Florida Senate - 2014 SB 734
By Senator Sobel
33-00984-14 2014734__
1 A bill to be entitled
2 An act relating to cancer control and research;
3 amending s. 1004.435, F.S.; revising definitions;
4 revising the membership of the Florida Cancer Control
5 and Research Advisory Council; requiring that the
6 council chairperson be selected by the council;
7 authorizing renewal of member terms; revising the
8 compensation of council members; requiring a statewide
9 research plan; deleting the duties of the council,
10 Board of Governors, and State Surgeon General relating
11 to the awarding of grants and contracts for cancer
12 related programs; deleting council duties relating to
13 the development of written summaries of treatment
14 alternatives; deleting financial aid provisions and
15 the Florida Cancer Control and Research Fund; amending
16 ss. 458.324, and 459.0125, F.S.; conforming provisions
17 to changes made by the act; making technical changes;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraphs (d) and (e) of subsection (3) and
23 subsections (4) through (6) of section 1004.435, Florida
24 Statutes, are amended to read:
25 1004.435 Cancer control and research.—
26 (3) DEFINITIONS.—The following words and phrases when used
27 in this section have, unless the context clearly indicates
28 otherwise, the meanings given to them in this subsection:
29 (d) “Fund” means the Florida Cancer Control and Research
30 Fund established by this section.
31 (e) “Qualified nonprofit association” means any
32 association, incorporated or unincorporated, that has received
33 tax-exempt status from the Internal Revenue Service.
34 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
35 CREATION; COMPOSITION.—
36 (a) There is created within the H. Lee Moffitt Cancer
37 Center and Research Institute, Inc., the Florida Cancer Control
38 and Research Advisory Council. The council shall consist of 15
39 35 members, which includes the chairperson, all of whom must be
40 residents of this state. The State Surgeon General or his or her
41 designee within the Department of Health shall be one of the 15
42 members. All Members, except those appointed by the Governor,
43 the Speaker of the House of Representatives, or and the
44 President of the Senate, must be appointed by the chief
45 executive officer of the institution or organization
46 represented, or his or her designee Governor. At least one of
47 the members appointed by the Governor must be 60 years of age or
48 older. One member must be a representative of the American
49 Cancer Society; one member must be a representative of the
50 Florida Tumor Registrars Association; one member must be a
51 representative of the Sylvester Comprehensive Cancer Center of
52 the University of Miami; one member must be a representative of
53 the Department of Health; one member must be a representative of
54 the University of Florida Shands Cancer Center; one member must
55 be a representative of the Agency for Health Care
56 Administration; one member must be a representative of the
57 Florida Nurses Association who specializes in the field of
58 oncology; one member must be a representative of the Florida
59 Osteopathic Medical Association who specializes in the field of
60 oncology; one member must be a representative of the American
61 College of Surgeons; one member must be a representative of the
62 School of Medicine of the University of Miami; one member must
63 be a representative of the College of Medicine of the University
64 of Florida; one member must be a representative of NOVA
65 Southeastern College of Osteopathic Medicine; one member must be
66 a representative of the College of Medicine of the University of
67 South Florida; one member must be a representative of the
68 College of Public Health of the University of South Florida; one
69 member must be a representative of the Florida Society of
70 Clinical Oncology; one member must be a representative of the
71 Florida Obstetric and Gynecologic Society who has had training
72 in the specialty of gynecologic oncology; one member must be a
73 representative of the Florida Ovarian Cancer Alliance Speaks
74 (FOCAS) organization; one member must be a representative of the
75 Florida Medical Association who specializes in the field of
76 oncology; one member must be a member of the Florida Pediatric
77 Society; one member must be a representative of the Florida
78 Radiological Society; one member must be a representative of the
79 Florida Society of Pathologists; one member must be a
80 representative of the H. Lee Moffitt Cancer Center and Research
81 Institute, Inc.; one member must be a representative of the
82 Florida Hospital Association who specializes in the field of
83 oncology; one member must be a representative of the Association
84 of Community Cancer Centers; one member, who shall be appointed
85 by the Governor, must specialize in pediatric oncology research
86 or clinical care; one member, who shall be appointed by the
87 President of the Senate, must specialize in oncology clinical
88 care or research; one member, who shall be appointed by the
89 Speaker of the House of Representatives, must be a current or
90 former cancer patient or a current or former caregiver to a
91 cancer patient three members must be representatives of the
92 general public acting as consumer advocates; one member must be
93 a member of the House of Representatives appointed by the
94 Speaker of the House of Representatives; and one member must be
95 a member of the Senate appointed by the President of the Senate;
96 one member must be a representative of the Florida Dental
97 Association; one member must be a representative of the Florida
98 Hospital Association; one member must be a representative of the
99 Association of Community Cancer Centers; one member shall be a
100 representative from a statutory teaching hospital affiliated
101 with a community-based cancer center; one member must be a
102 representative of the Florida Association of Pediatric Tumor
103 Programs, Inc.; one member must be a representative of the
104 Cancer Information Service; one member must be a representative
105 of the Florida Agricultural and Mechanical University Institute
106 of Public Health; and one member must be a representative of the
107 Florida Society of Oncology Social Workers. Of the members of
108 the council appointed by the Governor, At least four members 10
109 must be individuals who are minority persons as defined under by
110 s. 288.703.
