SB 902                                           First Engrossed
       
       
       
       
       
       
       
       
       2009902e1
       
    1                        A bill to be entitled                      
    2         An act relating to public health; amending ss.
    3         381.855, 381.911, and 381.912, F.S.; conforming
    4         terminology to changes made by the act; amending s.
    5         381.98, F.S.; changing the name of the Florida Public
    6         Health Foundation, Inc., to the Florida Public Health
    7         Institute, Inc.; modifying the purpose of the
    8         institute; deleting the mission of the institute;
    9         revising the membership of the board of directors and
   10         the term of membership; deleting the duties of the
   11         institute to facilitate communication between
   12         biomedical researchers and health care providers, to
   13         provide an annual report of its finances, and to
   14         provide an annual report of its activities to the
   15         Governor and the Florida Center for Universal Research
   16         to Eradicate Disease; amending s. 381.981, F.S.;
   17         conforming terminology to changes made by the act;
   18         amending s. 499.01, F.S.; revising the criteria for
   19         health care clinic establishment permits; providing an
   20         effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (5) of section
   25  381.855, Florida Statutes, is amended to read:
   26         381.855 Florida Center for Universal Research to Eradicate
   27  Disease.—
   28         (5) There is established within the center an advisory
   29  council that shall meet at least annually.
   30         (a) The council shall consist of one representative from a
   31  Florida not-for-profit institution engaged in basic and clinical
   32  biomedical research and education which receives more than $10
   33  million in annual grant funding from the National Institutes of
   34  Health, to be appointed by the State Surgeon General from a
   35  different institution each term, and one representative from and
   36  appointed by each of the following entities:
   37         1. Enterprise Florida, Inc.
   38         2. BioFlorida.
   39         3. The Biomedical Research Advisory Council.
   40         4. The Florida Medical Foundation.
   41         5. Pharmaceutical Research and Manufacturers of America.
   42         6. The Florida Cancer Council.
   43         7. The American Cancer Society, Florida Division, Inc.
   44         8. The American Heart Association.
   45         9. The American Lung Association of Florida.
   46         10. The American Diabetes Association, South Coastal
   47  Region.
   48         11. The Alzheimer’s Association.
   49         12. The Epilepsy Foundation.
   50         13. The National Parkinson Foundation.
   51         14. The Florida Public Health Institute Foundation, Inc.
   52         15. The Florida Research Consortium.
   53         Section 2. Subsections (2), (3), and (4) of section
   54  381.911, Florida Statutes, are amended to read:
   55         381.911 Prostate Cancer Awareness Program.—
   56         (2) For purposes of implementing the program, the
   57  Department of Health and the Florida Public Health Institute
   58  Foundation, Inc., may:
   59         (a) Conduct activities directly or enter into a contract
   60  with a qualified nonprofit community education entity.
   61         (b) Seek any available gifts, grants, or funds from the
   62  state, the Federal Government, philanthropic foundations, and
   63  industry or business groups.
   64         (3) A prostate cancer advisory committee is created to
   65  advise and assist the Department of Health and the Florida
   66  Public Health Institute Foundation, Inc., in implementing the
   67  program.
   68         (a) The State Surgeon General shall appoint the advisory
   69  committee members, who shall consist of:
   70         1. Three persons from prostate cancer survivor groups or
   71  cancer-related advocacy groups.
   72         2. Three persons who are scientists or clinicians from
   73  public universities or research organizations.
   74         3. Three persons who are engaged in the practice of a
   75  cancer-related medical specialty from health organizations
   76  committed to cancer research and control.
   77         (b) Members shall serve without compensation but are
   78  entitled to reimbursement, pursuant to s. 112.061, for per diem
   79  and travel expenses incurred in the performance of their
   80  official duties.
   81         (4) The program shall coordinate its efforts with those of
   82  the Florida Public Health Institute Foundation, Inc.
