Florida Senate - 2012 SB 1350
By Senator Sobel
31-00888A-12 20121350__
1 A bill to be entitled
2 An act relating to cancer control; amending s.
3 1004.435, F.S.; revising legislative intent to delete
4 provisions relating to research activities for cancer
5 control; changing the name of the cancer control and
6 research advisory council to the Florida Cancer
7 Control and Resource Advisory Council; providing for
8 the appointment and terms of council members and
9 duties of the council; providing for a nominating
10 committee to make recommendations for gubernatorial
11 appointments to the council; providing for council
12 membership categories; providing for an executive
13 committee of the council and duties of the committee;
14 authorizing consultants to the council; providing
15 duties of the council for the development, review, and
16 approval of the Florida Cancer Plan; deleting
17 responsibilities of the council and the Board of
18 Governors of the State University System relating to
19 cancer research; authorizing the Department of Health
20 to adopt rules for implementation of the section;
21 providing department duties relating to the
22 development and establishment of the Florida Cancer
23 Plan; revising the name of the cancer control fund and
24 deleting the use of funds for cancer research;
25 amending ss. 458.324 and 459.0125, F.S.; conforming
26 cross-references; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 1004.435, Florida Statutes, is amended
31 to read:
32 1004.435 Cancer control and resource advisory council
33 research.—
34 (1) SHORT TITLE.—This section shall be known and may be
35 cited as the “Florida Cancer Control and Research Act.”
36 (2) LEGISLATIVE INTENT.—It is the finding of the
37 Legislature that:
38 (a) Advances in scientific knowledge have led to the
39 development of preventive and therapeutic capabilities in the
40 control of cancer. Such knowledge and therapy must be made
41 available to all citizens of this state through educational and
42 therapeutic programs.
43 (b) The present state of our knowledge concerning the
44 prevalence, cause or associated factors, and treatment of cancer
45 have resulted primarily from a vast federal investment into
46 basic and clinical research, some of which is expended in this
47 state. These research activities must continue, but programs
48 must be established to extend this knowledge in preventive
49 measures and patient treatment throughout the state.
50 (c) Research in cancer has implicated the environment as a
51 causal factor for many types of cancer, i.e., sunshine, X rays,
52 diet, smoking, etc., and programs are needed to further document
53 such cause and effect relationships. Proven causes of cancer
54 should be publicized and be the subject of educational programs
55 for the prevention of cancer.
56 (b)(d) An effective cancer control program would mobilize
57 the scientific, educational, and medical resources that
58 presently exist into an intense attack against cancer this dread
59 disease.
60 (3) DEFINITIONS.—The following words and phrases when used
61 in this section have, unless the context clearly indicates
62 otherwise, the meanings given to them in this subsection:
63 (a) “Cancer” means all malignant neoplasms, regardless of
64 the tissue of origin, including lymphoma and leukemia.
65 (b) “Council” means the Florida Cancer Control and Resource
66 Research Advisory Council, which is an advisory body appointed
67 to function on a continuing basis for the study of cancer and
68 which recommends solutions and policy alternatives to the Board
69 of Governors and the State Surgeon General and which is
70 established by this section.
71 (c) “Department” means the Department of Health.
72 (d) “Fund” means the Florida Cancer Control and Research
73 Fund established by this section.
74 (e) “Plan” means the Florida Cancer Plan.
75 (f)(e) “Qualified nonprofit association” means any
76 association, incorporated or unincorporated, that has received
77 tax-exempt status from the Internal Revenue Service.
78 (4) FLORIDA CANCER CONTROL AND RESOURCE RESEARCH ADVISORY
79 COUNCIL; CREATION; COMPOSITION.—
80 (a)1. There is created within the H. Lee Moffitt Cancer
81 Center and Research Institute, Inc., the Florida Cancer Control
82 and Resource Research Advisory Council. The council shall serve
83 as a resource and clearinghouse for comprehensive cancer control
84 in the state and shall facilitate effective communication,
85 shared resources, and synergism between and among the cancer
86 stakeholder organizations and groups within the state. The
87 council shall consist of members representing the various cancer
88 constituencies in the state. The council shall include three
89 members representing the general public appointed by the
90 Governor, one member appointed by the President of the Senate,
91 one member appointed by the Speaker of the House of
92 Representatives, one member appointed by the State Surgeon
93 General, and 32 members representing cancer stakeholders in the
94 state who are appointed by the Governor. Of the 32 members, at
95 least 10 members must be individuals who are minority persons as
96 defined in s. 288.703. Each council member must be a resident of
97 the state, and all members are voting members of the council.
