| 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. |