Senate Bill 0714e1

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    CS for CS for SB 714                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         381.0035, F.S.; requiring certain information

  4         related to HIV testing and counseling to be

  5         included in HIV educational courses; amending

  6         s. 381.004, F.S.; requiring informed consent

  7         before an HIV test may be ordered; requiring

  8         certain information to be provided when

  9         informed consent is sought; providing

10         requirements with respect to notification and

11         release of test results; authorizing certain

12         disclosures of test results; providing for

13         court orders for testing in specified

14         circumstances; providing for emergency action

15         against a registration; providing requirements

16         for model protocols; providing penalties;

17         amending s. 384.25, F.S.; deleting provisions

18         relating to protocols and to notification to

19         school superintendents; amending s. 455.604,

20         F.S.; requiring certain information related to

21         HIV testing to be included in HIV educational

22         courses for certain licensed professions;

23         amending s. 112.0455, F.S., relating to the

24         Drug-Free Workplace Act; requiring background

25         screening for an applicant for licensure of

26         certain laboratories; authorizing the use of

27         certain body hair for drug testing; creating s.

28         381.60225, F.S.; requiring background screening

29         for an applicant for certification to operate

30         an organ procurement organization, a tissue

31         bank, or an eye bank; amending s. 383.302,


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    CS for CS for SB 714                           First Engrossed



  1         F.S., relating to the regulation of birth

  2         centers; revising definitions to reflect the

  3         transfer of regulatory authority from the

  4         Department of Health and Rehabilitative

  5         Services to the Agency for Health Care

  6         Administration; amending s. 383.305, F.S.;

  7         requiring background screening for an applicant

  8         for licensure of a birth center; amending ss.

  9         383.308, 383.309, 383.31, 383.312, 383.313,

10         383.318, 383.32, 383.324, 383.325, 383.327,

11         383.33, 383.331, F.S., relating to the

12         regulation of birth centers; conforming

13         provisions to reflect the transfer of

14         regulatory authority to the Agency for Health

15         Care Administration; amending s. 390.015, F.S.;

16         requiring background screening for an applicant

17         for licensure of an abortion clinic; amending

18         s. 391.206, F.S.; requiring background

19         screening for an applicant for licensure to

20         operate a pediatric extended care center;

21         amending s. 393.063, F.S., relating to

22         developmental disabilities; providing a

23         definition; amending s. 393.067, F.S.;

24         requiring background screening for an applicant

25         for licensure to operate an intermediate care

26         facility for the developmentally disabled;

27         amending s. 394.4787, F.S., relating to the

28         regulation of mental health facilities;

29         conforming a cross-reference to changes made by

30         the act; amending s. 394.67, F.S., relating to

31         community alcohol, drug abuse, and mental


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  1         health services; revising definitions; amending

  2         s. 394.875, F.S.; requiring background

  3         screening for an applicant for licensure of a

  4         crisis stabilization unit or residential

  5         treatment facility; amending ss. 394.876,

  6         394.877, 394.878, 394.879, 394.90, 394.902,

  7         394.903, 394.904, 394.907, F.S., relating to

  8         the regulation of mental health facilities;

  9         conforming provisions to reflect the transfer

10         of regulatory authority to the Agency for

11         Health Care Administration; amending s.

12         395.002, F.S., relating to hospital licensing

13         and regulation; providing definitions; creating

14         s. 395.0055, F.S.; requiring background

15         screening for an applicant for licensure of a

16         facility operated under ch. 395, F.S.; amending

17         s. 395.0199, F.S.; requiring background

18         screening for an applicant for registration as

19         a utilization review agent; amending s.

20         400.051, F.S.; conforming a cross-reference;

21         amending s. 400.071, F.S.; requiring background

22         screening for an applicant for licensure of a

23         nursing home; amending s. 400.411, F.S.;

24         requiring background screening for an applicant

25         for licensure of an assisted living facility;

26         amending ss. 400.414, 400.417, 400.4174,

27         400.4176, F.S., relating to the regulation of

28         assisted living facilities; providing

29         additional grounds for denial, revocation, or

30         suspension of a license; requiring background

31         screening for employees hired on or after a


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  1         specified date; amending ss. 400.461, F.S.,

  2         relating to the regulation of home health

  3         agencies; conforming a cross-reference;

  4         amending s. 400.471, F.S.; requiring background

  5         screening for an applicant for licensure of a

  6         home health agency; amending s. 400.506, F.S.;

  7         requiring background screening for an applicant

  8         for licensure of a nurse registry; amending s.

  9         400.555, F.S.; requiring background screening

10         for an applicant for licensure of an adult day

11         care center; amending s. 400.556, F.S.,

12         relating to disciplinary actions against adult

13         day care center licensees; making noncompliance

14         with background screening requirements a basis

15         for disciplinary action; amending s. 400.557,

16         F.S., relating to renewal of an adult day care

17         center license; requiring an affidavit of

18         compliance with background screening

19         requirements when a license is renewed;

20         creating s. 400.5572, F.S.; requiring

21         background screening for employees of an adult

22         day care center hired on or after a specified

23         date; amending s. 400.606, F.S.; requiring

24         background screening for an applicant for

25         licensure of a hospice; creating s. 400.6065,

26         F.S.; providing requirements for background

27         screening of hospice employees; amending s.

28         400.607, F.S., relating to disciplinary actions

29         against a hospice license; making noncompliance

30         with background screening requirements a basis

31         for disciplinary action; amending s. 400.619,


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  1         F.S.; revising background screening

  2         requirements for an applicant for licensure of

  3         an adult family care home; providing screening

  4         requirements for designated relief persons;

  5         deleting agency authority to take disciplinary

  6         action against an adult family-care-home

  7         license; revising rulemaking authority;

  8         creating s. 400.6194, F.S.; providing for

  9         disciplinary action against an adult

10         family-care-home license; making noncompliance

11         with screening requirements a basis for

12         disciplinary action; amending s. 400.801, F.S.;

13         requiring background screening for an applicant

14         for licensure of a home for special services;

15         amending s. 400.805, F.S.; requiring background

16         screening for an applicant for licensure of a

17         transitional living facility; amending s.

18         430.04, F.S.; providing duties and

19         responsibilities of the Department of Elderly

20         Affairs; requiring the department to take

21         disciplinary action against an area agency on

22         aging for failure to implement and maintain a

23         department-approved grievance resolution

24         procedure; amending s. 455.654, F.S., relating

25         to referring health care providers; conforming

26         cross-references to changes made by the act;

27         amending s. 468.505, F.S., relating to

28         disciplinary action against certain medical

29         professionals and activities exempt from

30         regulation; updating provisions and conforming

31         cross-references; amending s. 483.101, F.S.;


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  1         requiring background screening for an applicant

  2         for licensure of a clinical laboratory;

  3         amending s. 483.106, F.S., relating to a

  4         certificate of exemption; correcting

  5         terminology; amending s. 483.30, F.S.;

  6         requiring background screening for an applicant

  7         for licensure of a multiphasic health testing

  8         center; repealing s. 455.661, F.S., which

  9         provides for licensure of designated health

10         care services; providing appropriations and

11         authorizing positions; authorizing certain

12         positions in excess of those otherwise

13         authorized; providing funding; providing for

14         applicability of background screening

15         requirements; providing for future repeal;

16         providing for a review of certain background

17         screening requirements; providing an effective

18         date.

19

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

21

22         Section 1.  Subsection (1) of section 381.0035, Florida

23  Statutes, is amended to read:

24         381.0035  Educational course on human immunodeficiency

25  virus and acquired immune deficiency syndrome; employees and

26  clients of certain health care facilities.--

27         (1)  The Department of Health shall require all

28  employees and clients of facilities licensed under chapters

29  393, 394, and 397 and employees of facilities licensed under

30  chapter 395 and parts II, III, IV, and VI of chapter 400 to

31  complete, biennially, a continuing educational course on the


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    CS for CS for SB 714                           First Engrossed



  1  modes of transmission, infection control procedures, clinical

  2  management, and prevention of human immunodeficiency virus and

  3  acquired immune deficiency syndrome with an emphasis on

  4  appropriate behavior and attitude change. Such instruction

  5  shall include information on current Florida law and its

  6  impact on testing, confidentiality of test results, and

  7  treatment of patients and any protocols and procedures

  8  applicable to human immunodeficiency counseling and testing,

  9  reporting, the offering of HIV testing to pregnant women, and

10  partner notification issues pursuant to ss. 381.004 and

11  384.25.

12         Section 2.  Subsections (2), (3), (4), (5), and (8) of

13  section 381.004, Florida Statutes, are amended, and subsection

14  (6) of that section is reenacted, to read:

15         381.004  Testing for human immunodeficiency virus.--

16         (2)  DEFINITIONS.--As used in this section:

17         (a)  "HIV test" means a test ordered after July 6,

18  1988, to determine the presence of the antibody or antigen to

19  human immunodeficiency virus or the presence of human

20  immunodeficiency virus infection.

21         (b)  "HIV test result" means a laboratory report of a

22  human immunodeficiency virus test result entered into a

23  medical record on or after July 6, 1988, or any report or

24  notation in a medical record of a laboratory report of a human

25  immunodeficiency virus test.  As used in this section, the

26  term "HIV test result" does not include test results reported

27  to a health care provider by a patient.

28         (c)  "Significant exposure" means:

29         1.  Exposure to blood or body fluids through

30  needlestick, instruments, or sharps;

31


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  1         2.  Exposure of mucous membranes to visible blood or

  2  body fluids, to which universal precautions apply according to

  3  the National Centers for Disease Control and Prevention,

  4  including, without limitations, the following body fluids:

  5         a.  Blood.

  6         b.  Semen.

  7         c.  Vaginal secretions.

  8         d.  Cerebro-spinal fluid (CSF).

  9         e.  Synovial fluid.

10         f.  Pleural fluid.

11         g.  Peritoneal fluid.

12         h.  Pericardial fluid.

13         i.  Amniotic fluid.

14         j.  Laboratory specimens that contain HIV (e.g.,

15  suspensions of concentrated virus); or

16         3.  Exposure of skin to visible blood or body fluids,

17  especially when the exposed skin is chapped, abraded, or

18  afflicted with dermatitis or the contact is prolonged or

19  involving an extensive area.

20         (d)  "Preliminary HIV test" means an antibody screening

21  test, such as the enzyme-linked immunosorbent assays (ELISAs)

22  or the Single-Use Diagnostic System (SUDS).

23         (e)(d)  "Test subject" or "subject of the test" means

24  the person upon whom an HIV test is performed, or the person

25  who has legal authority to make health care decisions for the

26  test subject.

27         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

28  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

29         (a)  No person in this state shall order perform a test

30  designed to identify the human immunodeficiency virus, or its

31  antigen or antibody, without first obtaining the informed


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  1  consent of the person upon whom the test is being performed,

  2  except as specified in paragraph (i).  Informed consent shall

  3  be preceded by an explanation of the right to confidential

  4  treatment of information identifying the subject of the test

  5  and the results of the test to the extent provided by law.

  6  Information shall also be provided on the fact that a positive

  7  HIV test result will be reported to the county health

  8  department with sufficient information to identify the test

  9  subject and on the availability and location of sites at which

10  anonymous testing is performed.  As required in paragraph

11  (4)(c), each county health department shall maintain a list of

12  sites at which anonymous testing is performed, including the

13  locations, phone numbers, and hours of operation of the sites.

14  Consent need not be in writing provided there is documentation

15  in the medical record that the test has been explained and the

16  consent has been obtained.

17         (b)  Except as provided in paragraph (i), informed

18  consent must be obtained from a legal guardian or other person

19  authorized by law when the person:

20         1.  Is not competent, is incapacitated, or is otherwise

21  unable to make an informed judgment; or

22         2.  Has not reached the age of majority, except as

23  provided in s. 384.30.

24         (c)  The person ordering the test or that person's

25  designee shall ensure that all reasonable efforts are made to

26  notify the test subject of his or her test result.

27  Notification of a person with a positive test result shall

28  include information on the availability of appropriate medical

29  and support services, on the importance of notifying partners

30  who may have been exposed, and on preventing transmission of

31  HIV. Notification of a person with a negative test result


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  1  shall include, as appropriate, information on preventing the

  2  transmission of HIV. When testing occurs in a hospital

  3  emergency department, detention facility, or other facility

  4  and the test subject has been released before being notified

  5  of positive test results, informing the county health

  6  department for that department to notify the test subject

  7  fulfills this responsibility. No person shall order a test

  8  without making available to the person tested, prior to the

  9  test, information regarding measures for the prevention of,

10  exposure to, and transmission of human immunodeficiency virus.

11  At the time an HIV test is ordered, the person ordering the

12  test shall schedule a return visit with the test subject for

13  the purpose of disclosing the test results and conducting

14  posttest counseling as described in paragraph (e).

15         (d)  No test result shall be determined as positive,

16  and no positive test result shall be revealed to any person,

17  without corroborating or confirmatory tests being conducted

18  except in the following situations:.

19         1.  However, Preliminary test results may be released

20  to licensed physicians or the medical or nonmedical personnel

21  subject to the significant exposure for purposes of

22  subparagraphs (h)10., (i)10. and 11., and 12.

23         2.  Preliminary test results may be released to health

24  care providers and to the person tested when decisions about

25  medical care or treatment of the person tested cannot await

26  the results of confirmatory testing.  Positive preliminary HIV

27  test results shall not be characterized to the patient as a

28  diagnosis of HIV infection.  Justification for the use of

29  preliminary test results must be documented in the medical

30  record by the health care provider who ordered the test.  This

31  subparagraph does not authorize the release of preliminary


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  1  test results for the purpose of routine identification of

  2  HIV-infected individuals or when HIV testing is incidental to

  3  the preliminary diagnosis or care of a patient.  Corroborating

  4  or confirmatory testing must be conducted as followup to a

  5  positive preliminary test.  Results shall be communicated to

  6  the patient according to statute regardless of the outcome.

  7  Except as provided in this section, test results are

  8  confidential and exempt from the provisions of s. 119.07(1).

  9         (e)  Except as otherwise provided, no test result shall

10  be revealed to the person upon whom the test was performed

11  without affording that person the immediate opportunity for

12  individual, face-to-face counseling about:

13         1.  The meaning of the test results;

14         2.  The possible need for additional testing;

15         3.  Measures for the prevention of the transmission of

16  the human immunodeficiency virus infection;

17         4.  The availability in the geographic area of any

18  appropriate health care services, including mental health

19  care, and appropriate social and support services;

20         5.  The benefits of locating and counseling any

21  individual by whom the infected individual may have been

22  exposed to the human immunodeficiency virus infection and any

23  individual whom the infected individual may have exposed to

24  such human immunodeficiency virus infection; and

25         6.  The availability, if any, of the services of public

26  health authorities with respect to locating and counseling any

27  individual described in subparagraph 5.

28

29  Telephonic posttest counseling shall be permitted when

30  reporting the HIV test results of a home access HIV test that

31  is approved by the United States Food and Drug Administration


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  1  and analyzed by a laboratory certified under the federal

  2  Clinical Laboratory Improvement Amendments of 1988 or licensed

  3  under part I of chapter 483.

  4         (e)(f)  Except as provided in this section, the

  5  identity of any person upon whom a test has been performed and

  6  test results are confidential and exempt from the provisions

  7  of s. 119.07(1).  No person who has obtained or has knowledge

  8  of a test result pursuant to this section may disclose or be

  9  compelled to disclose the identity of any person upon whom a

10  test is performed, or the results of such a test in a manner

11  which permits identification of the subject of the test,

12  except to the following persons:

13         1.  The subject of the test or the subject's legally

14  authorized representative.

15         2.  Any person, including third-party payors,

16  designated in a legally effective release of the test results

17  executed prior to or after the test by the subject of the test

18  or the subject's legally authorized representative. The test

19  subject may in writing authorize the disclosure of the test

20  subject's HIV test results to third party payors, who need not

21  be specifically identified, and to other persons to whom the

22  test subject subsequently issues a general release of medical

23  information.  A general release without such prior written

24  authorization is not sufficient to release HIV test results.

25         3.  An authorized agent or employee of a health

26  facility or health care provider if the health facility or

27  health care provider itself is authorized to obtain the test

28  results, the agent or employee participates in the

29  administration or provision of patient care or handles or

30  processes specimens of body fluids or tissues, and the agent

31  or employee has a need to know such information.  The


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  1  department shall adopt a rule defining which persons have a

  2  need to know pursuant to this subparagraph.

  3         4.  Health care providers consulting between themselves

  4  or with health care facilities to determine diagnosis and

  5  treatment. For purposes of this subparagraph, health care

  6  providers shall include licensed health care professionals

  7  employed by or associated with state, county, or municipal

  8  detention facilities when such health care professionals are

  9  acting exclusively for the purpose of providing diagnoses or

10  treatment of persons in the custody of such facilities.

11         5.  The department, in accordance with rules for

12  reporting and controlling the spread of disease, as otherwise

13  provided by state law.

14         6.  A health facility or health care provider which

15  procures, processes, distributes, or uses:

16         a.  A human body part from a deceased person, with

17  respect to medical information regarding that person; or

18         b.  Semen provided prior to July 6, 1988, for the

19  purpose of artificial insemination.

20         7.  Health facility staff committees, for the purposes

21  of conducting program monitoring, program evaluation, or

22  service reviews pursuant to chapters 395 and 766.

23         8.  Authorized medical or epidemiological researchers

24  who may not further disclose any identifying characteristics

25  or information.

26         9.  A person allowed access by a court order which is

27  issued in compliance with the following provisions:

28         a.  No court of this state shall issue such order

29  unless the court finds that the person seeking the test

30  results has demonstrated a compelling need for the test

31  results which cannot be accommodated by other means.  In


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  1  assessing compelling need, the court shall weigh the need for

  2  disclosure against the privacy interest of the test subject

  3  and the public interest which may be disserved by disclosure

  4  which deters blood, organ, and semen donation and future human

  5  immunodeficiency virus-related testing or which may lead to

  6  discrimination.  This paragraph shall not apply to blood bank

  7  donor records.

  8         b.  Pleadings pertaining to disclosure of test results

  9  shall substitute a pseudonym for the true name of the subject

10  of the test.  The disclosure to the parties of the subject's

11  true name shall be communicated confidentially in documents

12  not filed with the court.

13         c.  Before granting any such order, the court shall

14  provide the individual whose test result is in question with

15  notice and a reasonable opportunity to participate in the

16  proceedings if he or she is not already a party.

17         d.  Court proceedings as to disclosure of test results

18  shall be conducted in camera, unless the subject of the test

19  agrees to a hearing in open court or unless the court

20  determines that a public hearing is necessary to the public

21  interest and the proper administration of justice.

22         e.  Upon the issuance of an order to disclose test

23  results, the court shall impose appropriate safeguards against

24  unauthorized disclosure which shall specify the persons who

25  may have access to the information, the purposes for which the

26  information shall be used, and appropriate prohibitions on

27  future disclosure.

28         10.  A person allowed access by order of a judge of

29  compensation claims of the Division of Workers' Compensation

30  of the Department of Labor and Employment Security.  A judge

31  of compensation claims shall not issue such order unless he or


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  1  she finds that the person seeking the test results has

  2  demonstrated a compelling need for the test results which

  3  cannot be accommodated by other means.

  4         11.  Those employees of the department or of

  5  child-placing or child-caring agencies or of family foster

  6  homes, licensed pursuant to s. 409.175, who are directly

  7  involved in the placement, care, control, or custody of such

  8  test subject and who have a need to know such information;

  9  adoptive parents of such test subject; or any adult custodian,

10  any adult relative, or any person responsible for the child's

11  welfare, if the test subject was not tested under subparagraph

12  (b)2. and if a reasonable attempt has been made to locate and

13  inform the legal guardian of a test result. The department

14  shall adopt a rule to implement this subparagraph.

15         12.  Those employees of residential facilities or of

16  community-based care programs that care for developmentally

17  disabled persons, pursuant to chapter 393, who are directly

18  involved in the care, control, or custody of such test subject

19  and who have a need to know such information.

20         13.  A health care provider involved in the delivery of

21  a child can note the mother's HIV test results in the child's

22  medical record.

23         14.12.  Medical personnel or nonmedical personnel who

24  have been subject to a significant exposure during the course

25  of medical practice or in the performance of professional

26  duties, or individuals who are the subject of the significant

27  exposure as provided in subparagraphs (h)10., (i)10. and 11.,

28  and 13.

29         15.  The medical examiner shall disclose positive HIV

30  test results to the department in accordance with rules for

31  reporting and controlling the spread of disease.


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  1         (f)(g)  Except as provided in this section, the

  2  identity of a person upon whom a test has been performed is

  3  confidential and exempt from the provisions of s. 119.07(1).

  4  No person to whom the results of a test have been disclosed

  5  may disclose the test results to another person except as

  6  authorized by this subsection and by ss. 951.27 and 960.003.

  7  Whenever disclosure is made pursuant to this subsection, it

  8  shall be accompanied by a statement in writing which includes

  9  the following or substantially similar language: "This

10  information has been disclosed to you from records whose

11  confidentiality is protected by state law.  State law

12  prohibits you from making any further disclosure of such

13  information without the specific written consent of the person

14  to whom such information pertains, or as otherwise permitted

15  by state law.  A general authorization for the release of

16  medical or other information is NOT sufficient for this

17  purpose." An oral disclosure shall be accompanied by oral

18  notice and followed by a written notice within 10 days, except

19  that this notice shall not be required for disclosures made

20  pursuant to subparagraphs (e)3. (f)3. and 4.

21         (g)(h)  Human immunodeficiency virus test results

22  contained in the medical records of a hospital licensed under

23  chapter 395 may be released in accordance with s. 395.3025

24  without being subject to the requirements of subparagraph

25  (e)2. (f)2., subparagraph (e)9. (f)9., or paragraph (f) (g);

26  provided the hospital has obtained written informed consent

27  for the HIV test in accordance with provisions of this

28  section.

29         (h)(i)  Notwithstanding the provisions of paragraph

30  (a), informed consent is not required:

31


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    CS for CS for SB 714                           First Engrossed



  1         1.  When testing for sexually transmissible diseases is

  2  required by state or federal law, or by rule including the

  3  following situations:

  4         a.  HIV testing pursuant to s. 796.08 of persons

  5  convicted of prostitution or of procuring another to commit

  6  prostitution.

  7         b.  Testing for HIV by a medical examiner in accordance

  8  with s. 406.11.

  9         2.  Those exceptions provided for blood, plasma,

10  organs, skin, semen, or other human tissue pursuant to s.

11  381.0041.

12         3.  For the performance of an HIV-related test by

13  licensed medical personnel in bona fide medical emergencies

14  when the test results are necessary for medical diagnostic

15  purposes to provide appropriate emergency care or treatment to

16  the person being tested and the patient is unable to consent,

17  as supported by documentation in the medical record.

18  Notification of test results in accordance with paragraph (c)

19  Posttest counseling is required.

20         4.  For the performance of an HIV-related test by

21  licensed medical personnel for medical diagnosis of acute

22  illness where, in the opinion of the attending physician,

23  obtaining informed consent would be detrimental to the

24  patient, as supported by documentation in the medical record,

25  and the test results are necessary for medical diagnostic

26  purposes to provide appropriate care or treatment to the

27  person being tested. Notification of test results in

28  accordance with paragraph (c) Posttest counseling is required

29  if it would not be detrimental to the patient.  This

30  subparagraph does not authorize the routine testing of

31  patients for HIV infection without informed consent.


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  1         5.  When HIV testing is performed as part of an autopsy

  2  for which consent was obtained pursuant to s. 872.04.

