HB 0629CS

CHAMBER ACTION




1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to health care practitioners; amending
7458.303, F.S.; removing a provision on grounds for
8disciplinary action and certain action from a list of
9exemptions for certain nursing services; providing
10prohibitions for physicians; amending s. 459.002, F.S.;
11providing prohibitions for osteopathic physicians;
12providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (2) of section 458.303, Florida
17Statutes, is amended to read:
18     458.303  Provisions not applicable to other practitioners;
19exceptions, etc.--
20     (2)  Nothing in s. 458.301, s. 458.303, s. 458.305, s.
21458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
22458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
23458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
24be construed to prohibit any service rendered by a registered
25nurse or a licensed practical nurse, if such service is rendered
26under the direct supervision and control of a licensed physician
27who provides specific direction for any such service to be
28performed; and gives final approval to all such services
29performed. Further, nothing in this or any other chapter shall
30be construed to prohibit any service rendered by a medical
31assistant in accordance with the provisions of s. 458.3485;
32notwithstanding the provisions in this subsection, the physician
33shall not:
34     (a)  Practice or offer to practice beyond the scope
35permitted by law.
36     (b)  Accept and perform professional responsibilities the
37physician knows or has reason to know that the physician is not
38competent to perform.
39     (c)  Delegate professional responsibilities to a person
40when the physician delegating such responsibilities knows or has
41reason to know that the person is not qualified by training,
42experience, or licensure to perform such responsibilities.
43     Section 2.  Subsection (2) of section 459.002, Florida
44Statutes, is amended to read:
45     459.002  Chapter not applicable to practice of medicine,
46surgery, chiropractic medicine, etc.--
47     (2)  Nothing in this chapter shall be construed to prohibit
48any service rendered by any person if such service is rendered
49under the direct supervision and control of a licensed
50osteopathic physician who must be available when needed, must
51provide specific direction for any service to be performed, and
52must give final approval to all services performed;
53notwithstanding the provisions in this subsection, the
54osteopathic physician shall not:
55     (a)  Practice or offer to practice beyond the scope
56permitted by law.
57     (b)  Accept and perform professional responsibilities the
58osteopathic physician knows or has reason to know that the
59osteopathic physician is not competent to perform.
60     (c)  Delegate professional responsibilities to any person
61when the osteopathic physician delegating such responsibilities
62knows or has reason to know that such person is not qualified by
63training, experience, or licensure to perform such
64responsibilities.
65     Section 3.  This act shall take effect July 1, 2005.


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