HB 377

1
A bill to be entitled
2An act relating to cancer research and control; amending
3s. 20.435, F.S.; changing the carryforward period of
4certain funds of the Biomedical Research Trust Fund;
5amending s. 215.5602, F.S.; modifying the terms and
6membership and establishing a staggered membership for
7appointed members of the Biomedical Research Advisory
8Council; authorizing the council to recommend a portion of
9the allocation for the James and Esther King Biomedical
10Research Program for specified purposes and to develop a
11grant application and review mechanism; prohibiting any
12member of the council from participating in council or
13peer-review panel discussions or decisions regarding
14certain proposals; authorizing the Department of Health to
15accept and use gifts for awards under the program;
16amending s. 381.922, F.S.; revising the purpose of the
17William G. "Bill" Bankhead, Jr., and David Coley Cancer
18Research Program; revising the types of applications
19considered for funding; authorizing the Biomedical
20Research Advisory Council to recommend a portion of the
21allocation for the program for specified purposes and to
22develop a grant application and review mechanism;
23prohibiting any member of the council from participating
24in council or panel discussions or decisions regarding
25certain proposals; requiring the department to submit to
26the Governor and Legislature a report by a specified date;
27authorizing the Department of Health to accept and use
28gifts for awards under the program; creating s. 381.923,
29F.S.; creating the Florida Comprehensive Cancer Control
30Act; providing legislative intent; providing definitions;
31creating the Florida Cancer Control and Resource Advisory
32Council; providing membership of the council; providing
33the composition of the executive committee of the council;
34providing for terms of the council and meetings; providing
35for reimbursement for per diem and travel expenses;
36prohibiting a member of the council from participating in
37any discussion or decision to recommend any type of award
38or contract to any qualified nonprofit association or to
39any agency of this state or a political subdivision of the
40state with which the member is associated as an employee
41or as a member of the governing body or with which the
42member has entered into a contractual arrangement;
43providing the duties and responsibilities of the council;
44requiring the council to report findings and
45recommendations to the Governor, the Legislature, and the
46State Surgeon General; requiring the council to develop or
47purchase written summaries regarding medically viable
48treatment alternatives for the management of breast cancer
49and prostate cancer; providing requirements for the
50written summaries; requiring the council to develop and
51implement education programs regarding early detection and
52treatment of breast cancer and prostate cancer; requiring
53that the H. Lee Moffitt Cancer Center and Research
54Institute, Inc., provide an executive director for the
55council; authorizing the Department of Health to adopt
56rules to administer s. 381.923, F.S.; requiring the
57department to produce the Florida Cancer Plan in
58consultation with the council; creating the Cancer Control
59Collaborative Program within the Department of Health;
60providing the responsibility and mission of the program;
61requiring the department to appoint a director; providing
62duties for each regional cancer control collaborative;
63requiring the collaborative program to submit to the
64council an annual report by a specified date; requiring
65the program to serve as the infrastructure for expansion
66or adaption as federal programs or other opportunities
67arise for future cancer control initiatives; amending ss.
68458.324 and 459.0125, F.S.; conforming cross-references;
69repealing s. 1004.435, F.S., relating to cancer control
70and research; providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Paragraph (c) of subsection (8) of section
7520.435, Florida Statutes, is amended to read:
76     20.435  Department of Health; trust funds.-The following
77trust funds shall be administered by the Department of Health:
78     (8)  Biomedical Research Trust Fund.
79     (c)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
80any balance of any appropriation from the Biomedical Research
81Trust Fund which is not disbursed but which is obligated
82pursuant to contract or committed to be expended may be carried
83forward for up to 5 3 years after following the effective date
84of the original appropriation.
