1 | Representative Adams offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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6 | Section 1. Paragraph (e) of subsection (2) of section |
7 | 154.503, Florida Statutes, is amended to read: |
8 | 154.503 Primary Care for Children and Families Challenge |
9 | Grant Program; creation; administration.-- |
10 | (2) The department shall: |
11 | (e) Coordinate with the primary care program developed |
12 | pursuant to s. 154.011, the Florida Healthy Kids Corporation |
13 | program created in s. 624.91, the school health services program |
14 | created in ss. 381.0056 and 381.0057, the Healthy Communities, |
15 | Healthy People Program created in s. 381.734, and the volunteer |
16 | health care provider program developed pursuant to s. 766.1115. |
17 | Section 2. Sections 381.0053, 381.0054, 381.732, 381.733, |
18 | and 381.734, Florida Statutes, are repealed. |
19 | Section 3. Subsection (16) of section 381.006, Florida |
20 | Statutes, is amended to read: |
21 | 381.006 Environmental health.--The department shall |
22 | conduct an environmental health program as part of fulfilling |
23 | the state's public health mission. The purpose of this program |
24 | is to detect and prevent disease caused by natural and manmade |
25 | factors in the environment. The environmental health program |
26 | shall include, but not be limited to: |
27 | (16) A group-care-facilities function, where a group care |
28 | facility means any public or private school, housing, building |
29 | or buildings, section of a building, or distinct part of a |
30 | building or other place, whether operated for profit or not, |
31 | which undertakes, through its ownership or management, to |
32 | provide one or more personal services, care, protection, and |
33 | supervision to persons who require such services and who are not |
34 | related to the owner or administrator. The department may adopt |
35 | rules necessary to protect the health and safety of residents, |
36 | staff, and patrons of group care facilities, such as child care |
37 | facilities, family day care homes, assisted living facilities, |
38 | adult day care centers, adult family care homes, hospices, |
39 | residential treatment facilities, crisis stabilization units, |
40 | pediatric extended care centers, intermediate care facilities |
41 | for the developmentally disabled, group care homes, and, jointly |
42 | with the Department of Education, private and public schools. |
43 | These rules may include definitions of terms; provisions |
44 | relating to operation and maintenance of facilities, buildings, |
45 | grounds, equipment, furnishings, and occupant-space |
46 | requirements; lighting; heating, cooling, and ventilation; food |
47 | service; water supply and plumbing; sewage; sanitary facilities; |
48 | insect and rodent control; garbage; safety; personnel health, |
49 | hygiene, and work practices; and other matters the department |
50 | finds are appropriate or necessary to protect the safety and |
51 | health of the residents, staff, or patrons. The department may |
52 | not adopt rules that conflict with rules adopted by the |
53 | licensing or certifying agency. The department may enter and |
54 | inspect at reasonable hours to determine compliance with |
55 | applicable statutes or rules. An environmental health program |
56 | inspection of a certified domestic violence center shall be |
57 | limited to the requirements set forth in the department's rules |
58 | applicable to community-based residential facilities with five |
59 | or fewer residents. In addition to any sanctions that the |
60 | department may impose for violations of rules adopted under this |
61 | section, the department shall also report such violations to any |
62 | agency responsible for licensing or certifying the group care |
63 | facility. The licensing or certifying agency may also impose any |
64 | sanction based solely on the findings of the department. |
65 | (17) Upon completion of the department's study to develop |
66 | passive strategies for nitrogen reduction that complement use of |
67 | conventional onsite wastewater treatment systems, the department |
68 | shall submit a final report to the Executive Office of the |
69 | Governor, the President of the Senate, and the Speaker of the |
70 | House of Representatives prior to proceeding with any nitrogen |
71 | reduction activities. |
72 | |
73 | The department may adopt rules to carry out the provisions of |
74 | this section. |
75 | Section 4. Paragraph (a) of subsection (2) of section |
76 | 381.0072, Florida Statutes, is amended to read: |
77 | 381.0072 Food service protection.--It shall be the duty of |
78 | the Department of Health to adopt and enforce sanitation rules |
79 | consistent with law to ensure the protection of the public from |
80 | food-borne illness. These rules shall provide the standards and |
81 | requirements for the storage, preparation, serving, or display |
82 | of food in food service establishments as defined in this |
83 | section and which are not permitted or licensed under chapter |
84 | 500 or chapter 509. |
85 | (2) DUTIES.-- |
86 | (a) The department shall adopt rules, including |
87 | definitions of terms which are consistent with law prescribing |
88 | minimum sanitation standards and manager certification |
89 | requirements as prescribed in s. 509.039, and which shall be |
90 | enforced in food service establishments as defined in this |
91 | section. The sanitation standards must address the construction, |
92 | operation, and maintenance of the establishment; lighting, |
93 | ventilation, laundry rooms, lockers, use and storage of toxic |
94 | materials and cleaning compounds, and first-aid supplies; plan |
95 | review; design, construction, installation, location, |
96 | maintenance, sanitation, and storage of food equipment and |
97 | utensils; employee training, health, hygiene, and work |
98 | practices; food supplies, preparation, storage, transportation, |
99 | and service, including access to the areas where food is stored |
100 | or prepared; and sanitary facilities and controls, including |
101 | water supply and sewage disposal; plumbing and toilet |
102 | facilities; garbage and refuse collection, storage, and |
103 | disposal; and vermin control. Public and private schools, if the |
104 | food service is operated by school employees; hospitals licensed |
105 | under chapter 395; nursing homes licensed under part II of |
106 | chapter 400; child care facilities as defined in s. 402.301; |
107 | residential facilities colocated with a nursing home or |
108 | hospital, if all food is prepared in a central kitchen that |
109 | complies with nursing or hospital regulations; and bars and |
110 | lounges, as defined by department rule, are exempt from the |
111 | rules developed for manager certification. The department shall |
112 | administer a comprehensive inspection, monitoring, and sampling |
113 | program to ensure such standards are maintained. With respect to |
114 | food service establishments permitted or licensed under chapter |
115 | 500 or chapter 509, the department shall assist the Division of |
116 | Hotels and Restaurants of the Department of Business and |
117 | Professional Regulation and the Department of Agriculture and |
118 | Consumer Services with rulemaking by providing technical |
119 | information. Food service inspections of a certified domestic |
120 | violence center shall be limited to the requirements set forth |
121 | in the department's rules applicable to community-based |
122 | residential facilities with five or fewer residents. |
123 | Section 5. Subsection (1) and paragraph (a) of subsection |
124 | (2) of section 381.0203, Florida Statutes, are amended to read: |
125 | 381.0203 Pharmacy services.-- |
126 | (1) The department must may contract on a statewide basis |
127 | for the purchase of drugs, as defined in s. 499.003, to be used |
128 | by state agencies and political subdivisions, and may adopt |
129 | rules to administer this section. Effective January 1, 2010, all |
130 | state agencies, except the Agency for Health Care |
131 | Administration, the Department of Veterans' Affairs, and the |
132 | Department of Management Services, must purchase drugs through |
133 | the statewide contract unless: |
134 | (a) The Pharmacy and Therapeutic Advisory Council approves |
135 | a more cost-effective purchasing plan; or |
136 | (b) The drugs required are not available through the |
137 | statewide purchasing contract. |
138 | (2) The department must may establish and maintain a |
139 | pharmacy services program that includes, including, but is not |
140 | limited to: |
141 | (a) A central pharmacy to support pharmaceutical services |
142 | provided by the county health departments, including |
143 | pharmaceutical repackaging, dispensing, and the purchase and |
144 | distribution of immunizations and other pharmaceuticals. Such |
145 | services shall be provided to other state agencies and political |
146 | subdivisions of the state upon written agreement. Cost savings |
147 | realized by the state through utilization of the central |
148 | pharmacy may be used by the department to offset additional |
149 | costs. |
150 | Section 6. Section 381.84, Florida Statutes, is |
151 | transferred, renumbered as section 385.106, Florida Statutes, |
152 | and amended to read: |
153 | 385.106 381.84 Comprehensive Statewide Tobacco Education |
154 | and Use Prevention Program.-- |
155 | (1) DEFINITIONS.--As used in this section and for purposes |
156 | of the provisions of s. 27, Art. X of the State Constitution, |
157 | the term: |
158 | (a) "AHEC network" means an area health education center |
159 | network established under s. 381.0402. |
160 | (b) "Best practices" means the Best Practices for |
161 | Comprehensive Tobacco Control Programs as established by the |
162 | CDC, as amended. |
163 | (c)(b) "CDC" means the United States Centers for Disease |
164 | Control and Prevention. |
165 | (d)(c) "Council" means the Tobacco Education and Use |
166 | Prevention Advisory Council. |
167 | (d) "Department" means the Department of Health. |
168 | (e) "Tobacco" means, without limitation, tobacco itself |
169 | and tobacco products that include tobacco and are intended or |
170 | expected for human use or consumption, including, but not |
171 | limited to, cigarettes, cigars, pipe tobacco, and smokeless |
172 | tobacco. |
173 | (f) "Youth" means minors and young adults. |
174 | (2) PURPOSE, FINDINGS, AND INTENT.--It is the purpose of |
175 | this section to implement s. 27, Art. X of the State |
176 | Constitution. The Legislature finds that s. 27, Art. X of the |
177 | State Constitution requires the funding of a statewide tobacco |
178 | education and use prevention program that focuses on tobacco use |
179 | by youth. The Legislature further finds that the primary goals |
180 | of the program are to reduce the prevalence of tobacco use among |
181 | youth, adults, and pregnant women; reduce per capita tobacco |
182 | consumption; and reduce exposure to environmental tobacco smoke. |
183 | Further, it is the intent of the Legislature to base increases |
184 | in funding for individual components of the program on the |
185 | results of assessments and evaluations. Recognizing that some |
186 | components will need to grow faster than inflation, it is the |
187 | intent of the Legislature to fund portions of the program on a |
188 | nonrecurring basis in the early years so that those components |
189 | that are most effective can be supported as the program matures. |
190 | (3) PROGRAM COMPONENTS AND REQUIREMENTS.--The department |
191 | shall conduct a comprehensive, statewide tobacco education and |
192 | use prevention program consistent with the recommendations for |
193 | effective program components contained in the 1999 Best |
194 | Practices for Comprehensive Tobacco Control Programs of the CDC, |
195 | as amended by the CDC. The program shall include the following |
196 | components, each of which shall focus on educating people, |
197 | particularly youth and their parents, about the health hazards |
198 | of tobacco and discouraging the use of tobacco. All program |
199 | components shall include efforts to educate youth and their |
200 | parents about tobacco use, and a youth-directed focus shall |
201 | exist in all components outlined in this subsection.: |
202 | (a) State and community interventions.--These |
203 | interventions shall include, but not be limited to, a statewide |
204 | tobacco control program that combines and coordinates community- |
205 | based interventions that focus on preventing initiation of |
206 | tobacco use among youth and young adults; promoting quitting |
207 | among adults, youth, and pregnant women; eliminating exposure to |
208 | secondhand smoke; identifying and eliminating tobacco-related |
209 | disparities among population groups; and promoting a range of |
210 | collaborations to prevent and alleviate the effects of chronic |
211 | diseases. Counter-marketing and advertising; cyberspace resource |
212 | center.--The counter-marketing and advertising campaign shall |
213 | include, at a minimum, Internet, print, radio, and television |
214 | advertising and shall be funded with a minimum of one-third of |
215 | the total annual appropriation required by s. 27, Art. X of the |
216 | State Constitution. A cyberspace resource center for copyrighted |
217 | materials and information concerning tobacco education and use |
218 | prevention, including cessation, shall be maintained by the |
219 | program. Such resource center must be accessible to the public, |
220 | including parents, teachers, and students, at each level of |
221 | public and private schools, universities, and colleges in the |
222 | state and shall provide links to other relevant resources. The |
223 | Internet address for the resource center must be incorporated in |
224 | all advertising. The information maintained in the resource |
225 | center shall be used by the other components of the program. |
226 | (b) Health communication interventions.--Effective media |
227 | and health communication intervention efforts include, but are |
228 | not limited to, audience research to define themes and execute |
229 | messages for influential, high impact, and specifically targeted |
230 | campaigns; market research to identify the target market and the |
231 | behavioral theory motivating change; counter-marketing |
232 | surveillance; community tie-ins to support and reinforce the |
