Bill No. HB 5305
Amendment No. 799681
Senate House

1The Conference Committee on HB 5305 offered the following:
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Sections 945.601, 945.602, 945.603, 945.6031,
6945.6035, and 945.6036, Florida Statutes, are repealed.
7     Section 2.  Subsection (3) of section 381.90, Florida
8Statutes, is amended to read:
9     381.90  Health Information Systems Council; legislative
10intent; creation, appointment, duties.-
11     (3)  The council shall be composed of the following members
12or their senior executive-level designees:
13     (a)  The State Surgeon General;
14     (b)  The Executive Director of the Department of Veterans'
16     (c)  The Secretary of Children and Family Services;
17     (d)  The Secretary of Health Care Administration;
18     (e)  The Secretary of Corrections;
19     (f)  The Attorney General;
20     (g)  The Executive Director of the Correctional Medical
22     (g)(h)  Two members representing county health departments,
23one from a small county and one from a large county, appointed
24by the Governor;
25     (h)(i)  A representative from the Florida Association of
27     (i)(j)  The Chief Financial Officer;
28     (j)(k)  A representative from the Florida Healthy Kids
30     (k)(l)  A representative from a school of public health
31chosen by the Commissioner of Education;
32     (l)(m)  The Commissioner of Education;
33     (m)(n)  The Secretary of Elderly Affairs; and
34     (n)(o)  The Secretary of Juvenile Justice.
36Representatives of the Federal Government may serve without
37voting rights.
38     Section 3.  Paragraph (a) of subsection (1) of section
39766.101, Florida Statutes, is amended to read:
40     766.101  Medical review committee, immunity from
42     (1)  As used in this section:
43     (a)  The term "medical review committee" or "committee"
45     1.a.  A committee of a hospital or ambulatory surgical
46center licensed under chapter 395 or a health maintenance
47organization certificated under part I of chapter 641;,
48     b.  A committee of a physician-hospital organization, a
49provider-sponsored organization, or an integrated delivery
51     c.  A committee of a state or local professional society of
52health care providers;,
53     d.  A committee of a medical staff of a licensed hospital
54or nursing home, provided the medical staff operates pursuant to
55written bylaws that have been approved by the governing board of
56the hospital or nursing home;,
57     e.  A committee of the Department of Corrections or the
58Correctional Medical Authority as created under s. 945.602, or
59employees, agents, or consultants of either the department; or
60the authority or both,
61     f.  A committee of a professional service corporation
62formed under chapter 621 or a corporation organized under
63chapter 607 or chapter 617, which is formed and operated for the
64practice of medicine as defined in s. 458.305(3), and which has
65at least 25 health care providers who routinely provide health
66care services directly to patients;,
67     g.  A committee of the Department of Children and Family
68Services which includes employees, agents, or consultants to the
69department as deemed necessary to provide peer review,
70utilization review, and mortality review of treatment services
71provided pursuant to chapters 394, 397, and 916;,
72     h.  A committee of a mental health treatment facility
73licensed under chapter 394 or a community mental health center
74as defined in s. 394.907, provided the quality assurance program
75operates pursuant to the guidelines which have been approved by
76the governing board of the agency;,
77     i.  A committee of a substance abuse treatment and
78education prevention program licensed under chapter 397 provided
79the quality assurance program operates pursuant to the
80guidelines which have been approved by the governing board of
81the agency;,
82     j.  A peer review or utilization review committee organized
83under chapter 440;,
84     k.  A committee of the Department of Health, a county
85health department, healthy start coalition, or certified rural
86health network, when reviewing quality of care, or employees of
87these entities when reviewing mortality records;, or
88     l.  A continuous quality improvement committee of a
89pharmacy licensed pursuant to chapter 465,
91which committee is formed to evaluate and improve the quality of
92health care rendered by providers of health service, to
93determine that health services rendered were professionally
94indicated or were performed in compliance with the applicable
95standard of care, or that the cost of health care rendered was
96considered reasonable by the providers of professional health
97services in the area; or
98     2.  A committee of an insurer, self-insurer, or joint
99underwriting association of medical malpractice insurance, or
100other persons conducting review under s. 766.106.
101     Section 4.  Section 944.8041, Florida Statutes, is amended
102to read:
103     944.8041  Elderly offenders; annual review.-For the purpose
104of providing information to the Legislature on elderly offenders
105within the correctional system, the department and the
106Correctional Medical Authority shall each submit annually a
107report on the status and treatment of elderly offenders in the
108state-administered and private state correctional systems and
109the department's geriatric facilities and dorms. In order to
110adequately prepare the reports, the department and the
111Department of Management Services shall grant access to the
112Correctional Medical Authority that includes access to the
113facilities, offenders, and any information the agencies require
114to complete their reports. The report review shall also include
115an examination of promising geriatric policies, practices, and
116programs currently implemented in other correctional systems
117within the United States. The report reports, with specific
118findings and recommendations for implementation, shall be
119submitted to the President of the Senate and the Speaker of the
120House of Representatives on or before December 31 of each year.