85     Section 2.  Subsections (2), (3), (5), and (7) of section
86215.5602, Florida Statutes, are amended, and subsection (13) is
87added to that section, to read:
88     215.5602  James and Esther King Biomedical Research
89Program.-
90     (2)  Funds appropriated for the James and Esther King
91Biomedical Research Program shall be used exclusively for the
92award of grants and fellowships as established in this section;
93for research relating to the prevention, diagnosis, treatment,
94and cure of diseases related to tobacco use, including cancer,
95cardiovascular disease, stroke, and pulmonary disease; and for
96expenses incurred in the administration of this section; and as
97provided in subsection (5). Priority shall be granted to
98research designed to prevent or cure disease.
99     (3)  There is created within the Department of Health the
100Biomedical Research Advisory Council.
101     (a)  The council shall consist of 12 11 members, including:
102the chief executive officer of the Florida Division of the
103American Cancer Society, or a designee; the chief executive
104officer of the Greater Southeast Florida/Puerto Rico Affiliate
105of the American Heart Association, or a designee; and the chief
106executive officer of the American Lung Association of Florida,
107or a designee; and the chief executive officer of BioFlorida, or
108a designee. The remaining 8 members of the council shall be
109appointed as follows:
110     1.  The Governor shall appoint four members, two members
111with expertise in the field of biomedical research, one member
112from a research university in the state, and one member
113representing the general population of the state.
114     2.  The President of the Senate shall appoint two members,
115one member with expertise in the field of behavioral or social
116research and one representative from a cancer program approved
117by the American College of Surgeons.
118     3.  The Speaker of the House of Representatives shall
119appoint two members, one member from a professional medical
120organization and one representative from a cancer program
121approved by the American College of Surgeons.
122
123In making these appointments, the Governor, the President of the
124Senate, and the Speaker of the House of Representatives shall
125select primarily, but not exclusively, Floridians with
126biomedical and lay expertise in the general areas of cancer,
127cardiovascular disease, stroke, and pulmonary disease. The
128appointments shall be for 4-year staggered terms a 3-year term
129and shall reflect the diversity of the state's population. An
130appointed member may not serve more than two consecutive terms.
131The first two appointments by the Governor and the first
132appointment by the President of the Senate and the Speaker of
133the House of Representatives on or after July 1, 2011, shall be
134for a term of 2 years each.
135     (b)  The council shall adopt internal organizational
136procedures as necessary for its efficient organization.
137     (c)  The department shall provide such staff, information,
138and other assistance as is reasonably necessary to assist the
139council in carrying out its responsibilities.
140     (d)  Members of the council shall serve without
141compensation, but may receive reimbursement as provided in s.
142112.061 for travel and other necessary expenses incurred in the
143performance of their official duties.
144     (5)(a)  Applications for biomedical research funding under
145the program may be submitted from any university or established
146research institute in the state. All qualified investigators in
147the state, regardless of institution affiliation, shall have
148equal access and opportunity to compete for the research
149funding.
150     (b)  Grants and fellowships shall be awarded by the State
151Surgeon General, after consultation with the council, on the
152basis of scientific merit, as determined by an open competitive
153peer review process that ensures objectivity, consistency, and
154high quality. The following types of applications shall be
155considered for funding:
156     1.  Investigator-initiated research grants.
157     2.  Institutional research and training grants.
158     3.  Predoctoral and postdoctoral research fellowships.
159     (c)  For any given year, the council may also recommend up
160to one-third of the allocation for the program for the
161recruitment of cancer, heart, or lung disease researchers and
162research teams to institutions in the state; for operational
163start-up grants for newly recruited cancer, heart, or lung
164disease research teams; and for equipment expenditures related
165to the expansion of cancer, heart, or lung disease research and
166treatment capacity in the state. For the purposes of
167implementing this paragraph, the council may develop a grant
168application and review mechanism other than the process for
169reviewing research proposals prescribed in subsection (6);
170however, such mechanism must ensure a fair and rigorous analysis
171of the merit of any proposals considered under this paragraph.