233 | statewide campaign; technologies such as viral marketing, social |
234 | networks, personal web pages, and web logs; traditional media; |
235 | process and outcome evaluation of the communication efforts; and |
236 | promotion of available services, including the state telephone |
237 | cessation quitline. Cessation programs, counseling, and |
238 | treatment.--This program component shall include two |
239 | subcomponents: |
240 | 1. A statewide toll-free cessation service, which may |
241 | include counseling, referrals to other local resources and |
242 | support services, and treatment to the extent funds are |
243 | available for treatment services; and |
244 | 2. A local community-based program to disseminate |
245 | information about smoking cessation, how smoking cessation |
246 | relates to prenatal care and obesity prevention, and other |
247 | chronic tobacco-related diseases. |
248 | (c) Cessation interventions.--Cessation interventions |
249 | include, but are not limited to, sustaining, expanding, and |
250 | promoting the service through population-based counseling and |
251 | treatment programs; encouraging public and private insurance |
252 | coverage for counseling and FDA-approved medication treatments |
253 | for tobacco-use cessation; eliminating cost and other barriers |
254 | to treatment for underserved populations; and making health care |
255 | system changes. Youth interventions to prevent tobacco-use |
256 | initiation and encourage cessation among young people are needed |
257 | in order to reshape the environment so that it supports tobacco- |
258 | free norms. Because most people who start smoking are younger |
259 | than 18 years of age, intervening during adolescence is |
260 | critical. Community programs and school-based policies and |
261 | interventions should be a part of a comprehensive effort that is |
262 | implemented in coordination with community and school |
263 | environments and in conjunction with increasing the unit price |
264 | of tobacco products, sustaining anti-tobacco media campaigns, |
265 | making environments tobacco free, and engaging in other efforts |
266 | to create tobacco-free social norms. Surveillance and |
267 | evaluation.--The program shall conduct ongoing epidemiological |
268 | surveillance and shall contract for annual independent |
269 | evaluations of the effectiveness of the various components of |
270 | the program in meeting the goals as set forth in subsection (2). |
271 | (d) Surveillance and evaluation.--The surveillance and |
272 | evaluation of all program components shall monitor and document |
273 | short-term, intermediate, and long-term intervention outcomes to |
274 | inform program and policy direction and ensure accountability. |
275 | The surveillance and evaluation must be conducted objectively |
276 | through scientifically sound methodology. Youth school |
277 | programs.--School and after-school programs shall use current |
278 | evidence-based curricula and programs that involve youth to |
279 | educate youth about the health hazards of tobacco, help youth |
280 | develop skills to refuse tobacco, and demonstrate to youth how |
281 | to stop using tobacco. |
282 | (e) Administration and management.--Administration and |
283 | management activities include, but are not limited to, strategic |
284 | planning to guide program efforts and resources in order to |
285 | accomplish goals; recruiting and developing qualified and |
286 | diverse technical, program, and administrative staff; awarding |
287 | and monitoring program contracts and grants to coordinate |
288 | implementation across program areas; developing and maintaining |
289 | a fiscal-management system to track allocations and the |
290 | expenditure of funds; increasing capacity at the community level |
291 | through ongoing training and technical assistance; creating |
292 | effective communications internally among chronic disease |
293 | prevention programs and local coalitions and partners; and |
294 | educating the public and decisionmakers on the health effects of |
295 | tobacco and evidence-based effective program and policy |
296 | interventions. Community programs and chronic disease |
297 | prevention.--The department shall promote and support local |
298 | community-based partnerships that emphasize programs involving |
299 | youth, including programs for the prevention, detection, and |
300 | early intervention of smoking-related chronic diseases. |
301 | (f) Training.--The program shall include the training of |
302 | health care practitioners, smoking-cessation counselors, and |
303 | teachers by health professional students and other tobacco-use |
304 | prevention specialists who are trained in preventing tobacco use |
305 | and health education. Smoking-cessation counselors shall be |
306 | trained by specialists who are certified in tobacco-use |
307 | cessation. |
308 | (g) County health departments Administration, statewide |
309 | programs, and county health departments.--Each county health |
310 | department is eligible to receive a portion of the annual |
311 | appropriation, on a per capita basis, for coordinating tobacco |
312 | education and use prevention programs within that county. |
313 | Appropriated funds may be used to improve the infrastructure of |
314 | the county health department to implement the comprehensive, |
315 | statewide tobacco education and use prevention program. Each |
316 | county health department shall prominently display in all |
317 | treatment rooms and waiting rooms, counter-marketing and |
318 | advertisement materials in the form of wall posters, brochures, |
319 | television advertising if televisions are used in the lobby or |
320 | waiting room, and screensavers and Internet advertising if |
321 | computer kiosks are available for use or viewing by people at |
322 | the county health department. |
323 | (h) Enforcement and awareness of related laws.--In |
324 | coordination with the Department of Business and Professional |
325 | Regulation, the program shall monitor the enforcement of laws, |
326 | rules, and policies prohibiting the sale or other provision of |
327 | tobacco to minors, as well as the continued enforcement of the |
328 | Clean Indoor Air Act prescribed in chapter 386. The |
329 | advertisements produced in accordance with paragraph (b) |
330 | paragraph (a) may also include information designed to make the |
331 | public aware of these related laws and rules. The departments |
332 | may enter into interagency agreements to carry out this program |
333 | component. |
334 | (i) AHEC smoking-cessation initiative.--For the 2007-2008 |
335 | and 2008-2009 fiscal years only, The AHEC network shall expand |
336 | the AHEC smoking-cessation initiative to each county within the |
337 | state and perform other activities as determined by the |
338 | department. |
339 | (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND |
340 | MEETINGS.--The Tobacco Education and Use Prevention Advisory |
341 | Council is created within the department. |
342 | (a) The council shall consist of 23 members, including: |
343 | 1. The State Surgeon General, who shall serve as the |
344 | chairperson. |
345 | 2. One county health department director, appointed by the |
346 | State Surgeon General. |
347 | 3. Two members appointed by the Commissioner of Education, |
348 | of whom one must be a school district superintendent. |
349 | 4. The chief executive officer of the Florida Division of |
350 | the American Cancer Society, or his or her designee. |
351 | 5. The chief executive officer of the Greater Southeast |
352 | Affiliate of the American Heart Association, or his or her |
353 | designee. |
354 | 6. The chief executive officer of the American Lung |
355 | Association of Florida, or his or her designee. |
356 | 7. The dean of the University of Miami School of Medicine, |
357 | or his or her designee. |
358 | 8. The dean of the University of Florida College of |
359 | Medicine, or his or her designee. |
360 | 9. The dean of the University of South Florida College of |
361 | Medicine, or his or her designee. |
362 | 10. The dean of the Florida State University College of |
363 | Medicine, or his or her designee. |
364 | 11. The dean of Nova Southeastern College of Osteopathic |
365 | Medicine, or his or her designee. |
366 | 12. The dean of the Lake Erie College of Osteopathic |
367 | Medicine in Bradenton, Florida, or his or her designee. |
368 | 13. The chief executive officer of the Campaign for |
369 | Tobacco Free Kids, or his or her designee. |
370 | 14. The chief executive officer of the Legacy Foundation, |
371 | or his or her designee. |
372 | 15. Four members appointed by the Governor, of whom two |
373 | must have expertise in the field of tobacco-use prevention and |
374 | education or smoking cessation and one individual who shall be |
375 | between the ages of 16 and 21 at the time of his or her |
376 | appointment. |
377 | 16. Two members appointed by the President of the Senate, |
378 | of whom one must have expertise in the field of tobacco-use |
379 | prevention and education or smoking cessation. |
380 | 17. Two members appointed by the Speaker of the House of |
381 | Representatives, of whom one must have expertise in the field of |
382 | tobacco-use prevention and education or smoking cessation. |
383 | (b) The appointments shall be for 3-year terms and shall |
384 | reflect the diversity of the state's population. A vacancy shall |
385 | be filled by appointment by the original appointing authority |
386 | for the unexpired portion of the term. |
387 | (c) An appointed member may not serve more than two |
388 | consecutive terms. |
389 | (d) The council shall meet at least quarterly and upon the |
390 | call of the chairperson. Meetings may be held via teleconference |
391 | or other electronic means. |
392 | (e) Members of the council shall serve without |
393 | compensation, but are entitled to reimbursement for per diem and |
394 | travel expenses pursuant to s. 112.061. Members who are state |
395 | officers or employees or who are appointed by state officers or |
396 | employees shall be reimbursed for per diem and travel expenses |
397 | pursuant to s. 112.061 from the state agency through which they |
398 | serve. |
399 | (f) The council shall adhere to all state ethics laws. |
400 | Meetings of the council and the review panels are subject to |
401 | chapter 119, s. 286.011, and s. 24, Art. I of the State |
402 | Constitution. The department shall provide council members with |
403 | information and other assistance as is reasonably necessary to |
404 | assist the council in carrying out its responsibilities. |
405 | (5) COUNCIL DUTIES AND RESPONSIBILITIES.--The council |
406 | shall advise the State Surgeon General as to the direction and |
407 | scope of the Comprehensive Statewide Tobacco Education and Use |
408 | Prevention Program. The responsibilities of the council may |
409 | include, but are not limited to: |
410 | (a) Providing advice on program priorities and emphases. |
411 | (b) Providing advice on the overall program budget. |
412 | (c) Providing advice on copyrighted material, trademark, |
413 | and future transactions as they pertain to the tobacco education |
414 | and use prevention program. |
415 | (d) Reviewing, as requested by the department, broadcast |
416 | material prepared for the Internet, portable media players, |
417 | radio, and television advertisement as it relates to the |
418 | advertising component of the tobacco education and use |
419 | prevention program. |
420 | (e) Participating in periodic program evaluation, as |
421 | requested by the department. |
422 | (f) Assisting the department in developing the development |
423 | of guidelines to ensure fairness, neutrality, and adherence to |
424 | the principles of merit and quality in the conduct of the |
425 | program. |
426 | (g) Assisting the department in developing the development |
427 | of administrative procedures relating to solicitation, review, |
428 | and award of contracts and grants in order to ensure an |
429 | impartial, high-quality peer review system. |
430 | (h) Assisting the department in developing panels to |
431 | review and evaluate potential fund recipients the development |
432 | and supervision of peer review panels. |
433 | (i) Assisting the department in reviewing reports of peer |
434 | review panels and making recommendations for funding allocations |
435 | contracts and grants. |
436 | (j) Assisting the department in reviewing the activities |
437 | and evaluating the performance of the AHEC network to avoid |
438 | duplicative efforts using state funds. |
439 | (k) Recommending specific measureable outcomes meaningful |
440 | outcome measures through a regular review of evidence-based and |
441 | promising tobacco-use prevention and education strategies and |
442 | programs of other states and the Federal Government. |
443 | (l) Recommending policies to encourage a coordinated |
444 | response to tobacco use in this state, focusing specifically on |
445 | creating partnerships within and between the public and private |
446 | sectors. |
447 | (6) CONTRACT REQUIREMENTS.--Contracts or grants for the |
448 | program components or subcomponents described in paragraphs |
449 | (3)(a)-(f) shall be awarded by the State Surgeon General, after |
450 | consultation with the council, on the basis of merit, as |
451 | determined by an open, competitive, peer-reviewed process that |
452 | ensures objectivity, consistency, and high quality. The |
453 | department shall award such grants or contracts no later than |
454 | October 1 for each fiscal year. A recipient of a contract or |
455 | grant for the program component described in paragraph (3)(d) |
456 | (3)(c) is not eligible for a contract or grant award for any |
457 | other program component described in subsection (3) in the same |
458 | state fiscal year. A school or college of medicine that is |
459 | represented on the council is not eligible to receive a contract |
460 | or grant under this section. For the 2007-2008 and 2008-2009 |
461 | fiscal years only, The department shall award a contract or |
462 | grant in the amount of $11 $10 million to the AHEC network for |
463 | the purpose of developing the components described in paragraph |
464 | (3)(i). The AHEC network may apply for a competitive contract or |
465 | grant after the 2008-2009 fiscal year. |
466 | (a) In order to ensure that all proposals for funding are |
467 | appropriate and are evaluated fairly on the basis of merit, the |