  3         6.  For the performance of an HIV test upon a defendant

  4  pursuant to the victim's request in a prosecution for any type

  5  of sexual battery where a blood sample is taken from the

  6  defendant voluntarily, pursuant to court order for any

  7  purpose, or pursuant to the provisions of s. 775.0877, s.

  8  951.27, or s. 960.003; however, the results of any HIV test

  9  performed shall be disclosed solely to the victim and the

10  defendant, except as provided in ss. 775.0877, 951.27, and

11  960.003.

12         7.  When an HIV test is mandated by court order.

13         8.  For epidemiological research pursuant to s.

14  381.0032, for research consistent with institutional review

15  boards created by 45 C.F.R. part 46, or for the performance of

16  an HIV-related test for the purpose of research, if the

17  testing is performed in a manner by which the identity of the

18  test subject is not known and may not be retrieved by the

19  researcher.

20         9.  When human tissue is collected lawfully without the

21  consent of the donor for corneal removal as authorized by s.

22  732.9185 or enucleation of the eyes as authorized by s.

23  732.919.

24         10.  For the performance of an HIV test upon an

25  individual who comes into contact with medical personnel in

26  such a way that a significant exposure has occurred during the

27  course of employment or within the scope of practice and where

28  a blood sample is available that was taken from that

29  individual voluntarily by medical personnel for other

30  purposes.  "Medical personnel" includes a licensed or

31  certified health care professional; an employee of a health


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    CS for CS for SB 714                           First Engrossed



  1  care professional, health care facility, or blood bank; and a

  2  paramedic or emergency medical technician as defined in s.

  3  401.23.

  4         a.  Prior to performance of an HIV test on a

  5  voluntarily obtained blood sample, the individual from whom

  6  the blood was obtained shall be requested to consent to the

  7  performance of the test and to the release of the results.

  8  The individual's refusal to consent and all information

  9  concerning the performance of an HIV test and any HIV test

10  result shall be documented only in the medical personnel's

11  record unless the individual gives written consent to entering

12  this information on the individual's medical record.

13         b.  Reasonable attempts to locate the individual and to

14  obtain consent shall be made and all attempts must be

15  documented. If the individual cannot be found, an HIV test may

16  be conducted on the available blood sample. If the individual

17  does not voluntarily consent to the performance of an HIV

18  test, the individual shall be informed that an HIV test will

19  be performed, and counseling shall be furnished as provided in

20  this section.  However, HIV testing shall be conducted only

21  after a licensed physician documents, in the medical record of

22  the medical personnel, that there has been a significant

23  exposure and that, in the physician's medical judgment, the

24  information is medically necessary to determine the course of

25  treatment for the medical personnel.

26         c.  Costs of any HIV test of a blood sample performed

27  with or without the consent of the individual, as provided in

28  this subparagraph, shall be borne by the medical personnel or

29  the employer of the medical personnel. However, costs of

30  testing or treatment not directly related to the initial HIV

31  tests or costs of subsequent testing or treatment shall not be


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    CS for CS for SB 714                           First Engrossed



  1  borne by the medical personnel or the employer of the medical

  2  personnel.

  3         d.  In order to utilize the provisions of this

  4  subparagraph, the medical personnel must either be tested for

  5  HIV pursuant to this section or provide the results of an HIV

  6  test taken within 6 months prior to the significant exposure

  7  if such test results are negative.

  8         e.  A person who receives the results of an HIV test

  9  pursuant to this subparagraph shall maintain the

10  confidentiality of the information received and of the persons

11  tested.  Such confidential information is exempt from s.

12  119.07(1).

13         f.  If the source of the exposure will not voluntarily

14  submit to HIV testing and a blood sample is not available, the

15  medical personnel or the employer of such person acting on

16  behalf of the employee may seek a court order directing the

17  source of the exposure to submit to HIV testing.  A sworn

18  statement by a physician licensed under chapter 458 or chapter

19  459 that a significant exposure has occurred and that, in the

20  physician's medical judgment, testing is medically necessary

21  to determine the course of treatment constitutes probable

22  cause for the issuance of an order by the court.  The results

23  of the test shall be released to the source of the exposure

24  and to the person who experienced the exposure.

25         11.  For the performance of an HIV test upon an

26  individual who comes into contact with medical personnel in

27  such a way that a significant exposure has occurred during the

28  course of employment or within the scope of practice of the

29  medical personnel while the medical personnel provides

30  emergency medical treatment to the individual; or who comes

31  into contact with nonmedical personnel in such a way that a


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  1  significant exposure has occurred while the nonmedical

  2  personnel provides emergency medical assistance during a

  3  medical emergency.  For the purposes of this subparagraph, a

  4  medical emergency means an emergency medical condition outside

  5  of a hospital or health care facility that provides physician

  6  care. The test may be performed only during the course of

  7  treatment for the medical emergency.

  8         a.  An individual who is capable of providing consent

  9  shall be requested to consent to an HIV test prior to the

10  testing. The individual's refusal to consent, and all

11  information concerning the performance of an HIV test and its

12  result, shall be documented only in the medical personnel's

13  record unless the individual gives written consent to entering

14  this information on the individual's medical record.

15         b.  HIV testing shall be conducted only after a

16  licensed physician documents, in the medical record of the

17  medical personnel or nonmedical personnel, that there has been

18  a significant exposure and that, in the physician's medical

19  judgment, the information is medically necessary to determine

20  the course of treatment for the medical personnel or

21  nonmedical personnel.

22         c.  Costs of any HIV test performed with or without the

23  consent of the individual, as provided in this subparagraph,

24  shall be borne by the medical personnel or the employer of the

25  medical personnel or nonmedical personnel.  However, costs of

26  testing or treatment not directly related to the initial HIV

27  tests or costs of subsequent testing or treatment shall not be

28  borne by the medical personnel or the employer of the medical

29  personnel or nonmedical personnel.

30         d.  In order to utilize the provisions of this

31  subparagraph, the medical personnel or nonmedical personnel


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    CS for CS for SB 714                           First Engrossed



  1  shall be tested for HIV pursuant to this section or shall

  2  provide the results of an HIV test taken within 6 months prior

  3  to the significant exposure if such test results are negative.

  4         e.  A person who receives the results of an HIV test

  5  pursuant to this subparagraph shall maintain the

  6  confidentiality of the information received and of the persons

  7  tested.  Such confidential information is exempt from s.

  8  119.07(1).

  9         f.  If the source of the exposure will not voluntarily

10  submit to HIV testing and a blood sample was not obtained

11  during treatment for the medical emergency, the medical

12  personnel, the employer of the medical personnel acting on

13  behalf of the employee, or the nonmedical personnel may seek a

14  court order directing the source of the exposure to submit to

15  HIV testing.  A sworn statement by a physician licensed under

16  chapter 458 or chapter 459 that a significant exposure has

17  occurred and that, in the physician's medical judgment,

18  testing is medically necessary to determine the course of

19  treatment constitutes probable cause for the issuance of an

20  order by the court.  The results of the test shall be released

21  to the source of the exposure and to the person who

22  experienced the exposure.

23         12.  For the performance of an HIV test by the medical

24  examiner upon a deceased individual who is the source of a

25  significant exposure to medical personnel or nonmedical

26  personnel who provided emergency medical assistance and who

27  expired or could not be resuscitated during treatment for the

28  medical emergency.

29         13.12.  For the performance of an HIV-related test

30  medically indicated by licensed medical personnel for medical

31  diagnosis of a hospitalized infant as necessary to provide


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    CS for CS for SB 714                           First Engrossed



  1  appropriate care and treatment of the infant when, after a

  2  reasonable attempt, a parent cannot be contacted to provide

  3  consent. The medical records of the infant shall reflect the

  4  reason consent of the parent was not initially obtained.  Test

  5  results and posttest counseling shall be provided to the

  6  parent when the parent is located.

  7         14.  For the performance of HIV testing conducted to

  8  monitor the clinical progress of a patient previously

  9  diagnosed to be HIV positive.

10         15.  For the performance of repeated HIV testing

11  conducted to monitor possible conversion from a significant

12  exposure.

13         (4)  COUNTY HEALTH DEPARTMENT NETWORK OF VOLUNTARY

14  HUMAN IMMUNODEFICIENCY VIRUS TESTING PROGRAMS.--

15         (a)  The Department of Health shall establish a network

16  of voluntary human immunodeficiency virus testing programs in

17  every county in the state. These programs shall be conducted

18  in each county health department established under the

19  provisions of part I of chapter 154. Additional programs may

20  be contracted to other private providers to the extent that

21  finances permit and local circumstances dictate.

22         (b)  Each county health department shall have the

23  ability to provide counseling and testing for human

24  immunodeficiency virus to each patient who receives services

25  and shall offer such testing on a voluntary basis to each

26  patient who presents himself or herself for services in a

27  public health program designated by the State Health Officer

28  by rule.

29         (c)  Each county health department shall provide a

30  program of counseling and testing for human immunodeficiency

31  virus infection, on both an anonymous and confidential basis.


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  1  Counseling provided to a patient tested on both an anonymous

  2  and confidential basis shall include informing the patient of

  3  the availability of partner-notification services, the

  4  benefits of such services, and the confidentiality protections

  5  available as part of such services. The Department of Health

  6  or its designated agent shall continue to provide for

  7  anonymous testing through an alternative testing site program

  8  with sites throughout all areas of the state. Each county

  9  health department shall maintain a list of anonymous testing

10  sites.  The list shall include the locations, phone numbers,

11  and hours of operation of the sites and shall be disseminated

12  to all persons and programs offering human immunodeficiency

13  virus testing within the service area of the county health

14  department, including physicians licensed under chapter 458 or

15  chapter 459. Except as provided in this section, the identity

16  of a person upon whom a test has been performed and test

17  results are confidential and exempt from the provisions of s.

18  119.07(1).

19         (d)  The result of a serologic test conducted under the

20  auspices of the Department of Health shall not be used to

21  determine if a person may be insured for disability, health,

22  or life insurance or to screen or determine suitability for,

23  or to discharge a person from, employment.  Any person who

24  violates the provisions of this subsection is guilty of a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083.

27         (5)  HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;

28  REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM

29  REGISTRATION.--No county health department and no other person

30  in this state shall conduct or hold themselves out to the

31  public as conducting a testing program for acquired immune


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    CS for CS for SB 714                           First Engrossed



  1  deficiency syndrome, acquired immune deficiency syndrome

  2  related complex, or human immunodeficiency virus status

  3  without first registering with the Department of Health,

  4  reregistering each year, complying with all other applicable

  5  provisions of state law, and meeting the following

  6  requirements:

  7         (a)  The program must be directed by a person with a

  8  minimum number of contact hours of experience in the

  9  counseling of persons with acquired immune deficiency

10  syndrome, acquired immune deficiency syndrome related complex,

11  or human immunodeficiency virus infection, as established by

12  the Department of Health by rule.

13         (b)  The program must have all medical care supervised

14  by a physician licensed under the provisions of chapter 458 or

15  chapter 459.

16         (c)  The program shall have all laboratory procedures

17  performed in a laboratory licensed under the provisions of

18  chapter 483.

19         (d)  The program must meet all the informed consent

20  criteria contained in subsection (3).

21         (e)  The program must provide the opportunity for

22  pretest counseling on the meaning of a test for human

23  immunodeficiency virus, including medical indications for the

24  test; the possibility of false positive or false negative

25  results; the potential need for confirmatory testing; the

26  potential social, medical, and economic consequences of a

27  positive test result; and the need to eliminate high-risk

28  behavior.

29         (f)  The program must provide supplemental

30  corroborative testing on all positive test results before the

31  results of any positive test are provided to the patient.


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  1  Except as provided in this section, the identity of any person

  2  upon whom a test has been performed and test results are

  3  confidential and exempt from the provisions of s. 119.07(1).

  4         (g)  The program must provide the opportunity for

  5  face-to-face posttest counseling on the meaning of the test

  6  results; the possible need for additional testing; the social,

  7  medical, and economic consequences of a positive test result;

  8  and the need to eliminate behavior which might spread the

  9  disease to others.

10         (h)  Each person providing posttest counseling to a

11  patient with a positive test result shall receive specialized

12  training, to be specified by rule of the department, about the

13  special needs of persons with positive results, including

14  recognition of possible suicidal behavior, and shall refer the

15  patient for further health and social services as appropriate.

16         (i)  When services are provided for a charge during

17  pretest counseling, testing, supplemental testing, and

18  posttest counseling, the program must provide a complete list

19  of all such charges to the patient and the Department of

20  Health.

21         (j)  Nothing in this subsection shall be construed to

22  require a facility licensed under chapter 483 or a person

23  licensed under the provisions of chapter 457, chapter 458,

24  chapter 459, chapter 460, chapter 461, chapter 466, or chapter

25  467 to register with the Department of Health if he or she

26  does not advertise or hold himself or herself out to the

27  public as conducting testing programs for human

28  immunodeficiency virus infection or specializing in such

29  testing.

30         (k)  The department shall deny, suspend, or revoke the

31  registration of any person or agency that violates this


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    CS for CS for SB 714                           First Engrossed



  1  section, or any rule adopted under this section, constituting

  2  an emergency affecting the immediate health, safety, and

  3  welfare of a person receiving service.

  4         (6)  PENALTIES.--

  5         (a)  Any violation of this section by a facility or

  6  licensed health care provider shall be a ground for

  7  disciplinary action contained in the facility's or

  8  professional's respective licensing chapter.

  9         (b)  Any person who violates the confidentiality

10  provisions of this section and s. 951.27 commits a misdemeanor

11  of the first degree, punishable as provided in s. 775.082 or

12  s. 775.083.

13         (8)  MODEL PROTOCOL FOR COUNSELING AND TESTING FOR

14  HUMAN IMMUNODEFICIENCY VIRUS.--The Department of Health shall

15  develop, by rule, a model protocol consistent with the

16  provisions of this section for counseling and testing persons

17  for the human immunodeficiency virus. The protocol shall

18  include criteria for evaluating a patient's risk for human

19  immunodeficiency virus infection and for offering human

20  immunodeficiency virus testing, on a voluntary basis, as a

21  routine part of primary health care or admission to a health

22  care facility.  The Department of Health shall ensure that the

23  protocols developed under this section are made available to

24  health care providers.

25         Section 3.  Section 384.25, Florida Statutes, is

26  amended to read:

27         384.25  Reporting required.--

28         (1)  Each person who makes a diagnosis of or treats a

29  person with a sexually transmissible disease and each

30  laboratory that performs a test for a sexually transmissible

31  disease which concludes with a positive result shall report


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    CS for CS for SB 714                           First Engrossed



  1  such facts as may be required by the department by rule,

  2  within a time period as specified by rule of the department,

  3  but in no case to exceed 2 weeks.

  4         (2)  The department shall adopt rules specifying the

  5  information required in and a minimum time period for

  6  reporting a sexually transmissible disease.  In adopting such

  7  rules, the department shall consider the need for information,

  8  protections for the privacy and confidentiality of the

  9  patient, and the practical ability of persons and laboratories

10  to report in a reasonable fashion.  To ensure the

11  confidentiality of persons infected with the human

12  immunodeficiency virus (HIV), reporting of HIV infection and

13  acquired immune deficiency syndrome (AIDS) must be conducted

14  using the HIV/AIDS Reporting System (HARS) developed by the

15  Centers for Disease Control and Prevention of the United

16  States Public Health Service.

17         (3)  The department shall require reporting of

18  physician diagnosed cases of AIDS based upon diagnostic

19  criteria from the Centers for Disease Control and Prevention.

20         (4)  The department may require physician and

21  laboratory reporting of HIV infection. However, only reports

22  of HIV infection identified on or after the effective date of

23  the rule developed by the department pursuant to this

24  subsection shall be accepted.  The reporting may not affect or

25  relate to anonymous HIV testing programs conducted pursuant to

26  s. 381.004(4) or to university-based medical research

27  protocols as determined by the department.

28         (5)  After notification of the test subject under

29  subsection (4), the department may, with the consent of the

30  test subject, notify school superintendents of students and

31  school personnel whose HIV tests are positive.


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  1         (6)  The department shall by February 1 of each year

  2  submit to the Legislature an annual report relating to all

  3  information obtained pursuant to this section.

  4         (7)  The rules adopted by the department pursuant to

  5  this section shall specify the protocols for the reporting

  6  required or permitted by subsection (3) or subsection (4).

  7  The protocol developed for implementation of subsection (4)

  8  shall include, but need not be limited to, information to be

  9  given to a test subject during pretest counseling, including:

10         (a)  The fact that a positive HIV test result may be

11  reported to the county health department with sufficient

12  information to identify the test subject and the availability

13  and location of anonymous testing sites; and

14         (b)  The partner notification services available

15  through the county health departments, the benefits of such

16  services, and the confidentiality protections available as

17  part of such services.

18         (7)(8)  Each person who violates the provisions of this

19  section or the rules adopted hereunder may be fined by the

20  department up to $500 for each offense.  The department shall

21  report each violation of this section to the regulatory agency

22  responsible for licensing each health care professional and

23  each laboratory to which these provisions apply.

24         Section 4.  Subsection (1) of section 455.604, Florida

25  Statutes, is amended to read:

26         455.604  Requirement for instruction for certain

27  licensees on human immunodeficiency virus and acquired immune

28  deficiency syndrome.--

29         (1)  The appropriate board shall require each person

30  licensed or certified under chapter 457; chapter 458; chapter

31  459; chapter 460; chapter 461; chapter 463; chapter 464;


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  1  chapter 465; chapter 466; part II, part III, or part V of

  2  chapter 468; or chapter 486 to complete a continuing

  3  educational course, approved by the board, on human

  4  immunodeficiency virus and acquired immune deficiency syndrome

  5  as part of biennial relicensure or recertification. The course

  6  shall consist of education on the modes of transmission,

  7  infection control procedures, clinical management, and

  8  prevention of human immunodeficiency virus and acquired immune

  9  deficiency syndrome. Such course shall include information on

10  current Florida law on acquired immune deficiency syndrome and

11  its impact on testing, confidentiality of test results, and

12  treatment of patients, and any protocols and procedures

13  applicable to human immunodeficiency virus counseling and

14  testing, reporting, the offering of HIV testing to pregnant

15  women, and partner notification issues pursuant to ss. 381.004

16  and 384.25.

17         Section 5.  Subsection (12) and paragraph (b) of

18  subsection (13) of section 112.0455, Florida Statutes, are

19  amended to read:

20         112.0455  Drug-Free Workplace Act.--

21         (12)  DRUG-TESTING STANDARDS; LABORATORIES.--

22         (a)  A laboratory may analyze initial or confirmation

23  drug specimens only if:

24         1.  The laboratory is licensed and approved by the

25  Agency for Health Care Administration using criteria

26  established by the United States Department of Health and

27  Human Services as general guidelines for modeling the state

28  drug testing program. Each applicant for licensure must comply

29  with the following requirements:

30         a.  Upon receipt of a completed, signed, and dated

31  application, the agency shall require background screening, in


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    CS for CS for SB 714                           First Engrossed



  1  accordance with the level 2 standards for screening set forth

  2  in chapter 435, of the managing employee, or other similarly

  3  titled individual responsible for the daily operation of the

  4  laboratory, and of the financial officer, or other similarly

  5  titled individual who is responsible for the financial

  6  operation of the laboratory, including billings for services.

  7  The applicant must comply with the procedures for level 2

  8  background screening as set forth in chapter 435, as well as

  9  the requirements of s. 435.03(3).

10         b.  The agency may require background screening of any

11  other individual who is an applicant if the agency has

12  probable cause to believe that he or she has been convicted of

13  an offense prohibited under the level 2 standards for

14  screening set forth in chapter 435.

15         c.  Proof of compliance with the level 2 background

16  screening requirements of chapter 435 which has been submitted

17  within the previous 5 years in compliance with any other

18  health care licensure requirements of this state is acceptable

19  in fulfillment of screening requirements.

20         d.  A provisional license may be granted to an

21  applicant when each individual required by this section to

22  undergo background screening has met the standards for the

23  abuse registry background check and the Department of Law

24  Enforcement background check, but the agency has not yet

25  received background screening results from the Federal Bureau

26  of Investigation, or a request for a disqualification

27  exemption has been submitted to the agency as set forth in

28  chapter 435 but a response has not yet been issued. A license

29  may be granted to the applicant upon the agency's receipt of a

30  report of the results of the Federal Bureau of Investigation

31  background screening for each individual required by this


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    CS for CS for SB 714                           First Engrossed



  1  section to undergo background screening which confirms that

  2  all standards have been met, or upon the granting of a

  3  disqualification exemption by the agency as set forth in

  4  chapter 435. Any other person who is required to undergo level

  5  2 background screening may serve in his or her capacity

  6  pending the agency's receipt of the report from the Federal

  7  Bureau of Investigation. However, the person may not continue

  8  to serve if the report indicates any violation of background

  9  screening standards and a disqualification exemption has not

10  been requested of and granted by the agency as set forth in

11  chapter 435.

12         e.  Each applicant must submit to the agency, with its

13  application, a description and explanation of any exclusions,

14  permanent suspensions, or terminations of the applicant from

15  the Medicare or Medicaid programs. Proof of compliance with

16  the requirements for disclosure of ownership and control

17  interests under the Medicaid or Medicare programs shall be

18  accepted in lieu of this submission.

19         f.  Each applicant must submit to the agency a

20  description and explanation of any conviction of an offense

21  prohibited under the level 2 standards of chapter 435 by a

22  member of the board of directors of the applicant, its

23  officers, or any individual owning 5 percent or more of the

24  applicant. This requirement does not apply to a director of a

25  not-for-profit corporation or organization if the director

26  serves solely in a voluntary capacity for the corporation or

27  organization, does not regularly take part in the day-to-day

28  operational decisions of the corporation or organization,

29  receives no remuneration for his or her services on the

30  corporation or organization's board of directors, and has no

31  financial interest and has no family members with a financial


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  1  interest in the corporation or organization, provided that the

  2  director and the not-for-profit corporation or organization

  3  include in the application a statement affirming that the

  4  director's relationship to the corporation satisfies the

  5  requirements of this sub-subparagraph.

  6         g.  A license may not be granted to any applicant if

  7  the applicant or managing employee has been found guilty of,

  8  regardless of adjudication, or has entered a plea of nolo

  9  contendere or guilty to, any offense prohibited under the

10  level 2 standards for screening set forth in chapter 435,

11  unless an exemption from disqualification has been granted by

12  the agency as set forth in chapter 435.

13         h.  The agency may deny or revoke licensure if the

14  applicant:

15         (I)  Has falsely represented a material fact in the

16  application required by sub-subparagraph e. or

17  sub-subparagraph f., or has omitted any material fact from the

18  application required by sub-subparagraph e. or

19  sub-subparagraph f.; or

20         (II)  Has had prior action taken against the applicant

21  under the Medicaid or Medicare program as set forth in

22  sub-subparagraph e.

23         i.  An application for license renewal must contain the

24  information required under sub-subparagraphs e. and f.

25         2.  The laboratory has written procedures to ensure

26  chain of custody.

27         3.  The laboratory follows proper quality control

28  procedures, including, but not limited to:

29         a.  The use of internal quality controls including the

30  use of samples of known concentrations which are used to check

31


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  1  the performance and calibration of testing equipment, and

  2  periodic use of blind samples for overall accuracy.

  3         b.  An internal review and certification process for

  4  drug test results, conducted by a person qualified to perform

  5  that function in the testing laboratory.

  6         c.  Security measures implemented by the testing

  7  laboratory to preclude adulteration of specimens and drug test

  8  results.

