CS for CS for SB 2614                            First Engrossed
       
       
       
       
       
       
       
       
       20092614e1
       
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 154.503,
    3         F.S.; conforming a cross-reference; repealing s.
    4         381.0053, F.S., relating to a comprehensive nutrition
    5         program; repealing s. 381.0054, F.S., relating to
    6         healthy lifestyles promotion; repealing ss. 381.732,
    7         381.733, and 381.734, F.S., relating to the Healthy
    8         Communities, Healthy People Act; amending s. 381.006,
    9         F.S.; requiring the Department of Health, when
   10         conducting an environmental health program inspection
   11         of a certified domestic violence center and certain
   12         residential child-caring agencies to limit the
   13         inspection of the domestic violence center or
   14         residential child-caring agency to the requirements
   15         set forth in the department’s rules applicable to
   16         community-based residential facilities with five or
   17         fewer residents; requiring the Department of Health to
   18         include in its environmental health program the
   19         testing of the air in enclosed ice rinks; authorizing
   20         the department to adopt rules relating to air quality
   21         standards, monitoring, testing, record keeping, the
   22         maintenance and operation of equipment that affects
   23         air quality, and assessment of fees; authorizing the
   24         department to enter and inspect an enclosed ice
   25         skating rink at reasonable hours to determine
   26         compliance with applicable air quality statutes or
   27         rules; authorizing the department to assess a fee for
   28         a specified purpose; requiring the air quality
   29         standards be consistent with federal risk values or
   30         exposure guidelines; amending s. 381.0061, F.S.;
   31         providing that the department may impose a fine, which
   32         may not exceed a specified amount for a violation of
   33         the ice rink air quality standards; amending s.
   34         381.0072, F.S.; requiring the Department of Health,
   35         when conducting a food service inspection of a
   36         certified domestic violence center to limit the
   37         inspection of the domestic violence center to the
   38         requirements set forth in the department’s rules
   39         applicable to community-based residential facilities
   40         with five or fewer residents; amending s. 381.0203,
   41         F.S.; requiring certain state agencies to purchase
   42         drugs through the statewide purchasing contract
   43         administered by the Department of Health; providing an
   44         exception; requiring the department to establish and
   45         maintain certain pharmacy services program;
   46         transferring, renumbering, and amending s. 381.84,
   47         F.S., relating to the Comprehensive Statewide Tobacco
   48         Education and Use Prevention Program; revising
   49         definitions; revising program components; requiring
   50         program components to include efforts to educate youth
   51         and their parents about tobacco use; requiring a
   52         youth-directed focus in each program component;
   53         requiring the Tobacco Education and Use Prevention
   54         Advisory Council to adhere to state ethics laws;
   55         providing that meetings of the council are subject to
   56         public-records and public-meetings requirements;
   57         revising the duties of the council; deleting a
   58         provision that prohibits a member of the council from
   59         participating in a discussion or decision with respect
   60         to a research proposal by a firm, entity, or agency
   61         with which the member is associated as a member of the
   62         governing body or as an employee or with which the
   63         member has entered into a contractual arrangement;
   64         revising the submission date of an annual report;
   65         deleting an expired provision relating to rulemaking
   66         authority of the department; transferring and
   67         renumbering s. 381.91, F.S., relating to the Jessie
   68         Trice Cancer Prevention Program; transferring,
   69         renumbering, and amending s. 381.911, F.S., relating
   70         to the Prostate Cancer Awareness Program; revising the
   71         criteria for members of the prostate cancer advisory
   72         committee; repealing s. 381.912, F.S., relating to the
   73         Cervical Cancer Elimination Task Force; transferring
   74         and renumbering s. 381.92, F.S., relating to the
   75         Florida Cancer Council; transferring and renumbering
   76         s. 381.921, F.S., relating to the mission and duties
   77         of the Florida Cancer Council; amending s. 381.922,
   78         F.S.; conforming cross-references; transferring and
   79         renumbering s. 381.93, F.S., relating to a breast and
   80         cervical cancer early detection program; transferring
   81         and renumbering s. 381.931, F.S., relating to an
   82         annual report on Medicaid expenditures; renaming ch.
   83         385, F.S., as the “Healthy and Fit Florida Act”;
   84         amending s. 385.101, F.S.; renaming the “Chronic
   85         Diseases Act” as the “Healthy and Fit Florida Act”;
   86         amending s. 385.102, F.S.; revising legislative
   87         intent; creating s. 385.1021, F.S.; providing
   88         definitions; creating s. 385.1022, F.S.; requiring the
   89         Department of Health to support public health programs
   90         to reduce the incidence of mortality and morbidity
   91         from chronic diseases; creating s. 385.1023, F.S.;
   92         requiring the department to create state-level
   93         programs that address the risk factors of certain
   94         chronic diseases; providing required activities of the
   95         state-level programs; amending s. 385.103, F.S.;
   96         providing for community-level programs for the
   97         prevention of chronic diseases; revising definitions;
   98         requiring the department to develop and implement a
   99         community-based chronic disease prevention and health
  100         promotion program; providing the purpose of the
  101         program; providing requirements for the program;
  102         creating s. 385.105, F.S.; requiring the department to
  103         develop programs to increase physical fitness, to work
  104         with school districts, to develop partnerships that
  105         allow the public to access recreational facilities and
  106         public land areas suitable for physical activity, to
  107         work with the Executive Office of the Governor and
  108         Volunteer Florida, Inc., to promote school
  109         initiatives, and to collaborate with the Department of
  110         Education in recognizing nationally accepted best
  111         practices for improving physical education in schools;
  112         requiring the Department of Health to promote healthy
  113         lifestyles to reduce obesity; requiring the department
  114         to promote optimal nutritional status in all stages of
  115         people’s lives, personal responsibility to prevent
  116         chronic disease or slow its progression, and regular
  117         health visits during a person’s life span; authorizing
  118         state agencies to conduct employee wellness programs;
  119         requiring the department to serve as a model to
  120         develop and implement employee wellness programs;
  121         requiring the department to assist state agencies to
  122         develop the employee wellness programs; providing
  123         equal access to the programs by agency employees;
  124         requiring the department to coordinate efforts with
  125         the Department of Management Services and other state
  126         agencies; authorizing each state agency to establish
  127         an employee wellness work group to design the wellness
  128         program; requiring the department to provide
  129         requirements for participation fees, collaborations
  130         with businesses, and procurement of equipment and
  131         incentives; amending s. 385.202, F.S.; requiring
  132         facilities, laboratories, and practitioners to report
  133         information; authorizing the department to adopt rules
  134         regarding reporting requirements for the cancer
  135         registry; providing immunity from liability for
  136         facilities and practitioners reporting certain
  137         information; requiring the department to adopt rules
  138         regarding the establishment and operation of a
  139         statewide cancer registry program; requiring the
  140         department or contractual designee operating the
  141         statewide cancer registry program to use or publish
  142         material only for the purpose of public health
  143         surveillance and advancing medical research or medical
  144         education in the interest of reducing morbidity or
  145         mortality; authorizing the department to exchange
  146         personal data with any agency or contractual designee
  147         for the purpose of public health surveillance and
  148         medical or scientific research under certain
  149         circumstances; clarifying that the department may
  150         adopt rules regarding the classifications of
  151         facilities related to reports made to the cancer
  152         registry; requiring each facility and practitioner
  153         that reports cancer cases to the department to make
  154         their records available for onsite review; amending s.
  155         385.203, F.S.; increasing the size of the Diabetes
  156         Advisory Council to include one representative of the
  157         Florida Academy of Family Physicians; amending s.
  158         385.206, F.S.; renaming the “hematology-oncology care
  159         center program” as the “Pediatric Hematology-Oncology
  160         Center Program”; revising definitions; authorizing the
  161         department to designate centers and provide funding to
  162         maintain programs for the care of patients with
  163         hematologic and oncologic disorders; clarifying
  164         provisions related to grant-funding agreements and
  165         grant disbursements; revising the department’s
  166         requirement to evaluate services rendered by the
  167         centers; requiring data from the centers and other
  168         sources relating to pediatric cancer to be available
  169         to the department for program planning and quality
  170         assurance initiatives; amending s. 385.207, F.S.;
  171         clarifying provisions that require the department to
  172         collect information regarding the number of clients
  173         served, the outcomes reached, the expense incurred,
  174         and fees collected by providers of epilepsy services;
  175         deleting the provision that requires the department to
  176         limit administrative expenses from the Epilepsy
  177         Services Trust Fund to a certain percentage of annual
  178         receipts; amending s. 385.210, F.S.; revising
  179         legislative findings regarding the economic costs of
  180         treating arthritis and its complications; authorizing
  181         the State Surgeon General to seek any federal waivers
  182         that may be necessary to maximize funds from the
  183         Federal Government to implement the Arthritis
  184         Prevention and Education Program; creating s. 385.301,
  185         F.S.; authorizing the department to adopt rules to
  186         administer the act; amending s. 409.904, F.S.;
  187         conforming a cross-reference; creating the Pharmacy
  188         and Therapeutic Advisory Council within the Executive
  189         Office of the Governor; providing duties of the
  190         council; providing for the appointment and
  191         qualification of members; providing for the use of
  192         subject-matter experts when necessary; providing
  193         requirements for voting and a quorum; providing for
  194         quarterly meetings of the council; providing for
  195         staffing; providing for reimbursement of per diem and
  196         travel expenses for members of the council; amending
  197         s. 430.80, F.S.; redefining the term “teaching nursing
  198         home” as it relates to the implementation of a
  199         teaching nursing home pilot project; revising the
  200         requirements to be designated as a teaching nursing
  201         home; amending s. 499.003, F.S.; excluding from the
  202         definition of “wholesale distribution” certain
  203         activities of state agencies; providing an effective
  204         date.
  205  
  206  Be It Enacted by the Legislature of the State of Florida:
  207  
  208         Section 1. Paragraph (e) of subsection (2) of section
  209  154.503, Florida Statutes, is amended to read:
  210         154.503 Primary Care for Children and Families Challenge
  211  Grant Program; creation; administration.—
  212         (2) The department shall:
  213         (e) Coordinate with the primary care program developed
  214  pursuant to s. 154.011, the Florida Healthy Kids Corporation
  215  program created in s. 624.91, the school health services program
  216  created in ss. 381.0056 and 381.0057, the Healthy Communities,
  217  Healthy People Program created in s. 381.734, and the volunteer
  218  health care provider program developed pursuant to s. 766.1115.
  219         Section 2. Sections 381.0053, 381.0054, 381.732, 381.733,
  220  and 381.734, Florida Statutes, are repealed.
  221         Section 3. Subsection (16) of section 381.006, Florida
  222  Statutes, is amended, and subsection (18) is added to that
  223  section, to read:
  224         381.006 Environmental health.—The department shall conduct
  225  an environmental health program as part of fulfilling the
  226  state’s public health mission. The purpose of this program is to
  227  detect and prevent disease caused by natural and manmade factors
  228  in the environment. The environmental health program shall
  229  include, but not be limited to:
  230         (16) A group-care-facilities function, where a group care
  231  facility means any public or private school, housing, building
  232  or buildings, section of a building, or distinct part of a
  233  building or other place, whether operated for profit or not,
  234  which undertakes, through its ownership or management, to
  235  provide one or more personal services, care, protection, and
  236  supervision to persons who require such services and who are not
  237  related to the owner or administrator. The department may adopt
  238  rules necessary to protect the health and safety of residents,
  239  staff, and patrons of group care facilities, such as child care
  240  facilities, family day care homes, assisted living facilities,
  241  adult day care centers, adult family care homes, hospices,
  242  residential treatment facilities, crisis stabilization units,
  243  pediatric extended care centers, intermediate care facilities
  244  for the developmentally disabled, group care homes, and, jointly
  245  with the Department of Education, private and public schools.
