HB 1927

2	A bill to be entitled
3	An act relating to public health; amending s. 17.41, F.S.;
4	authorizing the Department of Financial Services to
5	disburse funds into the Biomedical Research Trust Fund in
6	the Department of Health; amending s. 20.43, F.S.;
7	revising the names of certain divisions of the Department
8	of Health; creating the Division of Disability
9	Determinations; creating the Office of Minority Health;
10	amending and renumbering s. 216.341, F.S.; providing an
11	exemption from legislative funding for certain authorized
12	Department of Health positions; amending s. 381.0011,
13	F.S.; deleting a requirement that the Department of Health
14	work with other departments to develop and implement a
15	statewide injury control program; requiring the department
16	to maintain a statewide injury prevention program;
17	creating s. 381.0033, F.S.; requiring hospitals to
18	implement a program to offer immunizations against the
19	influenza virus and pneumococcal bacteria; amending s.
20	381.006, F.S.; authorizing each county to expend funds to
21	conduct elevated blood lead level investigations; amending
22	s. 381.0065, F.S.; revising a definition; deleting a
23	requirement that the Department of Health make a certain
24	report to the Legislature; specifying a certain annual
25	flood line; authorizing the department to require the
26	submission of certain onsite sewage treatment and disposal
27	system construction plans; requiring the department to
28	establish rules for submission of such plans; amending s.
29	381.0066, F.S.; extending the period in which a certain
30	fee is collected; amending s. 381.0072, F.S.; providing
31	limitations on a certain exemption from food service
32	protection requirements; removing a license exemption;
33	creating s. 381.0409, F.S.; requiring the department to
34	establish a comprehensive tobacco prevention program;
35	specifying components of the program; requiring the
36	department to act as a clearinghouse; allowing the
37	department to accept private funds; requiring evaluations;
38	allowing for contracting; creating s. 381.86, F.S.;
39	creating the Department of Health Institutional Review
40	Board; authorizing the secretary of the department to
41	appoint members and a chair; authorizing the board to
42	serve as the institutional review board for other agencies
43	at the department secretary's discretion; providing for
44	per diem and travel expenses for members of the board;
45	requiring the department to charge for review costs
46	incurred; providing an exception; authorizing rulemaking;
47	amending s. 381.7353, F.S.; providing an additional
48	program for department coordination; amending s. 381.7355,
49	F.S.; providing an additional priority area; amending s.
50	381.89, F.S.; providing for late payment fees for tanning
51	facility licenses; deleting the minimum license fee;
52	authorizing a maximum total fee for each facility to be
53	set by rule; revising the annual renewal fees to be
54	prorated quarterly; amending s. 381.90, F.S.; revising the
55	membership of the Health Information Systems Council;
56	revising the date by which the council must develop and
57	approve its strategic plan; deleting a requirement to
58	provide copies of such plan to the Governor and
59	Legislature; amending s. 383.14, F.S.; revising references
60	to infants; providing for release of certain screening
61	results; revising the age by which a newborn shall have
62	certain tests; requiring the department to adopt certain
63	additional rules; providing additional members on the
64	Genetics and Newborn Screening Advisory Council; amending
65	s. 383.402, F.S.; requiring child abuse or neglect to be
66	verified before inclusion in a certain assessment;
67	amending s. 391.021, F.S.; revising a definition; amending
68	s. 391.025, F.S.; limiting the applicability and scope of
69	Children's Medical Services program components; amending
70	s. 391.029, F.S.; limiting certain services for
71	availability of funds under such program; providing an
72	additional eligibility requirement; amending s. 391.035,
73	F.S.; allowing the program to contract with providers
74	licensed in other states; amending s. 391.055, F.S.;
75	requiring newborn screening results to be reported to the
76	department if abnormal; amending ss. 391.301 and 391.305,
77	F.S., deleting provisions for screening hearing impaired
78	infants; amending s. 391.302, F.S.; deleting definitions
79	relating to hearing-impaired infants; amending s. 391.303,
80	F.S.; removing risk of hearing impairment as a condition
81	that requires referrals to an intervention program;
82	creating s. 391.308, F.S.; providing that the Department
83	of Health may implement and administer certain federal
84	programs as part of the Infants and Toddlers Early
85	Intervention program; requiring the department to apply
86	for federal funding for the program in conjunction with
87	the Department of Education; amending s. 395.1027, F.S.;
88	requiring licensed facilities to release to a regional
89	poison control center certain patient information upon
90	request; amending s. 395.404, F.S.; requiring trauma
91	centers to report to a central registry; requiring the
92	reporting of certain information to the department's brain
93	and spinal cord injury central registry; amending s.
94	400.9905, F.S.; revising and providing definitions;
95	amending s. 400.991, F.S.; revising health care clinic
96	licensing requirements; requiring separate licenses for
97	each mobile clinic; providing licensing requirements for
98	portable equipment providers; amending s. 400.9935, F.S.;
99	providing that a chief financial officer may assume
100	responsibility for clinic billings under certain
101	circumstances; providing that an exemption is not
102	transferable; authorizing a fee for a certificate of
103	exemption; allowing the agency to deny or revoke a
104	license; amending s. 400.995, F.S.; allowing the agency to
105	deny the renewal of a license or to revoke or suspend a
106	license; prohibiting extension of a temporary license
107	under certain circumstances; requiring the Agency for
108	Health Care Administration to refund certain application
109	fees; providing exceptions for certain late filed
110	applications and providing for contingent effect; amending
111	s. 401.211, F.S.; specifying legislative intent with
112	respect to a comprehensive statewide injury prevention
113	program; creating s. 401.243, F.S.; requiring the
114	department to establish an injury prevention program;
115	specifying the duties of the program; allowing the
116	department to obtain and expend funds from grants,
117	donations, or contributions; authorizing rulemaking;
118	amending s. 404.056, F.S.; changing mandatory radon
119	testing criteria; amending s. 468.302, F.S.; specifying
120	the use of medical radiation; specifying persons that may
121	use a nuclear medicine-computed tomography device;
122	specifying the authority of a nuclear medicine
123	technologist; amending s. 468.304, F.S.; providing
124	additional certification requirements; amending s.
125	468.306, F.S.; authorizing the department to require
126	additional education of certain applicants; amending s.
127	468.3065, F.S.; specifying that the fee for certification
128	by endorsement is nonrefundable; amending s. 468.307,
129	F.S.; specifying the expiration date of a certificate;
130	amending s. 468.309, F.S.; requiring notification of
131	mailing address and place of practice; revising continuing
132	education provider, course, and program approval
133	provisions; providing for expired status and prohibiting
134	practice under such status; specifying the process of
135	certificate resignation; amending s. 468.3095, F.S.;
136	providing the process to reactivate an expired or inactive
137	certificate; specifying a timeframe for the automatic
138	nullification of a certificate; specifying the expiration
139	date of a reactivated certificate; amending s. 468.3101,
140	F.S.; authorizing the department to investigate or compel
141	document production to determine compliance; revising and
142	providing grounds for disciplinary action; providing
143	disciplinary actions; providing for actions against
144	continuing education providers and courses; amending s.
145	489.553, F.S.; setting criteria to register as a master
146	septic tank contractor; amending s. 489.554, F.S.;
147	revising the registration renewal process; providing when
148	certificates of registration shall become inactive;
149	allowing a master septic tank contractor to revert to
150	registered status; requiring the department to deny
151	certain applications for renewal; amending s. 784.081,
152	F.S.; providing additional officials covered under
153	penalties for assault and battery on specified officials;
154	repealing s. 381.0098(9), F.S., relating to transition
155	provisions involving regulation of biomedical waste;
156	repealing s. 385.103(2)(f), F.S., relating to authority to
157	adopt rules to govern the operation of community
158	intervention programs; repealing s. 393.064(5), F.S.,
159	relating to authority to contract for supervision and
160	management of the Raymond C. Philips Research and
161	Education Unit; repealing s. 445.033(7), F.S., relating to
162	an exemption for evaluations of TANF-funded programs;
163	repealing ss. 381.85, 385.205, and 385.209, F.S., relating
164	to biomedical and social research, care and assistance of
165	persons suffering from chronic renal diseases and
166	establishment of programs in kidney disease control, and
167	dissemination of information on cholesterol health risks,
168	respectively; providing an effective date.
169
170	Be It Enacted by the Legislature of the State of Florida:
171
172	Section 1.  Subsection (5) of section 17.41, Florida
173	Statutes, is amended to read:
174	17.41  Department of Financial Services Tobacco Settlement
175	Clearing Trust Fund.--
176	(5)  The department shall disburse funds, by nonoperating
177	transfer, from the Tobacco Settlement Clearing Trust Fund to the
178	tobacco settlement trust funds of the various agencies or the
179	Biomedical Research Trust Fund in the Department of Health, as
180	appropriate, in amounts equal to the annual appropriations made
181	from those agencies' trust funds in the General Appropriations
182	Act.
183	Section 2.  Paragraphs (f), (i), and (j) of subsection (3)
184	of section 20.43, Florida Statutes, are amended, paragraph (k)
185	is added to said subsection, and subsection (9) is added to said
186	section, to read:
187	20.43  Department of Health.--There is created a Department
188	of Health.
189	(3)  The following divisions of the Department of Health
190	are established:
191	(f)  Division of Emergency Medical Operations Services and
192	Community Health Resources.
193	(i)  Division of Information Technology Resource
194	Management.
195	(j)  Division of Health Access Awareness and Tobacco.
196	(k)  Division of Disability Determinations.
197	(9)  There is hereby established within the Department of
198	Health the Office of Minority Health.
199	Section 3.  Section 216.341, Florida Statutes, is
200	renumbered as section 216.2625, Florida Statutes, and amended to
201	read:
202	216.2625 216.341  Disbursement of Department of Health
203	county health department trust funds; appropriation of
204	authorized positions.--
205	(1)  County health department trust funds may be expended
206	by the Department of Health for the respective county health
207	departments in accordance with budgets and plans agreed upon by
208	the county authorities of each county and the Department of
209	Health.
210	(2)  The requirement limitations on appropriations provided
211	in s. 216.262(1) that the number of authorized positions must be
212	appropriated shall not apply to Department of Health positions
213	funded by:
214	(a)  County health department trust funds; or
215	(b)  The United States Trust Fund.
216	Section 4.  Subsection (12) of section 381.0011, Florida
217	Statutes, is amended to read:
218	381.0011  Duties and powers of the Department of
219	Health.--It is the duty of the Department of Health to:
220	(12)  Maintain Cooperate with other departments, local
221	officials, and private organizations in developing and
222	implementing a statewide injury prevention control program.
223	Section 5.  Section 381.0033, Florida Statutes, is created
224	to read:
225	381.0033  Influenza virus and pneumococcal bacteria
226	vaccinations.--Hospitals licensed pursuant to chapter 395 shall
227	implement a program to offer immunizations against the influenza
228	virus and pneumococcal bacteria to all patients 65 years of age
229	or older between October 1, or earlier if the vaccination is
230	available, and February 1 of every year, subject to the
231	availability of an adequate supply of the necessary vaccine, in
232	accordance with the recommendations of the Advisory Committee on
233	Immunization Practices of the United States Centers of Disease
234	Control and Prevention and subject to the clinical judgment of
235	the responsible practitioner.
236	Section 6.  Subsection (17) is added to section 381.006,
237	Florida Statutes, to read:
238	381.006  Environmental health.--The department shall
239	conduct an environmental health program as part of fulfilling
240	the state's public health mission. The purpose of this program
241	is to detect and prevent disease caused by natural and manmade
242	factors in the environment. The environmental health program
243	shall include, but not be limited to:
244	(17)  An elevated blood lead level investigation function.
245	Each participating county health department may expend funds for
246	federally mandated certification or recertification fees related
247	to elevated blood lead level investigations.
248
249	The department may adopt rules to carry out the provisions of
250	this section.
