| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public health care; creating s. |
| 7 | 110.175, F.S.; creating an employee health and wellness |
| 8 | program; providing requirements; authorizing state |
| 9 | agencies to undertake certain activities relating to |
| 10 | agency resources for program purposes; requiring each |
| 11 | participating agency to make an annual report; providing |
| 12 | duties of the department; amending s. 381.0012, F.S.; |
| 13 | expanding the environmental health enforcement authority |
| 14 | of the Department of Health; authorizing the department to |
| 15 | issue citations or order payment of fines; providing |
| 16 | requirements and limitations; providing a criminal |
| 17 | penalty; providing for deposit and use of fines; amending |
| 18 | s. 381.004, F.S.; providing additional criteria for |
| 19 | release of HIV preliminary test results; amending s. |
| 20 | 381.0065, F.S.; modifying standards for rulemaking |
| 21 | applicable to regulation of onsite sewage treatment and |
| 22 | disposal systems; revising research award qualifications; |
| 23 | providing for an extended right of entry; amending s. |
| 24 | 381.0101, F.S.; revising definitions; revising |
| 25 | environmental health professional certification |
| 26 | requirements; clarifying exemptions; amending s. 384.25, |
| 27 | F.S.; revising reporting requirements for sexually |
| 28 | transmissible diseases; authorizing the department to |
| 29 | adopt rules; amending s. 384.31, F.S.; revising sexually |
| 30 | transmissible disease testing requirements for pregnant |
| 31 | women; providing notice requirements; creating s. 385.104, |
| 32 | F.S.; establishing the Health Promotion and Health |
| 33 | Education Statewide Initiative for certain purposes; |
| 34 | providing requirements; authorizing the department to |
| 35 | award funding to county health departments for certain |
| 36 | purposes; providing funding requirements; providing |
| 37 | participation requirements for county health departments; |
| 38 | creating s. 458.3215, F.S.; providing for reactivation of |
| 39 | licenses of certain physicians for certain limited |
| 40 | purposes; providing for a reactivation fee; amending s. |
| 41 | 945.601, F.S.; revising a cross reference, to conform; |
| 42 | creating s. 945.6038, F.S.; authorizing the State of |
| 43 | Florida Correctional Medical Authority to enter into |
| 44 | agreements with other state agencies to provide additional |
| 45 | medical services; providing a limitation; providing |
| 46 | effective dates. |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Effective July 1, 2004, section 110.175, |
| 51 | Florida Statutes, is created to read: |
| 52 | 110.175 Employee health and wellness program.-- |
| 53 | (1) Each state agency may allocate, from existing |
| 54 | resources, the necessary funding and facilities for the |
| 55 | development and maintenance of an employee health and wellness |
| 56 | program and may seek additional funding from other sources to |
| 57 | support the program for the benefit of the agency's employees. |
| 58 | (2) Each state agency may dedicate resources to develop |
| 59 | and coordinate an employee health and wellness program or |
| 60 | arrange to cooperate with other agencies within such agency's |
| 61 | geographic proximity for program coordination, including |
| 62 | providers of state employee benefits. |
| 63 | (3) Each state agency electing to participate shall |
| 64 | establish an employee health and wellness coordinator and |
| 65 | advisory committee to guide the development of an operational |
| 66 | plan, including the collection of data and development of goals |
| 67 | and objectives, and to oversee program evaluation and use of any |
| 68 | agency-allocated funds. |
| 69 | (4) Each state agency may conduct and dedicate resources |
| 70 | toward an employee needs assessment to ascertain the health-and- |
| 71 | wellness-related needs of its employees. |
| 72 | (5) Each state agency may establish policies that allow |
| 73 | employees no more than 30 minutes of work time three times each |
| 74 | week, as individual workload allows, to use for the purpose of |
| 75 | engaging in health and wellness activities which may include |
| 76 | physical activity, stress reduction, tobacco cessation, personal |
| 77 | training, nutrition counseling, or weight reduction and control. |
| 78 | Such 30-minute periods may be used to modify the start or end of |
| 79 | the workday or to extend the lunch hour. |
| 80 | (6) Each state agency shall use an employee health and |
| 81 | wellness activity agreement form, developed by the Department of |
| 82 | Health, to be completed by the employee, signed by both the |
| 83 | employee and the employee's immediate supervisor, and kept in |
| 84 | the employee's personnel file prior to the employee's |
| 85 | participation in any activity. It is the responsibility of the |
| 86 | employee to complete the form and submit it to the personnel |
| 87 | office. Any change to the employee's activities requires |
| 88 | submission of a revised form. An employee found to be in |
| 89 | violation of the submitted agreement form is not allowed further |
| 90 | participation in the program. |