111 (b) The terms of the members shall be 4 years from their
112 respective dates of appointment with the option of
113 reappointment.
114 (c) A chairperson shall be selected by the council
115 appointed by the Governor for a term of 2 years. The chairperson
116 shall appoint an executive committee of at least no fewer than
117 three persons to serve at the pleasure of the chairperson. This
118 committee shall will prepare material for the council but make
119 no final decisions.
120 (d) The council shall meet at least no less than
121 semiannually at the call of the chairperson or, in his or her
122 absence or incapacity, at the call of the State Surgeon General.
123 Eight Sixteen members constitute a quorum for the purpose of
124 exercising all of the powers of the council. A vote of the
125 majority of the members present is sufficient for all actions of
126 the council.
127 (e) The council members shall serve without pay. Pursuant
128 to the provisions of s. 112.061, a the council member members
129 may be entitled to be reimbursed for per diem and travel
130 expenses by the institution or organization he or she
131 represents. A member who is not affiliated with an institution
132 or organization shall be reimbursed for travel expenses by the
133 H. Lee Moffitt Cancer Center and Research Institute, Inc.
134 (f) No member of the council shall participate in any
135 discussion or decision to recommend grants or contracts to any
136 qualified nonprofit association or to any agency of this state
137 or its political subdivisions with which the member is
138 associated as a member of the governing body or as an employee
139 or with which the member has entered into a contractual
140 arrangement.
141 (f)(g) The council may prescribe, amend, and repeal bylaws
142 governing the manner in which the business of the council is
143 conducted.
144 (g)(h) The council shall advise the Board of Governors, the
145 State Surgeon General, and the Legislature with respect to
146 cancer control and research in this state.
147 (h)(i) The council shall annually approve each year a
148 program for cancer control and research to be known as the
149 “Florida Cancer Plan,” which shall be consistent with the State
150 Health Plan and integrated and coordinated with existing
151 programs in this state.
152 (i)(j) The council shall formulate and recommend to the
153 State Surgeon General a statewide research plan and a plan for
154 the care and treatment of persons suffering from cancer and
155 shall recommend the establishment of standard requirements for
156 the organization, equipment, and conduct of cancer units or
157 departments in hospitals and clinics in this state. The council
158 may recommend to the State Surgeon General the designation of
159 cancer units following a survey of the needs and facilities for
160 treatment of cancer in the various localities throughout the
161 state. The State Surgeon General shall consider the plan in
162 developing departmental priorities and funding priorities and
163 standards under chapter 395.
164 (j)(k) The council shall include is responsible for
165 including in the Florida Cancer Plan recommendations for the
166 coordination and integration of medical, nursing, paramedical,
167 lay, and other plans concerned with cancer control and research.
168 The council shall form committees shall be formed by the council
169 so that the following areas will be established as entities for
170 actions:
171 1. Cancer plan evaluation: tumor registry, data retrieval
172 systems, and epidemiology of cancer in the state and its
173 relation to other areas.
174 2. Cancer prevention.
175 3. Cancer detection.
176 4. Cancer patient management, including: treatment,
177 rehabilitation, terminal care, and other patient-oriented
178 activities.
