House Bill 1213c1

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    Florida House of Representatives - 1998             CS/HB 1213

        By the Committee on Health Care Services and
    Representatives Murman, Fasano and Bronson





  1                      A bill to be entitled

  2         An act relating to health care; establishing

  3         the Prostate Cancer Task Force; providing for

  4         representation on the task force; providing

  5         responsibilities; requiring a report to the

  6         Governor and the Legislature; providing for

  7         future repeal; amending s. 240.5121, F.S.;

  8         increasing membership of the Florida Cancer

  9         Control and Research Advisory Council;

10         requiring the council to purchase or develop a

11         written summary of cancer treatment

12         alternatives for prostate cancer; providing

13         appropriations for developing or purchasing and

14         for distributing bilingual pamphlets, and for

15         developing and implementing education programs,

16         on prostate cancer and breast cancer; providing

17         an effective date.

18

19         WHEREAS, the Legislature finds that prostate cancer

20  accounts for 32 percent of all cancer cases in males, and 14

21  percent of all cancer deaths in males, and

22         WHEREAS, the Legislature also finds that an estimated

23  21,538 men in this state will have developed prostate cancer

24  in 1995 and that prostate cancer is the most common form of

25  cancer for men in Florida and that prostate cancer will have

26  accounted for 14 percent of all cancer related deaths in males

27  in 1995, and

28         WHEREAS, the Legislature finds that for men diagnosed

29  with prostate cancer between 1986-1993 early detection

30  resulted in significant improvement of survival rates, and

31

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    Florida House of Representatives - 1998             CS/HB 1213

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  1  that the key to treatment of prostate cancer is the early

  2  detection of its existence, and

  3         WHEREAS, through the establishment of a state task

  4  force on prostate cancer, the Legislature intends to decrease

  5  the number of deaths due to prostate cancer by increasing

  6  public awareness of prostate cancer and by increasing, through

  7  public education, the percentage of men who seek examinations

  8  by physicians, and obtain prostate-specific antigen blood

  9  tests, and by increasing research and coordination at Florida

10  institutions studying the causes, methods of prevention, and

11  treatment of prostate cancer with private, state, and federal

12  dollars, NOW, THEREFORE,

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Prostate Cancer Task Force.--

17         (1)  There is created within the H. Lee Moffitt Cancer

18  Center and Research Institute at the University of South

19  Florida, the Prostate Cancer Task Force to identify where

20  public awareness, public education, research, and coordination

21  about prostate cancer are lacking and to prepare

22  recommendations to increase research on prostate cancer and

23  the public's awareness of the importance of the early

24  detection and treatment of prostate cancer.

25         (2)  The task force is composed of 17 members to be

26  appointed by July 15, 1998.  The Governor shall appoint one

27  representative of the University of Miami School of Medicine,

28  one representative of the public who is a consumer advocate

29  and who has been diagnosed with prostate cancer, one

30  representative of the Florida Cancer Control and Research

31  Advisory Council, one representative of the H. Lee Moffitt

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    Florida House of Representatives - 1998             CS/HB 1213

    169-411A-98






  1  Cancer Center and Research Institute, one representative from

  2  a statutory teaching hospital affiliated with a

  3  community-based cancer center, the Secretary of Health or a

  4  designee, and the Insurance Commissioner or a designee.  At

  5  least two members appointed by the Governor shall be members

  6  of an ethnic or racial minority group.  The President of the

  7  Senate shall appoint one representative of a business that has

  8  fewer than 100 employees, one representative of the University

  9  of Florida College of Medicine, one representative of the

10  American Cancer Society, one representative of the public who

11  is a consumer advocate and who has been diagnosed with

12  prostate cancer, and one representative of a health

13  maintenance organization.  At least one member appointed by

14  the President of the Senate shall be a member of an ethnic or

15  racial minority group.  The Speaker of the House of

16  Representatives shall appoint one representative of a business

17  that has more than 300 employees, one representative of the

18  University of South Florida College of Medicine, one

19  representative of the Association of Community Cancer Centers,

20  one representative of the public who is a consumer advocate,

21  and one representative of the insurance industry.  At least

22  one member appointed by the Speaker of the House of

23  Representatives shall be a member of an ethnic or racial

24  minority group.

