HB 0913

1	A bill to be entitled
2	An act relating to public health care; amending s.
3	381.0012, F.S.; expanding the environmental health
4	enforcement authority of the Department of Health;
5	authorizing the department to issue citations or order
6	payment of fines; providing requirements and limitations;
7	providing a criminal penalty; providing for deposit and
8	use of fines; amending s. 381.004, F.S.; providing
9	additional criteria for release of HIV preliminary test
10	results; amending s. 381.006, F.S.; establishing
11	permitting procedures for group care facilities; providing
12	requirements and limitations; providing for fees;
13	providing fee limitations; providing authority to the
14	department to take adverse action on permits under certain
15	circumstances; amending s. 381.0065, F.S.; modifying
16	standards for rulemaking applicable to regulation of
17	onsite sewage treatment and disposal systems; revising
18	research award qualifications; providing for an extended
19	right of entry; amending s. 381.0101, F.S.; revising
20	definitions; revising environmental health professional
21	certification requirements; clarifying exemptions;
22	creating s. 381.104, F.S.; creating an employee health and
23	wellness program; providing requirements; authorizing
24	state agencies to undertake certain activities relating to
25	agency resources for program purposes; requiring each
26	participating agency to make an annual report; providing
27	duties of the department; amending s. 384.25, F.S.;
28	revising reporting requirements for sexually transmissible
29	diseases; authorizing the department to adopt rules;
30	amending s. 384.31, F.S.; revising sexually transmissible
31	disease testing requirements for pregnant women; providing
32	notice requirements; creating s. 385.104, F.S.;
33	establishing the Health Promotion and Health Education
34	Statewide Initiative for certain purposes; providing
35	requirements; authorizing the department to award funding
36	to county health departments for certain purposes;
37	providing funding requirements; providing participation
38	requirements for county health departments; creating s.
39	458.3215, F.S.; providing for reactivation of licenses of
40	certain physicians for certain limited purposes; providing
41	for a reactivation fee; amending s. 945.601, F.S.;
42	revising a cross reference, to conform; creating s.
43	945.6038, F.S.; authorizing the State of Florida
44	Correctional Medical Authority to enter into agreements
45	with other state agencies to provide additional medical
46	services; providing a limitation; providing an effective
47	date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Subsections (6) and (7) are added to section
52	381.0012, Florida Statutes, to read:
53	381.0012  Enforcement authority.--
54	(6)  When a violation of s. 386.01, s. 386.041, or
55	environmental health rules adopted under this chapter occurs,
56	and such violation is enforceable by administrative or civil
57	remedy or is a second degree misdemeanor, the department may
58	issue a citation that contains an order of correction, an order
59	to pay a fine, or both. A citation issued under this subsection
60	constitutes a notice of proposed agency action.
61	(a)  Citations must be in writing and must describe the
62	particular nature of the violation, including specific reference
63	to the provision of statute or rule allegedly violated.
64	(b)  The fines imposed may not exceed $500 for each
65	violation. Each day constitutes a separate violation for which a
66	citation may be issued.
67	(c)  The citing official shall inform the recipient, by
68	written notice pursuant to ss. 120.569 and 120.57, of the right
69	to an administrative hearing. The citation must contain a
70	conspicuous statement that failure to pay the fine within the
71	allotted time, or failure to appear to contest the citation
72	after having requested a hearing, constitutes a waiver of the
73	right to contest the citation.
74	(d)  The department may reduce or waive the fine imposed by
75	the citation after giving due consideration to such factors as
76	the gravity of the violation, the good faith of the person who
77	has allegedly committed the violation, and the person's history
78	of previous violations, including violations for which
79	enforcement actions were taken under this section or other
80	provisions of law.
81	(e)  Any person who willfully refuses to sign and accept a
82	citation issued by the department commits a misdemeanor of the
83	second degree, punishable as provided in s. 775.082 or s.
84	775.083.
85	(f)  The department shall deposit all fines collected under
86	the authority of this subsection in the County Health Department
87	Trust Fund for use in the environmental health program under
88	which the fine was issued and shall use such fines to improve
89	the respective programs or to provide training to the regulated
90	industry and department staff working in such programs.
91	(g)  The provisions of this subsection are an alternative
92	means of enforcing environmental health requirements which does
93	not prohibit the department from using other means of
94	enforcement. However, the department shall use only one method
95	of enforcement for a single violation.