| 91 | (7) Each state agency may designate up to 1 hour each |
| 92 | month for the purpose of providing inservice health and wellness |
| 93 | training for its employees. |
| 94 | (8) Each state agency may use electronic mail and other |
| 95 | communication systems to promote the agency's employee health |
| 96 | and wellness activities. |
| 97 | (9) Each state agency may, and is encouraged to: |
| 98 | (a) Enter into an agreement or contract with other public |
| 99 | or private entities to collaborate or participate jointly in |
| 100 | health or wellness education or activity programs. |
| 101 | (b) Implement health education activities that focus on |
| 102 | skill development and lifestyle behavior change along with |
| 103 | information dissemination and awareness building, preferably |
| 104 | tailored to the employees' interests and needs. |
| 105 | (c) Review and offer recommendations to agency leadership |
| 106 | on environmental and social support policies that pertain to |
| 107 | improving the health of employees. |
| 108 | (d) Link the employee health and wellness program to other |
| 109 | programs such as the employee assistance program and other |
| 110 | related programs to help employees balance work and family. |
| 111 | (e) Offer free, low-cost, or employee-fee-based programs |
| 112 | on site, including the designation of rooms for the express |
| 113 | purpose of physical activity, nutrition, stress reduction, and |
| 114 | weight control activities. Participating agencies with |
| 115 | established employee health and wellness programs may purchase |
| 116 | exercise equipment to be used in the room designated for this |
| 117 | purpose. |
| 118 | (10) Each state agency that develops and implements an |
| 119 | employee health and wellness program shall include and document |
| 120 | an evaluation and improvement process in an annual report to |
| 121 | help enhance the program's efficiency and effectiveness. The |
| 122 | annual report shall be submitted to the Department of Health on |
| 123 | July 1 of each year. Agencies shall use an annual report |
| 124 | template provided by the Department of Health to ensure |
| 125 | consistency in the presentation of data and other evaluation |
| 126 | results. |
| 127 | (11) The Department of Health shall provide employee |
| 128 | health and wellness model program guidelines and ongoing |
| 129 | technical assistance to other state agencies to assist in the |
| 130 | development of each agency's employee health and wellness |
| 131 | program. |
| 132 | Section 2. Subsections (6) and (7) are added to section |
| 133 | 381.0012, Florida Statutes, to read: |
| 134 | 381.0012 Enforcement authority.-- |
| 135 | (6) When a violation of s. 386.01, s. 386.041, or |
| 136 | environmental health rules adopted under this chapter occurs, |
| 137 | and such violation is enforceable by administrative or civil |
| 138 | remedy or is a second degree misdemeanor, the department may |
| 139 | issue a citation that contains an order of correction, an order |
| 140 | to pay a fine, or both. A citation issued under this subsection |
| 141 | constitutes a notice of proposed agency action. |
| 142 | (a) Citations must be in writing and must describe the |
| 143 | particular nature of the violation, including specific reference |
| 144 | to the provision of statute or rule allegedly violated. |
| 145 | (b) The fines imposed may not exceed $500 for each |
| 146 | violation. Each day constitutes a separate violation for which a |
| 147 | citation may be issued. |
| 148 | (c) The citing official shall inform the recipient, by |
| 149 | written notice pursuant to ss. 120.569 and 120.57, of the right |
| 150 | to an administrative hearing. The citation must contain a |
| 151 | conspicuous statement that failure to pay the fine within the |
| 152 | allotted time, or failure to appear to contest the citation |
| 153 | after having requested a hearing, constitutes a waiver of the |
| 154 | right to contest the citation. |
| 155 | (d) The department may reduce or waive the fine imposed by |
| 156 | the citation after giving due consideration to such factors as |
| 157 | the gravity of the violation, the good faith of the person who |
| 158 | has allegedly committed the violation, and the person's history |
| 159 | of previous violations, including violations for which |
| 160 | enforcement actions were taken under this section or other |
| 161 | provisions of law. |
| 162 | (e) A citation must read, in the space immediately above |
| 163 | the signature line: "Signing this citation is not an admission |
| 164 | of guilt. A refusal to sign this citation is a misdemeanor. You |
| 165 | must be given a copy of this citation." Any person who willfully |
| 166 | refuses to sign and accept a citation issued by the department |
| 167 | commits a misdemeanor of the second degree, punishable as |
| 168 | provided in s. 775.082 or s. 775.083. |
| 169 | (f) The department shall deposit all fines collected under |
| 170 | the authority of this subsection in the County Health Department |
| 171 | Trust Fund for use in the environmental health program under |
| 172 | which the fine was issued and shall use such fines to improve |