251	Section 7.  Paragraph (k) of subsection (2) and paragraphs
252	(d) and (e) of subsection (4) of section 381.0065, Florida
253	Statutes, are amended, and paragraph (v) is added to subsection
254	(4) of said section, to read:
255	381.0065  Onsite sewage treatment and disposal systems;
256	regulation.--
257	(2)  DEFINITIONS.--As used in ss. 381.0065-381.0067, the
258	term:
259	(k)  "Permanent nontidal surface water body" means a
260	perennial stream, a perennial river, an intermittent stream, a
261	perennial lake, a submerged marsh or swamp, a submerged wooded
262	marsh or swamp, a spring, or a seep, as identified on the most
263	recent quadrangle map, 7.5 minute series (topographic), produced
264	by the United States Geological Survey, or products derived from
265	such series. "Permanent nontidal surface water body" shall also
266	mean an artificial surface water body that does not have an
267	impermeable bottom and side and that is designed to hold, or
268	does hold, visible standing water for at least 180 days of the
269	year. However, a nontidal surface water body that is drained,
270	either naturally or artificially, where the intent or the result
271	is that such drainage be temporary, shall be considered a
272	permanent nontidal surface water body. A nontidal surface water
273	body that is drained of all visible surface water, where the
274	lawful intent or the result of such drainage is that such
275	drainage will be permanent, shall not be considered a permanent
276	nontidal surface water body. The boundary of a permanent
277	nontidal surface water body shall be the mean annual flood line.
278	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
279	not construct, repair, modify, abandon, or operate an onsite
280	sewage treatment and disposal system without first obtaining a
281	permit approved by the department. The department may issue
282	permits to carry out this section, but shall not make the
283	issuance of such permits contingent upon prior approval by the
284	Department of Environmental Protection. A construction permit is
285	valid for 18 months from the issuance date and may be extended
286	by the department for one 90-day period under rules adopted by
287	the department. A repair permit is valid for 90 days from the
288	date of issuance. An operating permit must be obtained prior to
289	the use of any aerobic treatment unit or if the establishment
290	generates commercial waste. Buildings or establishments that use
291	an aerobic treatment unit or generate commercial waste shall be
292	inspected by the department at least annually to assure
293	compliance with the terms of the operating permit. The operating
294	permit for a commercial wastewater system is valid for 1 year
295	from the date of issuance and must be renewed annually. The
296	operating permit for an aerobic treatment unit is valid for 2
297	years from the date of issuance and must be renewed every 2
298	years. If all information pertaining to the siting, location,
299	and installation conditions or repair of an onsite sewage
300	treatment and disposal system remains the same, a construction
301	or repair permit for the onsite sewage treatment and disposal
302	system may be transferred to another person, if the transferee
303	files, within 60 days after the transfer of ownership, an
304	amended application providing all corrected information and
305	proof of ownership of the property. There is no fee associated
306	with the processing of this supplemental information. A person
307	may not contract to construct, modify, alter, repair, service,
308	abandon, or maintain any portion of an onsite sewage treatment
309	and disposal system without being registered under part III of
310	chapter 489. A property owner who personally performs
311	construction, maintenance, or repairs to a system serving his or
312	her own owner-occupied single-family residence is exempt from
313	registration requirements for performing such construction,
314	maintenance, or repairs on that residence, but is subject to all
315	permitting requirements. A municipality or political subdivision
316	of the state may not issue a building or plumbing permit for any
317	building that requires the use of an onsite sewage treatment and
318	disposal system unless the owner or builder has received a
319	construction permit for such system from the department. A
320	building or structure may not be occupied and a municipality,
321	political subdivision, or any state or federal agency may not
322	authorize occupancy until the department approves the final
323	installation of the onsite sewage treatment and disposal system.
324	A municipality or political subdivision of the state may not
325	approve any change in occupancy or tenancy of a building that
326	uses an onsite sewage treatment and disposal system until the
327	department has reviewed the use of the system with the proposed
328	change, approved the change, and amended the operating permit.
329	(d)  Paragraphs (a) and (b) do not apply to any proposed
330	residential subdivision with more than 50 lots or to any
331	proposed commercial subdivision with more than 5 lots where a
332	publicly owned or investor-owned sewerage system is available.
333	It is the intent of this paragraph not to allow development of
334	additional proposed subdivisions in order to evade the
335	requirements of this paragraph. The department shall report to
336	the Legislature by February 1 of each odd-numbered year
337	concerning the success in meeting this intent.
338	(e)  Onsite sewage treatment and disposal systems must not
339	be placed closer than:
340	1.  Seventy-five feet from a private potable well.
341	2.  Two hundred feet from a public potable well serving a
342	residential or nonresidential establishment having a total
343	sewage flow of greater than 2,000 gallons per day.
344	3.  One hundred feet from a public potable well serving a
345	residential or nonresidential establishment having a total
346	sewage flow of less than or equal to 2,000 gallons per day.
347	4.  Fifty feet from any nonpotable well.
348	5.  Ten feet from any storm sewer pipe, to the maximum
349	extent possible, but in no instance shall the setback be less
350	than 5 feet.
351	6.  Seventy-five feet from the mean high-water line of a
352	tidally influenced surface water body.
353	7.  Seventy-five feet from the mean normal annual flood
354	line of a permanent nontidal surface water body.
355	8.  Fifteen feet from the design high-water line of
356	retention areas, detention areas, or swales designed to contain
357	standing or flowing water for less than 72 hours after a
358	rainfall or the design high-water level of normally dry drainage
359	ditches or normally dry individual lot stormwater retention
360	areas.
361	(v)  The department may require the submission of detailed
362	system construction plans prepared by a professional engineer
363	registered in this state. The department shall establish by rule
364	the criteria for determining when such submissions are required.
365	Section 8.  Paragraph (k) of subsection (2) of section
366	381.0066, Florida Statutes, is amended to read:
367	381.0066  Onsite sewage treatment and disposal systems;
368	fees.--
369	(2)  The minimum fees in the following fee schedule apply
370	until changed by rule by the department within the following
371	limits:
372	(k)  Research: An additional $5 fee shall be added to each
373	new system construction permit issued during fiscal years 1996-
374	2004 to be used for onsite sewage treatment and disposal system
375	research, demonstration, and training projects. Five dollars
376	from any repair permit fee collected under this section shall be
377	used for funding the hands-on training centers described in s.
378	381.0065(3)(j).
379
380	The funds collected pursuant to this subsection must be
381	deposited in a trust fund administered by the department, to be
382	used for the purposes stated in this section and ss. 381.0065
383	and 381.00655.
384	Section 9.  Paragraph (a) of subsection (2), paragraph (a)
385	of subsection (3), and paragraph (a) of subsection (4) of
386	section 381.0072, Florida Statutes, are amended to read:
387	381.0072  Food service protection.--It shall be the duty of
388	the Department of Health to adopt and enforce sanitation rules
389	consistent with law to ensure the protection of the public from
390	food-borne illness. These rules shall provide the standards and
391	requirements for the storage, preparation, serving, or display
392	of food in food service establishments as defined in this
393	section and which are not permitted or licensed under chapter
394	500 or chapter 509.
395	(2)  DUTIES.--
396	(a)  The department shall adopt rules, including
397	definitions of terms which are consistent with law prescribing
398	minimum sanitation standards and manager certification
399	requirements as prescribed in s. 509.039, and which shall be
400	enforced in food service establishments as defined in this
401	section. The sanitation standards must address the construction,
402	operation, and maintenance of the establishment; lighting,
403	ventilation, laundry rooms, lockers, use and storage of toxic
404	materials and cleaning compounds, and first-aid supplies; plan
405	review; design, construction, installation, location,
406	maintenance, sanitation, and storage of food equipment and
407	utensils; employee training, health, hygiene, and work
408	practices; food supplies, preparation, storage, transportation,
409	and service, including access to the areas where food is stored
410	or prepared; and sanitary facilities and controls, including
411	water supply and sewage disposal; plumbing and toilet
412	facilities; garbage and refuse collection, storage, and
413	disposal; and vermin control. Public and private schools,
414	provided that the food service is operated by school employees,
415	hospitals licensed under chapter 395, nursing homes licensed
416	under part II of chapter 400, child care facilities as defined
417	in s. 402.301, and residential facilities colocated with a
418	nursing home or hospital if all food is prepared in a central
419	kitchen that complies with nursing or hospital regulations, and
420	bars and lounges, as defined by rule of the department, shall be
421	exempt from the rules developed for manager certification. The
422	department shall administer a comprehensive inspection,
423	monitoring, and sampling program to ensure such standards are
424	maintained. With respect to food service establishments
425	permitted or licensed under chapter 500 or chapter 509, the
426	department shall assist the Division of Hotels and Restaurants
427	of the Department of Business and Professional Regulation and
428	the Department of Agriculture and Consumer Services with
429	rulemaking by providing technical information.
430	(3)  LICENSES REQUIRED.--
431	(a)  Licenses; annual renewals.--Each food service
432	establishment regulated under this section shall obtain a
433	license from the department annually. Food service establishment
434	licenses shall expire annually and shall not be transferable
435	from one place or individual to another. However, those
436	facilities licensed by the department's Office of Licensure and
437	Certification, the Child Care Services Program Office, or the
438	Developmental Disabilities Program Office are exempt from this
439	subsection. It shall be a misdemeanor of the second degree,
440	punishable as provided in s. 381.0061, s. 775.082, or s.
441	775.083, for such an establishment to operate without this
442	license. The department may refuse a license, or a renewal
443	thereof, to any establishment that is not constructed or
444	maintained in accordance with law and with the rules of the
445	department. Annual application for renewal shall not be
446	required.
447	(4)  LICENSE; INSPECTION; FEES.--
448	(a)  The department is authorized to collect fees from
449	establishments licensed under this section and from those
450	facilities exempted from licensure under paragraph (3)(a). It is
451	the intent of the Legislature that the total fees assessed under
452	this section be in an amount sufficient to meet the cost of
453	carrying out the provisions of this section.
454	Section 10.  Section 381.0409, Florida Statutes, is created
455	to read:
456	381.0409  Tobacco prevention program.-?The Department of
457	Health shall establish a comprehensive tobacco prevention
458	program designed to reduce premature mortality, reduce
459	morbidity, and increase the life expectancy of people in the
460	state through public health interventions at the state and local
461	levels. Implementation of this program is contingent upon the
462	department's receiving a specific appropriation for this
463	purpose.
464	(1)  The comprehensive tobacco prevention program shall
465	include the following components:
466	(a)  Program elements based on the best practices for
467	comprehensive tobacco control programs identified by the United
468	States Centers for Disease Control and Prevention and on the
469	peer-reviewed scientific literature on tobacco prevention.
470	(b)  Advocacy organizations of middle, high school, and
471	college students.
472	(c)  Cessation programs for youth and adults through
473	schools, county health departments, and local providers,
474	including a toll-free telephone "quit line."
475	(d)  Partnerships with local communities and schools to
476	prevent and reduce tobacco use, including reducing disparities
477	in tobacco use among different population groups.
478	(e)  Local and statewide media campaigns separately
479	targeted to youth and adults.
480	(f)  Implementation of the provisions of the Florida Clean
481	Indoor Air Act under part II of chapter 386 that are applicable
482	to the department.
483	(2)  The department shall act as a clearinghouse for
484	information on best practices and shall provide technical
485	assistance and training to state and local entities on tobacco
486	prevention activities.
487	(3)  The department may accept funds from the private
488	sector to implement this section.
489	(4)  The department shall conduct surveillance and
490	evaluations to measure program performance and improve
491	implementation strategies.
492	(5)  The department may contract for any of the activities
493	specified in this section.
494	Section 11.  Section 381.86, Florida Statutes, is created
495	to read:
496	381.86  Department of Health Institutional Review Board.--
497	(1)  The Department of Health Institutional Review Board is
498	hereby created to satisfy federal requirements under 45 C.F.R.
