Florida Senate - 2024               CS for CS for CS for SB 1582
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Health and Human Services; the Committee on Health Policy;
       and Senator Rodriguez
       
       
       
       594-03817-24                                          20241582c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.0101, F.S.; defining the term “environmental
    4         health technician”; exempting environmental health
    5         technicians from certain certification requirements
    6         under certain circumstances; requiring the department,
    7         in conjunction with the Department of Environmental
    8         Protection, to adopt rules that establish certain
    9         standards for environmental health technician
   10         certification; requiring the Department of Health to
   11         adopt by rule certain standards for environmental
   12         health technician certification; revising provisions
   13         related to exemptions and fees to conform to changes
   14         made by the act; creating s. 381.991, F.S.; creating
   15         the Andrew John Anderson Pediatric Rare Disease Grant
   16         Program within the department for a specified purpose;
   17         subject to an appropriation by the Legislature,
   18         requiring the program to award grants for certain
   19         scientific and clinical research; specifying entities
   20         eligible to apply for the grants; specifying the types
   21         of applications that may be considered for grant
   22         funding; providing for a competitive, peer-reviewed
   23         application and selection process; providing that the
   24         remaining balance of appropriations for the program as
   25         of a specified date may be carried forward for a
   26         specified timeframe under certain circumstances;
   27         amending s. 383.14, F.S.; providing that any health
   28         care practitioner present at a birth or responsible
   29         for primary care during the neonatal period has the
   30         primary responsibility of administering certain
   31         screenings; defining the term “health care
   32         practitioner”; deleting identification and screening
   33         requirements for newborns and their families for
   34         certain environmental and health risk factors;
   35         deleting certain related duties of the department;
   36         revising the definition of the term “health care
   37         practitioner” to include licensed genetic counselors;
   38         requiring that blood specimens for screenings of
   39         newborns be collected before a specified age;
   40         requiring that newborns have a blood specimen
   41         collected for newborn screenings, rather than only a
   42         test for phenylketonuria, before a specified age;
   43         deleting certain rulemaking authority of the
   44         department; deleting a requirement that the department
   45         furnish certain forms to specified entities; deleting
   46         the requirement that such entities report the results
   47         of certain screenings to the department; making
   48         technical and conforming changes; deleting a
   49         requirement that the department submit certain
   50         certifications as part of its legislative budget
   51         request; requiring certain health care practitioners
   52         to prepare and send all newborn screening specimen
   53         cards to the State Public Health Laboratory; defining
   54         the term “health care practitioner”; amending s.
   55         383.145, F.S.; defining the term “toddler”; revising
   56         hearing loss screening requirements to include infants
   57         and toddlers; revising hearing loss screening
   58         requirements for licensed birth centers; revising the
   59         timeframe in which a newborn’s primary health care
   60         provider must refer a newborn for congenital
   61         cytomegalovirus screening after the newborn fails the
   62         hearing loss screening; requiring licensed birth
   63         centers to complete newborn hearing loss screenings
   64         before discharge, with an exception; amending s.
   65         383.147, F.S.; revising sickle cell disease and sickle
   66         cell trait screening requirements; requiring screening
   67         providers to notify a newborn’s parent or guardian,
   68         rather than the newborn’s primary care physician, of
   69         certain information; authorizing the parents or
   70         guardians of a newborn to opt out of the newborn’s
   71         inclusion in the sickle cell registry; specifying the
   72         manner in which a parent or guardian may opt out;
   73         authorizing certain persons other than newborns who
   74         have been identified as having sickle cell disease or
   75         carrying a sickle cell trait to choose to be included
   76         in the registry; creating s. 383.148, F.S.; requiring
   77         the department to promote the screening of pregnant
   78         women and infants for specified environmental risk
   79         factors; requiring the department to develop a
   80         multilevel screening process for prenatal and
   81         postnatal risk screenings; specifying requirements for
   82         such screening processes; providing construction;
   83         requiring persons who object to a screening to give a
   84         written statement of such objection to the physician
   85         or other person required to administer and report the
   86         screening; amending s. 1004.435, F.S.; revising the
   87         membership of the Florida Cancer Control and Research
   88         Advisory Council; revising quorum requirements for
   89         council actions; amending ss. 383.318, 395.1053, and
   90         456.0496, F.S.; conforming cross-references; requiring
   91         the department to grant certain applicants 90 days to
   92         cure deficiencies with their medical marijuana
   93         treatment center license applications pursuant to a
   94         specified errors and omissions process; requiring the
   95         department to grant such applicants a marijuana
   96         treatment center license if they cure the deficiencies
   97         within the specified timeframe; providing
   98         construction; providing that the death of an applicant
   99         during the cure process may not be a reason to deny
  100         the application or any resulting legal challenge;
  101         requiring the department to issue the license to the
  102         estate of a deceased applicant in the event of a
  103         successful cure or legal challenge; providing
  104         effective dates.
  105          
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Present subsections (5), (6), and (7) of section
  109  381.0101, Florida Statutes, are redesignated as subsections (6),
  110  (7), and (8), respectively, a new subsection (5) is added to
  111  that section, and subsections (1), (2), and (4) and present
  112  subsections (5) and (6) of that section are amended, to read:
  113         381.0101 Environmental health professionals.—
  114         (1) DEFINITIONS.—As used in this section, the term:
  115         (a) “Board” means the Environmental Health Professionals
  116  Advisory Board.
  117         (c)(b) “Department” means the Department of Health.