| 173 | the respective programs or to provide training to the regulated |
| 174 | industry and department staff working in such programs. |
| 175 | (g) The provisions of this subsection are an alternative |
| 176 | means of enforcing environmental health requirements which does |
| 177 | not prohibit the department from using other means of |
| 178 | enforcement. However, the department shall use only one method |
| 179 | of enforcement for a single violation. |
| 180 | (7) The department may use positive means of enforcement |
| 181 | to ensure compliance with environmental health requirements |
| 182 | specified in this chapter, ss. 386.01 and 386.041, or |
| 183 | environmental health rules adopted under the authority of this |
| 184 | chapter. Such means of enforcement may include requiring |
| 185 | attendance at training courses applicable to the violations |
| 186 | committed and requiring the use of best management practices |
| 187 | currently used or recognized by the appropriate regulated |
| 188 | industry or governmental agency. |
| 189 | Section 3. Paragraph (d) of subsection (3) of section |
| 190 | 381.004, Florida Statutes, is amended to read: |
| 191 | 381.004 HIV testing.-- |
| 192 | (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED |
| 193 | CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.-- |
| 194 | (d) No test result shall be determined as positive, and no |
| 195 | positive test result shall be revealed to any person, without |
| 196 | corroborating or confirmatory tests being conducted except in |
| 197 | the following situations: |
| 198 | 1. Preliminary test results may be released to licensed |
| 199 | physicians or the medical or nonmedical personnel subject to the |
| 200 | significant exposure for purposes of subparagraphs (h)10., 11., |
| 201 | and 12. |
| 202 | 2. Preliminary test results may be released to health care |
| 203 | providers and to the person tested when decisions about medical |
| 204 | care or treatment of, or recommendation to, the person tested |
| 205 | and, in the case of an intrapartum or postpartum woman, when |
| 206 | care, treatment, or recommendations regarding her newborn, |
| 207 | cannot await the results of confirmatory testing. Positive |
| 208 | preliminary HIV test results shall not be characterized to the |
| 209 | patient as a diagnosis of HIV infection. Justification for the |
| 210 | use of preliminary test results must be documented in the |
| 211 | medical record by the health care provider who ordered the test. |
| 212 | This subparagraph does not authorize the release of preliminary |
| 213 | test results for the purpose of routine identification of HIV- |
| 214 | infected individuals or when HIV testing is incidental to the |
| 215 | preliminary diagnosis or care of a patient. Corroborating or |
| 216 | confirmatory testing must be conducted as followup to a positive |
| 217 | preliminary test. Results shall be communicated to the patient |
| 218 | according to statute regardless of the outcome. Except as |
| 219 | provided in this section, test results are confidential and |
| 220 | exempt from the provisions of s. 119.07(1). |
| 221 | 3. Positive rapid test results are considered preliminary |
| 222 | and may be released in accordance with the manufacturer's |
| 223 | instructions as approved by the United States Food and Drug |
| 224 | Administration. Positive rapid test results require confirmatory |
| 225 | testing for diagnosis and reporting of HIV infection. |
| 226 | Section 4. Paragraphs (a) and (j) of subsection (3) of |
| 227 | section 381.0065, Florida Statutes, are amended, and paragraph |
| 228 | (c) is added to subsection (5) of said section, to read: |
| 229 | 381.0065 Onsite sewage treatment and disposal systems; |
| 230 | regulation.-- |
| 231 | (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The |
| 232 | department shall: |
| 233 | (a) Adopt rules to administer ss. 381.0065-381.0067, |
| 234 | including definitions that are consistent with the definitions |
| 235 | in this section, decreases to setback requirements where no |
| 236 | health hazard exists, increases for the lot-flow allowance for |
| 237 | performance-based systems, requirements for separation from |
| 238 | water table elevation during the wettest season, requirements |
| 239 | for the design and construction of any component part of an |
| 240 | onsite sewage treatment and disposal system, application and |
| 241 | permit requirements for persons who maintain an onsite sewage |
| 242 | treatment and disposal system, requirements for maintenance and |
| 243 | service agreements for aerobic treatment units and performance- |
| 244 | based treatment systems, and recommended standards, including |
| 245 | disclosure requirements, for voluntary system inspections to be |
| 246 | performed by individuals who are authorized by law to perform |
| 247 | such inspections and who shall inform a person having ownership, |
| 248 | control, or use of an onsite sewage treatment and disposal |
| 249 | system of the inspection standards and of that person's |
| 250 | authority to request an inspection based on all or part of the |
| 251 | standards, and requirements for implementation of the United |
