HB 5305

1	A bill to be entitled
2	An act relating to the Correctional Medical Authority;
3	repealing ss. 945.601, 945.602, 945.603, 945.6031,
4	945.6032, 945.6035, and 945.6036, F.S., relating to the
5	Correctional Medical Authority definitions, creation,
6	powers, reports and surveys, quality management, dispute
7	resolution, and enforcement, respectively; amending ss.
8	381.90, 766.101, 944.8041, 945.35, 945.6034, and 951.27,
9	F.S.; conforming provisions to changes made by the act;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Sections 945.601, 945.602, 945.603, 945.6031,
15	945.6032, 945.6035, and 945.6036, Florida Statutes, are
16	repealed.
17	Section 2.  Subsection (3) of section 381.90, Florida
18	Statutes, is amended to read:
19	381.90  Health Information Systems Council; legislative
20	intent; creation, appointment, duties.-
21	(3)  The council shall be composed of the following members
22	or their senior executive-level designees:
23	(a)  The State Surgeon General;
24	(b)  The Executive Director of the Department of Veterans'
25	Affairs;
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
31	Authority;
32	(g)(h)  Two members representing county health departments,
33	one from a small county and one from a large county, appointed
34	by the Governor;
35	(h)(i)  A representative from the Florida Association of
36	Counties;
37	(i)(j)  The Chief Financial Officer;
38	(j)(k)  A representative from the Florida Healthy Kids
39	Corporation;
40	(k)(l)  A representative from a school of public health
41	chosen 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.
45
46	Representatives of the Federal Government may serve without
47	voting rights.
48	Section 3.  Paragraph (a) of subsection (1) of section
49	766.101, Florida Statutes, is amended to read:
50	766.101  Medical review committee, immunity from
51	liability.-
52	(1)  As used in this section:
53	(a)  The term "medical review committee" or "committee"
54	means:
55	1.a.  A committee of a hospital or ambulatory surgical
56	center licensed under chapter 395 or a health maintenance
57	organization certificated under part I of chapter 641;,
58	b.  A committee of a physician-hospital organization, a
59	provider-sponsored organization, or an integrated delivery
60	system;,
61	c.  A committee of a state or local professional society of
62	health care providers;,
63	d.  A committee of a medical staff of a licensed hospital
64	or nursing home, provided the medical staff operates pursuant to
65	written bylaws that have been approved by the governing board of
66	the hospital or nursing home;,
67	e.  A committee of the Department of Corrections or the
68	Correctional Medical Authority as created under s. 945.602, or
69	employees, agents, or consultants of either the department; or
70	the authority or both,
71	f.  A committee of a professional service corporation
72	formed under chapter 621 or a corporation organized under
73	chapter 607 or chapter 617, which is formed and operated for the
74	practice of medicine as defined in s. 458.305(3), and which has
75	at least 25 health care providers who routinely provide health
76	care services directly to patients;,
77	g.  A committee of the Department of Children and Family
78	Services which includes employees, agents, or consultants to the
79	department as deemed necessary to provide peer review,
80	utilization review, and mortality review of treatment services
81	provided pursuant to chapters 394, 397, and 916;,
82	h.  A committee of a mental health treatment facility
83	licensed under chapter 394 or a community mental health center
84	as defined in s. 394.907, provided the quality assurance program
85	operates pursuant to the guidelines which have been approved by
86	the governing board of the agency;,
87	i.  A committee of a substance abuse treatment and
88	education prevention program licensed under chapter 397 provided
89	the quality assurance program operates pursuant to the
90	guidelines which have been approved by the governing board of
91	the agency;,
92	j.  A peer review or utilization review committee organized
93	under chapter 440;,
94	k.  A committee of the Department of Health, a county
95	health department, healthy start coalition, or certified rural
96	health network, when reviewing quality of care, or employees of
97	these entities when reviewing mortality records;, or
98	l.  A continuous quality improvement committee of a
99	pharmacy licensed pursuant to chapter 465,
100
101	which committee is formed to evaluate and improve the quality of
102	health care rendered by providers of health service, to
103	determine that health services rendered were professionally
104	indicated or were performed in compliance with the applicable
105	standard of care, or that the cost of health care rendered was
106	considered reasonable by the providers of professional health
107	services in the area; or
108	2.  A committee of an insurer, self-insurer, or joint
109	underwriting association of medical malpractice insurance, or
110	other persons conducting review under s. 766.106.
111	Section 4.  Section 944.8041, Florida Statutes, is amended
112	to read:
113	944.8041  Elderly offenders; annual review.-For the purpose
114	of providing information to the Legislature on elderly offenders
115	within the correctional system, the department and the
116	Correctional Medical Authority shall each submit annually a
117	report on the status and treatment of elderly offenders in the
118	state-administered and private state correctional systems and
119	the department's geriatric facilities and dorms. In order to
120	adequately prepare the reports, the department and the
121	Department of Management Services shall grant access to the
122	Correctional Medical Authority that includes access to the
123	facilities, offenders, and any information the agencies require
124	to complete their reports. The report review shall also include
125	an examination of promising geriatric policies, practices, and
126	programs currently implemented in other correctional systems
127	within the United States. The report reports, with specific
128	findings and recommendations for implementation, shall be
129	submitted to the President of the Senate and the Speaker of the
130	House of Representatives on or before December 31 of each year.
131	Section 5.  Subsections (3) and (9) of section 945.35,
132	Florida Statutes, are amended to read:
133	945.35  Requirement for education on human immunodeficiency
134	virus, acquired immune deficiency syndrome, and other
135	communicable diseases.-
136	(3)  When there is evidence that an inmate, while in the
137	custody of the department, has engaged in behavior which places
138	the inmate at a high risk of transmitting or contracting a human
139	immunodeficiency disorder or other communicable disease, the
140	department may begin a testing program which is consistent with
141	guidelines of the Centers for Disease Control and Prevention and
142	recommendations of the Correctional Medical Authority. For
143	purposes 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
149	virus.
150	(9)  The department shall establish policies consistent
151	with guidelines of the Centers for Disease Control and
152	Prevention and recommendations of the Correctional Medical
153	Authority on the housing, physical contact, dining, recreation,
154	and exercise hours or locations for inmates with
155	immunodeficiency disorders as are medically indicated and
156	consistent with the proper operation of its facilities.
157	Section 6.  Subsections (2) and (3) of section 945.6034,
158	Florida Statutes, are amended to read:
159	945.6034  Minimum health care standards.-
160	(2)  The department shall submit all health care standards
161	to the authority for review prior to adoption. The authority
162	shall review all department health care standards to determine
163	whether they conform to the standard of care generally accepted
164	in the professional health community at large.
165	(2)(3)  The department shall comply with all adopted
166	department health care standards. Failure of the department to
167	comply with the standards may result in a dispute resolution
168	proceeding brought by the authority pursuant to s. 945.6035, but
169	shall not create a cause of action for any third parties,
170	including inmates or former inmates.
171	Section 7.  Subsection (1) of section 951.27, Florida
172	Statutes, is amended to read:
173	951.27  Blood tests of inmates.-
174	(1)  Each county and each municipal detention facility
175	shall have a written procedure developed, in consultation with
176	the facility medical provider, establishing conditions under
177	which an inmate will be tested for infectious disease, including
178	human immunodeficiency virus pursuant to s. 775.0877, which
179	procedure is consistent with guidelines of the Centers for
180	Disease Control and Prevention and recommendations of the
181	Correctional Medical Authority. It is not unlawful for the
182	person receiving the test results to divulge the test results to
183	the 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.