468 | State Surgeon General, in consultation with the council, shall |
469 | appoint a peer review panel of independent, qualified experts in |
470 | the field of tobacco control to review the content of each |
471 | proposal and establish its priority score. The priority scores |
472 | shall be forwarded to the council and must be considered in |
473 | determining which proposals will be recommended for funding. |
474 | (b) The council and the peer review panel shall establish |
475 | and follow rigorous guidelines for ethical conduct and adhere to |
476 | a strict policy with regard to conflicts of interest. Council |
477 | members are subject to the applicable provisions of chapter 112. |
478 | A member of the council or panel may not participate in any |
479 | discussion or decision with respect to a research proposal by |
480 | any firm, entity, or agency with which the member is associated |
481 | as a member of the governing body or as an employee or with |
482 | which the member has entered into a contractual arrangement. |
483 | Meetings of the council and the peer review panels are subject |
484 | to chapter 119, s. 286.011, and s. 24, Art. I of the State |
485 | Constitution. |
486 | (c) In each contract or grant agreement, the department |
487 | shall limit the use of food and promotional items to no more |
488 | than 2.5 percent of the total amount of the contract or grant |
489 | and limit overhead or indirect costs to no more than 7.5 percent |
490 | of the total amount of the contract or grant. The department, in |
491 | consultation with the Department of Financial Services, shall |
492 | publish guidelines for appropriate food and promotional items. |
493 | (d) In each advertising contract, the department shall |
494 | limit the total of production fees, buyer commissions, and |
495 | related costs to no more than 10 percent of the total contract |
496 | amount. |
497 | (e) Notwithstanding the competitive process for contracts |
498 | prescribed in this subsection, each county health department is |
499 | eligible for core funding, on a per capita basis, to implement |
500 | tobacco education and use prevention activities within that |
501 | county. |
502 | (7) ANNUAL REPORT REQUIRED.--By February 28 January 31 of |
503 | each year, the department shall provide to the Governor, the |
504 | President of the Senate, and the Speaker of the House of |
505 | Representatives a report that evaluates the program's |
506 | effectiveness in reducing and preventing tobacco use and that |
507 | recommends improvements to enhance the program's effectiveness. |
508 | The report must contain, at a minimum, an annual survey of youth |
509 | attitudes and behavior toward tobacco, as well as a description |
510 | of the progress in reducing the prevalence of tobacco use among |
511 | youth, adults, and pregnant women; reducing per capita tobacco |
512 | consumption; and reducing exposure to environmental tobacco |
513 | smoke. |
514 | (8) LIMITATION ON ADMINISTRATIVE EXPENSES.--From the total |
515 | funds appropriated for the Comprehensive Statewide Tobacco |
516 | Education and Use Prevention Program in the General |
517 | Appropriations Act, an amount of up to 5 percent may be used by |
518 | the department for administrative expenses. |
519 | (9) RULEMAKING AUTHORIZED.--By January 1, 2008, the |
520 | department shall adopt rules pursuant to ss. 120.536(1) and |
521 | 120.54 to administer this section. |
522 | Section 7. Section 381.91, Florida Statutes, is |
523 | transferred and renumbered as section 385.2024, Florida |
524 | Statutes, to read: |
525 | 385.2024 381.91 Jessie Trice Cancer Prevention Program.-- |
526 | (1) It is the intent of the Legislature to: |
527 | (a) Reduce the rates of illness and death from lung cancer |
528 | and other cancers and improve the quality of life among low- |
529 | income African-American and Hispanic populations through |
530 | increased access to early, effective screening and diagnosis, |
531 | education, and treatment programs. |
532 | (b) Create a community faith-based disease-prevention |
533 | program in conjunction with the Health Choice Network and other |
534 | community health centers to build upon the natural referral and |
535 | education networks in place within minority communities and to |
536 | increase access to health service delivery in Florida. |
537 | (c) Establish a funding source to build upon local private |
538 | participation to sustain the operation of the program. |
539 | (2)(a) There is created the Jessie Trice Cancer Prevention |
540 | Program, to be located, for administrative purposes, within the |
541 | Department of Health, and operated from the community health |
542 | centers within the Health Choice Network in Florida. |
543 | (b) Funding may be provided to develop contracts with |
544 | community health centers and local community faith-based |
545 | education programs to provide cancer screening, diagnosis, |
546 | education, and treatment services to low-income populations |
547 | throughout the state. |
548 | Section 8. Section 381.911, Florida Statutes, is |
549 | transferred, renumbered as section 385.2023, Florida Statutes, |
550 | and amended to read: |
551 | 385.2023 381.911 Prostate Cancer Awareness Program.-- |
552 | (1) To the extent that funds are specifically made |
553 | available for this purpose, the Prostate Cancer Awareness |
554 | Program is established within the Department of Health. The |
555 | purpose of this program is to implement the recommendations of |
556 | January 2000 of the Florida Prostate Cancer Task Force to |
557 | provide for statewide outreach and health education activities |
558 | to ensure that men are aware of and appropriately seek medical |
559 | counseling for prostate cancer as an early-detection health care |
560 | measure. |
561 | (2) For purposes of implementing the program, the |
562 | Department of Health and the Florida Public Health Foundation, |
563 | Inc., may: |
564 | (a) Conduct activities directly or enter into a contract |
565 | with a qualified nonprofit community education entity. |
566 | (b) Seek any available gifts, grants, or funds from the |
567 | state, the Federal Government, philanthropic foundations, and |
568 | industry or business groups. |
569 | (3) A prostate cancer advisory committee is created to |
570 | advise and assist the Department of Health and the Florida |
571 | Public Health Foundation, Inc., in implementing the program. |
572 | (a) The State Surgeon General shall appoint the advisory |
573 | committee members, who shall consist of: |
574 | 1. Three persons from prostate cancer survivor groups or |
575 | cancer-related advocacy groups. |
576 | 2. Three persons who are scientists or clinicians from |
577 | public or nonpublic universities or research organizations. |
578 | 3. Three persons who are engaged in the practice of a |
579 | cancer-related medical specialty from health organizations |
580 | committed to cancer research and control. |
581 | (b) Members shall serve without compensation but are |
582 | entitled to reimbursement, pursuant to s. 112.061, for per diem |
583 | and travel expenses incurred in the performance of their |
584 | official duties. |
585 | (4) The program shall coordinate its efforts with those of |
586 | the Florida Public Health Foundation, Inc. |
587 | Section 9. Section 381.912, Florida Statutes, is repealed. |
588 | Section 10. Section 381.92, Florida Statutes, is |
589 | transferred and renumbered as section 385.2025, Florida |
590 | Statutes, to read: |
591 | 385.2025 381.92 Florida Cancer Council.-- |
592 | (1) Effective July 1, 2004, the Florida Cancer Council |
593 | within the Department of Health is established for the purpose |
594 | of making the state a center of excellence for cancer research. |
595 | (2)(a) The council shall be representative of the state's |
596 | cancer centers, hospitals, and patient groups and shall be |
597 | organized and shall operate in accordance with this act. |
598 | (b) The Florida Cancer Council may create not-for-profit |
599 | corporate subsidiaries to fulfill its mission. The council and |
600 | its subsidiaries are authorized to receive, hold, invest, and |
601 | administer property and any moneys acquired from private, local, |
602 | state, and federal sources, as well as technical and |
603 | professional income generated or derived from the mission- |
604 | related activities of the council. |
605 | (c) The members of the council shall consist of: |
606 | 1. The chair of the Florida Dialogue on Cancer, who shall |
607 | serve as the chair of the council; |
608 | 2. The State Surgeon General or his or her designee; |
609 | 3. The chief executive officer of the H. Lee Moffitt |
610 | Cancer Center or his or her designee; |
611 | 4. The director of the University of Florida Shands Cancer |
612 | Center or his or her designee; |
613 | 5. The chief executive officer of the University of Miami |
614 | Sylvester Comprehensive Cancer Center or his or her designee; |
615 | 6. The chief executive officer of the Mayo Clinic, |
616 | Jacksonville, or his or her designee; |
617 | 7. The chief executive officer of the American Cancer |
618 | Society, Florida Division, Inc., or his or her designee; |
619 | 8. The president of the American Cancer Society, Florida |
620 | Division, Inc., Board of Directors or his or her designee; |
621 | 9. The president of the Florida Society of Clinical |
622 | Oncology or his or her designee; |
623 | 10. The president of the American College of Surgeons, |
624 | Florida Chapter, or his or her designee; |
625 | 11. The chief executive officer of Enterprise Florida, |
626 | Inc., or his or her designee; |
627 | 12. Five representatives from cancer programs approved by |
628 | the American College of Surgeons. Three shall be appointed by |
629 | the Governor, one shall be appointed by the Speaker of the House |
630 | of Representatives, and one shall be appointed by the President |
631 | of the Senate; |
632 | 13. One member of the House of Representatives, to be |
633 | appointed by the Speaker of the House of Representatives; and |
634 | 14. One member of the Senate, to be appointed by the |
635 | President of the Senate. |
636 | (d) Appointments made by the Speaker of the House of |
637 | Representatives and the President of the Senate pursuant to |
638 | paragraph (c) shall be for 2-year terms, concurrent with the |
639 | bienniums in which they serve as presiding officers. |
640 | (e) Appointments made by the Governor pursuant to |
641 | paragraph (c) shall be for 2-year terms, although the Governor |
642 | may reappoint members. |
643 | (f) Members of the council or any subsidiaries shall serve |
644 | without compensation, and each organization represented on the |
645 | council shall cover the expenses of its representatives. |
646 | (3) The council shall issue an annual report to the Center |
647 | for Universal Research to Eradicate Disease, the Governor, the |
648 | Speaker of the House of Representatives, and the President of |
649 | the Senate by December 15 of each year, with policy and funding |
650 | recommendations regarding cancer research capacity in Florida |
651 | and related issues. |
652 | Section 11. Section 381.921, Florida Statutes, is |
653 | transferred and renumbered as section 385.20251, Florida |
654 | Statutes, to read: |
655 | 385.20251 381.921 Florida Cancer Council mission and |
656 | duties.--The council, which shall work in concert with the |
657 | Florida Center for Universal Research to Eradicate Disease to |
658 | ensure that the goals of the center are advanced, shall endeavor |
659 | to dramatically improve cancer research and treatment in this |
660 | state through: |
661 | (1) Efforts to significantly expand cancer research |
662 | capacity in the state by: |
663 | (a) Identifying ways to attract new research talent and |
664 | attendant national grant-producing researchers to cancer |
665 | research facilities in this state; |
666 | (b) Implementing a peer-reviewed, competitive process to |
667 | identify and fund the best proposals to expand cancer research |
668 | institutes in this state; |
669 | (c) Funding through available resources for those |
670 | proposals that demonstrate the greatest opportunity to attract |
671 | federal research grants and private financial support; |
672 | (d) Encouraging the employment of bioinformatics in order |
673 | to create a cancer informatics infrastructure that enhances |
674 | information and resource exchange and integration through |
675 | researchers working in diverse disciplines, to facilitate the |
676 | full spectrum of cancer investigations; |
677 | (e) Facilitating the technical coordination, business |
678 | development, and support of intellectual property as it relates |
679 | to the advancement of cancer research; and |
680 | (f) Aiding in other multidisciplinary research-support |
681 | activities as they inure to the advancement of cancer research. |
682 | (2) Efforts to improve both research and treatment through |
683 | greater participation in clinical trials networks by: |
684 | (a) Identifying ways to increase adult enrollment in |
685 | cancer clinical trials; |
686 | (b) Supporting public and private professional education |
687 | programs designed to increase the awareness and knowledge about |
688 | cancer clinical trials; |
689 | (c) Providing tools to cancer patients and community-based |
690 | oncologists to aid in the identification of cancer clinical |
691 | trials available in the state; and |
692 | (d) Creating opportunities for the state's academic cancer |
693 | centers to collaborate with community-based oncologists in |
694 | cancer clinical trials networks. |
695 | (3) Efforts to reduce the impact of cancer on disparate |
696 | groups by: |
697 | (a) Identifying those cancers that disproportionately |
698 | impact certain demographic groups; and |
699 | (b) Building collaborations designed to reduce health |
700 | disparities as they relate to cancer. |
701 | Section 12. Paragraph (a) of subsection (2) and subsection |
702 | (5) of section 381.922, Florida Statutes, as amended by section |
703 | 2 of chapter 2009-5, Laws of Florida, is amended to read: |
704 | 381.922 William G. "Bill" Bankhead, Jr., and David Coley |
705 | Cancer Research Program.-- |
706 | (2) The program shall provide grants for cancer research |
707 | to further the search for cures for cancer. |
708 | (a) Emphasis shall be given to the goals enumerated in s. |