  118         (d)(c) “Environmental health” means that segment of public
  119  health work which deals with the examination of those factors in
  120  the human environment which may impact adversely on the health
  121  status of an individual or the public.
  122         (e)(d) “Environmental health professional” means a person
  123  who is employed or assigned the responsibility for assessing the
  124  environmental health or sanitary conditions, as defined by the
  125  department, within a building, on an individual’s property, or
  126  within the community at large, and who has the knowledge,
  127  skills, and abilities to carry out these tasks. Environmental
  128  health professionals may be either field, supervisory, or
  129  administrative staff members.
  130         (b)(e) “Certified” means a person who has displayed
  131  competency to perform evaluations of environmental or sanitary
  132  conditions through examination.
  133         (f)“Environmental health technician” means a person who is
  134  employed or assigned the responsibility for conducting septic
  135  inspections under the supervision of a certified environmental
  136  health professional. An environmental health technician must
  137  have completed training approved by the department and have the
  138  knowledge, skills, and abilities to carry out these tasks.
  139         (h)(f) “Registered sanitarian,” “R.S.,” “Registered
  140  Environmental Health Specialist,” or “R.E.H.S.” means a person
  141  who has been certified by either the National Environmental
  142  Health Association or the Florida Environmental Health
  143  Association as knowledgeable in the environmental health
  144  profession.
  145         (g) “Primary environmental health program” means those
  146  programs determined by the department to be essential for
  147  providing basic environmental and sanitary protection to the
  148  public. At a minimum, these programs shall include food
  149  protection program work.
  150         (2) CERTIFICATION; EXEMPTIONS REQUIRED.—A person may not
  151  perform environmental health or sanitary evaluations in any
  152  primary program area of environmental health without being
  153  certified by the department as competent to perform such
  154  evaluations. This section does not apply to any of the
  155  following:
  156         (a) Persons performing inspections of public food service
  157  establishments licensed under chapter 509.; or
  158         (b) Persons performing site evaluations in order to
  159  determine proper placement and installation of onsite wastewater
  160  treatment and disposal systems who have successfully completed a
  161  department-approved soils morphology course and who are working
  162  under the direct responsible charge of an engineer licensed
  163  under chapter 471.
  164         (c)Environmental health technicians employed by a
  165  department as defined in s. 20.03 who are assigned the
  166  responsibility for conducting septic tank inspections under the
  167  supervision of an environmental health professional certified in
  168  onsite sewage treatment and disposal.
  169         (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
  170  rules that establish definitions of terms and minimum standards
  171  of education, training, or experience for those persons subject
  172  to this subsection section. The rules must also address the
  173  process for application, examination, issuance, expiration, and
  174  renewal of certification and ethical standards of practice for
  175  the profession.
  176         (a) Persons employed as environmental health professionals
  177  shall exhibit a knowledge of rules and principles of
  178  environmental and public health law in Florida through
  179  examination. A person may not conduct environmental health
  180  evaluations in a primary program area unless he or she is
  181  currently certified in that program area or works under the
  182  direct supervision of a certified environmental health
  183  professional.
  184         1. All persons who begin employment in a primary
  185  environmental health program on or after September 21, 1994,
  186  must be certified in that program within 6 months after
  187  employment.
  188         2. Persons employed in the primary environmental health
  189  program of a food protection program or an onsite sewage
  190  treatment and disposal system prior to September 21, 1994, shall
  191  be considered certified while employed in that position and
  192  shall be required to adhere to any professional standards
  193  established by the department pursuant to paragraph (b),
  194  complete any continuing education requirements imposed under
  195  paragraph (d), and pay the certificate renewal fee imposed under
  196  subsection (7) (6).
  197         3. Persons employed in the primary environmental health
  198  program of a food protection program or an onsite sewage
  199  treatment and disposal system prior to September 21, 1994, who
  200  change positions or program areas and transfer into another
  201  primary environmental health program area on or after September
  202  21, 1994, must be certified in that program within 6 months
  203  after such transfer, except that they will not be required to
  204  possess the college degree required under paragraph (e).
  205         4. Registered sanitarians shall be considered certified and
  206  shall be required to adhere to any professional standards
  207  established by the department pursuant to paragraph (b).
  208         (b) At a minimum, the department shall establish standards
  209  for professionals in the areas of food hygiene and onsite sewage
  210  treatment and disposal.
  211         (c) Those persons conducting primary environmental health
  212  evaluations shall be certified by examination to be
  213  knowledgeable in any primary area of environmental health in
  214  which they are routinely assigned duties.
  215         (d) Persons who are certified shall renew their
  216  certification biennially by completing not less than 24 contact
  217  hours of continuing education for each program area in which
  218  they maintain certification, subject to a maximum of 48 hours
  219  for multiprogram certification.
  220         (e) Applicants for certification shall have graduated from
  221  an accredited 4-year college or university with a degree or
  222  major coursework in public health, environmental health,
  223  environmental science, or a physical or biological science.
  224         (f) A certificateholder shall notify the department within
  225  60 days after any change of name or address from that which
  226  appears on the current certificate.
  227         (5)STANDARDS FOR ENVIRONMENTAL HEALTH TECHNICIAN
  228  CERTIFICATION.—The department, in conjunction with the
  229  Department of Environmental Protection, shall adopt rules that
  230  establish definitions of terms and minimum standards of
  231  education, training, and experience for those persons subject to
  232  this subsection. The rules must also address the process for
  233  application, examination, issuance, expiration, and renewal of
  234  certification, and ethical standards of practice for the
  235  profession.