  9         d.  Other necessary and proper actions taken to ensure

10  reliable and accurate drug test results.

11         (b)  A laboratory shall disclose to the employer a

12  written test result report within 7 working days after receipt

13  of the sample.  All laboratory reports of a drug test result

14  shall, at a minimum, state:

15         1.  The name and address of the laboratory which

16  performed the test and the positive identification of the

17  person tested.

18         2.  Positive results on confirmation tests only, or

19  negative results, as applicable.

20         3.  A list of the drugs for which the drug analyses

21  were conducted.

22         4.  The type of tests conducted for both initial and

23  confirmation tests and the minimum cutoff levels of the tests.

24         5.  Any correlation between medication reported by the

25  employee or job applicant pursuant to subparagraph (8)(b)2.

26  and a positive confirmed drug test result.

27

28  No report shall disclose the presence or absence of any drug

29  other than a specific drug and its metabolites listed pursuant

30  to this section.

31


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  1         (c)  The laboratory shall submit to the Agency for

  2  Health Care Administration a monthly report with statistical

  3  information regarding the testing of employees and job

  4  applicants.  The reports shall include information on the

  5  methods of analyses conducted, the drugs tested for, the

  6  number of positive and negative results for both initial and

  7  confirmation tests, and any other information deemed

  8  appropriate by the Agency for Health Care Administration. No

  9  monthly report shall identify specific employees or job

10  applicants.

11         (d)  Laboratories shall provide technical assistance to

12  the employer, employee, or job applicant for the purpose of

13  interpreting any positive confirmed test results which could

14  have been caused by prescription or nonprescription medication

15  taken by the employee or job applicant.

16         (13)  RULES.--

17         (b)  The following standards and procedures are

18  established related to hair testing:

19         1.  Hair cutoff levels for initial drug-screening

20  tests.--The following initial cutoff levels must be used when

21  screening hair specimens to determine whether they are

22  negative for these drugs or their metabolites:

23         a.  Marijuana:  10 pg/10 mg of hair;

24         b.  Cocaine:  5 ng/10 mg of hair; and

25         c.  Opiate/synthetic narcotics and metabolites:  5

26  ng/10 mg of hair. For the purpose of this section, opiate and

27  metabolites include the following:

28         (I)  Codeine;

29         (II)  Heroin, monoacetylmorphine monoacitylmorphine

30  (heroin metabolites);

31         (III)  Morphine;


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  1         d.  Phencyclidine:  3 ng/10 mg of hair; and

  2         e.  Amphetamines:  5 ng/10 mg of hair.  For the purpose

  3  of this section, amphetamines include the following:

  4         (I)  Amphetamines;

  5         (II)  Methamphetamine;

  6         2.  Hair cutoff levels for drug confirmation testing.--

  7         a.  All specimens identified as positive on the initial

  8  test must be confirmed using gas chromatography/mass

  9  spectrometry (GC/MS), mass spectrometry/mass spectrometry

10  (MS/MS) at the following cutoff levels for these drugs on

11  their metabolites. All confirmations must be by quantitative

12  analysis.

13         (I)  Marijuana metabolites:  1 pg/10 mg of hair

14  (Delta-9-tetrahydrocannabinol-0-carboxylic acid).

15         (II)  Cocaine:  must be at or above 5 ng/10 mg of hair.

16  Cocaine metabolites if present will be recorded at the

17  following minimum levels:

18         (A)  Benzoylecgonine at 1 ng/10 mg of hair; and

19         (B)  Cocaethlyene at 1 ng/10 mg of hair.

20         (III)  Opiate/synthetic narcotics and metabolites:  5

21  ng/10 mg of hair; opiate and metabolites include the

22  following:

23         (A)  Codeine;

24         (B)  6-Monoacetylmorphine (heroin metabolite); and

25         (C)  Morphine.

26         (IV)  Phencyclidine:  3 ng/10 mg of hair.

27         (V)  Amphetamines:  5 ng/10 mg of hair.  For the

28  purpose of this section, amphetamines include the following:

29         (A)  Amphetamines; and

30         (B)  Methamphetamines.

31


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  1         b.  All hair specimens undergoing confirmation must be

  2  decontaminated using a wash procedure which has been published

  3  in the peer-reviewed literature which, as a minimum, has an

  4  initial 15-minute organic solvent wash followed by multiple

  5  (minimum of three) 30-minute aqueous washes.

  6         c.  After hair is washed, the drug entrapped in the

  7  hair is released either by digestion (chemical or enzymatic)

  8  or by multiple solvent extractions. The resulting digest or

  9  pooled solvent extracts are then screened and confirmed by

10  approved methods.

11         d.  All confirmation analysis methods must eliminate

12  the melanin fraction of the hair before analysis. If a

13  nondigestion method is used, the laboratory must present

14  published data in the peer-reviewed literature from a large

15  population study which indicates that the method of extraction

16  does not possess a statistically significant hair-color bias.

17         e.  Additional hair samples may be collected to

18  reconfirm the initial report. The recollected sample shall be

19  retested as specified; however, the confirmation analysis must

20  be performed even if the screening test is negative. A second

21  positive report must be made if the drug concentration in the

22  digest by confirmation methods exceeds the limit of

23  quantitation of the testing laboratory's method. A second test

24  must be offered to anyone disputing a positive hair test

25  result.

26         3.  Hair specimen collection procedures.--

27         a.  Designation of collection site.--Each drug-testing

28  program shall have one or more designated collection sites

29  which have all necessary personnel, materials, equipment,

30  facilities, and supervision to provide for the collection,

31


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  1  security, temporary storage, and shipping or transportation of

  2  hair specimens to a licensed drug-testing facility.

  3         b.  Security.--While security is important with any

  4  collection, in the case of hair, only the temporary storage

  5  area in the designated collection site needs to be secure.

  6         c.  Chain of custody.--Chain-of-custody standardized

  7  forms shall be properly executed by authorized collection site

  8  personnel upon receipt of specimens. Handling and

  9  transportation of hair specimens from one authorized

10  individual or place to another shall always be accomplished

11  through chain-of-custody procedures. Every effort shall be

12  made to minimize the number of persons handling specimens.

13         d.  Access to authorized personnel only.--The hair

14  collection site need be off limits to unauthorized personnel

15  only during the actual collection of specimens.

16         e.  Privacy.--Procedures for collecting hair should be

17  performed on one individual at a time to prevent substitutions

18  or interference with the collection of reliable samples.

19  Procedures must ensure that the hair collection does not

20  infringe on the individual's privacy.

21         f.  Integrity and identity of specimen.--Precautions

22  must be taken to ensure that the root end of a hair specimen

23  is indicated for the laboratory which performs the testing.

24  The maximum length of hair that shall be tested is 3.9 cm

25  distal from the head, which on average represents a 3-month

26  time window. The following minimum precautions must be taken

27  when collecting a hair specimen to ensure that specimens are

28  obtained and correctly identified:

29         (I)  When an individual arrives at the collection site,

30  the collection site personnel shall request the individual to

31  present photo identification. If the individual does not have


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  1  proper photo identification, the collection site personnel

  2  shall contact the supervisor of the individual, the

  3  coordinator of the drug testing program, or any other employer

  4  official who can positively identify the individual. If the

  5  individual's identity cannot be established, the collection

  6  site personnel shall not proceed with the collection.

  7         (II)  If the individual fails to arrive at the assigned

  8  time, the collection site personnel shall contact the

  9  appropriate authority to obtain guidance on the action to be

10  taken.

11         (III)  The collection site personnel shall note any

12  unusual behavior or appearance on the chain-of-custody form.

13         (IV)  Hair shall be cut as close to the scalp or body,

14  excluding the pubic area, as possible. Upon taking the

15  specimen from the individual, the collection site personnel

16  shall determine that it contains approximately  1/2 -inch of

17  hair when fanned out on a ruler (about 40 mg of hair).

18         (V)  Both the individual being tested and the

19  collection site personnel shall keep the specimen in view at

20  all times prior to the specimen container being sealed with a

21  tamper-resistant seal and labeled with the individual's

22  specimen number and other required information.

23         (VI)  The collection site personnel shall label the

24  container which contains the hair with the date, the

25  individual's specimen number, and any other identifying

26  information provided or required by the drug-testing program.

27         (VII)  The individual shall initial the container for

28  the purpose of certifying that it is the specimen collected

29  from the individual.

30         (VIII)  The collection site personnel shall indicate on

31  the chain-of-custody form all information identifying the


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  1  specimen. The collection site personnel shall sign the

  2  chain-of-custody form next to the identifying information or

  3  the chain of custody on the specimen container.

  4         (IX)  The individual must be asked to read and sign a

  5  statement certifying that the specimen identified as having

  6  been collected from the individual is in fact that specimen

  7  the individual provided.

  8         (X)  The collection site personnel shall complete the

  9  chain-of-custody form.

10         g.  Collection control.--To the maximum extent

11  possible, collection site personnel shall keep the

12  individual's specimen container within sight both before and

13  after collection. After the specimen is collected, it must be

14  properly sealed and labeled. An approved chain-of-custody form

15  must be used for maintaining control and accountability of

16  each specimen from the point of collection to final

17  disposition of the specimen. The date and purpose must be

18  documented on an approved chain-of-custody form each time a

19  specimen is handled or transferred and every individual in the

20  chain must be identified. Every effort must be made to

21  minimize the number of persons handling specimens.

22         h.  Transportation to the testing facility.--Collection

23  site personnel shall arrange to transport the collected

24  specimens to the drug-testing facility. The specimens shall be

25  placed in containers which shall be securely sealed to

26  eliminate the possibility of undetected tampering. The

27  collection site personnel shall ensure that the

28  chain-of-custody documentation is sealed separately from the

29  specimen and placed inside the container sealed for transfer

30  to the drug-testing facility.

31         4.  Quality assurance and quality control.--


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  1         a.  Quality assurance.--Testing facilities shall have a

  2  quality assurance program which encompasses all aspects of the

  3  testing process, including, but not limited to, specimen

  4  acquisition, chain of custody, security and reporting of

  5  results, initial and confirmatory testing, and validation of

  6  analytical procedures. Quality assurance procedures shall be

  7  designed, implemented, and reviewed to monitor the conduct of

  8  each step of the process of testing for drugs.

  9         b.  Quality control.--

10         (I)  Each analytical run of specimens to be screened

11  shall include:

12         (A)  Hair specimens certified to contain no drug;

13         (B)  Hair specimens fortified with known standards; and

14         (C)  Positive controls with the drug or metabolite at

15  or near the threshold (cutoff).

16         (II)  In addition, with each batch of samples, a

17  sufficient number of standards shall be included to ensure and

18  document the linearity of the assay method over time in the

19  concentration area of the cutoff. After acceptable values are

20  obtained for the known standards, those values must be used to

21  calculate sample data. Implementation of procedures to ensure

22  that carryover does not contaminate the testing of an

23  individual's specimen must be documented. A minimum of 5

24  percent of all test samples must be quality control specimens.

25  The testing facility's quality control samples, prepared from

26  fortified hair samples of determined concentration, must be

27  included in the run and must appear as normal samples to

28  drug-screen testing facility analysis. One percent of each

29  run, with a minimum of at least one sample, must be the

30  testing facility's own quality control samples.

31         5.a.  Proficiency testing.--


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  1         (I)  Each hair drug-testing facility shall enroll and

  2  demonstrate satisfactory performance in a proficiency-testing

  3  program established by an independent group.

  4         (II)  The drug-testing facility shall maintain records

  5  which document the handling, processing, and examination of

  6  all proficiency-testing samples for a minimum of 2 years from

  7  the date of testing.

  8         (III)  The drug-testing facility shall ensure that

  9  proficiency-testing samples are analyzed at least three times

10  each year using the same techniques as those employed for

11  unknown specimens.

12         (IV)  The proficiency-testing samples must be included

13  with the routine sample run and tested with the same frequency

14  as unknown samples by the individuals responsible for testing

15  unknown specimens.

16         (V)  The drug-testing facility may not engage in

17  discussions or communications concerning proficiency-testing

18  results with other drug-testing facilities, nor may they send

19  proficiency-testing samples or portions of the samples to

20  another drug-testing facility for analysis.

21         b.  Satisfactory performance.--

22         (I)  The drug-testing facility shall maintain an

23  overall testing-event score equivalent to passing proficiency

24  scores for other drug-testing matrices.

25         (II)  Failure to participate in a proficiency-testing

26  event shall result in a score of 0 percent for that testing

27  event.

28         c.  Unsuccessful performance.--Failure to achieve

29  satisfactory performance in two consecutive testing events, or

30  two out of three consecutive testing events, is determined to

31  be unsuccessful performance.


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  1

  2  This section shall not be construed to eliminate the

  3  bargainable rights as provided in the collective bargaining

  4  process where applicable.

  5         Section 6.  Section 381.60225, Florida Statutes, is

  6  created to read:

  7         381.60225  Background screening.--

  8         (1)  Each applicant for certification must comply with

  9  the following requirements:

10         (a)  Upon receipt of a completed, signed, and dated

11  application, the Agency for Health Care Administration shall

12  require background screening, in accordance with the level 2

13  standards for screening set forth in chapter 435, of the

14  managing employee, or other similarly titled individual

15  responsible for the daily operation of the organization,

16  agency, or entity, and financial officer, or other similarly

17  titled individual who is responsible for the financial

18  operation of the organization, agency, or entity, including

19  billings for services.  The applicant must comply with the

20  procedures for level 2 background screening as set forth in

21  chapter 435, as well as the requirements of s. 435.03(3).

22         (b)  The Agency for Health Care Administration may

23  require background screening of any other individual who is an

24  applicant if the Agency for Health Care Administration has

25  probable cause to believe that he or she has been convicted of

26  a crime or has committed any other offense prohibited under

27  the level 2 standards for screening set forth in chapter 435.

28         (c)  Proof of compliance with the level 2 background

29  screening requirements of chapter 435 which has been submitted

30  within the previous 5 years in compliance with any other

31


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  1  health care licensure requirements of this state is acceptable

  2  in fulfillment of the requirements of paragraph (a).

  3         (d)  A provisional certification may be granted to the

  4  organization, agency, or entity when each individual required

  5  by this section to undergo background screening has met the

  6  standards for the abuse registry background check and the

  7  Department of Law Enforcement background check, but the agency

  8  has not yet received background screening results from the

  9  Federal Bureau of Investigation, or a request for a

10  disqualification exemption has been submitted to the agency as

11  set forth in chapter 435 but a response has not yet been

12  issued. A standard certification may be granted to the

13  organization, agency, or entity upon the agency's receipt of a

14  report of the results of the Federal Bureau of Investigation

15  background screening for each individual required by this

16  section to undergo background screening which confirms that

17  all standards have been met, or upon the granting of a

18  disqualification exemption by the agency as set forth in

19  chapter 435. Any other person who is required to undergo level

20  2 background screening may serve in his or her capacity

21  pending the agency's receipt of the report from the Federal

22  Bureau of Investigation. However, the person may not continue

23  to serve if the report indicates any violation of background

24  screening standards and a disqualification exemption has not

25  been requested of and granted by the agency as set forth in

26  chapter 435.

27         (e)  Each applicant must submit to the agency, with its

28  application, a description and explanation of any exclusions,

29  permanent suspensions, or terminations of the applicant from

30  the Medicare or Medicaid programs. Proof of compliance with

31  the requirements for disclosure of ownership and control


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  1  interests under the Medicaid or Medicare programs shall be

  2  accepted in lieu of this submission.

  3         (f)  Each applicant must submit to the agency a

  4  description and explanation of any conviction of an offense

  5  prohibited under the level 2 standards of chapter 435 by a

  6  member of the board of directors of the applicant, its

  7  officers, or any individual owning 5 percent or more of the

  8  applicant. This requirement does not apply to a director of a

  9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  The agency may not certify any organization,

22  agency, or entity if any applicant or managing employee has

23  been found guilty of, regardless of adjudication, or has

24  entered a plea of nolo contendere or guilty to, any offense

25  prohibited under the level 2 standards for screening set forth

26  in chapter 435, unless an exemption from disqualification has

27  been granted by the agency as set forth in chapter 435.

28         (h)  The agency may deny or revoke certification of any

29  organization, agency, or entity if the applicant:

30         1.  Has falsely represented a material fact in the

31  application required by paragraph (e) or paragraph (f), or has


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  1  omitted any material fact from the application required by

  2  paragraph (e) or paragraph (f); or

  3         2.  Has had prior action taken against the applicant

  4  under the Medicaid or Medicare program as set forth in

  5  paragraph (e).

  6         (i)  An application for renewal of certification must

  7  contain the information required under paragraphs (e) and (f).

  8         (2)  An organ procurement organization, tissue bank, or

  9  eye bank certified by the Agency for Health Care

10  Administration in accordance with ss. 381.6021 and 381.6022 is

11  not subject to the requirements of this section if the entity

12  has no direct patient-care responsibilities and does not bill

13  patients or insurers directly for services under the Medicare

14  or Medicaid programs, or for privately insured services.

15         Section 7.  Section 383.302, Florida Statutes, is

16  amended to read:

17         383.302  Definitions of terms used in ss.

18  383.30-383.335.--As used in ss. 383.30-383.335, unless the

19  context otherwise requires, the term:

20         (1)  "Agency" means the Agency for Health Care

21  Administration.

22         (2)(1)  "Birth center" means any facility, institution,

23  or place, which is not an ambulatory surgical center or a

24  hospital or in a hospital, in which births are planned to

25  occur away from the mother's usual residence following a

26  normal, uncomplicated, low-risk pregnancy.

27         (3)(2)  "Clinical staff" means individuals employed

28  full time or part time by a birth center who are licensed or

29  certified to provide care at childbirth.

30

31


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  1         (4)(3)  "Consultant" means a physician licensed

  2  pursuant to chapter 458 or chapter 459 who agrees to provide

  3  advice and services to a birth center and who either:

  4         (a)  Is certified or eligible for certification by the

  5  American Board of Obstetrics and Gynecology, or

  6         (b)  Has hospital obstetrical privileges.

  7         (4)  "Department" means the Department of Health.

  8         (5)  "Governing body" means any individual, group,

  9  corporation, or institution which is responsible for the

10  overall operation and maintenance of a birth center.

11         (6)  "Governmental unit" means the state or any county,

12  municipality, or other political subdivision or any

13  department, division, board, or other agency of any of the

14  foregoing.

15         (7)  "Licensed facility" means a facility licensed in

16  accordance with s. 383.305.

17         (8)  "Low-risk pregnancy" means a pregnancy which is

18  expected to result in an uncomplicated birth, as determined

19  through risk criteria developed by rule of the department, and

20  which is accompanied by adequate prenatal care.

21         (9)  "Person" means any individual, firm, partnership,

22  corporation, company, association, institution, or joint stock

23  association and means any legal successor of any of the

24  foregoing.

25         (10)  "Premises" means those buildings, beds, and

26  facilities located at the main address of the licensee and all

27  other buildings, beds, and facilities for the provision of

28  maternity care located in such reasonable proximity to the

29  main address of the licensee as to appear to the public to be

30  under the dominion and control of the licensee.

31


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  1         Section 8.  Section 383.305, Florida Statutes, is

  2  amended to read:

  3         383.305  Licensure; issuance, renewal, denial,

  4  suspension, revocation; fees; background screening.--

  5         (1)(a)  Upon receipt of an application for a license

  6  and the license fee, the agency department shall issue a

  7  license if the applicant and facility have received all

  8  approvals required by law and meet the requirements

  9  established under ss. 383.30-383.335 and by rules promulgated

10  hereunder.

11         (b)  A provisional license may be issued to any birth

12  center that is in substantial compliance with ss.

13  383.30-383.335 and with the rules of the agency department.  A

14  provisional license may be granted for a period of no more

15  than 1 year from the effective date of rules adopted by the

16  agency department, shall expire automatically at the end of

17  its term, and may not be renewed.

18         (c)  A license, unless sooner suspended or revoked,

19  automatically expires 1 year from its date of issuance and is

20  renewable upon application for renewal and payment of the fee

21  prescribed, provided the applicant and the birth center meet

22  the requirements established under ss. 383.30-383.335 and by

23  rules promulgated hereunder.  A complete application for

24  renewal of a license shall be made 90 days prior to expiration

25  of the license on forms provided by the agency department.

26         (2)  An application for a license, or renewal thereof,

27  shall be made to the agency department upon forms provided by

28  it and shall contain such information as the agency department

29  reasonably requires, which may include affirmative evidence of

30  ability to comply with applicable laws and rules.

31


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  1         (3)(a)  Each application for a birth center license, or

  2  renewal thereof, shall be accompanied by a license fee.  Fees

  3  shall be established by rule of the agency department.  Such

  4  fees are payable to the agency department and shall be

  5  deposited in a trust fund administered by the agency

  6  department, to be used for the sole purpose of carrying out

  7  the provisions of ss. 383.30-383.335.

  8         (b)  The fees established pursuant to ss.

  9  383.30-383.335 shall be based on actual costs incurred by the

10  agency department in the administration of its duties under

11  such sections.

12         (4)  Each license is valid only for the person or

13  governmental unit to whom or which it is issued; is not

14  subject to sale, assignment, or other transfer, voluntary or

15  involuntary; and is not valid for any premises other than

16  those for which it was originally issued.

17         (5)  Each license shall be posted in a conspicuous

18  place on the licensed premises.

19         (6)  Whenever the agency department finds that there

20  has been a substantial failure to comply with the requirements

21  established under ss. 383.30-383.335 or in rules adopted under

22  those sections promulgated hereunder, it is authorized to

23  deny, suspend, or revoke a license.

24         (7)  Each applicant for licensure must comply with the

25  following requirements:

26         (a)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening, in

28  accordance with the level 2 standards for screening set forth

29  in chapter 435, of the managing employee, or other similarly

30  titled individual who is responsible for the daily operation

31  of the center, and of the financial officer, or other


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  1  similarly titled individual who is responsible for the

  2  financial operation of the center, including billings for

  3  patient care and services.  The applicant must comply with the

  4  procedures for level 2 background screening as set forth in

  5  chapter 435 as well as the requirements of s. 435.03(3).

  6         (b)  The agency may require background screening of any

  7  other individual who is an applicant if the agency has

  8  probable cause to believe that he or she has been convicted of

  9  a crime or has committed any other offense prohibited under

10  the level 2 standards for screening set forth in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  health care licensure requirements of this state is acceptable

15  in fulfillment of the requirements of paragraph (a).

16         (d)  A provisional license may be granted to an

17  applicant when each individual required by this section to

18  undergo background screening has met the standards for the

19  abuse registry background check and the Department of Law

20  Enforcement background check, but the agency has not yet

21  received background screening results from the Federal Bureau

22  of Investigation, or a request for a disqualification

23  exemption has been submitted to the agency as set forth in

24  chapter 435 but a response has not yet been issued. A standard

25  license may be granted to the applicant upon the agency's

26  receipt of a report of the results of the Federal Bureau of

27  Investigation background screening for each individual

28  required by this section to undergo background screening which

29  confirms that all standards have been met, or upon the

30  granting of a disqualification exemption by the agency as set

31  forth in chapter 435. Any other person who is required to


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  1  undergo level 2 background screening may serve in his or her

  2  capacity pending the agency's receipt of the report from the

  3  Federal Bureau of Investigation. However, the person may not

  4  continue to serve if the report indicates any violation of

  5  background screening standards and a disqualification

  6  exemption has not been requested of and granted by the agency

  7  as set forth in chapter 435.