172     (7)  The council and the peer review panel shall establish
173and follow rigorous guidelines for ethical conduct and adhere to
174a strict policy with regard to conflict of interest. A member of
175the council or panel may not participate in any council or panel
176discussion or decision with respect to a research proposal, or
177any proposal related to those projects contemplated in paragraph
178(5)(c), by any firm, entity, or agency with which the member is
179associated as a member of the governing body or as an employee,
180or with which the member has entered into a contractual
181arrangement. Meetings of the council and the peer review panels
182shall be subject to the provisions of chapter 119, s. 286.011,
183and s. 24, Art. I of the State Constitution.
184     (13)  The Department of Health may accept gifts made
185unconditionally by will or otherwise, deposit them into the
186Biomedical Research Trust Fund, and use them for grant or
187fellowship awards in the program. Any gift made under conditions
188that, in the judgment of the department, upon consultation with
189the council, are proper and consistent with this section, the
190laws of the United States, and state law, may be accepted and
191shall be held, invested, reinvested, and used in accordance with
192the conditions of the gift.
193     Section 3.  Section 381.922, Florida Statutes, is amended
194to read:
195     381.922  William G. "Bill" Bankhead, Jr., and David Coley
196Cancer Research Program.-
197     (1)  The William G. "Bill" Bankhead, Jr., and David Coley
198Cancer Research Program, which may be otherwise cited as the
199"Bankhead-Coley Program," is created within the Department of
200Health. The purpose of the program shall be to advance progress
201towards cures for cancer using through grants awarded through a
202peer-reviewed, competitive process and to expand cancer research
203and treatment capacity in this state.
204     (2)  The program shall provide grants for cancer research,
205including cancer clinical trials projects as provided in this
206section, to further the search for cures for cancer; for
207recruiting cancer researchers and research teams to institutions
208in the state; for operational start-up grants for newly
209recruited cancer researchers and research teams; or for
210equipment expenditures related to the expansion of cancer
211research and treatment capacity in the state.
212     (a)  Emphasis shall be given to the following goals, as
213those goals support the advancement of such cures:
214     1.  Efforts to significantly expand cancer research
215capacity in the state by:
216     a.  Identifying ways to attract new research talent and
217attendant national grant-producing researchers to cancer
218research facilities in this state;
219     b.  Implementing a peer-reviewed, competitive process to
220identify and fund the best proposals to expand cancer research
221institutes in this state;
222     c.  Funding through available resources for those proposals
223that demonstrate the greatest opportunity to attract federal
224research grants and private financial support;
225     d.  Encouraging the employment of bioinformatics in order
226to create a cancer informatics infrastructure that enhances
227information and resource exchange and integration through
228researchers working in diverse disciplines, to facilitate the
229full spectrum of cancer investigations;
230     e.  Facilitating the technical coordination, business
231development, and support of intellectual property as it relates
232to the advancement of cancer research; and
233     f.  Aiding in other multidisciplinary research-support
234activities as they inure to the advancement of cancer research.
235     2.  Efforts to improve both research and treatment through
236greater participation in clinical trials networks by:
237     a.  Identifying ways to increase adult enrollment in cancer
238clinical trials;
239     b.  Supporting public and private professional education
240programs designed to increase the awareness and knowledge about
241cancer clinical trials;
242     c.  Providing tools to cancer patients and community-based
243oncologists to aid in the identification of cancer clinical
244trials available in the state; and
245     d.  Creating opportunities for the state's academic cancer
246centers to collaborate with community-based oncologists in
247cancer clinical trials networks.
248     3.  Efforts to reduce the impact of cancer on disparate
249groups by:
250     a.  Identifying those cancers that disproportionately
251impact certain demographic groups; and
252     b.  Building collaborations designed to reduce health
253disparities as they relate to cancer.
254     (b)  Preference may be given to grant proposals that foster
255collaborations among institutions, researchers, and community
256practitioners, as such proposals support the advancement of
257cures through basic or applied research, including clinical
258trials involving cancer patients and related networks and the
259transfer of knowledge gained from research into the practice of
260community practitioners.
