| 1 | Representative(s) Negron offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 456.031, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 456.031 Requirement for instruction on domestic |
| 8 | violence.-- |
| 9 | (1)(a) The appropriate board shall require each person |
| 10 | licensed or certified under chapter 458, chapter 459, part I of |
| 11 | chapter 464, chapter 466, chapter 467, chapter 490, or chapter |
| 12 | 491 to complete a 1-hour continuing education course, approved |
| 13 | by the board, on domestic violence, as defined in s. 741.28, as |
| 14 | part of every third biennial relicensure or recertification. The |
| 15 | course shall consist of information on the number of patients in |
| 16 | that professional's practice who are likely to be victims of |
| 17 | domestic violence and the number who are likely to be |
| 18 | perpetrators of domestic violence, screening procedures for |
| 19 | determining whether a patient has any history of being either a |
| 20 | victim or a perpetrator of domestic violence, and instruction on |
| 21 | how to provide such patients with information on, or how to |
| 22 | refer such patients to, resources in the local community, such |
| 23 | as domestic violence centers and other advocacy groups, that |
| 24 | provide legal aid, shelter, victim counseling, batterer |
| 25 | counseling, or child protection services. |
| 26 | (b) Each such licensee or certificateholder shall submit |
| 27 | confirmation of having completed such course, on a form provided |
| 28 | by the board, when submitting fees for every third each biennial |
| 29 | renewal. |
| 30 | (c) The board may approve additional equivalent courses |
| 31 | that may be used to satisfy the requirements of paragraph (a). |
| 32 | Each licensing board that requires a licensee to complete an |
| 33 | educational course pursuant to this subsection may include the |
| 34 | hour required for completion of the course in the total hours of |
| 35 | continuing education required by law for such profession unless |
| 36 | the continuing education requirements for such profession |
| 37 | consist of fewer than 30 hours biennially. |
| 38 | (d) Any person holding two or more licenses subject to the |
| 39 | provisions of this subsection shall be permitted to show proof |
| 40 | of having taken one board-approved course on domestic violence, |
| 41 | for purposes of relicensure or recertification for additional |
| 42 | licenses. |
| 43 | (e) Failure to comply with the requirements of this |
| 44 | subsection shall constitute grounds for disciplinary action |
| 45 | under each respective practice act and under s. 456.072(1)(k). |
| 46 | In addition to discipline by the board, the licensee shall be |
| 47 | required to complete such course. |
| 48 | (2) The board shall also require, as a condition of |
| 49 | granting a license under any chapter specified in paragraph |
| 50 | (1)(a), that each applicant for initial licensure under the |
| 51 | appropriate chapter complete an educational course acceptable to |
| 52 | the board on domestic violence which is substantially equivalent |
| 53 | to the course required in subsection (1). An applicant who has |
| 54 | not taken such course at the time of licensure shall, upon |
| 55 | submission of an affidavit showing good cause, be allowed 6 |
| 56 | months to complete such requirement. |
| 57 | (3)(a) In lieu of completing a course as required in |
| 58 | subsection (1), a licensee or certificateholder may complete a |
| 59 | course in end-of-life care and palliative health care, if the |
| 60 | licensee or certificateholder has completed an approved domestic |
| 61 | violence course in the immediately preceding biennium. |
| 62 | (b) In lieu of completing a course as required by |
| 63 | subsection (1), a person licensed under chapter 466 who has |
| 64 | completed an approved domestic-violence education course in the |
| 65 | immediately preceding 2 years may complete a course approved by |
| 66 | the Board of Dentistry. |
| 67 | (2)(4) Each board may adopt rules to carry out the |
| 68 | provisions of this section. |
| 69 | (5) Each board shall report to the President of the |
| 70 | Senate, the Speaker of the House of Representatives, and the |
| 71 | chairs of the appropriate substantive committees of the |
