HB 5305

A bill to be entitled
2An act relating to the Correctional Medical Authority;
3repealing ss. 945.601, 945.602, 945.603, 945.6031,
4945.6032, 945.6035, and 945.6036, F.S., relating to the
5Correctional Medical Authority definitions, creation,
6powers, reports and surveys, quality management, dispute
7resolution, and enforcement, respectively; amending ss.
8381.90, 766.101, 944.8041, 945.35, 945.6034, and 951.27,
9F.S.; conforming provisions to changes made by the act;
10providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Sections 945.601, 945.602, 945.603, 945.6031,
15945.6032, 945.6035, and 945.6036, Florida Statutes, are
17     Section 2.  Subsection (3) of section 381.90, Florida
18Statutes, is amended to read:
19     381.90  Health Information Systems Council; legislative
20intent; creation, appointment, duties.-
21     (3)  The council shall be composed of the following members
22or their senior executive-level designees:
23     (a)  The State Surgeon General;
24     (b)  The Executive Director of the Department of Veterans'
26     (c)  The Secretary of Children and Family Services;
27     (d)  The Secretary of Health Care Administration;
28     (e)  The Secretary of Corrections;
29     (f)  The Attorney General;
30     (g)  The Executive Director of the Correctional Medical
32     (g)(h)  Two members representing county health departments,
33one from a small county and one from a large county, appointed
34by the Governor;
35     (h)(i)  A representative from the Florida Association of
37     (i)(j)  The Chief Financial Officer;
38     (j)(k)  A representative from the Florida Healthy Kids
40     (k)(l)  A representative from a school of public health
41chosen by the Commissioner of Education;
42     (l)(m)  The Commissioner of Education;
43     (m)(n)  The Secretary of Elderly Affairs; and
44     (n)(o)  The Secretary of Juvenile Justice.
46Representatives of the Federal Government may serve without
47voting rights.
48     Section 3.  Paragraph (a) of subsection (1) of section
49766.101, Florida Statutes, is amended to read:
50     766.101  Medical review committee, immunity from
52     (1)  As used in this section:
53     (a)  The term "medical review committee" or "committee"
55     1.a.  A committee of a hospital or ambulatory surgical
56center licensed under chapter 395 or a health maintenance
57organization certificated under part I of chapter 641;,
58     b.  A committee of a physician-hospital organization, a
59provider-sponsored organization, or an integrated delivery
61     c.  A committee of a state or local professional society of
62health care providers;,
63     d.  A committee of a medical staff of a licensed hospital
64or nursing home, provided the medical staff operates pursuant to
65written bylaws that have been approved by the governing board of
66the hospital or nursing home;,
67     e.  A committee of the Department of Corrections or the
68Correctional Medical Authority as created under s. 945.602, or
69employees, agents, or consultants of either the department; or
70the authority or both,
71     f.  A committee of a professional service corporation
72formed under chapter 621 or a corporation organized under
73chapter 607 or chapter 617, which is formed and operated for the
74practice of medicine as defined in s. 458.305(3), and which has
75at least 25 health care providers who routinely provide health
76care services directly to patients;,
77     g.  A committee of the Department of Children and Family
78Services which includes employees, agents, or consultants to the
79department as deemed necessary to provide peer review,
80utilization review, and mortality review of treatment services
81provided pursuant to chapters 394, 397, and 916;,
82     h.  A committee of a mental health treatment facility
83licensed under chapter 394 or a community mental health center
84as defined in s. 394.907, provided the quality assurance program
85operates pursuant to the guidelines which have been approved by
86the governing board of the agency;,
87     i.  A committee of a substance abuse treatment and
88education prevention program licensed under chapter 397 provided
89the quality assurance program operates pursuant to the
90guidelines which have been approved by the governing board of
91the agency;,
92     j.  A peer review or utilization review committee organized
93under chapter 440;,
94     k.  A committee of the Department of Health, a county
95health department, healthy start coalition, or certified rural
96health network, when reviewing quality of care, or employees of
97these entities when reviewing mortality records;, or
98     l.  A continuous quality improvement committee of a
99pharmacy licensed pursuant to chapter 465,
101which committee is formed to evaluate and improve the quality of
102health care rendered by providers of health service, to
103determine that health services rendered were professionally
104indicated or were performed in compliance with the applicable
105standard of care, or that the cost of health care rendered was
106considered reasonable by the providers of professional health
107services in the area; or
108     2.  A committee of an insurer, self-insurer, or joint
109underwriting association of medical malpractice insurance, or
110other persons conducting review under s. 766.106.