96	(7)  The department may use positive means of enforcement
97	to ensure compliance with environmental health requirements
98	specified in this chapter, ss. 386.01 and 386.041, or
99	environmental health rules adopted under the authority of this
100	chapter. Such means of enforcement may include requiring
101	attendance at training courses applicable to the violations
102	committed and requiring the use of best management practices
103	currently used or recognized by the appropriate regulated
104	industry or governmental agency.
105	Section 2.  Paragraph (d) of subsection (3) of section
106	381.004, Florida Statutes, is amended to read:
107	381.004  HIV testing.--
108	(3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
109	CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
110	(d)  No test result shall be determined as positive, and no
111	positive test result shall be revealed to any person, without
112	corroborating or confirmatory tests being conducted except in
113	the following situations:
114	1.  Preliminary test results may be released to licensed
115	physicians or the medical or nonmedical personnel subject to the
116	significant exposure for purposes of subparagraphs (h)10., 11.,
117	and 12.
118	2.  Preliminary test results may be released to health care
119	providers and to the person tested when decisions about medical
120	care or treatment of, or recommendation to, the person tested
121	and, in the case of an intrapartum or postpartum woman, when
122	care, treatment, or recommendations regarding her newborn,
123	cannot await the results of confirmatory testing. Positive
124	preliminary HIV test results shall not be characterized to the
125	patient as a diagnosis of HIV infection. Justification for the
126	use of preliminary test results must be documented in the
127	medical record by the health care provider who ordered the test.
128	This subparagraph does not authorize the release of preliminary
129	test results for the purpose of routine identification of HIV-
130	infected individuals or when HIV testing is incidental to the
131	preliminary diagnosis or care of a patient. Corroborating or
132	confirmatory testing must be conducted as followup to a positive
133	preliminary test. Results shall be communicated to the patient
134	according to statute regardless of the outcome. Except as
135	provided in this section, test results are confidential and
136	exempt from the provisions of s. 119.07(1).
137	3.  Positive rapid test results are considered preliminary
138	and may be released in accordance with the manufacturer's
139	instructions as approved by the United States Food and Drug
140	Administration. Positive rapid test results require confirmatory
141	testing for diagnosis and reporting of HIV infection.
142	Section 3.  Subsection (16) of section 381.006, Florida
143	Statutes, is amended to read:
144	381.006  Environmental health.--The department shall
145	conduct an environmental health program as part of fulfilling
146	the state's public health mission. The purpose of this program
147	is to detect and prevent disease caused by natural and manmade
148	factors in the environment. The environmental health program
149	shall include, but not be limited to:
150	(16)  A group care facilities group-care-facilities
151	function, where a group care group-care facility means any
152	public or private school, housing, building or buildings,
153	section of a building, or distinct part of a building or other
154	place, whether operated for profit or not, which undertakes,
155	through its ownership or management, to provide one or more
156	personal services, care, protection, and supervision to persons
157	who require such services and who are not related to the owner
158	or administrator. The department may adopt rules necessary to
159	protect the health and safety of residents, staff, and patrons
160	of group care group-care facilities, such as child care
161	facilities, family day care day-care homes, assisted living
162	assisted-living facilities, adult day care day-care centers,
163	adult family-care homes, hospices, residential treatment
164	facilities, crisis stabilization crisis-stabilization units,
165	pediatric extended care extended-care centers, intermediate care
166	intermediate-care facilities for the developmentally disabled,
167	group care group-care homes, and, jointly with the Department of
168	Education, private and public schools. These rules may include
169	definitions of terms; provisions relating to operation and
170	maintenance of facilities, buildings, grounds, equipment,
171	furnishings, and occupant-space requirements; lighting; heating,
172	cooling, and ventilation; food service; water supply and
173	plumbing; sewage; sanitary facilities; insect and rodent
174	control; garbage; safety; personnel health, hygiene, and work
175	practices; permits and fees; and other matters the department
176	finds are appropriate or necessary to protect the safety and
177	health of the residents, staff, or patrons. The department may
178	not adopt rules that conflict with rules adopted by the
179	licensing or certifying agency. The department may enter and
180	inspect at reasonable hours to determine compliance with
181	applicable statutes or rules. In addition to any sanctions that
182	the department may impose for violations of rules adopted under
183	this section, the department shall also report such violations
184	to any agency responsible for licensing or certifying the group
185	care group-care facility. The licensing or certifying agency may
186	also impose any sanction based solely on the findings of the
187	department.