| 72 | Legislature by March 1 of each year as to the implementation of |
| 73 | and compliance with the requirements of this section. |
| 74 | Section 2. Section 456.033, Florida Statutes, is amended |
| 75 | to read: |
| 76 | 456.033 Requirement for instruction for certain licensees |
| 77 | on HIV and AIDS.-- |
| 78 | (1) The appropriate board shall require each person |
| 79 | licensed or certified under chapter 457; chapter 458; chapter |
| 80 | 459; chapter 460; chapter 461; chapter 463; part I of chapter |
| 81 | 464; chapter 465; chapter 466; part II, part III, part V, or |
| 82 | part X of chapter 468; or chapter 486 to complete a continuing |
| 83 | education educational course, approved by the board, on human |
| 84 | immunodeficiency virus and acquired immune deficiency syndrome |
| 85 | as part of biennial relicensure or recertification. The course |
| 86 | shall consist of education on the modes of transmission, |
| 87 | infection control procedures, clinical management, and |
| 88 | prevention of human immunodeficiency virus and acquired immune |
| 89 | deficiency syndrome. Such course shall include information on |
| 90 | current Florida law on acquired immune deficiency syndrome and |
| 91 | its impact on testing, confidentiality of test results, |
| 92 | treatment of patients, and any protocols and procedures |
| 93 | applicable to human immunodeficiency virus counseling and |
| 94 | testing, reporting, the offering of HIV testing to pregnant |
| 95 | women, and partner notification issues pursuant to ss. 381.004 |
| 96 | and 384.25. |
| 97 | (2) Each such licensee or certificateholder shall submit |
| 98 | confirmation of having completed the said course required under |
| 99 | subsection (1), on a form as provided by the board, when |
| 100 | submitting fees for each biennial renewal. |
| 101 | (3) The board shall have the authority to approve |
| 102 | additional equivalent courses that may be used to satisfy the |
| 103 | requirements in subsection (1). Each licensing board that |
| 104 | requires a licensee to complete an educational course pursuant |
| 105 | to this section may count the hours required for completion of |
| 106 | the course included in the total continuing educational |
| 107 | requirements as required by law. |
| 108 | (4) Any person holding two or more licenses subject to the |
| 109 | provisions of this section shall be permitted to show proof of |
| 110 | having taken one board-approved course on human immunodeficiency |
| 111 | virus and acquired immune deficiency syndrome, for purposes of |
| 112 | relicensure or recertification for additional licenses. |
| 113 | (5) Failure to comply with the above requirements shall |
| 114 | constitute grounds for disciplinary action under each respective |
| 115 | licensing chapter and s. 456.072(1)(e). In addition to |
| 116 | discipline by the board, the licensee shall be required to |
| 117 | complete the course. |
| 118 | (6) The board regulating licensees under chapter 460 shall |
| 119 | require as a condition of granting a license under the chapters |
| 120 | and parts specified in subsection (1) that an applicant making |
| 121 | initial application for licensure to complete an educational |
| 122 | course acceptable to the board on human immunodeficiency virus |
| 123 | and acquired immune deficiency syndrome. An applicant under |
| 124 | chapter 460 who has not taken a course at the time of licensure |
| 125 | shall, upon an affidavit showing good cause, be allowed 6 months |
| 126 | to complete this requirement. |
| 127 | (7) The board shall have the authority to adopt rules to |
| 128 | carry out the provisions of this section. |
| 129 | (8) The following requirements apply to each person |
| 130 | licensed or certified under chapter 457; chapter 458; chapter |
| 131 | 459; chapter 461; chapter 463; part I of chapter 464; chapter |
| 132 | 465; chapter 466; part II, part III, part V, or part X of |
| 133 | chapter 468; or chapter 486: |
| 134 | (a) Each person shall be required by the appropriate board |
| 135 | to complete a continuing education course described in |
| 136 | subsection (1) no later than upon first renewal. |
| 137 | (b) Each person shall submit confirmation described in |
| 138 | subsection (2) when submitting fees for first renewal. |
