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	945.6035, and 945.6036, F.S., relating to the Correctional
5	Medical Authority definitions, creation, powers and
6	duties, reports and surveys, dispute resolution, and
7	enforcement, respectively; amending ss. 381.90, 766.101,
8	944.8041, 945.35, 945.6032, 945.6034, and 951.27, F.S.;
9	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15	945.6035, and 945.6036, Florida Statutes, are repealed.
16	Section 2.  Subsection (3) of section 381.90, Florida
17	Statutes, is amended to read:
18	381.90  Health Information Systems Council; legislative
19	intent; creation, appointment, duties.-
20	(3)  The council shall be composed of the following members
21	or their senior executive-level designees:
22	(a)  The State Surgeon General;
23	(b)  The Executive Director of the Department of Veterans'
24	Affairs;
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
30	Authority;
31	(g)(h)  Two members representing county health departments,
32	one from a small county and one from a large county, appointed
33	by the Governor;
34	(h)(i)  A representative from the Florida Association of
35	Counties;
36	(i)(j)  The Chief Financial Officer;
37	(j)(k)  A representative from the Florida Healthy Kids
38	Corporation;
39	(k)(l)  A representative from a school of public health
40	chosen 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.
44
45	Representatives of the Federal Government may serve without
46	voting rights.
47	Section 3.  Paragraph (a) of subsection (1) of section
48	766.101, Florida Statutes, is amended to read:
49	766.101  Medical review committee, immunity from
50	liability.-
51	(1)  As used in this section:
52	(a)  The term "medical review committee" or "committee"
53	means:
54	1.a.  A committee of a hospital or ambulatory surgical
55	center licensed under chapter 395 or a health maintenance
56	organization certificated under part I of chapter 641;,
57	b.  A committee of a physician-hospital organization, a
58	provider-sponsored organization, or an integrated delivery
59	system;,
60	c.  A committee of a state or local professional society of
61	health care providers;,
62	d.  A committee of a medical staff of a licensed hospital
63	or nursing home, provided the medical staff operates pursuant to
64	written bylaws that have been approved by the governing board of
65	the hospital or nursing home;,
66	e.  A committee of the Department of Corrections or the
67	Correctional Medical Authority as created under s. 945.602, or
68	employees, agents, or consultants of either the department; or
69	the authority or both,
70	f.  A committee of a professional service corporation
71	formed under chapter 621 or a corporation organized under
72	chapter 607 or chapter 617, which is formed and operated for the
73	practice of medicine as defined in s. 458.305(3), and which has
74	at least 25 health care providers who routinely provide health
75	care services directly to patients;,
76	g.  A committee of the Department of Children and Family
77	Services which includes employees, agents, or consultants to the
78	department as deemed necessary to provide peer review,
79	utilization review, and mortality review of treatment services
80	provided pursuant to chapters 394, 397, and 916;,
81	h.  A committee of a mental health treatment facility
82	licensed under chapter 394 or a community mental health center
83	as defined in s. 394.907, provided the quality assurance program
84	operates pursuant to the guidelines which have been approved by
85	the governing board of the agency;,
86	i.  A committee of a substance abuse treatment and
87	education prevention program licensed under chapter 397 provided
88	the quality assurance program operates pursuant to the
89	guidelines which have been approved by the governing board of
90	the agency;,
91	j.  A peer review or utilization review committee organized
92	under chapter 440;,
93	k.  A committee of the Department of Health, a county
94	health department, healthy start coalition, or certified rural
95	health network, when reviewing quality of care, or employees of
96	these entities when reviewing mortality records;, or
97	l.  A continuous quality improvement committee of a
98	pharmacy licensed pursuant to chapter 465,
99
100	which committee is formed to evaluate and improve the quality of
101	health care rendered by providers of health service, to
102	determine that health services rendered were professionally
103	indicated or were performed in compliance with the applicable
104	standard of care, or that the cost of health care rendered was
105	considered reasonable by the providers of professional health
106	services in the area; or
107	2.  A committee of an insurer, self-insurer, or joint
108	underwriting association of medical malpractice insurance, or
109	other persons conducting review under s. 766.106.
