Florida Senate - 2024                      CS for CS for SB 1582
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Health Policy; and Senator Rodriguez
       
       
       
       
       603-03531-24                                          20241582c2
    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 ss. 383.318, 395.1053, and
   87         456.0496, F.S.; conforming cross-references; requiring
   88         the department to grant certain applicants 90 days to
   89         cure deficiencies with their medical marijuana
   90         treatment center license applications pursuant to a
   91         specified errors and omissions process; requiring the
   92         department to grant such applicants a marijuana
   93         treatment center license if they cure the deficiencies
   94         within the specified timeframe; providing
   95         construction; providing that the death of an applicant
   96         during the cure process may not be a reason to deny
   97         the application or any resulting legal challenge;
   98         requiring the department to issue the license to the
   99         estate of a deceased applicant in the event of a
  100         successful cure or legal challenge; providing
  101         effective dates.
  102          
  103  Be It Enacted by the Legislature of the State of Florida:
  104  
  105         Section 1. Present subsections (5), (6), and (7) of section
  106  381.0101, Florida Statutes, are redesignated as subsections (6),
  107  (7), and (8), respectively, a new subsection (5) is added to
  108  that section, and subsections (1), (2), and (4) and present
  109  subsections (5) and (6) of that section are amended, to read:
  110         381.0101 Environmental health professionals.—
  111         (1) DEFINITIONS.—As used in this section, the term:
  112         (a) “Board” means the Environmental Health Professionals
  113  Advisory Board.
  114         (c)(b) “Department” means the Department of Health.
  115         (d)(c) “Environmental health” means that segment of public
  116  health work which deals with the examination of those factors in
  117  the human environment which may impact adversely on the health
  118  status of an individual or the public.
  119         (e)(d) “Environmental health professional” means a person
  120  who is employed or assigned the responsibility for assessing the
  121  environmental health or sanitary conditions, as defined by the
  122  department, within a building, on an individual’s property, or
  123  within the community at large, and who has the knowledge,
  124  skills, and abilities to carry out these tasks. Environmental
  125  health professionals may be either field, supervisory, or
  126  administrative staff members.
  127         (b)(e) “Certified” means a person who has displayed
  128  competency to perform evaluations of environmental or sanitary
  129  conditions through examination.
  130         (f)“Environmental health technician” means a person who is
  131  employed or assigned the responsibility for conducting septic
  132  inspections under the supervision of a certified environmental
  133  health professional. An environmental health technician must
  134  have completed training approved by the department and have the
  135  knowledge, skills, and abilities to carry out these tasks.
  136         (h)(f) “Registered sanitarian,” “R.S.,” “Registered
  137  Environmental Health Specialist,” or “R.E.H.S.” means a person
  138  who has been certified by either the National Environmental
  139  Health Association or the Florida Environmental Health
  140  Association as knowledgeable in the environmental health
  141  profession.
  142         (g) “Primary environmental health program” means those
  143  programs determined by the department to be essential for
  144  providing basic environmental and sanitary protection to the
  145  public. At a minimum, these programs shall include food
  146  protection program work.
  147         (2) CERTIFICATION; EXEMPTIONS REQUIRED.—A person may not
  148  perform environmental health or sanitary evaluations in any
  149  primary program area of environmental health without being
  150  certified by the department as competent to perform such
  151  evaluations. This section does not apply to any of the
  152  following:
  153         (a) Persons performing inspections of public food service
  154  establishments licensed under chapter 509.; or
  155         (b) Persons performing site evaluations in order to
  156  determine proper placement and installation of onsite wastewater
  157  treatment and disposal systems who have successfully completed a
  158  department-approved soils morphology course and who are working
  159  under the direct responsible charge of an engineer licensed
  160  under chapter 471.
  161         (c)Environmental health technicians employed by a
  162  department as defined in s. 20.03 who are assigned the
  163  responsibility for conducting septic tank inspections under the
  164  supervision of an environmental health professional certified in
  165  onsite sewage treatment and disposal.
  166         (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
  167  rules that establish definitions of terms and minimum standards
  168  of education, training, or experience for those persons subject
  169  to this subsection section. The rules must also address the
  170  process for application, examination, issuance, expiration, and
  171  renewal of certification and ethical standards of practice for
  172  the profession.
  173         (a) Persons employed as environmental health professionals
  174  shall exhibit a knowledge of rules and principles of
  175  environmental and public health law in Florida through
  176  examination. A person may not conduct environmental health
  177  evaluations in a primary program area unless he or she is
  178  currently certified in that program area or works under the
  179  direct supervision of a certified environmental health
  180  professional.
