Amendment
Bill No. HB 5305

Amendment No. 799681

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 5305 offered the following:
2
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,
6	945.6035, and 945.6036, Florida Statutes, are repealed.
7	Section 2.  Subsection (3) of section 381.90, Florida
8	Statutes, is amended to read:
9	381.90  Health Information Systems Council; legislative
10	intent; creation, appointment, duties.-
11	(3)  The council shall be composed of the following members
12	or their senior executive-level designees:
13	(a)  The State Surgeon General;
14	(b)  The Executive Director of the Department of Veterans'
15	Affairs;
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
21	Authority;
22	(g)(h)  Two members representing county health departments,
23	one from a small county and one from a large county, appointed
24	by the Governor;
25	(h)(i)  A representative from the Florida Association of
26	Counties;
27	(i)(j)  The Chief Financial Officer;
28	(j)(k)  A representative from the Florida Healthy Kids
29	Corporation;
30	(k)(l)  A representative from a school of public health
31	chosen 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.
35
36	Representatives of the Federal Government may serve without
37	voting rights.
38	Section 3.  Paragraph (a) of subsection (1) of section
39	766.101, Florida Statutes, is amended to read:
40	766.101  Medical review committee, immunity from
41	liability.-
42	(1)  As used in this section:
43	(a)  The term "medical review committee" or "committee"
44	means:
45	1.a.  A committee of a hospital or ambulatory surgical
46	center licensed under chapter 395 or a health maintenance
47	organization certificated under part I of chapter 641;,
48	b.  A committee of a physician-hospital organization, a
49	provider-sponsored organization, or an integrated delivery
50	system;,
51	c.  A committee of a state or local professional society of
52	health care providers;,
53	d.  A committee of a medical staff of a licensed hospital
54	or nursing home, provided the medical staff operates pursuant to
55	written bylaws that have been approved by the governing board of
56	the hospital or nursing home;,
57	e.  A committee of the Department of Corrections or the
58	Correctional Medical Authority as created under s. 945.602, or
59	employees, agents, or consultants of either the department; or
60	the authority or both,
61	f.  A committee of a professional service corporation
62	formed under chapter 621 or a corporation organized under
63	chapter 607 or chapter 617, which is formed and operated for the
64	practice of medicine as defined in s. 458.305(3), and which has
65	at least 25 health care providers who routinely provide health
66	care services directly to patients;,
67	g.  A committee of the Department of Children and Family
68	Services which includes employees, agents, or consultants to the
69	department as deemed necessary to provide peer review,
70	utilization review, and mortality review of treatment services
71	provided pursuant to chapters 394, 397, and 916;,
72	h.  A committee of a mental health treatment facility
73	licensed under chapter 394 or a community mental health center
74	as defined in s. 394.907, provided the quality assurance program
75	operates pursuant to the guidelines which have been approved by
76	the governing board of the agency;,
77	i.  A committee of a substance abuse treatment and
78	education prevention program licensed under chapter 397 provided
79	the quality assurance program operates pursuant to the
80	guidelines which have been approved by the governing board of
81	the agency;,
82	j.  A peer review or utilization review committee organized
83	under chapter 440;,
84	k.  A committee of the Department of Health, a county
85	health department, healthy start coalition, or certified rural
86	health network, when reviewing quality of care, or employees of
87	these entities when reviewing mortality records;, or
88	l.  A continuous quality improvement committee of a
89	pharmacy licensed pursuant to chapter 465,
90
91	which committee is formed to evaluate and improve the quality of
92	health care rendered by providers of health service, to
93	determine that health services rendered were professionally
94	indicated or were performed in compliance with the applicable
95	standard of care, or that the cost of health care rendered was
96	considered reasonable by the providers of professional health
97	services in the area; or
98	2.  A committee of an insurer, self-insurer, or joint
99	underwriting association of medical malpractice insurance, or
100	other persons conducting review under s. 766.106.
101	Section 4.  Section 944.8041, Florida Statutes, is amended
102	to read:
103	944.8041  Elderly offenders; annual review.-For the purpose
104	of providing information to the Legislature on elderly offenders
105	within the correctional system, the department and the
106	Correctional Medical Authority shall each submit annually a
107	report on the status and treatment of elderly offenders in the
108	state-administered and private state correctional systems and
109	the department's geriatric facilities and dorms. In order to
110	adequately prepare the reports, the department and the
111	Department of Management Services shall grant access to the
112	Correctional Medical Authority that includes access to the
113	facilities, offenders, and any information the agencies require
