	food service protection requirements; removing a license
2065	exemption; creating s. 381.04015, F.S.; providing
2066	legislative intent; providing the duties of the Officer of
2067	Women's Health Strategy; requiring an annual report to the
2068	Governor and Legislature with policy recommendations for
2069	implementing the Women's Health Strategy; requiring
2070	consideration of women's health issues and gender in state
2071	policy, planning, and budgeting; providing for
2072	responsibility and coordination; creating s. 381.86, F.S.;
2073	creating the Department of Health Institutional Review
2074	Board; authorizing the secretary of the department to
2075	appoint members and a chair; authorizing the board to
2076	serve as the institutional review board for other agencies
2077	at the department secretary's discretion; providing for
2078	per diem and travel expenses for members of the board;
2079	requiring the department to charge for review costs
2080	incurred; providing an exception; authorizing rulemaking;
2081	amending s. 381.7353, F.S.; providing an additional
2082	program for department coordination; amending s. 381.7355,
2083	F.S.; providing an additional priority area; amending s.
2084	381.89, F.S.; providing for late payment fees for tanning
2085	facility licenses; deleting the minimum license fee;
2086	authorizing a maximum total fee for each facility to be
2087	set by rule; revising the annual renewal fees to be
2088	prorated quarterly; amending s. 381.90, F.S.; revising the
2089	membership of the Health Information Systems Council;
2090	revising the date by which the council must develop and
2091	approve its strategic plan; deleting a requirement to
2092	provide copies of such plan to the Governor and
2093	Legislature; amending s. 383.14, F.S.; revising references
2094	to infants; providing for release of certain screening
2095	results; revising the age by which a newborn shall have
2096	certain tests; requiring the department to adopt certain
2097	additional rules; providing additional members on the
2098	Genetics and Newborn Screening Advisory Council; amending
2099	s. 383.402, F.S.; requiring child abuse or neglect to be
2100	verified before inclusion in a certain assessment;
2101	amending s. 391.021, F.S.; revising a definition; amending
2102	s. 391.025, F.S.; limiting the applicability and scope of
2103	Children's Medical Services program components; amending
2104	s. 391.029, F.S.; limiting certain services for
2105	availability of funds under such program; providing an
2106	additional eligibility requirement; amending s. 391.035,
2107	F.S.; allowing the program to contract with providers
2108	licensed in other states; amending s. 391.055, F.S.;
2109	requiring newborn screening results to be reported to the
2110	department if abnormal; amending ss. 391.301 and 391.305,
2111	F.S., deleting provisions for screening hearing impaired
2112	infants; amending s. 391.302, F.S.; deleting definitions
2113	relating to hearing-impaired infants; amending s. 391.303,
2114	F.S.; removing risk of hearing impairment as a condition
2115	that requires referrals to an intervention program;
2116	creating s. 391.308, F.S.; providing that the Department
2117	of Health may implement and administer certain federal
2118	programs as part of the Infants and Toddlers Early
2119	Intervention program; requiring the department to apply
2120	for federal funding for the program in conjunction with
2121	the Department of Education; amending s. 395.1027, F.S.;
2122	requiring licensed facilities to release to a regional
2123	poison control center certain patient information upon
2124	request; amending s. 395.404, F.S.; requiring trauma
2125	centers to report to a central registry; requiring the
2126	reporting of certain information to the department's brain
2127	and spinal cord injury central registry; amending s.
2128	400.9905, F.S.; revising and providing definitions;
2129	amending s. 400.991, F.S.; revising health care clinic
2130	licensing requirements; requiring separate licenses for
2131	each mobile clinic; providing licensing requirements for
2132	portable equipment providers; amending s. 400.9935, F.S.;
2133	providing that a chief financial officer may assume
2134	responsibility for clinic billings under certain
2135	circumstances; providing that an exemption is not
2136	transferable; authorizing a fee for a certificate of
2137	exemption; allowing the agency to deny or revoke a
2138	license; amending s. 400.995, F.S.; allowing the agency to
2139	deny the renewal of a license or to revoke or suspend a
2140	license; prohibiting extension of a temporary license
2141	under certain circumstances; requiring the Agency for
2142	Health Care Administration to refund certain application
2143	fees; providing exceptions for certain late filed
2144	applications and providing for contingent effect; amending
2145	s. 401.211, F.S.; specifying legislative intent with
2146	respect to a comprehensive statewide injury prevention
2147	program; creating s. 401.243, F.S.; requiring the
2148	department to establish an injury prevention program;
2149	specifying the duties of the program; allowing the
2150	department to obtain and expend funds from grants,
2151	donations, or contributions; authorizing rulemaking;
2152	amending s. 404.056, F.S.; changing mandatory radon
2153	testing criteria; amending s. 468.302, F.S.; specifying
2154	the use of medical radiation; specifying persons that may
2155	use a nuclear medicine-computed tomography device;
2156	specifying the authority of a nuclear medicine
2157	technologist; amending s. 468.304, F.S.; providing
2158	additional certification requirements; amending s.