  181         1. All persons who begin employment in a primary
  182  environmental health program on or after September 21, 1994,
  183  must be certified in that program within 6 months after
  184  employment.
  185         2. Persons employed in the primary environmental health
  186  program of a food protection program or an onsite sewage
  187  treatment and disposal system prior to September 21, 1994, shall
  188  be considered certified while employed in that position and
  189  shall be required to adhere to any professional standards
  190  established by the department pursuant to paragraph (b),
  191  complete any continuing education requirements imposed under
  192  paragraph (d), and pay the certificate renewal fee imposed under
  193  subsection (7) (6).
  194         3. Persons employed in the primary environmental health
  195  program of a food protection program or an onsite sewage
  196  treatment and disposal system prior to September 21, 1994, who
  197  change positions or program areas and transfer into another
  198  primary environmental health program area on or after September
  199  21, 1994, must be certified in that program within 6 months
  200  after such transfer, except that they will not be required to
  201  possess the college degree required under paragraph (e).
  202         4. Registered sanitarians shall be considered certified and
  203  shall be required to adhere to any professional standards
  204  established by the department pursuant to paragraph (b).
  205         (b) At a minimum, the department shall establish standards
  206  for professionals in the areas of food hygiene and onsite sewage
  207  treatment and disposal.
  208         (c) Those persons conducting primary environmental health
  209  evaluations shall be certified by examination to be
  210  knowledgeable in any primary area of environmental health in
  211  which they are routinely assigned duties.
  212         (d) Persons who are certified shall renew their
  213  certification biennially by completing not less than 24 contact
  214  hours of continuing education for each program area in which
  215  they maintain certification, subject to a maximum of 48 hours
  216  for multiprogram certification.
  217         (e) Applicants for certification shall have graduated from
  218  an accredited 4-year college or university with a degree or
  219  major coursework in public health, environmental health,
  220  environmental science, or a physical or biological science.
  221         (f) A certificateholder shall notify the department within
  222  60 days after any change of name or address from that which
  223  appears on the current certificate.
  224         (5)STANDARDS FOR ENVIRONMENTAL HEALTH TECHNICIAN
  225  CERTIFICATION.—The department, in conjunction with the
  226  Department of Environmental Protection, shall adopt rules that
  227  establish definitions of terms and minimum standards of
  228  education, training, and experience for those persons subject to
  229  this subsection. The rules must also address the process for
  230  application, examination, issuance, expiration, and renewal of
  231  certification, and ethical standards of practice for the
  232  profession.
  233         (a)At a minimum, the department shall establish standards
  234  for technicians in the areas of onsite sewage treatment and
  235  disposal.
  236         (b)A person conducting septic inspections must be
  237  certified by examination to be knowledgeable in the area of
  238  onsite sewage treatment and disposal.
  239         (c)An applicant for certification as an environmental
  240  health technician must, at a minimum, have received a high
  241  school diploma or its equivalent.
  242         (d)An applicant for certification as an environmental
  243  health technician must be employed by a department as defined in
  244  s. 20.30.
  245         (e)An applicant for certification as an environmental
  246  health technician must complete supervised field inspection work
  247  as prescribed by department rule before examination.
  248         (f)A certified environmental health technician must renew
  249  his or her certification biennially by completing at least 24
  250  contact hours of continuing education for each program area in
  251  which he or she maintains certification, subject to a maximum of
  252  48 hours for multiprogram certification.
  253         (g)A certified environmental health technician shall
  254  notify the department within 60 days after any change of name or
  255  address from that which appears on the current certificate.
  256         (6)(5) EXEMPTIONS.—A person who conducts primary
  257  environmental evaluation activities and maintains a current
  258  registration or certification from another state agency which
  259  examined the person’s knowledge of the primary program area and
  260  requires comparable continuing education to maintain the
  261  certificate shall not be required to be certified by this
  262  section. Examples of persons not subject to certification are
  263  physicians, registered dietitians, certified laboratory
  264  personnel, and nurses.
  265         (7)(6) FEES.—The department shall charge fees in amounts
  266  necessary to meet the cost of providing environmental health
  267  professional certification. Fees for certification shall be not
  268  less than $10 or more than $300 and shall be set by rule.
  269  Application, examination, and certification costs shall be
  270  included in this fee. Fees for renewal of a certificate shall be
  271  no less than $25 nor more than $150 per biennium.
  272         Section 2. Section 381.991, Florida Statutes, is created to
  273  read:
  274         381.991 Andrew John Anderson Pediatric Rare Disease Grant
  275  Program.—
  276         (1)(a)There is created within the Department of Health the
  277  Andrew John Anderson Pediatric Rare Disease Grant Program. The
  278  purpose of the program is to advance the progress of research
  279  and cures for pediatric rare diseases by awarding grants through
  280  a competitive, peer-reviewed process.