261     (3)(a)  Applications for funding for cancer research may be
262submitted by any university or established research institute in
263the state. All qualified investigators in the state, regardless
264of institutional affiliation, shall have equal access and
265opportunity to compete for the research funding. Collaborative
266proposals, including those that advance the program's goals
267enumerated in subsection (2), may be given preference. Grants
268shall be awarded by the State Surgeon General, after
269consultation with the Biomedical Research Advisory Council
270established under s. 215.5602, on the basis of scientific merit,
271as determined by an open, competitive peer review process that
272ensures objectivity, consistency, and high quality. The
273following types of applications shall be considered for funding:
274     1.  Investigator-initiated research grants.
275     2.  Institutional research and training grants.
276     3.  Predoctoral and postdoctoral research fellowships.
277     4.3.  Collaborative research grants, including those that
278advance the finding of cures through basic or applied research.
279     5.  Clinical trial project grants, particularly those
280projects such as matching services that identify prospective
281clinical trials treatment options for cancer patients in this
282state or those projects that otherwise foster greater rates of
283participation in trials. At least one such grant shall be
284awarded in any given year if a meritorious proposal or proposals
285are received. Such project grant proposals are not required to
286be posed as a research question in order to qualify for an
287award.
288     (b)  For any given year, the council may recommend up to
289one-third of the allocation for grants by the program for the
290recruitment of cancer researchers and research teams to
291institutions in the state, for operational start-up grants for
292newly recruited cancer researchers and research teams, or for
293equipment expenditures related to the expansion of cancer
294research and treatment capacity in the state. For the purposes
295of implementing this paragraph, the council may develop a grant
296application and review mechanism other than the process for
297reviewing research proposals prescribed in paragraph (c);
298however, such mechanism shall ensure a fair and rigorous
299analysis of the merit of any proposals considered under this
300paragraph.
301     (c)(b)  In order to ensure that all proposals for research
302funding are appropriate and are evaluated fairly on the basis of
303scientific merit, the State Surgeon General, in consultation
304with the council, shall appoint a peer review panel of
305independent, scientifically qualified individuals to review the
306scientific content of each proposal and establish its priority
307score. The priority scores shall be forwarded to the council and
308must be considered in determining which proposals shall be
309recommended for funding.
310     (d)(c)  The council and the peer review panel shall
311establish and follow rigorous guidelines for ethical conduct and
312adhere to a strict policy with regard to conflicts of interest.
313A member of the council or panel may not participate in any
314council or panel discussion or decision with respect to a
315research proposal, or any proposal related to those projects
316contemplated in paragraph (b), by any firm, entity, or agency
317with which the member is associated as a member of the governing
318body or as an employee or with which the member has entered into
319a contractual arrangement. Meetings of the council and the peer
320review panels are subject to chapter 119, s. 286.011, and s. 24,
321Art. I of the State Constitution.
322     (4)  By February 1 December 15 of each year, the council
323Department of Health shall submit to the Governor, the President
324of the Senate, and the Speaker of the House of Representatives a
325report indicating progress towards the program's mission and
326making recommendations that further its purpose.
327     (5)  The William G. "Bill" Bankhead, Jr., and David Coley
328Cancer Research program is funded pursuant to s. 215.5602(12).
329Funds appropriated for the William G. "Bill" Bankhead, Jr., and
330David Coley Cancer Research program shall be distributed
331pursuant to this section to provide grants to researchers
332seeking cures for cancer and cancer-related illnesses, with
333emphasis given to the goals enumerated in this section. From the
334total funds appropriated, an amount of up to 10 percent may be
335used for administrative expenses. From funds appropriated to
336accomplish the goals of this section, up to $250,000 shall be
337available for the operating costs of the Florida Center for
338Universal Research to Eradicate Disease.