  246  These rules may include definitions of terms; provisions
  247  relating to operation and maintenance of facilities, buildings,
  248  grounds, equipment, furnishings, and occupant-space
  249  requirements; lighting; heating, cooling, and ventilation; food
  250  service; water supply and plumbing; sewage; sanitary facilities;
  251  insect and rodent control; garbage; safety; personnel health,
  252  hygiene, and work practices; and other matters the department
  253  finds are appropriate or necessary to protect the safety and
  254  health of the residents, staff, or patrons. The department may
  255  not adopt rules that conflict with rules adopted by the
  256  licensing or certifying agency. The department may enter and
  257  inspect at reasonable hours to determine compliance with
  258  applicable statutes or rules. An environmental health program
  259  inspection of a certified domestic violence center or
  260  residential child-caring agency licensed by the Department of
  261  Children and Family Services pursuant to chapter 409 shall be
  262  limited to the requirements set forth in the department’s rules
  263  applicable to community-based residential facilities with five
  264  or fewer residents. In addition to any sanctions that the
  265  department may impose for violations of rules adopted under this
  266  section, the department shall also report such violations to any
  267  agency responsible for licensing or certifying the group care
  268  facility. The licensing or certifying agency may also impose any
  269  sanction based solely on the findings of the department.
  270  
  271  The department may adopt rules to carry out the provisions of
  272  this section.
  273         (18)A function related to air quality inside an enclosed
  274  ice rink to protect the health and safety of visitors and
  275  employees of an enclosed ice skating rink from dangers
  276  associated with oxides of nitrogen (NOX), hydrocarbons (CXHX),
  277  carbon monoxide (CO), carbon dioxide (CO2) and other harmful
  278  gasses, vapors, or particles as identified by the department
  279  that change the air quality due to the operation of the ice
  280  rink. The department may adopt rules including definitions; air
  281  quality standards, monitoring, testing, and record keeping;
  282  maintenance and operation requirements for equipment that
  283  affects air quality; ventilation of the facility; operators’
  284  required response activities to the exceedance of an air quality
  285  standard; and assessment of fees. The department may enter and
  286  inspect an enclosed ice skating rink at reasonable hours to
  287  determine compliance with applicable statutes or rules. The
  288  department may assess a fee no greater than $300 to cover the
  289  actual costs of the annual inspection and review of the air
  290  quality of enclosed ice skating rinks. The air quality standards
  291  adopted by the department must be consistent with risk values or
  292  exposure guidelines recommended by the United States
  293  Environmental Protection Agency or the United States Centers for
  294  Disease Control and Prevention.
  295         Section 4. Subsection (1) of section 381.0061, Florida
  296  Statutes, is amended to read:
  297         381.0061 Administrative fines.—
  298         (1) In addition to any administrative action authorized by
  299  chapter 120 or by other law, the department may impose a fine,
  300  which shall not exceed $500 for each violation, for a violation
  301  of s. 381.006(16), s. 381.006(18), s. 381.0065, s. 381.0066, s.
  302  381.0072, or part III of chapter 489, for a violation of any
  303  rule adopted under this chapter, or for a violation of any of
  304  the provisions of chapter 386. Notice of intent to impose such
  305  fine shall be given by the department to the alleged violator.
  306  Each day that a violation continues may constitute a separate
  307  violation.
  308         Section 5. Paragraph (a) of subsection (2) of section
  309  381.0072, Florida Statutes, is amended to read:
  310         381.0072 Food service protection.—It shall be the duty of
  311  the Department of Health to adopt and enforce sanitation rules
  312  consistent with law to ensure the protection of the public from
  313  food-borne illness. These rules shall provide the standards and
  314  requirements for the storage, preparation, serving, or display
  315  of food in food service establishments as defined in this
  316  section and which are not permitted or licensed under chapter
  317  500 or chapter 509.
  318         (2) DUTIES.—
  319         (a) The department shall adopt rules, including definitions
  320  of terms which are consistent with law prescribing minimum
  321  sanitation standards and manager certification requirements as
  322  prescribed in s. 509.039, and which shall be enforced in food
  323  service establishments as defined in this section. The
  324  sanitation standards must address the construction, operation,
  325  and maintenance of the establishment; lighting, ventilation,
  326  laundry rooms, lockers, use and storage of toxic materials and
  327  cleaning compounds, and first-aid supplies; plan review; design,
  328  construction, installation, location, maintenance, sanitation,
  329  and storage of food equipment and utensils; employee training,
  330  health, hygiene, and work practices; food supplies, preparation,
  331  storage, transportation, and service, including access to the
  332  areas where food is stored or prepared; and sanitary facilities
  333  and controls, including water supply and sewage disposal;
  334  plumbing and toilet facilities; garbage and refuse collection,
  335  storage, and disposal; and vermin control. Public and private
  336  schools, if the food service is operated by school employees;
  337  hospitals licensed under chapter 395; nursing homes licensed
  338  under part II of chapter 400; child care facilities as defined
  339  in s. 402.301; residential facilities colocated with a nursing
  340  home or hospital, if all food is prepared in a central kitchen
  341  that complies with nursing or hospital regulations; and bars and
  342  lounges, as defined by department rule, are exempt from the
  343  rules developed for manager certification. The department shall
  344  administer a comprehensive inspection, monitoring, and sampling
  345  program to ensure such standards are maintained. With respect to
  346  food service establishments permitted or licensed under chapter
  347  500 or chapter 509, the department shall assist the Division of
  348  Hotels and Restaurants of the Department of Business and
  349  Professional Regulation and the Department of Agriculture and
  350  Consumer Services with rulemaking by providing technical
  351  information. Food service inspections of a certified domestic
  352  violence center shall be limited to the requirements set forth
  353  in the department’s rules applicable to community-based
  354  residential facilities with five or fewer residents.
  355         Section 6. Subsection (1) and paragraph (a) of subsection
  356  (2) of section 381.0203, Florida Statutes, are amended to read:
  357         381.0203 Pharmacy services.—
  358         (1) The department must may contract on a statewide basis
  359  for the purchase of drugs, as defined in s. 499.003, to be used
  360  by state agencies and political subdivisions, and may adopt
  361  rules to administer this section. Effective January 1, 2010, all
  362  state agencies, except the Agency for Health Care
  363  Administration, the Department of Veterans’ Affairs, and the
  364  Department of Management Services, must purchase drugs through
  365  the statewide contract unless:
  366         (a)The Pharmacy and Therapeutic Advisory Council approves
  367  a more cost-effective purchasing plan; or
  368         (b)The drugs required are not available through the
  369  statewide purchasing contract.
  370         (2) The department must may establish and maintain a
  371  pharmacy services program that includes, including, but is not
  372  limited to:
  373         (a) A central pharmacy to support pharmaceutical services
  374  provided by the county health departments, including
  375  pharmaceutical repackaging, dispensing, and the purchase and
  376  distribution of immunizations and other pharmaceuticals. Such
  377  services shall be provided to other state agencies and political
  378  subdivisions of the state upon written agreement. State agencies
  379  purchasing pharmaceutical services shall purchase pharmaceutical
  380  services, including pharmaceutical repackaging and dispensing
  381  services in the most cost-effective manner consistent with the
  382  delivery of quality medical care. Nothing in this subsection
  383  prohibits state agencies from contracting with vendors to
  384  provide these pharmaceutical services. Cost savings realized by
  385  the state through utilization of the central pharmacy may be
  386  used by the department to offset additional costs.
  387         Section 7. Section 381.84, Florida Statutes, is
  388  transferred, renumbered as section 385.106, Florida Statutes,
  389  and amended to read:
  390         385.106 381.84 Comprehensive Statewide Tobacco Education
  391  and Use Prevention Program.—
  392         (1) DEFINITIONS.—As used in this section and for purposes
  393  of the provisions of s. 27, Art. X of the State Constitution,
  394  the term:
  395         (a) “AHEC network” means an area health education center
  396  network established under s. 381.0402.
  397         (b)“Best practices” means the Best Practices for
  398  Comprehensive Tobacco Control Programs as established by the
  399  CDC, as amended.
  400         (c)(b) “CDC” means the United States Centers for Disease
  401  Control and Prevention.
  402         (d)(c) “Council” means the Tobacco Education and Use
  403  Prevention Advisory Council.
  404         (d)“Department” means the Department of Health.
  405         (e)“Tobacco” means, without limitation, tobacco itself and
  406  tobacco products that include tobacco and are intended or
  407  expected for human use or consumption, including, but not
  408  limited to, cigarettes, cigars, pipe tobacco, and smokeless
  409  tobacco.
  410         (f)“Youth” means minors and young adults.
  411         (2) PURPOSE, FINDINGS, AND INTENT.—It is the purpose of
  412  this section to implement s. 27, Art. X of the State
  413  Constitution. The Legislature finds that s. 27, Art. X of the
  414  State Constitution requires the funding of a statewide tobacco
  415  education and use prevention program that focuses on tobacco use
  416  by youth. The Legislature further finds that the primary goals
  417  of the program are to reduce the prevalence of tobacco use among
  418  youth, adults, and pregnant women; reduce per capita tobacco
  419  consumption; and reduce exposure to environmental tobacco smoke.
  420  Further, it is the intent of the Legislature to base increases
  421  in funding for individual components of the program on the
  422  results of assessments and evaluations. Recognizing that some
  423  components will need to grow faster than inflation, it is the
  424  intent of the Legislature to fund portions of the program on a
  425  nonrecurring basis in the early years so that those components
  426  that are most effective can be supported as the program matures.
  427         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
  428  shall conduct a comprehensive, statewide tobacco education and
  429  use prevention program consistent with the recommendations for
  430  effective program components contained in the 1999 Best
  431  Practices for Comprehensive Tobacco Control Programs of the CDC,
  432  as amended by the CDC. The program shall include the following
  433  components, each of which shall focus on educating people,
  434  particularly youth and their parents, about the health hazards
  435  of tobacco and discouraging the use of tobacco. All program
  436  components shall include efforts to educate youth and their
  437  parents about tobacco use, and a youth-directed focus shall
  438  exist in all components outlined in this subsection.:
  439         (a) State and community interventions.—These interventions
  440  shall include, but not be limited to, a statewide tobacco
  441  control program that combines and coordinates community-based
  442  interventions that focus on preventing initiation of tobacco use
  443  among youth and young adults; promoting quitting among adults,
  444  youth, and pregnant women; eliminating exposure to secondhand
  445  smoke; identifying and eliminating tobacco-related disparities
  446  among population groups; and promoting a range of collaborations
  447  to prevent and alleviate the effects of chronic diseases.
  448  Counter-marketing and advertising; cyberspace resource center.
  449  The counter-marketing and advertising campaign shall include, at
  450  a minimum, Internet, print, radio, and television advertising
  451  and shall be funded with a minimum of one-third of the total
  452  annual appropriation required by s. 27, Art. X of the State
  453  Constitution. A cyberspace resource center for copyrighted
  454  materials and information concerning tobacco education and use
  455  prevention, including cessation, shall be maintained by the
  456  program. Such resource center must be accessible to the public,
  457  including parents, teachers, and students, at each level of
  458  public and private schools, universities, and colleges in the
  459  state and shall provide links to other relevant resources. The
  460  Internet address for the resource center must be incorporated in
  461  all advertising. The information maintained in the resource
  462  center shall be used by the other components of the program.
  463         (b) Health communication interventions.—Effective media and
  464  health communication intervention efforts include, but are not
  465  limited to, audience research to define themes and execute
  466  messages for influential, high impact, and specifically targeted
  467  campaigns; market research to identify the target market and the
  468  behavioral theory motivating change; counter-marketing
  469  surveillance; community tie-ins to support and reinforce the
  470  statewide campaign; technologies such as viral marketing, social
  471  networks, personal web pages, and web logs; traditional media;
  472  process and outcome evaluation of the communication efforts; and
  473  promotion of available services, including the state telephone
  474  cessation quitline. Cessation programs, counseling, and
  475  treatment.—This program component shall include two
  476  subcomponents:
  477         1.A statewide toll-free cessation service, which may
  478  include counseling, referrals to other local resources and
  479  support services, and treatment to the extent funds are
  480  available for treatment services; and
  481         2.A local community-based program to disseminate
  482  information about smoking cessation, how smoking cessation
  483  relates to prenatal care and obesity prevention, and other
  484  chronic tobacco-related diseases.