  281         (b)Subject to an annual appropriation by the Legislature,
  282  the program shall award grants for scientific and clinical
  283  research to further the search for new diagnostics, treatments,
  284  and cures for pediatric rare diseases.
  285         (2)(a)Applications for grants for pediatric rare disease
  286  research may be submitted by any university or established
  287  research institute in the state. All qualified investigators in
  288  the state, regardless of institutional affiliation, shall have
  289  equal access and opportunity to compete for the research
  290  funding. Preference may be given to grant proposals that foster
  291  collaboration among institutions, researchers, and community
  292  practitioners, as such proposals support the advancement of
  293  treatments and cures of pediatric rare diseases through basic or
  294  applied research. Grants shall be awarded by the department,
  295  after consultation with the Rare Disease Advisory Council,
  296  pursuant to s. 381.99, on the basis of scientific merit, as
  297  determined by the competitive, peer-reviewed process to ensure
  298  objectivity, consistency, and high quality. The following types
  299  of applications may be considered for funding:
  300         1.Investigator-initiated research grants.
  301         2.Institutional research grants.
  302         3.Collaborative research grants, including those that
  303  advance the finding of treatment and cures through basic or
  304  applied research.
  305         (b)To ensure appropriate and fair evaluation of grant
  306  applications based on scientific merit, the department shall
  307  appoint peer review panels of independent, scientifically
  308  qualified individuals to review the scientific merit of each
  309  proposal and establish its priority score. The priority scores
  310  shall be forwarded to the council and must be considered in
  311  determining which proposals shall be recommended for funding.
  312         (c)The council and the peer review panels shall establish
  313  and follow rigorous guidelines for ethical conduct and adhere to
  314  a strict policy with regard to conflicts of interest. A member
  315  of the council or panel may not participate in any discussion or
  316  decision of the council or panel with respect to a research
  317  proposal by any firm, entity, or agency that the member is
  318  associated with as a member of the governing body or as an
  319  employee or with which the member has entered into a contractual
  320  arrangement.
  321         (d)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  322  the balance of any appropriation from the General Revenue Fund
  323  for the Andrew John Anderson Pediatric Rare Disease Grant
  324  Program that is not disbursed but that is obligated pursuant to
  325  contract or committed to be expended by June 30 of the fiscal
  326  year in which the funds are appropriated may be carried forward
  327  for up to 5 years after the effective date of the original
  328  appropriation.
  329         Section 3. Present subsection (5) of section 383.14,
  330  Florida Statutes, is redesignated as subsection (6), a new
  331  subsection (5) is added to that section, and subsections (1),
  332  (2), and (3) of that section are amended, to read:
  333         383.14 Screening for metabolic disorders, other hereditary
  334  and congenital disorders, and environmental risk factors.—
  335         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  336  maternal and child health care system, the Department of Health
  337  shall promote the screening of all newborns born in Florida for
  338  metabolic, hereditary, and congenital disorders known to result
  339  in significant impairment of health or intellect, as screening
  340  programs accepted by current medical practice become available
  341  and practical in the judgment of the department. Any health care
  342  practitioner present at a birth or responsible for primary care
  343  during the neonatal period has the primary responsibility of
  344  administering screenings as required in ss. 383.14 and 383.145.
  345  As used in this subsection, the term “health care practitioner”
  346  means a physician or physician assistant licensed under chapter
  347  458, an osteopathic physician or physician assistant licensed
  348  under chapter 459, an advanced practice registered nurse
  349  licensed under part I of chapter 464, or a midwife licensed
  350  under chapter 467 The department shall also promote the
  351  identification and screening of all newborns in this state and
  352  their families for environmental risk factors such as low
  353  income, poor education, maternal and family stress, emotional
  354  instability, substance abuse, and other high-risk conditions
  355  associated with increased risk of infant mortality and morbidity
  356  to provide early intervention, remediation, and prevention
  357  services, including, but not limited to, parent support and
  358  training programs, home visitation, and case management.
  359  Identification, perinatal screening, and intervention efforts
  360  shall begin prior to and immediately following the birth of the
  361  child by the attending health care provider. Such efforts shall
  362  be conducted in hospitals, perinatal centers, county health
  363  departments, school health programs that provide prenatal care,
  364  and birthing centers, and reported to the Office of Vital
  365  Statistics.
  366         (a) Prenatal screening.The department shall develop a
  367  multilevel screening process that includes a risk assessment
  368  instrument to identify women at risk for a preterm birth or
  369  other high-risk condition. The primary health care provider
  370  shall complete the risk assessment instrument and report the
  371  results to the Office of Vital Statistics so that the woman may
  372  immediately be notified and referred to appropriate health,
  373  education, and social services.