339     (6)  The Department of Health may accept gifts made
340unconditionally by will or otherwise, deposit them into the
341Biomedical Research Trust Fund, and use them for grant or
342fellowship awards in the program. Any gift made under conditions
343that, in the judgment of the department, upon consultation with
344the council, are proper and consistent with this section, the
345laws of the United States, and state law, may be accepted and
346shall be held, invested, reinvested, and used in accordance with
347the conditions of the gift.
348     Section 4.  Section 381.923, Florida Statutes, is created
349to read:
350     381.923  Comprehensive Cancer Control.-
351     (1)  SHORT TITLE.-This section may be cited as the "Florida
352Comprehensive Cancer Control Act."
353     (2)  LEGISLATIVE INTENT.-It is the finding of the
354Legislature that:
355     (a)  Advances in scientific knowledge have led to
356prevention, early detection, and therapeutic capabilities in the
357control of cancer. Such knowledge, screening technologies, and
358therapies must be made available to all residents of this state.
359     (b)  Research shows that certain lifestyles and exposures,
360such as tobacco use, exposure to ultraviolet radiation from the
361sun, and exposure to occupational and environmental carcinogens,
362contribute to the risk for many types of cancer and that certain
363screening tests are effective in diagnosing cancer early when it
364is more treatable. The role of diet, exercise, and other healthy
365lifestyles are also important in cancer prevention and control.
366Proven causes of cancer and methods for early detection should
367be publicized and be the subject of linguistically and
368culturally appropriate educational and awareness programs for
369the prevention of cancer.
370     (c)  An effective cancer control program would mobilize the
371scientific, educational, and medical resources that presently
372exist into an intense attack against this dreaded disease, with
373the primary goal to reduce the cancer burden for the residents
374of this state.
375     (3)  DEFINITIONS.-As used in this section, the term:
376     (a)  "Cancer" means all malignant neoplasms, regardless of
377the tissue of origin, including lymphoma and leukemia.
378     (b)  "Council" means the Florida Cancer Control and
379Resource Advisory Council.
380     (c)  "Department" means the Department of Health.
381     (d)  "Plan" means the Florida Cancer Plan.
382     (e)  "Program" means the Florida Cancer Control
383Collaborative Program.
384     (f)  "Qualified nonprofit association" means any
385association, incorporated or unincorporated, which has received
386tax-exempt status from the Internal Revenue Service.
387     (4)  FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
388CREATION; COMPOSITION.-
389     (a)  There is created within the H. Lee Moffitt Cancer
390Center and Research Institute, Inc., the Florida Cancer Control
391and Resource Advisory Council, which is an advisory body
392appointed to function on a continuing basis to recommend
393solutions and policy alternatives to the Governor, members of
394the Legislature, the State Surgeon General, and other
395policymakers. The council shall consist of cancer organizational
396representation and cancer control stakeholders, with a
397chairperson elected by the council membership for a term of 2
398years. Each council member must be a resident of this state. The
399Governor shall appoint three members representing the general
400public, with the initial appointments being for terms of 1 year,
4012 years, and 3 years, respectively, beginning July 1, 2012.
402Thereafter, gubernatorial appointments to the council shall be
403for terms of 3 years. The President of the Senate and the
404Speaker of the House of Representatives shall each appoint one
405member from his or her legislative body to serve on the council
406at any given time. Each of the following organizations shall
407designate a representative to serve on the council:
408     1.  H. Lee Moffitt Cancer Center and Research Institute,
409Inc.
410     2.  University of Florida Shands Cancer Center.
411     3.  University of Miami Sylvester Comprehensive Cancer
412Center.
413     4.  Mayo Clinic, Florida.
414     5.  M.D. Anderson Cancer Center, Florida.
415     6.  American Cancer Society, Florida Division.
416     7.  American Lung Association of the Southeast.
417     8.  American Association for Retired Persons.
418     9.  Department of Health.