111     Section 4.  Section 944.8041, Florida Statutes, is amended
112to read:
113     944.8041  Elderly offenders; annual review.-For the purpose
114of providing information to the Legislature on elderly offenders
115within the correctional system, the department and the
116Correctional Medical Authority shall each submit annually a
117report on the status and treatment of elderly offenders in the
118state-administered and private state correctional systems and
119the department's geriatric facilities and dorms. In order to
120adequately prepare the reports, the department and the
121Department of Management Services shall grant access to the
122Correctional Medical Authority that includes access to the
123facilities, offenders, and any information the agencies require
124to complete their reports. The report review shall also include
125an examination of promising geriatric policies, practices, and
126programs currently implemented in other correctional systems
127within the United States. The report reports, with specific
128findings and recommendations for implementation, shall be
129submitted to the President of the Senate and the Speaker of the
130House of Representatives on or before December 31 of each year.
131     Section 5.  Subsections (3) and (9) of section 945.35,
132Florida Statutes, are amended to read:
133     945.35  Requirement for education on human immunodeficiency
134virus, acquired immune deficiency syndrome, and other
135communicable diseases.-
136     (3)  When there is evidence that an inmate, while in the
137custody of the department, has engaged in behavior which places
138the inmate at a high risk of transmitting or contracting a human
139immunodeficiency disorder or other communicable disease, the
140department may begin a testing program which is consistent with
141guidelines of the Centers for Disease Control and Prevention and
142recommendations of the Correctional Medical Authority. For
143purposes of this subsection, "high-risk behavior" includes:
144     (a)  Sexual contact with any person.
145     (b)  An altercation involving exposure to body fluids.
146     (c)  The use of intravenous drugs.
147     (d)  Tattooing.
148     (e)  Any other activity medically known to transmit the
150     (9)  The department shall establish policies consistent
151with guidelines of the Centers for Disease Control and
152Prevention and recommendations of the Correctional Medical
153Authority on the housing, physical contact, dining, recreation,
154and exercise hours or locations for inmates with
155immunodeficiency disorders as are medically indicated and
156consistent with the proper operation of its facilities.
157     Section 6.  Subsections (2) and (3) of section 945.6034,
158Florida Statutes, are amended to read:
159     945.6034  Minimum health care standards.-
160     (2)  The department shall submit all health care standards
161to the authority for review prior to adoption. The authority
162shall review all department health care standards to determine
163whether they conform to the standard of care generally accepted
164in the professional health community at large.
165     (2)(3)  The department shall comply with all adopted
166department health care standards. Failure of the department to
167comply with the standards may result in a dispute resolution
168proceeding brought by the authority pursuant to s. 945.6035, but
169shall not create a cause of action for any third parties,
170including inmates or former inmates.
171     Section 7.  Subsection (1) of section 951.27, Florida
172Statutes, is amended to read:
173     951.27  Blood tests of inmates.-
174     (1)  Each county and each municipal detention facility
175shall have a written procedure developed, in consultation with
176the facility medical provider, establishing conditions under
177which an inmate will be tested for infectious disease, including
178human immunodeficiency virus pursuant to s. 775.0877, which
179procedure is consistent with guidelines of the Centers for
180Disease Control and Prevention and recommendations of the
181Correctional Medical Authority. It is not unlawful for the
182person receiving the test results to divulge the test results to
183the sheriff or chief correctional officer.
184     Section 8.  This act shall take effect July 1, 2011.

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