Senate Bill sb1868c1
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Florida Senate - 2005 CS for SB 1868
By the Committee on Health Care; and Senator Atwater
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1 A bill to be entitled
2 An act relating to health care; amending s.
3 395.003, F.S.; extending by 1 year the
4 moratorium on approving additional emergency
5 departments located off the premises of a
6 licensed hospital; amending s. 395.1027, F.S.;
7 requiring that the regional poison control
8 centers be certified; requiring a health care
9 facility or practitioner to release a patient's
10 medical records upon request of a regional
11 poison control center under certain
12 circumstances; amending ss. 395.3025 and
13 456.057, F.S.; authorizing a regional poison
14 control center to disclose a patient's medical
15 records for purposes of treatment and case
16 management, and to comply with data-collection
17 requirements of the state and the poison
18 control organization that certifies poison
19 control centers in accordance with federal law;
20 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) and
25 paragraph (e) of subsection (2) of section 395.003, Florida
26 Statutes, are amended to read:
27 395.003 Licensure; issuance, renewal, denial,
28 modification, suspension, and revocation.--
29 (1)
30 (b)1. It is unlawful for a person to use or advertise
31 to the public, in any way or by any medium whatsoever, any
1
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Florida Senate - 2005 CS for SB 1868
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1 facility as a "hospital," "ambulatory surgical center," or
2 "mobile surgical facility" unless such facility has first
3 secured a license under the provisions of this part.
4 2. This part does not apply to veterinary hospitals or
5 to commercial business establishments using the word
6 "hospital," "ambulatory surgical center," or "mobile surgical
7 facility" as a part of a trade name if no treatment of human
8 beings is performed on the premises of such establishments.
9 3. By December 31, 2004, the agency shall submit a
10 report to the President of the Senate and the Speaker of the
11 House of Representatives recommending whether it is in the
12 public interest to allow a hospital to license or operate an
13 emergency department located off the premises of the hospital.
14 If the agency finds it to be in the public interest, the
15 report shall also recommend licensure criteria for such
16 medical facilities, including criteria related to quality of
17 care and, if deemed necessary, the elimination of the
18 possibility of confusion related to the service capabilities
19 of such facility in comparison to the service capabilities of
20 an emergency department located on the premises of the
21 hospital. Until July 1, 2006 2005, additional emergency
22 departments located off the premises of licensed hospitals may
23 not be authorized by the agency.
24 Section 2. Subsections (1) and (3) of section
25 395.1027, Florida Statutes, are amended to read:
26 395.1027 Regional poison control centers.--
27 (1) There shall be created three certified accredited
28 regional poison control centers, one each in the north,
29 central, and southern regions of the state. Each regional
30 poison control center shall be affiliated with and physically
31 located in a certified Level I trauma center. Each regional
2
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Florida Senate - 2005 CS for SB 1868
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1 poison control center shall be affiliated with an accredited
2 medical school or college of pharmacy. The regional poison
3 control centers shall be coordinated under the aegis of the
4 Division of Children's Medical Services Prevention and
5 Intervention in the department.
6 (3) Upon request, a licensed facility or health care
7 practitioner shall release to a regional poison control center
8 any patient information that is relevant to the episode under
9 evaluation for purposes of treatment or that is necessary for
10 case management of poison cases and other patient information
11 that is necessary to comply with the data-collection and
12 reporting requirements of this section and the professional
13 organization that certifies poison control centers in
14 accordance with federal law.
15 Section 3. Paragraph (m) is added to subsection (4) of
16 section 395.3025, Florida Statutes, to read:
17 395.3025 Patient and personnel records; copies;
18 examination.--
19 (4) Patient records are confidential and must not be
20 disclosed without the consent of the person to whom they
21 pertain, but appropriate disclosure may be made without such
22 consent to:
23 (m) A regional poison control center for purposes of
24 treating a poison episode under evaluation, case management of
25 poison cases, or compliance with data-collection and reporting
26 requirements of s. 395.1027 and the professional organization
27 that certifies poison control centers in accordance with
28 federal law.
29 Section 4. Paragraph (a) of subsection (5) of section
30 456.057, Florida Statutes, is amended to read:
31
3
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Florida Senate - 2005 CS for SB 1868
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1 456.057 Ownership and control of patient records;
2 report or copies of records to be furnished.--
3 (5)(a) Except as otherwise provided in this section
4 and in s. 440.13(4)(c), such records may not be furnished to,
5 and the medical condition of a patient may not be discussed
6 with, any person other than the patient or the patient's legal
7 representative or other health care practitioners and
8 providers involved in the care or treatment of the patient,
9 except upon written authorization of the patient. However,
10 such records may be furnished without written authorization
11 under the following circumstances:
12 1. To any person, firm, or corporation that has
13 procured or furnished such examination or treatment with the
14 patient's consent.
15 2. When compulsory physical examination is made
16 pursuant to Rule 1.360, Florida Rules of Civil Procedure, in
17 which case copies of the medical records shall be furnished to
18 both the defendant and the plaintiff.
19 3. In any civil or criminal action, unless otherwise
20 prohibited by law, upon the issuance of a subpoena from a
21 court of competent jurisdiction and proper notice to the
22 patient or the patient's legal representative by the party
23 seeking such records.
24 4. For statistical and scientific research, provided
25 the information is abstracted in such a way as to protect the
26 identity of the patient or provided written permission is
27 received from the patient or the patient's legal
28 representative.
29 5. To a regional poison control center for purposes of
30 treating a poison episode under evaluation, case management of
31 poison cases, or compliance with data-collection and reporting
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Florida Senate - 2005 CS for SB 1868
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1 requirements of s. 395.1027 and the professional organization
2 that certifies poison control centers in accordance with
3 federal law.
4 Section 5. This act shall take effect upon becoming a
5 law.
6
7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 1868
9
10 The committee substitute extends the moratorium on the
authorization of hospital off-site emergency departments to
11 July 1, 2006. The bill requires the three regional poison
control centers to be "certified" rather than "accredited."
12 The bill requires disclosure to regional poison control
centers of certain patient information needed to comply with
13 the data-collection and reporting requirements of s. 395.1027,
F.S., and the professional organization that certifies poison
14 control centers in accordance with federal law.
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