  8         (e)  Each applicant must submit to the agency, with its

  9  application, a description and explanation of any exclusions,

10  permanent suspensions, or terminations of the applicant from

11  the Medicare or Medicaid programs. Proof of compliance with

12  the requirements for disclosure of ownership and control

13  interests under the Medicaid or Medicare programs shall be

14  accepted in lieu of this submission.

15         (f)  Each applicant must submit to the agency a

16  description and explanation of any conviction of an offense

17  prohibited under the level 2 standards of chapter 435 by a

18  member of the board of directors of the applicant, its

19  officers, or any individual owning 5 percent or more of the

20  applicant. This requirement does not apply to a director of a

21  not-for-profit corporation or organization if the director

22  serves solely in a voluntary capacity for the corporation or

23  organization, does not regularly take part in the day-to-day

24  operational decisions of the corporation or organization,

25  receives no remuneration for his or her services on the

26  corporation or organization's board of directors, and has no

27  financial interest and has no family members with a financial

28  interest in the corporation or organization, provided that the

29  director and the not-for-profit corporation or organization

30  include in the application a statement affirming that the

31


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  1  director's relationship to the corporation satisfies the

  2  requirements of this paragraph.

  3         (g)  A license may not be granted to an applicant if

  4  the applicant or managing employee has been found guilty of,

  5  regardless of adjudication, or has entered a plea of nolo

  6  contendere or guilty to, any offense prohibited under the

  7  level 2 standards for screening set forth in chapter 435,

  8  unless an exemption from disqualification has been granted by

  9  the agency as set forth in chapter 435.

10         (h)  The agency may deny or revoke licensure if the

11  applicant:

12         1.  Has falsely represented a material fact in the

13  application required by paragraph (e) or paragraph (f), or has

14  omitted any material fact from the application required by

15  paragraph (e) or paragraph (f); or

16         2.  Has had prior action taken against the applicant

17  under the Medicaid or Medicare program as set forth in

18  paragraph (e).

19         (i)  An application for license renewal must contain

20  the information required under paragraphs (e) and (f).

21         Section 9.  Paragraph (a) of subsection (2) of section

22  383.308, Florida Statutes, is amended to read:

23         383.308  Birth center facility and equipment;

24  requirements.--

25         (2)(a)  A birth center shall be equipped with those

26  items needed to provide low-risk maternity care and readily

27  available equipment to initiate emergency procedures in

28  life-threatening events to mother and baby, as defined by rule

29  of the agency department.

30         Section 10.  Section 383.309, Florida Statutes, is

31  amended to read:


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  1         383.309  Minimum standards for birth centers; rules and

  2  enforcement.--

  3         (1)  The agency department shall adopt, amend,

  4  promulgate, and enforce rules to administer ss. 383.30-383.335

  5  implement the provisions of this act, which rules shall

  6  include, but are not limited to, reasonable and fair minimum

  7  standards for ensuring that:

  8         (a)  Sufficient numbers and qualified types of

  9  personnel and occupational disciplines are available at all

10  times to provide necessary and adequate patient care and

11  safety.

12         (b)  Infection control, housekeeping, sanitary

13  conditions, disaster plan, and medical record procedures that

14  will adequately protect patient care and provide safety are

15  established and implemented.

16         (c)  Construction, maintenance, repair, and renovation

17  of licensed facilities are governed by rules of the agency

18  department which use utilize the most recently adopted,

19  nationally recognized codes wherever feasible.  Facilities

20  licensed under s. 383.305 are exempt from local construction

21  standards to the extent that those standards are in conflict

22  with the standards adopted by rule of the agency department.

23         (d)  Licensed facilities are established, organized,

24  and operated consistent with established programmatic

25  standards.

26         (2)  Any licensed facility that which is in operation

27  at the time of adoption promulgation of any applicable rule

28  under ss. 383.30-383.335 shall be given a reasonable time

29  under the particular circumstances, not to exceed 1 year after

30  from the date of such adoption promulgation, within which to

31  comply with such rule.


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  1         Section 11.  Paragraph (b) of subsection (1) and

  2  paragraph (b) of subsection (2) of section 383.31, Florida

  3  Statutes, are amended to read:

  4         383.31  Selection of clients; informed consent.--

  5         (1)

  6         (b)  The criteria for the selection of clients and the

  7  establishment of risk status shall be defined by rule of the

  8  agency department.

  9         (2)

10         (b)  The agency department shall develop a client

11  informed-consent form to be used by the center to inform the

12  client of the benefits and risks related to childbirth outside

13  a hospital.

14         Section 12.  Subsection (1) of section 383.312, Florida

15  Statutes, is amended to read:

16         383.312  Prenatal care of birth center clients.--

17         (1)  A birth center shall ensure that its clients have

18  adequate prenatal care, as defined by the agency department,

19  and shall ensure that serological tests are administered as

20  required by this chapter.

21         Section 13.  Subsection (1) of section 383.313, Florida

22  Statutes, is amended to read:

23         383.313  Performance of laboratory and surgical

24  services; use of anesthetic and chemical agents.--

25         (1)  LABORATORY SERVICES.--A birth center may collect

26  specimens for those tests that are requested under protocol.

27  A birth center may perform simple laboratory tests, as defined

28  by rule of the agency department, and is exempt from the

29  requirements of chapter 483, provided no more than five

30  physicians are employed by the birth center and testing is

31


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  1  conducted exclusively in connection with the diagnosis and

  2  treatment of clients of the birth center.

  3         Section 14.  Subsection (1) of section 383.318, Florida

  4  Statutes, is amended to read:

  5         383.318  Postpartum care for birth center clients and

  6  infants.--

  7         (1)  A mother and her infant shall be dismissed from

  8  the birth center within 24 hours after the birth of the

  9  infant, except in unusual circumstances as defined by rule of

10  the agency department.  If a mother or infant is retained at

11  the birth center for more than 24 hours after the birth, a

12  report shall be filed with the agency department within 48

13  hours of the birth describing the circumstances and the

14  reasons for the decision.

15         Section 15.  Subsection (3) of section 383.32, Florida

16  Statutes, is amended to read:

17         383.32  Clinical records.--

18         (3)  Clinical records shall be kept confidential in

19  accordance with s. 455.241 and exempt from the provisions of

20  s. 119.07(1). A client's clinical records shall be open to

21  inspection only under the following conditions:

22         (a)  A consent to release information has been signed

23  by the client; or

24         (b)  The review is made by the agency department for a

25  licensure survey or complaint investigation.

26         Section 16.  Section 383.324, Florida Statutes, is

27  amended to read:

28         383.324  Inspections and investigations; inspection

29  fees.--

30

31


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  1         (1)  The agency department shall make or cause to be

  2  made such inspections and investigations as it deems

  3  necessary.

  4         (2)  Each facility licensed under s. 383.305 shall pay

  5  to the agency department, at the time of inspection, an

  6  inspection fee established by rule of the agency department.

  7         (3)  The agency department shall coordinate all

  8  periodic inspections for licensure made by the agency

  9  department to ensure that the cost to the facility of such

10  inspections and the disruption of services by such inspections

11  is minimized.

12         Section 17.  Subsection (3) of section 383.325, Florida

13  Statutes, is amended to read:

14         383.325  Inspection reports.--

15         (3)  A licensed facility shall, upon the request of any

16  person who has completed a written application with intent to

17  be admitted to such facility or any person who is a patient of

18  such facility, or any relative, spouse, or guardian of any

19  such person, furnish to the requester a copy of the last

20  inspection report issued by the agency department or an

21  accrediting organization, whichever is most recent, pertaining

22  to the licensed facility, as provided in subsection (1),

23  provided the person requesting such report agrees to pay a

24  reasonable charge to cover copying costs.

25         Section 18.  Subsection (4) of section 383.327, Florida

26  Statutes, is amended to read:

27         383.327  Birth and death records; reports.--

28         (4)  A report shall be submitted annually to the agency

29  department.  The contents of the report shall be prescribed by

30  rule of the agency department.

31


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  1         Section 19.  Section 383.33, Florida Statutes, is

  2  amended to read:

  3         383.33  Administrative penalties; emergency orders;

  4  moratorium on admissions.--

  5         (1)(a)  The agency department may deny, revoke, or

  6  suspend a license, or impose an administrative fine not to

  7  exceed $500 per violation per day, for the violation of any

  8  provision of ss. 383.30-383.335 or any rule adopted under ss.

  9  383.30-383.335 promulgated hereunder.  Each day of violation

10  constitutes a separate violation and is subject to a separate

11  fine.

12         (b)  In determining the amount of the fine to be levied

13  for a violation, as provided in paragraph (a), the following

14  factors shall be considered:

15         1.  The severity of the violation, including the

16  probability that death or serious harm to the health or safety

17  of any person will result or has resulted; the severity of the

18  actual or potential harm; and the extent to which the

19  provisions of ss. 383.30-383.335 this act were violated.

20         2.  Actions taken by the licensee to correct the

21  violations or to remedy complaints.

22         3.  Any previous violations by the licensee.

23         (c)  All amounts collected pursuant to this section

24  shall be deposited into a trust fund administered by the

25  agency department to be used for the sole purpose of carrying

26  out the provisions of ss. 383.30-383.335.

27         (2)  The agency department may issue an emergency order

28  immediately suspending or revoking a license when it

29  determines that any condition in the licensed facility

30  presents a clear and present danger to the public health and

31  safety.


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  1         (3)  The agency department may impose an immediate

  2  moratorium on elective admissions to any licensed facility,

  3  building or portion thereof, or service when the agency

  4  department determines that any condition in the facility

  5  presents a threat to the public health or safety.

  6         Section 20.  Section 383.331, Florida Statutes, is

  7  amended to read:

  8         383.331  Injunctive relief.--Notwithstanding the

  9  existence or pursuit of any other remedy, the agency

10  department may maintain an action in the name of the state for

11  injunction or other process to enforce the provisions of ss.

12  383.30-383.335 and the rules adopted promulgated under such

13  sections.

14         Section 21.  Subsection (3) is added to section

15  390.015, Florida Statutes, to read:

16         390.015  Application for license.--

17         (3)  Each applicant for licensure must comply with the

18  following requirements:

19         (a)  Upon receipt of a completed, signed, and dated

20  application, the agency shall require background screening, in

21  accordance with the level 2 standards for screening set forth

22  in chapter 435, of the managing employee, or other similarly

23  titled individual who is responsible for the daily operation

24  of the clinic, and financial officer, or other similarly

25  titled individual who is responsible for the financial

26  operation of the clinic, including billings for patient care

27  and services. The applicant must comply with the procedures

28  for level 2 background screening as set forth in chapter 435,

29  as well as the requirements of s. 435.03(3).

30         (b)  The agency may require background screening of any

31  other individual who is an applicant if the agency has


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  1  probable cause to believe that he or she has been convicted of

  2  a crime or has committed any other offense prohibited under

  3  the level 2 standards for screening set forth in chapter 435.

  4         (c)  Proof of compliance with the level 2 background

  5  screening requirements of chapter 435 which has been submitted

  6  within the previous 5 years in compliance with any other

  7  health care licensure requirements of this state is acceptable

  8  in fulfillment of the requirements of paragraph (a).

  9         (d)  A provisional license may be granted to an

10  applicant when each individual required by this section to

11  undergo background screening has met the standards for the

12  abuse registry background check and the Department of Law

13  Enforcement background check, but the agency has not yet

14  received background screening results from the Federal Bureau

15  of Investigation, or a request for a disqualification

16  exemption has been submitted to the agency as set forth in

17  chapter 435 but a response has not yet been issued. A standard

18  license may be granted to the applicant upon the agency's

19  receipt of a report of the results of the Federal Bureau of

20  Investigation background screening for each individual

21  required by this section to undergo background screening which

22  confirms that all standards have been met, or upon the

23  granting of a disqualification exemption by the agency as set

24  forth in chapter 435. Any other person who is required to

25  undergo level 2 background screening may serve in his or her

26  capacity pending the agency's receipt of the report from the

27  Federal Bureau of Investigation. However, the person may not

28  continue to serve if the report indicates any violation of

29  background screening standards and a disqualification

30  exemption has not been requested of and granted by the agency

31  as set forth in chapter 435.


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  1         (e)  Each applicant must submit to the agency, with its

  2  application, a description and explanation of any exclusions,

  3  permanent suspensions, or terminations of the applicant from

  4  the Medicare or Medicaid programs. Proof of compliance with

  5  the requirements for disclosure of ownership and control

  6  interests under the Medicaid or Medicare programs shall be

  7  accepted in lieu of this submission.

  8         (f)  Each applicant must submit to the agency a

  9  description and explanation of any conviction of an offense

10  prohibited under the level 2 standards of chapter 435 by a

11  member of the board of directors of the applicant, its

12  officers, or any individual owning 5 percent or more of the

13  applicant. This requirement does not apply to a director of a

14  not-for-profit corporation or organization if the director

15  serves solely in a voluntary capacity for the corporation or

16  organization, does not regularly take part in the day-to-day

17  operational decisions of the corporation or organization,

18  receives no remuneration for his or her services on the

19  corporation or organization's board of directors, and has no

20  financial interest and has no family members with a financial

21  interest in the corporation or organization, provided that the

22  director and the not-for-profit corporation or organization

23  include in the application a statement affirming that the

24  director's relationship to the corporation satisfies the

25  requirements of this paragraph.

26         (g)  A license may not be granted to an applicant if

27  the applicant or managing employee has been found guilty of,

28  regardless of adjudication, or has entered a plea of nolo

29  contendere or guilty to, any offense prohibited under the

30  level 2 standards for screening set forth in chapter 435,

31


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  1  unless an exemption from disqualification has been granted by

  2  the agency as set forth in chapter 435.

  3         (h)  The agency may deny or revoke licensure if the

  4  applicant:

  5         1.  Has falsely represented a material fact in the

  6  application required by paragraph (e) or paragraph (f), or has

  7  omitted any material fact from the application required by

  8  paragraph (e) or paragraph (f); or

  9         2.  Has had prior action taken against the applicant

10  under the Medicaid or Medicare program as set forth in

11  paragraph (e).

12         (i)  An application for license renewal must contain

13  the information required under paragraphs (e) and (f).

14         Section 22.  Subsection (5) is added to section

15  391.206, Florida Statutes, to read:

16         391.206  Initial application for license.--

17         (5)  Each applicant for licensure must comply with the

18  following requirements:

19         (a)  Upon receipt of a completed, signed, and dated

20  application, the agency shall require background screening, in

21  accordance with the level 2 standards for screening set forth

22  in chapter 435, of the operator, and of the financial officer,

23  or other similarly titled individual who is responsible for

24  the financial operation of the center, including billings for

25  patient care and services.  The applicant must comply with the

26  procedures for level 2 background screening as set forth in

27  chapter 435, as well as the requirements of s. 435.03(3).

28         (b)  The agency may require background screening of any

29  other individual who is an applicant if the agency has a

30  reasonable basis for believing that he or she has been

31  convicted of a crime or has committed any other offense


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  1  prohibited under the level 2 standards for screening set forth

  2  in chapter 435.

  3         (c)  Proof of compliance with the level 2 background

  4  screening requirements of chapter 435 which has been submitted

  5  within the previous 5 years in compliance with any other

  6  health care licensure requirements of this state is acceptable

  7  in fulfillment of the requirements of paragraph (a).

  8         (d)  A provisional license may be granted to an

  9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  abuse registry background check and the Department of Law

12  Enforcement background check, but the agency has not yet

13  received background screening results from the Federal Bureau

14  of Investigation, or a request for a disqualification

15  exemption has been submitted to the agency as set forth in

16  chapter 435 but a response has not yet been issued. A standard

17  license may be granted to the applicant upon the agency's

18  receipt of a report of the results of the Federal Bureau of

19  Investigation background screening for each individual

20  required by this section to undergo background screening which

21  confirms that all standards have been met, or upon the

22  granting of a disqualification exemption by the agency as set

23  forth in chapter 435. Any other person who is required to

24  undergo level 2 background screening may serve in his or her

25  capacity pending the agency's receipt of the report from the

26  Federal Bureau of Investigation. However, the person may not

27  continue to serve if the report indicates any violation of

28  background screening standards and a disqualification

29  exemption has not been requested of and granted by the agency

30  as set forth in chapter 435.

31


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  1         (e)  Each applicant must submit to the agency, with its

  2  application, a description and explanation of any exclusions,

  3  permanent suspensions, or terminations of the applicant from

  4  the Medicare or Medicaid programs. Proof of compliance with

  5  the requirements for disclosure of ownership and control

  6  interests under the Medicaid or Medicare programs shall be

  7  accepted in lieu of this submission.

  8         (f)  Each applicant must submit to the agency a

  9  description and explanation of any conviction of an offense

10  prohibited under the level 2 standards of chapter 435 by a

11  member of the board of directors of the applicant, its

12  officers, or any individual owning 5 percent or more of the

13  applicant. This requirement does not apply to a director of a

14  not-for-profit corporation or organization if the director

15  serves solely in a voluntary capacity for the corporation or

16  organization, does not regularly take part in the day-to-day

17  operational decisions of the corporation or organization,

18  receives no remuneration for his or her services on the

19  corporation or organization's board of directors, and has no

20  financial interest and has no family members with a financial

21  interest in the corporation or organization, provided that the

22  director and the not-for-profit corporation or organization

23  include in the application a statement affirming that the

24  director's relationship to the corporation satisfies the

25  requirements of this paragraph.

26         (g)  A license may not be granted to an applicant if

27  the applicant or managing employee has been found guilty of,

28  regardless of adjudication, or has entered a plea of nolo

29  contendere or guilty to, any offense prohibited under the

30  level 2 standards for screening set forth in chapter 435,

31


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  1  unless an exemption from disqualification has been granted by

  2  the agency as set forth in chapter 435.

  3         (h)  The agency may deny or revoke licensure if the

  4  applicant:

  5         1.  Has falsely represented a material fact in the

  6  application required by paragraph (e) or paragraph (f), or has

  7  omitted any material fact from the application required by

  8  paragraph (e) or paragraph (f); or

  9         2.  Has had prior action taken against the applicant

10  under the Medicaid or Medicare program as set forth in

11  paragraph (e).

12         (i)  An application for license renewal must contain

13  the information required under paragraphs (e) and (f).

14         Section 23.  Present subsections (2) through (53) of

15  section 393.063, Florida Statutes, are renumbered as

16  subsections (3) through (54), respectively, and a new

17  subsection (2) is added to that section, to read:

18         393.063  Definitions.--For the purposes of this

19  chapter:

20         (2)  "Agency" means the Agency for Health Care

21  Administration.

22         Section 24.  Present subsections (6) through (18) of

23  section 393.067, Florida Statutes, are renumbered as

24  subsections (7) through (19), respectively, and a new

25  subsection (6) is added to that section, to read:

26         393.067  Licensure of residential facilities and

27  comprehensive transitional education programs.--

28         (6)  Each applicant for licensure as an intermediate

29  care facility for the developmentally disabled must comply

30  with the following requirements:

31


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  1         (a)  Upon receipt of a completed, signed, and dated

  2  application, the agency shall require background screening, in

  3  accordance with the level 2 standards for screening set forth

  4  in chapter 435, of the managing employee, or other similarly

  5  titled individual who is responsible for the daily operation

  6  of the facility, and of the financial officer, or other

  7  similarly titled individual who is responsible for the

  8  financial operation of the center, including billings for

  9  resident care and services.  The applicant must comply with

10  the procedures for level 2 background screening as set forth

11  in chapter 435, as well as the requirements of s. 435.03(3).

12         (b)  The agency may require background screening of any

13  other individual who is an applicant if the agency has

14  probable cause to believe that he or she has been convicted of

15  a crime or has committed any other offense prohibited under

16  the level 2 standards for screening set forth in chapter 435.

17         (c)  Proof of compliance with the level 2 background

18  screening requirements of chapter 435 which has been submitted

19  within the previous 5 years in compliance with any other

20  health care licensure requirements of this state is acceptable

21  in fulfillment of the requirements of paragraph (a).

22         (d)  A provisional license may be granted to an

23  applicant when each individual required by this section to

24  undergo background screening has met the standards for the

25  abuse registry background check and the Department of Law

26  Enforcement background check, but the agency has not yet

27  received background screening results from the Federal Bureau

28  of Investigation, or a request for a disqualification

29  exemption has been submitted to the agency as set forth in

30  chapter 435 but a response has not yet been issued. A standard

31  license may be granted to the applicant upon the agency's


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  1  receipt of a report of the results of the Federal Bureau of

  2  Investigation background screening for each individual

  3  required by this section to undergo background screening which

  4  confirms that all standards have been met, or upon the

  5  granting of a disqualification exemption by the agency as set

  6  forth in chapter 435. Any other person who is required to

  7  undergo level 2 background screening may serve in his or her

  8  capacity pending the agency's receipt of the report from the

  9  Federal Bureau of Investigation. However, the person may not

10  continue to serve if the report indicates any violation of

11  background screening standards and a disqualification

12  exemption has not been requested of and granted by the agency

13  as set forth in chapter 435.

14         (e)  Each applicant must submit to the agency, with its

15  application, a description and explanation of any exclusions,

16  permanent suspensions, or terminations of the applicant from

17  the Medicare or Medicaid programs. Proof of compliance with

18  the requirements for disclosure of ownership and control

19  interests under the Medicaid or Medicare programs shall be

20  accepted in lieu of this submission.

21         (f)  Each applicant must submit to the agency a

22  description and explanation of any conviction of an offense

23  prohibited under the level 2 standards of chapter 435 by a

24  member of the board of directors of the applicant, its

25  officers, or any individual owning 5 percent or more of the

26  applicant. This requirement does not apply to a director of a

27  not-for-profit corporation or organization if the director

28  serves solely in a voluntary capacity for the corporation or

29  organization, does not regularly take part in the day-to-day

30  operational decisions of the corporation or organization,

31  receives no remuneration for his or her services on the


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  1  corporation or organization's board of directors, and has no

  2  financial interest and has no family members with a financial

  3  interest in the corporation or organization, provided that the

  4  director and the not-for-profit corporation or organization

  5  include in the application a statement affirming that the

  6  director's relationship to the corporation satisfies the

  7  requirements of this paragraph.

  8         (g)  A license may not be granted to an applicant if

  9  the applicant or managing employee has been found guilty of,

10  regardless of adjudication, or has entered a plea of nolo

11  contendere or guilty to, any offense prohibited under the

12  level 2 standards for screening set forth in chapter 435,

13  unless an exemption from disqualification has been granted by

14  the agency as set forth in chapter 435.

15         (h)  The agency may deny or revoke licensure if the

16  applicant:

17         1.  Has falsely represented a material fact in the

18  application required by paragraph (e) or paragraph (f), or has

19  omitted any material fact from the application required by

20  paragraph (e) or paragraph (f); or

21         2.  Has had prior action taken against the applicant

22  under the Medicaid or Medicare program as set forth in

23  paragraph (e).

24         (i)  An application for license renewal must contain

25  the information required under paragraphs (e) and (f).

26         Section 25.  Subsection (7) of section 394.4787,

27  Florida Statutes, is amended to read:

28         394.4787  Definitions.--As used in this section and ss.

29  394.4786, 394.4788, and 394.4789:

30

31


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  1         (7)  "Specialty psychiatric hospital" means a hospital

  2  licensed by the agency pursuant to s. 395.002(30) s.

  3  395.002(27) as a specialty psychiatric hospital.

  4         Section 26.  Section 394.67, Florida Statutes, is

  5  amended to read:

  6         394.67  Definitions.--As When used in this part, unless

  7  the context clearly requires otherwise, the term:

  8         (1)  "Advisory council" means a district advisory

  9  council.