| 252 | States Environmental Protection Agency's voluntary national |
| 253 | guidelines for management of onsite and clustered or |
| 254 | decentralized wastewater treatment systems. |
| 255 | (j) Supervise research on, demonstration of, and training |
| 256 | on the performance, environmental impact, and public health |
| 257 | impact of onsite sewage treatment and disposal systems within |
| 258 | this state. Research fees collected under s. 381.0066(2)(k) must |
| 259 | be used to develop and fund hands-on training centers designed |
| 260 | to provide practical information about onsite sewage treatment |
| 261 | and disposal systems to septic tank contractors, master septic |
| 262 | tank contractors, contractors, inspectors, engineers, and the |
| 263 | public and must also be used to fund research projects which |
| 264 | focus on improvements of onsite sewage treatment and disposal |
| 265 | systems, including use of performance-based standards and |
| 266 | reduction of environmental impact. Research projects shall be |
| 267 | initially approved by the technical advisory panel and shall be |
| 268 | applicable to and reflect the soil conditions specific to |
| 269 | Florida. Such projects shall be awarded through competitive |
| 270 | negotiation, using the procedures provided in s. 287.055, to |
| 271 | public or private entities that have experience in onsite sewage |
| 272 | treatment and disposal systems in Florida and that are |
| 273 | principally located in Florida. Research projects shall not be |
| 274 | awarded to firms or entities that employ or are associated with |
| 275 | persons who serve on either the technical advisory panel or the |
| 276 | research review and advisory committee. |
| 277 | (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- |
| 278 | (c) Department personnel may enter the premises of others |
| 279 | when necessary to conduct site evaluations and inspections |
| 280 | relating to the permitting of onsite sewage treatment and |
| 281 | disposal systems. Such entry does not constitute trespass, and |
| 282 | department personnel making such entry are not subject to arrest |
| 283 | or to a civil action by reason of such entry. This paragraph |
| 284 | does not authorize a department employee to destroy, injure, |
| 285 | damage, or move anything on premises of another without the |
| 286 | written permission of the landowner. |
| 287 | Section 5. Subsections (1), (2), (3), and (6) and |
| 288 | paragraph (a) of subsection (5) of section 381.0101, Florida |
| 289 | Statutes, are amended to read: |
| 290 | 381.0101 Environmental health professionals.-- |
| 291 | (1) LEGISLATIVE INTENT.--Persons responsible for providing |
| 292 | technical and scientific evaluations of environmental health and |
| 293 | sanitary conditions in business establishments and communities |
| 294 | throughout the state may create a danger to the public health if |
| 295 | they are not skilled or competent to perform such evaluations. |
| 296 | The public relies on the judgment of environmental health |
| 297 | professionals employed by both government agencies and private |
| 298 | industries to assure them that environmental hazards are |
| 299 | identified and removed before they endanger the health or safety |
| 300 | of the public. The purpose of this section is to assure the |
| 301 | public that persons specifically responsible for performing |
| 302 | environmental health and sanitary evaluations have been |
| 303 | certified by examination as competent to perform such work. |
| 304 | (2) DEFINITIONS.--As used in this section: |
| 305 | (a) "Accredited" means recognized by the American Council |
| 306 | on Education as meeting acceptable levels of quality and |
| 307 | performance. |
| 308 | (b)(a) "Board" means the Environmental Health |
| 309 | Professionals Advisory Board. |
| 310 | (c)(b) "Department" means the Department of Health. |
| 311 | (d)(c) "Environmental health" means that segment of public |
| 312 | health work which deals with the examination of those factors in |
| 313 | the human environment which may impact adversely on the health |
| 314 | status of an individual or the public. |
| 315 | (e)(d) "Environmental health professional" means a person |
| 316 | who is employed or assigned the responsibility for assessing the |
| 317 | environmental health or sanitary conditions, as defined by the |
| 318 | department, within a building, on an individual's property, or |
| 319 | within the community at large, and who has the knowledge, |
| 320 | skills, and abilities to carry out these tasks. Environmental |
| 321 | health professionals may be either field, supervisory, or |
| 322 | administrative staff members. |
| 323 | (f)(e) "Certified" means a person who has displayed |
| 324 | competency to perform evaluations of environmental or sanitary |
| 325 | conditions through examination. |
| 326 | (g)(f) "Registered sanitarian," "R.S.," "Registered |
| 327 | Environmental Health Specialist," or "R.E.H.S." means a person |
| 328 | who has been certified by either the National Environmental |
| 329 | Health Association or the Florida Environmental Health |
| 330 | Association as knowledgeable in the environmental health |
| 331 | profession. |