  485         (c) Cessation interventions.—Cessation interventions
  486  include, but are not limited to, sustaining, expanding, and
  487  promoting the service through population-based counseling and
  488  treatment programs; encouraging public and private insurance
  489  coverage for counseling and FDA-approved medication treatments
  490  for tobacco-use cessation; eliminating cost and other barriers
  491  to treatment for underserved populations; and making health care
  492  system changes. Youth interventions to prevent tobacco-use
  493  initiation and encourage cessation among young people are needed
  494  in order to reshape the environment so that it supports tobacco
  495  free norms. Because most people who start smoking are younger
  496  than 18 years of age, intervening during adolescence is
  497  critical. Community programs and school-based policies and
  498  interventions should be a part of a comprehensive effort that is
  499  implemented in coordination with community and school
  500  environments and in conjunction with increasing the unit price
  501  of tobacco products, sustaining anti-tobacco media campaigns,
  502  making environments tobacco free, and engaging in other efforts
  503  to create tobacco-free social norms. Surveillance and
  504  evaluation.The program shall conduct ongoing epidemiological
  505  surveillance and shall contract for annual independent
  506  evaluations of the effectiveness of the various components of
  507  the program in meeting the goals as set forth in subsection (2).
  508         (d) Surveillance and evaluation.—The surveillance and
  509  evaluation of all program components shall monitor and document
  510  short-term, intermediate, and long-term intervention outcomes to
  511  inform program and policy direction and ensure accountability.
  512  The surveillance and evaluation must be conducted objectively
  513  through scientifically sound methodology. Youth school
  514  programs.School and after-school programs shall use current
  515  evidence-based curricula and programs that involve youth to
  516  educate youth about the health hazards of tobacco, help youth
  517  develop skills to refuse tobacco, and demonstrate to youth how
  518  to stop using tobacco.
  519         (e) Administration and management.—Administration and
  520  management activities include, but are not limited to, strategic
  521  planning to guide program efforts and resources in order to
  522  accomplish goals; recruiting and developing qualified and
  523  diverse technical, program, and administrative staff; awarding
  524  and monitoring program contracts and grants to coordinate
  525  implementation across program areas; developing and maintaining
  526  a fiscal-management system to track allocations and the
  527  expenditure of funds; increasing capacity at the community level
  528  through ongoing training and technical assistance; creating
  529  effective communications internally among chronic disease
  530  prevention programs and local coalitions and partners; and
  531  educating the public and decisionmakers on the health effects of
  532  tobacco and evidence-based effective program and policy
  533  interventions. Community programs and chronic disease
  534  prevention.—The department shall promote and support local
  535  community-based partnerships that emphasize programs involving
  536  youth, including programs for the prevention, detection, and
  537  early intervention of smoking-related chronic diseases.
  538         (f) Training.—The program shall include the training of
  539  health care practitioners, smoking-cessation counselors, and
  540  teachers by health professional students and other tobacco-use
  541  prevention specialists who are trained in preventing tobacco use
  542  and health education. Smoking-cessation counselors shall be
  543  trained by specialists who are certified in tobacco-use
  544  cessation.
  545         (g)County health departments Administration, statewide
  546  programs, and county health departments.—Each county health
  547  department is eligible to receive a portion of the annual
  548  appropriation, on a per capita basis, for coordinating tobacco
  549  education and use prevention programs within that county.
  550  Appropriated funds may be used to improve the infrastructure of
  551  the county health department to implement the comprehensive,
  552  statewide tobacco education and use prevention program. Each
  553  county health department shall prominently display in all
  554  treatment rooms and waiting rooms, counter-marketing and
  555  advertisement materials in the form of wall posters, brochures,
  556  television advertising if televisions are used in the lobby or
  557  waiting room, and screensavers and Internet advertising if
  558  computer kiosks are available for use or viewing by people at
  559  the county health department.
  560         (h) Enforcement and awareness of related laws.—In
  561  coordination with the Department of Business and Professional
  562  Regulation, the program shall monitor the enforcement of laws,
  563  rules, and policies prohibiting the sale or other provision of
  564  tobacco to minors, as well as the continued enforcement of the
  565  Clean Indoor Air Act prescribed in chapter 386. The
  566  advertisements produced in accordance with paragraph (b)
  567  paragraph (a) may also include information designed to make the
  568  public aware of these related laws and rules. The departments
  569  may enter into interagency agreements to carry out this program
  570  component.
  571         (i) AHEC smoking-cessation initiative.For the 2007-2008
  572  and 2008-2009 fiscal years only, The AHEC network shall expand
  573  the AHEC smoking-cessation initiative to each county within the
  574  state and perform other activities as determined by the
  575  department.
  576         (4) ADVISORY COUNCIL; MEMBERS, APPOINTMENTS, AND MEETINGS.
  577  The Tobacco Education and Use Prevention Advisory Council is
  578  created within the department.
  579         (a) The council shall consist of 23 members, including:
  580         1. The State Surgeon General, who shall serve as the
  581  chairperson.
  582         2. One county health department director, appointed by the
  583  State Surgeon General.
  584         3. Two members appointed by the Commissioner of Education,
  585  of whom one must be a school district superintendent.
  586         4. The chief executive officer of the Florida Division of
  587  the American Cancer Society, or his or her designee.
  588         5. The chief executive officer of the Greater Southeast
  589  Affiliate of the American Heart Association, or his or her
  590  designee.
  591         6. The chief executive officer of the American Lung
  592  Association of Florida, or his or her designee.
  593         7. The dean of the University of Miami School of Medicine,
  594  or his or her designee.
  595         8. The dean of the University of Florida College of
  596  Medicine, or his or her designee.
  597         9. The dean of the University of South Florida College of
  598  Medicine, or his or her designee.
  599         10. The dean of the Florida State University College of
  600  Medicine, or his or her designee.
  601         11. The dean of Nova Southeastern College of Osteopathic
  602  Medicine, or his or her designee.
  603         12. The dean of the Lake Erie College of Osteopathic
  604  Medicine in Bradenton, Florida, or his or her designee.
  605         13. The chief executive officer of the Campaign for Tobacco
  606  Free Kids, or his or her designee.
  607         14. The chief executive officer of the Legacy Foundation,
  608  or his or her designee.
  609         15. Four members appointed by the Governor, of whom two
  610  must have expertise in the field of tobacco-use prevention and
  611  education or smoking cessation and one individual who shall be
  612  between the ages of 16 and 21 at the time of his or her
  613  appointment.
  614         16. Two members appointed by the President of the Senate,
  615  of whom one must have expertise in the field of tobacco-use
  616  prevention and education or smoking cessation.
  617         17. Two members appointed by the Speaker of the House of
  618  Representatives, of whom one must have expertise in the field of
  619  tobacco-use prevention and education or smoking cessation.
  620         (b) The appointments shall be for 3-year terms and shall
  621  reflect the diversity of the state’s population. A vacancy shall
  622  be filled by appointment by the original appointing authority
  623  for the unexpired portion of the term.
  624         (c) An appointed member may not serve more than two
  625  consecutive terms.
  626         (d) The council shall meet at least quarterly and upon the
  627  call of the chairperson. Meetings may be held via teleconference
  628  or other electronic means.
  629         (e) Members of the council shall serve without
  630  compensation, but are entitled to reimbursement for per diem and
  631  travel expenses pursuant to s. 112.061. Members who are state
  632  officers or employees or who are appointed by state officers or
  633  employees shall be reimbursed for per diem and travel expenses
  634  pursuant to s. 112.061 from the state agency through which they
  635  serve.
  636         (f) The council shall adhere to all state ethics laws.
  637  Meetings of the council and the review panels are subject to
  638  chapter 119, s. 286.011, and s. 24, Art. I of the State
  639  Constitution. The department shall provide council members with
  640  information and other assistance as is reasonably necessary to
  641  assist the council in carrying out its responsibilities.
  642         (5) COUNCIL DUTIES AND RESPONSIBILITIES.—The council shall
  643  advise the State Surgeon General as to the direction and scope
  644  of the Comprehensive Statewide Tobacco Education and Use
  645  Prevention Program. The responsibilities of the council may
  646  include, but are not limited to:
  647         (a) Providing advice on program priorities and emphases.
  648         (b) Providing advice on the overall program budget.
  649         (c) Providing advice on copyrighted material, trademark,
  650  and future transactions as they pertain to the tobacco education
  651  and use prevention program.
  652         (d) Reviewing, as requested by the department, broadcast
  653  material prepared for the Internet, portable media players,
  654  radio, and television advertisement as it relates to the
  655  advertising component of the tobacco education and use
  656  prevention program.
  657         (e) Participating in periodic program evaluation, as
  658  requested by the department.
  659         (f) Assisting the department in developing the development
  660  of guidelines to ensure fairness, neutrality, and adherence to
  661  the principles of merit and quality in the conduct of the
  662  program.
  663         (g) Assisting the department in developing the development
  664  of administrative procedures relating to solicitation, review,
  665  and award of contracts and grants in order to ensure an
  666  impartial, high-quality peer review system.
  667         (h) Assisting the department in developing panels to review
  668  and evaluate potential fund recipients the development and
  669  supervision of peer review panels.
  670         (i) Assisting the department in reviewing reports of peer
  671  review panels and making recommendations for funding allocations
  672  contracts and grants.
  673         (j) Assisting the department in reviewing the activities
  674  and evaluating the performance of the AHEC network to avoid
  675  duplicative efforts using state funds.
  676         (k) Recommending specific measureable outcomes meaningful
  677  outcome measures through a regular review of evidence-based and
  678  promising tobacco-use prevention and education strategies and
  679  programs of other states and the Federal Government.
  680         (l) Recommending policies to encourage a coordinated
  681  response to tobacco use in this state, focusing specifically on
  682  creating partnerships within and between the public and private
  683  sectors.
  684         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
  685  program components or subcomponents described in paragraphs
  686  (3)(a)-(f) shall be awarded by the State Surgeon General, after
  687  consultation with the council, on the basis of merit, as
  688  determined by an open, competitive, peer-reviewed process that
  689  ensures objectivity, consistency, and high quality. The
  690  department shall award such grants or contracts no later than
  691  October 1 for each fiscal year. A recipient of a contract or
  692  grant for the program component described in paragraph (3)(d)
  693  (3)(c) is not eligible for a contract or grant award for any
  694  other program component described in subsection (3) in the same
  695  state fiscal year. A school or college of medicine that is
  696  represented on the council is not eligible to receive a contract
  697  or grant under this section. For the 2007-2008 and 2008-2009
  698  fiscal years only, The department shall award a contract or
  699  grant in the amount of $11 $10 million to the AHEC network for
  700  the purpose of developing the components described in paragraph
  701  (3)(i). The AHEC network may apply for a competitive contract or
  702  grant after the 2008-2009 fiscal year.
  703         (a) In order to ensure that all proposals for funding are
  704  appropriate and are evaluated fairly on the basis of merit, the
  705  State Surgeon General, in consultation with the council, shall
  706  appoint a peer review panel of independent, qualified experts in
  707  the field of tobacco control to review the content of each
  708  proposal and establish its priority score. The priority scores
  709  shall be forwarded to the council and must be considered in
  710  determining which proposals will be recommended for funding.
  711         (b) The council and the peer review panel shall establish
  712  and follow rigorous guidelines for ethical conduct and adhere to
  713  a strict policy with regard to conflicts of interest. Council
  714  members are subject to the applicable provisions of chapter 112.
  715  A member of the council or panel may not participate in any
  716  discussion or decision with respect to a research proposal by
  717  any firm, entity, or agency with which the member is associated
  718  as a member of the governing body or as an employee or with
  719  which the member has entered into a contractual arrangement.
  720  Meetings of the council and the peer review panels are subject
  721  to chapter 119, s. 286.011, and s. 24, Art. I of the State
  722  Constitution.
  723         (c) In each contract or grant agreement, the department
  724  shall limit the use of food and promotional items to no more
  725  than 2.5 percent of the total amount of the contract or grant
  726  and limit overhead or indirect costs to no more than 7.5 percent
  727  of the total amount of the contract or grant. The department, in
  728  consultation with the Department of Financial Services, shall
  729  publish guidelines for appropriate food and promotional items.