709 | 385.20251 s. 381.921, as those goals support the advancement of |
710 | such cures. |
711 | (5) For the 2008-2009 fiscal year and each fiscal year |
712 | thereafter, the sum of $6.75 million is appropriated annually |
713 | from recurring funds in the General Revenue Fund to the |
714 | Biomedical Research Trust Fund within the Department of Health |
715 | for purposes of the William G. "Bill" Bankhead, Jr., and David |
716 | Coley Cancer Research Program and shall be distributed pursuant |
717 | to this section to provide grants to researchers seeking cures |
718 | for cancer, with emphasis given to the goals enumerated in s. |
719 | 385.20251 s. 381.921. From the total funds appropriated, an |
720 | amount of up to 10 percent may be used for administrative |
721 | expenses. |
722 | Section 13. Section 381.93, Florida Statutes, is |
723 | transferred and renumbered as section 385.2021, Florida |
724 | Statutes, to read: |
725 | 385.2021 381.93 Breast and cervical cancer early detection |
726 | program.--This section may be cited as the "Mary Brogan Breast |
727 | and Cervical Cancer Early Detection Program Act." |
728 | (1) It is the intent of the Legislature to reduce the |
729 | rates of death due to breast and cervical cancer through early |
730 | diagnosis and increased access to early screening, diagnosis, |
731 | and treatment programs. |
732 | (2) The Department of Health, using available federal |
733 | funds and state funds appropriated for that purpose, is |
734 | authorized to establish the Mary Brogan Breast and Cervical |
735 | Cancer Screening and Early Detection Program to provide |
736 | screening, diagnosis, evaluation, treatment, case management, |
737 | and followup and referral to the Agency for Health Care |
738 | Administration for coverage of treatment services. |
739 | (3) The Mary Brogan Breast and Cervical Cancer Early |
740 | Detection Program shall be funded through grants for such |
741 | screening and early detection purposes from the federal Centers |
742 | for Disease Control and Prevention under Title XV of the Public |
743 | Health Service Act, 42 U.S.C. ss. 300k et seq. |
744 | (4) The department shall limit enrollment in the program |
745 | to persons with incomes up to and including 200 percent of the |
746 | federal poverty level. The department shall establish an |
747 | eligibility process that includes an income-verification process |
748 | to ensure that persons served under the program meet income |
749 | guidelines. |
750 | (5) The department may provide other breast and cervical |
751 | cancer screening and diagnostic services; however, such services |
752 | shall be funded separately through other sources than this act. |
753 | Section 14. Section 381.931, Florida Statutes, is |
754 | transferred and renumbered as section 385.20211, Florida |
755 | Statutes, to read: |
756 | 385.20211 381.931 Annual report on Medicaid |
757 | expenditures.--The Department of Health and the Agency for |
758 | Health Care Administration shall monitor the total Medicaid |
759 | expenditures for services made under this act. If Medicaid |
760 | expenditures are projected to exceed the amount appropriated by |
761 | the Legislature, the Department of Health shall limit the number |
762 | of screenings to ensure Medicaid expenditures do not exceed the |
763 | amount appropriated. The Department of Health, in cooperation |
764 | with the Agency for Health Care Administration, shall prepare an |
765 | annual report that must include the number of women screened; |
766 | the percentage of positive and negative outcomes; the number of |
767 | referrals to Medicaid and other providers for treatment |
768 | services; the estimated number of women who are not screened or |
769 | not served by Medicaid due to funding limitations, if any; the |
770 | cost of Medicaid treatment services; and the estimated cost of |
771 | treatment services for women who were not screened or referred |
772 | for treatment due to funding limitations. The report shall be |
773 | submitted to the President of the Senate, the Speaker of the |
774 | House of Representatives, and the Executive Office of the |
775 | Governor by March 1 of each year. |
776 | Section 15. Chapter 385, Florida Statutes, entitled |
777 | "Chronic Diseases," is renamed the "Healthy and Fit Florida |
778 | Act." |
779 | Section 16. Section 385.101, Florida Statutes, is amended |
780 | to read: |
781 | 385.101 Short title.--This chapter Sections 385.101- |
782 | 385.103 may be cited as the "Healthy and Fit Florida Chronic |
783 | Diseases Act." |
784 | Section 17. Section 385.102, Florida Statutes, is amended |
785 | to read: |
786 | 385.102 Legislative intent.--It is the finding of the |
787 | Legislature that: |
788 | (1) Chronic diseases continue to be the leading cause of |
789 | death and disability in this state and the country exist in high |
790 | proportions among the people of this state. These Chronic |
791 | diseases include, but are not limited to, arthritis, |
792 | cardiovascular disease heart disease, hypertension, diabetes, |
793 | renal disease, cancer, and chronic obstructive lung disease. |
794 | These diseases are often have the same preventable risk factors |
795 | interrelated, and they directly and indirectly account for a |
796 | high rate of death, disability, and underlying costs to the |
797 | state's health care system illness. |
798 | (2) Chronic diseases have a significant impact on quality |
799 | of life, not only for the individuals who experience their |
800 | painful symptoms and resulting disabilities, but also for family |
801 | members and caregivers. |
802 | (3) Racial and ethnic minorities and other underserved |
803 | populations are disproportionately affected by chronic diseases. |
804 | (4) There are enormous medical costs and lost wages |
805 | associated with chronic diseases and their complications. |
806 | (5)(2) Advances in medical knowledge and technology assist |
807 | have assisted in the prevention, detection, and management of |
808 | chronic diseases. Comprehensive approaches that stress the |
809 | stressing application of current medical treatment, continuing |
810 | research, professional training, and patient education, and |
811 | community-level policy and environmental changes should be |
812 | implemented encouraged. |
813 | (6)(3) A comprehensive program dealing with the early |
814 | detection and prevention of chronic diseases is required to make |
815 | knowledge and therapy available to all people of this state. The |
816 | mobilization of scientific, medical, and educational resources, |
817 | along with the implementation of community-based policy under |
818 | one comprehensive chronic disease law, act will facilitate the |
819 | prevention, early intervention, and management treatment of |
820 | chronic these diseases and their symptoms. This integration of |
821 | resources and policy will and result in a decline in death and |
822 | disability illness among the people of this state. |
823 | (7) Chronic diseases account for 70 percent of all deaths |
824 | in the United States. The following chronic diseases are the |
825 | leading causes of death and disability: |
826 | (a) Heart disease and stroke, which have remained the |
827 | first and third leading causes of death for both men and women |
828 | in the United States for over seven decades and account for |
829 | approximately one-third of total deaths each year in this state. |
830 | (b) Cancer, which is the second leading cause of death and |
831 | is responsible for one in four deaths in this state. |
832 | (c) Lung disease, which is the third leading cause of |
833 | death and accounts for one in every six deaths in this state. |
834 | (d) Diabetes, which is the sixth leading cause of death in |
835 | this state. |
836 | (e) Arthritis, which is the leading cause of disability in |
837 | the United States, limiting daily activities for more than 19 |
838 | million citizens. In this state, arthritis limits daily |
839 | activities for an estimated 1.3 million people. |
840 | (8) The department shall establish, promote, and maintain |
841 | state-level and local-level programs for chronic disease |
842 | prevention and health promotion to the extent that funds are |
843 | specifically made available for this purpose. |
844 | Section 18. Section 385.1021, Florida Statutes, is created |
845 | to read: |
846 | 385.1021 Definitions.--As used in this chapter, the term: |
847 | (1) "CDC" means the United States Centers for Disease |
848 | Control and Prevention. |
849 | (2) "Chronic disease" means an illness that is prolonged, |
850 | does not resolve spontaneously, and is rarely cured completely. |
851 | (3) "Department" means the Department of Health. |
852 | (4) "Environmental changes" means changes to the economic, |
853 | social, or physical natural or built environments which |
854 | encourage or enable behaviors. |
855 | (5) "Policy change" means altering an informal or formal |
856 | agreement between public or private sectors which sets forth |
857 | values, behaviors, or resource allocation in order to improve |
858 | health. |
859 | (6) "Primary prevention" means an intervention that is |
860 | directed toward healthy populations and focuses on avoiding |
861 | disease before it occurs. |
862 | (7) "Risk factor" means a characteristic or condition |
863 | identified during the course of an epidemiological study of a |
864 | disease that appears to be statistically associated with a high |
865 | incidence of that disease. |
866 | (8) "Secondary prevention" means an intervention that is |
867 | designed to promote the early detection and management of |
868 | diseases and reduce the risks experienced by at-risk |
869 | populations. |
870 | (9) "System changes" means altering standard activities, |
871 | protocols, policies, processes, and structures carried out in |
872 | population-based settings, such as schools, worksites, health |
873 | care facilities, faith-based organizations, and the overall |
874 | community, which promote and support new behaviors. |
875 | (10) "Tertiary prevention" means an intervention that is |
876 | directed at rehabilitating and minimizing the effects of disease |
877 | in a chronically ill population. |
878 | (11) "Tobacco" means, without limitation, tobacco itself |
879 | and tobacco products that include tobacco and are intended or |
880 | expected for human use or consumption, including, but not |
881 | limited to, cigarettes, cigars, pipe tobacco, and smokeless |
882 | tobacco. |
883 | (12) "Wellness program" means a structured program that is |
884 | designed or approved by the department to offer intervention |
885 | activities on or off the worksite which help state employees |
886 | change certain behaviors or adopt healthy lifestyles. |
887 | (13) "Youth" means children and young adults, up through |
888 | 24 years of age, inclusive. |
889 | Section 19. Section 385.1022, Florida Statutes, is created |
890 | to read: |
891 | 385.1022 Chronic disease prevention program.--The |
892 | department shall support public health programs to reduce the |
893 | incidence of mortality and morbidity from diseases for which |
894 | risk factors can be identified. Such risk factors include, but |
895 | are not limited to, being overweight or obese, physical |
896 | inactivity, poor nutrition and diet, tobacco use, sun exposure, |
897 | and other practices that are detrimental to health. The programs |
898 | shall educate and screen the general public as well as groups at |
899 | particularly high risk of chronic diseases. |
900 | Section 20. Section 385.1023, Florida Statutes, is created |
901 | to read: |
902 | 385.1023 State-level prevention programs for chronic |
903 | disease.-- |
904 | (1) The department shall create state-level programs that |
905 | address the leading, preventable chronic disease risk factors of |
906 | poor nutrition and obesity, tobacco use, sun exposure, and |
907 | physical inactivity in order to decrease the incidence of |
908 | arthritis, cancer, diabetes, heart disease, lung disease, |
909 | stroke, and other chronic diseases. |
910 | (2) State-level programs shall address, but need not be |
911 | limited to, the following activities: |
912 | (a) Monitoring specific causal and behavioral risk factors |
913 | that affect the health of residents in the state. |
914 | (b) Analyzing data regarding chronic disease mortality and |
915 | morbidity to track changes over time. |
916 | (c) Promoting public awareness and increasing knowledge |
917 | concerning the causes of chronic diseases, the importance of |
918 | early detection, diagnosis, and appropriate evidence-based |
919 | prevention, management, and treatment strategies. |
920 | (d) Disseminating educational materials and information |
921 | concerning evidence-based results, available services, and |
922 | pertinent new research findings and prevention strategies to |
923 | patients, health insurers, health professionals, and the public. |
924 | (e) Using education and training resources and services |
925 | developed by organizations having appropriate expertise and |
926 | knowledge of chronic diseases for technical assistance. |
927 | (f) Evaluating the quality and accessibility of existing |
928 | community-based services for chronic disease. |
929 | (g) Increasing awareness among state and local officials |
930 | involved in health and human services, health professionals and |
931 | providers, and policymakers about evidence-based chronic-disease |
932 | prevention, tobacco cessation, and treatment strategies and |
933 | their benefits for people who have chronic diseases. |
934 | (h) Developing a partnership with state and local |
935 | governments, voluntary health organizations, hospitals, health |
936 | insurers, universities, medical centers, employer groups, |
937 | private companies, and health care providers to address the |
938 | burden of chronic disease in this state. |
939 | (i) Implementing and coordinating state-level policies in |
940 | order to reduce the burden of chronic disease. |
941 | (j) Providing lasting improvements in the delivery of |
942 | health care for individuals who have chronic disease and their |
943 | families, thus improving their quality of life while also |
944 | containing health care costs. |
945 | Section 21. Section 385.103, Florida Statutes, is amended |
946 | to read: |
947 | 385.103 Community-level Community intervention programs |
948 | for chronic disease prevention and health promotion.-- |
949 | (1) DEFINITIONS.--As used in this section, the term: |