499	part 46 and 21 C.F.R. parts 50 and 56 for an institutional
500	review board to review all biomedical and behavioral research on
501	human subjects that the department funds or supports in any
502	manner, including the permitting of access to department data or
503	department resources.
504	(2)  Consistent with federal requirements, the Secretary of
505	Health shall determine and appoint the membership on the board
506	and designate the chair.
507	(3)  The department's institutional review board may serve
508	as an institutional review board for other agencies at the
509	discretion of the secretary.
510	(4)  Each board member shall be entitled to per diem and
511	travel expenses as provided in s. 112.061 while carrying out the
512	official business of the board.
513	(5)  The department shall charge for reasonable costs it
514	incurs for the research oversight it provides according to a fee
515	schedule, except that students who are candidates for degrees in
516	universities located in this state shall have fees waived. The
517	fee schedule shall provide for fees for initial review,
518	amendments, and continuing review. The department may adopt
519	rules as necessary to comply with federal requirements and this
520	section. Such rules shall also prescribe procedures to apply for
521	review by the institutional review board.
522	Section 12.  Paragraph (e) of subsection (2) of section
523	381.7353, Florida Statutes, is amended to read:
524	381.7353  Reducing Racial and Ethnic Health Disparities:
525	Closing the Gap grant program; administration; department
526	duties.--
527	(2)  The department shall:
528	(e)  Coordinate with existing community-based programs,
529	such as chronic disease community intervention programs, cancer
530	prevention and control programs, diabetes control programs, oral
531	health care programs, the Healthy Start program, the Florida
532	KidCare Program, the HIV/AIDS program, immunization programs,
533	and other related programs at the state and local levels, to
534	avoid duplication of effort and promote consistency.
535	Section 13.  Paragraph (a) of subsection (2) of section
536	381.7355, Florida Statutes, is amended to read:
537	381.7355  Project requirements; review criteria.--
538	(2)  A proposal must include each of the following
539	elements:
540	(a)  The purpose and objectives of the proposal, including
541	identification of the particular racial or ethnic disparity the
542	project will address. The proposal must address one or more of
543	the following priority areas:
544	1.  Decreasing racial and ethnic disparities in maternal
545	and infant mortality rates.
546	2.  Decreasing racial and ethnic disparities in morbidity
547	and mortality rates relating to cancer.
548	3.  Decreasing racial and ethnic disparities in morbidity
549	and mortality rates relating to HIV/AIDS.
550	4.  Decreasing racial and ethnic disparities in morbidity
551	and mortality rates relating to cardiovascular disease.
552	5.  Decreasing racial and ethnic disparities in morbidity
553	and mortality rates relating to diabetes.
554	6.  Increasing adult and child immunization rates in
555	certain racial and ethnic populations.
556	7.  Decreasing racial and ethnic disparities in oral health
557	care.
558	Section 14.  Paragraphs (b) and (c) of subsection (3) of
559	section 381.89, Florida Statutes, are amended to read:
560	381.89  Regulation of tanning facilities.--
561	(3)
562	(b)  The department shall establish procedures for the
563	issuance and annual renewal of licenses and shall establish
564	annual license and renewal fees and late payment fees in an
565	amount necessary to cover the expenses of administering this
566	section. Annual license and renewal fees shall be not be less
567	than $125 nor more than $250 per tanning device, and a maximum
568	total fee per individual tanning facility may be set by rule.
569	Effective October 1, 1991, the fee amount shall be the minimum
570	fee proscribed in this paragraph and such fee amount shall
571	remain in effect until the effective date of a fee schedule
572	adopted by the department.
573	(c)  The department may adopt a system under which licenses
574	expire on staggered dates and the annual renewal fees are
575	prorated quarterly monthly to reflect the actual number of
576	months the license is valid.
577	Section 15.  Subsection (3) and paragraph (a) of subsection
578	(7) of section 381.90, Florida Statutes, are amended to read:
579	381.90  Health Information Systems Council; legislative
580	intent; creation, appointment, duties.--
581	(3)  The council shall be composed of the following members
582	or their senior executive-level designees:
583	(a)  The Secretary of the Department of Health;
584	(b)  The Executive Director secretary of the Department of
585	Veterans' Affairs Business and Professional Regulation;
586	(c)  The Secretary of the Department of Children and Family
587	Services;
588	(d)  The Secretary of Health Care Administration;
589	(e)  The Secretary of the Department of Corrections;
590	(f)  The Attorney General;
591	(g)  The executive director of the Correctional Medical
592	Authority;
593	(h)  Two members representing county health departments,
594	one from a small county and one from a large county, appointed
595	by the Governor;
596	(i)  A representative from the Florida Association of
597	Counties;
598	(j)  The Chief Financial Officer;
599	(k)  A representative from the Florida Healthy Kids
600	Corporation;
601	(l)  A representative from a school of public health chosen
602	by the Commissioner of Education Board of Regents;
603	(m)  The Commissioner of Education;
604	(n)  The Secretary of the Department of Elderly Affairs;
605	and
606	(o)  The Secretary of the Department of Juvenile Justice.
607
608	Representatives of the Federal Government may serve without
609	voting rights.
610	(7)  The council's duties and responsibilities include, but
611	are not limited to, the following:
612	(a)  By June March 1 of each year, to develop and approve a
613	strategic plan pursuant to the requirements set forth in s.
614	186.022(9). Copies of the plan shall be transmitted
615	electronically or in writing to the Executive Office of the
616	Governor, the Speaker of the House of Representatives, and the
617	President of the Senate.
618	Section 16.  Subsections (1), (2), and (5) and paragraphs
619	(f) and (g) of subsection (3) of section 383.14, Florida
620	Statutes, are amended to read:
621	383.14  Screening for metabolic disorders, other hereditary
622	and congenital disorders, and environmental risk factors.--
623	(1)  SCREENING REQUIREMENTS.--To help ensure access to the
624	maternal and child health care system, the Department of Health
625	shall promote the screening of all newborns infants born in
626	Florida for phenylketonuria and other metabolic, hereditary, and
627	congenital disorders known to result in significant impairment
628	of health or intellect, as screening programs accepted by
629	current medical practice become available and practical in the
630	judgment of the department. The department shall also promote
631	the identification and screening of all newborns infants born in
632	this state and their families for environmental risk factors
633	such as low income, poor education, maternal and family stress,
634	emotional instability, substance abuse, and other high-risk
635	conditions associated with increased risk of newborn infant
636	mortality and morbidity to provide early intervention,
637	remediation, and prevention services, including, but not limited
638	to, parent support and training programs, home visitation, and
639	case management. Identification, perinatal screening, and
640	intervention efforts shall begin prior to and immediately
641	following the birth of the child by the attending health care
642	provider. Such efforts shall be conducted in hospitals,
643	perinatal centers, county health departments, school health
644	programs that provide prenatal care, and birthing centers, and
645	reported to the Office of Vital Statistics.
646	(a)  Prenatal screening.--The department shall develop a
647	multilevel screening process that includes a risk assessment
648	instrument to identify women at risk for a preterm birth or
649	other high-risk condition. The primary health care provider
650	shall complete the risk assessment instrument and report the
651	results to the Office of Vital Statistics so that the woman may
652	immediately be notified and referred to appropriate health,
653	education, and social services.
654	(b)  Postnatal screening.--A risk factor analysis using the
655	department's designated risk assessment instrument shall also be
656	conducted as part of the medical screening process upon the
657	birth of a child and submitted to the department's Office of
658	Vital Statistics for recording and other purposes provided for
659	in this chapter. The department's screening process for risk
660	assessment shall include a scoring mechanism and procedures that
661	establish thresholds for notification, further assessment,
662	referral, and eligibility for services by professionals or
663	paraprofessionals consistent with the level of risk. Procedures
664	for developing and using the screening instrument, notification,
665	referral, and care coordination services, reporting
666	requirements, management information, and maintenance of a
667	computer-driven registry in the Office of Vital Statistics which
668	ensures privacy safeguards must be consistent with the
669	provisions and plans established under chapter 411, Pub. L. No.
670	99-457, and this chapter. Procedures established for reporting
671	information and maintaining a confidential registry must include
672	a mechanism for a centralized information depository at the
673	state and county levels. The department shall coordinate with
674	existing risk assessment systems and information registries. The
675	department must ensure, to the maximum extent possible, that the
676	screening information registry is integrated with the
677	department's automated data systems, including the Florida On-
678	line Recipient Integrated Data Access (FLORIDA) system. Tests
679	and screenings must be performed by the State Public Health
680	Laboratory, in coordination with Children's Medical Services, at
681	such times and in such manner as is prescribed by the department
682	after consultation with the Genetics and Newborn Infant
683	Screening Advisory Council and the State Coordinating Council
684	for School Readiness Programs.
685	(c)  Release of screening results.--Notwithstanding any
686	other provision of law, the State Public Health Laboratory may
687	release, directly or through Children's Medical Services, a
688	newborn's hearing or metabolic test and screening results to the
689	newborn's primary care physician.
690	(2)  RULES.--After consultation with the Genetics and
691	Newborn Infant Screening Advisory Council, the department shall
692	adopt and enforce rules requiring that every newborn infant born
693	in this state shall, prior to becoming 1 week 2 weeks of age, be
694	subjected to a test for phenylketonuria and, at the appropriate
695	age, be tested for such other metabolic diseases and hereditary
696	or congenital disorders as the department may deem necessary
697	from time to time. After consultation with the State
698	Coordinating Council for School Readiness Programs, the
699	department shall also adopt and enforce rules requiring every
700	newborn infant born in this state to be screened for
701	environmental risk factors that place children and their
702	families at risk for increased morbidity, mortality, and other
703	negative outcomes. The department shall adopt such additional
704	rules as are found necessary for the administration of this
705	section, including rules for processing requests and releasing
706	test and screening results, rules providing definitions of
707	terms, rules relating to the methods used and time or times for
708	testing as accepted medical practice indicates, rules relating
709	to charging and collecting fees for screenings authorized by
710	this section, and rules requiring mandatory reporting of the
711	results of tests and screenings for these conditions to the
712	department.
713	(3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
714	department shall administer and provide certain services to
715	implement the provisions of this section and shall:
716	(f)  Promote the availability of genetic studies and
717	counseling in order that the parents, siblings, and affected
718	newborns infants may benefit from available knowledge of the
719	condition.
720	(g)  Have the authority to charge and collect fees for
721	screenings authorized in this section, as follows:
722	1.  A fee of $20 will be charged for each live birth, as
723	recorded by the Office of Vital Statistics, occurring in a
724	hospital licensed under part I of chapter 395 or a birth center
725	licensed under s. 383.305, up to 3,000 live births per licensed
726	hospital per year or over 60 births per birth center per year.
727	The department shall calculate the annual assessment for each
728	hospital and birth center, and this assessment must be paid in
729	equal amounts quarterly. Quarterly, the department shall
730	generate and mail to each hospital and birth center a statement
731	of the amount due.
732	2.  As part of the department's legislative budget request
733	prepared pursuant to chapter 216, the department shall submit a
734	certification by the department's inspector general, or the
735	director of auditing within the inspector general's office, of
736	the annual costs of the uniform testing and reporting procedures
737	of the newborn infant screening program. In certifying the
738	annual costs, the department's inspector general or the director
739	of auditing within the inspector general's office shall
740	calculate the direct costs of the uniform testing and reporting
741	procedures, including applicable administrative costs.
742	Administrative costs shall be limited to those department costs
743	which are reasonably and directly associated with the
744	administration of the uniform testing and reporting procedures
745	of the newborn infant screening program.
746
747	All provisions of this subsection must be coordinated with the
748	provisions and plans established under this chapter, chapter
749	411, and Pub. L. No. 99-457.
