Florida Senate - 2008 SB 2234

By Senator Peaden

2-03349-08 20082234__

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A bill to be entitled

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An act relating to hospitals; amending s. 395.003, F.S.;

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prohibiting the licensing of additional emergency

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departments located off the premises of a licensed

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hospital until January 1, 2010; providing exceptions;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (1) of section 395.003, Florida

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Statutes, is amended to read:

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     395.003  Licensure; denial, suspension, and revocation.--

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     (1)(a)  The requirements of part II of chapter 408 apply to

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the provision of services that require licensure pursuant to ss.

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395.001-395.1065 and part II of chapter 408 and to entities

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licensed by or applying for such licensure from the Agency for

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Health Care Administration pursuant to ss. 395.001-395.1065. A

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license issued by the agency is required in order to operate a

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hospital, ambulatory surgical center, or mobile surgical facility

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in this state.

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     (b)1.  It is unlawful for a person to use or advertise to

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the public, in any way or by any medium whatsoever, any facility

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as a "hospital," "ambulatory surgical center," or "mobile

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surgical facility" unless such facility has first secured a

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license under the provisions of this part.

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     2.  This part does not apply to veterinary hospitals or to

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commercial business establishments using the word "hospital,"

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"ambulatory surgical center," or "mobile surgical facility" as a

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part of a trade name if no treatment of human beings is performed

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on the premises of such establishments.

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     (c) Until July 1, 2006, Additional emergency departments

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located off the premises of licensed hospitals may not be

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authorized by the agency until January 1, 2010, except that a

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hospital that has commenced the licensure application process for

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an emergency department located off the premises of a licensed

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hospital, including the filing of initial documents on or before

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April 30, 2008, and has submitted Stage 2 architectural plans for

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an emergency department located off the premises of a licensed

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hospital as of July 1, 2008, or has received approval of Stage 2

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architectural plans for an emergency department located off the

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premises of a licensed hospital as of July 15, 2008, may be

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authorized and licensed by the agency upon compliance with the

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same requirements as were imposed on off-premises emergency

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departments licensed prior to July 1, 2008.

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     Section 2.  This act shall take effect July 1, 2008.

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