  236         (a)At a minimum, the department shall establish standards
  237  for technicians in the areas of onsite sewage treatment and
  238  disposal.
  239         (b)A person conducting septic inspections must be
  240  certified by examination to be knowledgeable in the area of
  241  onsite sewage treatment and disposal.
  242         (c)An applicant for certification as an environmental
  243  health technician must, at a minimum, have received a high
  244  school diploma or its equivalent.
  245         (d)An applicant for certification as an environmental
  246  health technician must be employed by a department as defined in
  247  s. 20.30.
  248         (e)An applicant for certification as an environmental
  249  health technician must complete supervised field inspection work
  250  as prescribed by department rule before examination.
  251         (f)A certified environmental health technician must renew
  252  his or her certification biennially by completing at least 24
  253  contact hours of continuing education for each program area in
  254  which he or she maintains certification, subject to a maximum of
  255  48 hours for multiprogram certification.
  256         (g)A certified environmental health technician shall
  257  notify the department within 60 days after any change of name or
  258  address from that which appears on the current certificate.
  259         (6)(5) EXEMPTIONS.—A person who conducts primary
  260  environmental evaluation activities and maintains a current
  261  registration or certification from another state agency which
  262  examined the person’s knowledge of the primary program area and
  263  requires comparable continuing education to maintain the
  264  certificate shall not be required to be certified by this
  265  section. Examples of persons not subject to certification are
  266  physicians, registered dietitians, certified laboratory
  267  personnel, and nurses.
  268         (7)(6) FEES.—The department shall charge fees in amounts
  269  necessary to meet the cost of providing environmental health
  270  professional certification. Fees for certification shall be not
  271  less than $10 or more than $300 and shall be set by rule.
  272  Application, examination, and certification costs shall be
  273  included in this fee. Fees for renewal of a certificate shall be
  274  no less than $25 nor more than $150 per biennium.
  275         Section 2. Section 381.991, Florida Statutes, is created to
  276  read:
  277         381.991 Andrew John Anderson Pediatric Rare Disease Grant
  278  Program.—
  279         (1)(a)There is created within the Department of Health the
  280  Andrew John Anderson Pediatric Rare Disease Grant Program. The
  281  purpose of the program is to advance the progress of research
  282  and cures for pediatric rare diseases by awarding grants through
  283  a competitive, peer-reviewed process.
  284         (b)Subject to an annual appropriation by the Legislature,
  285  the program shall award grants for scientific and clinical
  286  research to further the search for new diagnostics, treatments,
  287  and cures for pediatric rare diseases.
  288         (2)(a)Applications for grants for pediatric rare disease
  289  research may be submitted by any university or established
  290  research institute in the state. All qualified investigators in
  291  the state, regardless of institutional affiliation, shall have
  292  equal access and opportunity to compete for the research
  293  funding. Preference may be given to grant proposals that foster
  294  collaboration among institutions, researchers, and community
  295  practitioners, as such proposals support the advancement of
  296  treatments and cures of pediatric rare diseases through basic or
  297  applied research. Grants shall be awarded by the department,
  298  after consultation with the Rare Disease Advisory Council,
  299  pursuant to s. 381.99, on the basis of scientific merit, as
  300  determined by the competitive, peer-reviewed process to ensure
  301  objectivity, consistency, and high quality. The following types
  302  of applications may be considered for funding:
  303         1.Investigator-initiated research grants.
  304         2.Institutional research grants.
  305         3.Collaborative research grants, including those that
  306  advance the finding of treatment and cures through basic or
  307  applied research.
  308         (b)To ensure appropriate and fair evaluation of grant
  309  applications based on scientific merit, the department shall
  310  appoint peer review panels of independent, scientifically
  311  qualified individuals to review the scientific merit of each
  312  proposal and establish its priority score. The priority scores
  313  shall be forwarded to the council and must be considered in
  314  determining which proposals shall be recommended for funding.
  315         (c)The council and the peer review panels shall establish
  316  and follow rigorous guidelines for ethical conduct and adhere to
  317  a strict policy with regard to conflicts of interest. A member
  318  of the council or panel may not participate in any discussion or
  319  decision of the council or panel with respect to a research
  320  proposal by any firm, entity, or agency that the member is
  321  associated with as a member of the governing body or as an
  322  employee or with which the member has entered into a contractual
  323  arrangement.
  324         (d)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  325  the balance of any appropriation from the General Revenue Fund
  326  for the Andrew John Anderson Pediatric Rare Disease Grant
  327  Program that is not disbursed but that is obligated pursuant to
  328  contract or committed to be expended by June 30 of the fiscal
  329  year in which the funds are appropriated may be carried forward
  330  for up to 5 years after the effective date of the original
  331  appropriation.
  332         Section 3. Present subsection (5) of section 383.14,
  333  Florida Statutes, is redesignated as subsection (6), a new
  334  subsection (5) is added to that section, and subsections (1),
  335  (2), and (3) of that section are amended, to read:
  336         383.14 Screening for metabolic disorders, other hereditary
  337  and congenital disorders, and environmental risk factors.—
  338         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  339  maternal and child health care system, the Department of Health
  340  shall promote the screening of all newborns born in Florida for
  341  metabolic, hereditary, and congenital disorders known to result
  342  in significant impairment of health or intellect, as screening
  343  programs accepted by current medical practice become available
  344  and practical in the judgment of the department. Any health care
  345  practitioner present at a birth or responsible for primary care
  346  during the neonatal period has the primary responsibility of
  347  administering screenings as required in ss. 383.14 and 383.145.