98 2. Of the three members representing the general public
99 appointed by the Governor, one shall serve an initial term of 2
100 years, one shall serve an initial term of 3 years, and one shall
101 serve an initial term of 4 years, beginning July 1, 2012;
102 thereafter, these gubernatorial appointments to the council
103 shall be for 4-year terms. The remaining members appointed by
104 the Governor and the members appointed by the President of the
105 Senate, the Speaker of the House of Representatives, and the
106 State Surgeon General shall serve 4-year terms. A chair and
107 vice-chair shall each be elected by the council membership for
108 2-year terms. The council shall consist of 35 members, which
109 includes the chairperson, all of whom must be residents of this
110 state. All members, except those appointed by the Speaker of the
111 House of Representatives and the President of the Senate, must
112 be appointed by the Governor. At least one of the members
113 appointed by the Governor must be 60 years of age or older. One
114 member must be a representative of the American Cancer Society;
115 one member must be a representative of the Florida Tumor
116 Registrars Association; one member must be a representative of
117 the Sylvester Comprehensive Cancer Center of the University of
118 Miami; one member must be a representative of the Department of
119 Health; one member must be a representative of the University of
120 Florida Shands Cancer Center; one member must be a
121 representative of the Agency for Health Care Administration; one
122 member must be a representative of the Florida Nurses
123 Association; one member must be a representative of the Florida
124 Osteopathic Medical Association; one member must be a
125 representative of the American College of Surgeons; one member
126 must be a representative of the School of Medicine of the
127 University of Miami; one member must be a representative of the
128 College of Medicine of the University of Florida; one member
129 must be a representative of NOVA Southeastern College of
130 Osteopathic Medicine; one member must be a representative of the
131 College of Medicine of the University of South Florida; one
132 member must be a representative of the College of Public Health
133 of the University of South Florida; one member must be a
134 representative of the Florida Society of Clinical Oncology; one
135 member must be a representative of the Florida Obstetric and
136 Gynecologic Society who has had training in the specialty of
137 gynecologic oncology; one member must be a representative of the
138 Florida Ovarian Cancer Alliance Speaks (FOCAS) organization; one
139 member must be a representative of the Florida Medical
140 Association; one member must be a member of the Florida
141 Pediatric Society; one member must be a representative of the
142 Florida Radiological Society; one member must be a
143 representative of the Florida Society of Pathologists; one
144 member must be a representative of the H. Lee Moffitt Cancer
145 Center and Research Institute, Inc.; three members must be
146 representatives of the general public acting as consumer
147 advocates; one member must be a member of the House of
148 Representatives appointed by the Speaker of the House of
149 Representatives; one member must be a member of the Senate
150 appointed by the President of the Senate; one member must be a
151 representative of the Florida Dental Association; one member
152 must be a representative of the Florida Hospital Association;
153 one member must be a representative of the Association of
154 Community Cancer Centers; one member shall be a representative
155 from a statutory teaching hospital affiliated with a community
156 based cancer center; one member must be a representative of the
157 Florida Association of Pediatric Tumor Programs, Inc.; one
158 member must be a representative of the Cancer Information
159 Service; one member must be a representative of the Florida
160 Agricultural and Mechanical University Institute of Public
161 Health; and one member must be a representative of the Florida
162 Society of Oncology Social Workers. Of the members of the
163 council appointed by the Governor, at least 10 must be
164 individuals who are minority persons as defined by s. 288.703.
165 (b) A nominating committee shall review applicants for the
166 council on an annual basis and make recommendations for
167 gubernatorial appointments to the council. The nominating
168 committee shall be comprised of a minimum of seven council
169 members selected by, and including, the vice chair. The
170 nominating committee shall constitute a subgroup of the council
171 membership in that at least one member shall represent each
172 membership category identified in paragraph (c). The individuals
173 selected by the nominating committee shall be forwarded for
174 gubernatorial appointment and are eligible for reappointment one
175 time.
176 (c) The 32 members appointed by the Governor who represent
177 cancer stakeholders in the state shall be recommended by cancer
178 stakeholder organizations or groups, by council nomination, or
179 through self-referrals. The membership categories and the
180 maximum number of members in each category include:
181 1. Five members from university-based health care delivery
182 systems with major cancer programs, including the H. Lee Moffitt
183 Cancer Center and Research Institute, Inc., the University of
184 Florida Shands Cancer Center, and the University of Miami
185 Sylvester Comprehensive Cancer Center.
186 2. Five members from community-based health care delivery
187 systems or practices with American College of Surgeons
188 accredited cancer programs.