25         (3)  The task force shall exist for 2 years and shall

26  meet as often as necessary to carry out its duties and

27  responsibilities.  Within existing resources, the H. Lee

28  Moffitt Cancer Center and Research Institute shall provide

29  support services to the task force.

30         (4)  The members of the task force shall serve without

31  compensation.

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    Florida House of Representatives - 1998             CS/HB 1213

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  1         (5)  The task force may obtain information and

  2  assistance from any state agency.  All state agencies must

  3  give the task force all relevant information and reasonable

  4  assistance on matters related to prostate cancer.

  5         (6)  The task force shall collect research and

  6  information on prostate cancer and shall prepare

  7  recommendations for reducing the incidence and the number of

  8  deaths related to prostate cancer in this state, in a report

  9  submitted to the Governor and the Legislature by January 15,

10  2000.  The task force must review and report on:

11         (a)  The Florida Insurance Code as it relates to

12  coverage for prostate cancer screening and treatment options.

13  The task force shall include in its report recommended changes

14  to the Florida Insurance Code, including specific statutory

15  language, if the task force determines such changes are

16  necessary to ensure that policyholders have coverage for

17  appropriate and necessary prostate cancer prevention,

18  screening, and treatment.  If any legislative changes are

19  recommended which would mandate a health coverage or the

20  offering of a health coverage, the task force must assess the

21  impact of the proposal as specified in s. 624.215, Florida

22  Statutes.

23         (b)  Approaches to be used by state and local

24  governments to increase public awareness of prostate cancer.

25         (c)  Approaches to improving coordination of agencies

26  and institutions involved in research and treatment of

27  prostate cancer.

28         (d)  A plan for reducing the number of deaths related

29  to prostate cancer in this state, including:

30

31

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    Florida House of Representatives - 1998             CS/HB 1213

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  1         1.  The best methods to ensure that the percentage of

  2  men in this state who receive the prostate-specific antigen

  3  blood test increases.

  4         2.  The best methods to ensure that the percentage of

  5  men in this state who seek examinations from physicians

  6  increases.

  7         (e)  A plan for increasing research and appropriate

  8  funding at Florida institutions studying cancer.

  9         (f)  A program to monitor the implementation and

10  effectiveness of task force recommendations.

11         (7)  This section is repealed effective July 1, 2000.

12         Section 2.  Paragraphs (a) and (m) of subsection (4) of

13  section 240.5121, Florida Statutes, are amended to read:

14         240.5121  Cancer control and research.--

15         (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY

16  COUNCIL; CREATION; COMPOSITION.--

17         (a)  There is created within the H. Lee Moffitt Cancer

18  Center and Research Institute, Inc., the Florida Cancer

19  Control and Research Advisory Council.  The council shall

20  consist of 35 32 members, which includes the chairperson, all

21  of whom must be residents of this state.  All members, except

22  those appointed by the Speaker of the House of Representatives

23  and the President of the Senate, must be appointed by the

24  Governor.  At least one of the members appointed by the

25  Governor must be 60 years of age or older.  One member must be

26  a representative of the American Cancer Society; one member

27  must be a representative of the Florida Tumor Registrars

28  Association; one member must be a representative of the

29  Sylvester Comprehensive Cancer Center of the University of

30  Miami; one member must be a representative of the Department

31  of Health and Rehabilitative Services; one member must be a

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    Florida House of Representatives - 1998             CS/HB 1213

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  1  representative of the University of Florida Shands Cancer

  2  Center; one member must be a representative of the Agency for

  3  Health Care Administration; one member must be a

  4  representative of the Florida Nurses Association; one member

  5  must be a representative of the Florida Osteopathic Medical

  6  Association; one member must be a representative of the

  7  American College of Surgeons; one member must be a

  8  representative of the School of Medicine of the University of

  9  Miami; one member must be a representative of the College of

10  Medicine of the University of Florida; one member must be a

11  representative of Southeastern College of Osteopathic

12  Medicine; one member must be a representative of the College

13  of Medicine of the University of South Florida; one member

14  must be a representative of the College of Public Health of

15  the University of South Florida; one member must be a

16  representative of the Florida Society of Clinical Oncology;

