CS/HB 1361

1
A bill to be entitled
2An act relating to hospitals; amending s. 395.003, F.S.;
3providing for a hospital to apply for a license to operate
4an off-premises emergency department; providing for the
5Agency for Health Care Administration to approve the
6license, contingent upon compliance with specified
7criteria; authorizing certain off-premises emergency
8departments to operate in accordance with licensure
9criteria in effect at the time of approval; providing
10conditions under which an off-premises emergency
11department is subject to licensure criteria in effect
12before July 1, 2007; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (1) of section 395.003, Florida
17Statutes, is amended to read:
18     395.003  Licensure; issuance, renewal, denial,
19modification, suspension, and revocation.--
20     (1)(a)  A person may not establish, conduct, or maintain a
21hospital, ambulatory surgical center, or mobile surgical
22facility in this state without first obtaining a license under
23this part.
24     (b)1.  It is unlawful for a person to use or advertise to
25the public, in any way or by any medium whatsoever, any facility
26as a "hospital," "ambulatory surgical center," or "mobile
27surgical facility" unless such facility has first secured a
28license under the provisions of this part.
29     2.  This part does not apply to veterinary hospitals or to
30commercial business establishments using the word "hospital,"
31"ambulatory surgical center," or "mobile surgical facility" as a
32part of a trade name if no treatment of human beings is
33performed on the premises of such establishments.
34     3.  Until July 1, 2006, additional emergency departments
35located off the premises of licensed hospitals may not be
36authorized by the agency.
37     (c)  A hospital may apply for a license to operate an
38emergency department at a location off the hospital's premises,
39and the agency shall approve such license, if the hospital
40complies with all of the following criteria:
41     1.  The off-premises emergency department must provide
42emergency services and care for any emergency medical condition
43that is within the service capability of the hospital seeking
44the license.
45     2.  The off-premises emergency department must ensure that
46the same types of medical specialists who are available to the
47hospital seeking the license are available for consultations
48with patients of the off-premises emergency department.
49     3.  The licenseholder must provide for the transport of
50patients between the off-premises emergency department and its
51licensed hospital consistent with chapter 401. The department
52shall determine whether statewide transport and transfer
53protocols should be developed with respect to off-premises
54emergency departments and shall report its findings to the
55Governor, the President of the Senate, and the Speaker of the
56House of Representatives by January 31, 2008.
57     4.  The off-premises emergency department must be directed
58by a designated physician who is a member of the organized
59medical staff.
60     5.  The off-premises emergency department must treat all
61patients who have an emergency medical condition without regard
62to ability to pay.
63     6.  The off-premises emergency departments must comply with
64all adopted rules governing emergency care.
65     7.  If the main hospital is accredited, the off-premises
66emergency department must be accredited by the same accrediting
67organization.
68     8.  The off-premises emergency department must meet all
69physical plant requirements, including electrical,
70architectural, and mechanical requirements, of an onsite
71emergency department as specified in the Florida Building Code.
72The facility must also meet the requirements for Definitive
73Emergency Care, as described in the Guidelines for the Design
74and Construction of Health Care Facilities, 2006 edition,
75incorporated by reference in section 419.2.1.2 of the Florida
76Building Code.
77     Section 2.  An off-premises emergency department of a
78hospital operating as of July 1, 2007, may continue to operate
79in accordance with the licensure criteria under which it was
80originally approved by the Agency for Health Care
81Administration. A hospital that has received a letter of
82nonreviewability from the agency for an off-premises emergency
83department that has had Stage 2 architectural plans approved by
84July 1, 2007, is subject to the licensure criteria in existence
85before July 1, 2007.
86     Section 3.  This act shall take effect July 1, 2007.


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