750	(5)  ADVISORY COUNCIL.--There is established a Genetics and
751	Newborn Infant Screening Advisory Council made up of 15 12
752	members appointed by the Secretary of Health. The council shall
753	be composed of two consumer members, three practicing
754	pediatricians, at least one of whom must be a pediatric
755	hematologist, one representative from each of the four medical
756	schools in the state, the Secretary of Health or his or her
757	designee, one representative from the Department of Health
758	representing Children's Medical Services, one representative
759	from the Florida Hospital Association, one representative with
760	experience in newborn screening programs, one representative
761	representing audiologists, and one representative from the
762	Developmental Disabilities Program Office of the Department of
763	Children and Family Services. All appointments shall be for a
764	term of 4 years. The chairperson of the council shall be elected
765	from the membership of the council and shall serve for a period
766	of 2 years. The council shall meet at least semiannually or upon
767	the call of the chairperson. The council may establish ad hoc or
768	temporary technical advisory groups to assist the council with
769	specific topics which come before the council. Council members
770	shall serve without pay. Pursuant to the provisions of s.
771	112.061, the council members are entitled to be reimbursed for
772	per diem and travel expenses. It is the purpose of the council
773	to advise the department about:
774	(a)  Conditions for which testing should be included under
775	the screening program and the genetics program.;
776	(b)  Procedures for collection and transmission of
777	specimens and recording of results.; and
778	(c)  Methods whereby screening programs and genetics
779	services for children now provided or proposed to be offered in
780	the state may be more effectively evaluated, coordinated, and
781	consolidated.
782	Section 17.  Subsection (1) of section 383.402, Florida
783	Statutes, is amended to read:
784	383.402  Child abuse death review; State Child Abuse Death
785	Review Committee; local child abuse death review committees.--
786	(1)  It is the intent of the Legislature to establish a
787	statewide multidisciplinary, multiagency child abuse death
788	assessment and prevention system that consists of state and
789	local review committees. The state and local review committees
790	shall review the facts and circumstances of all deaths of
791	children from birth through age 18 which occur in this state as
792	the result of verified child abuse or neglect and for whom at
793	least one report of abuse or neglect was accepted by the central
794	abuse hotline within the Department of Children and Family
795	Services. The purpose of the review shall be to:
796	(a)  Achieve a greater understanding of the causes and
797	contributing factors of deaths resulting from child abuse.
798	(b)  Whenever possible, develop a communitywide approach to
799	address such cases and contributing factors.
800	(c)  Identify any gaps, deficiencies, or problems in the
801	delivery of services to children and their families by public
802	and private agencies which may be related to deaths that are the
803	result of child abuse.
804	(d)  Make and implement recommendations for changes in law,
805	rules, and policies, as well as develop practice standards that
806	support the safe and healthy development of children and reduce
807	preventable child abuse deaths.
808	Section 18.  Subsection (2) of section 391.021, Florida
809	Statutes, is amended to read:
810	391.021  Definitions.--When used in this act, unless the
811	context clearly indicates otherwise:
812	(2)  "Children with special health care needs" means those
813	children who have not reached 21 years of age who have chronic
814	physical, developmental, behavioral, or emotional conditions and
815	who also require health care and related services of a type or
816	amount beyond that which is generally required by children under
817	age 21 years whose serious or chronic physical or developmental
818	conditions require extensive preventive and maintenance care
819	beyond that required by typically healthy children. Health care
820	utilization by these children exceeds the statistically expected
821	usage of the normal child adjusted for chronological age. These
822	children often need complex care requiring multiple providers,
823	rehabilitation services, and specialized equipment in a number
824	of different settings.
825	Section 19.  Section 391.025, Florida Statutes, is amended
826	to read:
827	391.025  Applicability and scope.--
828	(1)  This act applies to health services provided to
829	eligible individuals who are:
830	(a)1.  Enrolled in the Medicaid program;
831	2.  Enrolled in the Florida Kidcare program; and
832	3.  Uninsured or underinsured, provided that they meet the
833	financial eligibility requirements established in this act, and
834	to the extent that resources are appropriated for their care; or
835	(b)  Infants who receive an award of compensation under s.
836	766.31(1).
837	(1)(2)  The Children's Medical Services program consists of
838	the following components:
839	(a)  The newborn infant metabolic screening program
840	established in s. 383.14.
841	(b)  The regional perinatal intensive care centers program
842	established in ss. 383.15-383.21.
843	(c)  A federal or state program authorized by the
844	Legislature.
845	(d)  The developmental evaluation and intervention program,
846	including the Infants and Toddlers Early Intervention Program.
847	(e)  The Children's Medical Services network.
848	(2)(3)  The Children's Medical Services program shall not
849	be deemed an insurer and is not subject to the licensing
850	requirements of the Florida Insurance Code or the rules adopted
851	thereunder, when providing services to children who receive
852	Medicaid benefits, other Medicaid-eligible children with special
853	health care needs, and children participating in the Florida
854	Kidcare program.
855	Section 20.  Section 391.029, Florida Statutes, is amended
856	to read:
857	391.029  Program eligibility.--
858	(1)  The department shall establish the medical criteria to
859	determine if an applicant for the Children's Medical Services
860	program is an eligible individual.
861	(2)  The following individuals are financially eligible to
862	receive services through for the program:
863	(a)  A high-risk pregnant female who is eligible for
864	Medicaid.
865	(b)  Children A child with special health care needs from
866	birth to age 21 years of age who are is eligible for Medicaid.
867	(c)  Children A child with special health care needs from
868	birth to age 19 years of age who are is eligible for a program
869	under Title XXI of the Social Security Act.
870	(3)  Subject to the availability of funds, the following
871	individuals may receive services through the program:
872	(a)(d)  Children A child with special health care needs
873	from birth to age 21 years of age whose family income is above
874	financial eligibility requirements under Title XXI of the Social
875	Security Act and whose projected annual cost of care adjusts the
876	family income to Medicaid financial criteria. In cases where the
877	family income is adjusted based on a projected annual cost of
878	care, the family shall participate financially in the cost of
879	care based on criteria established by the department.
880	(b)(e)  Children A child with special health care needs
881	from birth to 21 years of age, as provided defined in Title V of
882	the Social Security Act relating to children with special health
883	care needs.
884	(c)(f)  A newborn An infant who receives an award of
885	compensation under s. 766.31(1). The Florida Birth-Related
886	Neurological Injury Compensation Association shall reimburse the
887	Children's Medical Services Network the state's share of
888	funding, which must thereafter be used to obtain matching
889	federal funds under Title XXI of the Social Security Act.
890
891	The department may continue to serve certain children with
892	special health care needs who are 21 years of age or older and
893	who were receiving services from the program prior to April 1,
894	1998. Such children may be served by the department until July
895	1, 2000.
896	(4)(3)  The department shall determine the financial and
897	medical eligibility of children for the program. The department
898	shall also determine the financial ability of the parents, or
899	persons or other agencies having legal custody over such
900	individuals, to pay the costs of health services under the
901	program. The department may pay reasonable travel expenses
902	related to the determination of eligibility for or the provision
903	of health services.
904	(5)(4)  Any child who has been provided with surgical or
905	medical care or treatment under this act prior to being adopted
906	shall continue to be eligible to be provided with such care or
907	treatment after his or her adoption, regardless of the financial
908	ability of the persons adopting the child.
909	Section 21.  Subsection (4) is added to section 391.035,
910	Florida Statutes, to read:
911	391.035  Provider qualifications.--
912	(4)  Notwithstanding any other provision of law, the
913	department may contract with health care providers licensed in
914	another state to provide health services to participants in the
915	Children's Medical Services program when necessary due to an
916	emergency, the availability of specialty services, or a greater
917	convenience to the participant for receiving timely and
918	effective health care services. The department may adopt rules
919	to administer this subsection.
920	Section 22.  Subsection (4) is added to section 391.055,
921	Florida Statutes, to read:
922	391.055  Service delivery systems.--
923	(4)  If a newborn has an abnormal screening result for
924	metabolic or other hereditary and congenital disorders which is
925	identified through the newborn screening program pursuant to s.
926	383.14, the newborn shall be referred to Children's Medical
927	Services for additional testing, medical management, early
928	intervention services, or medical referral.
929	Section 23.  Subsection (4) of section 391.301, Florida
930	Statutes, is renumbered as subsection (3), and present
931	subsection (3) of said section is amended to read:
932	391.301  Developmental evaluation and intervention
933	programs; legislative findings and intent.--
934	(3)  It is the intent of the Legislature to provide a
935	statewide coordinated program to screen, diagnose, and manage
936	high-risk infants identified as hearing-impaired. The program
937	shall develop criteria to identify infants who are at risk of
938	having hearing impairments, and shall ensure that all parents or
939	guardians of newborn infants are provided with materials
940	regarding hearing impairments prior to discharge of the newborn
941	infants from the hospital.
942	Section 24.  Subsections (4), (5), and (6) of section
943	391.302, Florida Statutes, are renumbered as subsections (2),
944	(3), and (4), respectively, and present subsections (2) and (3)
945	of said section are amended to read:
946	391.302  Definitions.--As used in ss. 391.301-391.307, the
947	term:
948	(2)  "Hearing-impaired infant" means an infant who is born
949	with or who has acquired prelingually a hearing loss so severe
950	that, unaided, the infant cannot learn speech and language
951	through normal means.
952	(3)  "High-risk hearing-impaired infant" means an infant
953	who exhibits conditions and factors that include, but are not
954	limited to, a family history of hearing impairment or anatomic
955	malformation which place the infant at an increased risk for
956	hearing impairment.
957	Section 25.  Section 391.303, Florida Statutes, is amended
958	to read:
959	391.303  Program requirements.--
960	(1)  Developmental evaluation and intervention services
961	shall be established at each hospital that provides Level II or
962	Level III neonatal intensive care services. Program services
963	shall be made available to an infant or toddler identified as
964	being at risk for developmental disabilities, or identified as
965	medically involved, who, along with his or her family, would
966	benefit from program services. Program services shall be made
967	available to infants or toddlers in a Level II or Level III
968	neonatal intensive care unit or in a pediatric intensive care
969	unit, infants who are identified as being at high risk for
970	hearing impairment or who are hearing-impaired, or infants who
971	have a metabolic or genetic disorder or condition identified
972	through the newborn screening program. The developmental
973	evaluation and intervention programs are subject to the
974	availability of moneys and the limitations established by the
975	General Appropriations Act or chapter 216. Hearing screening,
976	Evaluation and referral services, and initial developmental
977	assessments services shall be provided to each infant or
978	toddler. Other program services may be provided to an infant or
979	toddler, and the family of the infant or toddler, who do not
980	meet the financial eligibility criteria for the Children's
981	Medical Services program based on the availability of funding,
982	including insurance and fees.
983	(2)  Each developmental evaluation and intervention program
984	shall have a program director, a medical director, and necessary
985	staff to carry out the program. The program director shall
986	establish and coordinate the developmental evaluation and
987	intervention program. The program shall include, but is not
988	limited to:
989	(a)  In-hospital evaluation and intervention services,
990	parent support and training, and family support planning and
991	case management.
992	(b)  Screening and evaluation services to identify each
993	infant at risk of hearing impairment, and a medical and
994	educational followup and care management program for an infant
995	who is identified as hearing-impaired, with management beginning
996	as soon after birth as practicable. The medical management
997	program must include the genetic evaluation of an infant
998	suspected to have genetically determined deafness and an
999	evaluation of the relative risk.
1000	(b)(c)  Regularly held multidisciplinary team meetings to
1001	develop and update the family support plan. In addition to the
1002	family, a multidisciplinary team may include a physician,
1003	physician assistant, psychologist, psychotherapist, educator,
1004	social worker, nurse, physical or occupational therapist, speech
1005	pathologist, developmental evaluation and intervention program
1006	director, case manager, others who are involved with the in-
1007	hospital and posthospital discharge care plan, and anyone the
1008	family wishes to include as a member of the team. The family
1009	support plan is a written plan that describes the infant or
1010	toddler, the therapies and services the infant or toddler and
1011	his or her family need, and the intended outcomes of the
1012	services.
1013	(c)(d)  Discharge planning by the multidisciplinary team,
1014	including referral and followup to primary medical care and
1015	modification of the family support plan.