179 5. Lay and professional cancer education: lay and
180 professional.
181 6. Unproven methods of cancer therapy, including: quackery
182 and unorthodox therapies.
183 7. Investigator-initiated project research.
184 (l) In order to implement in whole or in part the Florida
185 Cancer Plan, the council shall recommend to the Board of
186 Governors or the State Surgeon General the awarding of grants
187 and contracts to qualified profit or nonprofit associations or
188 governmental agencies in order to plan, establish, or conduct
189 programs in cancer control or prevention, cancer education and
190 training, and cancer research.
191 (m) If funds are specifically appropriated by the
192 Legislature, the council shall develop or purchase standardized
193 written summaries, written in layperson’s terms and in language
194 easily understood by the average adult patient, informing actual
195 and high-risk breast cancer patients, prostate cancer patients,
196 and men who are considering prostate cancer screening of the
197 medically viable treatment alternatives available to them in the
198 effective management of breast cancer and prostate cancer;
199 describing such treatment alternatives; and explaining the
200 relative advantages, disadvantages, and risks associated
201 therewith. The breast cancer summary, upon its completion, shall
202 be printed in the form of a pamphlet or booklet and made
203 continuously available to physicians and surgeons in this state
204 for their use in accordance with s. 458.324 and to osteopathic
205 physicians in this state for their use in accordance with s.
206 459.0125. The council shall periodically update both summaries
207 to reflect current standards of medical practice in the
208 treatment of breast cancer and prostate cancer. The council
209 shall develop and implement educational programs, including
210 distribution of the summaries developed or purchased under this
211 paragraph, to inform citizen groups, associations, and voluntary
212 organizations about early detection and treatment of breast
213 cancer and prostate cancer.
214 (k)(n) The council shall have the responsibility to advise
215 the Board of Governors and the State Surgeon General on methods
216 of enforcing and implementing laws already enacted and concerned
217 with cancer control, research, and education.
218 (l)(o) The council may recommend to the Board of Governors
219 or the State Surgeon General rules not inconsistent with law as
220 it may deem necessary for the performance of its duties and the
221 proper administration of this section.
222 (m)(p) The council shall formulate and put into effect a
223 continuing educational program for the prevention of cancer and
224 its early diagnosis and disseminate to hospitals, cancer
225 patients, and the public information concerning the proper
226 treatment of cancer.
227 (n)(q) The council shall be physically located at the H.
228 Lee Moffitt Cancer Center and Research Institute, Inc., at the
229 University of South Florida.
230 (o)(r) The council shall select, by majority vote, seven
231 members of the council who, must combine with six members of the
232 Biomedical Research Advisory Council, shall to form a joint
233 committee to develop performance measures, a rating system, a
234 rating standard, and an application form for the Cancer Center
235 of Excellence Award created in s. 381.925.
236 (p)(s) On February 15 of each year, The council shall
237 report to the Governor and to the Legislature on February 15 of
238 each year.
239 (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
240 MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
241 STATE SURGEON GENERAL.—
242 (a) The Board of Governors or the State Surgeon General,
243 after consultation with the council, shall award grants and
244 contracts to qualified nonprofit associations and governmental
245 agencies in order to plan, establish, or conduct programs in
246 cancer control and prevention, cancer education and training,
247 and cancer research.
248 (b) The H. Lee Moffitt Cancer Center and Research
249 Institute, Inc., shall provide such staff, information, and
250 other assistance as reasonably necessary for the completion of
251 the responsibilities of the council.
252 (c) The department may furnish to citizens of this state
253 who are afflicted with cancer financial aid to the extent of the
254 appropriation provided for that purpose in a manner which in its
255 opinion will afford the greatest benefit to those afflicted and
256 may make arrangements with hospitals, laboratories, or clinics
257 to afford proper care and treatment for cancer patients in this
258 state.
259 (6) FLORIDA CANCER CONTROL AND RESEARCH FUND.—
260 (a) There is created the Florida Cancer Control and
261 Research Fund consisting of funds appropriated therefor from the
262 General Revenue Fund and any gifts, grants, or funds received
263 from other sources.