114	to complete their reports. The report review shall also include
115	an examination of promising geriatric policies, practices, and
116	programs currently implemented in other correctional systems
117	within the United States. The report reports, with specific
118	findings and recommendations for implementation, shall be
119	submitted to the President of the Senate and the Speaker of the
120	House of Representatives on or before December 31 of each year.
121	Section 5.  Subsections (3) and (9) of section 945.35,
122	Florida Statutes, are amended to read:
123	945.35  Requirement for education on human immunodeficiency
124	virus, acquired immune deficiency syndrome, and other
125	communicable diseases.-
126	(3)  When there is evidence that an inmate, while in the
127	custody of the department, has engaged in behavior which places
128	the inmate at a high risk of transmitting or contracting a human
129	immunodeficiency disorder or other communicable disease, the
130	department may begin a testing program which is consistent with
131	guidelines of the Centers for Disease Control and Prevention and
132	recommendations of the Correctional Medical Authority. For
133	purposes 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
139	virus.
140	(9)  The department shall establish policies consistent
141	with guidelines of the Centers for Disease Control and
142	Prevention and recommendations of the Correctional Medical
143	Authority on the housing, physical contact, dining, recreation,
144	and exercise hours or locations for inmates with
145	immunodeficiency disorders as are medically indicated and
146	consistent with the proper operation of its facilities.
147	Section 6.  Section 945.6032, Florida Statutes, is amended
148	to read:
149	945.6032  Medical review committee; records and meetings
150	exemption Quality management program requirements.-
151	(1)  The authority shall appoint a medical review committee
152	pursuant to s. 766.101 to provide oversight for the Department
153	of Corrections' inmate health care quality management program.
154	The authority shall also designate one of its members to serve
155	on the Department of Corrections' medical review committee in
156	order to ensure coordination between the department and the
157	authority with regard to issues of quality management and to
158	enhance the authority's oversight of the Department of
159	Corrections' quality management system.
160	(2)  The authority's medical review committee shall review
161	amendments to the Department of Corrections' inmate health care
162	quality management program prior to implementation by the
163	department.
164	(3)  The findings and recommendations of a medical review
165	committee created by the authority or the department pursuant to
166	s. 766.101 are confidential and exempt from the provisions of s.
167	119.07(1) and s. 24(a), Art. I of the State Constitution, and
168	any proceedings of the committee are exempt from the provisions
169	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
170	Section 7.  Subsections (2) and (3) of section 945.6034,
171	Florida Statutes, are amended to read:
172	945.6034  Minimum health care standards.-
173	(2)  The department shall submit all health care standards
174	to the authority for review prior to adoption. The authority
175	shall review all department health care standards to determine
176	whether they conform to the standard of care generally accepted
177	in the professional health community at large.
178	(2)(3)  The department shall comply with all adopted
179	department health care standards. Failure of the department to
180	comply with the standards may result in a dispute resolution
181	proceeding brought by the authority pursuant to s. 945.6035, but
182	shall not create a cause of action for any third parties,
183	including inmates or former inmates.
184	Section 8.  Subsection (1) of section 951.27, Florida
185	Statutes, is amended to read:
186	951.27  Blood tests of inmates.-
187	(1)  Each county and each municipal detention facility
188	shall have a written procedure developed, in consultation with
189	the facility medical provider, establishing conditions under
190	which an inmate will be tested for infectious disease, including
191	human immunodeficiency virus pursuant to s. 775.0877, which
192	procedure is consistent with guidelines of the Centers for
193	Disease Control and Prevention and recommendations of the
194	Correctional Medical Authority. It is not unlawful for the
195	person receiving the test results to divulge the test results to
196	the sheriff or chief correctional officer.
197	Section 9.  This act shall take effect July 1, 2011.
198
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200	T I T L E  A M E N D M E N T
201	Remove the entire title and insert:
202	A bill to be entitled
203	An act relating to the Correctional Medical Authority;
204	repealing ss. 945.601, 945.602, 945.603, 945.6031,
205	945.6035, and 945.6036, F.S., relating to the Correctional
206	Medical Authority definitions, creation, powers and
207	duties, reports and surveys, dispute resolution, and
208	enforcement, respectively; amending ss. 381.90, 766.101,
209	944.8041, 945.35, 945.6032, 945.6034, and 951.27, F.S.;
210	conforming provisions to changes made by the act;
211	providing an effective date.

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