950 | (a) "Chronic disease prevention and health promotion |
951 | control program" means a program that may include, but is not |
952 | limited to, including a combination of the following elements: |
953 | 1. Staff who are sufficiently trained and skilled in |
954 | public health, community health, or school health education to |
955 | facilitate the operation of the program Health screening; |
956 | 2. Community input into the planning, implementation, and |
957 | evaluation processes Risk factor detection; |
958 | 3. Use of public health data to make decisions and to |
959 | develop and prioritize community-based interventions focusing on |
960 | chronic diseases and their risk factors; Appropriate |
961 | intervention to enable and encourage changes in behaviors that |
962 | create health risks; and |
963 | 4. Adherence to a population-based approach by using a |
964 | socioecological model that addresses the influence on individual |
965 | behavior, interpersonal behavior, organizational behavior, the |
966 | community, and public policy; Counseling in nutrition, physical |
967 | activity, the effects of tobacco use, hypertension, blood |
968 | pressure control, and diabetes control and the provision of |
969 | other clinical prevention services. |
970 | 5. Focus on at least the common preventable risk factors |
971 | for chronic disease, such as physical inactivity, obesity, poor |
972 | nutrition, and tobacco use; |
973 | 6. Focus on developing and implementing interventions and |
974 | activities through communities, schools, worksites, faith-based |
975 | organizations, and health-care settings; |
976 | 7. Use of evidence-based interventions as well as best and |
977 | promising practices to guide specific activities and effect |
978 | change, which may include guidelines developed by organizations, |
979 | volunteer scientists, and health care professionals who write |
980 | published medical, scientific statements on various chronic |
981 | disease topics. The statements shall be supported by scientific |
982 | studies published in recognized journals that have a rigorous |
983 | review and approval process. Scientific statements generally |
984 | include a review of data available on a specific subject and an |
985 | evaluation of its relationship to overall chronic disease |
986 | science; |
987 | 8. Use of policy, system, and environmental changes that |
988 | support healthy behaviors so as to affect large segments of the |
989 | population and encourage healthy choices; |
990 | 9. Development of extensive and comprehensive evaluation |
991 | that is linked to program planning at the state level and the |
992 | community level in order to determine the program's |
993 | effectiveness or necessary program modifications; and |
994 | 10. Reduction of duplication of efforts through |
995 | coordination among appropriate entities for the efficient use of |
996 | resources. |
997 | (b) "Community Health education program" means a program |
998 | that follows involving the planned and coordinated use of the |
999 | educational standards and teaching methods resources available |
1000 | in a community in an effort to provide: |
1001 | 1. Appropriate medical, research-based interventions to |
1002 | enable and encourage changes in behaviors which reduce or |
1003 | eliminate health risks; |
1004 | 2. Counseling in nutrition, weight management, physical |
1005 | inactivity, and tobacco-use prevention and cessation strategies; |
1006 | hypertension, blood pressure, high cholesterol, and diabetes |
1007 | control; and other clinical prevention services; |
1008 | 3.1. Motivation and assistance to individuals or groups in |
1009 | adopting and maintaining Motivate and assist citizens to adopt |
1010 | and maintain healthful practices and lifestyles; and |
1011 | 4.2. Make available Learning opportunities that which will |
1012 | increase the ability of people to make informed decisions |
1013 | affecting their personal, family, and community well-being and |
1014 | that which are designed to facilitate voluntary adoption of |
1015 | behavior that which will improve or maintain health.; |
1016 | 3. Reduce, through coordination among appropriate |
1017 | agencies, duplication of health education efforts; and |
1018 | 4. Facilitate collaboration among appropriate agencies for |
1019 | efficient use of scarce resources. |
1020 | (c) "Community intervention program" means a program |
1021 | combining the required elements of a chronic disease prevention |
1022 | and health promotion control program and the principles of a |
1023 | community health education program that addresses system, |
1024 | policy, and environmental changes that ensure that communities |
1025 | provide support for healthy lifestyles into a unified program |
1026 | over which a single administrative entity has authority and |
1027 | responsibility. |
1028 | (d) "Department" means the Department of Health. |
1029 | (e) "Risk factor" means a factor identified during the |
1030 | course of an epidemiological study of a disease, which factor |
1031 | appears to be statistically associated with a high incidence of |
1032 | that disease. |
1033 | (2) OPERATION OF COMMUNITY-LEVEL COMMUNITY INTERVENTION |
1034 | PROGRAMS FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION.-- |
1035 | (a) The department shall develop and implement a |
1036 | comprehensive, community-based program for chronic disease |
1037 | prevention and health promotion. The program shall be designed |
1038 | to reduce major behavioral risk factors that are associated with |
1039 | chronic diseases by enhancing the knowledge, skills, motivation, |
1040 | and opportunities for individuals, organizations, health care |
1041 | providers, small businesses, health insurers, and communities to |
1042 | develop and maintain healthy lifestyles. The department shall |
1043 | assist the county health departments in developing and operating |
1044 | community intervention programs throughout the state. At a |
1045 | minimum, the community intervention programs shall address one |
1046 | to three of the following chronic diseases: cancer, diabetes, |
1047 | heart disease, stroke, hypertension, renal disease, and chronic |
1048 | obstructive lung disease. |
1049 | (b) The program shall include: |
1050 | 1. Countywide assessments of specific, causal, and |
1051 | behavioral risk factors that affect the health of residents; |
1052 | 2. The development of community-based programs for chronic |
1053 | disease prevention and health promotion which incorporate health |
1054 | promotion and preventive care practices that are supported in |
1055 | scientific and medical literature; |
1056 | 3. The development and implementation of statewide age- |
1057 | specific, disease-specific, and community-specific health |
1058 | promotion and preventive care strategies using primary, |
1059 | secondary, and tertiary prevention interventions; |
1060 | 4. The promotion of community, research-based health- |
1061 | promotion model programs that meet specific criteria, address |
1062 | major risk factors, and motivate individuals to permanently |
1063 | adopt healthy behaviors and increase social and personal |
1064 | responsibilities; |
1065 | 5. The development of policies that encourage the use of |
1066 | alternative community delivery sites for health promotion, |
1067 | disease prevention, and preventive care programs and promote the |
1068 | use of neighborhood delivery sites that are close to work, home, |
1069 | and school; and |
1070 | 6. An emphasis on the importance of healthy and physically |
1071 | active lifestyles to build self-esteem and reduce morbidity and |
1072 | mortality associated with chronic disease and being overweight |
1073 | or obese. Existing community resources, when available, shall be |
1074 | used to support the programs. The department shall seek funding |
1075 | for the programs from federal and state financial assistance |
1076 | programs which presently exist or which may be hereafter |
1077 | created. Additional services, as appropriate, may be |
1078 | incorporated into a program to the extent that resources are |
1079 | available. The department may accept gifts and grants in order |
1080 | to carry out a program. |
1081 | (c) Volunteers shall be used to the maximum extent |
1082 | possible in carrying out the programs. The department shall |
1083 | contract for the necessary insurance coverage to protect |
1084 | volunteers from personal liability while acting within the scope |
1085 | of their volunteer assignments under a program. |
1086 | (d) The department may contract for the provision of all |
1087 | or any portion of the services required by a program, and shall |
1088 | so contract whenever the services so provided are more cost- |
1089 | efficient than those provided by the department. |
1090 | (e) If the department determines that it is necessary for |
1091 | clients to help pay for services provided by a program, the |
1092 | department may require clients to make contribution therefor in |
1093 | either money or personal services. The amount of money or value |
1094 | of the personal services shall be fixed according to a fee |
1095 | schedule established by the department or by the entity |
1096 | developing the program. In establishing the fee schedule, the |
1097 | department or the entity developing the program shall take into |
1098 | account the expenses and resources of a client and his or her |
1099 | overall ability to pay for the services. |
1100 | Section 22. Section 385.105, Florida Statutes, is created |
1101 | to read: |
1102 | 385.105 Physical activity, obesity prevention, nutrition, |
1103 | other health-promotion services, and wellness programs.-- |
1104 | (1) PHYSICAL ACTIVITY--. |
1105 | (a) The department shall develop programs for people at |
1106 | every stage of their lives to increase physical fitness and |
1107 | promote behavior changes. |
1108 | (b) The department shall work with school health advisory |
1109 | or wellness committees in each school district as established in |
1110 | s. 381.0056. |
1111 | (c) The department shall develop public and private |
1112 | partnerships that allow the public to easily access recreational |
1113 | facilities and public land areas that are suitable for physical |
1114 | activity. |
1115 | (d) The department shall work in collaboration with the |
1116 | Executive Office of the Governor and Volunteer Florida, Inc., to |
1117 | promote school initiatives, such as the Governor's Fitness |
1118 | Challenge. |
1119 | (e) The department shall collaborate with the Department |
1120 | of Education in recognizing nationally accepted best practices |
1121 | for improving physical education in schools. |
1122 | (2) OBESITY PREVENTION.--The department shall promote |
1123 | healthy lifestyles to reduce the prevalence of excess weight |
1124 | gain and being overweight or obese through programs that are |
1125 | directed towards all residents of this state by: |
1126 | (a) Using all appropriate media to promote maximum public |
1127 | awareness of the latest research on healthy lifestyles and |
1128 | chronic diseases and disseminating relevant information through |
1129 | a statewide clearinghouse relating to wellness, physical |
1130 | activity, and nutrition and the effect of these factors on |
1131 | chronic diseases and disabling conditions. |
1132 | (b) Providing technical assistance, training, and |
1133 | resources on healthy lifestyles and chronic diseases to the |
1134 | public, health care providers, school districts, and other |
1135 | persons or entities, including faith-based organizations that |
1136 | request such assistance to promote physical activity, nutrition, |
1137 | and healthy lifestyle programs. |
1138 | (c) Developing, implementing, and using all available |
1139 | research methods to collect data, including, but not limited to, |
1140 | population-specific data, and tracking the incidence and effects |
1141 | of weight gain, obesity, and related chronic diseases. The |
1142 | department shall include an evaluation and data-collection |
1143 | component in all programs as appropriate. All research conducted |
1144 | under this paragraph is subject to review and approval as |
1145 | required by the department's institutional review board under s. |
1146 | 381.86. |
1147 | (d) Entering into partnerships with the Department of |
1148 | Education, local communities, school districts, and other |
1149 | entities to encourage schools in this state to promote |
1150 | activities during and after school to help students meet a |
1151 | minimum goal of 30 minutes of physical activity or physical |
1152 | fitness per day. |
1153 | (e) Entering into partnerships with the Department of |
1154 | Education, school districts, and the Florida Sports Foundation |
1155 | to develop a programs recognizing the schools at which students |
1156 | demonstrate excellent physical fitness or fitness improvement. |
1157 | (f) Collaborating with other state agencies to develop |
1158 | policies and strategies for preventing and treating obesity, |
1159 | which shall be incorporated into programs administered by each |
1160 | agency and shall include promoting healthy lifestyles of |
1161 | employees of each agency. |
1162 | (g) Advising, in accordance with s. 456.081, health care |
1163 | practitioners about the morbidity, mortality, and costs |
1164 | associated with being overweight or obese, informing such |
1165 | practitioners of promising clinical practices for preventing and |
1166 | treating obesity, and encouraging practitioners to counsel their |
1167 | patients regarding the adoption of healthy lifestyles. |
1168 | (h) Maximizing all local, state, and federal funding |
1169 | sources, including grants, public-private partnerships, and |
1170 | other mechanisms to strengthen the department's programs |
1171 | promoting physical activity and nutrition. |
1172 | (3) NUTRITION.--The department shall promote optimal |
1173 | nutritional status in all stages of people's lives by developing |
1174 | strategies to: |
1175 | (a) Promote and maintain optimal nutritional status in the |
1176 | population through activities, including, but not limited to: |
1177 | 1. Nutrition screening and assessment and nutrition |
1178 | counseling, including nutrition therapy, followup, case |
1179 | management, and referrals for persons who have medical |
1180 | conditions or nutrition-risk factors and who are provided health |
1181 | services through public health programs or through referrals |