189 3. Four members from nonprofit or voluntary organizations,
190 including a representative from the American Cancer Society.
191 4. Three members from health and healthcare disparities
192 research and outreach cancer programs.
193 5. Five members from state governmental agencies, including
194 the Department of Health, the Department of Education, and the
195 Biomedical Research Advisory Council.
196 6. Five members from cancer-related professional
197 organizations, including the Florida Society of Clinical
198 Oncology, the Florida Society of Oncology Social Workers, and
199 the Florida Medical Association.
200 7. Five members each representing one of the state regional
201 cancer collaboratives.
202 (d) An executive committee, which shall be responsible for
203 coordinating the activities and planning the direction of the
204 council, shall be comprised of the council’s chair and vice
205 chair, the appointee of the Speaker of the House of
206 Representatives, the appointee of the President of the Senate,
207 the appointee of the State Surgeon General, and four members
208 selected by the chair. The positions on the executive committee
209 shall be for terms of 2 years corresponding to the chair’s term
210 in office. Membership on the executive committee shall
211 constitute a subgroup of the council membership in that at least
212 one member shall represent each membership category identified
213 in paragraph (c). Additional members may serve at the discretion
214 of the chair.
215 (e) The council may invite additional state cancer
216 stakeholder organizations or groups or individuals with
217 expertise, experience, or resources to serve as consultants to
218 assist the council in accomplishing its mission. Such services
219 may include consultative participation in council activities,
220 associated task forces, or projects. Consultants have no voting
221 rights on the council.
222 (b) The terms of the members shall be 4 years from their
223 respective dates of appointment.
224 (c) A chairperson shall be appointed by the Governor for a
225 term of 2 years. The chairperson shall appoint an executive
226 committee of no fewer than three persons to serve at the
227 pleasure of the chairperson. This committee will prepare
228 material for the council but make no final decisions.
229 (f)(d) The council shall meet no less than semiannually at
230 the call of the chair chairperson or, in his or her absence or
231 incapacity, at the call of the State Surgeon General. Twenty
232 Sixteen members constitute a quorum for the purpose of
233 exercising all of the powers of the council. A vote of the
234 majority of the members present is sufficient for all actions of
235 the council.
236 (g)(e) The council members shall serve without pay.
237 Pursuant to the provisions of s. 112.061, the council members
238 may be entitled to be reimbursed for per diem and travel
239 expenses.
240 (h)(f) A No member of the council may not shall participate
241 in any discussion or decision to recommend grants or contracts
242 to any qualified nonprofit association or to any agency of this
243 state or its political subdivisions with which the member is
244 associated as a member of the governing body or as an employee
245 or with which the member has entered into a contractual
246 arrangement.
247 (i)(g) The council may prescribe, amend, and repeal bylaws
248 governing the manner in which the business of the council is
249 conducted.
250 (j)(h) The council shall advise the Board of Governors, the
251 State Surgeon General, the Governor, and the Legislature with
252 respect to cancer control and resources research in this state.
253 (k)(i) The council shall approve each year a program for
254 cancer control and research to be known as the “Florida Cancer
255 Plan” which shall be consistent with the State Health Plan and
256 integrated and coordinated with existing or emerging programs in
257 this state. The council shall review and approve the plan at
258 least every 4 years.
259 (l)(j) The council shall formulate and recommend to the
260 State Surgeon General, the Governor, the President of the
261 Senate, and the Speaker of the House of Representatives a plan
262 for the prevention and early detection of cancer which is
263 evidence-based and consistent with standards of practice and
264 supported by evidence-based medicine care and treatment of
265 persons suffering from cancer and recommend the establishment of
266 standard requirements for the organization, equipment, and
267 conduct of cancer units or departments in hospitals and clinics
268 in this state. The council may recommend to the State Surgeon
269 General the designation of cancer units following a survey of
270 the needs and facilities for treatment of cancer in the various
271 localities throughout the state. The State Surgeon General shall
272 consider the plan in developing departmental priorities and
273 funding priorities and standards under chapter 395.
274 (m)(k) The council shall provide expertise and input in the
275 content and development of is responsible for including in the
276 Florida Cancer Plan, which is otherwise generated through the
277 Department of Health. Recommendations shall include for the
278 coordination and integration of medical, nursing, paramedical,
279 lay, and other state efforts plans concerned with cancer control
280 and research. Committees may shall be formed to develop
281 strategies for taking action regarding by the council so that
282 the following areas will be established as entities for actions:
283 1. Cancer plan evaluation, including the creation of a:
284 tumor registry, data retrieval systems, and epidemiology of
285 cancer in the state and its relation to other areas.