419     10.  Department of Education.
420     11.  Florida Tumor Registrars Association.
421     12.  Florida Cancer Data System.
422     13.  Florida Society of Oncology Social Workers.
423     14.  Florida Oncology Nurses Society.
424     15.  Florida Society of Clinical Oncology.
425     16.  Florida Association of Pediatric Tumor Programs, Inc.
426     17.  Florida Medical Association.
427     18.  Florida Hospital Association.
428     19.  Florida Nursing Association.
429     20.  Florida Dental Association.
430     21.  Florida Osteopathic Association.
431     22.  University of Florida College of Medicine.
432     23.  Florida Academy of Family Physicians.
433     24.  University of Miami College of Medicine.
434     25.  University of South Florida College of Medicine.
435     26.  Florida State University College of Medicine.
436     27.  University of Central Florida College of Medicine.
437     28.  Nova Southeastern College of Osteopathic Medicine.
438     29.  Florida International University College of Medicine.
439     30.  Lake Erie School of Osteopathic Medicine.
440     31.  Biomedical Research Advisory Council.
441     32.  Center for Universal Research to Eradicate Disease.
442     33.  A representative from each of the regional cancer
443control collaboratives.
444     (b)  An executive committee, which shall be responsible for
445coordinating the activities and planning the direction of the
446full council, shall be comprised of the council's elected
447chairperson, one at-large member elected by the full council,
448and the members representing the Department of Health, the
449American Cancer Society, the H. Lee Moffitt Cancer Center and
450Research Institute, Inc., the University of Florida Shands
451Cancer Center, and the University of Miami Sylvester
452Comprehensive Cancer Center, as well as the appointee of the
453President of the Senate, the appointee of the Speaker of the
454House of Representatives, and one of the gubernatorial
455appointees, who shall be designated by the council's
456chairperson. If the council chairperson is a designee of one of
457the entities named in this paragraph, the full council shall
458elect a second at-large position to serve on the executive
459committee. The elected positions on the executive committee
460shall be for terms of 2 years.
461     (c)  The council shall meet at least semiannually. A
462majority of members shall constitute a quorum for the purpose of
463exercising all of the powers of the council.
464     (d)  The council members shall serve without compensation,
465but are entitled to reimbursement for per diem and travel
466expenses as provided in s. 112.061.
467     (e)  A member of the council may not participate in any
468council discussion or decision to recommend any type of award or
469contract to any qualified nonprofit association or to any agency
470of this state or a political subdivision of the state with which
471the member is associated as an employee or as a member of the
472governing body or with which the member has entered into a
473contractual arrangement.
474     (f)  The council may prescribe, amend, and repeal bylaws
475governing the manner in which the business of the council is
476conducted.
477     (g)  The council shall advise the Governor, the
478Legislature, the State Surgeon General, and other state
479policymakers with respect to cancer control and resources in
480this state.
481     (h)  The council shall approve a plan for cancer control,
482to be known as the "Florida Cancer Control Plan," which shall be
483consistent to the extent possible with other cancer or health-
484related state plans and integrated and coordinated with existing
485programs in this state. The council shall review and approve the
486plan at least every 2 years.
487     (i)  The council shall formulate and recommend to the
488Governor, the Legislature, the State Surgeon General, and other
489state policymakers a plan for the prevention and early detection
490of cancer which is evidence-based and consistent with standards
491of practice and supported by evidence-based medicine. The State
492Surgeon General and other state policymakers shall consider the
493plan in developing departmental priorities and funding
494priorities and standards under chapter 385.
495     (j)  The council shall provide expertise, input, and
496recommendations regarding the content and development of the
497Florida Cancer Plan and the coordination and integration of
498other state plans concerning cancer control.
499     (k)  The council may establish committees to develop
500strategies for taking action regarding:
501     1.  Cancer plan evaluation, including the creation of a
502tumor registry, data retrieval systems, and the epidemiology of
503cancer in the state.