| 139 | (c) Each person shall be subject to subsections (3), (4), |
| 140 | and (5). |
| 141 | (8) The board shall report to the Legislature by March 1 |
| 142 | of each year as to the implementation and compliance with the |
| 143 | requirements of this section. |
| 144 | (9)(a) In lieu of completing a course as required in |
| 145 | subsection (1), the licensee may complete a course in end-of- |
| 146 | life care and palliative health care, so long as the licensee |
| 147 | completed an approved AIDS/HIV course in the immediately |
| 148 | preceding biennium. |
| 149 | (b) In lieu of completing a course as required by |
| 150 | subsection (1), a person licensed under chapter 466 who has |
| 151 | completed an approved AIDS/HIV course in the immediately |
| 152 | preceding 2 years may complete a course approved by the Board of |
| 153 | Dentistry. |
| 154 | Section 3. Paragraph (a) of subsection (1) of section |
| 155 | 456.041, Florida Statutes, is amended to read: |
| 156 | 456.041 Practitioner profile; creation.-- |
| 157 | (1)(a) The Department of Health shall compile the |
| 158 | information submitted pursuant to s. 456.039 into a practitioner |
| 159 | profile of the applicant submitting the information, except that |
| 160 | the Department of Health shall develop a format to compile |
| 161 | uniformly any information submitted under s. 456.039(4)(b). |
| 162 | Beginning July 1, 2001, the Department of Health may compile the |
| 163 | information submitted pursuant to s. 456.0391 into a |
| 164 | practitioner profile of the applicant submitting the |
| 165 | information. The protocol submitted pursuant to s. 464.012(3) |
| 166 | must be included in the practitioner profile of the applicant |
| 167 | submitting the information to obtain certification as a advanced |
| 168 | registered nurse practitioner. |
| 169 | Section 4. Subsections (4) and (5) of section 458.319, |
| 170 | Florida Statutes, are amended to read: |
| 171 | 458.319 Renewal of license.-- |
| 172 | (4) Notwithstanding the provisions of s. 456.033, a |
| 173 | physician may complete continuing education on end-of-life care |
| 174 | and palliative care in lieu of continuing education in AIDS/HIV, |
| 175 | if that physician has completed the AIDS/HIV continuing |
| 176 | education in the immediately preceding biennium. |
| 177 | (4)(a)(5)(a) Notwithstanding any provision of this chapter |
| 178 | or chapter 456, the requirements for the biennial renewal of the |
| 179 | license of any licensee who is a member of the Legislature shall |
| 180 | stand continued and extended without the requirement of any |
| 181 | filing by such a licensee of any notice or application for |
| 182 | renewal with the board or the department and such licensee's |
| 183 | license shall be an active status license under this chapter, |
| 184 | throughout the period that the licensee is a member of the |
| 185 | Legislature and for a period of 60 days after the licensee |
| 186 | ceases to be a member of the Legislature. |
| 187 | (b) At any time during the licensee's legislative term of |
| 188 | office and during the period of 60 days after the licensee |
| 189 | ceases to be a member of the Legislature, the licensee may file |
| 190 | a completed renewal application that shall consist solely of: |
| 191 | 1. A license renewal fee of $250 for each year the |
| 192 | licensee's license renewal has been continued and extended |
| 193 | pursuant to the terms of this subsection since the last |
| 194 | otherwise regularly scheduled biennial renewal year and each |
| 195 | year during which the renewed license shall be effective until |
| 196 | the next regularly scheduled biennial renewal date; |
| 197 | 2. Documentation of the completion by the licensee of 10 |
| 198 | hours of continuing medical education credits for each year from |
| 199 | the effective date of the last renewed license for the licensee |
| 200 | until the year in which the application is filed; and |
| 201 | 3. The information from the licensee expressly required in |
| 202 | s. 456.039(1)(a)1.-8. and (b), and (4)(a), (b), and (c). |
| 203 | (c) The department and board may not impose any additional |
| 204 | requirements for the renewal of such licenses and, not later |
| 205 | than 20 days after receipt of a completed application as |
| 206 | specified in paragraph (b), shall renew the active status |