286 2. Cancer prevention.
287 3. Cancer detection.
288 4. Cancer treatments patient management: treatment,
289 rehabilitation, terminal care, and other patient-oriented
290 activities.
291 5. Support services for cancer patients and caregivers
292 education: lay and professional.
293 6. Unproven methods of Cancer education for laypersons and
294 professionals therapy: quackery and unorthodox therapies.
295 7. Other cancer-control-related topics Investigator
296 initiated project research.
297 (n)(l) In order to implement in whole or in part the
298 Florida Cancer Plan, the council may shall recommend to the
299 Board of Governors or the State Surgeon General the awarding of
300 grants and contracts to qualified profit or nonprofit
301 associations or governmental agencies in order to plan,
302 establish, or conduct programs in cancer control or prevention
303 and, cancer education or and training, and cancer research.
304 (o) The council shall have input into the prioritization
305 and implementation of statewide programs and the allocation of
306 resources in the department’s comprehensive cancer control
307 program, consistent with the Florida Cancer Plan.
308 (p)(m) If funds are specifically appropriated by the
309 Legislature, the council shall develop or purchase standardized
310 written summaries, written in layperson’s terms and in language
311 easily understood by the average adult patient, informing
312 citizens and professionals on cancer prevention, detection,
313 treatment, and survivorship actual and high-risk breast cancer
314 patients, prostate cancer patients, and men who are considering
315 prostate cancer screening of the medically viable treatment
316 alternatives available to them in the effective management of
317 breast cancer and prostate cancer; describing such treatment
318 alternatives; and explaining the relative advantages,
319 disadvantages, and risks associated therewith. The breast cancer
320 summary, upon its completion, shall be printed in the form of a
321 pamphlet or booklet and made continuously available to
322 physicians and surgeons in this state for their use in
323 accordance with s. 458.324 and to osteopathic physicians in this
324 state for their use in accordance with s. 459.0125. The council
325 shall periodically update both summaries to reflect current
326 standards of medical practice in the treatment of breast cancer
327 and prostate cancer. The council shall develop and implement
328 educational programs and position statements, including
329 distribution of the summaries developed or purchased under this
330 paragraph, to inform citizen groups, associations, government
331 officials, and voluntary organizations about cancer-related
332 matters early detection and treatment of breast cancer and
333 prostate cancer.
334 (q)(n) The council may recommend to shall have the
335 responsibility to advise the Board of Governors and the State
336 Surgeon General, the Governor, the President of the Senate, and
337 the Speaker of the House of Representatives on methods of
338 enforcing and implementing laws already enacted and concerned
339 with cancer control, research, and education.
340 (r)(o) The council may recommend to the Board of Governors
341 or the State Surgeon General rules not inconsistent with law as
342 it may deem necessary for the performance of its duties and the
343 proper administration of this section.
344 (s)(p) The council shall formulate and put into effect a
345 continuing educational program for the prevention of cancer and
346 its early diagnosis and disseminate to hospitals, cancer
347 patients, and the public information concerning the proper
348 treatment of cancer.
349 (t)(q) The council shall be physically located at the H.
350 Lee Moffitt Cancer Center and Research Institute, Inc., at the
351 University of South Florida.
352 (u)(r) By December 1 On February 15 of each year, the
353 council shall report its findings and recommendations to the
354 State Surgeon General, the Governor, the President of the
355 Senate, and the Speaker of the House of Representatives and to
356 the Legislature.
357 (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
358 MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
359 STATE SURGEON GENERAL, AND THE DEPARTMENT OF HEALTH.—
360 (a) The Board of Governors or The State Surgeon General,
361 after consultation with the council, may shall award grants and
362 contracts to qualified nonprofit associations and governmental
363 agencies in order to plan, establish, or conduct programs in
364 cancer control or and prevention and, cancer education or and
365 training, and cancer research.
366 (b) The H. Lee Moffitt Cancer Center and Research
367 Institute, Inc., shall provide a full-time executive director to
368 coordinate, facilitate, and communicate the mission and
369 responsibilities of the council. Additional administrative
370 support, information, and other assistance shall be provided
371 such staff, information, and other assistance as reasonably
372 necessary for the completion of the responsibilities of the
373 council.
374 (c) The Department of Health Board of Governors or the
375 State Surgeon General, after consultation with the council, may
376 adopt rules necessary for the implementation of this section.