| 332 | (h)(g) "Primary environmental health program" means those |
| 333 | programs determined by the department to be essential for |
| 334 | providing basic environmental and sanitary protection to the |
| 335 | public. These programs shall be established by rule and, at a |
| 336 | minimum, these programs shall include food protection program |
| 337 | work and onsite sewage treatment and disposal systems program |
| 338 | work system evaluations. |
| 339 | (3) CERTIFICATION REQUIRED.--No person shall perform |
| 340 | environmental health or sanitary evaluations in any primary |
| 341 | program area of environmental health without being certified by |
| 342 | the department as competent to perform such evaluations. The |
| 343 | requirements of this section shall not be mandatory for persons |
| 344 | performing inspections of public or retail food service |
| 345 | establishments licensed under chapter 500 or chapter 509. |
| 346 | (5) STANDARDS FOR CERTIFICATION.--The department shall |
| 347 | adopt rules that establish definitions of terms and minimum |
| 348 | standards of education, training, or experience for those |
| 349 | persons subject to this section. The rules must also address the |
| 350 | process for application, examination, issuance, expiration, and |
| 351 | renewal of certification and ethical standards of practice for |
| 352 | the profession. |
| 353 | (a) Persons employed as environmental health professionals |
| 354 | shall exhibit a knowledge of rules and principles of |
| 355 | environmental and public health law in Florida through |
| 356 | examination. A person may not conduct environmental health |
| 357 | evaluations in a primary program area unless he or she is |
| 358 | currently certified in that program area or works under the |
| 359 | direct supervision, during his or her initial probationary |
| 360 | period for that position, of a certified environmental health |
| 361 | professional. |
| 362 | 1. All persons who begin employment in a primary |
| 363 | environmental health program on or after September 21, 1994, |
| 364 | must be certified in that program within the initial |
| 365 | probationary period for that position 6 months after employment. |
| 366 | 2. Persons employed in the primary environmental health |
| 367 | programs program of a food protection program or an onsite |
| 368 | sewage treatment and disposal systems system prior to September |
| 369 | 21, 1994, shall be considered certified while employed in that |
| 370 | position and shall be required to adhere to any professional |
| 371 | standards established by the department pursuant to paragraph |
| 372 | (b), complete any continuing education requirements imposed |
| 373 | under paragraph (d), and pay the certificate renewal fee imposed |
| 374 | under subsection (7). |
| 375 | 3. Persons employed in the primary environmental health |
| 376 | programs program of a food protection program or an onsite |
| 377 | sewage treatment and disposal systems system prior to September |
| 378 | 21, 1994, who change positions or program areas and transfer |
| 379 | into another primary environmental health program area on or |
| 380 | after September 21, 1994, must be certified by examination in |
| 381 | that program within 6 months after such transfer, except that |
| 382 | they will not be required to possess the college degree required |
| 383 | under paragraph (e). |
| 384 | 4. Registered sanitarians shall be considered certified |
| 385 | and shall be required to adhere to any professional standards |
| 386 | established by the department pursuant to paragraph (b). |
| 387 | (6) EXEMPTIONS.--A person who conducts primary |
| 388 | environmental evaluation activities and maintains a current |
| 389 | registration or certification from another state agency which |
| 390 | examined the person's knowledge of the primary program area and |
| 391 | requires comparable continuing education to maintain the |
| 392 | certificate shall not be required to be certified by this |
| 393 | section. Examples of persons not subject to certification are |
| 394 | physicians, registered dietitians, certified laboratory |
| 395 | personnel, and nurses. |
| 396 | Section 6. Effective July 1, 2004, section 384.25, Florida |
| 397 | Statutes, is amended to read: |
| 398 | 384.25 Reporting required.-- |
| 399 | (1) Each person who makes a diagnosis of or treats a |
| 400 | person with a sexually transmissible disease, including, but not |
| 401 | limited to, HIV and AIDS, and each laboratory that performs a |
| 402 | test for a sexually transmissible disease, including, but not |
| 403 | limited to, HIV, which concludes with a positive result shall |
| 404 | report such facts as may be required by the department by rule, |
| 405 | within a time period as specified by rule of the department, but |
| 406 | in no case to exceed 2 weeks. |
| 407 | (a)(2) The department shall adopt rules specifying the |
| 408 | information required in and a maximum minimum time period for |
| 409 | reporting a sexually transmissible disease, including, but not |
| 410 | limited to, HIV and AIDS. In adopting such rules, the department |
| 411 | shall consider the need for information, protections for the |
| 412 | privacy and confidentiality of the patient, and the practical |