| 207 | license of the licensee, effective on and retroactive to the |
| 208 | last previous renewal date of the licensee's license. This Said |
| 209 | license renewal shall be valid until the next regularly |
| 210 | scheduled biennial renewal date for such said license, and |
| 211 | thereafter shall be subject to the biennial requirements for |
| 212 | renewal in this chapter and chapter 456. |
| 213 | Section 5. Subsections (4), (5), and (6) are added to |
| 214 | section 458.348, Florida Statutes, to read: |
| 215 | 458.348 Formal supervisory relationships, standing orders, |
| 216 | and established protocols; notice; standards.-- |
| 217 | (4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE |
| 218 | SETTINGS.--A physician who supervises an advanced registered |
| 219 | nurse practitioner or physician assistant at a medical office |
| 220 | other than the physician's primary practice location, where the |
| 221 | advanced registered nurse practitioner or physician assistant is |
| 222 | not under the onsite supervision of a supervising physician, |
| 223 | must comply with the standards set forth in this subsection. For |
| 224 | the purpose of this subsection, a physician's "primary practice |
| 225 | location" means the address reflected on the physician's profile |
| 226 | published pursuant to s. 456.041. |
| 227 | (a) A physician who is engaged in providing primary health |
| 228 | care services may not supervise more than four offices in |
| 229 | addition to the physician's primary practice location. For the |
| 230 | purpose of this subsection, "primary health care" means health |
| 231 | care services that are commonly provided to patients without |
| 232 | referral from another practitioner, including obstetrical and |
| 233 | gynecological services, and excludes practices providing |
| 234 | primarily dermatologic and skin care services, which include |
| 235 | aesthetic skin care services. |
| 236 | (b) A physician who is engaged in providing specialty |
| 237 | health care services may not supervise more than two offices in |
| 238 | addition to the physician's primary practice location. For the |
| 239 | purpose of this subsection, "specialty health care" means health |
| 240 | care services that are commonly provided to patients with a |
| 241 | referral from another practitioner and excludes practices |
| 242 | providing primarily dermatologic and skin care services, which |
| 243 | include aesthetic skin care services. |
| 244 | (c) A physician who supervises an advanced registered |
| 245 | nurse practitioner or physician assistant at a medical office |
| 246 | other than the physician's primary practice location, where the |
| 247 | advanced registered nurse practitioner or physician assistant is |
| 248 | not under the onsite supervision of a supervising physician and |
| 249 | the services offered at the office are primarily dermatologic or |
| 250 | skin care services, which include aesthetic skin care services |
| 251 | other than plastic surgery, must comply with the standards |
| 252 | listed in subparagraphs 1.-4. Notwithstanding s. |
| 253 | 458.347(4)(e)8., a physician supervising a physician assistant |
| 254 | pursuant to this paragraph may not be required to review and |
| 255 | cosign charts or medical records prepared by such physician |
| 256 | assistant. |
| 257 | 1. The physician shall submit to the board the addresses |
| 258 | of all offices where he or she is supervising an advanced |
| 259 | registered nurse practitioner or a physician's assistant which |
| 260 | are not the physician's primary practice location. |
| 261 | 2. The physician must be board-certified or board-eligible |
| 262 | in dermatology or plastic surgery as recognized by the board |
| 263 | pursuant to s. 458.3312. |
| 264 | 3. All such offices that are not the physician's primary |
| 265 | place of practice must be within 25 miles of the physician's |
| 266 | primary place of practice or in a county that is contiguous to |
| 267 | the county of the physician's primary place of practice. |
| 268 | However, the distance between any of the offices may not exceed |
| 269 | 75 miles. |
| 270 | 4. The physician may supervise only one office other than |
| 271 | the physician's primary place of practice except that until July |