  730         (d) In each advertising contract, the department shall
  731  limit the total of production fees, buyer commissions, and
  732  related costs to no more than 10 percent of the total contract
  733  amount.
  734         (e) Notwithstanding the competitive process for contracts
  735  prescribed in this subsection, each county health department is
  736  eligible for core funding, on a per capita basis, to implement
  737  tobacco education and use prevention activities within that
  738  county.
  739         (7) ANNUAL REPORT REQUIRED.—By February 28 January 31 of
  740  each year, the department shall provide to the Governor, the
  741  President of the Senate, and the Speaker of the House of
  742  Representatives a report that evaluates the program’s
  743  effectiveness in reducing and preventing tobacco use and that
  744  recommends improvements to enhance the program’s effectiveness.
  745  The report must contain, at a minimum, an annual survey of youth
  746  attitudes and behavior toward tobacco, as well as a description
  747  of the progress in reducing the prevalence of tobacco use among
  748  youth, adults, and pregnant women; reducing per capita tobacco
  749  consumption; and reducing exposure to environmental tobacco
  750  smoke.
  751         (8) LIMITATION ON ADMINISTRATIVE EXPENSES.—From the total
  752  funds appropriated for the Comprehensive Statewide Tobacco
  753  Education and Use Prevention Program in the General
  754  Appropriations Act, an amount of up to 5 percent may be used by
  755  the department for administrative expenses.
  756         (9)RULEMAKING AUTHORIZED.—By January 1, 2008, the
  757  department shall adopt rules pursuant to ss. 120.536(1) and
  758  120.54 to administer this section.
  759         Section 8. Section 381.91, Florida Statutes, is transferred
  760  and renumbered as section 385.2024, Florida Statutes, to read:
  761         385.2024 381.91 Jessie Trice Cancer Prevention Program.—
  762         (1) It is the intent of the Legislature to:
  763         (a) Reduce the rates of illness and death from lung cancer
  764  and other cancers and improve the quality of life among low
  765  income African-American and Hispanic populations through
  766  increased access to early, effective screening and diagnosis,
  767  education, and treatment programs.
  768         (b) Create a community faith-based disease-prevention
  769  program in conjunction with the Health Choice Network and other
  770  community health centers to build upon the natural referral and
  771  education networks in place within minority communities and to
  772  increase access to health service delivery in Florida.
  773         (c) Establish a funding source to build upon local private
  774  participation to sustain the operation of the program.
  775         (2)(a) There is created the Jessie Trice Cancer Prevention
  776  Program, to be located, for administrative purposes, within the
  777  Department of Health, and operated from the community health
  778  centers within the Health Choice Network in Florida.
  779         (b) Funding may be provided to develop contracts with
  780  community health centers and local community faith-based
  781  education programs to provide cancer screening, diagnosis,
  782  education, and treatment services to low-income populations
  783  throughout the state.
  784         Section 9. Section 381.911, Florida Statutes, is
  785  transferred, renumbered as section 385.2023, Florida Statutes,
  786  and amended to read:
  787         385.2023 381.911 Prostate Cancer Awareness Program.—
  788         (1) To the extent that funds are specifically made
  789  available for this purpose, the Prostate Cancer Awareness
  790  Program is established within the Department of Health. The
  791  purpose of this program is to implement the recommendations of
  792  January 2000 of the Florida Prostate Cancer Task Force to
  793  provide for statewide outreach and health education activities
  794  to ensure that men are aware of and appropriately seek medical
  795  counseling for prostate cancer as an early-detection health care
  796  measure.
  797         (2) For purposes of implementing the program, the
  798  Department of Health and the Florida Public Health Foundation,
  799  Inc., may:
  800         (a) Conduct activities directly or enter into a contract
  801  with a qualified nonprofit community education entity.
  802         (b) Seek any available gifts, grants, or funds from the
  803  state, the Federal Government, philanthropic foundations, and
  804  industry or business groups.
  805         (3) A prostate cancer advisory committee is created to
  806  advise and assist the Department of Health and the Florida
  807  Public Health Foundation, Inc., in implementing the program.
  808         (a) The State Surgeon General shall appoint the advisory
  809  committee members, who shall consist of:
  810         1. Three persons from prostate cancer survivor groups or
  811  cancer-related advocacy groups.
  812         2. Three persons who are scientists or clinicians from
  813  public or nonpublic universities or research organizations.
  814         3. Three persons who are engaged in the practice of a
  815  cancer-related medical specialty from health organizations
  816  committed to cancer research and control.
  817         (b) Members shall serve without compensation but are
  818  entitled to reimbursement, pursuant to s. 112.061, for per diem
  819  and travel expenses incurred in the performance of their
  820  official duties.
  821         (4) The program shall coordinate its efforts with those of
  822  the Florida Public Health Foundation, Inc.
  823         Section 10. Section 381.912, Florida Statutes, is repealed.
  824         Section 11. Section 381.92, Florida Statutes, is
  825  transferred and renumbered as section 385.2025, Florida
  826  Statutes, to read:
  827         385.2025 381.92 Florida Cancer Council.—
  828         (1) Effective July 1, 2004, the Florida Cancer Council
  829  within the Department of Health is established for the purpose
  830  of making the state a center of excellence for cancer research.
  831         (2)(a) The council shall be representative of the state’s
  832  cancer centers, hospitals, and patient groups and shall be
  833  organized and shall operate in accordance with this act.
  834         (b) The Florida Cancer Council may create not-for-profit
  835  corporate subsidiaries to fulfill its mission. The council and
  836  its subsidiaries are authorized to receive, hold, invest, and
  837  administer property and any moneys acquired from private, local,
  838  state, and federal sources, as well as technical and
  839  professional income generated or derived from the mission
  840  related activities of the council.
  841         (c) The members of the council shall consist of:
  842         1. The chair of the Florida Dialogue on Cancer, who shall
  843  serve as the chair of the council;
  844         2. The State Surgeon General or his or her designee;
  845         3. The chief executive officer of the H. Lee Moffitt Cancer
  846  Center or his or her designee;
  847         4. The director of the University of Florida Shands Cancer
  848  Center or his or her designee;
  849         5. The chief executive officer of the University of Miami
  850  Sylvester Comprehensive Cancer Center or his or her designee;
  851         6. The chief executive officer of the Mayo Clinic,
  852  Jacksonville, or his or her designee;
  853         7. The chief executive officer of the American Cancer
  854  Society, Florida Division, Inc., or his or her designee;
  855         8. The president of the American Cancer Society, Florida
  856  Division, Inc., Board of Directors or his or her designee;
  857         9. The president of the Florida Society of Clinical
  858  Oncology or his or her designee;
  859         10. The president of the American College of Surgeons,
  860  Florida Chapter, or his or her designee;
  861         11. The chief executive officer of Enterprise Florida,
  862  Inc., or his or her designee;
  863         12. Five representatives from cancer programs approved by
  864  the American College of Surgeons. Three shall be appointed by
  865  the Governor, one shall be appointed by the Speaker of the House
  866  of Representatives, and one shall be appointed by the President
  867  of the Senate;
  868         13. One member of the House of Representatives, to be
  869  appointed by the Speaker of the House of Representatives; and
  870         14. One member of the Senate, to be appointed by the
  871  President of the Senate.
  872         (d) Appointments made by the Speaker of the House of
  873  Representatives and the President of the Senate pursuant to
  874  paragraph (c) shall be for 2-year terms, concurrent with the
  875  bienniums in which they serve as presiding officers.
  876         (e) Appointments made by the Governor pursuant to paragraph
  877  (c) shall be for 2-year terms, although the Governor may
  878  reappoint members.
  879         (f) Members of the council or any subsidiaries shall serve
  880  without compensation, and each organization represented on the
  881  council shall cover the expenses of its representatives.
  882         (3) The council shall issue an annual report to the Center
  883  for Universal Research to Eradicate Disease, the Governor, the
  884  Speaker of the House of Representatives, and the President of
  885  the Senate by December 15 of each year, with policy and funding
  886  recommendations regarding cancer research capacity in Florida
  887  and related issues.
  888         Section 12. Section 381.921, Florida Statutes, is
  889  transferred and renumbered as section 385.20251, Florida
  890  Statutes, to read:
  891         385.20251 381.921 Florida Cancer Council mission and
  892  duties.—The council, which shall work in concert with the
  893  Florida Center for Universal Research to Eradicate Disease to
  894  ensure that the goals of the center are advanced, shall endeavor
  895  to dramatically improve cancer research and treatment in this
  896  state through:
  897         (1) Efforts to significantly expand cancer research
  898  capacity in the state by:
  899         (a) Identifying ways to attract new research talent and
  900  attendant national grant-producing researchers to cancer
  901  research facilities in this state;
  902         (b) Implementing a peer-reviewed, competitive process to
  903  identify and fund the best proposals to expand cancer research
  904  institutes in this state;
  905         (c) Funding through available resources for those proposals
  906  that demonstrate the greatest opportunity to attract federal
  907  research grants and private financial support;
  908         (d) Encouraging the employment of bioinformatics in order
  909  to create a cancer informatics infrastructure that enhances
  910  information and resource exchange and integration through
  911  researchers working in diverse disciplines, to facilitate the
  912  full spectrum of cancer investigations;
  913         (e) Facilitating the technical coordination, business
  914  development, and support of intellectual property as it relates
  915  to the advancement of cancer research; and
  916         (f) Aiding in other multidisciplinary research-support
  917  activities as they inure to the advancement of cancer research.
  918         (2) Efforts to improve both research and treatment through
  919  greater participation in clinical trials networks by:
  920         (a) Identifying ways to increase adult enrollment in cancer
  921  clinical trials;
  922         (b) Supporting public and private professional education
  923  programs designed to increase the awareness and knowledge about
  924  cancer clinical trials;
  925         (c) Providing tools to cancer patients and community-based
  926  oncologists to aid in the identification of cancer clinical
  927  trials available in the state; and
  928         (d) Creating opportunities for the state’s academic cancer
  929  centers to collaborate with community-based oncologists in
  930  cancer clinical trials networks.
  931         (3) Efforts to reduce the impact of cancer on disparate
  932  groups by:
  933         (a) Identifying those cancers that disproportionately
  934  impact certain demographic groups; and
  935         (b) Building collaborations designed to reduce health
  936  disparities as they relate to cancer.
  937         Section 13. Paragraph (a) of subsection (2) and subsection
  938  (5) of section 381.922, Florida Statutes, as amended by section
  939  2 of chapter 2009-5, Laws of Florida, is amended to read:
  940         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  941  Cancer Research Program.—
  942         (2) The program shall provide grants for cancer research to
  943  further the search for cures for cancer.
  944         (a) Emphasis shall be given to the goals enumerated in s.
  945  385.20251 s. 381.921, as those goals support the advancement of
  946  such cures.
  947         (5) For the 2008-2009 fiscal year and each fiscal year
  948  thereafter, the sum of $6.75 million is appropriated annually
  949  from recurring funds in the General Revenue Fund to the
  950  Biomedical Research Trust Fund within the Department of Health
  951  for purposes of the William G. “Bill” Bankhead, Jr., and David
  952  Coley Cancer Research Program and shall be distributed pursuant
  953  to this section to provide grants to researchers seeking cures
  954  for cancer, with emphasis given to the goals enumerated in s.
  955  385.20251 s. 381.921. From the total funds appropriated, an
  956  amount of up to 10 percent may be used for administrative
  957  expenses.
  958         Section 14. Section 381.93, Florida Statutes, is
  959  transferred and renumbered as section 385.2021, Florida
  960  Statutes, to read:
  961         385.2021 381.93 Breast and cervical cancer early detection
  962  program.—This section may be cited as the “Mary Brogan Breast
  963  and Cervical Cancer Early Detection Program Act.”
  964         (1) It is the intent of the Legislature to reduce the rates
  965  of death due to breast and cervical cancer through early
  966  diagnosis and increased access to early screening, diagnosis,
  967  and treatment programs.