  348  As used in this subsection, the term “health care practitioner”
  349  means a physician or physician assistant licensed under chapter
  350  458, an osteopathic physician or physician assistant licensed
  351  under chapter 459, an advanced practice registered nurse
  352  licensed under part I of chapter 464, or a midwife licensed
  353  under chapter 467 The department shall also promote the
  354  identification and screening of all newborns in this state and
  355  their families for environmental risk factors such as low
  356  income, poor education, maternal and family stress, emotional
  357  instability, substance abuse, and other high-risk conditions
  358  associated with increased risk of infant mortality and morbidity
  359  to provide early intervention, remediation, and prevention
  360  services, including, but not limited to, parent support and
  361  training programs, home visitation, and case management.
  362  Identification, perinatal screening, and intervention efforts
  363  shall begin prior to and immediately following the birth of the
  364  child by the attending health care provider. Such efforts shall
  365  be conducted in hospitals, perinatal centers, county health
  366  departments, school health programs that provide prenatal care,
  367  and birthing centers, and reported to the Office of Vital
  368  Statistics.
  369         (a) Prenatal screening.The department shall develop a
  370  multilevel screening process that includes a risk assessment
  371  instrument to identify women at risk for a preterm birth or
  372  other high-risk condition. The primary health care provider
  373  shall complete the risk assessment instrument and report the
  374  results to the Office of Vital Statistics so that the woman may
  375  immediately be notified and referred to appropriate health,
  376  education, and social services.
  377         (b) Postnatal screening.A risk factor analysis using the
  378  department’s designated risk assessment instrument shall also be
  379  conducted as part of the medical screening process upon the
  380  birth of a child and submitted to the department’s Office of
  381  Vital Statistics for recording and other purposes provided for
  382  in this chapter. The department’s screening process for risk
  383  assessment shall include a scoring mechanism and procedures that
  384  establish thresholds for notification, further assessment,
  385  referral, and eligibility for services by professionals or
  386  paraprofessionals consistent with the level of risk. Procedures
  387  for developing and using the screening instrument, notification,
  388  referral, and care coordination services, reporting
  389  requirements, management information, and maintenance of a
  390  computer-driven registry in the Office of Vital Statistics which
  391  ensures privacy safeguards must be consistent with the
  392  provisions and plans established under chapter 411, Pub. L. No.
  393  99-457, and this chapter. Procedures established for reporting
  394  information and maintaining a confidential registry must include
  395  a mechanism for a centralized information depository at the
  396  state and county levels. The department shall coordinate with
  397  existing risk assessment systems and information registries. The
  398  department must ensure, to the maximum extent possible, that the
  399  screening information registry is integrated with the
  400  department’s automated data systems, including the Florida On
  401  line Recipient Integrated Data Access (FLORIDA) system.
  402         (a)Blood specimens for newborn screenings.Newborn Tests
  403  and screenings must be performed by the State Public Health
  404  Laboratory, in coordination with Children’s Medical Services, at
  405  such times and in such manner as is prescribed by the department
  406  after consultation with the Genetics and Newborn Screening
  407  Advisory Council and the Department of Education.
  408         (b)(c)Release of screening results.—Notwithstanding any
  409  law to the contrary, the State Public Health Laboratory may
  410  release, directly or through the Children’s Medical Services
  411  program, the results of a newborn’s hearing and metabolic tests
  412  or screenings to the newborn’s health care practitioner, the
  413  newborn’s parent or legal guardian, the newborn’s personal
  414  representative, or a person designated by the newborn’s parent
  415  or legal guardian. As used in this paragraph, the term “health
  416  care practitioner” means a physician or physician assistant
  417  licensed under chapter 458; an osteopathic physician or
  418  physician assistant licensed under chapter 459; an advanced
  419  practice registered nurse, registered nurse, or licensed
  420  practical nurse licensed under part I of chapter 464; a midwife
  421  licensed under chapter 467; a speech-language pathologist or
  422  audiologist licensed under part I of chapter 468; or a dietician
  423  or nutritionist licensed under part X of chapter 468; or a
  424  genetic counselor licensed under part III of chapter 483.
  425         (2) RULES.—
  426         (a) After consultation with the Genetics and Newborn
  427  Screening Advisory Council, the department shall adopt and
  428  enforce rules requiring that every newborn in this state shall:
  429         1. Before becoming 1 week of age, have a blood specimen
  430  collected for newborn screenings be subjected to a test for
  431  phenylketonuria;
  432         2. Be tested for any condition included on the federal
  433  Recommended Uniform Screening Panel which the council advises
  434  the department should be included under the state’s screening
  435  program. After the council recommends that a condition be
  436  included, the department shall submit a legislative budget
  437  request to seek an appropriation to add testing of the condition
  438  to the newborn screening program. The department shall expand
  439  statewide screening of newborns to include screening for such
  440  conditions within 18 months after the council renders such
  441  advice, if a test approved by the United States Food and Drug
  442  Administration or a test offered by an alternative vendor is
  443  available. If such a test is not available within 18 months
  444  after the council makes its recommendation, the department shall
  445  implement such screening as soon as a test offered by the United
  446  States Food and Drug Administration or by an alternative vendor
  447  is available; and
  448         3. At the appropriate age, be tested for such other
  449  metabolic diseases and hereditary or congenital disorders as the
  450  department may deem necessary from time to time.
