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