| 1 | The Health Care Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to health care practitioners; amending |
| 7 | 458.303, F.S.; removing a provision on grounds for |
| 8 | disciplinary action and certain action from a list of |
| 9 | exemptions for certain nursing services; providing |
| 10 | prohibitions for physicians; amending s. 459.002, F.S.; |
| 11 | providing prohibitions for osteopathic physicians; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (2) of section 458.303, Florida |
| 17 | Statutes, is amended to read: |
| 18 | 458.303 Provisions not applicable to other practitioners; |
| 19 | exceptions, etc.-- |
| 20 | (2) Nothing in s. 458.301, s. 458.303, s. 458.305, s. |
| 21 | 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s. |
| 22 | 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s. |
| 23 | 458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall |
| 24 | be construed to prohibit any service rendered by a registered |
| 25 | nurse or a licensed practical nurse, if such service is rendered |
| 26 | under the direct supervision and control of a licensed physician |
| 27 | who provides specific direction for any such service to be |
| 28 | performed; and gives final approval to all such services |
| 29 | performed. Further, nothing in this or any other chapter shall |
| 30 | be construed to prohibit any service rendered by a medical |
| 31 | assistant in accordance with the provisions of s. 458.3485; |
| 32 | notwithstanding the provisions in this subsection, the physician |
| 33 | shall not: |
| 34 | (a) Practice or offer to practice beyond the scope |
| 35 | permitted by law. |
| 36 | (b) Accept and perform professional responsibilities the |
| 37 | physician knows or has reason to know that the physician is not |
| 38 | competent to perform. |
| 39 | (c) Delegate professional responsibilities to a person |
| 40 | when the physician delegating such responsibilities knows or has |
| 41 | reason to know that the person is not qualified by training, |
| 42 | experience, or licensure to perform such responsibilities. |
| 43 | Section 2. Subsection (2) of section 459.002, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 459.002 Chapter not applicable to practice of medicine, |
| 46 | surgery, chiropractic medicine, etc.-- |
| 47 | (2) Nothing in this chapter shall be construed to prohibit |
| 48 | any service rendered by any person if such service is rendered |
| 49 | under the direct supervision and control of a licensed |
| 50 | osteopathic physician who must be available when needed, must |
| 51 | provide specific direction for any service to be performed, and |
| 52 | must give final approval to all services performed; |
| 53 | notwithstanding the provisions in this subsection, the |
| 54 | osteopathic physician shall not: |
| 55 | (a) Practice or offer to practice beyond the scope |
| 56 | permitted by law. |
| 57 | (b) Accept and perform professional responsibilities the |
| 58 | osteopathic physician knows or has reason to know that the |
| 59 | osteopathic physician is not competent to perform. |
| 60 | (c) Delegate professional responsibilities to any person |
| 61 | when the osteopathic physician delegating such responsibilities |
| 62 | knows or has reason to know that such person is not qualified by |
| 63 | training, experience, or licensure to perform such |
| 64 | responsibilities. |
| 65 | Section 3. This act shall take effect July 1, 2005. |