| 272 | 1, 2011, the physician may supervise up to two medical offices |
| 273 | other than the physician's primary place of practice if the |
| 274 | addresses of the offices are submitted to the board before July |
| 275 | 1, 2006. Effective July 1, 2011, the physician may supervise |
| 276 | only one office other than the physician's primary place of |
| 277 | practice, regardless of when the addresses of the offices were |
| 278 | submitted to the board. |
| 279 | (d) A physician who supervises an office in addition to |
| 280 | the physician's primary practice location must conspicuously |
| 281 | post in each of the physician's offices a current schedule of |
| 282 | the regular hours when the physician is present in that office |
| 283 | and the hours when the office is open while the physician is not |
| 284 | present. |
| 285 | (e) This subsection does not apply to health care services |
| 286 | provided in facilities licensed under chapter 395 or in |
| 287 | conjunction with a college of medicine, a college of nursing, an |
| 288 | accredited graduate medical program, or a nursing education |
| 289 | program; offices where the only service being performed is hair |
| 290 | removal by an advanced registered nurse practitioner or |
| 291 | physician assistant; not-for-profit, family-planning clinics |
| 292 | that are not licensed pursuant to chapter 390; rural and |
| 293 | federally qualified health centers; health care services |
| 294 | provided in a nursing home licensed under part II of chapter |
| 295 | 400, an assisted living facility licensed under part III of |
| 296 | chapter 400, a continuing care facility licensed under chapter |
| 297 | 651, or a retirement community consisting of independent living |
| 298 | units and a licensed nursing home or assisted living facility; |
| 299 | anesthesia services provided in accordance with law; health care |
| 300 | services provided in a designated rural health clinic; health |
| 301 | care services provided to persons enrolled in a program designed |
| 302 | to maintain elderly persons and persons with disabilities in a |
| 303 | home or community-based setting; university primary care student |
| 304 | health centers; school health clinics; or health care services |
| 305 | provided in federal, state, or local government facilities. |
| 306 | (5) REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial |
| 307 | referral of a patient by another practitioner, the physician |
| 308 | receiving the referral must ensure that the patient is informed |
| 309 | of the type of license held by the physician and the type of |
| 310 | license held by any other practitioner who will be providing |
| 311 | services to the patient. When scheduling the initial examination |
| 312 | or consultation following such referral, the patient may decide |
| 313 | to see the physician or any other licensed practitioner |
| 314 | supervised by the physician and, before the initial examination |
| 315 | or consultation, shall sign a form indicating the patient's |
| 316 | choice of practitioner. The supervising physician must review |
| 317 | the medical record of the initial examination or consultation |
| 318 | and ensure that a written report of the initial examination or |
| 319 | consultation is furnished to the referring practitioner within |
| 320 | 10 business days following the completion of the initial |
| 321 | examination or consultation. |
| 322 | (6) LIMITATION ON RULEMAKING.--This section is self- |
| 323 | self-executing and does not require or provide authority for |
| 324 | additional rulemaking. |
| 325 | Section 6. Subsection (5) of section 459.008, Florida |
| 326 | Statutes, is repealed. |
| 327 | Section 7. Section 459.025, Florida Statutes, is created |
| 328 | to read: |
| 329 | 459.025 Formal supervisory relationships, standing orders, |
| 330 | and established protocols; notice; standards.-- |
| 331 | (1) NOTICE.-- |
| 332 | (a) When an osteopathic physician enters into a formal |
| 333 | supervisory relationship or standing orders with an emergency |
| 334 | medical technician or paramedic licensed pursuant to s. 401.27, |
| 335 | which relationship or orders contemplate the performance of |
| 336 | medical acts, or when an osteopathic physician enters into an |
| 337 | established protocol with an advanced registered nurse |