188	(a)  Each group care facility regulated under this section
189	shall obtain a permit from the department annually. Group care
190	facility permits shall expire annually and shall not be
191	transferable from one place or individual to another. An annual
192	application for permit renewal shall not be required. In new
193	facilities, or when the ownership, control, address, or name of
194	a group care facility is changed, the owner, or the owner's
195	designee, shall apply to the department for issuance of a permit
196	in the manner prescribed by the department.
197	(b)  The department shall establish procedures for the
198	issuance and annual renewal of permits and shall establish
199	annual permit and renewal fees by rule in an amount necessary to
200	cover the expenses of administering this section. Effective
201	October 1, 2004, and until such fees are established by rule,
202	the annual permit fee shall be as follows:
203	1.  Nonresidential facilities, including, but not limited
204	to, child care centers, public schools, and private schools,
205	shall pay an annual fee based on a rate of $3.50 per student for
206	the maximum authorized capacity. The total permit fee shall not
207	be less than $110 nor more than $300.
208	2.  Residential facilities, including, but not limited to,
209	assisted living facilities, group homes, residential treatment
210	facilities, and other residential facilities, shall pay an
211	annual fee based on a rate of $15.50 per bed for the maximum
212	authorized capacity. The total permit fee shall not be less than
213	$110 nor more than $600, except for foster homes and adult
214	family care homes, which shall pay a flat fee of $60.
215	(c)  The annual permit and renewal fees established and
216	adopted by rule shall not be less than $60 nor more than $600
217	per group care facility.
218	(d)  Permit fees shall be prorated quarterly to reflect the
219	actual number of quarters per calendar year the permit is valid.
220	(e)  The department may refuse to issue a permit to or
221	renew a permit for any facility that is not constructed or
222	maintained in accordance with the rules of the department. The
223	department may cancel, revoke, or suspend a permit to operate a
224	group care facility if the permittee:
225	1.  Fails to pay any fee required by this section;
226	2.  Obtains or attempts to obtain a permit by fraud; or
227	3.  Violates a provision of this section.
228
229	The department may adopt rules to carry out the provisions of
230	this section.
231	Section 4.  Paragraphs (a) and (j) of subsection (3) of
232	section 381.0065, Florida Statutes, are amended, and paragraph
233	(c) is added to subsection (5) of said section, to read:
234	381.0065  Onsite sewage treatment and disposal systems;
235	regulation.--
236	(3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
237	department shall:
238	(a)  Adopt rules to administer ss. 381.0065-381.0067,
239	including definitions that are consistent with the definitions
240	in this section, decreases to setback requirements where no
241	health hazard exists, increases for the lot-flow allowance for
242	performance-based systems, requirements for separation from
243	water table elevation during the wettest season, requirements
244	for the design and construction of any component part of an
245	onsite sewage treatment and disposal system, application and
246	permit requirements for persons who maintain an onsite sewage
247	treatment and disposal system, requirements for maintenance and
248	service agreements for aerobic treatment units and performance-
249	based treatment systems, and recommended standards, including
250	disclosure requirements, for voluntary system inspections to be
251	performed by individuals who are authorized by law to perform
252	such inspections and who shall inform a person having ownership,
253	control, or use of an onsite sewage treatment and disposal
254	system of the inspection standards and of that person's
255	authority to request an inspection based on all or part of the
256	standards, and requirements for implementation of the United
257	States Environmental Protection Agency's voluntary national
258	guidelines for management of onsite and clustered or
259	decentralized wastewater treatment systems.
260	(j)  Supervise research on, demonstration of, and training
261	on the performance, environmental impact, and public health
262	impact of onsite sewage treatment and disposal systems within
263	this state. Research fees collected under s. 381.0066(2)(k) must
264	be used to develop and fund hands-on training centers designed
265	to provide practical information about onsite sewage treatment
266	and disposal systems to septic tank contractors, master septic
267	tank contractors, contractors, inspectors, engineers, and the
268	public and must also be used to fund research projects which
269	focus on improvements of onsite sewage treatment and disposal
270	systems, including use of performance-based standards and
271	reduction of environmental impact. Research projects shall be
272	initially approved by the technical advisory panel and shall be
273	applicable to and reflect the soil conditions specific to
274	Florida. Such projects shall be awarded through competitive
275	negotiation, using the procedures provided in s. 287.055, to
276	public or private entities that have experience in onsite sewage
277	treatment and disposal systems in Florida and that are
278	principally located in Florida. Research projects shall not be
279	awarded to firms or entities that employ or are associated with
280	persons who serve on either the technical advisory panel or the
281	research review and advisory committee.