  451         (b) After consultation with the Department of Education,
  452  the department shall adopt and enforce rules requiring every
  453  newborn in this state to be screened for environmental risk
  454  factors that place children and their families at risk for
  455  increased morbidity, mortality, and other negative outcomes.
  456         (b)(c) The department shall adopt such additional rules as
  457  are found necessary for the administration of this section and
  458  ss. 383.145 and 383.148 s. 383.145, including rules providing
  459  definitions of terms, rules relating to the methods used and
  460  time or times for testing as accepted medical practice
  461  indicates, rules relating to charging and collecting fees for
  462  the administration of the newborn screening program authorized
  463  by this section, rules for processing requests and releasing
  464  test and screening results, and rules requiring mandatory
  465  reporting of the results of tests and screenings for these
  466  conditions to the department.
  467         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  468  shall administer and provide certain services to implement the
  469  provisions of this section and shall:
  470         (a) Assure the availability and quality of the necessary
  471  laboratory tests and materials.
  472         (b) Furnish all physicians, county health departments,
  473  perinatal centers, birthing centers, and hospitals forms on
  474  which environmental screening and the results of tests for
  475  phenylketonuria and such other disorders for which testing may
  476  be required from time to time shall be reported to the
  477  department.
  478         (c) Promote education of the public about the prevention
  479  and management of metabolic, hereditary, and congenital
  480  disorders and dangers associated with environmental risk
  481  factors.
  482         (c)(d) Maintain a confidential registry of cases, including
  483  information of importance for the purpose of follow-up followup
  484  services to prevent intellectual disabilities, to correct or
  485  ameliorate physical disabilities, and for epidemiologic studies,
  486  if indicated. Such registry shall be exempt from the provisions
  487  of s. 119.07(1).
  488         (d)(e) Supply the necessary dietary treatment products
  489  where practicable for diagnosed cases of phenylketonuria and
  490  other metabolic diseases for as long as medically indicated when
  491  the products are not otherwise available. Provide nutrition
  492  education and supplemental foods to those families eligible for
  493  the Special Supplemental Nutrition Program for Women, Infants,
  494  and Children as provided in s. 383.011.
  495         (e)(f) Promote the availability of genetic studies,
  496  services, and counseling in order that the parents, siblings,
  497  and affected newborns may benefit from detection and available
  498  knowledge of the condition.
  499         (f)(g) Have the authority to charge and collect fees for
  500  the administration of the newborn screening program. authorized
  501  in this section, as follows:
  502         1. A fee not to exceed $15 will be charged for each live
  503  birth, as recorded by the Office of Vital Statistics, occurring
  504  in a hospital licensed under part I of chapter 395 or a birth
  505  center licensed under s. 383.305 per year. The department shall
  506  calculate the annual assessment for each hospital and birth
  507  center, and this assessment must be paid in equal amounts
  508  quarterly. Quarterly, The department shall generate and issue
  509  mail to each hospital and birth center a statement of the amount
  510  due.
  511         2. As part of the department’s legislative budget request
  512  prepared pursuant to chapter 216, the department shall submit a
  513  certification by the department’s inspector general, or the
  514  director of auditing within the inspector general’s office, of
  515  the annual costs of the uniform testing and reporting procedures
  516  of the newborn screening program. In certifying the annual
  517  costs, the department’s inspector general or the director of
  518  auditing within the inspector general’s office shall calculate
  519  the direct costs of the uniform testing and reporting
  520  procedures, including applicable administrative costs.
  521  Administrative costs shall be limited to those department costs
  522  which are reasonably and directly associated with the
  523  administration of the uniform testing and reporting procedures
  524  of the newborn screening program.
  525         (g)(h) Have the authority to bill third-party payors for
  526  newborn screening tests.
  527         (h)(i) Create and make available electronically a pamphlet
  528  with information on screening for, and the treatment of,
  529  preventable infant and childhood eye and vision disorders,
  530  including, but not limited to, retinoblastoma and amblyopia.
  531  
  532  All provisions of this subsection must be coordinated with the
  533  provisions and plans established under this chapter, chapter
  534  411, and Pub. L. No. 99-457.
  535         (5)SUBMISSION OF NEWBORN SCREENING SPECIMEN CARDS.—Any
  536  health care practitioner whose duty it is to administer
  537  screenings under this section shall prepare and send all newborn
  538  screening specimen cards to the State Public Health Laboratory
  539  in accordance with rules adopted under this section. As used in
  540  this subsection, the term “health care practitioner” means a
  541  physician or physician assistant licensed under chapter 458, an
  542  osteopathic physician or physician assistant licensed under
  543  chapter 459, an advanced practice registered nurse licensed
  544  under part I of chapter 464, or a midwife licensed under chapter
  545  467.
  546         Section 4. Paragraph (k) is added to subsection (2) of
  547  Section 383.145, Florida Statutes, and subsection (3) of that
  548  section is amended, to read:
  549         383.145 Newborn, and infant, and toddler hearing
  550  screening.—
  551         (2) DEFINITIONS.—As used in this section, the term:
  552         (k)“Toddler” means a child from 12 months to 36 months of
  553  age.