   83         Section 3. Subsection (1) and paragraph (d) of subsection
   84  (2) of section 381.912, Florida Statutes, are amended to read:
   85         381.912 Cervical Cancer Elimination Task Force.—
   86         (1) Effective July 1, 2004, the Cervical Cancer Elimination
   87  Task Force is established for the purpose of recommending
   88  strategies and actions to reduce the costs and burdens of
   89  cervical cancer in Florida. The task force shall present interim
   90  reports to the Florida Public Health Institute Foundation, Inc.,
   91  the Florida Cancer Council, the Center for Universal Research to
   92  Eradicate Disease, the Governor, the President of the Senate,
   93  and the Speaker of the House of Representatives on January 1,
   94  2006, and July 1, 2007, with a final report due on June 30,
   95  2008. After submitting its final report on or before June 30,
   96  2008, the task force is dissolved.
   97         (2) The task force shall:
   98         (d) Provide recommendations to the Florida Public Health
   99  Institute Foundation, Inc., on public awareness issues relating
  100  to cervical cancer, such as the causes, personal risk factors,
  101  value of prevention, available vaccines, early detection
  102  options, treatment costs, new technology, and education for
  103  health care practitioners.
  104         Section 4. Section 381.98, Florida Statutes, is amended to
  105  read:
  106         381.98 The Florida Public Health Institute Foundation,
  107  Inc.; establishment; purpose; mission; duties; board of
  108  directors.—
  109         (1) The Florida Public Health Institute Foundation, Inc.,
  110  referred to in this section as “the corporation,” is established
  111  for the purpose of advancing the knowledge and practice of
  112  public health, including disseminating breakthrough findings in
  113  biomedical research and promoting health awareness in this state
  114  and providing services to the Department of Health.
  115         (2)The corporation’s mission includes disseminating
  116  information about innovative biomedical research and clinical
  117  trials in this state as well as making Floridians and their
  118  treatment providers aware of specified diseases and conditions
  119  and available methods of preventing, diagnosing, treating, and
  120  curing those diseases and conditions.
  121         (2)(3) The purpose and objective of the corporation shall
  122  be to operate exclusively for charitable, scientific, and
  123  educational purposes; to protect and improve the health and
  124  well-being of Florida’s people and environment through
  125  partnerships committed to program innovation, education, applied
  126  research, and policy development; and to engage in charitable
  127  programs dedicated to improving the health of Floridians.
  128         (3)(4) The corporation shall be established as a not-for
  129  profit entity qualifying under s. 501(c)(3) of the Internal
  130  Revenue Code. The corporation may receive, hold, invest, and
  131  administer property and any moneys acquired from private, local,
  132  state, and federal sources, as well as technical and
  133  professional income generated or derived from the mission
  134  related activities of the corporation. The corporation shall
  135  have all of the powers conferred upon corporations organized
  136  under chapter 617.
  137         (4)(5) The corporation’s duties include procuring funds
  138  necessary for accomplishing the purpose and mission of the
  139  corporation. The corporation shall strive to complement,
  140  supplement, and enhance the missions of the various
  141  organizations, entities, and departments represented on its
  142  board by serving as the lead corporation in the state for
  143  promoting public health awareness.
  144         (5)(6) The affairs of the corporation shall be managed by
  145  an executive director appointed by a board of directors.
  146  consisting of:
  147         (6)The board of directors shall be elected in accordance
  148  with the bylaws of the corporation and shall include, but not be
  149  limited to, the following persons:
  150         (a) The State Surgeon General or his or her designee.
  151         (b) A representative of the Florida Public Health
  152  Association former member of the Senate appointed by the
  153  President of the Senate.
  154         (c) Representatives of local health departments in the
  155  state, with at least one representative from the southern,
  156  central, and northern areas of the state A former member of the
  157  House of Representatives appointed by the Speaker of the House
  158  of Representatives.
  159         (d) Representatives from institutions of higher learning A
  160  representative of the American Heart Association.
  161         (e) Representatives from the private health care, business,
  162  or foundation community A representative of the American Cancer
  163  Society, Florida Division, Inc.
  164  
  165  The majority of the board may not be employed by the state.
  166         (f)A representative of the American Lung Association of
  167  Florida.
  168         (g)A representative of the American Diabetes Association,
  169  South Coastal Region.
  170         (h)A representative of the Alzheimer’s Association.