  374         (b) Postnatal screening.A risk factor analysis using the
  375  department’s designated risk assessment instrument shall also be
  376  conducted as part of the medical screening process upon the
  377  birth of a child and submitted to the department’s Office of
  378  Vital Statistics for recording and other purposes provided for
  379  in this chapter. The department’s screening process for risk
  380  assessment shall include a scoring mechanism and procedures that
  381  establish thresholds for notification, further assessment,
  382  referral, and eligibility for services by professionals or
  383  paraprofessionals consistent with the level of risk. Procedures
  384  for developing and using the screening instrument, notification,
  385  referral, and care coordination services, reporting
  386  requirements, management information, and maintenance of a
  387  computer-driven registry in the Office of Vital Statistics which
  388  ensures privacy safeguards must be consistent with the
  389  provisions and plans established under chapter 411, Pub. L. No.
  390  99-457, and this chapter. Procedures established for reporting
  391  information and maintaining a confidential registry must include
  392  a mechanism for a centralized information depository at the
  393  state and county levels. The department shall coordinate with
  394  existing risk assessment systems and information registries. The
  395  department must ensure, to the maximum extent possible, that the
  396  screening information registry is integrated with the
  397  department’s automated data systems, including the Florida On
  398  line Recipient Integrated Data Access (FLORIDA) system.
  399         (a)Blood specimens for newborn screenings.Newborn Tests
  400  and screenings must be performed by the State Public Health
  401  Laboratory, in coordination with Children’s Medical Services, at
  402  such times and in such manner as is prescribed by the department
  403  after consultation with the Genetics and Newborn Screening
  404  Advisory Council and the Department of Education.
  405         (b)(c)Release of screening results.—Notwithstanding any
  406  law to the contrary, the State Public Health Laboratory may
  407  release, directly or through the Children’s Medical Services
  408  program, the results of a newborn’s hearing and metabolic tests
  409  or screenings to the newborn’s health care practitioner, the
  410  newborn’s parent or legal guardian, the newborn’s personal
  411  representative, or a person designated by the newborn’s parent
  412  or legal guardian. As used in this paragraph, the term “health
  413  care practitioner” means a physician or physician assistant
  414  licensed under chapter 458; an osteopathic physician or
  415  physician assistant licensed under chapter 459; an advanced
  416  practice registered nurse, registered nurse, or licensed
  417  practical nurse licensed under part I of chapter 464; a midwife
  418  licensed under chapter 467; a speech-language pathologist or
  419  audiologist licensed under part I of chapter 468; or a dietician
  420  or nutritionist licensed under part X of chapter 468; or a
  421  genetic counselor licensed under part III of chapter 483.
  422         (2) RULES.—
  423         (a) After consultation with the Genetics and Newborn
  424  Screening Advisory Council, the department shall adopt and
  425  enforce rules requiring that every newborn in this state shall:
  426         1. Before becoming 1 week of age, have a blood specimen
  427  collected for newborn screenings be subjected to a test for
  428  phenylketonuria;
  429         2. Be tested for any condition included on the federal
  430  Recommended Uniform Screening Panel which the council advises
  431  the department should be included under the state’s screening
  432  program. After the council recommends that a condition be
  433  included, the department shall submit a legislative budget
  434  request to seek an appropriation to add testing of the condition
  435  to the newborn screening program. The department shall expand
  436  statewide screening of newborns to include screening for such
  437  conditions within 18 months after the council renders such
  438  advice, if a test approved by the United States Food and Drug
  439  Administration or a test offered by an alternative vendor is
  440  available. If such a test is not available within 18 months
  441  after the council makes its recommendation, the department shall
  442  implement such screening as soon as a test offered by the United
  443  States Food and Drug Administration or by an alternative vendor
  444  is available; and
  445         3. At the appropriate age, be tested for such other
  446  metabolic diseases and hereditary or congenital disorders as the
  447  department may deem necessary from time to time.
  448         (b) After consultation with the Department of Education,
  449  the department shall adopt and enforce rules requiring every
  450  newborn in this state to be screened for environmental risk
  451  factors that place children and their families at risk for
  452  increased morbidity, mortality, and other negative outcomes.
  453         (b)(c) The department shall adopt such additional rules as
  454  are found necessary for the administration of this section and
  455  ss. 383.145 and 383.148 s. 383.145, including rules providing
  456  definitions of terms, rules relating to the methods used and
  457  time or times for testing as accepted medical practice
  458  indicates, rules relating to charging and collecting fees for
  459  the administration of the newborn screening program authorized
  460  by this section, rules for processing requests and releasing
  461  test and screening results, and rules requiring mandatory
  462  reporting of the results of tests and screenings for these
  463  conditions to the department.
