Senate Bill sb1216c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 1216

    By the Committee on Health Care; and Senator Peaden





    587-2085-06

  1                      A bill to be entitled

  2         An act relating to health care practitioners;

  3         amending s. 456.031, F.S.; revising

  4         requirements for instruction of certain health

  5         care practitioners concerning domestic

  6         violence; amending s. 456.033, F.S.; revising

  7         requirements for instruction of certain health

  8         care practitioners concerning HIV and AIDS;

  9         amending s. 456.041, F.S.; requiring advanced

10         registered nurse practitioners to submit

11         protocols as part of practitioner profiles to

12         the Department of Health; amending s. 458.319,

13         F.S.; eliminating an option for medical

14         physicians to complete continuing education

15         courses in end-of-life care in lieu of

16         continuing education in AIDS/HIV; amending s.

17         458.348, F.S.; providing requirements for the

18         supervision of certain health care

19         practitioners by physicians; providing that the

20         section is self-executing; repealing s.

21         459.008(5), F.S.; eliminating an option for

22         osteopathic physicians to complete continuing

23         education courses in end-of-life care in lieu

24         of continuing education in AIDS/HIV; creating

25         s. 459.025, F.S.; providing requirements for

26         the supervision of certain health care

27         practitioners by osteopathic physicians;

28         requiring physicians or osteopathic physicians

29         to supervise certain persons performing

30         electrolysis using laser or light-based hair

31         removal or reduction; providing that the

                                  1

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         section is self-executing; amending s. 464.012,

 2         F.S.; requiring certain advanced registered

 3         nurse practitioners to file protocols with the

 4         Board of Nursing; specifying requirements for

 5         the protocols; providing an effective date.

 6  

 7  Be It Enacted by the Legislature of the State of Florida:

 8  

 9         Section 1.  Section 456.031, Florida Statutes, is

10  amended to read:

11         456.031  Requirement for instruction on domestic

12  violence.--

13         (1)(a)  The appropriate board shall require each person

14  licensed or certified under chapter 458, chapter 459, part I

15  of chapter 464, chapter 466, chapter 467, chapter 490, or

16  chapter 491 to complete a 1-hour continuing education course,

17  approved by the board, on domestic violence, as defined in s.

18  741.28, as part of every third biennial relicensure or

19  recertification.  The course shall consist of information on

20  the number of patients in that professional's practice who are

21  likely to be victims of domestic violence and the number who

22  are likely to be perpetrators of domestic violence, screening

23  procedures for determining whether a patient has any history

24  of being either a victim or a perpetrator of domestic

25  violence, and instruction on how to provide such patients with

26  information on, or how to refer such patients to, resources in

27  the local community, such as domestic violence centers and

28  other advocacy groups, that provide legal aid, shelter, victim

29  counseling, batterer counseling, or child protection services.

30         (b)  Each such licensee or certificateholder shall

31  submit confirmation of having completed such course, on a form

                                  2

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  provided by the board, when submitting fees for every third

 2  each biennial renewal.

 3         (c)  The board may approve additional equivalent

 4  courses that may be used to satisfy the requirements of

 5  paragraph (a).  Each licensing board that requires a licensee

 6  to complete an educational course pursuant to this subsection

 7  may include the hour required for completion of the course in

 8  the total hours of continuing education required by law for

 9  such profession unless the continuing education requirements

10  for such profession consist of fewer than 30 hours biennially.

11         (d)  Any person holding two or more licenses subject to

12  the provisions of this subsection shall be permitted to show

13  proof of having taken one board-approved course on domestic

14  violence, for purposes of relicensure or recertification for

15  additional licenses.

16         (e)  Failure to comply with the requirements of this

17  subsection shall constitute grounds for disciplinary action

18  under each respective practice act and under s. 456.072(1)(k).

19  In addition to discipline by the board, the licensee shall be

20  required to complete such course.