10         (2)  "Agency" means the Agency for Health Care

11  Administration.

12         (2)  "Alcohol, drug abuse, and mental health planning

13  council" or "council" means the council within a Department of

14  Health and Rehabilitative Services district or subdistrict

15  established in accordance with the provisions of this part for

16  the purpose of assessing the alcohol, drug abuse, and mental

17  health needs of the community and developing a plan to address

18  those needs.

19         (3)  "Applicant" means an individual applicant, or any

20  officer, director, agent, managing employee, or affiliated

21  person, or any partner or shareholder having an ownership

22  interest equal to a 5-percent or greater interest in the

23  corporation, partnership, or other business entity.

24         (4)  "Client" means any individual receiving services

25  in any alcohol, drug abuse, or mental health facility,

26  program, or service, which facility, program, or service is

27  operated, funded, or regulated by the agency and the

28  department or regulated by the agency.

29         (5)  "Crisis stabilization unit" means a program that

30  provides an alternative to inpatient hospitalization and that

31  provides brief, intensive services 24 hours a day, 7 days a


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  1  week, for mentally ill individuals who are in an acutely

  2  disturbed state.

  3         (6)(3)  "Department" means the Department of Children

  4  and Family Health and Rehabilitative Services.

  5         (7)  "Director" means any member of the official board

  6  of directors reported in the organization's annual corporate

  7  report to the Florida Department of State, or, if no such

  8  report is made, any member of the operating board of

  9  directors. The term excludes members of separate, restricted

10  boards that serve only in an advisory capacity to the

11  operating board.

12         (8)(4)  "District administrator" means the person

13  appointed by the Secretary of Children and Family Health and

14  Rehabilitative Services for the purpose of administering a

15  department service district as set forth in s. 20.19.

16         (9)(5)  "District plan" or "plan" means the combined

17  district alcohol, drug abuse, and mental health plan prepared

18  by the alcohol, drug abuse, and mental health planning council

19  and approved by the district administrator and governing

20  bodies in accordance with this part.

21         (10)(6)  "Federal funds" means funds from federal

22  sources for alcohol, drug abuse, or mental health facilities

23  and programs, exclusive of federal funds that are deemed

24  eligible by the Federal Government, and are eligible through

25  state regulation, for matching purposes.

26         (11)(7)  "Governing body" means the chief legislative

27  body of a county, a board of county commissioners, or boards

28  of county commissioners in counties acting jointly, or their

29  counterparts in a charter government.

30         (12)  "Licensed facility" means a facility licensed in

31  accordance with this chapter.


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  1         (13)(8)  "Local matching funds" means funds received

  2  from governing bodies of local government, including city

  3  commissions, county commissions, district school boards,

  4  special tax districts, private hospital funds, private gifts,

  5  both individual and corporate, and bequests and funds received

  6  from community drives or any other sources.

  7         (14)  "Managing employee" means the administrator or

  8  other similarly titled individual who is responsible for the

  9  daily operation of the facility.

10         (15)(9)  "Patient fees" means compensation received by

11  a community alcohol, drug abuse, or mental health facility for

12  services rendered to clients from any source of funds,

13  including city, county, state, federal, and private sources.

14         (16)  "Premises" means those buildings, beds, and

15  facilities located at the main address of the licensee and all

16  other buildings, beds, and facilities for the provision of

17  acute or residential care which are located in such reasonable

18  proximity to the main address of the licensee as to appear to

19  the public to be under the dominion and control of the

20  licensee.

21         (17)(10)  "Program office" means the Alcohol, Drug

22  Abuse, and Mental Health Program Office of the Department of

23  Children and Family Health and Rehabilitative Services.

24         (18)  "Residential treatment facility" means a facility

25  providing residential care and treatment to individuals

26  exhibiting symptoms of mental illness who are in need of a

27  24-hour-per-day, 7-day-a-week structured living environment,

28  respite care, or long-term community placement.

29         (19)(11)  "Service district" means a community service

30  district as established by the department under s. 20.19 for

31


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  1  the purpose of providing community alcohol, drug abuse, and

  2  mental health services.

  3         (20)(12)  "Service provider" means any agency in which

  4  all or any portion of the programs or services set forth in s.

  5  394.675 are carried out.

  6         (13)  "Crisis stabilization unit" means a program

  7  providing an alternative to inpatient hospitalization and

  8  which provides brief, intensive services 24 hours a day, 7

  9  days a week, for mentally ill individuals who are in an

10  acutely disturbed state.

11         (14)  "Residential treatment facility" means a facility

12  providing residential care and treatment to individuals

13  exhibiting symptoms of mental illness who are in need of a

14  24-hour, 7-day-a-week structured living environment, respite

15  care, or long-term community placement.  Residential treatment

16  facility shall also include short-term residential treatment

17  facilities for treatment of mental illness.

18         (15)  "Licensed facility" means a facility licensed in

19  accordance with this chapter.

20         (16)  "Premises" means those buildings, beds, and

21  facilities located at the main address of the licensee and all

22  other buildings, beds, and facilities for the provision of

23  acute or residential care located in such reasonable proximity

24  to the main address of the licensee as to appear to the public

25  to be under the dominion and control of the licensee.

26         (17)  "Client" means any individual receiving services

27  in any alcohol, drug abuse, or mental health facility,

28  program, or service, which facility, program, or service is

29  operated, funded, or regulated by the Department of Health and

30  Rehabilitative Services.

31


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  1         Section 27.  Section 394.875, Florida Statutes, is

  2  amended to read:

  3         394.875  Crisis stabilization units and residential

  4  treatment facilities; authorized services; license required;

  5  penalties.--

  6         (1)(a)  The purpose of a crisis stabilization unit is

  7  to stabilize and redirect a client to the most appropriate and

  8  least restrictive community setting available, consistent with

  9  the client's needs.  Crisis stabilization units may screen,

10  assess, and admit for stabilization persons who present

11  themselves to the unit and persons who are brought to the unit

12  under s. 394.463.  Clients may be provided 24-hour

13  observation, medication prescribed by a physician or

14  psychiatrist, and other appropriate services.  Crisis

15  stabilization units shall provide services regardless of the

16  client's ability to pay and shall be limited in size to a

17  maximum of 30 beds.

18         (b)  The purpose of a residential treatment facility is

19  to be a part of a comprehensive treatment program for mentally

20  ill individuals in a community-based residential setting.

21         (2)  After July 1, 1986, It is unlawful for any entity

22  to hold itself out as a crisis stabilization unit or a

23  residential treatment facility, or to act as a crisis

24  stabilization unit or a residential treatment facility, unless

25  it is licensed by the agency department pursuant to this

26  chapter.

27         (3)  Any person who violates subsection (2) is guilty

28  of a misdemeanor of the first degree, punishable as provided

29  in s. 775.082 or s. 775.083.

30         (4)  The agency department may maintain an action in

31  circuit court to enjoin the unlawful operation of a crisis


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  1  stabilization unit or a residential treatment facility if the

  2  agency department first gives the violator 14 days' notice of

  3  its intention to maintain such action and if the violator

  4  fails to apply for licensure within such 14-day period.

  5         (5)  Subsection (2) does not apply to:

  6         (a)  Homes for special services licensed under chapter

  7  400;

  8         (b)  Nursing homes licensed under chapter 400; or

  9         (c)  Residential child caring facilities licensed under

10  s. 409.175.

11         (6)  The department, in consultation with the agency,

12  may establish multiple license classifications for residential

13  treatment facilities.

14         (7)  The agency may department shall not issue a

15  license to a crisis stabilization unit unless the unit

16  receives state mental health funds and is affiliated with a

17  designated public receiving facility.

18         (8)  The agency department may issue a license for a

19  crisis stabilization unit or short-term residential treatment

20  facility, certifying the number of authorized beds for such

21  facility as indicated by existing need and available

22  appropriations.  The agency department may disapprove an

23  application for such a license if it determines that a

24  facility should not be licensed pursuant to the provisions of

25  this chapter.  Any facility operating beds in excess of those

26  authorized by the agency department shall, upon demand of the

27  agency department, reduce the number of beds to the authorized

28  number, forfeit its license, or provide evidence of a license

29  issued pursuant to chapter 395 for the excess beds.

30         (9)  A children's crisis stabilization unit which does

31  not exceed 20 licensed beds and which provides separate


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  1  facilities or a distinct part of a facility, separate

  2  staffing, and treatment exclusively for minors may be located

  3  on the same premises as a crisis stabilization unit serving

  4  adults.  The department, in consultation with the agency,

  5  shall adopt promulgate rules governing facility construction,

  6  staffing and licensure requirements, and the operation of such

  7  units for minors.

  8         (10)  Notwithstanding the provisions of subsection (8),

  9  crisis stabilization units may not exceed their licensed

10  capacity by more than 10 percent, nor may they exceed their

11  licensed capacity for more than 3 consecutive working days or

12  for more than 7 days in 1 month.

13         (11)  Notwithstanding the other provisions of this

14  section, any facility licensed under chapters 396 and 397 for

15  detoxification, residential level I care, and outpatient

16  treatment may elect to license concurrently all of the beds at

17  such facility both for that purpose and as a long-term

18  residential treatment facility pursuant to this section, if

19  all of the following conditions are met:

20         (a)  The licensure application is received by the

21  department prior to January 1, 1993.

22         (b)  On January 1, 1993, the facility was licensed

23  under chapters 396 and 397 as a facility for detoxification,

24  residential level I care, and outpatient treatment of

25  substance abuse.

26         (c)  The facility restricted its practice to the

27  treatment of law enforcement personnel for a period of at

28  least 12 months beginning after January 1, 1992.

29         (d)  The number of beds to be licensed under chapter

30  394 is equal to or less than the number of beds licensed under

31  chapters 396 and 397 as of January 1, 1993.


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  1         (e)  The licensee agrees in writing to a condition

  2  placed upon the license that the facility will limit its

  3  treatment exclusively to law enforcement personnel and their

  4  immediate families who are seeking admission on a voluntary

  5  basis and who are exhibiting symptoms of posttraumatic stress

  6  disorder or other mental health problems, including drug or

  7  alcohol abuse, which are directly related to law enforcement

  8  work and which are amenable to verbal treatment therapies; the

  9  licensee agrees to coordinate the provision of appropriate

10  postresidential care for discharged individuals; and the

11  licensee further agrees in writing that a failure to meet any

12  condition specified in this paragraph shall constitute grounds

13  for a revocation of the facility's license as a residential

14  treatment facility.

15         (f)  The licensee agrees that the facility will meet

16  all licensure requirements for a residential treatment

17  facility, including minimum standards for compliance with

18  lifesafety requirements, except those licensure requirements

19  which are in express conflict with the conditions and other

20  provisions specified in this subsection.

21         (g)  The licensee agrees that the conditions stated in

22  this subsection must be agreed to in writing by any person

23  acquiring the facility by any means.

24

25  Any facility licensed under this subsection is not required to

26  provide any services to any persons except those included in

27  the specified conditions of licensure, and is exempt from any

28  requirements related to the 60-day or greater average length

29  of stay imposed on community-based residential treatment

30  facilities otherwise licensed under this chapter.

31


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  1         (12)  Each applicant for licensure must comply with the

  2  following requirements:

  3         (a)  Upon receipt of a completed, signed, and dated

  4  application, the agency shall require background screening, in

  5  accordance with the level 2 standards for screening set forth

  6  in chapter 435,  of the managing employee and financial

  7  officer, or other similarly titled individual who is

  8  responsible for the financial operation of the facility,

  9  including billings for client care and services. The applicant

10  must comply with the procedures for level 2 background

11  screening as set forth in chapter 435, as well as the

12  requirements of s. 435.03(3).

13         (b)  The agency may require background screening of any

14  other individual who is an applicant if the agency has

15  probable cause to believe that he or she has been convicted of

16  a crime or has committed any other offense prohibited under

17  the level 2 standards for screening set forth in chapter 435.

18         (c)  Proof of compliance with the level 2 background

19  screening requirements of chapter 435 which has been submitted

20  within the previous 5 years in compliance with any other

21  healthcare licensure requirements of this state is acceptable

22  in fulfillment of the requirements of paragraph (a).

23         (d)  A provisional license may be granted to an

24  applicant when each individual required by this section to

25  undergo background screening has met the standards for the

26  abuse registry background check and the Department of Law

27  Enforcement background check, but the agency has not yet

28  received background screening results from the Federal Bureau

29  of Investigation, or a request for a disqualification

30  exemption has been submitted to the agency as set forth in

31  chapter 435 but a response has not yet been issued. A standard


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  1  license may be granted to the applicant upon the agency's

  2  receipt of a report of the results of the Federal Bureau of

  3  Investigation background screening for each individual

  4  required by this section to undergo background screening which

  5  confirms that all standards have been met, or upon the

  6  granting of a disqualification exemption by the agency as set

  7  forth in chapter 435. Any other person who is required to

  8  undergo level 2 background screening may serve in his or her

  9  capacity pending the agency's receipt of the report from the

10  Federal Bureau of Investigation. However, the person may not

11  continue to serve if the report indicates any violation of

12  background screening standards and a disqualification

13  exemption has not been requested of and granted by the agency

14  as set forth in chapter 435.

15         (e)  Each applicant must submit to the agency, with its

16  application, a description and explanation of any exclusions,

17  permanent suspensions, or terminations of the applicant from

18  the Medicare or Medicaid programs. Proof of compliance with

19  the requirements for disclosure of ownership and control

20  interests under the Medicaid or Medicare programs shall be

21  accepted in lieu of this submission.

22         (f)  Each applicant must submit to the agency a

23  description and explanation of any conviction of an offense

24  prohibited under the level 2 standards of chapter 435 by a

25  member of the board of directors of the applicant, its

26  officers, or any individual owning 5 percent or more of the

27  applicant. This requirement does not apply to a director of a

28  not-for-profit corporation or organization if the director

29  serves solely in a voluntary capacity for the corporation or

30  organization, does not regularly take part in the day-to-day

31  operational decisions of the corporation or organization,


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  1  receives no remuneration for his or her services on the

  2  corporation or organization's board of directors, and has no

  3  financial interest and has no family members with a financial

  4  interest in the corporation or organization, provided that the

  5  director and the not-for-profit corporation or organization

  6  include in the application a statement affirming that the

  7  director's relationship to the corporation satisfies the

  8  requirements of this paragraph.

  9         (g)  A license may not be granted to an applicant if

10  the applicant or managing employee has been found guilty of,

11  regardless of adjudication, or has entered a plea of nolo

12  contendere or guilty to, any offense prohibited under the

13  level 2 standards for screening set forth in chapter 435,

14  unless an exemption from disqualification has been granted by

15  the agency as set forth in chapter 435.

16         (h)  The agency may deny or revoke licensure if the

17  applicant:

18         1.  Has falsely represented a material fact in the

19  application required by paragraph (e) or paragraph (f), or has

20  omitted any material fact from the application required by

21  paragraph (e) or paragraph (f); or

22         2.  Has had prior action taken against the applicant

23  under the Medicaid or Medicare program as set forth in

24  paragraph (e).

25         (i)  An application for license renewal must contain

26  the information required under paragraphs (e) and (f).

27         Section 28.  Section 394.876, Florida Statutes, is

28  amended to read:

29         394.876  Applications.--

30         (1)  Any person desiring to be licensed under this

31  chapter shall apply to the agency department on forms provided


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  1  by the agency department.  The application shall contain the

  2  following:

  3         (a)  The name and address of the applicant, the name of

  4  the unit or facility, and the address of the unit or facility.

  5         (b)1.  If the applicant is a partnership, association,

  6  or other form of entity other than an individual or a

  7  corporation, the name and address of each member or owner of

  8  the entity.

  9         2.  If the applicant is a corporation, the name and

10  address of each director or officer and the name and address

11  of each person holding at least 5 10 percent ownership

12  interest in the corporation.

13         (c)  Such information as the department determines to

14  be necessary to establish the character and competency of the

15  applicant and of the person who is or will be administrator of

16  the unit or facility.

17         (c)(d)  Such information as the department and the

18  agency find determines necessary to determine the ability of

19  the applicant to carry out its responsibilities under this

20  chapter.

21         (2)  The applicant shall furnish proof satisfactory to

22  the agency department of its financial ability to operate the

23  unit or facility in accordance with this chapter.  An

24  applicant for an original license shall submit a balance sheet

25  and a statement projecting revenues, expenses, taxes,

26  extraordinary items, and other credits and charges for the

27  first 6 months of operation.

28         (3)  The applicant shall provide proof of liability

29  insurance coverage in amounts set by the department and the

30  agency by rule.

31


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  1         (4)  The agency department shall accept proof of

  2  accreditation by the Joint Commission on Accreditation of

  3  Hospitals in lieu of the information required by subsection

  4  (1).

  5         Section 29.  Section 394.877, Florida Statutes, is

  6  amended to read:

  7         394.877  Fees.--

  8         (1)  Each application for licensure or renewal must

  9  shall be accompanied by a fee set by the department, in

10  consultation with the agency, by rule.  Such fees shall be

11  reasonably calculated to cover only the cost of regulation

12  under this chapter.

13         (2)  All fees collected under this section shall be

14  deposited in the Mental Health Care Facility Licensing Trust

15  Fund.

16         Section 30.  Subsections (1), (2), (5), and (6) of

17  section 394.878, Florida Statutes, are amended to read:

18         394.878  Issuance and renewal of licenses.--

19         (1)  Upon review of the application for licensure and

20  receipt of appropriate fees, the agency department shall issue

21  an original or renewal license to any applicant that meets the

22  requirements of this chapter.

23         (2)  A license is valid for a period of 1 year.  An

24  applicant for renewal of a license shall apply to the agency

25  department no later than 90 days before expiration of the

26  current license.

27         (5)  The agency department may issue a probationary

28  license to an applicant that has completed the application

29  requirements of this chapter but has not, at the time of the

30  application, developed an operational crisis stabilization

31  unit or residential treatment facility.  The probationary


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  1  license shall expire 90 days after issuance and may once be

  2  renewed for an additional 90-day period. The agency department

  3  may cancel a probationary license at any time.

  4         (6)  The agency department may issue an interim license

  5  to an applicant that has substantially completed all

  6  application requirements and has initiated action to fully

  7  meet such requirements.  The interim license shall expire 90

  8  days after issuance and, in cases of extreme hardship, may

  9  once be renewed for an additional 90-day period.

10         Section 31.  Section 394.879, Florida Statutes, is

11  amended to read:

12         394.879  Rules; enforcement.--

13         (1)  The department, in consultation with the agency,

14  shall adopt reasonable rules to implement this chapter,

15  including, at a minimum, rules providing standards to ensure

16  that:

17         (a)  Sufficient numbers and types of qualified

18  personnel are on duty and available at all times to provide

19  necessary and adequate client safety and care.

20         (b)  Adequate space is provided each client of a

21  licensed facility.

22         (c)  Licensed facilities are limited to an appropriate

23  number of beds.

24         (d)  Each licensee establishes and implements adequate

25  infection control, housekeeping, sanitation, disaster

26  planning, and medical recordkeeping.

27         (e)  Licensed facilities are established, organized,

28  and operated in accordance with programmatic standards of the

29  department.

30         (2)  Minimum firesafety standards shall be established

31  and enforced by the State Fire Marshal in cooperation with the


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  1  department.  Such standards shall be included in the rule

  2  adopted by the department after consultation with the State

  3  Fire Marshal.

  4         (3)  The department, in consultation with the agency,

  5  shall allow any licensed facility in operation at the time of

  6  adoption of any rule a reasonable period, not to exceed 1

  7  year, to bring itself into compliance with such rule.

  8         (4)  The agency department may impose an administrative

  9  penalty of no more than $500 per day against any licensee that

10  violates any rule adopted pursuant to this section and may

11  suspend or revoke the license or deny the renewal application

12  of such licensee.  In imposing such penalty, the agency

13  department shall consider the severity of the violation,

14  actions taken by the licensee to correct the violation, and

15  previous violations by the licensee. Fines collected under

16  this subsection shall be deposited in the Mental Health

17  Facility Licensing Trust Fund.

18         Section 32.  Section 394.90, Florida Statutes, is

19  amended to read:

20         394.90  Inspection; right of entry; records.--

21         (1)(a)  The department and the agency may enter and

22  inspect at any time a licensed facility to determine whether

23  the facility is in compliance with this chapter and the rules

24  of the department.

25         (b)  The department and the agency may enter and

26  inspect any premises that it has probable cause to suspect may

27  be operating as an unlicensed crisis stabilization unit or

28  residential treatment facility; however, such entry and

29  inspection shall be made only with the permission of the

30  person in charge of such premises or pursuant to warrant.

31


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  1         (c)  Any application for licensure under this chapter

  2  constitutes full permission for the department and the agency

  3  to enter and inspect the premises of the applicant or licensee

  4  at any time.

  5         (2)  For purposes of monitoring and investigation, the

  6  department and the Agency for Health Care Administration shall

  7  have access to the clinical records of any client of a

  8  licensee or designated facility, the provisions of s. 394.4615

  9  to the contrary notwithstanding.

10         (3)  The agency department shall schedule periodic

11  inspections of licensees so as to minimize the cost to the

12  licensees and the disruption of the licensees' programs.  This

13  subsection shall not be construed to limit the authority of

14  the department and the agency to inspect the facilities of a

15  licensee at any time.

16         (4)  Each licensee shall maintain as public

17  information, available to any person upon request, copies of

18  all reports of inspections of the licensee filed with or

19  issued by any governmental agency during the preceding 5-year

20  period.  The licensee shall furnish a copy of the most recent

21  inspection report of the agency department to any person upon

22  payment of a reasonable charge for copying.

23         (5)(a)  The agency department may accept, in lieu of

24  its own inspections for licensure, the survey or inspection of

25  an accrediting organization, if the provider is accredited and

26  the agency department receives the report of the accrediting

27  organization. The department, in consultation with the agency,

28  shall develop, and adopt by rule, specific criteria for

29  assuring that the accrediting organization has specific

30  standards and experience related to the program area being

31  licensed, specific criteria for accepting the standards and


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  1  survey methodologies of an accrediting organization,

  2  delineations of the obligations of accrediting organizations

  3  to assure adherence to those standards, criteria for

  4  receiving, accepting and maintaining the confidentiality of

  5  the survey and corrective action reports, and allowance for

  6  the agency's department's participation in surveys.

  7         (b)  The agency department shall conduct compliance

  8  investigations and sample validation inspections to evaluate

  9  the inspection process of accrediting organizations to ensure

10  minimum standards are maintained as provided in Florida

11  statute and rule. The agency department may conduct a

12  lifesafety inspection in calendar years in which an

13  accrediting organization survey is not conducted and shall

14  conduct a full state inspection, including a lifesafety

15  inspection, if an accrediting organization survey has not been

16  conducted within the previous 36 months.  The agency

17  department, by accepting the survey or inspection of an

18  accrediting organization, does not forfeit its right to

19  perform inspections.

20         Section 33.  Section 394.902, Florida Statutes, is

21  amended to read:

22         394.902  Denial, suspension, and revocation; other

23  remedies.--

24         (1)  The agency department may issue an emergency order

25  suspending or revoking a license if the agency department

26  determines that the continued operation of the licensed

27  facility presents a clear and present danger to the public

28  health or safety.

29         (2)  The agency department may impose a moratorium on

30  elective admissions to a licensee or any program or portion of

31  a licensed facility if the agency department determines that


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  1  any condition in the facility presents a threat to the public

  2  health or safety.