1016	(d)(e)  Education and training for neonatal and pediatric
1017	intensive care services staff, volunteers, and others, as
1018	needed, in order to expand the services provided to high-risk,
1019	developmentally disabled, or medically involved, or hearing-
1020	impaired infants and toddlers and their families.
1021	(e)(f)  Followup intervention services after hospital
1022	discharge, to aid the family and the high-risk, developmentally
1023	disabled, or medically involved, or hearing-impaired infant's or
1024	toddler's transition into the community. Support services shall
1025	be coordinated at the request of the family and within the
1026	context of the family support plan.
1027	(f)(g)  Referral to and coordination of services with
1028	community providers.
1029	(g)(h)  Educational materials about infant care, infant
1030	growth and development, community resources, medical conditions
1031	and treatments, and family advocacy. Materials regarding hearing
1032	impairments shall be provided to each parent or guardian of a
1033	hearing-impaired infant or toddler.
1034	(h)(i)  Involvement of the parents and guardians of each
1035	identified high-risk, developmentally disabled, or medically
1036	involved, or hearing-impaired infant or toddler.
1037	Section 26.  Subsections (3) through (6) of section
1038	391.305, Florida Statutes, are renumbered as subsections (2)
1039	through (5), respectively, and present subsection (2) of said
1040	section is amended to read:
1041	391.305  Program standards; rules.--
1042	(2)  Criteria and procedures for screening, identifying,
1043	and diagnosing hearing-impaired infants.
1044	Section 27.  Section 391.308, Florida Statutes, is created
1045	to read:
1046	391.308  Infants and Toddlers Early Intervention
1047	program.--The Department of Health may implement and administer
1048	The Department of Health may implement and administer Part C of
1049	the federal Individuals with Disabilities Education Act (IDEA).
1050	(1)  The department, jointly with the Department of
1051	Education, shall annually prepare a grant application to the
1052	United States Department of Education for funding early
1053	intervention services for infants and toddlers with
1054	disabilities, ages birth through 36 months, and their families
1055	pursuant to Part C of the federal Individuals with Disabilities
1056	Education Act.
1057	(2)  The department, jointly with the Department of
1058	Education, shall include a reading initiative as an early
1059	intervention service for infants and toddlers.
1060	Section 28.  Subsections (3) and (4) of section 395.1027,
1061	Florida Statutes, are renumbered as subsections (4) and (5),
1062	respectively, and a new subsection (3) is added to said section
1063	to read:
1064	395.1027  Regional poison control centers.--
1065	(3)  Upon request, a licensed facility shall release to a
1066	regional poison control center any patient information that is
1067	necessary for case management of poison cases.
1068	Section 29.  Section 395.404, Florida Statutes, is amended
1069	to read:
1070	395.404  Review of trauma registry data; report to central
1071	registry; confidentiality and limited release.--
1072	(1)(a)  Each trauma center shall furnish, and all acute
1073	care hospitals, upon request of the department, shall furnish
1074	for department review, trauma registry data as prescribed by
1075	rule of the department for the purpose of monitoring patient
1076	outcome and ensuring compliance with the standards of approval.
1077	(b)(3)  Trauma registry data obtained pursuant to this
1078	subsection section are confidential and exempt from the
1079	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1080	Constitution. However, the department may provide such trauma
1081	registry data to the person, trauma center, pediatric trauma
1082	referral center, hospital, emergency medical service provider,
1083	local or regional trauma agency, medical examiner, or other
1084	entity from which the data were obtained. The department may
1085	also use or provide trauma registry data for purposes of
1086	research in accordance with the provisions of chapter 405.
1087	(2)  Each trauma center and acute care hospital shall
1088	report to the department's brain and spinal cord injury central
1089	registry consistent with the procedures and timeframes under s.
1090	381.74 any person who has a moderate to severe brain or spinal
1091	cord injury and shall include the name, age, residence, and type
1092	of disability of the individual and such additional information
1093	as may be deemed necessary by the department. Notwithstanding
1094	the provisions of s. 381.74, each trauma center and acute care
1095	hospital shall submit severe disability and head-injury registry
1096	data to the department as provided by rule. Each trauma center
1097	and acute care hospital shall continue to provide initial
1098	notification of persons who have severe disabilities and head
1099	injuries to the Department of Health within timeframes provided
1100	in chapter 413. Such initial notification shall be made in the
1101	manner prescribed by the Department of Health for the purpose of
1102	providing timely vocational rehabilitation services to the
1103	severely disabled or head-injured person.
1104	Section 30.  Subsections (3) and (4) of section 400.9905,
1105	Florida Statutes, are renumbered as subsections (4) and (5),
1106	respectively, and amended, and new subsections (3), (6), and (7)
1107	are added to said section, to read:
1108	400.9905  Definitions.--
1109	(3)  "Chief financial officer" means an individual who has
1110	a bachelor's degree from an accredited university in accounting
1111	or finance, or a related field, and who is the person
1112	responsible for the preparation of a clinic's billing.
1113	(4)(3)  "Clinic" means an entity at which health care
1114	services are provided to individuals and which tenders charges
1115	for reimbursement for such services, including a mobile clinic
1116	and a portable equipment provider. For purposes of this part,
1117	the term does not include and the licensure requirements of this
1118	part do not apply to:
1119	(a)  Entities licensed or registered by the state that
1120	provide only health care services within the scope of services
1121	authorized under their respective licenses granted under s.
1122	383.30, chapter 390, chapter 394, chapter 395, chapter 397, this
1123	chapter except part XIII, chapter 463, chapter 465, chapter 466,
1124	chapter 478, part I of chapter 483 chapter 480, chapter 484, or
1125	chapter 651; end-stage renal disease providers authorized under
1126	42 C.F.R. part 405, subpart U; or providers certified under 42
1127	C.F.R. part 485, subpart B or H.
1128	(b)  Entities that own, directly or indirectly, entities
1129	licensed or registered by the state and providing only health
1130	care services within the scope of services authorized pursuant
1131	to their respective licenses granted under s. 383.30, chapter
1132	390, chapter 394, chapter 395, chapter 397, this chapter except
1133	part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1134	part I of chapter 483 chapter 480, chapter 484, or chapter 651,
1135	or end-stage renal disease providers authorized under 42 C.F.R.
1136	part 405, subpart U, or providers certified under 42 C.F.R. part
1137	485, subpart B or H.
1138	(c)  Entities that are owned, directly or indirectly, by an
1139	entity licensed or registered by the state and that provide only
1140	health care services within the scope of services authorized
1141	pursuant to their respective licenses granted under s. 383.30,
1142	chapter 390, chapter 394, chapter 395, chapter 397, this chapter
1143	except part XIII, chapter 463, chapter 465, chapter 466, chapter
1144	478, part I of chapter 483 chapter 480, chapter 484, or chapter
1145	651; end-stage renal disease providers authorized under 42
1146	C.F.R. part 405, subpart U; or providers certified under 42
1147	C.F.R. part 485, subpart B or H.
1148	(d)  Entities that are under common ownership, directly or
1149	indirectly, with an entity licensed or registered by the state
1150	and that provide only health care services within the scope of
1151	services authorized pursuant to their respective licenses
1152	granted under s. 383.30, chapter 390, chapter 394, chapter 395,
1153	chapter 397, this chapter except part XIII, chapter 463, chapter
1154	465, chapter 466, chapter 478, part I of chapter 483 chapter
1155	480, chapter 484, or chapter 651; end-stage renal disease
1156	providers authorized under 42 C.F.R. part 405, subpart U; or
1157	providers certified under 42 C.F.R. part 485, subpart B or H.
1158	(e)  An entity that is exempt from federal taxation under
1159	26 U.S.C. s. 501(c)(3) or s. 501(c)(4) and any community college
1160	or university clinic or any entity owned or operated by federal
1161	or state government, including agencies, subdivisions, or
1162	municipalities thereof.
1163	(f)  A sole proprietorship, group practice, partnership, or
1164	corporation that provides health care services by licensed
1165	health care practitioners under chapter 457, chapter 458,
1166	chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1167	chapter 466, chapter 467, chapter 480 chapter 484, chapter 486,
1168	chapter 490, chapter 491, or part I, part III, part X, part
1169	XIII, or part XIV of chapter 468, or s. 464.012, which are
1170	wholly owned by one or more a licensed health care practitioners
1171	set forth in this paragraph practitioner, or the licensed health
1172	care practitioner and the spouse, parent, or child of a licensed
1173	health care practitioner, so long as one of the owners who is a
1174	licensed health care practitioner is supervising the business
1175	activities services performed therein and is legally responsible
1176	for the entity's compliance with all federal and state laws.
1177	Violation of any federal or state law by an employee, owner,
1178	partner, or shareholder providing health care services at the
1179	entity shall constitute a violation of s. 456.072(1)(k) by the
1180	licensee violating the federal or state law and by the
1181	supervising owner However, a health care practitioner may not
1182	supervise services beyond the scope of the practitioner's
1183	license.
1184	(g)  Clinical facilities affiliated with an accredited
1185	medical school at which training is provided for medical
1186	students, residents, or fellows.
1187	(5)(4)  "Medical director" means a physician who is
1188	employed or under contract with a clinic and who maintains a
1189	full and unencumbered physician license in accordance with
1190	chapter 458, chapter 459, chapter 460, or chapter 461. However,
1191	if the clinic does not provide services pursuant to the
1192	respective physician practices acts listed in this subsection,
1193	it is limited to providing health care services pursuant to
1194	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
1195	491 or part I, part III, part X, part XIII, or part XIV of
1196	chapter 468, the clinic may appoint a Florida-licensed health
1197	care practitioner who does not provide services pursuant to the
1198	respective physician practices acts listed in this subsection
1199	licensed under that chapter to serve as a clinic director who is
1200	responsible for the clinic's activities. A health care
1201	practitioner may not serve as the clinic director if the
1202	services provided at the clinic are beyond the scope of that
1203	practitioner's license, except that a licensee specified in s.
1204	456.053(3)(b) who provides only services authorized pursuant to
1205	s. 456.053(3)(b) may serve as clinic director of an entity
1206	providing services as specified in s. 456.053(3)(b).
1207	(6)  "Mobile clinic" means a movable or detached self-
1208	contained health care unit within or from which direct health
1209	care services are provided to individuals and which otherwise
1210	meets the definition of a clinic in subsection (3).
1211	(7)  "Portable equipment provider" means an entity that
1212	contracts with or employs persons to provide portable equipment
1213	to multiple locations performing treatment or diagnostic testing
1214	of individuals, that bills third-party payors for those
1215	services, and that otherwise meets the definition of a clinic in
1216	subsection (3).
1217	Section 31.  Subsection (1) and paragraph (a) of subsection
1218	(7) of section 400.991, Florida Statutes, are amended to read:
1219	400.991  License requirements; background screenings;
1220	prohibitions.--
1221	(1)(a)  Each clinic, as defined in s. 400.9905, must be
1222	licensed and shall at all times maintain a valid license with
1223	the agency. Each clinic location shall be licensed separately
1224	regardless of whether the clinic is operated under the same
1225	business name or management as another clinic.
1226	(b)  Each mobile clinic must obtain a separate health care
1227	clinic license and clinics must provide to the agency, at least
1228	quarterly, its their projected street locations to enable the
1229	agency to locate and inspect such clinics. Portable equipment
1230	providers must obtain a health care clinic license for a single
1231	administrative office and are not required to submit quarterly
1232	projected street locations.
1233	(7)  Each applicant for licensure shall comply with the
1234	following requirements:
1235	(a)  As used in this subsection, the term "applicant" means
1236	individuals owning or controlling, directly or indirectly, 5
1237	percent or more of an interest in a clinic; the medical or
1238	clinic director, or a similarly titled person who is responsible
1239	for the day-to-day operation of the licensed clinic; the
1240	financial officer or similarly titled individual who is
1241	responsible for the financial operation of the clinic; and
1242	licensed health care practitioners medical providers at the
1243	clinic.