21         (2)  The board shall also require, as a condition of

22  granting a license under any chapter specified in paragraph

23  (1)(a), that each applicant for initial licensure under the

24  appropriate chapter complete an educational course acceptable

25  to the board on domestic violence which is substantially

26  equivalent to the course required in subsection (1).  An

27  applicant who has not taken such course at the time of

28  licensure shall, upon submission of an affidavit showing good

29  cause, be allowed 6 months to complete such requirement.

30         (3)(a)  In lieu of completing a course as required in

31  subsection (1), a licensee or certificateholder may complete a

                                  3

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  course in end-of-life care and palliative health care, if the

 2  licensee or certificateholder has completed an approved

 3  domestic violence course in the immediately preceding

 4  biennium.

 5         (b)  In lieu of completing a course as required by

 6  subsection (1), a person licensed under chapter 466 who has

 7  completed an approved domestic-violence education course in

 8  the immediately preceding 2 years may complete a course

 9  approved by the Board of Dentistry.

10         (2)(4)  Each board may adopt rules to carry out the

11  provisions of this section.

12         (5)  Each board shall report to the President of the

13  Senate, the Speaker of the House of Representatives, and the

14  chairs of the appropriate substantive committees of the

15  Legislature by March 1 of each year as to the implementation

16  of and compliance with the requirements of this section.

17         Section 2.  Section 456.033, Florida Statutes, is

18  amended to read:

19         456.033  Requirement for instruction for certain

20  licensees on HIV and AIDS.--

21         (1)  The appropriate board shall require each person

22  licensed or certified under chapter 457; chapter 458; chapter

23  459; chapter 460; chapter 461; chapter 463; part I of chapter

24  464; chapter 465; chapter 466; part II, part III, part V, or

25  part X of chapter 468; or chapter 486 to complete a continuing

26  education educational course, approved by the board, on human

27  immunodeficiency virus and acquired immune deficiency syndrome

28  as part of biennial relicensure or recertification. The course

29  shall consist of education on the modes of transmission,

30  infection control procedures, clinical management, and

31  prevention of human immunodeficiency virus and acquired immune

                                  4

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  deficiency syndrome. Such course shall include information on

 2  current Florida law on acquired immune deficiency syndrome and

 3  its impact on testing, confidentiality of test results,

 4  treatment of patients, and any protocols and procedures

 5  applicable to human immunodeficiency virus counseling and

 6  testing, reporting, the offering of HIV testing to pregnant

 7  women, and partner notification issues pursuant to ss. 381.004

 8  and 384.25.

 9         (2)  Each such licensee or certificateholder shall

10  submit confirmation of having completed the said course

11  required under subsection (1), on a form as provided by the

12  board, when submitting fees for each biennial renewal.

13         (3)  The board shall have the authority to approve

14  additional equivalent courses that may be used to satisfy the

15  requirements in subsection (1).  Each licensing board that

16  requires a licensee to complete an educational course pursuant

17  to this section may count the hours required for completion of

18  the course included in the total continuing educational

19  requirements as required by law.

20         (4)  Any person holding two or more licenses subject to

21  the provisions of this section shall be permitted to show

22  proof of having taken one board-approved course on human

23  immunodeficiency virus and acquired immune deficiency

24  syndrome, for purposes of relicensure or recertification for

25  additional licenses.

26         (5)  Failure to comply with the above requirements

27  shall constitute grounds for disciplinary action under each

28  respective licensing chapter and s. 456.072(1)(e). In addition

29  to discipline by the board, the licensee shall be required to

30  complete the course.

31  

                                  5

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         (6)  The board regulating licensees under chapter 460

 2  shall require as a condition of granting a license under the

 3  chapters and parts specified in subsection (1) that an

 4  applicant making initial application for licensure to complete

 5  an educational course acceptable to the board on human

 6  immunodeficiency virus and acquired immune deficiency

 7  syndrome. An applicant under chapter 460 who has not taken a

 8  course at the time of licensure shall, upon an affidavit

 9  showing good cause, be allowed 6 months to complete this

10  requirement.