| 413 | ability of persons and laboratories to report in a reasonable |
| 414 | fashion. To ensure the confidentiality of persons infected with |
| 415 | HIV the human immunodeficiency virus (HIV), reporting of HIV |
| 416 | infection and AIDS acquired immune deficiency syndrome (AIDS) |
| 417 | must be conducted using a system the HIV/AIDS Reporting System |
| 418 | (HARS) developed by the Centers for Disease Control and |
| 419 | Prevention of the United States Public Health Service or an |
| 420 | equivalent system. |
| 421 | (3) The department shall require reporting of physician |
| 422 | diagnosed cases of AIDS based upon diagnostic criteria from the |
| 423 | Centers for Disease Control and Prevention. |
| 424 | (b)(4) The department may require physician and laboratory |
| 425 | reporting of HIV infection. However, only reports of HIV |
| 426 | infection identified on or after the effective date of the rule |
| 427 | developed by the department pursuant to this subsection shall be |
| 428 | accepted. The Reporting may not affect or relate to anonymous |
| 429 | HIV testing programs conducted pursuant to s. 381.004(4) or to |
| 430 | university-based medical research protocols as determined by the |
| 431 | department. |
| 432 | (2)(5) After notification of the test subject under |
| 433 | subsection (4), the department may, with the consent of the test |
| 434 | subject, notify school superintendents of students and school |
| 435 | personnel whose HIV tests are positive. |
| 436 | (3) The department shall adopt rules requiring each |
| 437 | physician and laboratory to report any newborn or infant up to |
| 438 | 18 months of age who has been exposed to HIV. The rules may |
| 439 | include the method and time period for reporting, information to |
| 440 | be included in the report, requirements for enforcement, and |
| 441 | followup activities by the department. |
| 442 | (4)(6) The department shall by February 1 of each year |
| 443 | submit to the Legislature an annual report relating to all |
| 444 | information obtained pursuant to this section. |
| 445 | (5)(7) Each person who violates the provisions of this |
| 446 | section or the rules adopted hereunder may be fined by the |
| 447 | department up to $500 for each offense. The department shall |
| 448 | report each violation of this section to the regulatory agency |
| 449 | responsible for licensing each health care professional and each |
| 450 | laboratory to which these provisions apply. |
| 451 | Section 7. Effective July 1, 2004, section 384.31, Florida |
| 452 | Statutes, is amended to read: |
| 453 | 384.31 Serological Testing of pregnant women; duty of the |
| 454 | attendant.-- |
| 455 | (1) Every person, including every physician licensed under |
| 456 | chapter 458 or chapter 459 or midwife licensed under part I of |
| 457 | chapter 464 or chapter 467, attending a pregnant woman for |
| 458 | conditions relating to pregnancy during the period of gestation |
| 459 | and delivery shall take or cause the woman to be tested for |
| 460 | sexually transmissible diseases, including, but not limited to, |
| 461 | HIV, as required by rule of the department, notwithstanding s. |
| 462 | 381.004(3)(a), taken a sample of venous blood at a time or times |
| 463 | specified by the department. The tests Each sample of blood |
| 464 | shall be performed tested by a laboratory approved for such |
| 465 | purposes under part I of chapter 483 for sexually transmissible |
| 466 | diseases as required by rule of the department. Pregnant women |
| 467 | shall be notified of the tests that will be conducted and of |
| 468 | their right to refuse testing. If a woman objects to testing, a |
| 469 | written statement of objection, signed by the patient, shall be |
| 470 | placed in the patient's medical record and no testing shall |
| 471 | occur. If the patient refuses to sign the statement of |
| 472 | objection, the refusal shall be noted on the form by a licensed |
| 473 | health care professional who shall print his or her name by the |
| 474 | notation and who shall sign the notation. |
| 475 | (2) At the time the venous blood sample is taken, testing |
| 476 | for human immunodeficiency virus (HIV) infection shall be |
| 477 | offered to each pregnant woman. The prevailing professional |
| 478 | standard of care in this state requires each health care |
| 479 | provider and midwife who attends a pregnant woman to counsel the |
| 480 | woman to be tested for human immunodeficiency virus (HIV). |
| 481 | Counseling shall include a discussion of the availability of |
| 482 | treatment if the pregnant woman tests HIV positive. If a |
| 483 | pregnant woman objects to HIV testing, reasonable steps shall be |
| 484 | taken to obtain a written statement of such objection, signed by |
| 485 | the patient, which shall be placed in the patient's medical |
| 486 | record. Every person, including every physician licensed under |
| 487 | chapter 458 or chapter 459 or midwife licensed under part I of |
| 488 | chapter 464 or chapter 467, who attends a pregnant woman who has |
| 489 | been offered and objects to HIV testing shall be immune from |
| 490 | liability arising out of or related to the contracting of HIV |