282	(5)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
283	(c)  Department personnel may enter the premises of others
284	when necessary to conduct site evaluations and inspections
285	relating to the permitting of onsite sewage treatment and
286	disposal systems. Such entry does not constitute trespass, and
287	department personnel making such entry are not subject to arrest
288	or to a civil action by reason of such entry. This paragraph
289	does not authorize a department employee to destroy, injure,
290	damage, or move anything on premises of another without the
291	written permission of the landowner.
292	Section 5.  Subsections (1), (2), (3), and (6) and
293	paragraph (a) of subsection (5) of section 381.0101, Florida
294	Statutes, are amended to read:
295	381.0101  Environmental health professionals.--
296	(1)  LEGISLATIVE INTENT.--Persons responsible for providing
297	technical and scientific evaluations of environmental health and
298	sanitary conditions in business establishments and communities
299	throughout the state may create a danger to the public health if
300	they are not skilled or competent to perform such evaluations.
301	The public relies on the judgment of environmental health
302	professionals employed by both government agencies and private
303	industries to assure them that environmental hazards are
304	identified and removed before they endanger the health or safety
305	of the public. The purpose of this section is to assure the
306	public that persons specifically responsible for performing
307	environmental health and sanitary evaluations have been
308	certified by examination as competent to perform such work.
309	(2)  DEFINITIONS.--As used in this section:
310	(a)  "Accredited" means recognized by the American Council
311	on Education as meeting acceptable levels of quality and
312	performance.
313	(b)(a)  "Board" means the Environmental Health
314	Professionals Advisory Board.
315	(c)(b)  "Department" means the Department of Health.
316	(d)(c)  "Environmental health" means that segment of public
317	health work which deals with the examination of those factors in
318	the human environment which may impact adversely on the health
319	status of an individual or the public.
320	(e)(d)  "Environmental health professional" means a person
321	who is employed or assigned the responsibility for assessing the
322	environmental health or sanitary conditions, as defined by the
323	department, within a building, on an individual's property, or
324	within the community at large, and who has the knowledge,
325	skills, and abilities to carry out these tasks. Environmental
326	health professionals may be either field, supervisory, or
327	administrative staff members.
328	(f)(e)  "Certified" means a person who has displayed
329	competency to perform evaluations of environmental or sanitary
330	conditions through examination.
331	(g)(f)  "Registered sanitarian," "R.S.," "Registered
332	Environmental Health Specialist," or "R.E.H.S." means a person
333	who has been certified by either the National Environmental
334	Health Association or the Florida Environmental Health
335	Association as knowledgeable in the environmental health
336	profession.
337	(h)(g)  "Primary environmental health program" means those
338	programs determined by the department to be essential for
339	providing basic environmental and sanitary protection to the
340	public. These programs shall be established by rule and, at a
341	minimum, these programs shall include food protection program
342	work and onsite sewage treatment and disposal systems program
343	work system evaluations.
344	(3)  CERTIFICATION REQUIRED.--No person shall perform
345	environmental health or sanitary evaluations in any primary
346	program area of environmental health without being certified by
347	the department as competent to perform such evaluations. The
348	requirements of this section shall not be mandatory for persons
349	performing inspections of public or retail food service
350	establishments licensed under chapter 500 or chapter 509.
351	(5)  STANDARDS FOR CERTIFICATION.--The department shall
352	adopt rules that establish definitions of terms and minimum
353	standards of education, training, or experience for those
354	persons subject to this section. The rules must also address the
355	process for application, examination, issuance, expiration, and
356	renewal of certification and ethical standards of practice for
357	the profession.
358	(a)  Persons employed as environmental health professionals
359	shall exhibit a knowledge of rules and principles of
360	environmental and public health law in Florida through
361	examination. A person may not conduct environmental health
362	evaluations in a primary program area unless he or she is
363	currently certified in that program area or works under the
364	direct supervision, during his or her initial probationary
365	period for that position, of a certified environmental health
366	professional.
367	1.  All persons who begin employment in a primary
368	environmental health program on or after September 21, 1994,
369	must be certified in that program within the initial
370	probationary period for that position 6 months after employment.