  3         (3)  If the agency department determines that an

  4  applicant or licensee is not in compliance with this chapter

  5  or the rules adopted under this chapter, the agency department

  6  may deny, suspend, or revoke the license or application or may

  7  suspend, revoke, or impose reasonable restrictions on any

  8  portion of the license.  If a license is revoked, the licensee

  9  is barred from submitting any application for licensure to the

10  agency department for a period of 6 months following

11  revocation.

12         (4)  The agency department may maintain an action in

13  circuit court to enjoin the operation of any licensed or

14  unlicensed facility in violation of this chapter or the rules

15  adopted under this chapter.

16         (5)  License denial, suspension, or revocation

17  procedures shall be in accordance with chapter 120.

18         Section 34.  Subsections (1), (2), and (11) of section

19  394.903, Florida Statutes, are amended to read:

20         394.903  Receivership proceedings.--

21         (1)  The agency, independently or in conjunction with

22  the department may petition a court of competent jurisdiction

23  for the appointment of a receiver for a crisis stabilization

24  unit or a residential treatment facility when any of the

25  following conditions exist:

26         (a)  Any person is operating a unit or facility without

27  a license and refuses to make application for a license as

28  required by this part.

29         (b)  The licensee is closing the unit or facility or

30  has informed the agency department that it intends to close

31  and adequate arrangements have not been made for relocation of


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  1  the residents within 7 days, exclusive of weekends and

  2  holidays, of the closing of the unit or facility.

  3         (c)  The agency department determines that conditions

  4  exist in the unit or facility which present an imminent danger

  5  to the health, safety, or welfare of the residents of the unit

  6  or facility or a substantial probability that death or serious

  7  physical harm would result therefrom.  The agency department

  8  shall, whenever possible, facilitate the continued operation

  9  of the program.

10         (d)  The licensee cannot meet its financial obligations

11  for providing food, shelter, care, and utilities.  Issuance of

12  bad checks or accumulation of delinquent bills for such items

13  as personnel salaries, food, drugs, or utilities constitutes

14  shall constitute prima facie evidence that the ownership of

15  the unit or facility lacks the financial ability to operate

16  the unit or facility in accordance with the requirements of

17  this chapter and all rules adopted under this chapter

18  hereunder.

19         (2)  Petitions for receivership shall take precedence

20  over other court business unless the court determines that

21  some other pending proceeding, having similar statutory

22  precedence, shall have priority.  A hearing shall be conducted

23  within 5 days after of the filing of the petition, at which

24  time all interested parties shall have the opportunity to

25  present evidence pertaining to the petition.  The agency

26  department shall notify the owner or operator of the unit or

27  facility named in the petition of its filing and the dates for

28  the hearing.  The court shall grant the petition only upon

29  finding that the health, safety, and welfare of residents of

30  the unit or facility would be threatened if a condition

31  existing at the time the petition was filed is permitted to


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  1  continue.  A receiver shall not be appointed ex parte unless

  2  the court determines that one or more of the conditions of

  3  subsection (1) exist and that the owner or operator cannot be

  4  found, that all reasonable means of locating the owner or

  5  operator and notifying him or her of the petition and hearing

  6  have been exhausted, or that the owner or operator after

  7  notification of the hearing chooses not to attend.  After such

  8  findings, the court may appoint any person qualified by

  9  education, training, or experience to carry out the

10  responsibilities of receiver pursuant to this section, except

11  that it shall not appoint any owner or affiliate of the unit

12  or facility which is in receivership.  Prior to the

13  appointment as receiver of a person who is the operator,

14  manager, or supervisor of another unit or facility, the court

15  shall determine that the person can reasonably operate,

16  manage, or supervise more than one unit or facility.  The

17  receiver may be appointed for up to 90 days, with the option

18  of petitioning the court for 30-day extensions.  The receiver

19  may be selected from a list of persons qualified to act as

20  receivers developed by the agency department and presented to

21  the court with each petition for receivership.  Under no

22  circumstances shall The agency or department or a designated

23  departmental employee of either, may not be appointed as a

24  receiver for more than 60 days; however, such the departmental

25  receiver may petition the court for 30-day extensions.  The

26  agency department may petition the court to appoint a

27  substitute receiver. The court shall grant the extension upon

28  a showing of good cause. During the first 60 days of the

29  receivership, the agency may department shall not take action

30  to decertify or revoke the license of a unit or facility

31  unless conditions causing imminent danger to the health and


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  1  welfare of the residents exist and a receiver has been unable

  2  to remove those conditions.  After the first 60 days of

  3  receivership, and every 60 days thereafter until the

  4  receivership is terminated, the agency department shall submit

  5  to the court the results of an assessment of the unit's or

  6  facility's ability to assure the safety and care of the

  7  residents.  If the conditions at the unit or facility or the

  8  intentions of the owner indicate that the purpose of the

  9  receivership is to close the unit or facility rather than to

10  facilitate its continued operations, the department, in

11  consultation with the agency, shall place the residents in

12  appropriate alternative residential settings as quickly as

13  possible.  If, in the opinion of the court, the agency

14  department has not been diligent in its efforts to make

15  adequate placement arrangements, the court may find the agency

16  department to be in contempt and shall order the agency

17  department to submit its plans for moving the residents.

18         (11)  Nothing in this section shall be construed to

19  relieve any owner, operator, or employee of a unit or facility

20  placed in receivership of any civil or criminal liability

21  incurred, or any duty imposed by law, by reason of acts or

22  omissions of the owner, operator, or employee prior to the

23  appointment of a receiver; nor shall anything contained in

24  this section be construed to suspend during the receivership

25  any obligation of the owner, operator, or employee for payment

26  of taxes or other operating and maintenance expenses of the

27  unit or facility or of the owner, operator, or employee or any

28  other person for the payment of mortgages or liens.  The owner

29  shall retain the right to sell or mortgage any unit or

30  facility under receivership, subject to approval of the court

31  which ordered the receivership.  Receivership imposed under


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  1  the provisions of this chapter shall be subject to the Mental

  2  Health Care Facility Licensing Trust Fund pursuant to s.

  3  394.904.  The owner of a facility placed in receivership by

  4  the court shall be liable for all expenses and costs incurred

  5  by the Mental Health Care Facility Licensing Trust Fund which

  6  occur as a result of the receivership.

  7         Section 35.  Section 394.904, Florida Statutes, is

  8  amended to read:

  9         394.904  Mental Health Care Facility Licensing Trust

10  Fund.--There is created in the State Treasury the Mental

11  Health Care Facility Licensing Trust Fund.  All moneys

12  collected by the agency department pursuant to this chapter

13  shall be deposited in the trust fund.  Moneys in the trust

14  fund shall be appropriated to the agency department for the

15  purpose of covering the cost of regulation of facilities

16  licensed under this chapter and any other purpose related to

17  enforcement of this chapter.

18         Section 36.  Subsections (1), (2), (3), (7), (8), and

19  (9) of section 394.907, Florida Statutes, are amended to read:

20         394.907  Community mental health centers; quality

21  assurance programs.--

22         (1)  As used in this section, the term "community

23  mental health center" means a publicly funded, not-for-profit

24  center that which contracts with the department for the

25  provision of inpatient, outpatient, day treatment, or

26  emergency services.

27         (2)  Effective April 1, 1989, Any community mental

28  health center and any facility licensed pursuant to s. 394.875

29  shall have an ongoing quality assurance program. The purpose

30  of the quality assurance program shall be to objectively and

31  systematically monitor and evaluate the appropriateness and


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  1  quality of client care, to ensure that services are rendered

  2  consistent with reasonable, prevailing professional standards

  3  and to resolve identified problems.

  4         (3)  Each facility shall develop a written plan that

  5  which addresses the minimum guidelines for the quality

  6  assurance program. Such guidelines shall include, but are not

  7  limited to:

  8         (a)  Standards for the provision of client care and

  9  treatment practices;

10         (b)  Procedures for the maintenance of client records;

11         (c)  Policies and procedures for staff development;

12         (d)  Standards for facility safety and maintenance;

13         (e)  Procedures for peer review and resource

14  utilization;

15         (f)  Policies and procedures for adverse incident

16  reporting to include verification of corrective action to

17  remediate or minimize incidents and for reporting such

18  incidents to the department by a timeframe as prescribed by

19  rule.

20

21  Such plan shall be submitted to the governing board for

22  approval and a copy provided to the department.

23         (7)  The department shall have access to all records

24  necessary to determine agency compliance with the provisions

25  of this section. The records of quality assurance programs

26  which relate solely to actions taken in carrying out the

27  provisions of this section, and records obtained by the

28  department to determine agency compliance with the provisions

29  of this section, are confidential and exempt from the

30  provisions of s. 119.07(1). Such records are not admissible in

31  any civil or administrative action, except in disciplinary


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  1  proceedings by the Department of Business and Professional

  2  Regulation and the appropriate regulatory board, nor shall

  3  such records be available to the public as part of the record

  4  of investigation for, and prosecution in disciplinary

  5  proceedings made available to the public by the Department of

  6  Business and Professional Regulation or the appropriate

  7  regulatory board. Meetings or portions of meetings of quality

  8  assurance program committees that relate solely to actions

  9  taken pursuant to this section are exempt from the provisions

10  of s. 286.011.

11         (8)  The department, in consultation with the agency,

12  shall adopt promulgate rules to carry out the provisions of

13  this section.

14         (9)  The provisions of This section does shall not

15  apply to hospitals licensed pursuant to chapter 395 or

16  programs operated within such hospitals.

17         Section 37.  Section 395.002, Florida Statutes, is

18  amended to read:

19         395.002  Definitions.--As used in this chapter:

20         (1)  "Accrediting organizations" means the Joint

21  Commission on Accreditation of Healthcare Organizations, the

22  American Osteopathic Association, the Commission on

23  Accreditation of Rehabilitation Facilities, and the

24  Accreditation Association for Ambulatory Health Care, Inc.

25         (2)  "Adverse or untoward incident," for purposes of

26  reporting to the agency, means an event over which health care

27  personnel could exercise control, which is probably associated

28  in whole or in part with medical intervention rather than the

29  condition for which such intervention occurred, and which

30  causes injury to a patient, and which:

31


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  1         (a)  Is not consistent with or expected to be a

  2  consequence of such medical intervention;

  3         (b)  Occurs as a result of medical intervention to

  4  which the patient has not given his or her informed consent;

  5         (c)  Occurs as the result of any other action or lack

  6  of any other action on the part of the hospital or personnel

  7  of the hospital;

  8         (d)  Results in a surgical procedure being performed on

  9  the wrong patient; or

10         (e)  Results in a surgical procedure being performed

11  that is unrelated to the patient's diagnosis or medical needs.

12         (3)  "Agency" means the Agency for Health Care

13  Administration.

14         (4)  "Ambulatory surgical center" means a facility the

15  primary purpose of which is to provide elective surgical care,

16  in which the patient is admitted to and discharged from such

17  facility within the same working day and is not permitted to

18  stay overnight, and which is not part of a hospital. However,

19  a facility existing for the primary purpose of performing

20  terminations of pregnancy, an office maintained by a physician

21  for the practice of medicine, or an office maintained for the

22  practice of dentistry shall not be construed to be an

23  ambulatory surgical center, provided that any facility or

24  office which is certified or seeks certification as a Medicare

25  ambulatory surgical center shall be licensed as an ambulatory

26  surgical center pursuant to s. 395.003.

27         (5)  "Applicant" means an individual applicant, or any

28  officer, director, or agent, or any partner or shareholder

29  having an ownership interest equal to a 5-percent or greater

30  interest in the corporation, partnership, or other business

31  entity.


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  1         (6)(5)  "Biomedical waste" means any solid or liquid

  2  waste as defined in s. 381.0098(2)(a).

  3         (7)(6)  "Clinical privileges" means the privileges

  4  granted to a physician or other licensed health care

  5  practitioner to render patient care services in a hospital,

  6  but does not include the privilege of admitting patients.

  7         (8)(7)  "Department" means the Department of Health and

  8  Rehabilitative Services.

  9         (9)  "Director" means any member of the official board

10  of directors as reported in the organization's annual

11  corporate report to the Florida Department of State, or, if no

12  such report is made, any member of the operating board of

13  directors. The term excludes members of separate, restricted

14  boards that serve only in an advisory capacity to the

15  operating board.

16         (10)(8)  "Emergency medical condition" means:

17         (a)  A medical condition manifesting itself by acute

18  symptoms of sufficient severity, which may include severe

19  pain, such that the absence of immediate medical attention

20  could reasonably be expected to result in any of the

21  following:

22         1.  Serious jeopardy to patient health, including a

23  pregnant woman or fetus.

24         2.  Serious impairment to bodily functions.

25         3.  Serious dysfunction of any bodily organ or part.

26         (b)  With respect to a pregnant woman:

27         1.  That there is inadequate time to effect safe

28  transfer to another hospital prior to delivery;

29         2.  That a transfer may pose a threat to the health and

30  safety of the patient or fetus; or

31


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  1         3.  That there is evidence of the onset and persistence

  2  of uterine contractions or rupture of the membranes.

  3         (11)(9)  "Emergency services and care" means medical

  4  screening, examination, and evaluation by a physician, or, to

  5  the extent permitted by applicable law, by other appropriate

  6  personnel under the supervision of a physician, to determine

  7  if an emergency medical condition exists and, if it does, the

  8  care, treatment, or surgery by a physician necessary to

  9  relieve or eliminate the emergency medical condition, within

10  the service capability of the facility.

11         (12)(10)  "General hospital" means any facility which

12  meets the provisions of subsection (14)(12) and which

13  regularly makes its facilities and services available to the

14  general population.

15         (13)(11)  "Governmental unit" means the state or any

16  county, municipality, or other political subdivision, or any

17  department, division, board, or other agency of any of the

18  foregoing.

19         (14)(12)  "Hospital" means any establishment that:

20         (a)  Offers services more intensive than those required

21  for room, board, personal services, and general nursing care,

22  and offers facilities and beds for use beyond 24 hours by

23  individuals requiring diagnosis, treatment, or care for

24  illness, injury, deformity, infirmity, abnormality, disease,

25  or pregnancy; and

26         (b)  Regularly makes available at least clinical

27  laboratory services, diagnostic X-ray services, and treatment

28  facilities for surgery or obstetrical care, or other

29  definitive medical treatment of similar extent.

30

31


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  1  However, the provisions of this chapter do not apply to any

  2  institution conducted by or for the adherents of any

  3  well-recognized church or religious denomination that depends

  4  exclusively upon prayer or spiritual means to heal, care for,

  5  or treat any person.  For purposes of local zoning matters,

  6  the term "hospital" includes a medical office building located

  7  on the same premises as a hospital facility, provided the land

  8  on which the medical office building is constructed is zoned

  9  for use as a hospital; provided the premises were zoned for

10  hospital purposes on January 1, 1992.

11         (15)(13)  "Hospital bed" means a hospital accommodation

12  which is ready for immediate occupancy, or is capable of being

13  made ready for occupancy within 48 hours, excluding provision

14  of staffing, and which conforms to minimum space, equipment,

15  and furnishings standards as specified by rule of the

16  department for the provision of services specified in this

17  section to a single patient.

18         (16)(14)  "Initial denial determination" means a

19  determination by a private review agent that the health care

20  services furnished or proposed to be furnished to a patient

21  are inappropriate, not medically necessary, or not reasonable.

22         (17)(15)  "Injury," for purposes of reporting to the

23  agency, means any of the following outcomes if caused by an

24  adverse or untoward incident:

25         (a)  Death;

26         (b)  Brain damage;

27         (c)  Spinal damage;

28         (d)  Permanent disfigurement;

29         (e)  Fracture or dislocation of bones or joints;

30         (f)  Any condition requiring definitive or specialized

31  medical attention which is not consistent with the routine


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  1  management of the patient's case or patient's preexisting

  2  physical condition;

  3         (g)  Any condition requiring surgical intervention to

  4  correct or control;

  5         (h)  Any condition resulting in transfer of the

  6  patient, within or outside the facility, to a unit providing a

  7  more acute level of care;

  8         (i)  Any condition that extends the patient's length of

  9  stay; or

10         (j)  Any condition that results in a limitation of

11  neurological, physical, or sensory function which continues

12  after discharge from the facility.

13         (18)(16)  "Intensive residential treatment programs for

14  children and adolescents" means a specialty hospital

15  accredited by the Joint Commission on Accreditation of

16  Healthcare Organizations which provides 24-hour care and which

17  has the primary functions of diagnosis and treatment of

18  patients under the age of 18 having psychiatric disorders in

19  order to restore such patients to an optimal level of

20  functioning.

21         (19)(17)  "Licensed facility" means a hospital or

22  ambulatory surgical center licensed in accordance with this

23  chapter.

24         (20)(18)  "Lifesafety" means the control and prevention

25  of fire and other life-threatening conditions on a premises

26  for the purpose of preserving human life.

27         (21)  "Managing employee" means the administrator or

28  other similarly titled individual who is responsible for the

29  daily operation of the facility.

30         (22)(19)  "Medical staff" means physicians licensed

31  under chapter 458 or chapter 459 with privileges in a licensed


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  1  facility, as well as other licensed health care practitioners

  2  with clinical privileges as approved by a licensed facility's

  3  governing board.

  4         (23)(20)  "Medically necessary transfer" means a

  5  transfer made necessary because the patient is in immediate

  6  need of treatment for an emergency medical condition for which

  7  the facility lacks service capability or is at service

  8  capacity.

  9         (24)(21)  "Person" means any individual, partnership,

10  corporation, association, or governmental unit.

11         (25)(22)  "Premises" means those buildings, beds, and

12  equipment located at the address of the licensed facility and

13  all other buildings, beds, and equipment for the provision of

14  hospital or ambulatory surgical care located in such

15  reasonable proximity to the address of the licensed facility

16  as to appear to the public to be under the dominion and

17  control of the licensee.

18         (26)(23)  "Private review agent" means any person or

19  entity which performs utilization review services for

20  third-party payors on a contractual basis for outpatient or

21  inpatient services. However, the term shall not include

22  full-time employees, personnel, or staff of health insurers,

23  health maintenance organizations, or hospitals, or wholly

24  owned subsidiaries thereof or affiliates under common

25  ownership, when performing utilization review for their

26  respective hospitals, health maintenance organizations, or

27  insureds of the same insurance group.  For this purpose,

28  health insurers, health maintenance organizations, and

29  hospitals, or wholly owned subsidiaries thereof or affiliates

30  under common ownership, include such entities engaged as

31  administrators of self-insurance as defined in s. 624.031.


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  1         (27)(24)  "Service capability" means all services

  2  offered by the facility where identification of services

  3  offered is evidenced by the appearance of the service in a

  4  patient's medical record or itemized bill.

  5         (28)(25)  "At service capacity" means the temporary

  6  inability of a hospital to provide a service which is within

  7  the service capability of the hospital, due to maximum use of

  8  the service at the time of the request for the service.

  9         (29)(26)  "Specialty bed" means a bed, other than a

10  general bed, designated on the face of the hospital license

11  for a dedicated use.

12         (30)(27)  "Specialty hospital" means any facility which

13  meets the provisions of subsection (14)(12), and which

14  regularly makes available either:

15         (a)  The range of medical services offered by general

16  hospitals, but restricted to a defined age or gender group of

17  the population;

18         (b)  A restricted range of services appropriate to the

19  diagnosis, care, and treatment of patients with specific

20  categories of medical or psychiatric illnesses or disorders;

21  or

22         (c)  Intensive residential treatment programs for

23  children and adolescents as defined in subsection (16).

24         (31)(28)  "Stabilized" means, with respect to an

25  emergency medical condition, that no material deterioration of

26  the condition is likely, within reasonable medical

27  probability, to result from the transfer of the patient from a

28  hospital.

29         (32)(29)  "Utilization review" means a system for

30  reviewing the medical necessity or appropriateness in the

31


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  1  allocation of health care resources of hospital services given

  2  or proposed to be given to a patient or group of patients.

  3         (33)(30)  "Utilization review plan" means a description

  4  of the policies and procedures governing utilization review

  5  activities performed by a private review agent.

  6         (34)(31)  "Validation inspection" means an inspection

  7  of the premises of a licensed facility by the agency to assess

  8  whether a review by an accrediting organization has adequately

  9  evaluated the licensed facility according to minimum state

10  standards.

11         Section 38.  Section 395.0055, Florida Statutes, is

12  created to read:

13         395.0055  Background screening.--Each applicant for

14  licensure must comply with the following requirements:

15         (1)  Upon receipt of a completed, signed, and dated

16  application, the agency shall require background screening of

17  the managing employee in accordance with the level 2 standards

18  for screening set forth in chapter 435, as well as the

19  requirements of s. 435.03(3).

20         (2)  The agency may require background screening for a

21  member of the board of directors of the licensee, or an

22  officer or an individual owning 5 percent or more of the

23  licensee, if the agency has probable cause to believe that

24  such individual has been convicted of an offense prohibited

25  under the level 2 standards for screening set forth in chapter

26  435.

27         (3)  Proof of compliance with the level 2 background

28  screening requirements of chapter 435 which has been submitted

29  within the previous 5 years in compliance with any other

30  health care licensure requirements of this state is acceptable

31  in fulfillment of subsection (1).


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  1         (4)  A provisional license may be granted to an

  2  applicant when each individual required by this section to

  3  undergo background screening has met the standards for the

  4  abuse registry background check and the Department of Law

  5  Enforcement background check, but the agency has not yet

  6  received background screening results from the Federal Bureau

  7  of Investigation, or a request for a disqualification

  8  exemption has been submitted to the agency as set forth in

  9  chapter 435 but a response has not yet been issued.  A

10  standard license may be granted to the applicant upon the

11  agency's receipt of a report of the results of the Federal

12  Bureau of Investigation background screening for each

13  individual required by this section to undergo background

14  screening which confirms that all standards have been met, or

15  upon the granting of a disqualification exemption by the

16  agency as set forth in chapter 435.  Any other person who is

17  required to undergo level 2 background screening may serve in

18  his or her capacity pending the agency's receipt of the report

19  from the Federal Bureau of Investigation; however, the person

20  may not continue to serve if the report indicates any

21  violation of background screening standards and a

22  disqualification exemption has not been requested of and

23  granted by the agency as set forth in chapter 435.

24         (5)  Each applicant must submit to the agency, with its

25  application, a description and explanation of any exclusions,

26  permanent suspensions, or terminations of the applicant from

27  the Medicare or Medicaid programs. Proof of compliance with

28  disclosure of ownership and control interest requirements of

29  the Medicaid or Medicare programs shall be accepted in lieu of

30  this submission.

31


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  1         (6)  Each applicant must submit to the agency a

  2  description and explanation of any conviction of an offense

  3  prohibited under the level 2 standards of chapter 435 by a

  4  member of the board of directors of the applicant, its

  5  officers, or any individual owning 5 percent or more of the

  6  applicant.

  7         (7)  This section does not apply to a director of a

  8  not-for-profit corporation or organization if the director

  9  serves solely in a voluntary capacity for the corporation or

10  organization, does not regularly take part in the day-to-day

11  operational decisions of the corporation or organization,

12  receives no remuneration for his or her services on the

13  corporation or organization's board of directors, and has no

14  financial interest and has no family members with a financial

15  interest in the corporation or organization, provided that the

16  director and the not-for-profit corporation or organization

17  include in the application a statement affirming that the

18  director's relationship to the corporation satisfies the

19  requirements of this subsection.

20         (8)  A license may not be granted to an applicant if

21  the applicant or managing employee has been found guilty of,

22  regardless of adjudication, or has entered a plea of nolo

23  contendere or guilty to, any offense prohibited under the

24  level 2 standards for screening set forth in chapter 435,

25  unless an exemption from disqualification has been granted by

26  the agency as set forth in chapter 435.