11         (7)  The board shall have the authority to adopt rules

12  to carry out the provisions of this section.

13         (8)  The following requirements apply to each person

14  licensed or certified under chapter 457; chapter 458; chapter

15  459; chapter 461; chapter 463; part I of chapter 464; chapter

16  465; chapter 466; part II, part III, part V, or part X of

17  chapter 468; or chapter 486:

18         (a)  Each person shall be required by the appropriate

19  board to complete a continuing education course described in

20  subsection (1) no later than upon first renewal.

21         (b)  Each person shall submit confirmation described in

22  subsection (2) when submitting fees for first renewal.

23         (c)  Each person shall be subject to subsections (3),

24  (4), and (5).

25         (8)  The board shall report to the Legislature by March

26  1 of each year as to the implementation and compliance with

27  the requirements of this section.

28         (9)(a)  In lieu of completing a course as required in

29  subsection (1), the licensee may complete a course in

30  end-of-life care and palliative health care, so long as the

31  

                                  6

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  licensee completed an approved AIDS/HIV course in the

 2  immediately preceding biennium.

 3         (b)  In lieu of completing a course as required by

 4  subsection (1), a person licensed under chapter 466 who has

 5  completed an approved AIDS/HIV course in the immediately

 6  preceding 2 years may complete a course approved by the Board

 7  of Dentistry.

 8         Section 3.  Paragraph (a) of subsection (1) of section

 9  456.041, Florida Statutes, is amended to read:

10         456.041  Practitioner profile; creation.--

11         (1)(a)  The Department of Health shall compile the

12  information submitted pursuant to s. 456.039 into a

13  practitioner profile of the applicant submitting the

14  information, except that the Department of Health shall

15  develop a format to compile uniformly any information

16  submitted under s. 456.039(4)(b). Beginning July 1, 2001, the

17  Department of Health may compile the information submitted

18  pursuant to s. 456.0391 into a practitioner profile of the

19  applicant submitting the information. The protocol submitted

20  pursuant to s. 464.012(3) must be included in the practitioner

21  profile of the applicant submitting the information to obtain

22  certification as a advanced registered nurse practitioner.

23         Section 4.  Subsections (4) and (5) of section 458.319,

24  Florida Statutes, are amended to read:

25         458.319  Renewal of license.--

26         (4)  Notwithstanding the provisions of s. 456.033, a

27  physician may complete continuing education on end-of-life

28  care and palliative care in lieu of continuing education in

29  AIDS/HIV, if that physician has completed the AIDS/HIV

30  continuing education in the immediately preceding biennium.

31  

                                  7

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         (4)(a)(5)(a)  Notwithstanding any provision of this

 2  chapter or chapter 456, the requirements for the biennial

 3  renewal of the license of any licensee who is a member of the

 4  Legislature shall stand continued and extended without the

 5  requirement of any filing by such a licensee of any notice or

 6  application for renewal with the board or the department and

 7  such licensee's license shall be an active status license

 8  under this chapter, throughout the period that the licensee is

 9  a member of the Legislature and for a period of 60 days after

10  the licensee ceases to be a member of the Legislature.

11         (b)  At any time during the licensee's legislative term

12  of office and during the period of 60 days after the licensee

13  ceases to be a member of the Legislature, the licensee may

14  file a completed renewal application that shall consist solely

15  of:

16         1.  A license renewal fee of $250 for each year the

17  licensee's license renewal has been continued and extended

18  pursuant to the terms of this subsection since the last

19  otherwise regularly scheduled biennial renewal year and each

20  year during which the renewed license shall be effective until

21  the next regularly scheduled biennial renewal date;

22         2.  Documentation of the completion by the licensee of

23  10 hours of continuing medical education credits for each year

24  from the effective date of the last renewed license for the

25  licensee until the year in which the application is filed; and

26         3.  The information from the licensee expressly

27  required in s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b),

28  and (c).