  171         (i)A representative of the Epilepsy Foundation.
  172         (j)A representative of the National Parkinson Foundation.
  173         (k)A representative of the March of Dimes, Florida
  174  Chapter.
  175         (l)A representative of the Arthritis Foundation, Florida
  176  Chapter.
  177         (m)A representative of the American Liver Foundation.
  178         (n)A representative of the Florida Council for Behavioral
  179  Healthcare, Inc.
  180         (o)A representative of the Florida Alcohol and Drug Abuse
  181  Association.
  182         (p)A representative of Pharmaceutical Research and
  183  Manufacturers of America.
  184         (q)A representative of the Florida Public Health
  185  Association.
  186         (r)A representative of the Florida Association of County
  187  Health Officers.
  188         (s)A public health academician selected by the State
  189  Health Officer.
  190         (t)A representative of the Florida Academy of Family
  191  Physicians.
  192         (u)Three consumers who have demonstrated an interest in
  193  protecting the public health appointed by the Florida Public
  194  Health Association.
  195         (v)A representative of the Florida Association of Health
  196  Plans.
  197         (7) Members of the board of directors shall serve for 4
  198  year 2-year terms and shall serve without compensation. Each
  199  organization represented on the board of directors shall cover
  200  the expenses of its representative.
  201         (8)The corporation, in consultation with the Department of
  202  Health and the Florida Center for Universal Research to
  203  Eradicate Disease, shall facilitate communication between
  204  biomedical researchers and health care providers each month
  205  according to the health awareness schedule established by the
  206  Florida Public Health Foundation, Inc., in order to ensure
  207  ongoing dialogue between researchers, treatment providers, and
  208  the department.
  209         (8)(9) The corporation and the Department of Health shall
  210  enter into partnerships with providers of continuing education
  211  for health care practitioners, including, but not limited to,
  212  hospitals and state and local medical organizations, to ensure
  213  that practitioners are aware of the most recent and complete
  214  diagnostic and treatment tools.
  215         (9)(10) The corporation may provide personnel to the
  216  Department of Health for the purpose of performing duties and
  217  responsibilities outlined in private and public grants received
  218  by the Department of Health. These personnel are not state
  219  employees and are not entitled to retirement credit and other
  220  benefits provided to state employees under chapters 110 and 112.
  221  These personnel shall perform services pursuant to an agreement
  222  between the corporation and the Department of Health.
  223         (10)(11) The corporation may purchase goods, services, and
  224  property for use by the Department of Health. These purchases
  225  are not subject to the provisions of chapters 253, 255, and 287,
  226  nor to the control or direction of the Department of
  227  Environmental Protection or the Department of Management
  228  Services.
  229         (11)(12) The corporation shall provide an annual report
  230  concerning its activities and finances to the Florida Center for
  231  Universal Research to Eradicate Disease and shall provide copies
  232  of the annual report to the Governor, the President of the
  233  Senate, and the Speaker of the House of Representatives.
  234         Section 5. Section 381.981, Florida Statutes, is amended to
  235  read:
  236         381.981 Health awareness campaigns.—
  237         (1) The Florida Public Health Institute Foundation, Inc.,
  238  in consultation with the Department of Health, shall coordinate
  239  monthly health awareness campaigns with national, state, and
  240  local health care organizations and government entities
  241  targeting a wide range of the public, including: parents;
  242  teachers and other school employees; students in 4th through
  243  12th grades, colleges, and universities; state agency employees;
  244  county and local government employees; patients of county health
  245  departments; Medicaid recipients; health care professionals and
  246  providers; and the public in general.
  247         (2) The awareness campaigns shall include the provision of
  248  educational information about preventing, detecting, treating,
  249  and curing the following diseases or conditions. Additional
  250  diseases and conditions that impact the public health may be
  251  added by the board of directors of the Florida Public Health
  252  Institute Foundation, Inc.; however, each of the following
  253  diseases or conditions must be included in an awareness campaign
  254  during at least 1 month in any 24-month period:
  255         (a) Cancer, including breast, prostate, cervical, ovarian,
  256  colorectal, and skin cancer and leukemia.