371	2.  Persons employed in the primary environmental health
372	programs program of a food protection program or an onsite
373	sewage treatment and disposal systems system prior to September
374	21, 1994, shall be considered certified while employed in that
375	position and shall be required to adhere to any professional
376	standards established by the department pursuant to paragraph
377	(b), complete any continuing education requirements imposed
378	under paragraph (d), and pay the certificate renewal fee imposed
379	under subsection (7).
380	3.  Persons employed in the primary environmental health
381	programs program of a food protection program or an onsite
382	sewage treatment and disposal systems system prior to September
383	21, 1994, who change positions or program areas and transfer
384	into another primary environmental health program area on or
385	after September 21, 1994, must be certified by examination in
386	that program within 6 months after such transfer, except that
387	they will not be required to possess the college degree required
388	under paragraph (e).
389	4.  Registered sanitarians shall be considered certified
390	and shall be required to adhere to any professional standards
391	established by the department pursuant to paragraph (b).
392	(6)  EXEMPTIONS.--A person who conducts primary
393	environmental evaluation activities and maintains a current
394	registration or certification from another state agency which
395	examined the person's knowledge of the primary program area and
396	requires comparable continuing education to maintain the
397	certificate shall not be required to be certified by this
398	section. Examples of persons not subject to certification are
399	physicians, registered dietitians, certified laboratory
400	personnel, and nurses.
401	Section 6.  Section 381.104, Florida Statutes, is created
402	to read:
403	381.104  Employee health and wellness program.--
404	(1)  Each state agency may allocate, from existing
405	resources, the necessary funding and facilities for the
406	development and maintenance of an employee health and wellness
407	program and may seek additional funding from other sources to
408	support the program for the benefit of the agency's employees.
409	(2)  Each state agency may dedicate resources to develop
410	and coordinate an employee health and wellness program or
411	arrange to cooperate with other agencies within such agency's
412	geographic proximity for program coordination, including
413	providers of state employee benefits.
414	(3)  Each state agency electing to participate shall
415	establish an employee health and wellness coordinator and
416	advisory committee to guide the development of an operational
417	plan, including the collection of data and development of goals
418	and objectives, and to oversee program evaluation and use of any
419	agency-allocated funds.
420	(4)  Each state agency may conduct and dedicate resources
421	toward an employee needs assessment to ascertain the health-and-
422	wellness-related needs of its employees.
423	(5)  Each state agency may establish policies that allow
424	employees no more than 30 minutes of work time three times each
425	week, as individual workload allows, to use for the purpose of
426	engaging in health and wellness activities which may include
427	physical activity, stress reduction, tobacco cessation, personal
428	training, nutrition counseling, or weight reduction and control.
429	Such 30-minute periods may be used to modify the start or end of
430	the workday or to extend the lunch hour.
431	(6)  Each state agency shall use an employee health and
432	wellness activity agreement form, developed by the Department of
433	Health, to be completed by the employee, signed by both the
434	employee and the employee's immediate supervisor, and kept in
435	the employee's personnel file prior to the employee's
436	participation in any activity. It is the responsibility of the
437	employee to complete the form and submit it to the personnel
438	office. Any change to the employee's activities requires
439	submission of a revised form. An employee found to be in
440	violation of the submitted agreement form is not allowed further
441	participation in the program.
442	(7)  Each state agency may designate up to 1 hour each
443	month for the purpose of providing inservice health and wellness
444	training for its employees.
445	(8)  Each state agency may use electronic mail and other
446	communication systems to promote the agency's employee health
447	and wellness activities.
448	(9)  Each state agency may, and is encouraged to:
449	(a)  Enter into an agreement or contract with other public
450	or private entities to collaborate or participate jointly in
451	health or wellness education or activity programs.
452	(b)  Implement health education activities that focus on
453	skill development and lifestyle behavior change along with
454	information dissemination and awareness building, preferably
455	tailored to the employees' interests and needs.
456	(c)  Review and offer recommendations to agency leadership
457	on environmental and social support policies that pertain to
458	improving the health of employees.
459	(d)  Link the employee health and wellness program to other
460	programs such as the employee assistance program and other
461	related programs to help employees balance work and family.
462	(e)  Offer free, low-cost, or employee-fee-based programs
463	on site, including the designation of rooms for the express
464	purpose of physical activity, nutrition, stress reduction, and
465	weight control activities. Participating agencies with
466	established employee health and wellness programs may purchase
467	exercise equipment to be used in the room designated for this
468	purpose.