29         (c)  The department and board may not impose any

30  additional requirements for the renewal of such licenses and,

31  not later than 20 days after receipt of a completed

                                  8

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  application as specified in paragraph (b), shall renew the

 2  active status license of the licensee, effective on and

 3  retroactive to the last previous renewal date of the

 4  licensee's license. This Said license renewal shall be valid

 5  until the next regularly scheduled biennial renewal date for

 6  such said license, and thereafter shall be subject to the

 7  biennial requirements for renewal in this chapter and chapter

 8  456.

 9         Section 5.  Subsections (4), (5), and (6) are added to

10  section 458.348, Florida Statutes, to read:

11         458.348  Formal supervisory relationships, standing

12  orders, and established protocols; notice; standards.--

13         (4)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE

14  SETTINGS.--A physician who supervises an advanced registered

15  nurse practitioner or physician assistant at a medical office

16  other than the physician's primary practice location, where

17  the advanced registered nurse practitioner or physician

18  assistant is not under the onsite supervision of a supervising

19  physician, must comply with the standards set forth in this

20  subsection. For the purpose of this subsection, a physician's

21  "primary practice location" means the address reflected on the

22  physician's profile published pursuant to s. 456.041.

23         (a)  A physician who is engaged in providing primary

24  health care services may not supervise more than four offices

25  in addition to the physician's primary practice location. For

26  the purpose of this subsection, "primary health care" means

27  health care services that are commonly provided to patients

28  without referral from another practitioner, including

29  obstetrical and gynecological services, and excludes practices

30  providing primarily dermatologic and skin care services, which

31  include aesthetic skin care services.

                                  9

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         (b)  A physician who is engaged in providing specialty

 2  health care services may not supervise more than two offices

 3  in addition to the physician's primary practice location. For

 4  the purpose of this subsection, "specialty health care" means

 5  health care services that are commonly provided to patients

 6  with a referral from another practitioner and excludes

 7  practices providing primarily dermatologic and skin care

 8  services, which include aesthetic skin care services.

 9         (c)  A physician who supervises an advanced registered

10  nurse practitioner or physician assistant at a medical office

11  other than the physician's primary practice location, where

12  the advanced registered nurse practitioner or physician

13  assistant is not under the onsite supervision of a supervising

14  physician and the services offered at the office are primarily

15  dermatologic or skin care services, which include aesthetic

16  skin care services other than plastic surgery, must comply

17  with the standards listed in subparagraphs 1.-4.

18  Notwithstanding s. 458.347(4)(e)8., a physician supervising a

19  physician assistant pursuant to this paragraph may not be

20  required to review and cosign charts or medical records

21  prepared by such physician assistant.

22         1.  The physician shall submit to the board the

23  addresses of all offices where he or she is supervising an

24  advanced registered nurse practitioner or a physician's

25  assistant which are not the physician's primary practice

26  location.

27         2.  The physician must be board-certified or

28  board-eligible in dermatology or plastic surgery as recognized

29  by the board pursuant to s. 458.3312.

30         3.  All such offices that are not the physician's

31  primary place of practice must be within 25 miles of the

                                  10

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  physician's primary place of practice or in a county that is

 2  contiguous to the county of the physician's primary place of

 3  practice. However, the distance between any of the offices may

 4  not exceed 75 miles.

 5         4.  The physician may supervise only one office other

 6  than the physician's primary place of practice except that

 7  until July 1, 2011, the physician may supervise up to two

 8  medical offices other than the physician's primary place of

 9  practice if the addresses of the offices are submitted to the

10  board before July 1, 2006. Effective July 1, 2011, the

11  physician may supervise only one office other than the

12  physician's primary place of practice, regardless of when the

13  addresses of the offices were submitted to the board.

14         (d)  A physician who supervises an office in addition

15  to the physician's primary practice location must

16  conspicuously post in each of the physician's offices a

17  current schedule of the regular hours when the physician is

18  present in that office and the hours when the office is open

19  while the physician is not present.