| 491 | infection or acquired immune deficiency syndrome (AIDS) by the |
| 492 | child from the mother. |
| 493 | Section 8. Section 385.104, Florida Statutes, is created |
| 494 | to read: |
| 495 | 385.104 Health Promotion and Health Education Statewide |
| 496 | Initiative.-- |
| 497 | (1) The Department of Health shall establish the Health |
| 498 | Promotion and Health Education Statewide Initiative to provide a |
| 499 | comprehensive and community-based health promotion and education |
| 500 | program. The program is designed to provide funding to counties |
| 501 | in this state to improve individual and community health, aimed |
| 502 | specifically at preventing and reducing the impact of chronic |
| 503 | diseases and promoting healthy lifestyles. |
| 504 | (2) The program's targeted diseases include, but are not |
| 505 | limited to, diabetes, heart disease, stroke, asthma, and cancer, |
| 506 | with a focus on the preventable risk factors of tobacco use, |
| 507 | physical inactivity, and poor nutrition. |
| 508 | (3) The implementation of these activities shall be |
| 509 | coordinated with and linked to existing state plans and national |
| 510 | priorities, focusing on evidence-based programs and population- |
| 511 | based efforts that specifically address social and environmental |
| 512 | policy strategies. |
| 513 | (4) Subject to the availability of funds, the Department |
| 514 | of Health may award funding to county health departments for |
| 515 | purposes of improving individual and community health by |
| 516 | expanding and improving the health infrastructure through |
| 517 | environmental and policy changes aimed specifically at |
| 518 | preventing and reducing the impact of chronic diseases and |
| 519 | promoting healthy lifestyles. |
| 520 | (5) To be eligible to receive funding under this section, |
| 521 | a county health department shall submit an application to the |
| 522 | secretary of the Department of Health containing information as |
| 523 | required, including: |
| 524 | (a) A description of the proposed activities and how they |
| 525 | promote tobacco cessation, healthy eating, or physical fitness |
| 526 | and address the health and social consequences to residents of |
| 527 | this state that have chronic diseases. |
| 528 | (b) Information describing how health promotion and |
| 529 | education activities are to be coordinated at the local level |
| 530 | with other health activities conducted by other education, |
| 531 | health, and agricultural agencies. |
| 532 | (c) Information describing how local health promotion and |
| 533 | education activities reflect state and national objectives for |
| 534 | health. |
| 535 | (d) A description of the collaborative process that the |
| 536 | county health department employed in the development of the |
| 537 | health promotion and education program, including consultations |
| 538 | with individuals and organizations with expertise in promoting |
| 539 | public health, nutrition, or physical activity. |
| 540 | (e) A description of how the county health department will |
| 541 | evaluate the effectiveness of its program. |
| 542 | (6) Subject to the availability of funds, a county health |
| 543 | department receiving funds under this section shall, pending |
| 544 | successful implementation or evaluation as determined by |
| 545 | department headquarters staff, conduct the project for at least |
| 546 | a period of 3 consecutive years. |
| 547 | (7) A county health department that receives funds under |
| 548 | this section may use the funds to carry out one or more of the |
| 549 | following activities: |
| 550 | (a) Collect, analyze, and disseminate data related to |
| 551 | diabetes, heart disease, stroke, asthma, and cancer, with a |
| 552 | focus on the preventable risk factors of tobacco use, physical |
| 553 | inactivity, and poor nutrition. |
| 554 | (b) Develop and implement activities to create a |
| 555 | comprehensive, coordinated nutrition and physical fitness |
| 556 | awareness and chronic disease prevention program. |
| 557 | (c) Develop and implement programs in schools and |
| 558 | worksites to increase physical fitness and to enhance the |
| 559 | nutritional status of residents of this state. |
| 560 | (d) Develop and implement policy and environmental changes |
| 561 | related to the cessation of tobacco, healthful nutrition, and |
| 562 | physical education. |
| 563 | (e) Collaborate with community-based organizations, |
| 564 | volunteer organizations, state medical associations, and public |
| 565 | health groups to develop and implement health education and |
| 566 | promotion activities. |
| 567 | (f) Collaborate with public and private organizations that |
| 568 | have a mission to increase public awareness of the importance of |
| 569 | a balanced diet and an active lifestyle. |
| 570 | Section 9. Section 458.3215, Florida Statutes, is created |
| 571 | to read: |
| 572 | 458.3215 Reactivation of license for clinical research |
| 573 | purposes.-- |
| 574 | (1) Any person who left the practice of medicine for |
| 575 | purposes of retirement and who, at the time of retirement, was |
| 576 | in good standing with the board may apply to have his or her |
