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,
4945.6035, and 945.6036, F.S., relating to the Correctional
5Medical Authority definitions, creation, powers and
6duties, reports and surveys, dispute resolution, and
7enforcement, respectively; amending ss. 381.90, 766.101,
8944.8041, 945.35, 945.6032, 945.6034, and 951.27, F.S.;
9conforming 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,
15945.6035, and 945.6036, Florida Statutes, are repealed.
16     Section 2.  Subsection (3) of section 381.90, Florida
17Statutes, is amended to read:
18     381.90  Health Information Systems Council; legislative
19intent; creation, appointment, duties.-
20     (3)  The council shall be composed of the following members
21or their senior executive-level designees:
22     (a)  The State Surgeon General;
23     (b)  The Executive Director of the Department of Veterans'
25     (c)  The Secretary of Children and Family Services;
26     (d)  The Secretary of Health Care Administration;
27     (e)  The Secretary of Corrections;
28     (f)  The Attorney General;
29     (g)  The Executive Director of the Correctional Medical
31     (g)(h)  Two members representing county health departments,
32one from a small county and one from a large county, appointed
33by the Governor;
34     (h)(i)  A representative from the Florida Association of
36     (i)(j)  The Chief Financial Officer;
37     (j)(k)  A representative from the Florida Healthy Kids
39     (k)(l)  A representative from a school of public health
40chosen by the Commissioner of Education;
41     (l)(m)  The Commissioner of Education;
42     (m)(n)  The Secretary of Elderly Affairs; and
43     (n)(o)  The Secretary of Juvenile Justice.
45Representatives of the Federal Government may serve without
46voting rights.
47     Section 3.  Paragraph (a) of subsection (1) of section
48766.101, Florida Statutes, is amended to read:
49     766.101  Medical review committee, immunity from
51     (1)  As used in this section:
52     (a)  The term "medical review committee" or "committee"
54     1.a.  A committee of a hospital or ambulatory surgical
55center licensed under chapter 395 or a health maintenance
56organization certificated under part I of chapter 641;,
57     b.  A committee of a physician-hospital organization, a
58provider-sponsored organization, or an integrated delivery
60     c.  A committee of a state or local professional society of
61health care providers;,
62     d.  A committee of a medical staff of a licensed hospital
63or nursing home, provided the medical staff operates pursuant to
64written bylaws that have been approved by the governing board of
65the hospital or nursing home;,
66     e.  A committee of the Department of Corrections or the
67Correctional Medical Authority as created under s. 945.602, or
68employees, agents, or consultants of either the department; or
69the authority or both,
70     f.  A committee of a professional service corporation
71formed under chapter 621 or a corporation organized under
72chapter 607 or chapter 617, which is formed and operated for the
73practice of medicine as defined in s. 458.305(3), and which has
74at least 25 health care providers who routinely provide health
75care services directly to patients;,
76     g.  A committee of the Department of Children and Family
77Services which includes employees, agents, or consultants to the
78department as deemed necessary to provide peer review,
79utilization review, and mortality review of treatment services
80provided pursuant to chapters 394, 397, and 916;,
81     h.  A committee of a mental health treatment facility
82licensed under chapter 394 or a community mental health center
83as defined in s. 394.907, provided the quality assurance program
84operates pursuant to the guidelines which have been approved by
85the governing board of the agency;,
86     i.  A committee of a substance abuse treatment and
87education prevention program licensed under chapter 397 provided
88the quality assurance program operates pursuant to the
89guidelines which have been approved by the governing board of
90the agency;,
91     j.  A peer review or utilization review committee organized
92under chapter 440;,
93     k.  A committee of the Department of Health, a county
94health department, healthy start coalition, or certified rural
95health network, when reviewing quality of care, or employees of
96these entities when reviewing mortality records;, or
97     l.  A continuous quality improvement committee of a
98pharmacy licensed pursuant to chapter 465,
100which committee is formed to evaluate and improve the quality of
101health care rendered by providers of health service, to
102determine that health services rendered were professionally
103indicated or were performed in compliance with the applicable
104standard of care, or that the cost of health care rendered was
105considered reasonable by the providers of professional health
106services in the area; or
107     2.  A committee of an insurer, self-insurer, or joint
108underwriting association of medical malpractice insurance, or
109other persons conducting review under s. 766.106.