20         (e)  This subsection does not apply to health care

21  services provided in facilities licensed under chapter 395 or

22  in conjunction with a college of medicine, a college of

23  nursing, an accredited graduate medical program, or a nursing

24  education program; offices where the only service being

25  performed is hair removal by an advanced registered nurse

26  practitioner or physician assistant; not-for-profit,

27  family-planning clinics that are not licensed pursuant to

28  chapter 390; rural and federally qualified health centers;

29  health care services provided in a nursing home licensed under

30  part II of chapter 400, an assisted living facility licensed

31  under part III of chapter 400, a continuing care facility

                                  11

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  licensed under chapter 651, or a retirement community

 2  consisting of independent living units and a licensed nursing

 3  home or assisted living facility; anesthesia services provided

 4  in accordance with law; health care services provided in a

 5  designated rural health clinic; health care services provided

 6  to persons enrolled in a program designed to maintain elderly

 7  persons and persons with disabilities in a home or

 8  community-based setting; university primary care student

 9  health centers; school health clinics; or health care services

10  provided in federal, state, or local government facilities.

11         (5)  REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial

12  referral of a patient by another practitioner, the physician

13  receiving the referral must ensure that the patient is

14  informed of the type of license held by the physician and the

15  type of license held by any other practitioner who will be

16  providing services to the patient. When scheduling the initial

17  examination or consultation following such referral, the

18  patient may decide to see the physician or any other licensed

19  practitioner supervised by the physician and, before the

20  initial examination or consultation, shall sign a form

21  indicating the patient's choice of practitioner. The

22  supervising physician must review the medical record of the

23  initial examination or consultation and ensure that a written

24  report of the initial examination or consultation is furnished

25  to the referring practitioner within 10 business days

26  following the completion of the initial examination or

27  consultation.

28         (6)  LIMITATION ON RULEMAKING.--This section is

29  self-executing and does not require or provide authority for

30  additional rulemaking.

31  

                                  12

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         Section 6.  Subsection (5) of section 459.008, Florida

 2  Statutes, is repealed.

 3         Section 7.  Section 459.025, Florida Statutes, is

 4  created to read:

 5         459.025  Formal supervisory relationships, standing

 6  orders, and established protocols; notice; standards.--

 7         (1)  NOTICE.--

 8         (a)  When an osteopathic physician enters into a formal

 9  supervisory relationship or standing orders with an emergency

10  medical technician or paramedic licensed pursuant to s.

11  401.27, which relationship or orders contemplate the

12  performance of medical acts, or when an osteopathic physician

13  enters into an established protocol with an advanced

14  registered nurse practitioner, which protocol contemplates the

15  performance of medical acts identified and approved by the

16  joint committee pursuant to s. 464.003(3)(c) or acts set forth

17  in s. 464.012(3) and (4), the osteopathic physician shall

18  submit notice to the board. The notice must contain a

19  statement in substantially the following form:

20  

21         I, ...(name and professional license number of

22  osteopathic physician)..., of ...(address of osteopathic

23  physician)... have hereby entered into a formal supervisory

24  relationship, standing orders, or an established protocol with

25  ...(number of persons)... emergency medical technician(s),

26  ...(number of persons)... paramedic(s), or ...(number of

27  persons)... advanced registered nurse practitioner(s).

28  

29         (b)  Notice shall be filed within 30 days after

30  entering into the relationship, orders, or protocol. Notice

31  also shall be provided within 30 days after the osteopathic

                                  13

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  physician has terminated any such relationship, orders, or

 2  protocol.

 3         (2)  PROTOCOLS REQUIRING DIRECT SUPERVISION.--All

 4  protocols relating to electrolysis or electrology using laser

 5  or light-based hair removal or reduction by persons other than

 6  osteopathic physicians licensed under this chapter or chapter

 7  458 shall require the person performing such service to be

 8  appropriately trained and to work only under the direct

 9  supervision and responsibility of an osteopathic physician

10  licensed under this chapter or chapter 458.