  968         (2) The Department of Health, using available federal funds
  969  and state funds appropriated for that purpose, is authorized to
  970  establish the Mary Brogan Breast and Cervical Cancer Screening
  971  and Early Detection Program to provide screening, diagnosis,
  972  evaluation, treatment, case management, and followup and
  973  referral to the Agency for Health Care Administration for
  974  coverage of treatment services.
  975         (3) The Mary Brogan Breast and Cervical Cancer Early
  976  Detection Program shall be funded through grants for such
  977  screening and early detection purposes from the federal Centers
  978  for Disease Control and Prevention under Title XV of the Public
  979  Health Service Act, 42 U.S.C. ss. 300k et seq.
  980         (4) The department shall limit enrollment in the program to
  981  persons with incomes up to and including 200 percent of the
  982  federal poverty level. The department shall establish an
  983  eligibility process that includes an income-verification process
  984  to ensure that persons served under the program meet income
  985  guidelines.
  986         (5) The department may provide other breast and cervical
  987  cancer screening and diagnostic services; however, such services
  988  shall be funded separately through other sources than this act.
  989         Section 15. Section 381.931, Florida Statutes, is
  990  transferred and renumbered as section 385.20211, Florida
  991  Statutes, to read:
  992         385.20211 381.931 Annual report on Medicaid expenditures.
  993  The Department of Health and the Agency for Health Care
  994  Administration shall monitor the total Medicaid expenditures for
  995  services made under this act. If Medicaid expenditures are
  996  projected to exceed the amount appropriated by the Legislature,
  997  the Department of Health shall limit the number of screenings to
  998  ensure Medicaid expenditures do not exceed the amount
  999  appropriated. The Department of Health, in cooperation with the
 1000  Agency for Health Care Administration, shall prepare an annual
 1001  report that must include the number of women screened; the
 1002  percentage of positive and negative outcomes; the number of
 1003  referrals to Medicaid and other providers for treatment
 1004  services; the estimated number of women who are not screened or
 1005  not served by Medicaid due to funding limitations, if any; the
 1006  cost of Medicaid treatment services; and the estimated cost of
 1007  treatment services for women who were not screened or referred
 1008  for treatment due to funding limitations. The report shall be
 1009  submitted to the President of the Senate, the Speaker of the
 1010  House of Representatives, and the Executive Office of the
 1011  Governor by March 1 of each year.
 1012         Section 16. Chapter 385, Florida Statutes, entitled
 1013  “Chronic Diseases,” is renamed the “Healthy and Fit Florida
 1014  Act.”
 1015         Section 17. Section 385.101, Florida Statutes, is amended
 1016  to read:
 1017         385.101 Short title.—This chapter Sections 385.101-385.103
 1018  may be cited as the “Healthy and Fit Florida Chronic Diseases
 1019  Act.”
 1020         Section 18. Section 385.102, Florida Statutes, is amended
 1021  to read:
 1022         385.102 Legislative intent.—It is the finding of the
 1023  Legislature that:
 1024         (1) Chronic diseases continue to be the leading cause of
 1025  death and disability in this state and the country exist in high
 1026  proportions among the people of this state. These Chronic
 1027  diseases include, but are not limited to, arthritis,
 1028  cardiovascular disease heart disease, hypertension, diabetes,
 1029  renal disease, cancer, and chronic obstructive lung disease,
 1030  including chronic obstructive pulmonary disease. These diseases
 1031  are often have the same preventable risk factors interrelated,
 1032  and they directly and indirectly account for a high rate of
 1033  death, disability, and underlying costs to the state’s health
 1034  care system illness.
 1035         (2)Chronic diseases have a significant impact on quality
 1036  of life, not only for the individuals who experience their
 1037  painful symptoms and resulting disabilities, but also for family
 1038  members and caregivers.
 1039         (3)Racial and ethnic minorities and other underserved
 1040  populations are disproportionately affected by chronic diseases.
 1041         (4)There are enormous medical costs and lost wages
 1042  associated with chronic diseases and their complications.
 1043         (5)(2) Advances in medical knowledge and technology assist
 1044  have assisted in the prevention, detection, and management of
 1045  chronic diseases. Comprehensive approaches that stress the
 1046  stressing application of current medical treatment, continuing
 1047  research, professional training, and patient education, and
 1048  community-level policy and environmental changes should be
 1049  implemented encouraged.
 1050         (6)(3)A comprehensive program dealing with the early
 1051  detection and prevention of chronic diseases is required to make
 1052  knowledge and therapy available to all people of this state. The
 1053  mobilization of scientific, medical, and educational resources,
 1054  along with the implementation of community-based policy under
 1055  one comprehensive chronic disease law, act will facilitate the
 1056  prevention, early intervention, and management treatment of
 1057  chronic these diseases and their symptoms. This integration of
 1058  resources and policy will and result in a decline in death and
 1059  disability illness among the people of this state.
 1060         (7)Chronic diseases account for 70 percent of all deaths
 1061  in the United States. The following chronic diseases are the
 1062  leading causes of death and disability:
 1063         (a)Heart disease and stroke, which have remained the first
 1064  and third leading causes of death for both men and women in the
 1065  United States for over seven decades and account for
 1066  approximately one-third of total deaths each year in this state.
 1067         (b)Cancer, which is the second leading cause of death and
 1068  is responsible for one in four deaths in this state.
 1069         (c)Lung disease, which is the third leading cause of death
 1070  and accounts for one in every six deaths in this state.
 1071         (d)Diabetes, which is the sixth leading cause of death in
 1072  this state.
 1073         (e)Arthritis, which is the leading cause of disability in
 1074  the United States, limiting daily activities for more than 19
 1075  million citizens. In this state, arthritis limits daily
 1076  activities for an estimated 1.3 million people.
 1077         (8)The department shall establish, promote, and maintain
 1078  state-level and local-level programs for chronic disease
 1079  prevention and health promotion to the extent that funds are
 1080  specifically made available for this purpose.
 1081         Section 19. Section 385.1021, Florida Statutes, is created
 1082  to read:
 1083         385.1021Definitions.—As used in this chapter, the term:
 1084         (1)“CDC” means the United States Centers for Disease
 1085  Control and Prevention.
 1086         (2)“Chronic disease” means an illness that is prolonged,
 1087  does not resolve spontaneously, and is rarely cured completely.
 1088         (3)“Department” means the Department of Health.
 1089         (4)“Environmental changes” means changes to the economic,
 1090  social, or physical natural or built environments which
 1091  encourage or enable behaviors.
 1092         (5)“Policy change” means altering an informal or formal
 1093  agreement between public or private sectors which sets forth
 1094  values, behaviors, or resource allocation in order to improve
 1095  health.
 1096         (6)“Primary prevention” means an intervention that is
 1097  directed toward healthy populations and focuses on avoiding
 1098  disease before it occurs.
 1099         (7)“Risk factor” means a characteristic or condition
 1100  identified during the course of an epidemiological study of a
 1101  disease that appears to be statistically associated with a high
 1102  incidence of that disease.
 1103         (8)“Secondary prevention” means an intervention that is
 1104  designed to promote the early detection and management of
 1105  diseases and reduce the risks experienced by at-risk
 1106  populations.
 1107         (9)“System changes” means altering standard activities,
 1108  protocols, policies, processes, and structures carried out in
 1109  population-based settings, such as schools, worksites, health
 1110  care facilities, faith-based organizations, and the overall
 1111  community, which promote and support new behaviors.
 1112         (10)“Tertiary prevention” means an intervention that is
 1113  directed at rehabilitating and minimizing the effects of disease
 1114  in a chronically ill population.
 1115         (11)“Tobacco” means, without limitation, tobacco itself
 1116  and tobacco products that include tobacco and are intended or
 1117  expected for human use or consumption, including, but not
 1118  limited to, cigarettes, cigars, pipe tobacco, and smokeless
 1119  tobacco.
 1120         (12)“Wellness program” means a structured program that is
 1121  designed or approved by the department to offer intervention
 1122  activities on or off the worksite which help state employees
 1123  change certain behaviors or adopt healthy lifestyles.
 1124         (13)“Youth” means children and young adults, up through 24
 1125  years of age, inclusive.
 1126         Section 20. Section 385.1022, Florida Statutes, is created
 1127  to read:
 1128         385.1022Chronic disease prevention program.—The department
 1129  shall support public health programs to reduce the incidence of
 1130  mortality and morbidity from diseases for which risk factors can
 1131  be identified. Such risk factors include, but are not limited
 1132  to, being overweight or obese, physical inactivity, poor
 1133  nutrition and diet, tobacco use, sun exposure, and other
 1134  practices that are detrimental to health. The programs shall
 1135  educate and screen the general public as well as groups at
 1136  particularly high risk of chronic diseases.
 1137         Section 21. Section 385.1023, Florida Statutes, is created
 1138  to read:
 1139         385.1023State-level prevention programs for chronic
 1140  disease.—
 1141         (1)The department shall create state-level programs that
 1142  address the leading, preventable chronic disease risk factors of
 1143  poor nutrition and obesity, tobacco use, sun exposure, and
 1144  physical inactivity in order to decrease the incidence of
 1145  arthritis, cancer, diabetes, heart disease, lung disease,
 1146  stroke, and other chronic diseases.
 1147         (2)State-level programs shall address, but need not be
 1148  limited to, the following activities:
 1149         (a)Monitoring specific causal and behavioral risk factors
 1150  that affect the health of residents in the state.
 1151         (b)Analyzing data regarding chronic disease mortality and
 1152  morbidity to track changes over time.
 1153         (c)Promoting public awareness and increasing knowledge
 1154  concerning the causes of chronic diseases, the importance of
 1155  early detection, diagnosis, and appropriate evidence-based
 1156  prevention, management, and treatment strategies.
 1157         (d)Disseminating educational materials and information
 1158  concerning evidence-based results, available services, and
 1159  pertinent new research findings and prevention strategies to
 1160  patients, health insurers, health professionals, and the public.
 1161         (e)Using education and training resources and services
 1162  developed by organizations having appropriate expertise and
 1163  knowledge of chronic diseases for technical assistance.
 1164         (f)Evaluating the quality and accessibility of existing
 1165  community-based services for chronic disease.
 1166         (g)Increasing awareness among state and local officials
 1167  involved in health and human services, health professionals and
 1168  providers, and policymakers about evidence-based chronic-disease
 1169  prevention, tobacco cessation, and treatment strategies and
 1170  their benefits for people who have chronic diseases.
 1171         (h)Developing a partnership with state and local
 1172  governments, voluntary health organizations, hospitals, health
 1173  insurers, universities, medical centers, employer groups,
 1174  private companies, and health care providers to address the
 1175  burden of chronic disease in this state.
 1176         (i)Implementing and coordinating state-level policies in
 1177  order to reduce the burden of chronic disease.
 1178         (j)Providing lasting improvements in the delivery of
 1179  health care for individuals who have chronic disease and their
 1180  families, thus improving their quality of life while also
 1181  containing health care costs.
 1182         Section 22. Section 385.103, Florida Statutes, is amended
 1183  to read:
 1184         385.103 Community-level Community intervention programs for
 1185  chronic disease prevention and health promotion.—
 1186         (1) DEFINITIONS.—As used in this section, the term:
 1187         (a) “Chronic disease prevention and health promotion
 1188  control program” means a program that may include, but is not
 1189  limited to, including a combination of the following elements:
 1190         1. Staff who are sufficiently trained and skilled in public
 1191  health, community health, or school health education to
 1192  facilitate the operation of the program Health screening;
 1193         2. Community input into the planning, implementation, and
 1194  evaluation processes Risk factor detection;
 1195         3. Use of public health data to make decisions and to
 1196  develop and prioritize community-based interventions focusing on
 1197  chronic diseases and their risk factors; Appropriate
 1198  intervention to enable and encourage changes in behaviors that
 1199  create health risks; and
 1200         4. Adherence to a population-based approach by using a
 1201  socioecological model that addresses the influence on individual
 1202  behavior, interpersonal behavior, organizational behavior, the
 1203  community, and public policy; Counseling in nutrition, physical
 1204  activity, the effects of tobacco use, hypertension, blood
 1205  pressure control, and diabetes control and the provision of
 1206  other clinical prevention services.