  464         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  465  shall administer and provide certain services to implement the
  466  provisions of this section and shall:
  467         (a) Assure the availability and quality of the necessary
  468  laboratory tests and materials.
  469         (b) Furnish all physicians, county health departments,
  470  perinatal centers, birthing centers, and hospitals forms on
  471  which environmental screening and the results of tests for
  472  phenylketonuria and such other disorders for which testing may
  473  be required from time to time shall be reported to the
  474  department.
  475         (c) Promote education of the public about the prevention
  476  and management of metabolic, hereditary, and congenital
  477  disorders and dangers associated with environmental risk
  478  factors.
  479         (c)(d) Maintain a confidential registry of cases, including
  480  information of importance for the purpose of follow-up followup
  481  services to prevent intellectual disabilities, to correct or
  482  ameliorate physical disabilities, and for epidemiologic studies,
  483  if indicated. Such registry shall be exempt from the provisions
  484  of s. 119.07(1).
  485         (d)(e) Supply the necessary dietary treatment products
  486  where practicable for diagnosed cases of phenylketonuria and
  487  other metabolic diseases for as long as medically indicated when
  488  the products are not otherwise available. Provide nutrition
  489  education and supplemental foods to those families eligible for
  490  the Special Supplemental Nutrition Program for Women, Infants,
  491  and Children as provided in s. 383.011.
  492         (e)(f) Promote the availability of genetic studies,
  493  services, and counseling in order that the parents, siblings,
  494  and affected newborns may benefit from detection and available
  495  knowledge of the condition.
  496         (f)(g) Have the authority to charge and collect fees for
  497  the administration of the newborn screening program. authorized
  498  in this section, as follows:
  499         1. A fee not to exceed $15 will be charged for each live
  500  birth, as recorded by the Office of Vital Statistics, occurring
  501  in a hospital licensed under part I of chapter 395 or a birth
  502  center licensed under s. 383.305 per year. The department shall
  503  calculate the annual assessment for each hospital and birth
  504  center, and this assessment must be paid in equal amounts
  505  quarterly. Quarterly, The department shall generate and issue
  506  mail to each hospital and birth center a statement of the amount
  507  due.
  508         2. As part of the department’s legislative budget request
  509  prepared pursuant to chapter 216, the department shall submit a
  510  certification by the department’s inspector general, or the
  511  director of auditing within the inspector general’s office, of
  512  the annual costs of the uniform testing and reporting procedures
  513  of the newborn screening program. In certifying the annual
  514  costs, the department’s inspector general or the director of
  515  auditing within the inspector general’s office shall calculate
  516  the direct costs of the uniform testing and reporting
  517  procedures, including applicable administrative costs.
  518  Administrative costs shall be limited to those department costs
  519  which are reasonably and directly associated with the
  520  administration of the uniform testing and reporting procedures
  521  of the newborn screening program.
  522         (g)(h) Have the authority to bill third-party payors for
  523  newborn screening tests.
  524         (h)(i) Create and make available electronically a pamphlet
  525  with information on screening for, and the treatment of,
  526  preventable infant and childhood eye and vision disorders,
  527  including, but not limited to, retinoblastoma and amblyopia.
  528  
  529  All provisions of this subsection must be coordinated with the
  530  provisions and plans established under this chapter, chapter
  531  411, and Pub. L. No. 99-457.
  532         (5)SUBMISSION OF NEWBORN SCREENING SPECIMEN CARDS.—Any
  533  health care practitioner whose duty it is to administer
  534  screenings under this section shall prepare and send all newborn
  535  screening specimen cards to the State Public Health Laboratory
  536  in accordance with rules adopted under this section. As used in
  537  this subsection, the term “health care practitioner” means a
  538  physician or physician assistant licensed under chapter 458, an
  539  osteopathic physician or physician assistant licensed under
  540  chapter 459, an advanced practice registered nurse licensed
  541  under part I of chapter 464, or a midwife licensed under chapter
  542  467.
  543         Section 4. Paragraph (k) is added to subsection (2) of
  544  Section 383.145, Florida Statutes, and subsection (3) of that
  545  section is amended, to read:
  546         383.145 Newborn, and infant, and toddler hearing
  547  screening.—
  548         (2) DEFINITIONS.—As used in this section, the term:
  549         (k)“Toddler” means a child from 12 months to 36 months of
  550  age.