11         (3)  SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE

12  SETTINGS.--An osteopathic physician who supervises an advanced

13  registered nurse practitioner or physician assistant at a

14  medical office other than the osteopathic physician's primary

15  practice location, where the advanced registered nurse

16  practitioner or physician assistant is not under the onsite

17  supervision of a supervising osteopathic physician, must

18  comply with the standards set forth in this subsection. For

19  the purpose of this subsection, an osteopathic physician's

20  "primary practice location" means the address reflected on the

21  physician's profile published pursuant to s. 456.041.

22         (a)  An osteopathic physician who is engaged in

23  providing primary health care services may not supervise more

24  than four offices in addition to the osteopathic physician's

25  primary practice location. For the purpose of this subsection,

26  "primary health care" means health care services that are

27  commonly provided to patients without referral from another

28  practitioner, including obstetrical and gynecological

29  services, and excludes practices providing primarily

30  dermatologic and skin care services, which include aesthetic

31  skin care services.

                                  14

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         (b)  An osteopathic physician who is engaged in

 2  providing specialty health care services may not supervise

 3  more than two offices in addition to the osteopathic

 4  physician's primary practice location. For the purpose of this

 5  subsection, "specialty health care" means health care services

 6  that are commonly provided to patients with a referral from

 7  another practitioner and excludes practices providing

 8  primarily dermatologic and skin care services, which include

 9  aesthetic skin care services.

10         (c)  An osteopathic physician who supervises an

11  advanced registered nurse practitioner or physician assistant

12  at a medical office other than the osteopathic physician's

13  primary practice location, where the advanced registered nurse

14  practitioner or physician assistant is not under the onsite

15  supervision of a supervising osteopathic physician and the

16  services offered at the office are primarily dermatologic or

17  skin care services, which include aesthetic skin care services

18  other than plastic surgery, must comply with the standards

19  listed in subparagraphs 1.-4. Notwithstanding s.

20  459.022(4)(e)8., an osteopathic physician supervising a

21  physician assistant pursuant to this paragraph may not be

22  required to review and cosign charts or medical records

23  prepared by such physician assistant.

24         1.  The osteopathic physician shall submit to the Board

25  of Osteopathic Medicine the addresses of all offices where he

26  or she is supervising or has a protocol with an advanced

27  registered nurse practitioner or a physician's assistant which

28  are not the osteopathic physician's primary practice location.

29         2.  The osteopathic physician must be board-certified

30  or board-eligible in dermatology or plastic surgery as

31  

                                  15

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  recognized by the Board of Osteopathic Medicine pursuant to s.

 2  459.0152.

 3         3.  All such offices that are not the osteopathic

 4  physician's primary place of practice must be within 25 miles

 5  of the osteopathic physician's primary place of practice or in

 6  a county that is contiguous to the county of the osteopathic

 7  physician's primary place of practice. However, the distance

 8  between any of the offices may not exceed 75 miles.

 9         4.  The osteopathic physician may supervise only one

10  office other than the osteopathic physician's primary place of

11  practice except that until July 1, 2011, the osteopathic

12  physician may supervise up to two medical offices other than

13  the osteopathic physician's primary place of practice if the

14  addresses of the offices are submitted to the Board of

15  Osteopathic Medicine before July 1, 2006. Effective July 1,

16  2011, the osteopathic physician may supervise only one office

17  other than the osteopathic physician's primary place of

18  practice, regardless of when the addresses of the offices were

19  submitted to the Board of Osteopathic Medicine.

20         (d)  An osteopathic physician who supervises an office

21  in addition to the osteopathic physician's primary practice

22  location must conspicuously post in each of the osteopathic

23  physician's offices a current schedule of the regular hours

24  when the osteopathic physician is present in that office and

25  the hours when the office is open while the osteopathic

26  physician is not present.