264 (b) The fund shall be used exclusively for grants and
265 contracts to qualified nonprofit associations or governmental
266 agencies for the purpose of cancer control and prevention,
267 cancer education and training, cancer research, and all expenses
268 incurred in connection with the administration of this section
269 and the programs funded through the grants and contracts
270 authorized by the State Board of Education or the State Surgeon
271 General.
272 Section 2. Subsections (1) and (2) of section 458.324,
273 Florida Statutes, are amended to read:
274 458.324 Breast cancer; information on treatment
275 alternatives.—
276 (1) DEFINITION.—As used in this section, the term
277 “medically viable,” as applied to treatment alternatives, means
278 modes of treatment generally considered by the medical
279 profession to be within the scope of current, acceptable
280 standards, including treatment alternatives described in the
281 written summary prepared by the Florida Cancer Control and
282 Research Advisory Council in accordance with s. 1004.435(4)(m).
283 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—
284 (a) Each physician treating a patient who is, or in the
285 judgment of the physician is at high risk of being, diagnosed as
286 having breast cancer shall inform such patient of the medically
287 viable treatment alternatives available to such patient; shall
288 describe such treatment alternatives; and shall explain the
289 relative advantages, disadvantages, and risks associated with
290 the treatment alternatives to the extent deemed necessary to
291 allow the patient to make a prudent decision regarding such
292 treatment options. In compliance with this subsection,:
293 (a) the physician may, in his or her discretion:
294 1. orally communicate such information directly to the
295 patient or the patient’s legal representative;
296 2. Provide the patient or the patient’s legal
297 representative with a copy of the written summary prepared in
298 accordance with s. 1004.435(4)(m) and express a willingness to
299 discuss the summary with the patient or the patient’s legal
300 representative; or
301 3. Both communicate such information directly and provide a
302 copy of the written summary to the patient or the patient’s
303 legal representative for further consideration and possible
304 later discussion.
305 (b) In providing such information, the physician shall
306 consider take into consideration the emotional and physical
307 state of the patient, the physical state of the patient, and the
308 patient’s ability to understand the information.
309 (c) The physician may, in his or her discretion and without
310 restriction, recommend any mode of treatment which is in his or
311 her judgment the best treatment for the patient.
312
313 Nothing in This subsection does not shall reduce other
314 provisions of law regarding informed consent.
315 Section 3. Subsections (1) and (2) of section 459.0125,
316 Florida Statutes, are amended to read:
317 459.0125 Breast cancer; information on treatment
318 alternatives.—
319 (1) DEFINITION.—As used in this section, the term
320 “medically viable,” as applied to treatment alternatives, means
321 modes of treatment generally considered by the medical
322 profession to be within the scope of current, acceptable
323 standards, including treatment alternatives described in the
324 written summary prepared by the Florida Cancer Control and
325 Research Advisory Council in accordance with s. 1004.435(4)(m).
326 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—
327 (a) It is the obligation of every physician treating a
328 patient who is, or in the judgment of the physician is at high
329 risk of being, diagnosed as having breast cancer to inform such
330 patient of the medically viable treatment alternatives available
331 to such patient; to describe such treatment alternatives; and to
332 explain the relative advantages, disadvantages, and risks
333 associated with the treatment alternatives to the extent deemed
334 necessary to allow the patient to make a prudent decision
335 regarding such treatment options. In compliance with this
336 subsection,:
337 (a) the physician may, in her or his discretion:
338 1. orally communicate such information directly to the
339 patient or the patient’s legal representative;
340 2. Provide the patient or the patient’s legal
341 representative with a copy of the written summary prepared in
342 accordance with s. 1004.435(4)(m) and express her or his
343 willingness to discuss the summary with the patient or the
344 patient’s legal representative; or
345 3. Both communicate such information directly and provide a
346 copy of the written summary to the patient or the patient’s
347 legal representative for further consideration and possible
348 later discussion.
349 (b) In providing such information, the physician shall
350 consider take into consideration the emotional and physical
351 state of the patient, the physical state of the patient, and the
352 patient’s ability to understand the information.
353 (c) The physician may, in her or his discretion and without
354 restriction, recommend any mode of treatment which is in the
355 physician’s judgment the best treatment for the patient.
356
357 Nothing in This subsection does not shall reduce other
358 provisions of law regarding informed consent.
359 Section 4. This act shall take effect July 1, 2014.