504     2.  Cancer prevention.
505     3.  Cancer detection.
506     4.  Cancer treatments.
507     5.  Support services for cancer patients and caregivers.
508     6.  Cancer education for laypersons and professionals.
509     7.  Other cancer-control-related topics.
510     (l)  The council shall advise the State Surgeon General on
511methods of enforcing and implementing laws already enacted that
512relate to cancer control.
513     (m)  The council may recommend to the State Surgeon General
514rules consistent with law as it may deem necessary for the
515performance of its duties and the proper administration of this
516section.
517     (n)  The council shall be physically located at the H. Lee
518Moffitt Cancer Center and Research Institute, Inc.
519     (o)  By December 1 of each year, the council shall report
520its findings and recommendations to the Governor, the President
521of the Senate, the Speaker of the House of Representatives, and
522the State Surgeon General.
523     (p)  Subject to specific appropriations by the Legislature,
524the council shall develop or purchase standardized written
525summaries, written in language easily understood by the average
526adult, to inform persons who have or who are at high risk of
527being diagnosed with breast cancer or who have prostate cancer
528or are considering prostate cancer screening of the medically
529viable treatment alternatives available to effectively manage
530breast cancer or prostate cancer; describe treatment options;
531and explain the advantages, disadvantages, and risks associated
532with each treatment option. The summaries shall be printed in
533the form of a pamphlet or booklet and made continuously
534available to physicians and surgeons in the state for their use
535in accordance with s. 458.324 and to osteopathic physicians in
536this state for their use in accordance with s. 459.0125. The
537council shall periodically update both summaries to reflect
538current standards of medical practice in the treatment of breast
539cancer and prostate cancer.
540     (q)  Subject to specific appropriations by the Legislature,
541the council shall develop and implement educational programs,
542including distribution of the summaries developed or purchased
543under paragraph (p), to inform citizen groups, associations, and
544voluntary organizations about early detection and treatment of
545breast cancer and prostate cancer.
546     (5)  RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
547AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.-
548     (a)  The H. Lee Moffitt Cancer Center and Research
549Institute, Inc., shall provide a full-time executive director to
550coordinate, facilitate, and communicate the mission and
551responsibilities of the council. Additional administrative
552support, information, and other assistance shall also be
553provided as reasonably necessary for the completion of the
554responsibilities of the council.
555     (b)  The Department of Health, after consultation with the
556council, may adopt rules necessary to administer this section.
557     (c)  The Florida Cancer Plan is established within the
558Department of Health. The department shall consult with the
559council in developing the plan, prioritizing goals, and
560allocating resources.
561     (6)  FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM;
562CREATION; COMPOSITION.-
563     (a)  The Cancer Control Collaborative Program is
564established within the Department of Health and resides within
565the William G. "Bill" Bankhead, Jr., and David Coley Cancer
566Research Program. The program is responsible for overseeing and
567providing infrastructure for the state cancer collaborative
568network. The primary mission of the program is to implement the
569plan's initiatives and identify and facilitate the local
570development of solutions to cancer control needs of the
571populations served by the regional cancer control
572collaboratives. The program shall prioritize programs and
573resources to reduce the burden of cancer in this state,
574consistent with the plan.
575     (b)  The department shall appoint a director, who is
576responsible for supervising the program, and provide, at a
577minimum, centralized organization, communications, information
578technology, shared resources, and cancer control expertise to
579the regional cancer control collaboratives.
580     (c)  Each regional cancer control collaborative shall bring
581together local cancer stakeholders, develop bylaws, identify and
582prioritize cancer control needs of its region, and develop
583solutions to solve problems, consistent with the plan and the
584goal of reducing the burden of cancer in this state. Each
585collaborative shall meet at least semiannually and send
586representation to the council meetings.
587     (d)  By October 15 of each year, the program shall submit
588an annual report to the council. The council shall have input
589into the prioritization of programs and proposed allocation of
590resources in the program consistent with the plan.