110     Section 4.  Section 944.8041, Florida Statutes, is amended
111to read:
112     944.8041  Elderly offenders; annual review.-For the purpose
113of providing information to the Legislature on elderly offenders
114within the correctional system, the department and the
115Correctional Medical Authority shall each submit annually a
116report on the status and treatment of elderly offenders in the
117state-administered and private state correctional systems and
118the department's geriatric facilities and dorms. In order to
119adequately prepare the reports, the department and the
120Department of Management Services shall grant access to the
121Correctional Medical Authority that includes access to the
122facilities, offenders, and any information the agencies require
123to complete their reports. The report review shall also include
124an examination of promising geriatric policies, practices, and
125programs currently implemented in other correctional systems
126within the United States. The report reports, with specific
127findings and recommendations for implementation, shall be
128submitted to the President of the Senate and the Speaker of the
129House of Representatives on or before December 31 of each year.
130     Section 5.  Subsections (3) and (9) of section 945.35,
131Florida Statutes, are amended to read:
132     945.35  Requirement for education on human immunodeficiency
133virus, acquired immune deficiency syndrome, and other
134communicable diseases.-
135     (3)  When there is evidence that an inmate, while in the
136custody of the department, has engaged in behavior which places
137the inmate at a high risk of transmitting or contracting a human
138immunodeficiency disorder or other communicable disease, the
139department may begin a testing program which is consistent with
140guidelines of the Centers for Disease Control and Prevention and
141recommendations of the Correctional Medical Authority. For
142purposes of this subsection, "high-risk behavior" includes:
143     (a)  Sexual contact with any person.
144     (b)  An altercation involving exposure to body fluids.
145     (c)  The use of intravenous drugs.
146     (d)  Tattooing.
147     (e)  Any other activity medically known to transmit the
149     (9)  The department shall establish policies consistent
150with guidelines of the Centers for Disease Control and
151Prevention and recommendations of the Correctional Medical
152Authority on the housing, physical contact, dining, recreation,
153and exercise hours or locations for inmates with
154immunodeficiency disorders as are medically indicated and
155consistent with the proper operation of its facilities.
156     Section 6.  Section 945.6032, Florida Statutes, is amended
157to read:
158     945.6032  Medical review committee; records and meetings
159exemption Quality management program requirements.-
160     (1)  The authority shall appoint a medical review committee
161pursuant to s. 766.101 to provide oversight for the Department
162of Corrections' inmate health care quality management program.
163The authority shall also designate one of its members to serve
164on the Department of Corrections' medical review committee in
165order to ensure coordination between the department and the
166authority with regard to issues of quality management and to
167enhance the authority's oversight of the Department of
168Corrections' quality management system.
169     (2)  The authority's medical review committee shall review
170amendments to the Department of Corrections' inmate health care
171quality management program prior to implementation by the
173     (3)  The findings and recommendations of a medical review
174committee created by the authority or the department pursuant to
175s. 766.101 are confidential and exempt from the provisions of s.
176119.07(1) and s. 24(a), Art. I of the State Constitution, and
177any proceedings of the committee are exempt from the provisions
178of s. 286.011 and s. 24(b), Art. I of the State Constitution.
179     Section 7.  Subsections (2) and (3) of section 945.6034,
180Florida Statutes, are amended to read:
181     945.6034  Minimum health care standards.-
182     (2)  The department shall submit all health care standards
183to the authority for review prior to adoption. The authority
184shall review all department health care standards to determine
185whether they conform to the standard of care generally accepted
186in the professional health community at large.
187     (2)(3)  The department shall comply with all adopted
188department health care standards. Failure of the department to
189comply with the standards may result in a dispute resolution
190proceeding brought by the authority pursuant to s. 945.6035, but
191shall not create a cause of action for any third parties,
192including inmates or former inmates.
193     Section 8.  Subsection (1) of section 951.27, Florida
194Statutes, is amended to read:
195     951.27  Blood tests of inmates.-
196     (1)  Each county and each municipal detention facility
197shall have a written procedure developed, in consultation with
198the facility medical provider, establishing conditions under
199which an inmate will be tested for infectious disease, including
200human immunodeficiency virus pursuant to s. 775.0877, which
201procedure is consistent with guidelines of the Centers for
202Disease Control and Prevention and recommendations of the
203Correctional Medical Authority. It is not unlawful for the
204person receiving the test results to divulge the test results to
205the sheriff or chief correctional officer.
206     Section 9.  This act shall take effect July 1, 2011.

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