1244	Section 32.  Paragraph (g) of subsection (1), subsection
1245	(9), and paragraph (b) of subsection (11) of section 400.9935,
1246	Florida Statutes, are amended to read:
1247	400.9935  Clinic responsibilities.--
1248	(1)  Each clinic shall appoint a medical director or clinic
1249	director who shall agree in writing to accept legal
1250	responsibility for the following activities on behalf of the
1251	clinic. The medical director or the clinic director shall:
1252	(g)  Conduct systematic reviews of clinic billings to
1253	ensure that the billings are not fraudulent or unlawful. Upon
1254	discovery of an unlawful charge, the medical director or clinic
1255	director shall take immediate corrective action. If the clinic
1256	performs only the technical component of magnetic resonance
1257	imaging, static radiographs, computed tomography, or positron
1258	emission tomography and provides the professional interpretation
1259	of such services, in a fixed facility that is accredited by the
1260	Joint Commission on Accreditation of Healthcare Organizations or
1261	the Accreditation Association for Ambulatory Health Care and the
1262	American College of Radiology, and if, in the preceding quarter,
1263	the percentage of scans performed by that clinic that were
1264	billed to a personal injury protection insurance carrier was
1265	less than 15 percent, the chief financial officer of the clinic
1266	may, in a written acknowledgment provided to the agency, assume
1267	the responsibility for the conduct of the systematic reviews of
1268	clinic billings to ensure that the billings are not fraudulent
1269	or unlawful. With regard to clinics that share majority
1270	ownership, the percentage of the scans performed that were
1271	billed to a personal injury protection insurance carrier may be
1272	calculated on a consolidated basis.
1273	(9)  Any person or entity providing health care services
1274	which is not a clinic, as defined under s. 400.9905, may
1275	voluntarily apply for a certificate of exemption from licensure
1276	under its exempt status with the agency on a form that sets
1277	forth its name or names and addresses, a statement of the
1278	reasons why it cannot be defined as a clinic, and other
1279	information deemed necessary by the agency. An exemption is not
1280	transferable. The agency is authorized to charge all applicants
1281	for certificates of exemption an amount equal to $100 or the
1282	actual cost of processing the certificate, whichever is less.
1283	(11)
1284	(b)  The agency may deny disallow the application or revoke
1285	the license of any entity formed for the purpose of avoiding
1286	compliance with the accreditation provisions of this subsection
1287	and whose principals were previously principals of an entity
1288	that was unable to meet the accreditation requirements within
1289	the specified timeframes. The agency may adopt rules as to the
1290	accreditation of magnetic resonance imaging clinics.
1291	Section 33.  Subsections (1) and (3) of section 400.995,
1292	Florida Statutes, are amended, and a new subsection (10) is
1293	added to said section, to read:
1294	400.995  Agency administrative penalties.--
1295	(1)  The agency may deny the application for a license
1296	renewal or revoke or suspend the license and may impose
1297	administrative fines penalties against clinics of up to $5,000
1298	per violation for violations of the requirements of this part or
1299	rules of the agency. In determining if a penalty is to be
1300	imposed and in fixing the amount of the fine, the agency shall
1301	consider the following factors:
1302	(a)  The gravity of the violation, including the
1303	probability that death or serious physical or emotional harm to
1304	a patient will result or has resulted, the severity of the
1305	action or potential harm, and the extent to which the provisions
1306	of the applicable laws or rules were violated.
1307	(b)  Actions taken by the owner, medical director, or
1308	clinic director to correct violations.
1309	(c)  Any previous violations.
1310	(d)  The financial benefit to the clinic of committing or
1311	continuing the violation.
1312	(3)  Any action taken to correct a violation shall be
1313	documented in writing by the owner, medical director, or clinic
1314	director of the clinic and verified through followup visits by
1315	agency personnel. The agency may impose a fine and, in the case
1316	of an owner-operated clinic, revoke or deny a clinic's license
1317	when a clinic medical director or clinic director knowingly
1318	fraudulently misrepresents actions taken to correct a violation.
1319	(10)  If the agency issues a notice of intent to deny a
1320	license application after a temporary license has been issued
1321	pursuant to s. 400.991(3), the temporary license shall expire on
1322	the date of the notice and may not be extended during any
1323	proceeding for administrative or judicial review pursuant to
1324	chapter 120.
1325	Section 34.  The Agency for Health Care Administration is
1326	directed to make refunds to applicants that submitted their
1327	health care clinic licensure fees and applications but were
1328	subsequently exempted from licensure by this act as follows:
1329	(1)  Seventy-five percent of the application fee if the
1330	temporary license has not been issued;
1331	(2)  Fifty percent of the application fee if the temporary
1332	license has been issued but the inspection has not been
1333	completed; or
1334	(3)  No refund if the inspection has been completed.
1335	Section 35.  Any person or entity defined as a clinic under
1336	s. 400.9905, Florida Statutes, shall not be in violation of part
1337	XIII of chapter 400, Florida Statutes, due to failure to apply
1338	for a clinic license by March 1, 2004. Payment to any such
1339	person or entity by an insurer or other person liable for
1340	payment to such person or entity may not be denied on the
1341	grounds that the person or entity failed to apply for or obtain
1342	a clinic license before July 1, 2004. This section is contingent
1343	upon Senate Bill 2380 or similar legislation becoming law.
1344	Section 36.  Section 401.211, Florida Statutes, is amended
1345	to read:
1346	401.211  Legislative intent.--The Legislature recognizes
1347	that the systematic provision of emergency medical services
1348	saves lives and reduces disability associated with illness and
1349	injury. In addition, that system of care must be equally capable
1350	of assessing, treating, and transporting children, adults, and
1351	frail elderly persons. Further, it is the intent of the
1352	Legislature to encourage the development and maintenance of
1353	emergency medical services because such services are essential
1354	to the health and well-being of all citizens of the state. The
1355	Legislature also recognizes that the establishment of a
1356	comprehensive statewide injury prevention program supports state
1357	and community health systems by further enhancing the total
1358	delivery system of emergency medical services and reduces
1359	injuries for all persons. The purpose of this part is to protect
1360	and enhance the public health, welfare, and safety through the
1361	establishment of an emergency medical services state plan, an
1362	advisory council, a comprehensive statewide injury prevention
1363	program, minimum standards for emergency medical services
1364	personnel, vehicles, services and medical direction, and the
1365	establishment of a statewide inspection program created to
1366	monitor the quality of patient care delivered by each licensed
1367	service and appropriately certified personnel.
1368	Section 37.  Section 401.243, Florida Statutes, is created
1369	to read:
1370	401.243  Injury prevention.--The department shall establish
1371	an injury prevention program which shall be responsible for the
1372	statewide coordination and expansion of injury prevention
1373	activities. The duties of the program may include, but are not
1374	limited to, data collection, surveillance, education, and the
1375	promotion of interventions. In addition, the program may:
1376	(1)  Provide communities, county health departments, and
1377	other state agencies with injury prevention expertise and
1378	guidance.
1379	(2)  Seek, receive, and expend funds received from grants,
1380	donations, or contributions from public or private sources for
1381	program purposes.
1382	(3)  Develop, and revise as necessary, a comprehensive
1383	state plan for injury prevention.
1384	(4)  Adopt rules governing the implementation of grant
1385	programs. Rules may include, but need not be limited to,
1386	criteria regarding the application process, the selection of
1387	grantees, the implementation of injury prevention activities,
1388	data collection, surveillance, education, and the promotion of
1389	interventions.
1390	Section 38.  Subsection (4) of section 404.056, Florida
1391	Statutes, is amended to read:
1392	404.056  Environmental radiation standards and projects;
1393	certification of persons performing measurement or mitigation
1394	services; mandatory testing; notification on real estate
1395	documents; rules.--
1396	(4)  MANDATORY TESTING.--All public and private school
1397	buildings or school sites housing students in kindergarten
1398	through grade 12; all state-owned, state-operated, state-
1399	regulated, or state-licensed 24-hour care facilities; and all
1400	state-licensed day care centers for children or minors which are
1401	located in counties designated within the Department of
1402	Community Affairs' Florida Radon Protection Map Categories as
1403	"Intermediate" or "Elevated Radon Potential" shall be measured
1404	to determine the level of indoor radon, using measurement
1405	procedures established by the department. Initial measurements
1406	Testing shall be conducted completed within the first year of
1407	construction in 20 percent of the habitable first floor spaces
1408	within any of the regulated buildings and. Initial measurements
1409	shall be completed and reported to the department within 1 by
1410	July 1 of the year after the date the building is opened for
1411	occupancy or within 1 year after license approval for the entity
1412	residing in the existing building. Followup testing must be
1413	completed in 5 percent of the habitable first floor spaces
1414	within any of the regulated buildings after the building has
1415	been occupied for 5 years, and results must be reported to the
1416	department by the 1st day July 1 of the 6th 5th year of
1417	occupancy. After radon measurements have been made twice,
1418	regulated buildings need not undergo further testing unless
1419	significant structural changes occur. No funds collected
1420	pursuant to s. 553.721 shall be used to carry out the provisions
1421	of this subsection.
1422	Section 39.  Subsection (1) and paragraph (g) of subsection
1423	(3) of section 468.302, Florida Statutes, are amended to read:
1424	468.302  Use of radiation; identification of certified
1425	persons; limitations; exceptions.--
1426	(1)  Except as hereinafter provided, no person shall use
1427	radiation or otherwise practice radiologic technology on a human
1428	being unless he or she:
1429	(a)  Is a licensed practitioner; or
1430	(b)  Is the holder of a certificate, as provided in this
1431	part, and is operating under the direct supervision or general
1432	supervision of a licensed practitioner in each particular case.
1433	(3)
1434	(g)1.  A person holding a certificate as a nuclear medicine
1435	technologist may only:
1436	a.  Conduct in vivo and in vitro measurements of
1437	radioactivity and administer radiopharmaceuticals to human
1438	beings for diagnostic and therapeutic purposes.
1439	b.  Administer X-radiation from a combination nuclear
1440	medicine-computed tomography device if that radiation is
1441	administered as an integral part of a nuclear medicine procedure
1442	that uses an automated computed tomography protocol for the
1443	purposes of attenuation correction and anatomical localization
1444	and the person has received device-specific training on the
1445	combination device.
1446	2.  However, The authority of a nuclear medicine
1447	technologist under this paragraph excludes:
1448	a.  Radioimmunoassay and other clinical laboratory testing
1449	regulated pursuant to chapter 483.
1450	b.  Creating or modifying automated computed tomography
1451	protocols.
1452	c.  Any other operation of a computed tomography device,
1453	especially for the purposes of stand-alone diagnostic imaging,
1454	which must be performed by a general radiographer certified
1455	under this part.
1456	Section 40.  Section 468.304, Florida Statutes, is amended
1457	to read:
1458	468.304  Certification examination; admission.--The
1459	department shall certify admit to examination for certification
1460	any applicant who meets the following criteria:
1461	(1)  Pays to the department a nonrefundable fee not to
1462	exceed $100 plus the actual per-applicant cost to the department
1463	for purchasing the examination from a national organization.
1464	(2)  Submits a completed application on a form specified by
1465	the department. An incomplete application shall expire 6 months
1466	after initial filing. The application shall require the social
1467	security number of the applicant. Each applicant shall notify
1468	the department in writing of his or her current mailing address.
1469	Notwithstanding the provisions of any other statute, service by
1470	regular mail to an applicant's last reported mailing address
1471	constitutes adequate and sufficient notice of any official
1472	department communication to the applicant.