1182 | from private health care providers or facilities; |
1183 | 2. Nutrition education to assist residents of the state in |
1184 | achieving optimal health and preventing chronic disease; and |
1185 | 3. Consultative nutrition services to group facilities |
1186 | which promote the provision of safe and nutritionally adequate |
1187 | diets. |
1188 | (b) Monitor and conduct surveillance of the nutritional |
1189 | status of this state's population. |
1190 | (c) Conduct or support research or evaluations related to |
1191 | public health nutrition. All research conducted under this |
1192 | paragraph is subject to review and approval as required by the |
1193 | department's institutional review board under s. 381.86. |
1194 | (d) Establish policies and standards for public health |
1195 | nutrition practices. |
1196 | (e) Promote interagency cooperation, professional |
1197 | education, and consultation. |
1198 | (f) Provide technical assistance and advise state |
1199 | agencies, private institutions, and local organizations |
1200 | regarding public health nutrition standards. |
1201 | (g) Work with the Department of Agriculture and Consumer |
1202 | Services, the Department of Education, and the Department of |
1203 | Management Services to further the use of fresh produce from |
1204 | this state in schools and encourage the development of community |
1205 | gardens. Nutritional services shall be available to eligible |
1206 | persons in accordance with eligibility criteria adopted by the |
1207 | department. The department shall provide by rule requirements |
1208 | for the service fees, when applicable, which may not exceed the |
1209 | department's actual costs. |
1210 |
|
1211 | The department may adopt rules to administer this subsection. |
1212 | (4) OTHER HEALTH-PROMOTION SERVICES.-- |
1213 | (a) The department shall promote personal responsibility |
1214 | by encouraging residents of this state to be informed, follow |
1215 | health recommendations, seek medical consultations and health |
1216 | assessments, take healthy precautions, and comply with medical |
1217 | guidelines, including those that lead to earlier detection of |
1218 | chronic diseases in order to prevent chronic diseases or slow |
1219 | the progression of established chronic diseases. |
1220 | (b) The department shall promote regular health visits |
1221 | during a person's lifetime, including annual physical |
1222 | examinations that include measuring body mass index and vital |
1223 | signs, blood work, immunizations, screenings, and dental |
1224 | examinations in order to reduce the financial, social, and |
1225 | personal burden of chronic disease. |
1226 | (5) WELLNESS PROGRAMS.-- |
1227 | (a) Each state agency may conduct employee wellness |
1228 | programs in buildings and lands owned or leased by the state. |
1229 | The department shall serve as a model to develop and implement |
1230 | employee wellness programs that may include physical fitness, |
1231 | healthy nutrition, self-management of disease, education, and |
1232 | behavioral change. The department shall assist other state |
1233 | agencies to develop and implement employee wellness programs. |
1234 | These programs shall use existing resources, facilities, and |
1235 | programs or resources procured through grant funding and |
1236 | donations that are obtained in accordance with state ethics and |
1237 | procurement policies, and shall provide equal access to any such |
1238 | programs, resources, and facilities to all state employees. |
1239 | (b) The department shall coordinate its efforts with the |
1240 | Department of Management Services and other state agencies. |
1241 | (c) Each agency may establish an employee wellness work |
1242 | group to design the program. The department shall be available |
1243 | to provide policy guidance and assist in identifying effective |
1244 | wellness program strategies. |
1245 | (d) The department shall provide by rule requirements for |
1246 | nominal participation fees, when applicable, which may not |
1247 | exceed the department's actual costs; collaborations with |
1248 | businesses; and the procurement of equipment and incentives. |
1249 | Section 23. Section 385.202, Florida Statutes, is amended |
1250 | to read: |
1251 | 385.202 Statewide cancer registry.-- |
1252 | (1) Each facility, laboratory, or practitioner licensed |
1253 | under chapter 395, chapter 458, chapter 459, chapter 464, |
1254 | chapter 483, and each freestanding radiation therapy center as |
1255 | defined in s. 408.07, shall report to the department of Health |
1256 | such information, specified by the department, by rule. The |
1257 | department may adopt rules regarding reporting requirements for |
1258 | the cancer registry, which shall include the data required, the |
1259 | timeframe for reporting, and those professionals who are |
1260 | responsible for ensuring compliance with reporting requirements, |
1261 | which indicates diagnosis, stage of disease, medical history, |
1262 | laboratory data, tissue diagnosis, and radiation, surgical, or |
1263 | other methods of diagnosis or treatment for each cancer |
1264 | diagnosed or treated by the facility or center. Failure to |
1265 | comply with this requirement may be cause for registration or |
1266 | licensure suspension or revocation. |
1267 | (2) The department shall establish, or cause to have |
1268 | established, by contract with a recognized medical organization |
1269 | in this state and its affiliated institutions, a statewide |
1270 | cancer registry program to ensure that cancer reports required |
1271 | under this section shall be maintained and available for use in |
1272 | the course of public health surveillance and any study for the |
1273 | purpose of reducing morbidity or mortality; and no liability of |
1274 | any kind or character for damages or other relief shall arise or |
1275 | be enforced against any facility or practitioner hospital by |
1276 | reason of having provided such information or material to the |
1277 | department. |
1278 | (3) The department may adopt rules regarding the |
1279 | establishment and operation of a statewide cancer registry |
1280 | program. |
1281 | (4)(3) The department or a contractual designee operating |
1282 | the statewide cancer registry program required by this section |
1283 | shall use or publish said material only for the purpose of |
1284 | public health surveillance and advancing medical research or |
1285 | medical education in the interest of reducing morbidity or |
1286 | mortality, except that a summary of such studies may be released |
1287 | for general publication. Information which discloses or could |
1288 | lead to the disclosure of the identity of any person whose |
1289 | condition or treatment has been reported and studied shall be |
1290 | confidential and exempt from the provisions of s. 119.07(1), |
1291 | except that: |
1292 | (a) Release may be made with the written consent of all |
1293 | persons to whom the information applies; |
1294 | (b) The department or a contractual designee may contact |
1295 | individuals for the purpose of epidemiologic investigation and |
1296 | monitoring, provided information that is confidential under this |
1297 | section is not further disclosed; or |
1298 | (c) The department may exchange personal data with any |
1299 | other governmental agency or a contractual designee for the |
1300 | purpose of public health surveillance and medical or scientific |
1301 | research, if provided such governmental agency or contractual |
1302 | designee does shall not further disclose information that is |
1303 | confidential under this section. |
1304 | (5)(4) Funds appropriated for this section shall be used |
1305 | for establishing, administering, compiling, processing, and |
1306 | providing biometric and statistical analyses to the reporting |
1307 | facilities and practitioners. Funds may also be used to ensure |
1308 | the quality and accuracy of the information reported and to |
1309 | provide management information to the reporting facilities and |
1310 | practitioners. |
1311 | (6)(5) The department may adopt rules regarding the |
1312 | classifications of, by rule, classify facilities that are |
1313 | responsible for making reports to the cancer registry, the |
1314 | content and frequency of the reports, and the penalty for |
1315 | failure to comply with these requirements for purposes of |
1316 | reports made to the cancer registry and specify the content and |
1317 | frequency of the reports. In classifying facilities, the |
1318 | department shall exempt certain facilities from reporting cancer |
1319 | information that was previously reported to the department or |
1320 | retrieved from existing state reports made to the department or |
1321 | the Agency for Health Care Administration. The provisions of |
1322 | This section does shall not apply to any facility whose primary |
1323 | function is to provide psychiatric care to its patients. |
1324 | (7) Notwithstanding subsection (1), each facility and |
1325 | practitioner that reports cancer cases to the department shall |
1326 | make their records available for onsite review by the department |
1327 | or its authorized representative. |
1328 | Section 24. Subsection (3) of section 385.203, Florida |
1329 | Statutes, is amended to read: |
1330 | 385.203 Diabetes Advisory Council; creation; function; |
1331 | membership.-- |
1332 | (3) The council shall be composed of 26 25 citizens of the |
1333 | state who have knowledge of, or work in, the area of diabetes |
1334 | mellitus as follows: |
1335 | (a) Five interested citizens, three of whom are affected |
1336 | by diabetes. |
1337 | (b) Twenty-one Twenty members, who must include one |
1338 | representative from each of the following areas: nursing with |
1339 | diabetes-educator certification; dietary with diabetes educator |
1340 | certification; podiatry; ophthalmology or optometry; psychology; |
1341 | pharmacy; adult endocrinology; pediatric endocrinology; the |
1342 | American Diabetes Association (ADA); the Juvenile Diabetes |
1343 | Foundation (JDF); the Florida Academy of Family Physicians; a |
1344 | community health center; a county health department; an American |
1345 | Diabetes Association recognized community education program; |
1346 | each medical school in the state; an osteopathic medical school; |
1347 | the insurance industry; a Children's Medical Services diabetes |
1348 | regional program; and an employer. |
1349 | (c) One or more representatives from the Department of |
1350 | Health, who shall serve on the council as ex officio members. |
1351 | Section 25. Section 385.206, Florida Statutes, is amended |
1352 | to read: |
1353 | 385.206 Pediatric Hematology-Oncology care Center |
1354 | Program.-- |
1355 | (1) DEFINITIONS.--As used in this section, the term: |
1356 | (a) "Department" means the Department of Health. |
1357 | (b) "Hematology" means the study, diagnosis, and treatment |
1358 | of blood and blood-forming tissues. |
1359 | (c) "Oncology" means the study, diagnosis, and treatment |
1360 | of malignant neoplasms or cancer. |
1361 | (d) "Hemophilia" or "other hemostatic disorder" means a |
1362 | bleeding disorder resulting from a genetic abnormality of |
1363 | mechanisms related to the control of bleeding. |
1364 | (e) "Sickle-cell anemia or other hemoglobinopathy" means |
1365 | an hereditary, chronic disease caused by an abnormal type of |
1366 | hemoglobin. |
1367 | (f) "Patient" means a person under the age of 21 who is in |
1368 | need of hematologic-oncologic services and who is enrolled in |
1369 | the Children's Medical Services Network declared medically and |
1370 | financially eligible by the department; or a person who received |
1371 | such services prior to age 21 and who requires long-term |
1372 | monitoring and evaluation to ascertain the sequelae and the |
1373 | effectiveness of treatment. |
1374 | (g) "Center" means a facility designated by the department |
1375 | as having a program specifically designed to provide a full |
1376 | range of medical and specialty services to patients with |
1377 | hematologic and oncologic disorders. |
1378 | (2) PEDIATRIC HEMATOLOGY-ONCOLOGY CARE CENTER PROGRAM; |
1379 | AUTHORITY.--The department may designate is authorized to make |
1380 | grants and reimbursements to designated centers and provide |
1381 | funding to establish and maintain programs for the care of |
1382 | patients with hematologic and oncologic disorders. Program |
1383 | administration costs shall be paid by the department from funds |
1384 | appropriated for this purpose. |
1385 | (3) GRANT FUNDING CONTRACTS GRANT AGREEMENTS; |
1386 | CONDITIONS.-- |
1387 | (a) Funding provided A grant made under this section shall |
1388 | be pursuant to a contract contractual agreement made between a |
1389 | center and the department. Each contract agreement shall provide |
1390 | that patients will receive services specified types of treatment |
1391 | and care from the center without additional charge to the |
1392 | patients or their parents or guardians. Grants shall be |
1393 | disbursed in accordance with conditions set forth in the |
1394 | disbursement guidelines. |
1395 | (4) GRANT DISBURSEMENTS AND SPECIAL DISBURSEMENTS FOR |
1396 | LOCAL PROGRAMS.-- |
1397 | (b)(a) Funding may be provided Grant disbursements may be |
1398 | made to centers that which meet the following criteria: |
1399 | 1. The personnel shall include at least one board- |
1400 | certified pediatric hematologist-oncologist, at least one board- |
1401 | certified pediatric surgeon, at least one board-certified |
1402 | radiotherapist, and at least one board-certified pathologist. |
1403 | 2. As approved by the department, The center shall |
1404 | actively participate in a national children's cancer study |
1405 | group, maintain a pediatric tumor registry, have a |
1406 | multidisciplinary pediatric tumor board, and meet other |
1407 | guidelines for development, including, but not limited to, |
1408 | guidelines from such organizations as the American Academy of |
1409 | Pediatrics and the American Pediatric Surgical Association. |
1410 | (b) Programs shall also be established to provide care to |
1411 | hematology-oncology patients within each district of the |
1412 | department. The guidelines for local programs shall be |
1413 | formulated by the department. Special disbursements may be made |
1414 | by the program office to centers for educational programs |
