Senate Bill sb2166
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2166
By Senator Peaden
2-1586-04
1 A bill to be entitled
2 An act relating to licensure of an emergency
3 medical department; amending s. 395.003, F.S.;
4 providing that, notwithstanding any right or
5 privilege granted to a licensed hospital, a
6 medical facility located away from the primary
7 premises of a licensed hospital may not be
8 licensed as, or represent itself to the public
9 to be, an emergency department of a licensed
10 hospital; providing an effective date.
11
12 WHEREAS, the regulation of hospitals is a matter of
13 great public importance, and the issuance of a license to
14 operate a hospital is a privilege and not a right, and
15 WHEREAS, it is an important state interest to ensure
16 that an emergency department operated by a licensed hospital
17 is capable of providing the highest quality of emergency
18 services to individuals seeking such care, and
19 WHEREAS, chapter 395, Florida Statutes, authorizes a
20 licensed hospital to establish an emergency department, and
21 WHEREAS, it was never the intent of the Legislature to
22 allow a licensed hospital to operate an emergency department
23 located off premises of the licensed hospital, and
24 WHEREAS, it is not in the public interest to license or
25 operate an emergency department located off premises of a
26 licensed hospital, and
27 WHEREAS, operating an off-premise emergency department
28 will lead to public confusion and to a lowering of the quality
29 of care provided to the public in the emergency department,
30 and
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2166
2-1586-04
1 WHEREAS, it is in the public's interest to prohibit a
2 licensed hospital from operating an emergency department
3 located off premises of the licensed hospital, and
4 WHEREAS, it is in the public's interest to apply this
5 prohibition to all emergency departments operating off
6 premises of a licensed hospital on the effective date of this
7 act, NOW, THEREFORE,
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (1) of section 395.003, Florida
12 Statutes, is amended to read:
13 395.003 Licensure; issuance, renewal, denial,
14 modification, suspension, and revocation.--
15 (1)(a) A No person may not shall establish, conduct,
16 or maintain a hospital, ambulatory surgical center, or mobile
17 surgical facility in this state without first obtaining a
18 license under this part.
19 (b)1. It is unlawful for a any person to use or
20 advertise to the public, in any way or by any medium
21 whatsoever, any facility as a "hospital," "ambulatory surgical
22 center," or "mobile surgical facility" unless the such
23 facility has first secured a license under the provisions of
24 this part.
25 2. Nothing in This part does not apply applies to
26 veterinary hospitals or to commercial business establishments
27 using the word "hospital," "ambulatory surgical center," or
28 "mobile surgical facility" as a part of a trade name if no
29 treatment of human beings is performed on the premises of the
30 such establishments.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2166
2-1586-04
1 3. Notwithstanding any right or privilege granted by a
2 license issued under this part, a medical facility located
3 away from the primary premises of a licensed hospital may not
4 be licensed as, or represent itself to the public to be, an
5 emergency department of a licensed hospital.
6 Section 2. This act shall take effect upon becoming a
7 law.
8
9 *****************************************
10 SENATE SUMMARY
11 Provides that a medical facility located away from the
primary premises of a licensed hospital may not be
12 licensed as, or represent itself to the public to be, an
emergency department of a licensed hospital.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.