 1207         5.Focus on at least the common preventable risk factors
 1208  for chronic disease, such as physical inactivity, obesity, poor
 1209  nutrition, and tobacco use;
 1210         6.Focus on developing and implementing interventions and
 1211  activities through communities, schools, worksites, faith-based
 1212  organizations, and health-care settings;
 1213         7.Use of evidence-based interventions as well as best and
 1214  promising practices to guide specific activities and effect
 1215  change, which may include guidelines developed by organizations,
 1216  volunteer scientists, and health care professionals who write
 1217  published medical, scientific statements on various chronic
 1218  disease topics. The statements shall be supported by scientific
 1219  studies published in recognized journals that have a rigorous
 1220  review and approval process. Scientific statements generally
 1221  include a review of data available on a specific subject and an
 1222  evaluation of its relationship to overall chronic disease
 1223  science;
 1224         8.Use of policy, system, and environmental changes that
 1225  support healthy behaviors so as to affect large segments of the
 1226  population and encourage healthy choices;
 1227         9.Development of extensive and comprehensive evaluation
 1228  that is linked to program planning at the state level and the
 1229  community level in order to determine the program’s
 1230  effectiveness or necessary program modifications; and
 1231         10.Reduction of duplication of efforts through
 1232  coordination among appropriate entities for the efficient use of
 1233  resources.
 1234         (b) “Community Health education program” means a program
 1235  that follows involving the planned and coordinated use of the
 1236  educational standards and teaching methods resources available
 1237  in a community in an effort to provide:
 1238         1.Appropriate medical, research-based interventions to
 1239  enable and encourage changes in behaviors which reduce or
 1240  eliminate health risks;
 1241         2.Counseling in nutrition, weight management, physical
 1242  inactivity, and tobacco-use prevention and cessation strategies;
 1243  hypertension, blood pressure, high cholesterol, and diabetes
 1244  control; and other clinical prevention services;
 1245         3.1.Motivation and assistance to individuals or groups in
 1246  adopting and maintaining Motivate and assist citizens to adopt
 1247  and maintain healthful practices and lifestyles; and
 1248         4.2.Make available Learning opportunities that which will
 1249  increase the ability of people to make informed decisions
 1250  affecting their personal, family, and community well-being and
 1251  that which are designed to facilitate voluntary adoption of
 1252  behavior that which will improve or maintain health.;
 1253         3.Reduce, through coordination among appropriate agencies,
 1254  duplication of health education efforts; and
 1255         4.Facilitate collaboration among appropriate agencies for
 1256  efficient use of scarce resources.
 1257         (c) “Community intervention program” means a program
 1258  combining the required elements of a chronic disease prevention
 1259  and health promotion control program and the principles of a
 1260  community health education program that addresses system,
 1261  policy, and environmental changes that ensure that communities
 1262  provide support for healthy lifestyles into a unified program
 1263  over which a single administrative entity has authority and
 1264  responsibility.
 1265         (d)“Department” means the Department of Health.
 1266         (e)“Risk factor” means a factor identified during the
 1267  course of an epidemiological study of a disease, which factor
 1268  appears to be statistically associated with a high incidence of
 1269  that disease.
 1270         (2) OPERATION OF COMMUNITY-LEVEL COMMUNITY INTERVENTION
 1271  PROGRAMS FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION.—
 1272         (a) The department shall develop and implement a
 1273  comprehensive, community-based program for chronic disease
 1274  prevention and health promotion. The program shall be designed
 1275  to reduce major behavioral risk factors that are associated with
 1276  chronic diseases by enhancing the knowledge, skills, motivation,
 1277  and opportunities for individuals, organizations, health care
 1278  providers, small businesses, health insurers, and communities to
 1279  develop and maintain healthy lifestyles. The department shall
 1280  assist the county health departments in developing and operating
 1281  community intervention programs throughout the state. At a
 1282  minimum, the community intervention programs shall address one
 1283  to three of the following chronic diseases: cancer, diabetes,
 1284  heart disease, stroke, hypertension, renal disease, and chronic
 1285  obstructive lung disease.
 1286         (b) The program shall include:
 1287         1.Countywide assessments of specific, causal, and
 1288  behavioral risk factors that affect the health of residents;
 1289         2.The development of community-based programs for chronic
 1290  disease prevention and health promotion which incorporate health
 1291  promotion and preventive care practices that are supported in
 1292  scientific and medical literature;
 1293         3.The development and implementation of statewide age
 1294  specific, disease-specific, and community-specific health
 1295  promotion and preventive care strategies using primary,
 1296  secondary, and tertiary prevention interventions;
 1297         4.The promotion of community, research-based health
 1298  promotion model programs that meet specific criteria, address
 1299  major risk factors, and motivate individuals to permanently
 1300  adopt healthy behaviors and increase social and personal
 1301  responsibilities;
 1302         5.The development of policies that encourage the use of
 1303  alternative community delivery sites for health promotion,
 1304  disease prevention, and preventive care programs and promote the
 1305  use of neighborhood delivery sites that are close to work, home,
 1306  and school; and
 1307         6.An emphasis on the importance of healthy and physically
 1308  active lifestyles to build self-esteem and reduce morbidity and
 1309  mortality associated with chronic disease and being overweight
 1310  or obese. Existing community resources, when available, shall be
 1311  used to support the programs. The department shall seek funding
 1312  for the programs from federal and state financial assistance
 1313  programs which presently exist or which may be hereafter
 1314  created. Additional services, as appropriate, may be
 1315  incorporated into a program to the extent that resources are
 1316  available. The department may accept gifts and grants in order
 1317  to carry out a program.
 1318         (c)Volunteers shall be used to the maximum extent possible
 1319  in carrying out the programs. The department shall contract for
 1320  the necessary insurance coverage to protect volunteers from
 1321  personal liability while acting within the scope of their
 1322  volunteer assignments under a program.
 1323         (d)The department may contract for the provision of all or
 1324  any portion of the services required by a program, and shall so
 1325  contract whenever the services so provided are more cost
 1326  efficient than those provided by the department.
 1327         (e)If the department determines that it is necessary for
 1328  clients to help pay for services provided by a program, the
 1329  department may require clients to make contribution therefor in
 1330  either money or personal services. The amount of money or value
 1331  of the personal services shall be fixed according to a fee
 1332  schedule established by the department or by the entity
 1333  developing the program. In establishing the fee schedule, the
 1334  department or the entity developing the program shall take into
 1335  account the expenses and resources of a client and his or her
 1336  overall ability to pay for the services.
 1337         Section 23. Section 385.105, Florida Statutes, is created
 1338  to read:
 1339         385.105Physical activity, obesity prevention, nutrition,
 1340  other health-promotion services, and wellness programs.—
 1341         (1)PHYSICAL ACTIVITY—.
 1342         (a)The department shall develop programs for people at
 1343  every stage of their lives to increase physical fitness and
 1344  promote behavior changes.
 1345         (b)The department shall work with school health advisory
 1346  or wellness committees in each school district as established in
 1347  s. 381.0056.
 1348         (c)The department shall develop public and private
 1349  partnerships that allow the public to easily access recreational
 1350  facilities and public land areas that are suitable for physical
 1351  activity.
 1352         (d)The department shall work in collaboration with the
 1353  Executive Office of the Governor and Volunteer Florida, Inc., to
 1354  promote school initiatives, such as the Governor’s Fitness
 1355  Challenge.
 1356         (e)The department shall collaborate with the Department of
 1357  Education in recognizing nationally accepted best practices for
 1358  improving physical education in schools.
 1359         (2)OBESITY PREVENTION.—The department shall promote
 1360  healthy lifestyles to reduce the prevalence of excess weight
 1361  gain and being overweight or obese through programs that are
 1362  directed towards all residents of this state by:
 1363         (a)Using all appropriate media to promote maximum public
 1364  awareness of the latest research on healthy lifestyles and
 1365  chronic diseases and disseminating relevant information through
 1366  a statewide clearinghouse relating to wellness, physical
 1367  activity, and nutrition and the effect of these factors on
 1368  chronic diseases and disabling conditions.
 1369         (b)Providing technical assistance, training, and resources
 1370  on healthy lifestyles and chronic diseases to the public, health
 1371  care providers, school districts, and other persons or entities,
 1372  including faith-based organizations that request such assistance
 1373  to promote physical activity, nutrition, and healthy lifestyle
 1374  programs.
 1375         (c)Developing, implementing, and using all available
 1376  research methods to collect data, including, but not limited to,
 1377  population-specific data, and tracking the incidence and effects
 1378  of weight gain, obesity, and related chronic diseases. The
 1379  department shall include an evaluation and data-collection
 1380  component in all programs as appropriate. All research conducted
 1381  under this paragraph is subject to review and approval as
 1382  required by the department’s institutional review board under s.
 1383  381.86.
 1384         (d)Entering into partnerships with the Department of
 1385  Education, local communities, school districts, and other
 1386  entities to encourage schools in this state to promote
 1387  activities during and after school to help students meet a
 1388  minimum goal of 30 minutes of physical activity or physical
 1389  fitness per day.
 1390         (e)Entering into partnerships with the Department of
 1391  Education, school districts, and the Florida Sports Foundation
 1392  to develop a programs recognizing the schools at which students
 1393  demonstrate excellent physical fitness or fitness improvement.
 1394         (f)Collaborating with other state agencies to develop
 1395  policies and strategies for preventing and treating obesity,
 1396  which shall be incorporated into programs administered by each
 1397  agency and shall include promoting healthy lifestyles of
 1398  employees of each agency.
 1399         (g)Advising, in accordance with s. 456.081, health care
 1400  practitioners about the morbidity, mortality, and costs
 1401  associated with being overweight or obese, informing such
 1402  practitioners of promising clinical practices for preventing and
 1403  treating obesity, and encouraging practitioners to counsel their
 1404  patients regarding the adoption of healthy lifestyles.
 1405         (h)Maximizing all local, state, and federal funding
 1406  sources, including grants, public-private partnerships, and
 1407  other mechanisms to strengthen the department’s programs
 1408  promoting physical activity and nutrition.
 1409         (3)NUTRITION.—The department shall promote optimal
 1410  nutritional status in all stages of people’s lives by developing
 1411  strategies to:
 1412         (a)Promote and maintain optimal nutritional status in the
 1413  population through activities, including, but not limited to:
 1414         1.Nutrition screening and assessment and nutrition
 1415  counseling, including nutrition therapy, followup, case
 1416  management, and referrals for persons who have medical
 1417  conditions or nutrition-risk factors and who are provided health
 1418  services through public health programs or through referrals
 1419  from private health care providers or facilities;
 1420         2.Nutrition education to assist residents of the state in
 1421  achieving optimal health and preventing chronic disease; and
 1422         3.Consultative nutrition services to group facilities
 1423  which promote the provision of safe and nutritionally adequate
 1424  diets.
 1425         (b)Monitor and conduct surveillance of the nutritional
 1426  status of this state’s population.
 1427         (c)Conduct or support research or evaluations related to
 1428  public health nutrition. All research conducted under this
 1429  paragraph is subject to review and approval as required by the
 1430  department’s institutional review board under s. 381.86.
 1431         (d)Establish policies and standards for public health
 1432  nutrition practices.
 1433         (e)Promote interagency cooperation, professional
 1434  education, and consultation.
 1435         (f)Provide technical assistance and advise state agencies,
 1436  private institutions, and local organizations regarding public
 1437  health nutrition standards.
 1438         (g)Work with the Department of Agriculture and Consumer
 1439  Services, the Department of Education, and the Department of
 1440  Management Services to further the use of fresh produce from
 1441  this state in schools and encourage the development of community
 1442  gardens. Nutritional services shall be available to eligible
 1443  persons in accordance with eligibility criteria adopted by the
 1444  department. The department shall provide by rule requirements
 1445  for the service fees, when applicable, which may not exceed the
 1446  department’s actual costs.