1415 | designed for the districts of the department. These programs may |
1416 | include teaching total supportive care of the dying patient and |
1417 | his or her family, home therapy to hemophiliacs and patients |
1418 | with other hemostatic disorders, and screening and counseling |
1419 | for patients with sickle-cell anemia or other |
1420 | hemoglobinopathies. |
1421 | (4)(5) PROGRAM AND PEER REVIEW.--The department shall |
1422 | evaluate at least annually during the grant period the services |
1423 | rendered by the centers and the districts of the department. |
1424 | Data from the centers and other sources relating to pediatric |
1425 | cancer shall be reviewed annually by the Florida Association of |
1426 | Pediatric Tumor Programs, Inc.; and a written report with |
1427 | recommendations shall be made to the department. This database |
1428 | will be available to the department for program planning and |
1429 | quality assurance initiatives formulation of its annual program |
1430 | and financial evaluation report. A portion of the funds |
1431 | appropriated for this section may be used to provide statewide |
1432 | consultation, supervision, and evaluation of the programs of the |
1433 | centers, as well as central program office support personnel. |
1434 | Section 26. Paragraph (g) of subsection (2) and subsection |
1435 | (7) of section 385.207, Florida Statutes, are amended to read: |
1436 | 385.207 Care and assistance of persons with epilepsy; |
1437 | establishment of programs in epilepsy control.-- |
1438 | (2) The Department of Health shall: |
1439 | (g) Continue current programs and develop cooperative |
1440 | programs and services designed to enhance the vocational |
1441 | rehabilitation of epilepsy clients, including the current jobs |
1442 | programs. The department shall, as part of its contract with a |
1443 | provider of epilepsy services, collect information regarding the |
1444 | number of clients served, the outcomes reached, the expenses |
1445 | incurred, and the fees collected by such providers for the |
1446 | provision of services keep and make this information available |
1447 | to the Governor and the Legislature upon request information |
1448 | regarding the number of clients served, the outcome reached, and |
1449 | the expense incurred by such programs and services. |
1450 | (7) The department shall limit total administrative |
1451 | expenditures from the Epilepsy Services Trust Fund to 5 percent |
1452 | of annual receipts. |
1453 | Section 27. Paragraphs (b), (d), and (g) of subsection (2) |
1454 | and paragraph (b) of subsection (5) of section 385.210, Florida |
1455 | Statutes, are amended to read: |
1456 | 385.210 Arthritis prevention and education.-- |
1457 | (2) LEGISLATIVE FINDINGS.--The Legislature finds the |
1458 | following: |
1459 | (b) Arthritis is the leading cause of disability in the |
1460 | United States, limiting daily activities for more than 19 7 |
1461 | million citizens. |
1462 | (d) There are enormous economic and social costs |
1463 | associated with treating arthritis and its complications; the |
1464 | economic costs are estimated at over $128 billion (2003) $116 |
1465 | billion (1997) annually in the United States. |
1466 | (g) The National Arthritis Foundation, the CDC Centers for |
1467 | Disease Control and Prevention, and the Association of State and |
1468 | Territorial Health Officials have led the development of a |
1469 | public health strategy, the National Arthritis Action Plan, to |
1470 | respond to this challenge. |
1471 | (5) FUNDING.-- |
1472 | (b) The State Surgeon General may shall seek any federal |
1473 | waiver or waivers that may be necessary to maximize funds from |
1474 | the Federal Government to implement this program. |
1475 | Section 28. Section 385.301, Florida Statutes, is created |
1476 | to read: |
1477 | 385.301 Rulemaking authority.--The department may adopt |
1478 | rules pursuant to chapter 120 to administer this chapter. |
1479 | Section 29. Section 385.401, Florida Statutes, is created |
1480 | to read: |
1481 | 385.401 Direct-support organization.-- |
1482 | (1) DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The |
1483 | Department of Health may establish a direct-support organization |
1484 | to provide assistance, funding, and support for the department |
1485 | in carrying out its mission upon written approval by the State |
1486 | Surgeon General. This section governs the creation, use, powers, |
1487 | and duties of the direct-support organization. |
1488 | (2) DEFINITIONS.--As used in this section, the term: |
1489 | (a) "Department" means the Department of Health. |
1490 | (b) "Direct-support organization" means an organization |
1491 | that is: |
1492 | 1. A Florida corporation, not for profit, incorporated |
1493 | under chapter 617, exempted from filing fees, and approved by |
1494 | the Department of State; |
1495 | 2. Organized and operated to conduct programs and |
1496 | activities; to initiate developmental projects; to raise funds; |
1497 | to request and receive grants, gifts, and bequests of moneys; to |
1498 | acquire, receive, hold, invest, and administer in its own name |
1499 | securities, funds, or property; and to make expenditures to or |
1500 | for the direct or indirect benefit of the state public health |
1501 | system through the department or its individual county health |
1502 | departments; |
1503 | 3. Determined by the department to be operating in a |
1504 | manner consistent with the priority issues and objectives of the |
1505 | department and in the best interest of the state; and |
1506 | 4. Approved in writing by the State Surgeon General to |
1507 | operate for the direct or indirect benefit of the department or |
1508 | its individual county health departments. This approval shall be |
1509 | in a form determined by the department. |
1510 | (3) BOARD OF DIRECTORS.--The direct-support organization |
1511 | shall be governed by a board of directors. |
1512 | (a) The board of directors shall consist of no fewer than |
1513 | seven members appointed by the State Surgeon General. Networks |
1514 | and partnerships in this state which are involved in issues |
1515 | related to public health may recommend nominees to the State |
1516 | Surgeon General. |
1517 | (b) The term of office of the board members shall be 3 |
1518 | years, except that the terms of the initial appointees shall be |
1519 | for 1 year, 2 years, or 3 years in order to achieve staggered |
1520 | terms. A member may be reappointed when his or her term expires. |
1521 | The State Surgeon General or his or her designee shall serve as |
1522 | an ex officio member of the board of directors. |
1523 | (c) Members must be current residents of this state. A |
1524 | majority of the members must be highly knowledgeable about the |
1525 | department, its service personnel, and its missions. The board |
1526 | must include members from county government, the health care |
1527 | industry, the medical community, and other components of the |
1528 | public health system. The State Surgeon General may remove any |
1529 | member of the board for cause and with the approval of a |
1530 | majority of the members of the board of directors. The State |
1531 | Surgeon General shall appoint a replacement for any vacancy that |
1532 | occurs. |
1533 | (4) USE OF PROPERTY.-- |
1534 | (a) The department and each county health department in |
1535 | the state may allow, without charge, the use of the department's |
1536 | fixed property and facilities within the state public health |
1537 | system by the direct-support organization, subject to this |
1538 | section. Use of the fixed property and facilities by the direct |
1539 | support organization may not interfere with use of the fixed |
1540 | property and facilities by the department's clients or staff. |
1541 | (b) The department may not allow the use of its fixed |
1542 | property and facilities by any direct-support organization that |
1543 | is organized under this section and does not provide equal |
1544 | employment opportunities to all persons regardless of race, |
1545 | color, national origin, gender, age, or religion. |
1546 | (5) DIRECTIVES.--The direct-support organization that is |
1547 | organized under this section shall comply with directives and |
1548 | requirements established by the sources of its funding. |
1549 | (6) ANNUAL BUDGETS AND REPORTS.-- |
1550 | (a) The fiscal year of the direct-support organization |
1551 | shall begin on July 1 of each year and end on June 30 of the |
1552 | following year. |
1553 | (b) The direct-support organization shall submit to the |
1554 | department its federal Internal Revenue Service Application for |
1555 | Recognition of Exemption form and its federal Internal Revenue |
1556 | Service Return of Organization Exempt from Income Tax form. |
1557 | (7) ANNUAL AUDIT.--The direct-support organization shall |
1558 | provide for an annual financial audit in accordance with s. |
1559 | 215.981. |
1560 | Section 30. Subsection (9) of section 409.904, Florida |
1561 | Statutes, is amended to read: |
1562 | 409.904 Optional payments for eligible persons.--The |
1563 | agency may make payments for medical assistance and related |
1564 | services on behalf of the following persons who are determined |
1565 | to be eligible subject to the income, assets, and categorical |
1566 | eligibility tests set forth in federal and state law. Payment on |
1567 | behalf of these Medicaid eligible persons is subject to the |
1568 | availability of moneys and any limitations established by the |
1569 | General Appropriations Act or chapter 216. |
1570 | (9) Eligible women with incomes at or below 200 percent of |
1571 | the federal poverty level and under age 65, for cancer treatment |
1572 | pursuant to the federal Breast and Cervical Cancer Prevention |
1573 | and Treatment Act of 2000, screened through the Mary Brogan |
1574 | Breast and Cervical Cancer Early Detection Program established |
1575 | under s. 385.2021 s. 381.93. |
1576 | Section 31. The Pharmacy and Therapeutic Advisory |
1577 | Council.-- |
1578 | (1) The Pharmacy and Therapeutic Advisory Council is |
1579 | created within the Executive Office of the Governor to serve in |
1580 | an advisory capacity to the Department of Health and other |
1581 | governmental agencies. The council may not interfere with |
1582 | existing mandated Medicaid services and may not develop or |
1583 | implement new ones. Specifically, the council may not interfere |
1584 | with the work of the Agency for Health Care Administration as it |
1585 | complies with federal and state statutory obligations to develop |
1586 | a preferred drug list, to negotiate rebate agreements for |
1587 | medications included in the preferred drug list, and to protect |
1588 | the confidentiality of rebate agreements. The council may not |
1589 | interfere with the Medicaid Pharmacy and Therapeutics Committee |
1590 | or the Drug Utilization Review Board, which oversee clinical |
1591 | activities within the Bureau of Pharmacy Services if such |
1592 | interference would violate any federal or state statutory |
1593 | obligations. |
1594 | (2) The Pharmacy and Therapeutic Advisory Council shall |
1595 | use Medicaid processes within the existing Medicaid structure of |
1596 | the Agency for Health Care Administration as a guide for |
1597 | assisting state agencies in: |
1598 | (a) Developing an unbiased clinical perspective on drug |
1599 | evaluations and utilization protocols that are relevant to |
1600 | patient care provided through programs administered by state |
1601 | agencies. |
1602 | (b) Developing drug-utilization-review processes that are |
1603 | relevant to the agencies and those receiving care through |
1604 | programs administered by the agencies. |
1605 | (c) Building a formulary structure that enforces formulary |
1606 | compliance or adherence within each agency. |
1607 | (d) Performing pharmacoeconomic analyses on formulary |
1608 | management so that the state maximizes the cost-effectiveness of |
1609 | its pharmaceutical purchasing. |
1610 | (e) Reviewing new and existing therapies using criteria |
1611 | established for efficacy, safety, and quality in order to |
1612 | maximize cost-effective purchasing. |
1613 | (f) Reviewing state agency proposals to maximize the cost- |
1614 | effectiveness of pharmaceutical purchasing in compliance with s. |
1615 | 381.0203. |
1616 | (3) The council shall verify the cost-effectiveness and |
1617 | clinical efficacy of any state contracts under s. 381.0203(1), |
1618 | Florida Statutes, no less than once every 2 years. |
1619 | (4) The members of the council and the chair shall be |
1620 | appointed by the Governor to 4-year staggered terms or until |
1621 | their successors are appointed. Members may be appointed to more |
1622 | than one term. The Governor shall fill any vacancies for the |
1623 | remainder of the unexpired term in the same manner as the |
1624 | original appointment. |
1625 | (5) The council shall include voting and nonvoting |
1626 | members, and the chair, who is a voting member, must be a |
1627 | pharmacist employed by a state agency. |
1628 | (a) The voting members shall represent: |
1629 | 1. The Agency for Health Care Administration. |
1630 | 2. The Agency for Persons with Disabilities. |
1631 | 3. The Department of Children and Family Services. |
1632 | 4. The Department of Corrections. |
1633 | 5. The Department of Elderly Affairs. |
1634 | 6. The Department of Health. |
1635 | 7. The Department of Juvenile Justice. |
1636 | 8. The Bureau of Pharmacy Services within the Agency for |
1637 | Health Care Administration, which shall be represented by the |
1638 | bureau chief. |
1639 | 9. The Bureau of Statewide Pharmaceutical Services within |
1640 | the Department of Health, which shall be represented by the |
1641 | bureau chief. |
1642 | (b) The nonvoting members shall be: |
1643 | 1. A representative from the Agency for Health Care |
1644 | Administration's drug contracting program. |
1645 | 2. The contracting officer for the Department of Health's |
1646 | drug procurement program. |
1647 | 3. A clinical pharmacy program manager from the Agency for |
1648 | Health Care Administration. |
1649 | 4. The chair of the Department of Health's Pharmacy and |
1650 | Therapeutics Committee. |
1651 | 5. The general counsel for the Agency for Health Care |
1652 | Administration or his or her designee. |
1653 | 6. The general counsel for a state agency in the executive |
1654 | branch of state government, or his or her designee. |
