Florida Senate - 2020 SB 1516 By Senator Harrell 25-01544A-20 20201516__ 1 A bill to be entitled 2 An act relating to the Organ Transplant Technical 3 Advisory Council; amending s. 765.53, F.S.; requiring 4 the Agency for Health Care Administration to establish 5 the Organ Transplant Technical Advisory Council for a 6 specified purpose; providing for membership, meetings, 7 and duties of the council; requiring the council to 8 submit a report to the Governor, the Legislature, the 9 Secretary of Health Care Administration, and the State 10 Surgeon General by a specified date; extending 11 sovereign immunity to council members under certain 12 circumstances; requiring the agency to amend or adopt 13 specified rules based on the council’s 14 recommendations; providing for expiration of a certain 15 provision; amending s. 408.0455, F.S.; revising a 16 provision related to the operation of certain rules 17 adopted by the agency; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 765.53, Florida Statutes, is amended to 22 read: 23 (Substantial rewording of section. See 24 s. 765.53, F.S., for present text.) 25 765.53 Organ Transplant Technical Advisory Council.— 26 (1) CREATION AND PURPOSE.—The Organ Transplant Technical 27 Advisory Council, an advisory council as defined in s. 20.03, is 28 created within the agency to assist the agency in developing 29 standards for quality and outcomes at adult and pediatric organ 30 transplant programs. Unless expressly provided otherwise in this 31 section, the council shall operate in a manner consistent with 32 s. 20.052. 33 (2) MEMBERS.— 34 (a) Voting members of the council must have technical 35 expertise in adult or pediatric organ transplantation. Each 36 chief executive officer of the following hospitals shall appoint 37 one representative, who must be an organ transplant surgeon 38 licensed under chapter 458 or chapter 459, to serve as a voting 39 member of the council: 40 1. Jackson Memorial Hospital in Miami. 41 2. Tampa General Hospital in Tampa. 42 3. University of Florida Health Shands Hospital in 43 Gainesville. 44 4. AdventHealth Orlando in Orlando. 45 5. Mayo Clinic in Jacksonville. 46 6. Cleveland Clinic Florida in Weston. 47 7. Largo Medical Center in Largo. 48 8. Memorial Regional Hospital in Hollywood. 49 9. Halifax Health Medical Center in Daytona Beach. 50 10. Sacred Heart Hospital in Pensacola. 51 11. H. Lee Moffitt Cancer Center and Research Institute, 52 Inc., in Tampa. 53 12. University of Miami Hospital in Miami. 54 (b) The Secretary of Health Care Administration shall serve 55 as the chair and a nonvoting member of the council. 56 (c) The Secretary of Health Care Administration may appoint 57 any of the following individuals to serve as a nonvoting member 58 of the council: 59 1. The State Surgeon General. 60 2. A parent of a child who has had an organ transplant. 61 3. An adult who has had an organ transplant. 62 4. One representative from each of the following: 63 a. The Florida Hospital Association. 64 b. The Safety Net Hospital Alliance of Florida. 65 c. HCA Healthcare. 66 (d) Appointments made under paragraph (a) are contingent 67 upon the hospital’s compliance with chapter 395 and rules 68 adopted thereunder. A member of the council appointed under 69 paragraph (a) whose hospital fails to comply with such law and 70 rules may serve only as a nonvoting member until the hospital 71 comes into compliance. 72 (e) Any vacancy on the council must be filled in the same 73 manner as the original appointment. Members are eligible for 74 reappointment. 75 (f) Members of the council shall serve without compensation 76 but may be reimbursed as provided in s. 112.061 for per diem and 77 travel expenses incurred in the performance of their duties 78 under this section. 79 (3) MEETINGS.—The council shall meet at least annually and 80 upon the call of the chair. The council may use any method of 81 telecommunications to conduct its meetings. 82 (4) DUTIES.—The council shall recommend to the agency 83 standards for quality care of adult and pediatric organ 84 transplant patients, including recommendations on minimum volume 85 of transplants by organ type, personnel, physical plant, 86 equipment, transportation, and data reporting for hospitals that 87 perform organ transplants. The council shall also develop 88 recommendations for improving education, outreach, and 89 communication between hospitals, patients, and the public, with 90 an emphasis on potential and prospective donors, including 91 recommendations for clear explanations to the public of relevant 92 laws, rules, and regulations; requirements for coordinated 93 communication between hospitals, between hospitals and patients, 94 and between hospitals and prospective donors; and 95 recommendations for providing education to the public on the 96 organ donation process, with an emphasis on educating potential 97 living donors. When developing its recommendations, the council 98 shall review any relevant existing or proposed agency rules and 99 may provide recommendations to the agency on amendments to such 100 rules. A voting member may vote on standards related to a 101 specific type of organ only if he or she represents a hospital 102 that has a transplant program for that organ. 103 (5) REPORT.—By October 1, 2021, the council shall submit a 104 report of its recommendations to the Governor, the President of 105 the Senate, the Speaker of the House of Representatives, the 106 Secretary of Health Care Administration, and the State Surgeon 107 General. 108 (6) SOVEREIGN IMMUNITY.—Members of the council acting in 109 good faith in the performance of their duties under this section 110 are considered agents of the state for purposes of s. 768.28. 111 (7) AGENCY RULES.— 112 (a) Based on the recommendations of the council, the agency 113 shall amend or adopt rules for organ transplant programs so that 114 such rules include at least all of the following: 115 1. Quality of care standards for adult and pediatric organ 116 transplants, including minimum volume thresholds by organ type, 117 personnel, physical plant, equipment, transportation, and data 118 reporting. 119 2. Outcome and survival rate standards that meet or exceed 120 nationally established levels of performance in organ 121 transplantation. 122 3. Specific steps to be taken by the agency and licensed 123 facilities when the facilities do not meet the volume, outcome, 124 or survival rate standards within a specified timeframe that 125 includes the time required for detailed case reviews and the 126 development and implementation of corrective action plans. 127 (b) This subsection expires upon the agency’s adoption of 128 organ transplant program rules in accordance with paragraph (a). 129 Section 2. Section 408.0455, Florida Statutes, is amended 130 to read: 131 408.0455 Rules; pending proceedings.—The rules of the 132 agency in effect on June 30, 2004,
shallremain in effect and 133 are shall beenforceable by the agency with respect to ss. 134 408.031-408.045 until such rules are repealed or amended by the 135 agency. Rules 59C-1.039 through 59C-1.044, Florida 136 Administrative Code, including, but not limited to, the minimum 137 volume standards for organ transplantation and neonatal 138 intensive care services, remain in effect for the sole purpose 139 of maintaining licensure requirements for the applicable 140 services until the agency has adopted rules for the 141 corresponding services pursuant to s. 395.1055(1)(i), Florida 142 Statutes 2018. 143 Section 3. This act shall take effect July 1, 2020.