HB 1361

1	A bill to be entitled
2	An act relating to emergency services; amending s.
3	395.1041, F.S.; providing for hospitals to apply for a
4	license to operate off-premises emergency departments;
5	providing licensure criteria; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1.  Subsection (8) is added to section 395.1041,
10	Florida Statutes, to read:
11	395.1041  Access to emergency services and care.--
12	(8)  OFF-PREMISES EMERGENCY DEPARTMENTS.--A hospital may
13	apply for a license to operate an emergency department at a
14	location off the hospital's premises provided that the
15	application complies with all of the requirements of this
16	subsection. An off-premises emergency department must provide
17	emergency services and care for any emergency medical condition
18	that is within the service capability of the hospital seeking a
19	license for an off-premises emergency department. Criteria for
20	licensure of off-premises emergency departments are as follows:
21	(a)  In a county with a population of 200,000 or more, an
22	off-premises emergency department may not be located within a
23	15-mile radius of the nearest licensed class 1 general hospital.
24	In a county with a population of less than 200,000, an off-
25	premises emergency department may not be located within a 25-
26	mile radius of the nearest licensed class 1 general hospital.
27	The distance requirements of this paragraph shall be determined
28	as of the date of initial licensure of the off-premises
29	emergency department and shall not be applicable to any off-
30	premises emergency department licensed prior to July 1, 2007.
31	(b)  Patients may be transported from an off-premises
32	emergency department to the premises of the hospital that holds
33	the off-premises emergency department license for inpatient care
34	only after a physician determines that the patient requires
35	inpatient admission. The off-premises emergency department must
36	ensure that the same types of medical specialists as are
37	available on the premises of the hospital are available to
38	consult with patients at the off-premises emergency department.
39	(c)  An off-premises emergency department must have a
40	written agreement with emergency medical services providers for
41	the transfer of patients in need of emergency care. The
42	Department of Health shall develop and implement protocols for
43	emergency medical services providers to follow when transporting
44	patients to an off-premises emergency department and from an
45	off-premises emergency department to the most appropriate
46	hospital, without regard to whether that hospital holds the off-
47	premises emergency department license. The Department of Health
48	shall develop and implement protocols to ensure that emergency
49	medical services providers transport persons experiencing ST
50	segment elevation myocardial infarctions to the nearest
51	appropriate hospital, without regard to whether that hospital
52	holds the off-premises emergency department license.
53	(d)  An off-premises emergency department must have a
54	written agreement with an acute care hospital located within 1
55	hour's drive time that has agreed to accept the transfer of
56	patients in need of emergency medical services that are not
57	within the service capability of the off-premises emergency
58	department or its licensed acute care hospital. The transfer
59	agreement must specify the medical services to which the
60	transfer agreement applies and contain a transfer protocol
61	executed by the off-premises emergency department and the
62	receiving hospital.
63	(e)  An off-premises emergency department must be
64	supervised at all times by a physician who is a member of the
65	hospital's medical staff and who is board certified by the
66	American College of Emergency Physicians.
67	(f)  An off-premises emergency department must treat all
68	patients with emergency medical conditions without regard for
69	their ability to pay.
70	(g)  An off-premises emergency department must comply with
71	rules adopted that govern emergency care.
72	(h)  An off-premises emergency department must be
73	accredited by the Joint Commission on the Accreditation of
74	Healthcare Organizations or an equivalent credentialing body.
75	(i)  An off-premises emergency department must meet all
76	physical plant requirements, including electrical and mechanical
77	requirements, of an onsite emergency department as specified in
78	the Florida Building Code, as amended. These facilities must
79	also meet the requirements for Definitive Emergency Care, as
80	described in the Guidelines for the Design and Construction of
81	Hospitals and Health Care Facilities, 2001, incorporated by
82	reference in section 419.2.1.2 of the Florida Building Code, as
83	amended.
84	Section 2.  This act shall take effect July 1, 2007.

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