377 (d) The Florida Cancer Plan is established within the
378 Department of Health. The department must utilize the council in
379 developing the plan, prioritizing goals, allocating resources,
380 and approving the plan in its final form. The State Surgeon
381 General, after consultation with the council, shall make rules
382 specifying to what extent and on what terms and conditions
383 cancer patients of the state may receive financial aid for the
384 diagnosis and treatment of cancer in any hospital or clinic
385 selected. The department may furnish to citizens of this state
386 who are afflicted with cancer financial aid to the extent of the
387 appropriation provided for that purpose in a manner which in its
388 opinion will afford the greatest benefit to those afflicted and
389 may make arrangements with hospitals, laboratories, or clinics
390 to afford proper care and treatment for cancer patients in this
391 state.
392 (6) FLORIDA CANCER CONTROL AND RESEARCH FUND.—
393 (a) There is created the Florida Cancer Control and
394 Research Fund consisting of funds appropriated therefor from the
395 General Revenue Fund and any gifts, grants, or funds received
396 from other sources.
397 (b) The fund shall be used exclusively for grants and
398 contracts to qualified nonprofit associations or governmental
399 agencies for the purpose of cancer control or and prevention,
400 cancer education or and training, cancer research, and all
401 expenses incurred in connection with the administration of this
402 section and the programs funded through the grants and contracts
403 authorized by the State Board of Education or the State Surgeon
404 General.
405 Section 2. Subsection (1) and paragraph (a) of subsection
406 (2) of section 458.324, Florida Statutes, are amended to read:
407 458.324 Breast cancer; information on treatment
408 alternatives.—
409 (1) DEFINITION.—As used in this section, the term
410 “medically viable,” as applied to treatment alternatives, means
411 modes of treatment generally considered by the medical
412 profession to be within the scope of current, acceptable
413 standards, including treatment alternatives described in the
414 written summary prepared by the Florida Cancer Control and
415 Resource Research Advisory Council in accordance with s.
416 1004.435(4)(p) 1004.435(4)(m).
417 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
418 treating a patient who is, or in the judgment of the physician
419 is at high risk of being, diagnosed as having breast cancer
420 shall inform such patient of the medically viable treatment
421 alternatives available to such patient; shall describe such
422 treatment alternatives; and shall explain the relative
423 advantages, disadvantages, and risks associated with the
424 treatment alternatives to the extent deemed necessary to allow
425 the patient to make a prudent decision regarding such treatment
426 options. In compliance with this subsection:
427 (a) The physician may, in his or her discretion:
428 1. Orally communicate such information directly to the
429 patient or the patient’s legal representative;
430 2. Provide the patient or the patient’s legal
431 representative with a copy of the written summary prepared in
432 accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express a
433 willingness to discuss the summary with the patient or the
434 patient’s legal representative; or
435 3. Both communicate such information directly and provide a
436 copy of the written summary to the patient or the patient’s
437 legal representative for further consideration and possible
438 later discussion.
439
440 Nothing in this subsection shall reduce other provisions of law
441 regarding informed consent.
442 Section 3. Subsection (1) and paragraph (a) of subsection
443 (2) of section 459.0125, Florida Statutes, are amended to read:
444 459.0125 Breast cancer; information on treatment
445 alternatives.—
446 (1) DEFINITION.—As used in this section, the term
447 “medically viable,” as applied to treatment alternatives, means
448 modes of treatment generally considered by the medical
449 profession to be within the scope of current, acceptable
450 standards, including treatment alternatives described in the
451 written summary prepared by the Florida Cancer Control and
452 Resource Research Advisory Council in accordance with s.
453 1004.435(4)(p) 1004.435(4)(m).
454 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
455 obligation of every physician treating a patient who is, or in
456 the judgment of the physician is at high risk of being,
457 diagnosed as having breast cancer to inform such patient of the
458 medically viable treatment alternatives available to such
459 patient; to describe such treatment alternatives; and to explain
460 the relative advantages, disadvantages, and risks associated
461 with the treatment alternatives to the extent deemed necessary
462 to allow the patient to make a prudent decision regarding such
463 treatment options. In compliance with this subsection:
464 (a) The physician may, in her or his discretion:
465 1. Orally communicate such information directly to the
466 patient or the patient’s legal representative;
467 2. Provide the patient or the patient’s legal
468 representative with a copy of the written summary prepared in
469 accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express her
470 or his willingness to discuss the summary with the patient or
471 the patient’s legal representative; or
472 3. Both communicate such information directly and provide a
473 copy of the written summary to the patient or the patient’s
474 legal representative for further consideration and possible
475 later discussion.
476
477 Nothing in this subsection shall reduce other provisions of law
478 regarding informed consent.
479 Section 4. This act shall take effect July 1, 2012.