2159	468.306, F.S.; authorizing the department to require
2160	additional education of certain applicants; amending s.
2161	468.3065, F.S.; specifying that the fee for certification
2162	by endorsement is nonrefundable; amending s. 468.307,
2163	F.S.; specifying the expiration date of a certificate;
2164	amending s. 468.309, F.S.; requiring notification of
2165	mailing address and place of practice; revising continuing
2166	education provider, course, and program approval
2167	provisions; providing for expired status and prohibiting
2168	practice under such status; specifying the process of
2169	certificate resignation; amending s. 468.3095, F.S.;
2170	providing the process to reactivate an expired or inactive
2171	certificate; specifying a timeframe for the automatic
2172	nullification of a certificate; specifying the expiration
2173	date of a reactivated certificate; amending s. 468.3101,
2174	F.S.; authorizing the department to investigate or compel
2175	document production to determine compliance; revising and
2176	providing grounds for disciplinary action; providing
2177	disciplinary actions; providing for actions against
2178	continuing education providers and courses; amending s.
2179	489.553, F.S.; setting criteria to register as a master
2180	septic tank contractor; amending s. 489.554, F.S.;
2181	revising the registration renewal process; providing when
2182	certificates of registration shall become inactive;
2183	allowing a master septic tank contractor to revert to
2184	registered status; requiring the department to deny
2185	certain applications for renewal; amending s. 499.003,
2186	F.S.; providing a definition; amending s. 499.01, F.S.;
2187	requiring a person or establishment to obtain a permit in
2188	order to operate as a veterinary prescription drug
2189	wholesaler; amending s. 499.012, F.S.; requiring a person
2190	to have a veterinary prescription drug wholesaler permit
2191	to distribute veterinary prescription drugs in or into
2192	this state; requiring a veterinary prescription drug
2193	wholesaler who also distributes human prescription drugs
2194	that it did not manufacture to obtain a prescription drug
2195	wholesaler or out-of-state prescription drug wholesaler
2196	permit in lieu of the veterinary prescription drug
2197	wholesaler permit; amending s. 499.0121, F.S.; requiring
2198	certain prescription wholesalers and repackagers to use
2199	due diligence when purchasing prescription drugs from
2200	certain distributors; amending s. 499.041, F.S.; requiring
2201	an annual fee for a veterinary prescription drug
2202	wholesaler's permit; amending s. 499.065, F.S.; requiring
2203	the Department of Health to inspect veterinary
2204	prescription drug wholesale establishments; authorizing
2205	the department to close the establishment if it creates an
2206	imminent danger to the public health; amending s. 784.081,
2207	F.S.; providing additional officials covered under
2208	penalties for assault and battery on specified officials;
2209	providing an appropriation; repealing s. 381.0098(9),
2210	F.S., relating to transition provisions involving
2211	regulation of biomedical waste; repealing s.
2212	385.103(2)(f), F.S., relating to authority to adopt rules
2213	to govern the operation of community intervention
2214	programs; repealing s. 393.064(5), F.S., relating to
2215	authority to contract for supervision and management of
2216	the Raymond C. Philips Research and Education Unit;
2217	repealing s. 445.033(7), F.S., relating to an exemption
2218	for evaluations of TANF-funded programs; repealing ss.
2219	381.85, 385.205, and 385.209, F.S., relating to biomedical
2220	and social research, care and assistance of persons
2221	suffering from chronic renal diseases and establishment of
2222	programs in kidney disease control, and dissemination of
2223	information on cholesterol health risks, respectively;
2224	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.