17  one member must be a representative of the Florida Obstetric

18  and Gynecologic Society who has had training in the specialty

19  of gynecologic oncology; one member must be a representative

20  of the Florida Medical Association; one member must be a

21  member of the Florida Pediatric Society; one member must be a

22  representative of the Florida Radiological Society; one member

23  must be a representative of the Florida Society of

24  Pathologists; one member must be a representative of the H.

25  Lee Moffitt Cancer Center and Research Institute, Inc.; three

26  members must be representatives of the general public acting

27  as consumer advocates; one member must be a member of the

28  House of Representatives appointed by the Speaker of the

29  House; one member must be a member of the Senate appointed by

30  the President of the Senate; one member must be a

31  representative of the Department of Education; one member must

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    Florida House of Representatives - 1998             CS/HB 1213

    169-411A-98






  1  be a representative of the Florida Dental Association; one

  2  member must be a representative of the Florida Hospital

  3  Association; one member must be a representative of the

  4  Association of Community Cancer Centers; one member shall be a

  5  representative from a statutory teaching hospital affiliated

  6  with a community-based cancer center; and one member must be a

  7  representative of the Florida Association of Pediatric Tumor

  8  Programs, Inc.; one member must be a representative of the

  9  Cancer Information Service; one member must be a

10  representative of the Florida Agricultural and Mechanical

11  University Institute of Public Health; and one member must be

12  a representative of the Florida Society of Oncology Social

13  Workers.  Of the members of the council appointed by the

14  Governor, at least 10 must be individuals who are minority

15  persons as defined by s. 288.703(3).

16         (m)  If funds are specifically appropriated by the

17  Legislature, the council shall develop or purchase a

18  standardized written summaries summary, written in layperson's

19  terms and in language easily understood by the average adult

20  patient, informing actual and high-risk breast cancer

21  patients, prostate cancer patients, and men who are

22  considering prostate cancer screening of the medically viable

23  treatment alternatives available to them in the effective

24  management of breast cancer and prostate cancer; describing

25  such treatment alternatives; and explaining the relative

26  advantages, disadvantages, and risks associated therewith.

27  The breast cancer Such summary, upon its completion, shall be

28  printed in the form of a pamphlet or booklet and made

29  continuously available to physicians and surgeons in this

30  state for their use in accordance with s. 458.324 and to

31  osteopathic physicians in this state for their use in

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    Florida House of Representatives - 1998             CS/HB 1213

    169-411A-98






  1  accordance with s. 459.0125.  The council shall periodically

  2  update both summaries the pamphlet to reflect current

  3  standards of medical practice in the treatment of breast

  4  cancer and prostate cancer.  The council shall develop and

  5  implement an educational programs program, including

  6  distribution of the summaries pamphlet or booklet developed or

  7  purchased under this paragraph, to inform citizen groups,

  8  associations, and voluntary organizations about early

  9  detection and treatment of breast cancer and prostate cancer.

10         Section 3.  There is hereby appropriated from the

11  General Revenue Fund to the H. Lee Moffitt Cancer Center and

12  Research Institute at the University of South Florida the sum

13  of $50,000 for fiscal year 1998-1999 to be used by the Cancer

14  Control and Research Advisory Council to produce or purchase

15  and to distribute pamphlets, in English and in Spanish, that

16  inform patients about treatment alternatives for prostate

17  cancer and to develop and implement an educational program

18  that includes the distribution of the pamphlets, as required

19  by s. 240.5121, Florida Statutes.

20         Section 4.  There is hereby appropriated from the

21  General Revenue Fund to the H. Lee Moffitt Cancer Center and

22  Research Institute at the University of South Florida the sum

23  of $50,000 for fiscal year 1998-1999 to be used by the Cancer

24  Control and Research Advisory Council to produce or purchase

25  and to distribute pamphlets, in English and in Spanish, that

26  inform patients about treatment alternatives for breast cancer

27  and to develop and implement an educational program that

28  includes the distribution of the pamphlets, as required by s.

29  240.5121, Florida Statutes.

30         Section 5.  This act shall take effect July 1 of the

31  year in which enacted.

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