| 577 | license reactivated, without examination, for purposes of seeing |
| 578 | patients solely in a clinical research setting. Such person must |
| 579 | not have been out of the practice of medicine for more than 10 |
| 580 | years at the time of application under this section. |
| 581 | (2) The board shall by rule set the reactivation fee, not |
| 582 | to exceed $300, and develop criteria for reactivation of a |
| 583 | license under this section, including appropriate continuing |
| 584 | education requirements, not to exceed those prescribed in s. |
| 585 | 458.321 for reactivation of a license. |
| 586 | Section 10. Section 945.601, Florida Statutes, is amended |
| 587 | to read: |
| 588 | 945.601 Correctional Medical Authority; ss. 945.601- |
| 589 | 945.6038; 945.601-945.6035, definitions.--As used in this act: |
| 590 | (1) "Authority" means the State of Florida Correctional |
| 591 | Medical Authority created in this act. |
| 592 | (2) "Health care provider" means: |
| 593 | (a) A regional research hospital or research center which |
| 594 | is authorized by law to provide hospital services in accordance |
| 595 | with chapter 395, which has a contractual or operating |
| 596 | arrangement with a regional school of medicine, and which is |
| 597 | located at that regional school of medicine; |
| 598 | (b) Any entity which has agreed to provide hospital |
| 599 | services to inmates in the Department of Corrections; or |
| 600 | (c) Any entity licensed to provide hospital services in |
| 601 | accordance with chapter 395. |
| 602 | (3) "Project" means any structure, facility, machinery, |
| 603 | equipment, or other property suitable for use by a health |
| 604 | facility in connection with its operations or proposed |
| 605 | operations, including, without limitation, real property |
| 606 | therefor; a clinic, computer facility, dining hall, firefighting |
| 607 | facility, fire prevention facility, long-term care facility, |
| 608 | hospital, interns' residence, laboratory, laundry, maintenance |
| 609 | facility, nurses' residence, office, parking area, pharmacy, |
| 610 | recreational facility, research facility, storage facility, |
| 611 | utility, or X-ray facility, or any combination of the foregoing; |
| 612 | and other structure or facility related thereto or required or |
| 613 | useful for health care purposes, the conducting of research, or |
| 614 | the operation of a health facility, including a facility or |
| 615 | structure essential or convenient for the orderly conduct of the |
| 616 | health facility and other similar items necessary or convenient |
| 617 | for the operation of a particular facility or structure in the |
| 618 | manner for which its use is intended. "Project" does not include |
| 619 | such items as fuel, supplies, or other items which are |
| 620 | customarily deemed to result in a current operating charge. |
| 621 | (4) "Quality management program" means to monitor and |
| 622 | evaluate inmate health care and includes the following |
| 623 | objectives: |
| 624 | (a) Assuring that all inmates receive appropriate and |
| 625 | timely services in a safe environment. |
| 626 | (b) Assuring systematic monitoring of the treatment |
| 627 | environment. |
| 628 | (c) Assisting in the reduction of professional and general |
| 629 | liability risks. |
| 630 | (d) Enhancing efficient utilization of resources. |
| 631 | (e) Assisting in credential review and privilege |
| 632 | delineation. |
| 633 | (f) Enhancing the identification of continuing educational |
| 634 | needs. |
| 635 | (g) Facilitating the identification of strengths, |
| 636 | weaknesses, and opportunities for improvement. |
| 637 | (h) Facilitating the coordination and integration of |
| 638 | information systems. |
| 639 | (i) Assuring the resolution of identified problems. |
| 640 | (5) "Real property" includes all lands, including |
| 641 | buildings, structures, improvements, and fixtures thereon; any |
| 642 | property of any nature appurtenant thereto or used in connection |
| 643 | therewith; and every estate, interest, and right, legal or |
| 644 | equitable, therein, including any such interest for a term of |
| 645 | years. |
| 646 | Section 11. Section 945.6038, Florida Statutes, is created |
| 647 | to read: |
| 648 | 945.6038 Additional services.--The authority is authorized |
| 649 | to enter into an agreement or may contract with the Department |
| 650 | of Children and Family Services, subject to the availability of |
| 651 | funding, to conduct surveys of medical services and to provide |
| 652 | medical quality assurance and improvement assistance at secure |
| 653 | confinement and treatment facilities for persons confined under |
| 654 | part V of chapter 394. The authority may enter into similar |
| 655 | agreements with other state agencies, subject to the |
| 656 | availability of funds. The authority may not enter into any such |
| 657 | agreement if doing so would impair the authority's ability to |
| 658 | fulfill its obligations with regard to the Department of |
| 659 | Corrections as set forth in this chapter. |
| 660 | Section 12. Except as otherwise provided herein, this act |
| 661 | shall take effect upon becoming a law. |