1655 | 7. A representative from the Executive Office of the |
1656 | Governor. |
1657 | 8. The statewide pharmacy director of the Department of |
1658 | Corrections' Office of Health Services. |
1659 | (6) Members of the council shall consist of at least one |
1660 | physician licensed under chapter 458 or chapter 459, Florida |
1661 | Statutes, at least one pharmacist licensed under chapter 465, |
1662 | Florida Statutes, and at least one registered nurse licensed |
1663 | under chapter 464, Florida Statutes. Each member designated in |
1664 | this subsection must have an active license in his or her |
1665 | profession and may not have been the subject of any agency |
1666 | disciplinary action. |
1667 | (7) Members, who must be residents of this state, shall be |
1668 | selected on the basis of specialty, board certification, prior |
1669 | pharmacy and therapeutic experience, experience treating medical |
1670 | assistance recipients, ability to represent a broad base of |
1671 | constituents, and number of years of practice. Members must not |
1672 | have any conflicts of interest due to their service on the |
1673 | council. |
1674 | (8) The council may request the participation of |
1675 | additional subject-matter experts to address specific drug, |
1676 | therapeutic, or drug-procurement issues under review by the |
1677 | council. |
1678 | (9) A majority of the members of the council constitutes a |
1679 | quorum, and an affirmative vote of a majority of the voting |
1680 | members is necessary to take action. |
1681 | (10) The council shall meet quarterly or at the call of |
1682 | the chair. |
1683 | (11) The council shall be staffed by the chair's |
1684 | department or agency. |
1685 | (12) The council members shall serve without compensation, |
1686 | but are entitled to reimbursement for travel and per diem |
1687 | expenses incurred in the performance of their duties in |
1688 | accordance with s. 112.061, Florida Statutes. |
1689 | Section 32. Paragraph (g) is added to subsection (53) of |
1690 | section 499.003, Florida Statutes, to read: |
1691 | 499.003 Definitions of terms used in this part.--As used |
1692 | in this part, the term: |
1693 | (53) "Wholesale distribution" means distribution of |
1694 | prescription drugs to persons other than a consumer or patient, |
1695 | but does not include: |
1696 | (g) The sale, purchase, trade, or transfer of a |
1697 | prescription drug among agencies and health care entities of the |
1698 | state to complete the dispensing of the prescription drug to a |
1699 | patient under the care of a state agency or health care entity, |
1700 | or to a patient for whom the state is responsible for providing |
1701 | or arranging health care services. The agency or health care |
1702 | entity that received the prescription drug on behalf of the |
1703 | patient is deemed the patient's agent under s. 465.003(6). |
1704 | Section 33. This act shall take effect July 1, 2009. |
1705 |
|
1706 |
|
1707 | ----------------------------------------------------- |
1708 | T I T L E A M E N D M E N T |
1709 | Remove the entire title and insert: |
1710 | A bill to be entitled |
1711 | An act relating to health care; amending s. 154.503, F.S.; |
1712 | conforming a cross-reference; repealing s. 381.0053, F.S., |
1713 | relating to a comprehensive nutrition program; repealing |
1714 | s. 381.0054, F.S., relating to healthy lifestyles |
1715 | promotion; repealing ss. 381.732, 381.733, and 381.734, |
1716 | F.S., relating to the Healthy Communities, Healthy People |
1717 | Act; amending s. 381.006, F.S.; requiring the Department |
1718 | of Health, when conducting an environmental health program |
1719 | inspection of a certified domestic violence center to |
1720 | limit the inspection of the domestic violence center to |
1721 | the requirements set forth in the department's rules |
1722 | applicable to community-based residential facilities with |
1723 | five or fewer residents; requiring a report to the |
1724 | Governor and Legislature prior to proceeding with nitrogen |
1725 | reduction activities; ; amending s. 381.0072, F.S.; |
1726 | requiring the Department of Health, when conducting a food |
1727 | service inspection of a certified domestic violence center |
1728 | to limit the inspection of the domestic violence center to |
1729 | the requirements set forth in the department's rules |
1730 | applicable to community-based residential facilities with |
1731 | five or fewer residents; amending s. 381.0203, F.S.; |
1732 | requiring certain state agencies to purchase drugs through |
1733 | the statewide purchasing contract administered by the |
1734 | Department of Health; providing an exception; requiring |
1735 | the department to establish and maintain certain pharmacy |
1736 | services program; transferring, renumbering, and amending |
1737 | s. 381.84, F.S., relating to the Comprehensive Statewide |
1738 | Tobacco Education and Use Prevention Program; revising |
1739 | definitions; revising program components; requiring |
1740 | program components to include efforts to educate youth and |
1741 | their parents about tobacco use; requiring a youth- |
1742 | directed focus in each program component; requiring the |
1743 | Tobacco Education and Use Prevention Advisory Council to |
1744 | adhere to state ethics laws; providing that meetings of |
1745 | the council are subject to public-records and public- |
1746 | meetings requirements; revising the duties of the council; |
1747 | deleting a provision that prohibits a member of the |
1748 | council from participating in a discussion or decision |
1749 | with respect to a research proposal by a firm, entity, or |
1750 | agency with which the member is associated as a member of |
1751 | the governing body or as an employee or with which the |
1752 | member has entered into a contractual arrangement; |
1753 | revising the submission date of an annual report; deleting |
1754 | an expired provision relating to rulemaking authority of |
1755 | the department; transferring and renumbering s. 381.91, |
1756 | F.S., relating to the Jessie Trice Cancer Prevention |
1757 | Program; transferring, renumbering, and amending s. |
1758 | 381.911, F.S., relating to the Prostate Cancer Awareness |
1759 | Program; revising the criteria for members of the prostate |
1760 | cancer advisory committee; repealing s. 381.912, F.S., |
1761 | relating to the Cervical Cancer Elimination Task Force; |
1762 | transferring and renumbering s. 381.92, F.S., relating to |
1763 | the Florida Cancer Council; transferring and renumbering |
1764 | s. 381.921, F.S., relating to the mission and duties of |
1765 | the Florida Cancer Council; amending s. 381.922, F.S.; |
1766 | conforming cross-references; transferring and renumbering |
1767 | s. 381.93, F.S., relating to a breast and cervical cancer |
1768 | early detection program; transferring and renumbering s. |
1769 | 381.931, F.S., relating to an annual report on Medicaid |
1770 | expenditures; renaming ch. 385, F.S., as the "Healthy and |
1771 | Fit Florida Act"; amending s. 385.101, F.S.; renaming the |
1772 | "Chronic Diseases Act" as the "Healthy and Fit Florida |
1773 | Act"; amending s. 385.102, F.S.; revising legislative |
1774 | intent; creating s. 385.1021, F.S.; providing definitions; |
1775 | creating s. 385.1022, F.S.; requiring the Department of |
1776 | Health to support public health programs to reduce the |
1777 | incidence of mortality and morbidity from chronic |
1778 | diseases; creating s. 385.1023, F.S.; requiring the |
1779 | department to create state-level programs that address the |
1780 | risk factors of certain chronic diseases; providing |
1781 | required activities of the state-level programs; amending |
1782 | s. 385.103, F.S.; providing for community-level programs |
1783 | for the prevention of chronic diseases; revising |
1784 | definitions; requiring the department to develop and |
1785 | implement a community-based chronic disease prevention and |
1786 | health promotion program; providing the purpose of the |
1787 | program; providing requirements for the program; creating |
1788 | s. 385.105, F.S.; requiring the department to develop |
1789 | programs to increase physical fitness, to work with school |
1790 | districts, to develop partnerships that allow the public |
1791 | to access recreational facilities and public land areas |
1792 | suitable for physical activity, to work with the Executive |
1793 | Office of the Governor and Volunteer Florida, Inc., to |
1794 | promote school initiatives, and to collaborate with the |
1795 | Department of Education in recognizing nationally accepted |
1796 | best practices for improving physical education in |
1797 | schools; requiring the Department of Health to promote |
1798 | healthy lifestyles to reduce obesity; requiring the |
1799 | department to promote optimal nutritional status in all |
1800 | stages of people's lives, personal responsibility to |
1801 | prevent chronic disease or slow its progression, and |
1802 | regular health visits during a person's life span; |
1803 | authorizing state agencies to conduct employee wellness |
1804 | programs; requiring the department to serve as a model to |
1805 | develop and implement employee wellness programs; |
1806 | requiring the department to assist state agencies to |
1807 | develop the employee wellness programs; providing equal |
1808 | access to the programs by agency employees; requiring the |
1809 | department to coordinate efforts with the Department of |
1810 | Management Services and other state agencies; authorizing |
1811 | each state agency to establish an employee wellness work |
1812 | group to design the wellness program; requiring the |
1813 | department to provide requirements for participation fees, |
1814 | collaborations with businesses, and procurement of |
1815 | equipment and incentives; amending s. 385.202, F.S.; |
1816 | requiring facilities, laboratories, and practitioners to |
1817 | report information; authorizing the department to adopt |
1818 | rules regarding reporting requirements for the cancer |
1819 | registry; providing immunity from liability for facilities |
1820 | and practitioners reporting certain information; requiring |
1821 | the department to adopt rules regarding the establishment |
1822 | and operation of a statewide cancer registry program; |
1823 | requiring the department or contractual designee operating |
1824 | the statewide cancer registry program to use or publish |
1825 | material only for the purpose of public health |
1826 | surveillance and advancing medical research or medical |
1827 | education in the interest of reducing morbidity or |
1828 | mortality; authorizing the department to exchange personal |
1829 | data with any agency or contractual designee for the |
1830 | purpose of public health surveillance and medical or |
1831 | scientific research under certain circumstances; |
1832 | clarifying that the department may adopt rules regarding |
1833 | the classifications of facilities related to reports made |
1834 | to the cancer registry; requiring each facility and |
1835 | practitioner that reports cancer cases to the department |
1836 | to make their records available for onsite review; |
1837 | amending s. 385.203, F.S.; increasing the size of the |
1838 | Diabetes Advisory Council to include one representative of |
1839 | the Florida Academy of Family Physicians; amending s. |
1840 | 385.206, F.S.; renaming the "hematology-oncology care |
1841 | center program" as the "Pediatric Hematology-Oncology |
1842 | Center Program"; revising definitions; authorizing the |
1843 | department to designate centers and provide funding to |
1844 | maintain programs for the care of patients with |
1845 | hematologic and oncologic disorders; clarifying provisions |
1846 | related to grant-funding agreements and grant |
1847 | disbursements; revising the department's requirement to |
1848 | evaluate services rendered by the centers; requiring data |
1849 | from the centers and other sources relating to pediatric |
1850 | cancer to be available to the department for program |
1851 | planning and quality assurance initiatives; amending s. |
1852 | 385.207, F.S.; clarifying provisions that require the |
1853 | department to collect information regarding the number of |
1854 | clients served, the outcomes reached, the expense |
1855 | incurred, and fees collected by providers of epilepsy |
1856 | services; deleting the provision that requires the |
1857 | department to limit administrative expenses from the |
1858 | Epilepsy Services Trust Fund to a certain percentage of |
1859 | annual receipts; amending s. 385.210, F.S.; revising |
1860 | legislative findings regarding the economic costs of |
1861 | treating arthritis and its complications; authorizing the |
1862 | State Surgeon General to seek any federal waivers that may |
1863 | be necessary to maximize funds from the Federal Government |
1864 | to implement the Arthritis Prevention and Education |
1865 | Program; creating s. 385.301, F.S.; authorizing the |
1866 | department to adopt rules to administer the act; creating |
1867 | s. 385.401, F.S.; authorizing the department to establish |
1868 | a direct-support organization; providing definitions; |
1869 | providing for a board of directors; providing terms; |
1870 | providing for membership; authorizing the department to |
1871 | allow the direct-support organization to use the |
1872 | department's fixed property and facilities within the |
1873 | state public health system; providing an exception; |
1874 | requiring that the direct-support organization submit |
1875 | certain federal forms to the department; requiring that |
1876 | the direct-support organization provide an annual |
1877 | financial audit; amending s. 409.904, F.S.; conforming a |
1878 | cross-reference; creating the Pharmacy and Therapeutic |
1879 | Advisory Council within the Executive Office of the |
1880 | Governor; providing duties of the council; providing for |
1881 | the appointment and qualification of members; providing |
1882 | for the use of subject-matter experts when necessary; |
1883 | providing requirements for voting and a quorum; providing |
1884 | for quarterly meetings of the council; providing for |
1885 | staffing; providing for reimbursement of per diem and |
1886 | travel expenses for members of the council; amending s. |
1887 | 499.003, F.S.; excluding from the definition of "wholesale |
1888 | distribution" certain activities of state agencies; |
1889 | providing an effective date. |