1473	(3)  and Submits satisfactory evidence, verified by oath or
1474	affirmation, that she or he:
1475	(a)(1)  Is at least 18 years of age at the time of
1476	application;
1477	(b)(2)  Is a high school, vocational school, technical
1478	school, or college graduate or has successfully completed the
1479	requirements for a graduate equivalency diploma (GED) or its
1480	equivalent;
1481	(c)(3)  Is of good moral character; and
1482	(d)  Has passed an examination as specified in s. 468.306
1483	or meets the requirements specified in s. 468.3065; and
1484	(e)1.(4)(a)  Has successfully completed an educational
1485	program, which program may be established in a hospital licensed
1486	pursuant to chapter 395 or in an accredited postsecondary
1487	academic institution which is subject to approval by the
1488	department as maintaining a satisfactory standard; or
1489	2.a.(b)1.  With respect to an applicant for a basic X-ray
1490	machine operator's certificate, has completed a course of study
1491	approved by the department with appropriate study material
1492	provided the applicant by the department;
1493	b.2.  With respect to an applicant for a basic X-ray
1494	machine operator-podiatric medicine certificate, has completed a
1495	course of study approved by the department, provided that such
1496	course of study shall be limited to that information necessary
1497	to perform radiographic procedures within the scope of practice
1498	of a podiatric physician licensed pursuant to chapter 461;
1499	c.3.  With respect only to an applicant for a general
1500	radiographer's certificate who is a basic X-ray machine operator
1501	certificateholder, has completed an educational program or a 2-
1502	year training program that takes into account the types of
1503	procedures and level of supervision usually and customarily
1504	practiced in a hospital, which educational or training program
1505	complies with the rules of the department; or
1506	d.4.  With respect only to an applicant for a nuclear
1507	medicine technologist's certificate who is a general
1508	radiographer certificateholder, has completed an educational
1509	program or a 2-year training program that takes into account the
1510	types of procedures and level of supervision usually and
1511	customarily practiced in a hospital, which educational or
1512	training program complies with the rules of the department.
1513	(4)  Submits complete documentation of any criminal offense
1514	in any jurisdiction of which the applicant has been found
1515	guilty, regardless of whether adjudication of guilt was
1516	withheld, or to which the applicant has pled guilty or nolo
1517	contendere.
1518	(5)  Submits complete documentation of any final
1519	disciplinary action taken against the applicant by a licensing
1520	or regulatory body in any jurisdiction, by a national
1521	organization, or by a specialty board that is recognized by the
1522	department. Disciplinary action includes revocation, suspension,
1523	probation, reprimand, or being otherwise acted against,
1524	including being denied certification, or resigning from or
1525	nonrenewal of membership taken in lieu of or in settlement of a
1526	pending disciplinary case.
1527
1528	The department may not certify any applicant who has committed
1529	an offense that would constitute a violation of any of the
1530	provisions of s. 468.3101 or the rules adopted thereunder if the
1531	applicant had been certified by the department at the time of
1532	the offense. In addition, no application for a limited computed
1533	tomography certificate shall be accepted, and. all persons
1534	holding valid computed tomography certificates as of October 1,
1535	1984, are subject to the provisions of s. 468.309.
1536	Section 41.  Section 468.306, Florida Statutes, is amended
1537	to read:
1538	468.306  Examinations.--All applicants, except those
1539	certified pursuant to s. 468.3065, shall be required to pass an
1540	examination. The department is authorized to develop or use
1541	examinations for each type of certificate. The department may
1542	require an applicant who does not pass an examination after five
1543	attempts to complete additional remedial education, as specified
1544	by rule of the department, before admitting the applicant to
1545	subsequent examinations.
1546	(1)  The department shall have the authority to contract
1547	with organizations that develop such test examinations.
1548	Examinations may be administered by the department or the
1549	contracting organization.
1550	(2)  Examinations shall be given for each type of
1551	certificate at least twice a year at such times and places as
1552	the department may determine to be advantageous for applicants.
1553	If an applicant applies less than 75 days before an examination,
1554	the department may schedule the applicant for a later
1555	examination.
1556	(3)  All examinations shall be written and include
1557	positioning, technique, and radiation protection. The department
1558	shall either pass or fail each applicant on the basis of his or
1559	her final grade. The examination for a basic X-ray machine
1560	operator shall include basic positioning and basic techniques
1561	directly related to the skills necessary to safely operate
1562	radiographic equipment.
1563	(4)  A nonrefundable fee not to exceed $75 plus the actual
1564	per-applicant cost for purchasing the examination from a
1565	national organization shall be charged for any subsequent
1566	examination.
1567	Section 42.  Section 468.3065, Florida Statutes, is amended
1568	to read:
1569	468.3065  Certification by endorsement.--The department may
1570	issue a certificate by endorsement to practice radiologic
1571	technology to an applicant who, upon applying to the department
1572	and remitting a nonrefundable fee not to exceed $50,
1573	demonstrates to the department that he or she holds a current
1574	certificate, license, or registration to practice radiologic
1575	technology, provided that the requirements for such certificate,
1576	license, or registration are deemed by the department to be
1577	substantially equivalent to those established under this part
1578	and rules adopted hereunder.
1579	Section 43.  Subsection (1) of section 468.307, Florida
1580	Statutes, is amended to read:
1581	468.307  Certificate; issuance; display.--
1582	(1)  The department shall issue a certificate to each
1583	candidate who has met the requirements of ss. 468.304 and
1584	468.306 or has qualified under s. 468.3065. The department may
1585	by rule establish a subcategory of a certificate issued under
1586	this part limiting the certificateholder to a specific procedure
1587	or specific type of equipment. The first regular certificate
1588	issued to a new certificateholder shall expire on the last day
1589	of the certificateholder's birth month and shall be at least 12
1590	months but no more than 24 months in duration. However, if the
1591	new certificateholder already holds a regular, active
1592	certificate in a different category under this part, the new
1593	certificate shall be combined with and expire on the same date
1594	as the existing certificate.
1595	Section 44.  Section 468.309, Florida Statutes, is amended
1596	to read:
1597	468.309  Certificate; duration; renewal; reversion to
1598	inactive status; members of Armed Forces and spouses.--
1599	(1)(a)  A radiologic technologist's certificate issued in
1600	accordance with this part expires as specified in rules adopted
1601	by the department which establish a procedure for the biennial
1602	renewal of certificates. A certificate shall be renewed by the
1603	department for a period of 2 years upon payment of a renewal fee
1604	in an amount not to exceed $75 and upon submission of a renewal
1605	application containing such information as the department deems
1606	necessary to show that the applicant for renewal is a radiologic
1607	technologist in good standing and has completed any continuing
1608	education requirements that the department establishes.
1609	(b)  Sixty days before the end of the biennium, the
1610	department shall mail a notice of renewal to the last known
1611	address of the certificateholder.
1612	(c)  Each certificateholder shall notify the department in
1613	writing of his or her current mailing address and place of
1614	practice. Notwithstanding the provisions of any other statute,
1615	service by regular mail to a certificateholder's last reported
1616	mailing address constitutes adequate and sufficient notice of
1617	any official department communication to the certificateholder.
1618	(2)  The department shall adopt rules establishing a
1619	procedure for the biennial renewal of certificates.
1620	(3)  The department may, by rule, prescribe continuing
1621	education requirements, not to exceed 24 hours each licensure
1622	period, as a condition for renewal of a certificate. The
1623	criteria for approval of continuing education providers,
1624	courses, and programs shall be as specified approved by the
1625	department. Continuing education, which may be required for
1626	persons certified under this part, may be obtained through home
1627	study courses approved by the department.
1628	(4)  Any certificate which is not renewed by its expiration
1629	date at the end of the biennium prescribed by the department
1630	shall automatically be placed in an expired status and the
1631	certificateholder shall not practice radiologic technology until
1632	the certificate has been reactivated revert to an inactive
1633	status. Such certificate may be reactivated only if the
1634	certificateholder meets the other qualifications for
1635	reactivation in s. 468.3095.
1636	(5)  A certificateholder in good standing remains in good
1637	standing when he or she becomes a member of the Armed Forces of
1638	the United States on active duty without paying renewal fees or
1639	accruing continuing education credits as long as he or she is a
1640	member of the Armed Forces on active duty and for a period of 6
1641	months after discharge from active duty, if he or she is not
1642	engaged in practicing radiologic technology in the private
1643	sector for profit. The certificateholder must pay a renewal fee
1644	and complete continuing education not to exceed 12 classroom
1645	hours to renew the certificate.
1646	(6)  A certificateholder who is in good standing remains in
1647	good standing if he or she is absent from the state because of
1648	his or her spouse's active duty with the Armed Forces of the
1649	United States. The certificateholder remains in good standing
1650	without paying renewal fees or completing continuing education
1651	as long as his or her spouse is a member of the Armed Forces on
1652	active duty and for a period of 6 months after the spouse's
1653	discharge from active duty, if the certificateholder is not
1654	engaged in practicing radiologic technology in the private
1655	sector for profit. The certificateholder must pay a renewal fee
1656	and complete continuing education not to exceed 12 classroom
1657	hours to renew the certificate.
1658	(7)  A certificateholder may resign his or her
1659	certification by submitting to the department a written,
1660	notarized resignation on a form specified by the department. The
1661	resignation shall automatically become effective upon the
1662	department's receipt of the resignation form, at which time the
1663	certificateholder's certification automatically becomes null and
1664	void and cannot be reactivated or renewed or used to practice
1665	radiologic technology. A certificateholder who has resigned may
1666	become certified again only by reapplying to the department for
1667	certification as a new applicant and meeting the certification
1668	requirements pursuant to s. 468.304 or s. 468.3065. Any
1669	disciplinary action that had been imposed on the
1670	certificateholder prior to his or her resignation shall be
1671	tolled until he or she again becomes certified. Any disciplinary
1672	action proposed at the time of the certificateholder's
1673	resignation shall be tolled until he or she again becomes
1674	certified.
1675	Section 45.  Subsection (2) of section 468.3095, Florida
1676	Statutes, is amended to read:
1677	468.3095  Expired or inactive status; reactivation;
1678	automatic suspension; reinstatement.--
1679	(2)(a)  A certificate which has been expired inactive for
1680	less than 10 years 1 year after the end of the biennium
1681	prescribed by the department may be reactivated renewed pursuant
1682	to s. 468.309 upon payment of the biennial renewal fee and a
1683	late renewal fee not to exceed $100 and submission of a
1684	reactivation application containing such information as the
1685	department deems necessary to show that the applicant is a
1686	radiologic technologist in good standing and has met the
1687	continuing education requirements. The renewed certificate shall
1688	expire 2 years after the date the certificate automatically
1689	reverted to inactive status.
1690	(b)  A certificate which has been inactive for less that 10
1691	years more than 1 year may be reactivated by meeting all of the
1692	requirements of s. 468.3095(2)(a) for expired certificates
1693	except for payment of the late renewal fee upon application to
1694	the department. The department shall prescribe, by rule,
1695	continuing education requirements as a condition of reactivating
1696	a certificate. The continuing education requirements for
1697	reactivating a certificate shall not exceed 10 classroom hours
1698	for each year the certificate was inactive and shall in no event
1699	exceed 100 classroom hours for all years in which the
1700	certificate was inactive.
1701	(c)  A certificate which has been inactive or expired for
1702	more than 10 years or more shall automatically become void and
1703	cannot be reactivated, renewed, or used to practice radiologic
1704	technology be suspended. One year before the suspension, the
1705	department shall give notice to the certificateholder. A
1706	suspended certificate may be reinstated as provided for original
1707	issuance in s. 468.307. A certificateholder whose certificate
1708	has become null and void may only become certified again by
1709	reapplying to the department as a new applicant and meeting the
1710	requirements pursuant to s. 468.304 or s. 468.3065.
1711	(d)  When an expired or inactive certificate is
1712	reactivated, the reactivated certificate shall expire on the
1713	last day of the certificateholder's birth month and shall be at
1714	least 12 months but no more than 24 months in duration. However,
1715	if the reactivating certificateholder already holds a regular,
1716	active certificate in a different category under this part, then
1717	the reactivated certificate shall be combined with and expire on
1718	the same date as the existing certificate.