469	(10)  Each state agency that develops and implements an
470	employee health and wellness program shall include and document
471	an evaluation and improvement process in an annual report to
472	help enhance the program's efficiency and effectiveness. The
473	annual report shall be submitted to the Department of Health on
474	July 1 of each year. Agencies shall use an annual report
475	template provided by the Department of Health to ensure
476	consistency in the presentation of data and other evaluation
477	results.
478	(11)  The Department of Health shall provide employee
479	health and wellness model program guidelines and ongoing
480	technical assistance to other state agencies to assist in the
481	development of each agency's employee health and wellness
482	program.
483	Section 7.  Section 384.25, Florida Statutes, is amended to
484	read:
485	384.25  Reporting required.--
486	(1)  Each person who makes a diagnosis of or treats a
487	person with a sexually transmissible disease, including, but not
488	limited to, HIV and AIDS, and each laboratory that performs a
489	test for a sexually transmissible disease, including, but not
490	limited to, HIV, which concludes with a positive result shall
491	report such facts as may be required by the department by rule,
492	within a time period as specified by rule of the department, but
493	in no case to exceed 2 weeks.
494	(a)(2)  The department shall adopt rules specifying the
495	information required in and a maximum minimum time period for
496	reporting a sexually transmissible disease, including, but not
497	limited to, HIV and AIDS. In adopting such rules, the department
498	shall consider the need for information, protections for the
499	privacy and confidentiality of the patient, and the practical
500	ability of persons and laboratories to report in a reasonable
501	fashion. To ensure the confidentiality of persons infected with
502	HIV the human immunodeficiency virus (HIV), reporting of HIV
503	infection and AIDS acquired immune deficiency syndrome (AIDS)
504	must be conducted using a system the HIV/AIDS Reporting System
505	(HARS) developed by the Centers for Disease Control and
506	Prevention of the United States Public Health Service or an
507	equivalent system.
508	(3)  The department shall require reporting of physician
509	diagnosed cases of AIDS based upon diagnostic criteria from the
510	Centers for Disease Control and Prevention.
511	(b)(4)  The department may require physician and laboratory
512	reporting of HIV infection. However, only reports of HIV
513	infection identified on or after the effective date of the rule
514	developed by the department pursuant to this subsection shall be
515	accepted. The Reporting may not affect or relate to anonymous
516	HIV testing programs conducted pursuant to s. 381.004(4) or to
517	university-based medical research protocols as determined by the
518	department.
519	(2)(5)  After notification of the test subject under
520	subsection (4), the department may, with the consent of the test
521	subject, notify school superintendents of students and school
522	personnel whose HIV tests are positive.
523	(3)  The department shall adopt rules requiring each
524	physician and laboratory to report any newborn or infant up to
525	18 months of age who has been exposed to HIV. The rules may
526	include the method and time period for reporting, information to
527	be included in the report, requirements for enforcement, and
528	followup activities by the department.
529	(4)(6)  The department shall by February 1 of each year
530	submit to the Legislature an annual report relating to all
531	information obtained pursuant to this section.
532	(5)(7)  Each person who violates the provisions of this
533	section or the rules adopted hereunder may be fined by the
534	department up to $500 for each offense. The department shall
535	report each violation of this section to the regulatory agency
536	responsible for licensing each health care professional and each
537	laboratory to which these provisions apply.
538	Section 8.  Section 384.31, Florida Statutes, is amended to
539	read:
540	384.31  Serological Testing of pregnant women; duty of the
541	attendant.--
542	(1)  Every person, including every physician licensed under
543	chapter 458 or chapter 459 or midwife licensed under part I of
544	chapter 464 or chapter 467, attending a pregnant woman for
545	conditions relating to pregnancy during the period of gestation
546	and delivery shall take or cause the woman to be tested for
547	sexually transmissible diseases, including, but not limited to,
548	HIV, as required by rule of the department, notwithstanding s.
549	381.004(3)(a), taken a sample of venous blood at a time or times
550	specified by the department. The tests Each sample of blood
551	shall be performed tested by a laboratory approved for such
552	purposes under part I of chapter 483 for sexually transmissible
553	diseases as required by rule of the department. Pregnant women
554	shall be notified of the tests that will be conducted and of
555	their right to refuse testing. If a woman objects to testing, a
556	written statement of objection, signed by the patient, shall be
557	placed in the patient's medical record and no testing shall
558	occur.
