HB 1209

CS

CHAMBER ACTION

1	The Health Care Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to health care; amending s. 395.003, F.S.;
7	extending by 1 year the moratorium on approving additional
8	emergency departments located off the premises of a
9	licensed hospital; amending s. 395.1027, F.S.; requiring
10	that the regional poison control centers be certified;
11	requiring a health care facility or practitioner to
12	release a patient's medical records upon request of a
13	regional poison control center under certain
14	circumstances; amending ss. 395.3025 and 456.057, F.S.;
15	authorizing a regional poison control center to disclose a
16	patient's medical records for purposes of treatment and
17	case management and to comply with data-collection
18	requirements of the state and the poison control
19	organization that certifies poison control centers in
20	accordance with federal law; providing an effective date.
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22	Be It Enacted by the Legislature of the State of Florida:
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24	Section 1.  Paragraph (b) of subsection (1) of section
25	395.003, Florida Statutes, is amended to read:
26	395.003  Licensure; issuance, renewal, denial,
27	modification, suspension, and revocation.--
28	(1)
29	(b)1.  It is unlawful for a person to use or advertise to
30	the public, in any way or by any medium whatsoever, any facility
31	as a "hospital," "ambulatory surgical center," or "mobile
32	surgical facility" unless such facility has first secured a
33	license under the provisions of this part.
34	2.  This part does not apply to veterinary hospitals or to
35	commercial business establishments using the word "hospital,"
36	"ambulatory surgical center," or "mobile surgical facility" as a
37	part of a trade name if no treatment of human beings is
38	performed on the premises of such establishments.
39	3.  By December 31, 2004, the agency shall submit a report
40	to the President of the Senate and the Speaker of the House of
41	Representatives recommending whether it is in the public
42	interest to allow a hospital to license or operate an emergency
43	department located off the premises of the hospital. If the
44	agency finds it to be in the public interest, the report shall
45	also recommend licensure criteria for such medical facilities,
46	including criteria related to quality of care and, if deemed
47	necessary, the elimination of the possibility of confusion
48	related to the service capabilities of such facility in
49	comparison to the service capabilities of an emergency
50	department located on the premises of the hospital. Until July
51	1, 2006 2005, additional emergency departments located off the
52	premises of licensed hospitals may not be authorized by the
53	agency.
54	Section 2.  Subsections (1) and (3) of section 395.1027,
55	Florida Statutes, are amended to read:
56	395.1027  Regional poison control centers.--
57	(1)  There shall be created three certified accredited
58	regional poison control centers, one each in the north, central,
59	and southern regions of the state. Each regional poison control
60	center shall be affiliated with and physically located in a
61	certified Level I trauma center. Each regional poison control
62	center shall be affiliated with an accredited medical school or
63	college of pharmacy. The regional poison control centers shall
64	be coordinated under the aegis of the Division of Children's
65	Medical Services Prevention and Intervention in the department.
66	(3)  Upon request, a licensed facility or health care
67	practitioner shall release to a regional poison control center
68	any patient information that is relevant to the episode under
69	evaluation for purposes of treatment or that is necessary for
70	case management of poison cases and other patient information
71	that is necessary to comply with the data collection and
72	reporting requirements of this section and the professional
73	organization that certifies poison control centers in accordance
74	with federal law.
75	Section 3.  Paragraph (m) is added to subsection (4) of
76	section 395.3025, Florida Statutes, to read:
77	395.3025  Patient and personnel records; copies;
78	examination.--
79	(4)  Patient records are confidential and must not be
80	disclosed without the consent of the person to whom they
81	pertain, but appropriate disclosure may be made without such
82	consent to:
83	(m)  A regional poison control center for purposes of
84	treating a poison episode under evaluation, case management of
85	poison cases, or compliance with data-collection and reporting
86	requirements of s. 395.1027 and the professional organization
87	that certifies poison control centers in accordance with federal
88	law.
89	Section 4.  Paragraph (a) of subsection (5) of section
90	456.057, Florida Statutes, is amended to read:
91	456.057  Ownership and control of patient records; report
92	or copies of records to be furnished.--
93	(5)(a)  Except as otherwise provided in this section and in
94	s. 440.13(4)(c), such records may not be furnished to, and the
95	medical condition of a patient may not be discussed with, any
96	person other than the patient or the patient's legal
97	representative or other health care practitioners and providers
98	involved in the care or treatment of the patient, except upon
99	written authorization of the patient. However, such records may
100	be furnished without written authorization under the following
101	circumstances:
102	1.  To any person, firm, or corporation that has procured
103	or furnished such examination or treatment with the patient's
104	consent.
105	2.  When compulsory physical examination is made pursuant
106	to Rule 1.360, Florida Rules of Civil Procedure, in which case
107	copies of the medical records shall be furnished to both the
108	defendant and the plaintiff.
109	3.  In any civil or criminal action, unless otherwise
110	prohibited by law, upon the issuance of a subpoena from a court
111	of competent jurisdiction and proper notice to the patient or
112	the patient's legal representative by the party seeking such
113	records.
114	4.  For statistical and scientific research, provided the
115	information is abstracted in such a way as to protect the
116	identity of the patient or provided written permission is
117	received from the patient or the patient's legal representative.
118	5.  To a regional poison control center for purposes of
119	treating a poison episode under evaluation, case management of
120	poison cases, or compliance with data-collection and reporting
121	requirements of s. 395.1027 and the professional organization
122	that certifies poison control centers in accordance with federal
123	law.
124	Section 5.  This act shall take effect upon becoming a law.

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