27         (9)  The agency may deny or revoke licensure if the

28  applicant:

29         (a)  Has falsely represented a material fact in the

30  application required by subsection (5) or subsection (6), or

31


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  1  has omitted any material fact from the application required by

  2  subsection (5) or subsection (6); or

  3         (b)  Has had prior Medicaid or Medicare action taken

  4  against the applicant as set forth in subsection (5).

  5         (10)  An application for license renewal must contain

  6  the information required under subsections (5) and (6).

  7         Section 39.  Present subsections (4), (5), (6), (7),

  8  (8), and (9) of section 395.0199, Florida Statutes, are

  9  renumbered as subsections (5), (6), (7), (8), (9), and (10),

10  respectively, and a new subsection (4) is added to that

11  section, to read:

12         395.0199  Private utilization review.--

13         (4)  Each applicant for registration must comply with

14  the following requirements:

15         (a)  Upon receipt of a completed, signed, and dated

16  application, the agency shall require background screening, in

17  accordance with the level 2 standards for screening set forth

18  in chapter 435, of the managing employee or other similarly

19  titled individual who is responsible for the operation of the

20  entity. The applicant must comply with the procedures for

21  level 2 background screening as set forth in chapter 435, as

22  well as the requirements of s. 435.03(3).

23         (b)  The agency may require background screening of any

24  other individual who is an applicant, if the agency has

25  probable cause to believe that he or she has been convicted of

26  a crime or has committed any other offense prohibited under

27  the level 2 standards for screening set forth in chapter 435.

28         (c)  Proof of compliance with the level 2 background

29  screening requirements of chapter 435 which has been submitted

30  within the previous 5 years in compliance with any other

31


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  1  health care licensure requirements of this state is acceptable

  2  in fulfillment of the requirements of paragraph (a).

  3         (d)  A provisional registration may be granted to an

  4  applicant when each individual required by this section to

  5  undergo background screening has met the standards for the

  6  abuse registry background check and the Department of Law

  7  Enforcement background check, but the agency has not yet

  8  received background screening results from the Federal Bureau

  9  of Investigation, or a request for a disqualification

10  exemption has been submitted to the agency as set forth in

11  chapter 435 but a response has not yet been issued. A standard

12  registration may be granted to the applicant upon the agency's

13  receipt of a report of the results of the Federal Bureau of

14  Investigation background screening for each individual

15  required by this section to undergo background screening which

16  confirms that all standards have been met, or upon the

17  granting of a disqualification exemption by the agency as set

18  forth in chapter 435. Any other person who is required to

19  undergo level 2 background screening may serve in his or her

20  capacity pending the agency's receipt of the report from the

21  Federal Bureau of Investigation. However, the person may not

22  continue to serve if the report indicates any violation of

23  background screening standards and a disqualification

24  exemption has not been requested of and granted by the agency

25  as set forth in chapter 435.

26         (e)  Each applicant must submit to the agency, with its

27  application, a description and explanation of any exclusions,

28  permanent suspensions, or terminations of the applicant from

29  the Medicare or Medicaid programs. Proof of compliance with

30  the requirements for disclosure of ownership and control

31


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  1  interests under the Medicaid or Medicare programs shall be

  2  accepted in lieu of this submission.

  3         (f)  Each applicant must submit to the agency a

  4  description and explanation of any conviction of an offense

  5  prohibited under the level 2 standards of chapter 435 by a

  6  member of the board of directors of the applicant, its

  7  officers, or any individual owning 5 percent or more of the

  8  applicant. This requirement does not apply to a director of a

  9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  A registration may not be granted to an applicant

22  if the applicant or managing employee has been found guilty

23  of, regardless of adjudication, or has entered a plea of nolo

24  contendere or guilty to, any offense prohibited under the

25  level 2 standards for screening set forth in chapter 435,

26  unless an exemption from disqualification has been granted by

27  the agency as set forth in chapter 435.

28         (h)  The agency may deny or revoke the registration if

29  any applicant:

30         1.  Has falsely represented a material fact in the

31  application required by paragraph (e) or paragraph (f), or has


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  1  omitted any material fact from the application required by

  2  paragraph (e) or paragraph (f); or

  3         2.  Has had prior action taken against the applicant

  4  under the Medicaid or Medicare program as set forth in

  5  paragraph (e).

  6         (i)  An application for registration renewal must

  7  contain the information required under paragraphs (e) and (f).

  8         Section 40.  Paragraph (b) of subsection (1) of section

  9  400.051, Florida Statutes, is amended to read:

10         400.051  Homes or institutions exempt from the

11  provisions of this part.--

12         (1)  The following shall be exempt from the provisions

13  of this part:

14         (b)  Any hospital, as defined in s. 395.002(12) s.

15  395.002(10), that is licensed under chapter 395.

16         Section 41.  Paragraph (a) of subsection (2) of section

17  400.071, Florida Statutes, is amended, present subsections

18  (4), (5), (6), (7), and (8) of that section are redesignated

19  as subsections (5), (6), (7), (8), and (9), respectively, and

20  a new subsection (4) is added to that section, to read:

21         400.071  Application for license.--

22         (2)  The application shall be under oath and shall

23  contain the following:

24         (a)  The name, address, and social security number of

25  the applicant if an individual; if the applicant is a firm,

26  partnership, or association, its name, address, and employer

27  identification number (EIN), and the name and address of every

28  member; if the applicant is a corporation, its name, address,

29  and employer identification number (EIN), and the name and

30  address of its director and officers and of each person having

31


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  1  at least a 5-percent 10-percent interest in the corporation;

  2  and the name by which the facility is to be known.

  3         (4)  Each applicant for licensure must comply with the

  4  following requirements:

  5         (a)  Upon receipt of a completed, signed, and dated

  6  application, the agency shall require background screening of

  7  the applicant, in accordance with the level 2 standards for

  8  screening set forth in chapter 435. As used in this

  9  subsection, the term "applicant" means the facility

10  administrator, or similarly titled individual who is

11  responsible for the day-to-day operation of the licensed

12  facility, and the facility financial officer, or similarly

13  titled individual who is responsible for the financial

14  operation of the licensed facility.

15         (b)  The agency may require background screening for a

16  member of the board of directors of the licensee or an officer

17  or an individual owning 5 percent or more of the licensee if

18  the agency has probable cause to belive that such individual

19  has been convicted of an offense prohibited under the level 2

20  standards for screening set forth in chapter 435.

21         (c)  Proof of compliance with the level 2 background

22  screening requirements of chapter 435 which has been submitted

23  within the previous 5 years in compliance with any other

24  health care or assisted living licensure requirements of this

25  state is acceptable in fulfillment of paragraph (a).  Proof of

26  compliance with background screening which has been submitted

27  within the previous 5 years to fulfill the requirements of the

28  Department of Insurance pursuant to chapter 651 as part of an

29  application for a certificate of authority to operate a

30  continuing care retirement community is acceptable in

31


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  1  fulfillment of the Department of Law Enforcement and Federal

  2  Bureau of Investigation background check.

  3         (d)  A provisional license may be granted to an

  4  applicant when each individual required by this section to

  5  undergo background screening has met the standards for the

  6  abuse registry background check and the Department of Law

  7  Enforcement background check, but the agency has not yet

  8  received background screening results from the Federal Bureau

  9  of Investigation, or a request for a disqualification

10  exemption has been submitted to the agency as set forth in

11  chapter 435 but a response has not yet been issued.  A license

12  may be granted to the applicant upon the agency's receipt of a

13  report of the results of the Federal Bureau of Investigation

14  background screening for each individual required by this

15  section to undergo background screening which confirms that

16  all standards have been met, or upon the granting of a

17  disqualification exemption by the agency as set forth in

18  chapter 435.  Any other person who is required to undergo

19  level 2 background screening may serve in his or her capacity

20  pending the agency's receipt of the report from the Federal

21  Bureau of Investigation; however, the person may not continue

22  to serve if the report indicates any violation of background

23  screening standards and a disqualification exemption has not

24  been requested of and granted by the agency as set forth in

25  chapter 435.

26         (e)  Each applicant must submit to the agency, with its

27  application, a description and explanation of any exclusions,

28  permanent suspensions, or terminations of the applicant from

29  the Medicare or Medicaid programs. Proof of compliance with

30  disclosure of ownership and control interest requirements of

31


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  1  the Medicaid or Medicare programs shall be accepted in lieu of

  2  this submission.

  3         (f)  Each applicant must submit to the agency a

  4  description and explanation of any conviction of an offense

  5  prohibited under the level 2 standards of chapter 435 by a

  6  member of the board of directors of the applicant, its

  7  officers, or any individual owning 5 percent or more of the

  8  applicant. This requirement shall not apply to a director of a

  9  not-for-profit corporation or organization if the director

10  serves solely in a voluntary capacity for the corporation or

11  organization, does not regularly take part in the day-to-day

12  operational decisions of the corporation or organization,

13  receives no remuneration for his or her services on the

14  corporation or organization's board of directors, and has no

15  financial interest and has no family members with a financial

16  interest in the corporation or organization, provided that the

17  director and the not-for-profit corporation or organization

18  include in the application a statement affirming that the

19  director's relationship to the corporation satisfies the

20  requirements of this paragraph.

21         (g)  An application for license renewal must contain

22  the information required under paragraphs (e) and (f).

23         Section 42.  Section 400.411, Florida Statutes, is

24  amended to read:

25         400.411  Initial application for license; provisional

26  license.--

27         (1)  Application for a license shall be made to the

28  agency on forms furnished by it and shall be accompanied by

29  the appropriate license fee. The application shall contain

30  sufficient information, as required by rules of the

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  1  department, to establish that the applicant can provide

  2  adequate care.

  3         (2)  The applicant may be an individual owner, a

  4  corporation, a partnership, a firm, an association, or a

  5  governmental entity.

  6         (3)(2)  The application must shall be signed by the

  7  applicant under oath and must shall contain the following:

  8         (a)  The name, address, date of birth, and social

  9  security number of the applicant and the name by which the

10  facility is to be known. Pursuant thereto:

11         1.  If the applicant is a firm, partnership, or

12  association, the application shall contain the name, address,

13  date of birth, and social security number of every member

14  thereof.

15         2.  If the applicant is a corporation, the application

16  shall contain the corporation's its name and address;, the

17  name, address, date of birth, and social security number of

18  each of its directors and officers;, and the name and address

19  of each person having at least a 5-percent ownership

20  10-percent interest in the corporation.

21         (b)  The name and address of any professional service,

22  firm, association, partnership, or corporation that is to

23  provide goods, leases, or services to the facility for which

24  the application is made, if a 5-percent 10-percent or greater

25  ownership interest in the service, firm, association,

26  partnership, or corporation is owned by a person whose name

27  must be listed on the application under paragraph (a).

28         (c)  Information that provides a source to establish

29  the suitable character, financial stability, and competency of

30  the applicant and of each person specified in the application

31  under subparagraph (a)1. or subparagraph (a)2. who has at


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  1  least a 10-percent interest in the firm, partnership,

  2  association, or corporation and, if applicable, of the

  3  administrator, including The name and address of any long-term

  4  care facility with which the applicant, or administrator, or

  5  financial officer has been affiliated through ownership or

  6  employment within 5 years of the date of this license the

  7  application for a license; and a signed affidavit disclosing

  8  any financial or ownership interest that the applicant, or any

  9  person listed in paragraph (a) principal, partner, or

10  shareholder thereof, holds or has held within the last 5 years

11  in any other facility licensed under this part, or in any

12  other entity licensed by this the state or another state to

13  provide health or residential care, which facility or entity

14  closed or ceased to operate as a result of financial problems,

15  or has had a receiver appointed or a license denied, suspended

16  or revoked, or was subject to a moratorium on admissions, or

17  has had an injunctive proceeding initiated against it.

18         (d)  A description and explanation of any exclusions,

19  permanent suspensions, or terminations of the applicant from

20  the Medicare or Medicaid programs. Proof of compliance with

21  disclosure of ownership and control interest requirements of

22  the Medicaid or Medicare programs shall be accepted in lieu of

23  this submission.

24         (e)(d)  The names and addresses of other persons of

25  whom the agency may inquire as to the character, and

26  reputation, and financial responsibility of the owner

27  applicant and, if different from the applicant, applicable, of

28  the administrator and financial officer.

29         (e)  The names and addresses of other persons of whom

30  the agency may inquire as to the financial responsibility of

31  the applicant.


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  1         (f)  Identification of all other homes or facilities,

  2  including the addresses and the license or licenses under

  3  which they operate, if applicable, which are currently

  4  operated by the applicant or administrator and which provide

  5  housing, meals, and personal services to residents adults.

  6         (g)  Such other reasonable information as may be

  7  required by the agency to evaluate the ability of the

  8  applicant to meet the responsibilities entailed under this

  9  part.

10         (g)(h)  The location of the facility for which a

11  license is sought and documentation, signed by the appropriate

12  local government official, which states that the applicant has

13  met local zoning requirements.

14         (h)(i)  The name, address, date of birth, social

15  security number, education, and experience of the

16  administrator, if different from the applicant.

17         (4)(3)  The applicant shall furnish satisfactory proof

18  of financial ability to operate and conduct the facility in

19  accordance with the requirements of this part. A certificate

20  of authority, pursuant to chapter 651, may be provided as

21  proof of financial ability. An applicant applying for an

22  initial license shall submit a balance sheet setting forth the

23  assets and liabilities of the owner and a statement projecting

24  revenues, expenses, taxes, extraordinary items, and other

25  credits or charges for the first 12 months of operation of the

26  facility.

27         (5)(4)  If the applicant is a continuing care facility

28  certified under offers continuing care agreements, as defined

29  in chapter 651, a copy of the facility's proof shall be

30  furnished that the applicant has obtained a certificate of

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  1  authority must be provided as required for operation under

  2  that chapter.

  3         (6)(5)  The applicant shall provide proof of liability

  4  insurance as defined in s. 624.605.

  5         (7)(6)  If the applicant is a community residential

  6  home, the applicant must provide proof that it has met the

  7  requirements specified in chapter 419 shall apply to community

  8  residential homes zoned single-family or multifamily.

  9         (8)(7)  The applicant must provide the agency with

10  proof of legal right to occupy the property.  This proof may

11  include, but is not limited to, copies of recorded warranty

12  deeds, or copies of lease or rental agreements, contracts for

13  deeds, quitclaim deeds, or other such documentation.

14         (9)(8)  The applicant must furnish proof that the

15  facility has received a satisfactory firesafety inspection.

16  The local fire marshal or other authority having jurisdiction

17  or the State Fire Marshal must conduct the inspection within

18  30 days after the written request by the applicant. If an

19  authority having jurisdiction does not have a certified

20  firesafety inspector, the State Fire Marshal shall conduct the

21  inspection.

22         (10)  The applicant must furnish documentation of a

23  satisfactory sanitation inspection of the facility by the

24  county health department.

25         (11)  The applicant must furnish proof of compliance

26  with level 2 background screening as required under s.

27  400.4174.

28         (12)(9)  A provisional license may be issued to an

29  applicant making initial application for licensure or making

30  application for a change of ownership.  A provisional license

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  1  shall be limited in duration to a specific period of time not

  2  to exceed 6 months, as determined by the agency.

  3         (13)(10)  A No county or municipality may not shall

  4  issue an occupational license that which is being obtained for

  5  the purpose of operating a facility regulated under this part

  6  without first ascertaining that the applicant has been

  7  licensed to operate such facility at the specified location or

  8  locations by the agency.  The agency shall furnish to local

  9  agencies responsible for issuing occupational licenses

10  sufficient instruction for making such the above-required

11  determinations.

12         Section 43.  Section 400.414, Florida Statutes, is

13  amended to read:

14         400.414  Denial, revocation, or suspension of license;

15  imposition of administrative fine; grounds.--

16         (1)  The agency may deny, revoke, or suspend any a

17  license issued under this part, or impose an administrative

18  fine in the manner provided in chapter 120, for. At the

19  chapter 120 hearing, the agency shall prove by a preponderance

20  of the evidence that its actions are warranted.

21         (2)  any of the following actions by an assisted living

22  a facility, any person subject to level 2 background screening

23  under s. 400.4174, or facility or its employee shall be

24  grounds for action by the agency against a licensee:

25         (a)  An intentional or negligent act seriously

26  affecting the health, safety, or welfare of a resident of the

27  facility.

28         (b)  The determination by the agency that the facility

29  owner or administrator is not of suitable character or

30  competency, or that the owner lacks the financial ability, to

31  provide continuing adequate care to residents, pursuant to the


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  1  information obtained through s. 400.411, s. 400.417, or s.

  2  400.434.

  3         (c)  Misappropriation or conversion of the property of

  4  a resident of the facility.

  5         (d)  Failure to follow the criteria and procedures

  6  provided under part I of chapter 394 relating to the

  7  transportation, voluntary admission, and involuntary

  8  examination of a facility resident.

  9         (e)  One or more class I, three or more class II, or

10  five or more repeated or recurring identical or similar class

11  III violations that are similar or identical to violations of

12  this part which were identified by the agency within the last

13  2 years during the last biennial inspection, monitoring visit,

14  or complaint investigation and which, in the aggregate, affect

15  the health, safety, or welfare of the facility residents.

16         (f)  A determination that a person subject to level 2

17  background screening under s. 400.4174(1) does not meet the

18  screening standards of s. 435.04 or that the facility is

19  retaining an employee subject to level 1 background screening

20  standards under s. 400.4174(2) who does not meet the screening

21  standards of s. 435.03 and for whom exemptions from

22  disqualification have not been provided by the agency.

23         (g)(f)  A confirmed report of adult abuse, neglect, or

24  exploitation, as defined in s. 415.102, which has been upheld

25  following a chapter 120 hearing or a waiver of such

26  proceedings where the perpetrator is an employee, volunteer,

27  administrator, or owner, or otherwise has access to the

28  residents of a facility, and the owner or administrator has

29  not taken action to remove the perpetrator. Exemptions from

30  disqualification may be granted as set forth in s. 435.07. No

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  1  administrative action may be taken against the facility if the

  2  perpetrator is granted an exemption.

  3         (h)(g)  Violation of a moratorium.

  4         (i)(h)  Failure of the license applicant, the licensee

  5  during relicensure, or failure of a licensee that holds a

  6  provisional an initial or change of ownership license, to meet

  7  minimum license standards or the requirements of rules adopted

  8  under this part or related rules, at the time of license

  9  application or renewal.

10         (j)(i)  A fraudulent statement or omission of any

11  material fact on an application for a license or any other

12  document required by the agency, including the submission of a

13  license application that conceals the fact that any board

14  member, officer, or person owning 5 percent or more of the

15  facility may not meet the background screening requirements of

16  s. 400.4174, or that the applicant has been excluded,

17  permanently suspended, or terminated from the Medicaid or

18  Medicare programs that is signed and notarized.

19         (k)(j)  An intentional or negligent life-threatening

20  act in violation of the uniform firesafety standards for

21  assisted living facilities or other firesafety standards

22  established by the State Fire Marshal, that threatens the

23  health, safety, or welfare of a resident of a facility, as

24  communicated to the agency by the State Fire Marshal, a local

25  fire marshal, or other authority having jurisdiction or the

26  State Fire Marshal.

27         (l)  Exclusion, permanent suspension, or termination

28  from the Medicare or Medicaid programs.

29         (m)  Knowingly operating any unlicensed facility or

30  providing without a license any service that must be licensed

31  under this chapter.


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  1

  2  Administrative proceedings challenging agency action under

  3  this subsection shall be reviewed on the basis of the facts

  4  and conditions that resulted in the agency action.

  5         (3)  Proceedings brought under paragraphs (2)(a), (c),

  6  (e), and (j) shall not be subject to de novo review.

  7         (2)(4)  Upon notification by the State Fire Marshal,

  8  local fire marshal, or other authority having jurisdiction or

  9  by the State Fire Marshal, the agency may deny or revoke the

10  license of an assisted living a facility that fails to correct

11  cited fire code violations issued by the State Fire Marshal, a

12  local fire marshal, or other authority having jurisdiction,

13  that affect or threaten the health, safety, or welfare of a

14  resident of a facility.

15         (3)  The agency may deny a license to any applicant or

16  to any officer or board member of an applicant who is a firm,

17  corporation, partnership, or association or who owns 5 percent

18  or more of the facility, if the applicant, officer, or board

19  member has or had a 25-percent or greater financial or

20  ownership interest in any other facility licensed under this

21  part, or in any entity licensed by this state or another state

22  to provide health or residential care, which facility or

23  entity during the 5 years prior to the application for a

24  license closed due to financial inability to operate; had a

25  receiver appointed or a license denied, suspended, or revoked;

26  was subject to a moratorium on admissions; had an injunctive

27  proceeding initiated against it; or has an outstanding fine

28  assessed under this chapter.

29         (4)  The agency shall deny or revoke the license of an

30  assisted living facility that has two or more class I

31  violations that are similar or identical to violations


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  1  identified by the agency during a survey, inspection,

  2  monitoring visit, or complaint investigation occurring within

  3  the previous 2 years.

  4         (5)  The agency may deny a license to an applicant who

  5  owns 25 percent or more of, or operates, a facility which,

  6  during the 5 years prior to the application for a license, has

  7  had a license denied, suspended, or revoked pursuant to

  8  subsection (2), or, during the 2 years prior to the

  9  application for a license, has had a moratorium imposed on

10  admissions, has had an injunctive proceeding initiated against

11  it, has had a receiver appointed, was closed due to financial

12  inability to operate, or has an outstanding fine assessed

13  under this part.

14         (5)(6)  An action taken by the agency to suspend, deny,

15  or revoke a facility's license under this part, in which the

16  agency claims that the facility owner or an employee of the

17  facility has threatened the health, safety, or welfare of a

18  resident of the facility, shall, upon receipt of the

19  facility's request for a hearing, be heard by the Division of

20  Administrative Hearings of the Department of Management

21  Services within 120 days after receipt of the facility's the

22  request for a hearing, unless that time limitation period is

23  waived by both parties.  The administrative law judge must

24  render a decision within 30 days after receipt of a proposed

25  recommended order the hearing.

26         (6)(7)  The agency shall provide to the Division of

27  Hotels and Restaurants of the Department of Business and

28  Professional Regulation, on a monthly basis, a list of those

29  assisted living facilities that which have had their licenses

30  denied, suspended, or revoked or that which are involved in an

31


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  1  appellate proceeding pursuant to s. 120.60 related to the

  2  denial, suspension, or revocation of a license.

  3         (7)  Agency notification of a license suspension or

  4  revocation, or denial of a license renewal, shall be posted

  5  and visible to the public at the facility.

  6         Section 44.  Section 400.417, Florida Statutes, is

  7  amended to read:

  8         400.417  Expiration of license; renewal; conditional

  9  license.--

10         (1)  Biennial licenses issued for the operation of a

11  facility, unless sooner suspended or revoked, shall expire

12  automatically 2 years from the date of issuance. Limited

13  nursing, extended congregate care, and limited mental health

14  licenses shall expire at the same time as the facility's

15  standard license, regardless of when issued. The agency shall

16  notify the facility by certified mail at least 120 days prior

17  to the expiration of the license that a renewal license

18  relicensure is necessary to continue operation.  Ninety days

19  prior to the expiration date, an application for renewal shall

20  be submitted to the agency. A license shall be renewed upon

21  the filing of an application on forms furnished by the agency

22  if the applicant has first met the requirements established

23  under this part and all rules promulgated under this part. The

24  failure to file a timely renewal application shall result in a

25  late fee charged to the facility in an amount equal to 50

26  percent of the current fee. in effect on the last preceding

27  regular renewal date.  Late fees shall be deposited into the

28  Health Care Trust Fund as provided in s. 400.418.  The

29  facility shall file with the application satisfactory proof of

30  ability to operate and conduct the facility in accordance with

31  the requirements of this part.