  554         (3) REQUIREMENTS FOR SCREENING OF NEWBORNS, INFANTS, AND
  555  TODDLERS; INSURANCE COVERAGE; REFERRAL FOR ONGOING SERVICES.—
  556         (a) Each hospital or other state-licensed birth birthing
  557  facility that provides maternity and newborn care services shall
  558  ensure that all newborns are, before discharge, screened for the
  559  detection of hearing loss to prevent the consequences of
  560  unidentified disorders. If a newborn fails the screening for the
  561  detection of hearing loss, the hospital or other state-licensed
  562  birth birthing facility must administer a test approved by the
  563  United States Food and Drug Administration or another
  564  diagnostically equivalent test on the newborn to screen for
  565  congenital cytomegalovirus before the newborn becomes 21 days of
  566  age or before discharge, whichever occurs earlier.
  567         (b) Each licensed birth center that provides maternity and
  568  newborn care services shall ensure that all newborns are, before
  569  discharge, screened for the detection of hearing loss. Within 7
  570  days after the birth, the licensed birth center must ensure that
  571  all newborns who do not pass the hearing screening are referred
  572  for to an appointment audiologist, a hospital, or another
  573  newborn hearing screening provider for a test to screen for
  574  congenital cytomegalovirus before the newborn becomes 21 days of
  575  age screening for the detection of hearing loss to prevent the
  576  consequences of unidentified disorders. The referral for
  577  appointment must be made within 7 days after discharge. Written
  578  documentation of the referral must be placed in the newborn’s
  579  medical chart.
  580         (c) If the parent or legal guardian of the newborn objects
  581  to the screening, the screening must not be completed. In such
  582  case, the physician, midwife, or other person attending the
  583  newborn shall maintain a record that the screening has not been
  584  performed and attach a written objection that must be signed by
  585  the parent or guardian.
  586         (d) For home births, the health care provider in attendance
  587  is responsible for coordination and referral to an audiologist,
  588  a hospital, or another newborn hearing screening provider. The
  589  health care provider in attendance must make the referral for
  590  appointment within 7 days after the birth. In cases in which the
  591  home birth is not attended by a health care provider, the
  592  newborn’s primary health care provider is responsible for
  593  coordinating the referral.
  594         (e) For home births and births in a licensed birth center,
  595  if a newborn is referred to a newborn hearing screening provider
  596  and the newborn fails the screening for the detection of hearing
  597  loss, the newborn’s primary health care provider must refer the
  598  newborn for administration of a test approved by the United
  599  States Food and Drug Administration or another diagnostically
  600  equivalent test on the newborn to screen for congenital
  601  cytomegalovirus before the newborn becomes 21 days of age.
  602         (f) All newborn and infant hearing screenings must be
  603  conducted by an audiologist, a physician, or an appropriately
  604  supervised individual who has completed documented training
  605  specifically for newborn hearing screening. Every hospital that
  606  provides maternity or newborn care services shall obtain the
  607  services of an audiologist, a physician, or another newborn
  608  hearing screening provider, through employment or contract or
  609  written memorandum of understanding, for the purposes of
  610  appropriate staff training, screening program supervision,
  611  monitoring the scoring and interpretation of test results,
  612  rendering of appropriate recommendations, and coordination of
  613  appropriate follow-up services. Appropriate documentation of the
  614  screening completion, results, interpretation, and
  615  recommendations must be placed in the medical record within 24
  616  hours after completion of the screening procedure.
  617         (g) The screening of a newborn’s hearing must be completed
  618  before the newborn is discharged from the hospital or licensed
  619  birth center. However, if the screening is not completed before
  620  discharge due to scheduling or temporary staffing limitations,
  621  the screening must be completed within 21 days after the birth.
  622  Screenings completed after discharge or performed because of
  623  initial screening failure must be completed by an audiologist, a
  624  physician, a hospital, or another newborn hearing screening
  625  provider.
  626         (h) Each hospital shall formally designate a lead physician
  627  responsible for programmatic oversight for newborn hearing
  628  screening. Each birth center shall designate a licensed health
  629  care provider to provide such programmatic oversight and to
  630  ensure that the appropriate referrals are being completed.
  631         (i) When ordered by the treating physician, screening of a
  632  newborn’s, infant’s, or toddler’s hearing must include auditory
  633  brainstem responses, or evoked otoacoustic emissions, or
  634  appropriate technology as approved by the United States Food and
  635  Drug Administration.
  636         (j) The results of any test conducted pursuant to this
  637  section, including, but not limited to, newborn hearing loss
  638  screening, congenital cytomegalovirus testing, and any related
  639  diagnostic testing, must be reported to the department within 7
  640  days after receipt of such results.
  641         (k) The initial procedure for screening the hearing of the
  642  newborn or infant and any medically necessary follow-up
  643  reevaluations leading to diagnosis shall be a covered benefit
  644  for Medicaid patients covered by a fee-for-service program. For
  645  Medicaid patients enrolled in HMOs, providers shall be
  646  reimbursed directly by the Medicaid Program Office at the
  647  Medicaid rate. This service may not be considered a covered
  648  service for the purposes of establishing the payment rate for
  649  Medicaid HMOs. All health insurance policies and health
  650  maintenance organizations as provided under ss. 627.6416,
  651  627.6579, and 641.31(30), except for supplemental policies that
  652  only provide coverage for specific diseases, hospital indemnity,
  653  or Medicare supplement, or to the supplemental policies, shall
  654  compensate providers for the covered benefit at the contracted
  655  rate. Nonhospital-based providers are eligible to bill Medicaid
  656  for the professional and technical component of each procedure
  657  code.