| 338 | practitioner, which protocol contemplates the performance of |
| 339 | medical acts identified and approved by the joint committee |
| 340 | pursuant to s. 464.003(3)(c) or acts set forth in s. 464.012(3) |
| 341 | and (4), the osteopathic physician shall submit notice to the |
| 342 | board. The notice must contain a statement in substantially the |
| 343 | following form: |
| 344 | I, (name and professional license number of osteopathic |
| 345 | physician), of (address of osteopathic physician) have hereby |
| 346 | entered into a formal supervisory relationship, standing orders, |
| 347 | or an established protocol with (number of persons) emergency |
| 348 | medical technician(s), (number of persons) paramedic(s), or |
| 349 | (number of persons) advanced registered nurse practitioner(s). |
| 350 | (b) Notice shall be filed within 30 days after entering |
| 351 | into the relationship, orders, or protocol. Notice also shall be |
| 352 | provided within 30 days after the osteopathic physician has |
| 353 | terminated any such relationship, orders, or protocol. |
| 354 | (2) PROTOCOLS REQUIRING DIRECT SUPERVISION.--All protocols |
| 355 | relating to electrolysis or electrology using laser or |
| 356 | light-based hair removal or reduction by persons other than |
| 357 | osteopathic physicians licensed under this chapter or chapter |
| 358 | 458 shall require the person performing such service to be |
| 359 | appropriately trained and to work only under the direct |
| 360 | supervision and responsibility of an osteopathic physician |
| 361 | licensed under this chapter or chapter 458. |
| 362 | (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE |
| 363 | SETTINGS.--An osteopathic physician who supervises an advanced |
| 364 | registered nurse practitioner or physician assistant at a |
| 365 | medical office other than the osteopathic physician's primary |
| 366 | practice location, where the advanced registered nurse |
| 367 | practitioner or physician assistant is not under the onsite |
| 368 | supervision of a supervising osteopathic physician, must comply |
| 369 | with the standards set forth in this subsection. For the purpose |
| 370 | of this subsection, an osteopathic physician's "primary practice |
| 371 | location" means the address reflected on the physician's profile |
| 372 | published pursuant to s. 456.041. |
| 373 | (a) An osteopathic physician who is engaged in providing |
| 374 | primary health care services may not supervise more than four |
| 375 | offices in addition to the osteopathic physician's primary |
| 376 | practice location. For the purpose of this subsection, "primary |
| 377 | health care" means health care services that are commonly |
| 378 | provided to patients without referral from another practitioner, |
| 379 | including obstetrical and gynecological services, and excludes |
| 380 | practices providing primarily dermatologic and skin care |
| 381 | services, which include aesthetic skin care services. |
| 382 | (b) An osteopathic physician who is engaged in providing |
| 383 | specialty health care services may not supervise more than two |
| 384 | offices in addition to the osteopathic physician's primary |
| 385 | practice location. For the purpose of this subsection, |
| 386 | "specialty health care" means health care services that are |
| 387 | commonly provided to patients with a referral from another |
| 388 | practitioner and excludes practices providing primarily |
| 389 | dermatologic and skin care services, which include aesthetic |
| 390 | skin care services. |
| 391 | (c) An osteopathic physician who supervises an advanced |
| 392 | registered nurse practitioner or physician assistant at a |
| 393 | medical office other than the osteopathic physician's primary |
| 394 | practice location, where the advanced registered nurse |
| 395 | practitioner or physician assistant is not under the onsite |
| 396 | supervision of a supervising osteopathic physician and the |
| 397 | services offered at the office are primarily dermatologic or |
| 398 | skin care services, which include aesthetic skin care services |
| 399 | other than plastic surgery, must comply with the standards |
| 400 | listed in subparagraphs 1.-4. Notwithstanding s. |
| 401 | 459.022(4)(e)8., an osteopathic physician supervising a |