1719	Section 46.  Subsection (1) of section 468.3101, Florida
1720	Statutes, is amended, and subsections (5) and (6) are added to
1721	said section, to read:
1722	468.3101  Disciplinary grounds and actions.--
1723	(1)  The department may make or require to be made such
1724	investigations, inspections, evaluations, and tests, and require
1725	the submission of such documents and statements, as it deems
1726	necessary to determine whether a violation of this part has
1727	occurred. The following acts shall be grounds for disciplinary
1728	action as set forth in this section:
1729	(a)  Procuring, attempting to procure, or renewing a
1730	certificate to practice radiologic technology by bribery, by
1731	fraudulent misrepresentation, or through an error of the
1732	department.
1733	(b)  Having a voluntary or mandatory certificate to
1734	practice radiologic technology revoked, suspended, or otherwise
1735	acted against, including being denied certification, by a
1736	national organization, by a specialty board recognized by the
1737	department, or by a the certification authority of another
1738	state, territory, or country.
1739	(c)  Being convicted or found guilty, regardless of
1740	adjudication, in any jurisdiction of a crime which directly
1741	relates to the practice of radiologic technology or to the
1742	ability to practice radiologic technology. Pleading A plea of
1743	nolo contendere shall be considered a conviction for the purpose
1744	of this provision.
1745	(d)  Being convicted or found guilty, regardless of
1746	adjudication, in any jurisdiction of a crime against a person.
1747	Pleading A plea of nolo contendere shall be considered a
1748	conviction for the purposes of this provision.
1749	(e)  Making or filing a false report or record which the
1750	certificateholder knows to be false, intentionally or
1751	negligently failing to file a report or record required by state
1752	or federal law, or willfully impeding or obstructing such filing
1753	or inducing another to do so. Such reports or records include
1754	only those reports or records which are signed in the capacity
1755	as a radiologic technologist.
1756	(f)  Engaging in unprofessional conduct, which includes,
1757	but is not limited to, any departure from, or the failure to
1758	conform to, the standards of practice of radiologic technology
1759	as established by the department, in which case actual injury
1760	need not be established.
1761	(g)  Being unable to practice radiologic technology with
1762	reasonable skill and safety to patients by reason of illness;
1763	drunkenness; or use of alcohol, drugs, narcotics, chemicals, or
1764	other materials or as a result of any mental or physical
1765	condition. A radiologic technologist affected under this
1766	paragraph shall, at reasonable intervals, be afforded an
1767	opportunity to demonstrate that he or she can resume the
1768	competent practice of radiologic technology with reasonable
1769	skill and safety.
1770	(h)  Failing to report to the department any person who the
1771	certificateholder knows is in violation of this part or of the
1772	rules of the department.
1773	(i)  Violating any provision of this part, any rule of the
1774	department, or any lawful order of the department previously
1775	entered in a disciplinary proceeding or failing to comply with a
1776	lawfully issued subpoena of the department.
1777	(j)  Employing, for the purpose of applying ionizing
1778	radiation or otherwise practicing radiologic technology on to
1779	any human being, any individual who is not certified under the
1780	provisions of this part.
1781	(k)  Testing positive for any drug, as defined in s.
1782	112.0455, on any confirmed preemployment or employer-required
1783	drug screening when the radiologic technologist does not have a
1784	lawful prescription and legitimate medical reason for using such
1785	drug.
1786	(l)  Failing to report to the department in writing within
1787	30 days after the certificateholder has had a voluntary or
1788	mandatory certificate to practice radiologic technology revoked,
1789	suspended, or otherwise acted against, including being denied
1790	certification, by a national organization, by a specialty board
1791	recognized by the department, or by a certification authority of
1792	another state, territory, or country.
1793	(m)  Having been found guilty of, regardless of
1794	adjudication, or pleading nolo contendere or guilty to, any
1795	offense prohibited under s. 435.03 or under any similar statute
1796	of another jurisdiction.
1797	(n)  Failing to comply with the recommendations of the
1798	department's impaired practitioner program for treatment,
1799	evaluation, or monitoring. A letter from the director of the
1800	impaired practitioner program that the certificateholder is not
1801	in compliance shall be considered conclusive proof under this
1802	part.
1803	(5)  A final disciplinary action taken against a radiologic
1804	technologist in another jurisdiction, whether voluntary or
1805	mandatory, shall be considered conclusive proof of grounds for a
1806	disciplinary proceeding under this part.
1807	(6)  The department may revoke a continuing education
1808	provider and its approved courses if the provider has been
1809	revoked, suspended, or otherwise acted against by a national
1810	organization, by a specialty board recognized by the department,
1811	or by a certification authority of another state, territory, or
1812	country. The department may, by rule, establish additional
1813	guidelines and criteria for the discipline of continuing
1814	education providers, including, but not limited to, revocation
1815	of a continuing education provider or continuing education
1816	course and the refusal to approve a continuing education
1817	provider or continuing education course.
1818	Section 47.  Paragraph (a) of subsection (5) of section
1819	489.553, Florida Statutes, is amended to read:
1820	489.553  Administration of part; registration
1821	qualifications; examination.--
1822	(5)  To be eligible for registration by the department as a
1823	master septic tank contractor, the applicant must:
1824	(a)  Have been a registered septic tank contractor in
1825	Florida for at least 3 years or a plumbing contractor certified
1826	under part I of this chapter who has provided septic tank
1827	contracting services for at least 3 years. The 3 years must
1828	immediately precede the date of application and may not be
1829	interrupted by any probation, suspension, or revocation imposed
1830	by the licensing agency.
1831	Section 48.  Section 489.554, Florida Statutes, is amended
1832	to read:
1833	489.554  Registration renewal.--
1834	(1)  The department shall prescribe by rule the method for
1835	approval of continuing education courses, and for renewal of
1836	annual registration, for inactive status for late filing of
1837	renewal applications, for allowing contractors to hold their
1838	registration in inactive status for a specified time period, and
1839	for reactivating licenses.
1840	(2)  At a minimum, annual renewal shall include continuing
1841	education requirements of not less than 6 classroom hours
1842	annually for septic tank contractors and not less than 12
1843	classroom hours annually for master septic tank contractors. The
1844	12 classroom hours of continuing education required for master
1845	septic tank contractors may include the 6 classroom hours
1846	required for septic tank contractors, but at a minimum must
1847	include 6 classroom hours of approved master septic tank
1848	contractor coursework.
1849	(3)  Certificates of registration shall become inactive
1850	when a renewal application is not filed in a timely manner. A
1851	certificate that has become inactive may be reactivated under
1852	this section by application to the department. A licensed
1853	contractor may apply to the department for voluntary inactive
1854	status at any time during the period of registration.
1855	(4)  Master septic tank contractors may elect to revert to
1856	registered septic tank contractor status at any time during the
1857	period of registration. The department shall prescribe by rule
1858	the method for a master septic tank contractor who has reverted
1859	to registered septic tank contractor status to reapply for
1860	master septic tank contractor status.
1861	(5)  The department shall deny an application for renewal
1862	if there is any outstanding administrative penalty with the
1863	department when the penalty is final agency action and all
1864	judicial reviews are exhausted.
1865	Section 49.  Section 784.081, Florida Statutes, is amended
1866	to read:
1867	784.081  Assault or battery on specified officials or
1868	employees; reclassification of offenses.--Whenever a person is
1869	charged with committing an assault or aggravated assault or a
1870	battery or aggravated battery upon any elected official or
1871	employee of: a school district; a private school; the Florida
1872	School for the Deaf and the Blind; a university developmental
1873	research school; a state university or any other entity of the
1874	state system of public education, as defined in s. 1000.04; an
1875	employee or protective investigator of the Department of
1876	Children and Family Services; or an employee of a lead
1877	community-based provider and its direct service contract
1878	providers; or an employee of the Department of Health or its
1879	direct service contract providers, when the person committing
1880	the offense knows or has reason to know the identity or position
1881	or employment of the victim, the offense for which the person is
1882	charged shall be reclassified as follows:
1883	(1)  In the case of aggravated battery, from a felony of
1884	the second degree to a felony of the first degree.
1885	(2)  In the case of aggravated assault, from a felony of
1886	the third degree to a felony of the second degree.
1887	(3)  In the case of battery, from a misdemeanor of the
1888	first degree to a felony of the third degree.
1889	(4)  In the case of assault, from a misdemeanor of the
1890	second degree to a misdemeanor of the first degree.
1891	Section 50.  Subsection (9) of section 381.0098, Florida
1892	Statutes, is repealed:
1893	381.0098  Biomedical waste.--
1894	(9)  TRANSITION.--
1895	(a)  Nothing in this act is intended to repeal or modify
1896	any existing rules of the Department of Environmental Protection
1897	relating to biomedical waste unless such rule or part thereof is
1898	in direct conflict with this act. Rules of the Department of
1899	Environmental Protection relating to transport, storage, or
1900	treatment of biomedical waste existing on the effective date of
1901	this act shall remain in effect and be enforceable by the
1902	department until comparable rules are adopted by the department,
1903	and no judicial or administrative proceeding pending on the
1904	effective date of this act shall be abated as a result of the
1905	provisions of this act.
1906	(b)  Any person operating or in the process of constructing
1907	a biomedical storage or treatment facility, or any person
1908	transporting biomedical waste, in accordance with a permit or
1909	registration issued by the Department of Environmental
1910	Protection on the effective date of this act, may continue to
1911	operate under that permit or registration until that permit or
1912	registration expires, or until December 31, 1996, whichever is
1913	later. The department's rules concerning the permitting or
1914	registering of biomedical waste storage facilities, treatment
1915	facilities, and transporters shall be designed to accomplish a
1916	smooth transition between permitting or registration
1917	authorities.
1918	(c)  A permit application which is received after or which
1919	is pending on the effective date of this act, which would have
1920	been considered a renewal application if submitted to the
1921	Department of Environmental Protection, will be considered a
1922	renewal application for purposes of s. 120.60 when submitted to
1923	the department.
1924	(d)  Prior to implementing the change in the regulation of
1925	offsite treatment facilities described in this act, and after
1926	full consultation with affected persons, the department and the
1927	Department of Environmental Protection shall establish an
1928	interagency agreement to streamline the permitting and
1929	inspection of these treatment facilities. The agreement also
1930	shall be designed to avoid any duplicative or overlapping
1931	regulation of these treatment facilities. Such agreement shall
1932	at least provide:
1933	1.  That the Department of Environmental Protection will
1934	continue to accept and act on permit applications for these
1935	facilities;
1936	2.  That the department will review these permit
1937	applications with respect to those matters within its
1938	jurisdiction;
1939	3.  That these permits will be consolidated with other
1940	required Department of Environmental Protection permits, where
1941	possible; and
1942	4.  That any inspections will be consolidated to avoid
1943	duplicate inspections, where possible.
1944	Section 51.  Paragraph (f) of subsection (2) of section
1945	385.103, Florida Statutes, is repealed:
1946	385.103  Community intervention programs.--
1947	(2)  OPERATION OF COMMUNITY INTERVENTION PROGRAMS.--
1948	(f)  The department shall adopt rules governing the
1949	operation of the community intervention programs.
1950	Section 52.  Subsection (5) of section 393.064, Florida
1951	Statutes, is repealed:
1952	393.064  Prevention.--
1953	(5)  The Department of Children and Family Services shall
1954	have the authority, within available resources, to contract for
1955	the supervision and management of the Raymond C. Philips
1956	Research and Education Unit, and such contract shall include
1957	specific program objectives.
1958	Section 53.  Subsection (7) of section 445.033, Florida
1959	Statutes, is repealed:
1960	445.033  Evaluation.--The board of directors of Workforce
1961	Florida, Inc., and the Department of Children and Family
1962	Services shall arrange for evaluation of TANF-funded programs
1963	operated under this chapter, as follows:
1964	(7)  Evaluations described in this section are exempt from
1965	the provisions of s. 381.85.
1966	Section 54.  Sections 381.85, 385.205, and 385.209, Florida
1967	Statutes, are repealed.
1968	Section 55.  This act shall take effect upon becoming a
1969	law.

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