  658         (l) A child who is diagnosed as having permanent hearing
  659  loss must be referred to the primary care physician for medical
  660  management, treatment, and follow-up services. Furthermore, in
  661  accordance with Part C of the Individuals with Disabilities
  662  Education Act, Pub. L. No. 108-446, Infants and Toddlers with
  663  Disabilities, any child from birth to 36 months of age who is
  664  diagnosed as having hearing loss that requires ongoing special
  665  hearing services must be referred to the Children’s Medical
  666  Services Early Intervention Program serving the geographical
  667  area in which the child resides.
  668         Section 5. Section 383.147, Florida Statutes, is amended to
  669  read:
  670         383.147 Newborn and infant screenings for Sickle cell
  671  disease and sickle cell trait hemoglobin variants; registry.—
  672         (1) If a screening provider detects that a newborn as or an
  673  infant, as those terms are defined in s. 383.145(2), is
  674  identified as having sickle cell disease or carrying a sickle
  675  cell trait through the newborn screening program as described in
  676  s. 383.14, the department hemoglobin variant, it must:
  677         (a) Notify the parent or guardian of the newborn and
  678  provide information regarding the availability and benefits of
  679  genetic counseling. primary care physician of the newborn or
  680  infant and
  681         (b) Submit the results of such screening to the Department
  682  of Health for inclusion in the sickle cell registry established
  683  under paragraph (2)(a), unless the parent or guardian of the
  684  newborn provides an opt-out form obtained from the department,
  685  or otherwise indicates in writing to the department his or her
  686  objection to having the newborn included in the sickle cell
  687  registry. The primary care physician must provide to the parent
  688  or guardian of the newborn or infant information regarding the
  689  availability and benefits of genetic counseling.
  690         (2)(a) The Department of Health shall contract with a
  691  community-based sickle cell disease medical treatment and
  692  research center to establish and maintain a registry for
  693  individuals newborns and infants who are identified as having
  694  sickle cell disease or carrying a sickle cell trait hemoglobin
  695  variant. The sickle cell registry must track sickle cell disease
  696  outcome measures, except as provided in paragraph (1)(b). A
  697  parent or guardian of a newborn or an infant in the registry may
  698  request to have his or her child removed from the registry by
  699  submitting a form prescribed by the department by rule.
  700         (b) In addition to newborns identified and included in the
  701  registry under subsection (1), persons living in this state who
  702  have been identified as having sickle cell disease or carrying a
  703  sickle cell trait may choose to be included in the registry by
  704  providing the department with notification as prescribed by
  705  rule.
  706         (c) The Department of Health shall also establish a system
  707  to ensure that the community-based sickle cell disease medical
  708  treatment and research center notifies the parent or guardian of
  709  a child who has been included in the registry that a follow-up
  710  consultation with a physician is recommended. Such notice must
  711  be provided to the parent or guardian of such child at least
  712  once during early adolescence and once during late adolescence.
  713  The department shall make every reasonable effort to notify
  714  persons included in the registry who are 18 years of age that
  715  they may request to be removed from the registry by submitting a
  716  form prescribed by the department by rule. The department shall
  717  also provide to such persons information regarding available
  718  educational services, genetic counseling, and other beneficial
  719  resources.
  720         (3) The Department of Health shall adopt rules to implement
  721  this section.
  722         Section 6. Section 383.148, Florida Statutes, is created to
  723  read:
  724         383.148ENVIRONMENTAL RISK SCREENING.—
  725         (1)RISK SCREENING.—To help ensure access to the maternal
  726  and child health care system, the Department of Health shall
  727  promote the screening of all pregnant women and infants in this
  728  state for environmental risk factors, such as low income, poor
  729  education, maternal and family stress, mental health, substance
  730  use disorder, and other high-risk conditions, and promote
  731  education of the public about the dangers associated with
  732  environmental risk factors.
  733         (2)PRENATAL RISK SCREENING REQUIREMENTS.—The department
  734  shall develop a multilevel screening process that includes a
  735  risk assessment instrument to identify women at risk for a
  736  preterm birth or other high-risk condition.
  737         (a)A primary health care provider must complete the risk
  738  screening at a pregnant woman’s first prenatal visit using the
  739  form and in the manner prescribed by rules adopted under this
  740  section, so that the woman may immediately be notified and
  741  referred to appropriate health, education, and social services.
  742         (b)This subsection does not apply if the pregnant woman
  743  objects to the screening in a manner prescribed by department
  744  rule.
  745         (3)POSTNATAL RISK SCREENING REQUIREMENTS.—The department
  746  shall develop a multilevel screening process that includes a
  747  risk assessment instrument to identify factors associated with
  748  increased risk of infant mortality and morbidity to provide
  749  early intervention, remediation, and prevention services,
  750  including, but not limited to, parent support and training
  751  programs, home visitation, and case management.
  752         (a)A hospital or birth center must complete the risk
  753  screening immediately following the birth of the infant, before
  754  discharge from the hospital or birth center, using the form and
  755  in the manner prescribed by rules adopted under this section.
  756         (b)This subsection does not apply if a parent or guardian
  757  of the newborn objects to the screening in a manner prescribed
  758  by department rule.
  759         Section 7. Paragraphs (a) and (d) of subsection (4) of
  760  section 1004.435, Florida Statutes, are amended to read:
  761         1004.435 Cancer control and research.—
  762         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
  763  CREATION; COMPOSITION.—
  764         (a) There is created within the H. Lee Moffitt Cancer
  765  Center and Research Institute, Inc., the Florida Cancer Control
  766  and Research Advisory Council. The council shall consist of 16
  767  15 members, which includes the chairperson, all of whom must be
  768  residents of this state. The State Surgeon General or his or her
  769  designee within the Department of Health shall be one of the 16
  770  15 members. Members, except those appointed by the Governor, the
  771  Speaker of the House of Representatives, or the President of the
  772  Senate, must be appointed by the chief executive officer of the
  773  institution or organization represented, or his or her designee.