| 402 | physician assistant pursuant to this paragraph may not be |
| 403 | required to review and cosign charts or medical records prepared |
| 404 | by such physician assistant. |
| 405 | 1. The osteopathic physician shall submit to the Board of |
| 406 | Osteopathic Medicine the addresses of all offices where he or |
| 407 | she is supervising or has a protocol with an advanced registered |
| 408 | nurse practitioner or a physician's assistant which are not the |
| 409 | osteopathic physician's primary practice location. |
| 410 | 2. The osteopathic physician must be board-certified or |
| 411 | board-eligible in dermatology or plastic surgery as recognized |
| 412 | by the Board of Osteopathic Medicine pursuant to s. 459.0152. |
| 413 | 3. All such offices that are not the osteopathic |
| 414 | physician's primary place of practice must be within 25 miles of |
| 415 | the osteopathic physician's primary place of practice or in a |
| 416 | county that is contiguous to the county of the osteopathic |
| 417 | physician's primary place of practice. However, the distance |
| 418 | between any of the offices may not exceed 75 miles. |
| 419 | 4. The osteopathic physician may supervise only one office |
| 420 | other than the osteopathic physician's primary place of practice |
| 421 | except that until July 1, 2011, the osteopathic physician may |
| 422 | supervise up to two medical offices other than the osteopathic |
| 423 | physician's primary place of practice if the addresses of the |
| 424 | offices are submitted to the Board of Osteopathic Medicine |
| 425 | before July 1, 2006. Effective July 1, 2011, the osteopathic |
| 426 | physician may supervise only one office other than the |
| 427 | osteopathic physician's primary place of practice, regardless of |
| 428 | when the addresses of the offices were submitted to the Board of |
| 429 | Osteopathic Medicine. |
| 430 | (d) An osteopathic physician who supervises an office in |
| 431 | addition to the osteopathic physician's primary practice |
| 432 | location must conspicuously post in each of the osteopathic |
| 433 | physician's offices a current schedule of the regular hours when |
| 434 | the osteopathic physician is present in that office and the |
| 435 | hours when the office is open while the osteopathic physician is |
| 436 | not present. |
| 437 | (e) This subsection does not apply to health care services |
| 438 | provided in facilities licensed under chapter 395 or in |
| 439 | conjunction with a college of medicine or college of nursing or |
| 440 | an accredited graduate medical or nursing education program; |
| 441 | offices where the only service being performed is hair removal |
| 442 | by an advanced registered nurse practitioner or physician |
| 443 | assistant; not-for-profit, family-planning clinics that are not |
| 444 | licensed pursuant to chapter 390; rural and federally qualified |
| 445 | health centers; health care services provided in a nursing home |
| 446 | licensed under part II of chapter 400, an assisted living |
| 447 | facility licensed under part III of chapter 400, a continuing |
| 448 | care facility licensed under chapter 651, or a retirement |
| 449 | community consisting of independent living units and either a |
| 450 | licensed nursing home or assisted living facility; anesthesia |
| 451 | services provided in accordance with law; health care services |
| 452 | provided in a designated rural health clinic; health care |
| 453 | services provided to persons enrolled in a program designed to |
| 454 | maintain elderly persons and persons with disabilities in a home |
| 455 | or community-based setting; university primary care student |
| 456 | health centers; school health clinics; or health care services |
| 457 | provided in federal, state, or local government facilities. |
| 458 | (4) REQUIREMENTS FOR NOTICE AND REVIEW.--Upon initial |
| 459 | referral of a patient by another practitioner, the osteopathic |
| 460 | physician receiving the referral must ensure that the patient is |
| 461 | informed of the type of license held by the osteopathic |
| 462 | physician and the type of license held by any other practitioner |
| 463 | who will be providing services to the patient. When scheduling |
| 464 | the initial examination or consultation following such referral, |
