1 | A bill to be entitled |
2 | An act relating to hospitals; amending s. 395.003, F.S.; |
3 | providing for a hospital to apply for a license to operate |
4 | an off-premises emergency department; providing for the |
5 | Agency for Health Care Administration to approve the |
6 | license, contingent upon compliance with specified |
7 | criteria; authorizing certain off-premises emergency |
8 | departments to operate in accordance with licensure |
9 | criteria in effect at the time of approval; providing |
10 | conditions under which an off-premises emergency |
11 | department is subject to licensure criteria in effect |
12 | before July 1, 2007; 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 (1) of section 395.003, Florida |
17 | Statutes, is amended to read: |
18 | 395.003 Licensure; issuance, renewal, denial, |
19 | modification, suspension, and revocation.-- |
20 | (1)(a) A person may not establish, conduct, or maintain a |
21 | hospital, ambulatory surgical center, or mobile surgical |
22 | facility in this state without first obtaining a license under |
23 | this part. |
24 | (b)1. It is unlawful for a person to use or advertise to |
25 | the public, in any way or by any medium whatsoever, any facility |
26 | as a "hospital," "ambulatory surgical center," or "mobile |
27 | surgical facility" unless such facility has first secured a |
28 | license under the provisions of this part. |
29 | 2. This part does not apply to veterinary hospitals or to |
30 | commercial business establishments using the word "hospital," |
31 | "ambulatory surgical center," or "mobile surgical facility" as a |
32 | part of a trade name if no treatment of human beings is |
33 | performed on the premises of such establishments. |
34 | 3. Until July 1, 2006, additional emergency departments |
35 | located off the premises of licensed hospitals may not be |
36 | authorized by the agency. |
37 | (c) A hospital may apply for a license to operate an |
38 | emergency department at a location off the hospital's premises, |
39 | and the agency shall approve such license, if the hospital |
40 | complies with all of the following criteria: |
41 | 1. The off-premises emergency department must provide |
42 | emergency services and care for any emergency medical condition |
43 | that is within the service capability of the hospital seeking |
44 | the license. |
45 | 2. The off-premises emergency department must ensure that |
46 | the same types of medical specialists who are available to the |
47 | hospital seeking the license are available for consultations |
48 | with patients of the off-premises emergency department. |
49 | 3. The licenseholder must provide for the transport of |
50 | patients between the off-premises emergency department and its |
51 | licensed hospital consistent with chapter 401. The department |
52 | shall determine whether statewide transport and transfer |
53 | protocols should be developed with respect to off-premises |
54 | emergency departments and shall report its findings to the |
55 | Governor, the President of the Senate, and the Speaker of the |
56 | House of Representatives by January 31, 2008. |
57 | 4. The off-premises emergency department must be directed |
58 | by a designated physician who is a member of the organized |
59 | medical staff. |
60 | 5. The off-premises emergency department must treat all |
61 | patients who have an emergency medical condition without regard |
62 | to ability to pay. |
63 | 6. The off-premises emergency departments must comply with |
64 | all adopted rules governing emergency care. |
65 | 7. If the main hospital is accredited, the off-premises |
66 | emergency department must be accredited by the same accrediting |
67 | organization. |
68 | 8. The off-premises emergency department must meet all |
69 | physical plant requirements, including electrical, |
70 | architectural, and mechanical requirements, of an onsite |
71 | emergency department as specified in the Florida Building Code. |
72 | The facility must also meet the requirements for Definitive |
73 | Emergency Care, as described in the Guidelines for the Design |
74 | and Construction of Health Care Facilities, 2006 edition, |
75 | incorporated by reference in section 419.2.1.2 of the Florida |
76 | Building Code. |
77 | Section 2. An off-premises emergency department of a |
78 | hospital operating as of July 1, 2007, may continue to operate |
79 | in accordance with the licensure criteria under which it was |
80 | originally approved by the Agency for Health Care |
81 | Administration. A hospital that has received a letter of |
82 | nonreviewability from the agency for an off-premises emergency |
83 | department that has had Stage 2 architectural plans approved by |
84 | July 1, 2007, is subject to the licensure criteria in existence |
85 | before July 1, 2007. |
86 | Section 3. This act shall take effect July 1, 2007. |