 1447  
 1448  The department may adopt rules to administer this subsection.
 1449         (4)OTHER HEALTH-PROMOTION SERVICES.—
 1450         (a)The department shall promote personal responsibility by
 1451  encouraging residents of this state to be informed, follow
 1452  health recommendations, seek medical consultations and health
 1453  assessments, take healthy precautions, and comply with medical
 1454  guidelines, including those that lead to earlier detection of
 1455  chronic diseases in order to prevent chronic diseases or slow
 1456  the progression of established chronic diseases.
 1457         (b)The department shall promote regular health visits
 1458  during a person’s lifetime, including annual physical
 1459  examinations that include measuring body mass index and vital
 1460  signs, blood work, immunizations, screenings, and dental
 1461  examinations in order to reduce the financial, social, and
 1462  personal burden of chronic disease.
 1463         (5)WELLNESS PROGRAMS.—
 1464         (a)Each state agency may conduct employee wellness
 1465  programs in buildings and lands owned or leased by the state.
 1466  The department shall serve as a model to develop and implement
 1467  employee wellness programs that may include physical fitness,
 1468  healthy nutrition, self-management of disease, education, and
 1469  behavioral change. The department shall assist other state
 1470  agencies to develop and implement employee wellness programs.
 1471  These programs shall use existing resources, facilities, and
 1472  programs or resources procured through grant funding and
 1473  donations that are obtained in accordance with state ethics and
 1474  procurement policies, and shall provide equal access to any such
 1475  programs, resources, and facilities to all state employees.
 1476         (b)The department shall coordinate its efforts with the
 1477  Department of Management Services and other state agencies.
 1478         (c)Each agency may establish an employee wellness work
 1479  group to design the program. The department shall be available
 1480  to provide policy guidance and assist in identifying effective
 1481  wellness program strategies.
 1482         (d)The department shall provide by rule requirements for
 1483  nominal participation fees, when applicable, which may not
 1484  exceed the department’s actual costs; collaborations with
 1485  businesses; and the procurement of equipment and incentives.
 1486         Section 24. Section 385.202, Florida Statutes, is amended
 1487  to read:
 1488         385.202 Statewide cancer registry.—
 1489         (1) Each facility, laboratory, or practitioner licensed
 1490  under chapter 395, chapter 458, chapter 459, chapter 464,
 1491  chapter 483, and each freestanding radiation therapy center as
 1492  defined in s. 408.07, shall report to the department of Health
 1493  such information, specified by the department, by rule. The
 1494  department may adopt rules regarding reporting requirements for
 1495  the cancer registry, which shall include the data required, the
 1496  timeframe for reporting, and those professionals who are
 1497  responsible for ensuring compliance with reporting requirements,
 1498  which indicates diagnosis, stage of disease, medical history,
 1499  laboratory data, tissue diagnosis, and radiation, surgical, or
 1500  other methods of diagnosis or treatment for each cancer
 1501  diagnosed or treated by the facility or center. Failure to
 1502  comply with this requirement may be cause for registration or
 1503  licensure suspension or revocation.
 1504         (2) The department shall establish, or cause to have
 1505  established, by contract with a recognized medical organization
 1506  in this state and its affiliated institutions, a statewide
 1507  cancer registry program to ensure that cancer reports required
 1508  under this section shall be maintained and available for use in
 1509  the course of public health surveillance and any study for the
 1510  purpose of reducing morbidity or mortality; and no liability of
 1511  any kind or character for damages or other relief shall arise or
 1512  be enforced against any facility or practitioner hospital by
 1513  reason of having provided such information or material to the
 1514  department.
 1515         (3)The department may adopt rules regarding the
 1516  establishment and operation of a statewide cancer registry
 1517  program.
 1518         (4)(3) The department or a contractual designee operating
 1519  the statewide cancer registry program required by this section
 1520  shall use or publish said material only for the purpose of
 1521  public health surveillance and advancing medical research or
 1522  medical education in the interest of reducing morbidity or
 1523  mortality, except that a summary of such studies may be released
 1524  for general publication. Information which discloses or could
 1525  lead to the disclosure of the identity of any person whose
 1526  condition or treatment has been reported and studied shall be
 1527  confidential and exempt from the provisions of s. 119.07(1),
 1528  except that:
 1529         (a) Release may be made with the written consent of all
 1530  persons to whom the information applies;
 1531         (b) The department or a contractual designee may contact
 1532  individuals for the purpose of epidemiologic investigation and
 1533  monitoring, provided information that is confidential under this
 1534  section is not further disclosed; or
 1535         (c) The department may exchange personal data with any
 1536  other governmental agency or a contractual designee for the
 1537  purpose of public health surveillance and medical or scientific
 1538  research, if provided such governmental agency or contractual
 1539  designee does shall not further disclose information that is
 1540  confidential under this section.
 1541         (5)(4) Funds appropriated for this section shall be used
 1542  for establishing, administering, compiling, processing, and
 1543  providing biometric and statistical analyses to the reporting
 1544  facilities and practitioners. Funds may also be used to ensure
 1545  the quality and accuracy of the information reported and to
 1546  provide management information to the reporting facilities and
 1547  practitioners.
 1548         (6)(5) The department may adopt rules regarding the
 1549  classifications of, by rule, classify facilities that are
 1550  responsible for making reports to the cancer registry, the
 1551  content and frequency of the reports, and the penalty for
 1552  failure to comply with these requirements for purposes of
 1553  reports made to the cancer registry and specify the content and
 1554  frequency of the reports. In classifying facilities, the
 1555  department shall exempt certain facilities from reporting cancer
 1556  information that was previously reported to the department or
 1557  retrieved from existing state reports made to the department or
 1558  the Agency for Health Care Administration. The provisions of
 1559  This section does shall not apply to any facility whose primary
 1560  function is to provide psychiatric care to its patients.
 1561         (7)Notwithstanding subsection (1), each facility and
 1562  practitioner that reports cancer cases to the department shall
 1563  make their records available for onsite review by the department
 1564  or its authorized representative.
 1565         Section 25. Subsection (3) of section 385.203, Florida
 1566  Statutes, is amended to read:
 1567         385.203 Diabetes Advisory Council; creation; function;
 1568  membership.—
 1569         (3) The council shall be composed of 26 25 citizens of the
 1570  state who have knowledge of, or work in, the area of diabetes
 1571  mellitus as follows:
 1572         (a) Five interested citizens, three of whom are affected by
 1573  diabetes.
 1574         (b) Twenty-one Twenty members, who must include one
 1575  representative from each of the following areas: nursing with
 1576  diabetes-educator certification; dietary with diabetes educator
 1577  certification; podiatry; ophthalmology or optometry; psychology;
 1578  pharmacy; adult endocrinology; pediatric endocrinology; the
 1579  American Diabetes Association (ADA); the Juvenile Diabetes
 1580  Foundation (JDF); the Florida Academy of Family Physicians; a
 1581  community health center; a county health department; an American
 1582  Diabetes Association recognized community education program;
 1583  each medical school in the state; an osteopathic medical school;
 1584  the insurance industry; a Children’s Medical Services diabetes
 1585  regional program; and an employer.
 1586         (c) One or more representatives from the Department of
 1587  Health, who shall serve on the council as ex officio members.
 1588         Section 26. Section 385.206, Florida Statutes, is amended
 1589  to read:
 1590         385.206 Pediatric Hematology-Oncology care Center Program.—
 1591         (1) DEFINITIONS.—As used in this section, the term:
 1592         (a) “Department” means the Department of Health.
 1593         (b) “Hematology” means the study, diagnosis, and treatment
 1594  of blood and blood-forming tissues.
 1595         (c) “Oncology” means the study, diagnosis, and treatment of
 1596  malignant neoplasms or cancer.
 1597         (d) “Hemophilia” or “other hemostatic disorder” means a
 1598  bleeding disorder resulting from a genetic abnormality of
 1599  mechanisms related to the control of bleeding.
 1600         (e) “Sickle-cell anemia or other hemoglobinopathy” means an
 1601  hereditary, chronic disease caused by an abnormal type of
 1602  hemoglobin.
 1603         (f) “Patient” means a person under the age of 21 who is in
 1604  need of hematologic-oncologic services and who is enrolled in
 1605  the Children’s Medical Services Network declared medically and
 1606  financially eligible by the department; or a person who received
 1607  such services prior to age 21 and who requires long-term
 1608  monitoring and evaluation to ascertain the sequelae and the
 1609  effectiveness of treatment.
 1610         (g) “Center” means a facility designated by the department
 1611  as having a program specifically designed to provide a full
 1612  range of medical and specialty services to patients with
 1613  hematologic and oncologic disorders.
 1614         (2) PEDIATRIC HEMATOLOGY-ONCOLOGY CARE CENTER PROGRAM;
 1615  AUTHORITY.—The department may designate is authorized to make
 1616  grants and reimbursements to designated centers and provide
 1617  funding to establish and maintain programs for the care of
 1618  patients with hematologic and oncologic disorders. Program
 1619  administration costs shall be paid by the department from funds
 1620  appropriated for this purpose.
 1621         (3) GRANT FUNDING CONTRACTS GRANT AGREEMENTS; CONDITIONS.—
 1622         (a)Funding provided A grant made under this section shall
 1623  be pursuant to a contract contractual agreement made between a
 1624  center and the department. Each contract agreement shall provide
 1625  that patients will receive services specified types of treatment
 1626  and care from the center without additional charge to the
 1627  patients or their parents or guardians. Grants shall be
 1628  disbursed in accordance with conditions set forth in the
 1629  disbursement guidelines.
 1630         (4)GRANT DISBURSEMENTS AND SPECIAL DISBURSEMENTS FOR LOCAL
 1631  PROGRAMS.—
 1632         (b)(a)Funding may be provided Grant disbursements may be
 1633  made to centers that which meet the following criteria:
 1634         1. The personnel shall include at least one board-certified
 1635  pediatric hematologist-oncologist, at least one board-certified
 1636  pediatric surgeon, at least one board-certified radiotherapist,
 1637  and at least one board-certified pathologist.
 1638         2. As approved by the department, The center shall actively
 1639  participate in a national children’s cancer study group,
 1640  maintain a pediatric tumor registry, have a multidisciplinary
 1641  pediatric tumor board, and meet other guidelines for
 1642  development, including, but not limited to, guidelines from such
 1643  organizations as the American Academy of Pediatrics and the
 1644  American Pediatric Surgical Association.
 1645         (b)Programs shall also be established to provide care to
 1646  hematology-oncology patients within each district of the
 1647  department. The guidelines for local programs shall be
 1648  formulated by the department. Special disbursements may be made
 1649  by the program office to centers for educational programs
 1650  designed for the districts of the department. These programs may
 1651  include teaching total supportive care of the dying patient and
 1652  his or her family, home therapy to hemophiliacs and patients
 1653  with other hemostatic disorders, and screening and counseling
 1654  for patients with sickle-cell anemia or other
 1655  hemoglobinopathies.
 1656         (4)(5) PROGRAM AND PEER REVIEW.—The department shall
 1657  evaluate at least annually during the grant period the services
 1658  rendered by the centers and the districts of the department.
 1659  Data from the centers and other sources relating to pediatric
 1660  cancer shall be reviewed annually by the Florida Association of
 1661  Pediatric Tumor Programs, Inc.; and a written report with
 1662  recommendations shall be made to the department. This database
 1663  will be available to the department for program planning and
 1664  quality assurance initiatives formulation of its annual program
 1665  and financial evaluation report. A portion of the funds
 1666  appropriated for this section may be used to provide statewide
 1667  consultation, supervision, and evaluation of the programs of the
 1668  centers, as well as central program office support personnel.
 1669         Section 27. Paragraph (g) of subsection (2) and subsection
 1670  (7) of section 385.207, Florida Statutes, are amended to read:
 1671         385.207 Care and assistance of persons with epilepsy;
 1672  establishment of programs in epilepsy control.—
 1673         (2) The Department of Health shall:
 1674         (g) Continue current programs and develop cooperative
 1675  programs and services designed to enhance the vocational
 1676  rehabilitation of epilepsy clients, including the current jobs
 1677  programs. The department shall, as part of its contract with a
 1678  provider of epilepsy services, collect information regarding the
 1679  number of clients served, the outcomes reached, the expenses
 1680  incurred, and the fees collected by such providers for the
 1681  provision of services keep and make this information available
 1682  to the Governor and the Legislature upon request information
 1683  regarding the number of clients served, the outcome reached, and
 1684  the expense incurred by such programs and services.