591     (e)  The program shall serve as the infrastructure for
592expansion or adaptation as federal programs or other
593opportunities arise for future cancer control initiatives. The
594development of the infrastructure for local cancer control
595collaboratives, to the extent possible, shall be designed to
596leverage opportunities for funding from the United States
597Centers for Disease Control and Prevention or other federal
598sources.
599     Section 5.  Subsection (1) and paragraph (a) of subsection
600(2) of section 458.324, Florida Statutes, are amended to read:
601     458.324  Breast cancer; information on treatment
602alternatives.-
603     (1)  DEFINITION.-As used in this section, the term
604"medically viable," as applied to treatment alternatives, means
605modes of treatment generally considered by the medical
606profession to be within the scope of current, acceptable
607standards, including treatment alternatives described in the
608written summary prepared by the Florida Cancer Control and  
609Resource Research Advisory Council in accordance with s.
610381.923(4)(o) 1004.435(4)(m).
611     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-Each
612physician treating a patient who is, or in the judgment of the
613physician is at high risk of being, diagnosed as having breast
614cancer shall inform such patient of the medically viable
615treatment alternatives available to such patient; shall describe
616such treatment alternatives; and shall explain the relative
617advantages, disadvantages, and risks associated with the
618treatment alternatives to the extent deemed necessary to allow
619the patient to make a prudent decision regarding such treatment
620options. In compliance with this subsection:
621     (a)  The physician may, in his or her discretion:
622     1.  Orally communicate such information directly to the
623patient or the patient's legal representative;
624     2.  Provide the patient or the patient's legal
625representative with a copy of the written summary prepared in
626accordance with s. 381.923(4)(o) 1004.435(4)(m) and express a
627willingness to discuss the summary with the patient or the
628patient's legal representative; or
629     3.  Both communicate such information directly and provide
630a copy of the written summary to the patient or the patient's
631legal representative for further consideration and possible
632later discussion.
633
634Nothing in this subsection shall reduce other provisions of law
635regarding informed consent.
636     Section 6.  Subsection (1) and paragraph (a) of subsection
637(2) of section 459.0125, Florida Statutes, are amended to read:
638     459.0125  Breast cancer; information on treatment
639alternatives.-
640     (1)  DEFINITION.-As used in this section, the term
641"medically viable," as applied to treatment alternatives, means
642modes of treatment generally considered by the medical
643profession to be within the scope of current, acceptable
644standards, including treatment alternatives described in the
645written summary prepared by the Florida Cancer Control and
646Resource Research Advisory Council in accordance with s.
647381.923(4)(o) 1004.435(4)(m).
648     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-It is the
649obligation of every physician treating a patient who is, or in
650the judgment of the physician is at high risk of being,
651diagnosed as having breast cancer to inform such patient of the
652medically viable treatment alternatives available to such
653patient; to describe such treatment alternatives; and to explain
654the relative advantages, disadvantages, and risks associated
655with the treatment alternatives to the extent deemed necessary
656to allow the patient to make a prudent decision regarding such
657treatment options. In compliance with this subsection:
658     (a)  The physician may, in her or his discretion:
659     1.  Orally communicate such information directly to the
660patient or the patient's legal representative;
661     2.  Provide the patient or the patient's legal
662representative with a copy of the written summary prepared in
663accordance with s. 381.923(4)(o) 1004.435(4)(m) and express her
664or his willingness to discuss the summary with the patient or
665the patient's legal representative; or
666     3.  Both communicate such information directly and provide
667a copy of the written summary to the patient or the patient's
668legal representative for further consideration and possible
669later discussion.
670
671Nothing in this subsection shall reduce other provisions of law
672regarding informed consent.
673     Section 7.  Section 1004.435, Florida Statutes, is
674repealed.
675     Section 8.  This act shall take effect July 1, 2011.


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