  551         (3) REQUIREMENTS FOR SCREENING OF NEWBORNS, INFANTS, AND
  552  TODDLERS; INSURANCE COVERAGE; REFERRAL FOR ONGOING SERVICES.—
  553         (a) Each hospital or other state-licensed birth birthing
  554  facility that provides maternity and newborn care services shall
  555  ensure that all newborns are, before discharge, screened for the
  556  detection of hearing loss to prevent the consequences of
  557  unidentified disorders. If a newborn fails the screening for the
  558  detection of hearing loss, the hospital or other state-licensed
  559  birth birthing facility must administer a test approved by the
  560  United States Food and Drug Administration or another
  561  diagnostically equivalent test on the newborn to screen for
  562  congenital cytomegalovirus before the newborn becomes 21 days of
  563  age or before discharge, whichever occurs earlier.
  564         (b) Each licensed birth center that provides maternity and
  565  newborn care services shall ensure that all newborns are, before
  566  discharge, screened for the detection of hearing loss. Within 7
  567  days after the birth, the licensed birth center must ensure that
  568  all newborns who do not pass the hearing screening are referred
  569  for to an appointment audiologist, a hospital, or another
  570  newborn hearing screening provider for a test to screen for
  571  congenital cytomegalovirus before the newborn becomes 21 days of
  572  age screening for the detection of hearing loss to prevent the
  573  consequences of unidentified disorders. The referral for
  574  appointment must be made within 7 days after discharge. Written
  575  documentation of the referral must be placed in the newborn’s
  576  medical chart.
  577         (c) If the parent or legal guardian of the newborn objects
  578  to the screening, the screening must not be completed. In such
  579  case, the physician, midwife, or other person attending the
  580  newborn shall maintain a record that the screening has not been
  581  performed and attach a written objection that must be signed by
  582  the parent or guardian.
  583         (d) For home births, the health care provider in attendance
  584  is responsible for coordination and referral to an audiologist,
  585  a hospital, or another newborn hearing screening provider. The
  586  health care provider in attendance must make the referral for
  587  appointment within 7 days after the birth. In cases in which the
  588  home birth is not attended by a health care provider, the
  589  newborn’s primary health care provider is responsible for
  590  coordinating the referral.
  591         (e) For home births and births in a licensed birth center,
  592  if a newborn is referred to a newborn hearing screening provider
  593  and the newborn fails the screening for the detection of hearing
  594  loss, the newborn’s primary health care provider must refer the
  595  newborn for administration of a test approved by the United
  596  States Food and Drug Administration or another diagnostically
  597  equivalent test on the newborn to screen for congenital
  598  cytomegalovirus before the newborn becomes 21 days of age.
  599         (f) All newborn and infant hearing screenings must be
  600  conducted by an audiologist, a physician, or an appropriately
  601  supervised individual who has completed documented training
  602  specifically for newborn hearing screening. Every hospital that
  603  provides maternity or newborn care services shall obtain the
  604  services of an audiologist, a physician, or another newborn
  605  hearing screening provider, through employment or contract or
  606  written memorandum of understanding, for the purposes of
  607  appropriate staff training, screening program supervision,
  608  monitoring the scoring and interpretation of test results,
  609  rendering of appropriate recommendations, and coordination of
  610  appropriate follow-up services. Appropriate documentation of the
  611  screening completion, results, interpretation, and
  612  recommendations must be placed in the medical record within 24
  613  hours after completion of the screening procedure.
  614         (g) The screening of a newborn’s hearing must be completed
  615  before the newborn is discharged from the hospital or licensed
  616  birth center. However, if the screening is not completed before
  617  discharge due to scheduling or temporary staffing limitations,
  618  the screening must be completed within 21 days after the birth.
  619  Screenings completed after discharge or performed because of
  620  initial screening failure must be completed by an audiologist, a
  621  physician, a hospital, or another newborn hearing screening
  622  provider.
  623         (h) Each hospital shall formally designate a lead physician
  624  responsible for programmatic oversight for newborn hearing
  625  screening. Each birth center shall designate a licensed health
  626  care provider to provide such programmatic oversight and to
  627  ensure that the appropriate referrals are being completed.
  628         (i) When ordered by the treating physician, screening of a
  629  newborn’s, infant’s, or toddler’s hearing must include auditory
  630  brainstem responses, or evoked otoacoustic emissions, or
  631  appropriate technology as approved by the United States Food and
  632  Drug Administration.
  633         (j) The results of any test conducted pursuant to this
  634  section, including, but not limited to, newborn hearing loss
  635  screening, congenital cytomegalovirus testing, and any related
  636  diagnostic testing, must be reported to the department within 7
  637  days after receipt of such results.