559	(2)  At the time the venous blood sample is taken, testing
560	for human immunodeficiency virus (HIV) infection shall be
561	offered to each pregnant woman. The prevailing professional
562	standard of care in this state requires each health care
563	provider and midwife who attends a pregnant woman to counsel the
564	woman to be tested for human immunodeficiency virus (HIV).
565	Counseling shall include a discussion of the availability of
566	treatment if the pregnant woman tests HIV positive. If a
567	pregnant woman objects to HIV testing, reasonable steps shall be
568	taken to obtain a written statement of such objection, signed by
569	the patient, which shall be placed in the patient's medical
570	record. Every person, including every physician licensed under
571	chapter 458 or chapter 459 or midwife licensed under part I of
572	chapter 464 or chapter 467, who attends a pregnant woman who has
573	been offered and objects to HIV testing shall be immune from
574	liability arising out of or related to the contracting of HIV
575	infection or acquired immune deficiency syndrome (AIDS) by the
576	child from the mother.
577	Section 9.  Section 385.104, Florida Statutes, is created
578	to read:
579	385.104  Health Promotion and Health Education Statewide
580	Initiative.--
581	(1)  The Department of Health shall establish the Health
582	Promotion and Health Education Statewide Initiative to provide a
583	comprehensive and community-based health promotion and education
584	program. The program is designed to provide funding to counties
585	in this state to improve individual and community health, aimed
586	specifically at preventing and reducing the impact of chronic
587	diseases and promoting healthy lifestyles.
588	(2)  The program's targeted diseases include, but are not
589	limited to, diabetes, heart disease, stroke, asthma, and cancer,
590	with a focus on the preventable risk factors of tobacco use,
591	physical inactivity, and poor nutrition.
592	(3)  The implementation of these activities shall be
593	coordinated with and linked to existing state plans and national
594	priorities, focusing on evidence-based programs and population-
595	based efforts that specifically address social and environmental
596	policy strategies.
597	(4)  Subject to the availability of funds, the Department
598	of Health may award funding to county health departments for
599	purposes of improving individual and community health by
600	expanding and improving the health infrastructure through
601	environmental and policy changes aimed specifically at
602	preventing and reducing the impact of chronic diseases and
603	promoting healthy lifestyles.
604	(5)  To be eligible to receive funding under this section,
605	a county health department shall submit an application to the
606	secretary of the Department of Health containing information as
607	required, including:
608	(a)  A description of the proposed activities and how they
609	promote tobacco cessation, healthy eating, or physical fitness
610	and address the health and social consequences to residents of
611	this state that have chronic diseases.
612	(b)  Information describing how health promotion and
613	education activities are to be coordinated at the local level
614	with other health activities conducted by other education,
615	health, and agricultural agencies.
616	(c)  Information describing how local health promotion and
617	education activities reflect state and national objectives for
618	health.
619	(d)  A description of the collaborative process that the
620	county health department employed in the development of the
621	health promotion and education program, including consultations
622	with individuals and organizations with expertise in promoting
623	public health, nutrition, or physical activity.
624	(e)  A description of how the county health department will
625	evaluate the effectiveness of its program.
626	(6)  Subject to the availability of funds, a county health
627	department receiving funds under this section shall, pending
628	successful implementation or evaluation as determined by
629	department headquarters staff, conduct the project for at least
630	a period of 3 consecutive years.
631	(7)  A county health department that receives funds under
632	this section may use the funds to carry out one or more of the
633	following activities:
634	(a)  Collect, analyze, and disseminate data related to
635	diabetes, heart disease, stroke, asthma, and cancer, with a
636	focus on the preventable risk factors of tobacco use, physical
637	inactivity, and poor nutrition.
638	(b)  Develop and implement activities to create a
639	comprehensive, coordinated nutrition and physical fitness
640	awareness and chronic disease prevention program.
641	(c)  Develop and implement programs in schools and
642	worksites to increase physical fitness and to enhance the
643	nutritional status of residents of this state.
644	(d)  Develop and implement policy and environmental changes
645	related to the cessation of tobacco, healthful nutrition, and
646	physical education.
647	(e)  Collaborate with community-based organizations,
648	volunteer organizations, state medical associations, and public
649	health groups to develop and implement health education and
650	promotion activities.