27         (e)  This subsection does not apply to health care

28  services provided in facilities licensed under chapter 395 or

29  in conjunction with a college of medicine or college of

30  nursing or an accredited graduate medical or nursing education

31  program; offices where the only service being performed is

                                  16

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  hair removal by an advanced registered nurse practitioner or

 2  physician assistant; not-for-profit, family-planning clinics

 3  that are not licensed pursuant to chapter 390; rural and

 4  federally qualified health centers; health care services

 5  provided in a nursing home licensed under part II of chapter

 6  400, an assisted living facility licensed under part III of

 7  chapter 400, a continuing care facility licensed under chapter

 8  651, or a retirement community consisting of independent

 9  living units and either a licensed nursing home or assisted

10  living facility; anesthesia services provided in accordance

11  with law; health care services provided in a designated rural

12  health clinic; health care services provided to persons

13  enrolled in a program designed to maintain elderly persons and

14  persons with disabilities in a home or community-based

15  setting; university primary care student health centers;

16  school health clinics; or health care services provided in

17  federal, state, or local government facilities.

18         (4)  REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial

19  referral of a patient by another practitioner, the osteopathic

20  physician receiving the referral must ensure that the patient

21  is informed of the type of license held by the osteopathic

22  physician and the type of license held by any other

23  practitioner who will be providing services to the patient.

24  When scheduling the initial examination or consultation

25  following such referral, the patient may decide to see the

26  osteopathic physician or any other licensed practitioner

27  supervised by the osteopathic physician and, before the

28  initial examination or consultation, shall sign a form

29  indicating the patient's choice of practitioner. The

30  supervising osteopathic physician must review the medical

31  record of the initial examination or consultation and ensure

                                  17

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1  that a written report of the initial examination or

 2  consultation is furnished to the referring practitioner within

 3  10 business days following the completion of the initial

 4  examination or consultation.

 5         (5)  LIMITATION ON RULEMAKING.--This section is

 6  self-executing and does not require or provide authority for

 7  additional rulemaking.

 8         Section 8.  Subsection (3) of section 464.012, Florida

 9  Statutes, is amended to read:

10         464.012  Certification of advanced registered nurse

11  practitioners; fees.--

12         (3)  An advanced registered nurse practitioner shall

13  perform those functions authorized in this section within the

14  framework of an established protocol that is filed with the

15  board upon biennial license renewal and within 30 days after

16  entering into a supervisory relationship with a physician or

17  changes to the protocol. The board shall review the protocol

18  to ensure compliance with applicable regulatory standards for

19  protocols. The board shall refer to the department licensees

20  submitting protocols that are not compliant with the

21  regulatory standards for protocols. A practitioner currently

22  licensed under chapter 458, chapter 459, or chapter 466 shall

23  maintain supervision for directing the specific course of

24  medical treatment.  Within the established framework, an

25  advanced registered nurse practitioner may:

26         (a)  Monitor and alter drug therapies.

27         (b)  Initiate appropriate therapies for certain

28  conditions.

29         (c)  Perform additional functions as may be determined

30  by rule in accordance with s. 464.003(3)(c).

31  

                                  18

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






    Florida Senate - 2006                           CS for SB 1216
    587-2085-06




 1         (d)  Order diagnostic tests and physical and

 2  occupational therapy.

 3         Section 9.  This act shall take effect July 1, 2006.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 1216

 7                                 

 8  The committee substitute deletes provisions requiring the
    Board of Medicine and the Board of Osteopathic Medicine to
 9  adopt rules on the supervision of certain health care
    practitioners by medical or osteopathic physicians under
10  specified circumstances. The committee substitute revises
    supervision requirements for Florida-licensed medical or
11  osteopathic physicians who supervise advanced registered nurse
    practitioners or physician assistants under specified
12  circumstances. The provisions revising such supervision
    requirements is self-executing and does not require or provide
13  authority for additional rulemaking by the Board of Medicine
    or the Board of Osteopathic Medicine.
14  
    The committee substitute revises requirements for instruction
15  of certain health care practitioners concerning HIV/AIDS and
    domestic violence.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  19

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