  638         (k) The initial procedure for screening the hearing of the
  639  newborn or infant and any medically necessary follow-up
  640  reevaluations leading to diagnosis shall be a covered benefit
  641  for Medicaid patients covered by a fee-for-service program. For
  642  Medicaid patients enrolled in HMOs, providers shall be
  643  reimbursed directly by the Medicaid Program Office at the
  644  Medicaid rate. This service may not be considered a covered
  645  service for the purposes of establishing the payment rate for
  646  Medicaid HMOs. All health insurance policies and health
  647  maintenance organizations as provided under ss. 627.6416,
  648  627.6579, and 641.31(30), except for supplemental policies that
  649  only provide coverage for specific diseases, hospital indemnity,
  650  or Medicare supplement, or to the supplemental policies, shall
  651  compensate providers for the covered benefit at the contracted
  652  rate. Nonhospital-based providers are eligible to bill Medicaid
  653  for the professional and technical component of each procedure
  654  code.
  655         (l) A child who is diagnosed as having permanent hearing
  656  loss must be referred to the primary care physician for medical
  657  management, treatment, and follow-up services. Furthermore, in
  658  accordance with Part C of the Individuals with Disabilities
  659  Education Act, Pub. L. No. 108-446, Infants and Toddlers with
  660  Disabilities, any child from birth to 36 months of age who is
  661  diagnosed as having hearing loss that requires ongoing special
  662  hearing services must be referred to the Children’s Medical
  663  Services Early Intervention Program serving the geographical
  664  area in which the child resides.
  665         Section 5. Section 383.147, Florida Statutes, is amended to
  666  read:
  667         383.147 Newborn and infant screenings for Sickle cell
  668  disease and sickle cell trait hemoglobin variants; registry.—
  669         (1) If a screening provider detects that a newborn as or an
  670  infant, as those terms are defined in s. 383.145(2), is
  671  identified as having sickle cell disease or carrying a sickle
  672  cell trait through the newborn screening program as described in
  673  s. 383.14, the department hemoglobin variant, it must:
  674         (a) Notify the parent or guardian of the newborn and
  675  provide information regarding the availability and benefits of
  676  genetic counseling. primary care physician of the newborn or
  677  infant and
  678         (b) Submit the results of such screening to the Department
  679  of Health for inclusion in the sickle cell registry established
  680  under paragraph (2)(a), unless the parent or guardian of the
  681  newborn provides an opt-out form obtained from the department,
  682  or otherwise indicates in writing to the department his or her
  683  objection to having the newborn included in the sickle cell
  684  registry. The primary care physician must provide to the parent
  685  or guardian of the newborn or infant information regarding the
  686  availability and benefits of genetic counseling.
  687         (2)(a) The Department of Health shall contract with a
  688  community-based sickle cell disease medical treatment and
  689  research center to establish and maintain a registry for
  690  individuals newborns and infants who are identified as having
  691  sickle cell disease or carrying a sickle cell trait hemoglobin
  692  variant. The sickle cell registry must track sickle cell disease
  693  outcome measures, except as provided in paragraph (1)(b). A
  694  parent or guardian of a newborn or an infant in the registry may
  695  request to have his or her child removed from the registry by
  696  submitting a form prescribed by the department by rule.
  697         (b) In addition to newborns identified and included in the
  698  registry under subsection (1), persons living in this state who
  699  have been identified as having sickle cell disease or carrying a
  700  sickle cell trait may choose to be included in the registry by
  701  providing the department with notification as prescribed by
  702  rule.
  703         (c) The Department of Health shall also establish a system
  704  to ensure that the community-based sickle cell disease medical
  705  treatment and research center notifies the parent or guardian of
  706  a child who has been included in the registry that a follow-up
  707  consultation with a physician is recommended. Such notice must
  708  be provided to the parent or guardian of such child at least
  709  once during early adolescence and once during late adolescence.
  710  The department shall make every reasonable effort to notify
  711  persons included in the registry who are 18 years of age that
  712  they may request to be removed from the registry by submitting a
  713  form prescribed by the department by rule. The department shall
  714  also provide to such persons information regarding available
  715  educational services, genetic counseling, and other beneficial
  716  resources.
  717         (3) The Department of Health shall adopt rules to implement
  718  this section.
  719         Section 6. Section 383.148, Florida Statutes, is created to
  720  read:
  721         383.148ENVIRONMENTAL RISK SCREENING.—
  722         (1)RISK SCREENING.—To help ensure access to the maternal
  723  and child health care system, the Department of Health shall
  724  promote the screening of all pregnant women and infants in this
  725  state for environmental risk factors, such as low income, poor
  726  education, maternal and family stress, mental health, substance
  727  use disorder, and other high-risk conditions, and promote
  728  education of the public about the dangers associated with
  729  environmental risk factors.