651	(f)  Collaborate with public and private organizations that
652	have a mission to increase public awareness of the importance of
653	a balanced diet and an active lifestyle.
654	Section 10.  Section 458.3215, Florida Statutes, is created
655	to read:
656	458.3215  Reactivation of license for clinical research
657	purposes.--
658	(1)  Any person who left the practice of medicine for
659	purposes of retirement and who, at the time of retirement, was
660	in good standing with the board may apply to have his or her
661	license reactivated, without examination, for purposes of seeing
662	patients solely in a clinical research setting. Such person must
663	not have been out of the practice of medicine for more than 10
664	years at the time of application under this section.
665	(2)  The board shall by rule set the reactivation fee, not
666	to exceed $300, and develop criteria for reactivation of a
667	license under this section, including appropriate continuing
668	education requirements, not to exceed those prescribed in s.
669	458.321 for reactivation of a license.
670	Section 11.  Section 945.601, Florida Statutes, is amended
671	to read:
672	945.601  Correctional Medical Authority; ss. 945.601-
673	945.6038; 945.601-945.6035, definitions.--As used in this act:
674	(1)  "Authority" means the State of Florida Correctional
675	Medical Authority created in this act.
676	(2)  "Health care provider" means:
677	(a)  A regional research hospital or research center which
678	is authorized by law to provide hospital services in accordance
679	with chapter 395, which has a contractual or operating
680	arrangement with a regional school of medicine, and which is
681	located at that regional school of medicine;
682	(b)  Any entity which has agreed to provide hospital
683	services to inmates in the Department of Corrections; or
684	(c)  Any entity licensed to provide hospital services in
685	accordance with chapter 395.
686	(3)  "Project" means any structure, facility, machinery,
687	equipment, or other property suitable for use by a health
688	facility in connection with its operations or proposed
689	operations, including, without limitation, real property
690	therefor; a clinic, computer facility, dining hall, firefighting
691	facility, fire prevention facility, long-term care facility,
692	hospital, interns' residence, laboratory, laundry, maintenance
693	facility, nurses' residence, office, parking area, pharmacy,
694	recreational facility, research facility, storage facility,
695	utility, or X-ray facility, or any combination of the foregoing;
696	and other structure or facility related thereto or required or
697	useful for health care purposes, the conducting of research, or
698	the operation of a health facility, including a facility or
699	structure essential or convenient for the orderly conduct of the
700	health facility and other similar items necessary or convenient
701	for the operation of a particular facility or structure in the
702	manner for which its use is intended. "Project" does not include
703	such items as fuel, supplies, or other items which are
704	customarily deemed to result in a current operating charge.
705	(4)  "Quality management program" means to monitor and
706	evaluate inmate health care and includes the following
707	objectives:
708	(a)  Assuring that all inmates receive appropriate and
709	timely services in a safe environment.
710	(b)  Assuring systematic monitoring of the treatment
711	environment.
712	(c)  Assisting in the reduction of professional and general
713	liability risks.
714	(d)  Enhancing efficient utilization of resources.
715	(e)  Assisting in credential review and privilege
716	delineation.
717	(f)  Enhancing the identification of continuing educational
718	needs.
719	(g)  Facilitating the identification of strengths,
720	weaknesses, and opportunities for improvement.
721	(h)  Facilitating the coordination and integration of
722	information systems.
723	(i)  Assuring the resolution of identified problems.
724	(5)  "Real property" includes all lands, including
725	buildings, structures, improvements, and fixtures thereon; any
726	property of any nature appurtenant thereto or used in connection
727	therewith; and every estate, interest, and right, legal or
728	equitable, therein, including any such interest for a term of
729	years.
730	Section 12.  Section 945.6038, Florida Statutes, is created
731	to read:
732	945.6038  Additional services.--The authority is authorized
733	to enter into an agreement or may contract with the Department
734	of Children and Family Services, subject to the availability of
735	funding, to conduct surveys of medical services and to provide
736	medical quality assurance and improvement assistance at secure
737	confinement and treatment facilities for persons confined under
738	part V of chapter 394. The authority may enter into similar
739	agreements with other state agencies, subject to the
740	availability of funds. The authority may not enter into any such
741	agreement if doing so would impair the authority's ability to
742	fulfill its obligations with regard to the Department of
743	Corrections as set forth in this chapter.
744	Section 13.  This act shall take effect upon becoming a
745	law.

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