| 465 | the patient may decide to see the osteopathic physician or any |
| 466 | other licensed practitioner supervised by the osteopathic |
| 467 | physician and, before the initial examination or consultation, |
| 468 | shall sign a form indicating the patient's choice of |
| 469 | practitioner. The supervising osteopathic physician must review |
| 470 | the medical record of the initial examination or consultation |
| 471 | and ensure that a written report of the initial examination or |
| 472 | consultation is furnished to the referring practitioner within |
| 473 | 10 business days following the completion of the initial |
| 474 | examination or consultation. |
| 475 | (5) LIMITATION ON RULEMAKING.--This section is self- |
| 476 | self-executing and does not require or provide authority for |
| 477 | additional rulemaking. |
| 478 | Section 8. Subsection (3) of section 464.012, Florida |
| 479 | Statutes, is amended to read: |
| 480 | 464.012 Certification of advanced registered nurse |
| 481 | practitioners; fees.-- |
| 482 | (3) An advanced registered nurse practitioner shall |
| 483 | perform those functions authorized in this section within the |
| 484 | framework of an established protocol that is filed with the |
| 485 | board upon biennial license renewal and within 30 days after |
| 486 | entering into a supervisory relationship with a physician or |
| 487 | changes to the protocol. The board shall review the protocol to |
| 488 | ensure compliance with applicable regulatory standards for |
| 489 | protocols. The board shall refer to the department licensees |
| 490 | submitting protocols that are not compliant with the regulatory |
| 491 | standards for protocols. A practitioner currently licensed under |
| 492 | chapter 458, chapter 459, or chapter 466 shall maintain |
| 493 | supervision for directing the specific course of medical |
| 494 | treatment. Within the established framework, an advanced |
| 495 | registered nurse practitioner may: |
| 496 | (a) Monitor and alter drug therapies. |
| 497 | (b) Initiate appropriate therapies for certain conditions. |
| 498 | (c) Perform additional functions as may be determined by |
| 499 | rule in accordance with s. 464.003(3)(c). |
| 500 | (d) Order diagnostic tests and physical and occupational |
| 501 | therapy. |
| 502 | Section 9. This act shall take effect July 1, 2006. |
| 503 |
|
| 504 | ======= T I T L E A M E N D M E N T ========== |
| 505 | Remove the entire title and insert: |
| 506 | A bill to be entitled |
| 507 | An act relating to health care practitioners; amending s. |
| 508 | 456.031, F.S.; revising requirements for instruction of |
| 509 | certain health care practitioners concerning domestic |
| 510 | violence; amending s. 456.033, F.S.; revising requirements |
| 511 | for instruction of certain health care practitioners |
| 512 | concerning HIV and AIDS; amending s. 456.041, F.S.; |
| 513 | requiring advanced registered nurse practitioners to |
| 514 | submit protocols as part of practitioner profiles to the |
| 515 | Department of Health; amending s. 458.319, F.S.; |
| 516 | eliminating an option for medical physicians to complete |
| 517 | continuing education courses in end-of-life care in lieu |
| 518 | of continuing education in AIDS/HIV; amending s. 458.348, |
| 519 | F.S.; providing requirements for the supervision of |
| 520 | certain health care practitioners by physicians; providing |
| 521 | that the section is self-executing; repealing s. |
| 522 | 459.008(5), F.S.; eliminating an option for osteopathic |
| 523 | physicians to complete continuing education courses in |
| 524 | end-of-life care in lieu of continuing education in |
| 525 | AIDS/HIV; creating s. 459.025, F.S.; providing |
| 526 | requirements for the supervision of certain health care |
| 527 | practitioners by osteopathic physicians; requiring |
| 528 | physicians or osteopathic physicians to supervise certain |
| 529 | persons performing electrolysis using laser or light-based |
| 530 | hair removal or reduction; providing that the section is |
| 531 | self-executing; amending s. 464.012, F.S.; requiring |
| 532 | certain advanced registered nurse practitioners to file |
| 533 | protocols with the Board of Nursing; specifying |
| 534 | requirements for the protocols; providing an effective |
| 535 | date. |