  257         (b) Heart disease.
  258         (c) Stroke.
  259         (d) Lung disease, including asthma and smoking-relating
  260  disease.
  261         (e) Neurological disorders and disease, including
  262  Alzheimer’s disease, Parkinson’s disease, and epilepsy.
  263         (f) Gastrointestinal disease.
  264         (g) Kidney disease.
  265         (h) Diabetes.
  266         (i) Liver disease.
  267         (j) Autoimmune disorders.
  268         (k) Birth defects and prenatal care.
  269         (l) Obesity and malnutrition.
  270         (m) Sexually transmissible disease.
  271         (n) Hepatitis A, hepatitis B, and hepatitis C.
  272         (o) Arthritis.
  273         (p) Vaccine-preventable diseases.
  274         (q) Infectious diseases, including HIV/AIDS.
  275         (r) Substance abuse.
  276         (s) Mental illness.
  277         (t) Lupus.
  278         (u) Osteoporosis.
  279         (3) The health awareness campaigns shall be funded by the
  280  Florida Public Health Institute Foundation, Inc., and the
  281  Department of Health to the extent that funds are available from
  282  public and private sources.
  283         (4) Health awareness information shall be disseminated
  284  through all available methods, including print, audio, visual,
  285  and electronic media.
  286         Section 6. Paragraph (t) of subsection (2) of section
  287  499.01, Florida Statutes, is amended to read:
  288         499.01 Permits.—
  289         (2) The following permits are established:
  290         (t) Health care clinic establishment permit.—Effective
  291  January 1, 2009, a health care clinic establishment permit is
  292  required for the purchase of a prescription drug by a place of
  293  business at one general physical location owned and operated by
  294  a professional corporation or professional limited liability
  295  company described in chapter 621, or a corporation that employs
  296  a veterinarian as a qualifying practitioner. For the purpose of
  297  this paragraph, the term “qualifying practitioner” means a
  298  licensed health care practitioner defined in s. 456.001 or a
  299  veterinarian licensed under chapter 474, who is authorized under
  300  the appropriate practice act to prescribe and administer a
  301  prescription drug.
  302         1. An establishment must provide, as part of the
  303  application required under s. 499.012, designation of a
  304  qualifying practitioner who will be responsible for complying
  305  with all legal and regulatory requirements related to the
  306  purchase, recordkeeping, storage, and handling of the
  307  prescription drugs. In addition, the designated qualifying
  308  practitioner shall be the practitioner whose name, establishment
  309  address, and license number is used on all distribution
  310  documents for prescription drugs purchased or returned by the
  311  health care clinic establishment. Upon initial appointment of a
  312  qualifying practitioner, the qualifying practitioner and the
  313  health care clinic establishment shall notify the department on
  314  a form furnished by the department within 10 days after such
  315  employment. In addition, the qualifying practitioner and health
  316  care clinic establishment shall notify the department within 10
  317  days after any subsequent change.
  318         2. The health care clinic establishment must employ a
  319  qualifying practitioner at each establishment.
  320         3. In addition to the remedies and penalties provided in
  321  this part, a violation of this chapter by the health care clinic
  322  establishment or qualifying practitioner constitutes grounds for
  323  discipline of the qualifying practitioner by the appropriate
  324  regulatory board.
  325         4. The purchase of prescription drugs by the health care
  326  clinic establishment is prohibited during any period of time
  327  when the establishment does not comply with this paragraph.
  328         5. A health care clinic establishment permit is not a
  329  pharmacy permit or otherwise subject to chapter 465. A health
  330  care clinic establishment that meets the criteria of a modified
  331  Class II institutional pharmacy under s. 465.019 is not eligible
  332  to be permitted under this paragraph.
  333         6. A business entity governed by s. 466.0285 may pay for
  334  prescription drugs obtained by a practitioner licensed under
  335  chapter 466, and the licensed practitioner is deemed the
  336  purchaser and owner of the prescription drugs.
  337         7.6. This paragraph does not prohibit a qualifying
  338  practitioner from purchasing prescription drugs.
  339         Section 7. This act shall take effect upon becoming a law.