  774  One member must be a representative of the American Cancer
  775  Society; one member must be a representative of the Sylvester
  776  Comprehensive Cancer Center of the University of Miami; one
  777  member must be a representative of the University of Florida
  778  Shands Cancer Center; one member must be a representative of the
  779  Florida Nurses Association who specializes in the field of
  780  oncology and is not from an institution or organization already
  781  represented on the council; one member must be a representative
  782  of the Florida Osteopathic Medical Association who specializes
  783  in the field of oncology; one member must be a member of the
  784  Florida Medical Association who specializes in the field of
  785  oncology and who represents a cancer center not already
  786  represented on the council; one member must be a representative
  787  of the H. Lee Moffitt Cancer Center and Research Institute,
  788  Inc.; one member must be a representative of the Mayo Clinic in
  789  Jacksonville; one member must be a member of the Florida
  790  Hospital Association who specializes in the field of oncology
  791  and who represents a comprehensive cancer center not already
  792  represented on the council; one member must be a representative
  793  of the Association of Community Cancer Centers; one member must
  794  specialize in pediatric oncology research or clinical care
  795  appointed by the Governor; one member must specialize in
  796  oncology clinical care or research appointed by the President of
  797  the Senate; one member must be a current or former cancer
  798  patient or a current or former caregiver to a cancer patient
  799  appointed by the Speaker of the House of Representatives; one
  800  member must be a member of the House of Representatives
  801  appointed by the Speaker of the House of Representatives; and
  802  one member must be a member of the Senate appointed by the
  803  President of the Senate. At least four of the members must be
  804  individuals who are minority persons as defined by s. 288.703.
  805         (d) The council shall meet no less than semiannually at the
  806  call of the chairperson or, in his or her absence or incapacity,
  807  at the call of the State Surgeon General. Nine Eight members
  808  constitute a quorum for the purpose of exercising all of the
  809  powers of the council. A vote of the majority of the members
  810  present is sufficient for all actions of the council.
  811         Section 8. Paragraph (i) of subsection (3) of section
  812  383.318, Florida Statutes, is amended to read:
  813         383.318 Postpartum care for birth center clients and
  814  infants.—
  815         (3) The birth center shall provide a postpartum evaluation
  816  and followup care that includes all of the following:
  817         (i) Provision of the informational pamphlet on infant and
  818  childhood eye and vision disorders created by the department
  819  pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  820         Section 9. Section 395.1053, Florida Statutes, is amended
  821  to read:
  822         395.1053 Postpartum education.—A hospital that provides
  823  birthing services shall incorporate information on safe sleep
  824  practices and the possible causes of Sudden Unexpected Infant
  825  Death into the hospital’s postpartum instruction on the care of
  826  newborns and provide to each parent the informational pamphlet
  827  on infant and childhood eye and vision disorders created by the
  828  department pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  829         Section 10. Section 456.0496, Florida Statutes, is amended
  830  to read:
  831         456.0496 Provision of information on eye and vision
  832  disorders to parents during planned out-of-hospital births.—A
  833  health care practitioner who attends an out-of-hospital birth
  834  must ensure that the informational pamphlet on infant and
  835  childhood eye and vision disorders created by the department
  836  pursuant to s. 383.14(3)(h) s. 383.14(3)(i) is provided to each
  837  parent after such a birth.
  838         Section 11. (1)Effective upon this act becoming a law and
  839  notwithstanding any provision of s. 381.986(8)(a)2.b., Florida
  840  Statutes, to the contrary, the Department of Health must grant
  841  an applicant 90 days to cure, pursuant to the errors and
  842  omissions process established in department Form DH8035-OMMU
  843  10/2021 as incorporated by the department in rule 64ER21-16,
  844  Florida Administrative Code, any remaining deficiencies cited by
  845  the department regarding the application if the applicant:
  846         (a)Applied for a medical marijuana treatment center
  847  license during the application window created by the department
  848  to accept applications for licensure pursuant to s.
  849  381.986(8)(a)2.b., Florida Statutes; and
  850         (b)Has not been awarded a license, either from the initial
  851  application process or through the cure process established in
  852  section 2 of chapter 2023-292, Laws of Florida.
  853         (2)If the applicant cures the deficiencies within the 90
  854  day timeframe, the department must issue a medical marijuana
  855  treatment center license to the applicant.
  856         (3)For purposes of the cure process detailed in
  857  subsections (1) and (2), the department must consider all
  858  deficiencies with an applicant’s application to be cured if the
  859  sole remaining deficiency cited is a failure to meet the
  860  requirement in s. 381.986(8)(b)1., Florida Statutes.
  861         (4)If an applicant who was alive as of February 1, 2024,
  862  dies before the completion of the cure process detailed in
  863  subsections (1) and (2), the death of the applicant may not be a
  864  reason to deny the application during the cure process or any
  865  resulting legal challenges. In such case, and in the event of a
  866  successful cure or challenge, the department must issue the
  867  license to the estate of the applicant.
  868         Section 12. Except as otherwise expressly provided in this
  869  act and except for this section, which shall take effect upon
  870  this act becoming a law, this act shall take effect July 1,
  871  2024.