  730         (2)PRENATAL RISK SCREENING REQUIREMENTS.—The department
  731  shall develop a multilevel screening process that includes a
  732  risk assessment instrument to identify women at risk for a
  733  preterm birth or other high-risk condition.
  734         (a)A primary health care provider must complete the risk
  735  screening at a pregnant woman’s first prenatal visit using the
  736  form and in the manner prescribed by rules adopted under this
  737  section, so that the woman may immediately be notified and
  738  referred to appropriate health, education, and social services.
  739         (b)This subsection does not apply if the pregnant woman
  740  objects to the screening in a manner prescribed by department
  741  rule.
  742         (3)POSTNATAL RISK SCREENING REQUIREMENTS.—The department
  743  shall develop a multilevel screening process that includes a
  744  risk assessment instrument to identify factors associated with
  745  increased risk of infant mortality and morbidity to provide
  746  early intervention, remediation, and prevention services,
  747  including, but not limited to, parent support and training
  748  programs, home visitation, and case management.
  749         (a)A hospital or birth center must complete the risk
  750  screening immediately following the birth of the infant, before
  751  discharge from the hospital or birth center, using the form and
  752  in the manner prescribed by rules adopted under this section.
  753         (b)This subsection does not apply if a parent or guardian
  754  of the newborn objects to the screening in a manner prescribed
  755  by department rule.
  756         Section 7. Paragraph (i) of subsection (3) of section
  757  383.318, Florida Statutes, is amended to read:
  758         383.318 Postpartum care for birth center clients and
  759  infants.—
  760         (3) The birth center shall provide a postpartum evaluation
  761  and followup care that includes all of the following:
  762         (i) Provision of the informational pamphlet on infant and
  763  childhood eye and vision disorders created by the department
  764  pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  765         Section 8. Section 395.1053, Florida Statutes, is amended
  766  to read:
  767         395.1053 Postpartum education.—A hospital that provides
  768  birthing services shall incorporate information on safe sleep
  769  practices and the possible causes of Sudden Unexpected Infant
  770  Death into the hospital’s postpartum instruction on the care of
  771  newborns and provide to each parent the informational pamphlet
  772  on infant and childhood eye and vision disorders created by the
  773  department pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  774         Section 9. Section 456.0496, Florida Statutes, is amended
  775  to read:
  776         456.0496 Provision of information on eye and vision
  777  disorders to parents during planned out-of-hospital births.—A
  778  health care practitioner who attends an out-of-hospital birth
  779  must ensure that the informational pamphlet on infant and
  780  childhood eye and vision disorders created by the department
  781  pursuant to s. 383.14(3)(h) s. 383.14(3)(i) is provided to each
  782  parent after such a birth.
  783         Section 10. (1)Effective upon this act becoming a law and
  784  notwithstanding any provision of s. 381.986(8)(a)2.b., Florida
  785  Statutes, to the contrary, the Department of Health must grant
  786  an applicant 90 days to cure, pursuant to the errors and
  787  omissions process established in department Form DH8035-OMMU
  788  10/2021 as incorporated by the department in rule 64ER21-16,
  789  Florida Administrative Code, any remaining deficiencies cited by
  790  the department regarding the application if the applicant:
  791         (a)Applied for a medical marijuana treatment center
  792  license during the application window created by the department
  793  to accept applications for licensure pursuant to s.
  794  381.986(8)(a)2.b., Florida Statutes; and
  795         (b)Has not been awarded a license, either from the initial
  796  application process or through the cure process established in
  797  section 2 of chapter 2023-292, Laws of Florida.
  798         (2)If the applicant cures the deficiencies within the 90
  799  day timeframe, the department must issue a medical marijuana
  800  treatment center license to the applicant.
  801         (3)For purposes of the cure process detailed in
  802  subsections (1) and (2), the department must consider all
  803  deficiencies with an applicant’s application to be cured if the
  804  sole remaining deficiency cited is a failure to meet the
  805  requirement in s. 381.986(8)(b)1., Florida Statutes.
  806         (4)If an applicant who was alive as of February 1, 2024,
  807  dies before the completion of the cure process detailed in
  808  subsections (1) and (2), the death of the applicant may not be a
  809  reason to deny the application during the cure process or any
  810  resulting legal challenges. In such case, and in the event of a
  811  successful cure or challenge, the department must issue the
  812  license to the estate of the applicant.
  813         Section 11. Except as otherwise expressly provided in this
  814  act and except for this section, which shall take effect upon
  815  this act becoming a law, this act shall take effect July 1,
  816  2024.