The Florida Senate

381.78  Advisory council on brain and spinal cord injuries.--

(1)  There is created within the department a 16-member advisory council on brain and spinal cord injuries. The council shall be composed of a minimum of four persons who have brain injuries or are family members of persons who have brain injuries, a minimum of four persons who have spinal cord injuries or are family members of persons who have spinal cord injuries, and a minimum of two persons who represent the special needs of children who have brain or spinal cord injuries. The balance of the council members shall be physicians, other allied health professionals, administrators of brain and spinal cord injury programs, and representatives from support groups that have expertise in areas related to the rehabilitation of persons who have brain or spinal cord injuries.

(2)  Members of the council shall be appointed to serve by the secretary. An individual may not serve more than two terms.

(a)  Eight members of the first appointed council shall serve an initial term of 2 years. This group shall include two persons who have brain injuries or are family members of persons who have brain injuries, two persons who have spinal cord injuries or are family members of persons who have spinal cord injuries, and four other persons from the previous council.

(b)  The remaining members of the first appointed council shall serve an initial term of 4 years. Thereafter all members' terms shall be for 4 years.

(c)  Any council member who is unwilling or unable to properly fulfill the duties of the office shall be succeeded by a person chosen by the secretary to serve out the unexpired balance of the replaced council member's term. If the unexpired balance of the replaced council member's term is less than 18 months, then, notwithstanding the provisions of this subsection, the succeeding council member may be reappointed by the secretary twice.

(3)  The council shall meet at least two times annually.

(4)  The council shall:

(a)  Provide advice and expertise to the division in the preparation, implementation, and periodic review of the brain and spinal cord injury program as referenced in ¹s. 413.49.

(b)  Annually appoint a five-member committee composed of one person who has a brain injury or has a family member with a brain injury, one person who has a spinal cord injury or has a family member with a spinal cord injury, and three members who shall be chosen from among these representative groups: physicians, other allied health professionals, administrators of brain and spinal cord injury programs, and representatives from support groups with expertise in areas related to the rehabilitation of persons who have brain or spinal cord injuries, except that one and only one member of the committee shall be an administrator of a transitional living facility. Membership on the council is not a prerequisite for membership on this committee.

1.  The committee shall perform onsite visits to those transitional living facilities identified by the Agency for Health Care Administration as being in possible violation of the statutes and rules regulating such facilities. The committee members have the same rights of entry and inspection granted under s. 400.805(7) to designated representatives of the agency.

2.  Factual findings of the committee resulting from an onsite investigation of a facility pursuant to subparagraph 1. shall be adopted by the agency in developing its administrative response regarding enforcement of statutes and rules regulating the operation of the facility.

3.  Onsite investigations by the committee shall be funded by the Health Care Trust Fund.

4.  Travel expenses for committee members shall be reimbursed in accordance with s. 112.061. Members of the committee shall recuse themselves from participating in any investigation that would create a conflict of interest under state law, and the council shall replace the member, either temporarily or permanently.

History.--s. 19, ch. 76-201; s. 9, ch. 87-320; s. 2, ch. 88-303; s. 5, ch. 91-429; s. 37, ch. 94-324; s. 3, ch. 98-12; s. 50, ch. 99-5; s. 22, ch. 99-240.

¹Note.--Transferred to s. 381.75 by s. 19, ch. 99-240.

Note.--Former s. 413.605.