121     Section 5.  Subsections (3) and (9) of section 945.35,
122Florida Statutes, are amended to read:
123     945.35  Requirement for education on human immunodeficiency
124virus, acquired immune deficiency syndrome, and other
125communicable diseases.-
126     (3)  When there is evidence that an inmate, while in the
127custody of the department, has engaged in behavior which places
128the inmate at a high risk of transmitting or contracting a human
129immunodeficiency disorder or other communicable disease, the
130department may begin a testing program which is consistent with
131guidelines of the Centers for Disease Control and Prevention and
132recommendations of the Correctional Medical Authority. For
133purposes of this subsection, "high-risk behavior" includes:
134     (a)  Sexual contact with any person.
135     (b)  An altercation involving exposure to body fluids.
136     (c)  The use of intravenous drugs.
137     (d)  Tattooing.
138     (e)  Any other activity medically known to transmit the
140     (9)  The department shall establish policies consistent
141with guidelines of the Centers for Disease Control and
142Prevention and recommendations of the Correctional Medical
143Authority on the housing, physical contact, dining, recreation,
144and exercise hours or locations for inmates with
145immunodeficiency disorders as are medically indicated and
146consistent with the proper operation of its facilities.
147     Section 6.  Section 945.6032, Florida Statutes, is amended
148to read:
149     945.6032  Medical review committee; records and meetings
150exemption Quality management program requirements.-
151     (1)  The authority shall appoint a medical review committee
152pursuant to s. 766.101 to provide oversight for the Department
153of Corrections' inmate health care quality management program.
154The authority shall also designate one of its members to serve
155on the Department of Corrections' medical review committee in
156order to ensure coordination between the department and the
157authority with regard to issues of quality management and to
158enhance the authority's oversight of the Department of
159Corrections' quality management system.
160     (2)  The authority's medical review committee shall review
161amendments to the Department of Corrections' inmate health care
162quality management program prior to implementation by the
164     (3)  The findings and recommendations of a medical review
165committee created by the authority or the department pursuant to
166s. 766.101 are confidential and exempt from the provisions of s.
167119.07(1) and s. 24(a), Art. I of the State Constitution, and
168any proceedings of the committee are exempt from the provisions
169of s. 286.011 and s. 24(b), Art. I of the State Constitution.
170     Section 7.  Subsections (2) and (3) of section 945.6034,
171Florida Statutes, are amended to read:
172     945.6034  Minimum health care standards.-
173     (2)  The department shall submit all health care standards
174to the authority for review prior to adoption. The authority
175shall review all department health care standards to determine
176whether they conform to the standard of care generally accepted
177in the professional health community at large.
178     (2)(3)  The department shall comply with all adopted
179department health care standards. Failure of the department to
180comply with the standards may result in a dispute resolution
181proceeding brought by the authority pursuant to s. 945.6035, but
182shall not create a cause of action for any third parties,
183including inmates or former inmates.
184     Section 8.  Subsection (1) of section 951.27, Florida
185Statutes, is amended to read:
186     951.27  Blood tests of inmates.-
187     (1)  Each county and each municipal detention facility
188shall have a written procedure developed, in consultation with
189the facility medical provider, establishing conditions under
190which an inmate will be tested for infectious disease, including
191human immunodeficiency virus pursuant to s. 775.0877, which
192procedure is consistent with guidelines of the Centers for
193Disease Control and Prevention and recommendations of the
194Correctional Medical Authority. It is not unlawful for the
195person receiving the test results to divulge the test results to
196the sheriff or chief correctional officer.
197     Section 9.  This act shall take effect July 1, 2011.
T I T L E  A M E N D M E N T
201     Remove the entire title and insert:
A bill to be entitled
203An act relating to the Correctional Medical Authority;
204repealing ss. 945.601, 945.602, 945.603, 945.6031,
205945.6035, and 945.6036, F.S., relating to the Correctional
206Medical Authority definitions, creation, powers and
207duties, reports and surveys, dispute resolution, and
208enforcement, respectively; amending ss. 381.90, 766.101,
209944.8041, 945.35, 945.6032, 945.6034, and 951.27, F.S.;
210conforming provisions to changes made by the act;
211providing an effective date.

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