 1685         (7)The department shall limit total administrative
 1686  expenditures from the Epilepsy Services Trust Fund to 5 percent
 1687  of annual receipts.
 1688         Section 28. Paragraphs (b), (d), and (g) of subsection (2)
 1689  and paragraph (b) of subsection (5) of section 385.210, Florida
 1690  Statutes, are amended to read:
 1691         385.210 Arthritis prevention and education.—
 1692         (2) LEGISLATIVE FINDINGS.—The Legislature finds the
 1693  following:
 1694         (b) Arthritis is the leading cause of disability in the
 1695  United States, limiting daily activities for more than 19 7
 1696  million citizens.
 1697         (d) There are enormous economic and social costs associated
 1698  with treating arthritis and its complications; the economic
 1699  costs are estimated at over $128 billion (2003) $116 billion
 1700  (1997) annually in the United States.
 1701         (g) The National Arthritis Foundation, the CDC Centers for
 1702  Disease Control and Prevention, and the Association of State and
 1703  Territorial Health Officials have led the development of a
 1704  public health strategy, the National Arthritis Action Plan, to
 1705  respond to this challenge.
 1706         (5) FUNDING.—
 1707         (b) The State Surgeon General may shall seek any federal
 1708  waiver or waivers that may be necessary to maximize funds from
 1709  the Federal Government to implement this program.
 1710         Section 29. Section 385.301, Florida Statutes, is created
 1711  to read:
 1712         385.301Rulemaking authority.—The department may adopt
 1713  rules pursuant to chapter 120 to administer this chapter.
 1714         Section 30. Subsection (9) of section 409.904, Florida
 1715  Statutes, is amended to read:
 1716         409.904 Optional payments for eligible persons.—The agency
 1717  may make payments for medical assistance and related services on
 1718  behalf of the following persons who are determined to be
 1719  eligible subject to the income, assets, and categorical
 1720  eligibility tests set forth in federal and state law. Payment on
 1721  behalf of these Medicaid eligible persons is subject to the
 1722  availability of moneys and any limitations established by the
 1723  General Appropriations Act or chapter 216.
 1724         (9) Eligible women with incomes at or below 200 percent of
 1725  the federal poverty level and under age 65, for cancer treatment
 1726  pursuant to the federal Breast and Cervical Cancer Prevention
 1727  and Treatment Act of 2000, screened through the Mary Brogan
 1728  Breast and Cervical Cancer Early Detection Program established
 1729  under s. 385.2021 s. 381.93.
 1730         Section 31. The Pharmacy and Therapeutic Advisory Council.—
 1731         (1)The Pharmacy and Therapeutic Advisory Council is
 1732  created within the Executive Office of the Governor to serve in
 1733  an advisory capacity to the Department of Health and other
 1734  governmental agencies. The council may not interfere with
 1735  existing mandated Medicaid services and may not develop or
 1736  implement new ones. Specifically, the council may not interfere
 1737  with the work of the Agency for Health Care Administration as it
 1738  complies with federal and state statutory obligations to develop
 1739  a preferred drug list, to negotiate rebate agreements for
 1740  medications included in the preferred drug list, and to protect
 1741  the confidentiality of rebate agreements. The council may not
 1742  interfere with the Medicaid Pharmacy and Therapeutics Committee
 1743  or the Drug Utilization Review Board, which oversee clinical
 1744  activities within the Bureau of Pharmacy Services if such
 1745  interference would violate any federal or state statutory
 1746  obligations.
 1747         (2)The Pharmacy and Therapeutic Advisory Council shall use
 1748  Medicaid processes within the existing Medicaid structure of the
 1749  Agency for Health Care Administration as a guide for assisting
 1750  state agencies in:
 1751         (a)Developing an unbiased clinical perspective on drug
 1752  evaluations and utilization protocols that are relevant to
 1753  patient care provided through programs administered by state
 1754  agencies.
 1755         (b)Developing drug-utilization-review processes that are
 1756  relevant to the agencies and those receiving care through
 1757  programs administered by the agencies.
 1758         (c)Building a formulary structure that enforces formulary
 1759  compliance or adherence within each agency.
 1760         (d)Performing pharmacoeconomic analyses on formulary
 1761  management so that the state maximizes the cost-effectiveness of
 1762  its pharmaceutical purchasing.
 1763         (e)Reviewing new and existing therapies using criteria
 1764  established for efficacy, safety, and quality in order to
 1765  maximize cost-effective purchasing.
 1766         (f)Reviewing state agency proposals to maximize the cost
 1767  effectiveness of pharmaceutical purchasing in compliance with s.
 1768  381.0203.
 1769         (3) The council shall verify the cost-effectiveness and
 1770  clinical efficacy of any state contracts under s. 381.0203(1),
 1771  Florida Statutes, no less than once every 2 years.
 1772         (4)The members of the council and the chair shall be
 1773  appointed by the Governor to 4-year staggered terms or until
 1774  their successors are appointed. Members may be appointed to more
 1775  than one term. The Governor shall fill any vacancies for the
 1776  remainder of the unexpired term in the same manner as the
 1777  original appointment.
 1778         (5)The council shall include voting and nonvoting members,
 1779  and the chair, who is a voting member, must be a pharmacist
 1780  employed by a state agency.
 1781         (a)The voting members shall represent:
 1782         1.The Agency for Health Care Administration.
 1783         2.The Agency for Persons with Disabilities.
 1784         3.The Department of Children and Family Services.
 1785         4.The Department of Corrections.
 1786         5.The Department of Elderly Affairs.
 1787         6.The Department of Health.
 1788         7.The Department of Juvenile Justice.
 1789         8.The Bureau of Pharmacy Services within the Agency for
 1790  Health Care Administration, which shall be represented by the
 1791  bureau chief.
 1792         9.The Bureau of Statewide Pharmaceutical Services within
 1793  the Department of Health, which shall be represented by the
 1794  bureau chief.
 1795         (b)The nonvoting members shall be:
 1796         1.A representative from the Agency for Health Care
 1797  Administration’s drug contracting program.
 1798         2.The contracting officer for the Department of Health’s
 1799  drug procurement program.
 1800         3.A clinical pharmacy program manager from the Agency for
 1801  Health Care Administration.
 1802         4.The chair of the Department of Health’s Pharmacy and
 1803  Therapeutics Committee.
 1804         5.The general counsel for the Agency for Health Care
 1805  Administration or his or her designee.
 1806         6.The general counsel for a state agency in the executive
 1807  branch of state government, or his or her designee.
 1808         7.A representative from the Executive Office of the
 1809  Governor.
 1810         8.The statewide pharmacy director of the Department of
 1811  Corrections’ Office of Health Services.
 1812         (6)Members of the council shall consist of at least one
 1813  physician licensed under chapter 458 or chapter 459, Florida
 1814  Statutes, at least one pharmacist licensed under chapter 465,
 1815  Florida Statutes, and at least one registered nurse licensed
 1816  under chapter 464, Florida Statutes. Each member designated in
 1817  this subsection must have an active license in his or her
 1818  profession and may not have been the subject of any agency
 1819  disciplinary action.
 1820         (7)Members, who must be residents of this state, shall be
 1821  selected on the basis of specialty, board certification, prior
 1822  pharmacy and therapeutic experience, experience treating medical
 1823  assistance recipients, ability to represent a broad base of
 1824  constituents, and number of years of practice. Members must not
 1825  have any conflicts of interest due to their service on the
 1826  council.
 1827         (8)The council may request the participation of additional
 1828  subject-matter experts to address specific drug, therapeutic, or
 1829  drug-procurement issues under review by the council.
 1830         (9)A majority of the members of the council constitutes a
 1831  quorum, and an affirmative vote of a majority of the voting
 1832  members is necessary to take action.
 1833         (10)The council shall meet quarterly or at the call of the
 1834  chair.
 1835         (11)The council shall be staffed by the chair’s department
 1836  or agency.
 1837         (12)The council members shall serve without compensation,
 1838  but are entitled to reimbursement for travel and per diem
 1839  expenses incurred in the performance of their duties in
 1840  accordance with s. 112.061, Florida Statutes.
 1841         Section 32. Subsections (1) and (3) of section 430.80,
 1842  Florida Statutes, are amended to read:
 1843         430.80 Implementation of a teaching nursing home pilot
 1844  project.—
 1845         (1) As used in this section, the term “teaching nursing
 1846  home” means a nursing home facility licensed under chapter 400
 1847  which contains a minimum of 275 400 licensed nursing home beds;
 1848  has access to a resident senior population of sufficient size to
 1849  support education, training, and research relating to geriatric
 1850  care; and has a contractual relationship with a federally funded
 1851  accredited geriatric research center in this state or operates
 1852  in its own right a geriatric research center.
 1853         (3) To be designated as a teaching nursing home, a nursing
 1854  home licensee must, at a minimum:
 1855         (a) Provide a comprehensive program of integrated senior
 1856  services that include institutional services and community-based
 1857  services;
 1858         (b) Participate in a nationally recognized accreditation
 1859  program and hold a valid accreditation, such as the
 1860  accreditation awarded by the Joint Commission on Accreditation
 1861  of Healthcare Organizations, or possess a Gold Seal Award as
 1862  conferred by the Agency for Health Care Administration on its
 1863  licensed nursing home;
 1864         (c) Have been in business in this state for a minimum of 10
 1865  consecutive years;
 1866         (d) Demonstrate an active program in multidisciplinary
 1867  education and research that relates to gerontology;
 1868         (e) Have a formalized contractual relationship with at
 1869  least one accredited health profession education program located
 1870  in this state;
 1871         (f) Have a formalized contractual relationship with an
 1872  accredited hospital that is designated by law as a teaching
 1873  hospital; and
 1874         (f)(g) Have senior staff members who hold formal faculty
 1875  appointments at universities, which must include at least one
 1876  accredited health profession education program; and.
 1877         (g)(h) Maintain insurance coverage pursuant to s.
 1878  400.141(20) or proof of financial responsibility in a minimum
 1879  amount of $750,000. Such proof of financial responsibility may
 1880  include:
 1881         1. Maintaining an escrow account consisting of cash or
 1882  assets eligible for deposit in accordance with s. 625.52; or
 1883         2. Obtaining and maintaining pursuant to chapter 675 an
 1884  unexpired, irrevocable, nontransferable and nonassignable letter
 1885  of credit issued by any bank or savings association organized
 1886  and existing under the laws of this state or any bank or savings
 1887  association organized under the laws of the United States that
 1888  has its principal place of business in this state or has a
 1889  branch office which is authorized to receive deposits in this
 1890  state. The letter of credit shall be used to satisfy the
 1891  obligation of the facility to the claimant upon presentment of a
 1892  final judgment indicating liability and awarding damages to be
 1893  paid by the facility or upon presentment of a settlement
 1894  agreement signed by all parties to the agreement when such final
 1895  judgment or settlement is a result of a liability claim against
 1896  the facility.
 1897         Section 33. Paragraph (g) is added to subsection (53) of
 1898  section 499.003, Florida Statutes, to read:
 1899         499.003 Definitions of terms used in this part.—As used in
 1900  this part, the term:
 1901         (53) “Wholesale distribution” means distribution of
 1902  prescription drugs to persons other than a consumer or patient,
 1903  but does not include:
 1904         (g)The sale, purchase, trade, or transfer of a
 1905  prescription drug among agencies and health care entities of the
 1906  state to complete the dispensing of the prescription drug to a
 1907  patient under the care of a state agency or health care entity,
 1908  or to a patient for whom the state is responsible for providing
 1909  or arranging health care services. The agency or health care
 1910  entity that received the prescription drug on behalf of the
 1911  patient is deemed the patient’s agent under s. 465.003(6).
 1912         Section 34. This act shall take effect July 1, 2009.