110	Section 4.  Section 944.8041, Florida Statutes, is amended
111	to read:
112	944.8041  Elderly offenders; annual review.-For the purpose
113	of providing information to the Legislature on elderly offenders
114	within the correctional system, the department and the
115	Correctional Medical Authority shall each submit annually a
116	report on the status and treatment of elderly offenders in the
117	state-administered and private state correctional systems and
118	the department's geriatric facilities and dorms. In order to
119	adequately prepare the reports, the department and the
120	Department of Management Services shall grant access to the
121	Correctional Medical Authority that includes access to the
122	facilities, offenders, and any information the agencies require
123	to complete their reports. The report review shall also include
124	an examination of promising geriatric policies, practices, and
125	programs currently implemented in other correctional systems
126	within the United States. The report reports, with specific
127	findings and recommendations for implementation, shall be
128	submitted to the President of the Senate and the Speaker of the
129	House of Representatives on or before December 31 of each year.
130	Section 5.  Subsections (3) and (9) of section 945.35,
131	Florida Statutes, are amended to read:
132	945.35  Requirement for education on human immunodeficiency
133	virus, acquired immune deficiency syndrome, and other
134	communicable diseases.-
135	(3)  When there is evidence that an inmate, while in the
136	custody of the department, has engaged in behavior which places
137	the inmate at a high risk of transmitting or contracting a human
138	immunodeficiency disorder or other communicable disease, the
139	department may begin a testing program which is consistent with
140	guidelines of the Centers for Disease Control and Prevention and
141	recommendations of the Correctional Medical Authority. For
142	purposes 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
148	virus.
149	(9)  The department shall establish policies consistent
150	with guidelines of the Centers for Disease Control and
151	Prevention and recommendations of the Correctional Medical
152	Authority on the housing, physical contact, dining, recreation,
153	and exercise hours or locations for inmates with
154	immunodeficiency disorders as are medically indicated and
155	consistent with the proper operation of its facilities.
156	Section 6.  Section 945.6032, Florida Statutes, is amended
157	to read:
158	945.6032  Medical review committee; records and meetings
159	exemption Quality management program requirements.-
160	(1)  The authority shall appoint a medical review committee
161	pursuant to s. 766.101 to provide oversight for the Department
162	of Corrections' inmate health care quality management program.
163	The authority shall also designate one of its members to serve
164	on the Department of Corrections' medical review committee in
165	order to ensure coordination between the department and the
166	authority with regard to issues of quality management and to
167	enhance the authority's oversight of the Department of
168	Corrections' quality management system.
169	(2)  The authority's medical review committee shall review
170	amendments to the Department of Corrections' inmate health care
171	quality management program prior to implementation by the
172	department.
173	(3)  The findings and recommendations of a medical review
174	committee created by the authority or the department pursuant to
175	s. 766.101 are confidential and exempt from the provisions of s.
176	119.07(1) and s. 24(a), Art. I of the State Constitution, and
177	any proceedings of the committee are exempt from the provisions
178	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
179	Section 7.  Subsections (2) and (3) of section 945.6034,
180	Florida Statutes, are amended to read:
181	945.6034  Minimum health care standards.-
182	(2)  The department shall submit all health care standards
183	to the authority for review prior to adoption. The authority
184	shall review all department health care standards to determine
185	whether they conform to the standard of care generally accepted
186	in the professional health community at large.
187	(2)(3)  The department shall comply with all adopted
188	department health care standards. Failure of the department to
189	comply with the standards may result in a dispute resolution
190	proceeding brought by the authority pursuant to s. 945.6035, but
191	shall not create a cause of action for any third parties,
192	including inmates or former inmates.
193	Section 8.  Subsection (1) of section 951.27, Florida
194	Statutes, is amended to read:
195	951.27  Blood tests of inmates.-
196	(1)  Each county and each municipal detention facility
197	shall have a written procedure developed, in consultation with
198	the facility medical provider, establishing conditions under
199	which an inmate will be tested for infectious disease, including
200	human immunodeficiency virus pursuant to s. 775.0877, which
201	procedure is consistent with guidelines of the Centers for
202	Disease Control and Prevention and recommendations of the
203	Correctional Medical Authority. It is not unlawful for the
204	person receiving the test results to divulge the test results to
205	the 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.