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  1         (2)  A license shall be renewed within 90 days upon the

  2  timely filing of an application on forms furnished by the

  3  agency and the provision of satisfactory proof of ability to

  4  operate and conduct the facility in accordance with the

  5  requirements of this part and adopted rules, including An

  6  applicant for renewal of a license must furnish proof that the

  7  facility has received a satisfactory firesafety inspection,

  8  conducted by the local fire marshal or other authority having

  9  jurisdiction or the State Fire Marshal, within the preceding

10  12 months and an affidavit or compliance with the background

11  screening requirements of s. 400.4174.

12         (3)  An applicant for renewal of a license who has

13  complied on the initial license application with the

14  provisions of s. 400.411 with respect to proof of financial

15  ability to operate shall not be required to provide further

16  proof of financial ability on renewal applications unless the

17  facility or any other facility owned or operated in whole or

18  in part by the same person or business entity has demonstrated

19  financial instability as provided under s. 400.447(2)

20  evidenced by bad checks, delinquent accounts, or nonpayment of

21  withholding taxes, utility expenses, or other essential

22  services or unless the agency suspects that the facility is

23  not financially stable as a result of the annual survey or

24  complaints from the public or a report from the State

25  Long-Term Care Ombudsman Council.  Each facility must shall

26  report to the agency any adverse court action concerning the

27  facility's financial viability, within 7 days after its

28  occurrence.  The agency shall have access to books, records,

29  and any other financial documents maintained by the facility

30  to the extent necessary to determine the facility's financial

31  stability carry out the purpose of this section.  A license


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  1  for the operation of a facility shall not be renewed if the

  2  licensee has any outstanding fines assessed pursuant to this

  3  part which are in final order status.

  4         (4)(2)  A licensee against whom a revocation or

  5  suspension proceeding is pending at the time of license

  6  renewal may be issued a conditional license effective until

  7  final disposition by the agency of such proceeding.  If

  8  judicial relief is sought from the final disposition, the

  9  court having jurisdiction may issue a conditional license for

10  the duration of the judicial proceeding.

11         (5)(3)  A conditional license may be issued to an

12  applicant for license renewal if when the applicant fails to

13  meet all standards and requirements for licensure.  A

14  conditional license issued under this subsection shall be

15  limited in duration to a specific period of time not to exceed

16  6 months, as determined by the agency, and shall be

17  accompanied by an agency-approved approved plan of correction.

18         (6)  When an extended care or limited nursing license

19  is requested during a facility's biennial license period, the

20  fee shall be prorated in order to permit the additional

21  license to expire at the end of the biennial license period.

22  The fee shall be calculated as of the date the additional

23  license application is received by the agency.

24         Section 45.  Section 400.4174, Florida Statutes, is

25  amended to read:

26         400.4174  Background screening; exemptions; reports of

27  abuse in facilities.--

28         (1)(a)  Level 2 background screening must be conducted

29  on each of the following persons, who shall be considered

30  employees for the purposes of conducting screening under

31  chapter 435:


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  1         1.  The facility owner if an individual; the

  2  administrator; and the financial officer.

  3         2.  An officer or board member if the facility owner is

  4  a firm, corporation, partnership, or association, or any

  5  person owning 5 percent or more of the facility if the agency

  6  has probable cause to believe that such person has been

  7  convicted of any offense prohibited by s. 435.04. For each

  8  officer, board member, or person owning 5 percent or more who

  9  has been convicted of any such offense, the facility shall

10  submit to the agency a description and explanation of the

11  conviction at the time of license application. This

12  subparagraph does not apply to a board member of a

13  not-for-profit corporation or organization if the board member

14  serves solely in a voluntary capacity, does not regularly take

15  part in the day-to-day operational decisions of the

16  corporation or organization, receives no remuneration for his

17  or her services, and has no financial interest and has no

18  family members with a financial interest in the corporation or

19  organization, provided that the board member and facility

20  submit a statement affirming that the board member's

21  relationship to the facility satisfies the requirements of

22  this subparagraph.

23         (b)  Proof of compliance with level 2 screening

24  standards which has been submitted within the previous 5 years

25  to meet any facility or professional licensure requirements of

26  the agency or the Department of Health satisfies the

27  requirements of this subsection, provided that such proof is

28  accompanied, under penalty of perjury, by an affidavit of

29  compliance with the provisions of chapter 435. Proof of

30  compliance with the background screening requirements of the

31  Department of Insurance for applicants for a certificate of


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  1  authority to operate a continuing care retirement community

  2  under chapter 651, submitted within the last 5 years,

  3  satisfies the Department of Law Enforcement and Federal Bureau

  4  of Investigation portions of a level 2 background check.

  5         (c)  The agency may grant a provisional license to a

  6  facility applying for an initial license when each individual

  7  required by this subsection to undergo screening has completed

  8  the abuse registry and Department of Law Enforcement

  9  background checks, but has not yet received results from the

10  Federal Bureau of Investigation, or when a request for an

11  exemption from disqualification has been submitted to the

12  agency pursuant to s. 435.07, but a response has not been

13  issued.

14         (2)  The owner or administrator of an assisted living

15  facility must conduct level 1 background screening, as set

16  forth in chapter 435, on all employees hired on or after

17  October 1, 1998, who perform personal services as defined in

18  s. 400.402(16). The agency may exempt an individual from

19  employment disqualification as set forth in chapter 435. Such

20  persons shall be considered as having met this requirement if:

21         (a)  Proof of compliance with level 1 screening

22  requirements obtained to meet any professional license

23  requirements in this state is provided and accompanied, under

24  penalty of perjury, by a copy of the person's current

25  professional license and an affidavit of current compliance

26  with the background screening requirements.

27         (b)  The person required to be screened has been

28  continuously employed in the same type of occupation for which

29  the person is seeking employment without a breach in service

30  which exceeds 180 days, and proof of compliance with the level

31  1 screening requirement which is no more than 2 years old is


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  1  provided. Proof of compliance shall be provided directly from

  2  one employer or contractor to another, and not from the person

  3  screened. Upon request, a copy of screening results shall be

  4  provided by the employer retaining documentation of the

  5  screening to the person screened.

  6         (c)  The person required to be screened is employed by

  7  a corporation or business entity or related corporation or

  8  business entity that owns, operates, or manages more than one

  9  facility or agency licensed under chapter 400, and for whom a

10  level 1 screening was conducted by the corporation or business

11  entity as a condition of initial or continued employment.

12         (3)  When an employee, volunteer, administrator, or

13  owner of a facility is the subject of has a confirmed report

14  of adult abuse, neglect, or exploitation, as defined in s.

15  415.102, or child abuse or neglect, as defined in s. 415.503,

16  and the protective investigator knows that the individual is

17  an employee, volunteer, administrator, or owner of a facility,

18  the agency shall be notified of the confirmed report.

19         Section 46.  Section 400.4176, Florida Statutes, is

20  amended to read:

21         400.4176  Notice of change of administrator.--If,

22  during the period for which a license is issued, the owner

23  changes administrators, the owner must notify the agency of

24  the change within 10 45 days thereof and must provide

25  documentation within 90 days that the new administrator has

26  completed the applicable core educational requirements under

27  s. 400.452.  Background screening shall be completed on any

28  new administrator to establish that the individual is of

29  suitable character as specified in s. 400.4174 ss.

30  400.411(2)(c) and 400.456.

31


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  1         Section 47.  Section 400.461, Florida Statutes, is

  2  amended to read:

  3         400.461  Short title; purpose.--

  4         (1)  This part, consisting of ss. 400.461-400.518 ss.

  5  400.461-400.515, may be cited as the "Home Health Services

  6  Act."

  7         (2)  The purpose of this part is to provide for the

  8  licensure of every home health agency and to provide for the

  9  development, establishment, and enforcement of basic standards

10  that will ensure the safe and adequate care of persons

11  receiving health services in their own homes.

12         Section 48.  A new subsection (4) is added to section

13  400.471, Florida Statutes, and present subsections (4), (5),

14  (6), (7), (8), (9), and (10) of section 400.506, Florida

15  Statutes, are redesignated as subsections (5), (6), (7), (8),

16  (9), (10), and (11), respectively, to read:

17         400.471  Application for license; fee; provisional

18  license; temporary permit.--

19         (4)  Each applicant for licensure must comply with the

20  following requirements:

21         (a)  Upon receipt of a completed, signed, and dated

22  application, the agency shall require background screening of

23  the applicant, in accordance with the level 2 standards for

24  screening set forth in chapter 435. As used in this

25  subsection, the term "applicant" means the administrator, or a

26  similarly titled person who is responsible for the day-to-day

27  operation of the licensed home health agency, and the

28  financial officer, or similarly titled individual who is

29  responsible for the financial operation of the licensed home

30  health agency.

31


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  1         (b)  The agency may require background screening for a

  2  member of the board of directors of the licensee or an officer

  3  or an individual owning 5 percent or more of the licensee if

  4  the agency reasonably suspects that such individual has been

  5  convicted of an offense prohibited under the level 2 standards

  6  for screening set forth in chapter 435.

  7         (c)  Proof of compliance with the level 2 background

  8  screening requirements of chapter 435 which has been submitted

  9  within the previous 5 years in compliance with any other

10  health care or assisted living licensure requirements of this

11  state is acceptable in fulfillment of paragraph (a). Proof of

12  compliance with background screening which has been submitted

13  within the previous 5 years to fulfill the requirements of the

14  Department of Insurance pursuant to chapter 651 as part of an

15  application for a certificate of authority to operate a

16  continuing care retirement community is acceptable in

17  fulfillment of the Department of Law Enforcement and Federal

18  Bureau of Investigation background check.

19         (d)  A provisional license may be granted to an

20  applicant when each individual required by this section to

21  undergo background screening has met the standards for the

22  abuse registry background check and the Department of Law

23  Enforcement background check, but the agency has not yet

24  received background screening results from the Federal Bureau

25  of Investigation. A standard license may be granted to the

26  licensee upon the agency's receipt of a report of the results

27  of the Federal Bureau of Investigation background screening

28  for each individual required by this section to undergo

29  background screening which confirms that all standards have

30  been met, or upon the granting of a disqualification exemption

31  by the agency as set forth in chapter 435. Any other person


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  1  who is required to undergo level 2 background screening may

  2  serve in his or her capacity pending the agency's receipt of

  3  the report from the Federal Bureau of Investigation. However,

  4  the person may not continue to serve if the report indicates

  5  any violation of background screening standards and a

  6  disqualification exemption has not been requested of and

  7  granted by the agency as set forth in chapter 435.

  8         (e)  Each applicant must submit to the agency, with its

  9  application, a description and explanation of any exclusions,

10  permanent suspensions, or terminations of the licensee or

11  potential licensee from the Medicare or Medicaid programs.

12  Proof of compliance with the requirements for disclosure of

13  ownership and control interest under the Medicaid or Medicare

14  programs may be accepted in lieu of this submission.

15         (f)  Each applicant must submit to the agency a

16  description and explanation of any conviction of an offense

17  prohibited under the level 2 standards of chapter 435 by a

18  member of the board of directors of the applicant, its

19  officers, or any individual owning 5 percent or more of the

20  applicant. This requirement does not apply to a director of a

21  not-for-profit corporation or organization if the director

22  serves solely in a voluntary capacity for the corporation or

23  organization, does not regularly take part in the day-to-day

24  operational decisions of the corporation or organization,

25  receives no remuneration for his or her services on the

26  corporation or organization's board of directors, and has no

27  financial interest and has no family members with a financial

28  interest in the corporation or organization, provided that the

29  director and the not-for-profit corporation or organization

30  include in the application a statement affirming that the

31


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  1  director's relationship to the corporation satisfies the

  2  requirements of this paragraph.

  3         (g)  A license may not be granted to an applicant if

  4  the applicant, administrator, or financial officer has been

  5  found guilty of, regardless of adjudication, or has entered a

  6  plea of nolo contendere or guilty to, any offense prohibited

  7  under the level 2 standards for screening set forth in chapter

  8  435, unless an exemption from disqualification has been

  9  granted by the agency as set forth in chapter 435.

10         (h)  The agency may deny or revoke licensure if the

11  applicant:

12         1.  Has falsely represented a material fact in the

13  application required by paragraph (e) or paragraph (f), or has

14  omitted any material fact from the application required by

15  paragraph (e) or paragraph (f); or

16         2.  Has been or is currently excluded, suspended,

17  terminated from, or has involuntarily withdrawn from

18  participation in this state's Medicaid program, or the

19  Medicaid program of any other state, or from participation in

20  the Medicare program or any other governmental or private

21  health care or health insurance program.

22         (i)  An application for license renewal must contain

23  the information required under paragraphs (e) and (f).

24         Section 49.  Present subsections (2), (3), (4), (5),

25  (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and

26  (16) of section 400.506, Florida Statutes, are redesignated as

27  subsections (3), (4), (5), (6), (7), (8), (9), (10), (11),

28  (12), (13), (14), (15), (16), and (17), respectively, and a

29  new subsection (2) is added to that section, to read:

30         400.506  Licensure of nurse registries; requirements;

31  penalties.--


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  1         (2)  Each applicant for licensure must comply with the

  2  following requirements:

  3         (a)  Upon receipt of a completed, signed, and dated

  4  application, the agency shall require background screening, in

  5  accordance with the level 2 standards for screening set forth

  6  in chapter 435, of the managing employee, or other similarly

  7  titled individual who is responsible for the daily operation

  8  of the nurse registry, and of the financial officer, or other

  9  similarly titled individual who is responsible for the

10  financial operation of the registry, including billings for

11  patient care and services.  The applicant shall comply with

12  the procedures for level 2 background screening as set forth

13  in chapter 435.

14         (b)  The agency may require background screening of any

15  other individual who is an applicant if the agency has

16  probable cause to believe that he or she has been convicted of

17  a crime or has committed any other offense prohibited under

18  the level 2 standards for screening set forth in chapter 435.

19         (c)  Proof of compliance with the level 2 background

20  screening requirements of chapter 435 which has been submitted

21  within the previous 5 years in compliance with any other

22  health care or assisted living licensure requirements of this

23  state is acceptable in fulfillment of the requirements of

24  paragraph (a).

25         (d)  A provisional license may be granted to an

26  applicant when each individual required by this section to

27  undergo background screening has met the standards for the

28  abuse registry background check and the Department of Law

29  Enforcement background check but the agency has not yet

30  received background screening results from the Federal Bureau

31  of Investigation. A standard license may be granted to the


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  1  applicant upon the agency's receipt of a report of the results

  2  of the Federal Bureau of Investigation background screening

  3  for each individual required by this section to undergo

  4  background screening which confirms that all standards have

  5  been met, or upon the granting of a disqualification exemption

  6  by the agency as set forth in chapter 435. Any other person

  7  who is required to undergo level 2 background screening may

  8  serve in his or her capacity pending the agency's receipt of

  9  the report from the Federal Bureau of Investigation. However,

10  the person may not continue to serve if the report indicates

11  any violation of background screening standards and a

12  disqualification exemption has not been requested of and

13  granted by the agency as set forth in chapter 435.

14         (e)  Each applicant must submit to the agency, with its

15  application, a description and explanation of any exclusions,

16  permanent suspensions, or terminations of the applicant from

17  the Medicare or Medicaid programs. Proof of compliance with

18  the requirements for disclosure of ownership and control

19  interests under the Medicaid or Medicare programs may be

20  accepted in lieu of this submission.

21         (f)  Each applicant must submit to the agency a

22  description and explanation of any conviction of an offense

23  prohibited under the level 2 standards of chapter 435 by a

24  member of the board of directors of the applicant, its

25  officers, or any individual owning 5 percent or more of the

26  applicant. This requirement does not apply to a director of a

27  not-for-profit corporation or organization if the director

28  serves solely in a voluntary capacity for the corporation or

29  organization, does not regularly take part in the day-to-day

30  operational decisions of the corporation or organization,

31  receives no remuneration for his or her services on the


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  1  corporation or organization's board of directors, and has no

  2  financial interest and has no family members with a financial

  3  interest in the corporation or organization, provided that the

  4  director and the not-for-profit corporation or organization

  5  include in the application a statement affirming that the

  6  director's relationship to the corporation satisfies the

  7  requirements of this paragraph.

  8         (g)  A license may not be granted to an applicant if

  9  the applicant or managing employee has been found guilty of,

10  regardless of adjudication, or has entered a plea of nolo

11  contendere or guilty to, any offense prohibited under the

12  level 2 standards for screening set forth in chapter 435,

13  unless an exemption from disqualification has been granted by

14  the agency as set forth in chapter 435.

15         (h)  The agency may deny or revoke the license if any

16  applicant:

17         1.  Has falsely represented a material fact in the

18  application required by paragraph (e) or paragraph (f), or has

19  omitted any material fact from the application required by

20  paragraph (e) or paragraph (f); or

21         2.  Has had prior action taken against the applicant

22  under the Medicaid or Medicare program as set forth in

23  paragraph (e).

24         (i)  An application for license renewal must contain

25  the information required under paragraphs (e) and (f).

26         Section 50.  Subsection (2) of section 400.555, Florida

27  Statutes, is amended to read:

28         400.555  Application for license.--

29         (2)  The applicant for licensure must furnish:

30         (a)  A description of the physical and mental

31  capabilities and needs of the participants to be served and


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  1  the availability, frequency, and intensity of basic services

  2  and of supportive and optional services to be provided;

  3         (b)  Satisfactory proof of financial ability to operate

  4  and conduct the center in accordance with the requirements of

  5  this part, which must include, in the case of an initial

  6  application, a 1-year operating plan and proof of a 3-month

  7  operating reserve fund; and

  8         (c)  Proof of adequate liability insurance coverage.

  9         (d)  Proof of compliance with level 2 background

10  screening as required under s. 400.5572.

11         (e)  A description and explanation of any exclusions,

12  permanent suspensions, or terminations of the application from

13  the Medicare or Medicaid programs. Proof of compliance with

14  disclosure of ownership and control interest requirements of

15  the Medicare or Medicaid programs shall be accepted in lieu of

16  this submission.

17         Section 51.  Subsection (2) of section 400.556, Florida

18  Statutes, is amended to read:

19         400.556  Denial, suspension, revocation of license;

20  administrative fines; investigations and inspections.--

21         (2)  Each of the following actions by the owner of an

22  adult day care center or by its operator or employee is a

23  ground for action by the agency against the owner of the

24  center or its operator or employee:

25         (a)  An intentional or negligent act materially

26  affecting the health or safety of center participants.

27         (b)  A violation of this part or of any standard or

28  rule under this part.

29         (c)  A failure of persons subject to level 2 background

30  screening under s. 400.4174(1) to meet the screening standards

31  of s. 435.04, or the retention by the center of an employee


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  1  subject to level 1 background screening standards under s.

  2  400.4174(2) who does not meet the screening standards of s.

  3  435.03 and for whom exemptions from disqualification have not

  4  been provided by the agency. A confirmed report of adult

  5  abuse, neglect, or exploitation, as defined in s. 415.102, or

  6  of child abuse or neglect, as defined in s. 415.503, which

  7  report has been upheld following a hearing held pursuant to

  8  chapter 120 or a waiver of such hearing.

  9         (d)  Failure to follow the criteria and procedures

10  provided under part I of chapter 394 relating to the

11  transportation, voluntary admission, and involuntary

12  examination of center participants.

13         (e)  Multiple or repeated violations of this part or of

14  any standard or rule adopted under this part.

15         (f)  Exclusion, permanent suspension, or termination of

16  the owner, if an individual, officer, or board member of the

17  adult day care center, if the owner is a firm, corporation,

18  partnership, or association, or any person owning 5 percent or

19  more of the center, from the Medicare or Medicaid program.

20         Section 52.  Subsection (1) of section 400.557, Florida

21  Statutes, is amended to read:

22         400.557  Expiration of license; renewal; conditional

23  license or permit.--

24         (1)  A license issued for the operation of an adult day

25  care center, unless sooner suspended or revoked, expires 2

26  years after the date of issuance.  The agency shall notify a

27  licensee by certified mail, return receipt requested, at least

28  120 days before the expiration date that license renewal is

29  required to continue operation.  At least 90 days prior to the

30  expiration date, an application for renewal must be submitted

31  to the agency.  A license shall be renewed, upon the filing of


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  1  an application on forms furnished by the agency, if the

  2  applicant has first met the requirements of this part and of

  3  the rules adopted under this part. The applicant must file

  4  with the application satisfactory proof of financial ability

  5  to operate the center in accordance with the requirements of

  6  this part and in accordance with the needs of the participants

  7  to be served and an affidavit of compliance with the

  8  background screening requirements of s. 400.5572.

  9         Section 53.  Section 400.5572, Florida Statutes, is

10  created to read:

11         400.5572  Background screening.--

12         (1)(a)  Level 2 background screening must be conducted

13  on each of the following persons, who shall be considered

14  employees for the purposes of conducting screening under

15  chapter 435:

16         1.  The adult day care center owner if an individual,

17  the operator, and the financial officer.

18         2.  An officer or board member if the owner of the

19  adult day care center is a firm, corporation, partnership, or

20  association, or any person owning 5 percent or more of the

21  facility, if the agency has probable cause to believe that

22  such person has been convicted of any offense prohibited by s.

23  435.04. For each officer, board member, or person owning 5

24  percent or more who has been convicted of any such offense,

25  the facility shall submit to the agency a description and

26  explanation of the conviction at the time of license

27  application. This subparagraph does not apply to a board

28  member of a not-for-profit corporation or organization if the

29  board member serves solely in a voluntary capacity, does not

30  regularly take part in the day-to-day operational decisions of

31  the corporation or organization, receives no remuneration for


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  1  his or her services, and has no financial interest and has no

  2  family members with a financial interest in the corporation or

  3  organization, provided that the board member and facility

  4  submit a statement affirming that the board member's

  5  relationship to the facility satisfies the requirements of

  6  this subparagraph.

  7         (b)  Proof of compliance with level 2 screening

  8  standards which has been submitted within the previous 5 years

  9  to meet any facility or professional licensure requirements of

10  the agency or the Department of Health satisfies the

11  requirements of this subsection.

12         (c)  The agency may grant a provisional license to an

13  adult day care center applying for an initial license when

14  each individual required by this subsection to undergo

15  screening has completed the abuse registry and Department of

16  Law Enforcement background checks, but has not yet received

17  results from the Federal Bureau of Investigation, or when a

18  request for an exemption from disqualification has been

19  submitted to the agency pursuant to s. 435.07, but a response

20  has not been issued.

21         (2)  The owner or administrator of an adult day care

22  center must conduct level 1 background screening as set forth

23  in chapter 435 on all employees hired on or after October 1,

24  1998, who provide basic services or supportive and optional

25  services to the participants. Such persons satisfy this

26  requirement if:

27         (a)  Proof of compliance with level 1 screening

28  requirements obtained to meet any professional license

29  requirements in this state is provided and accompanied, under

30  penalty of perjury, by a copy of the person's current

31


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  1  professional license and an affidavit of current compliance

  2  with the background screening requirements.

  3         (b)  The person required to be screened has been

  4  continuously employed, without a breach in service that

  5  exceeds 180 days, in the same type of occupation for which the

  6  person is seeking employment and provides proof of compliance

  7  with the level 1 screening requirement which is no more than 2

  8  years old. Proof of compliance must be provided directly from

  9  one employer or contractor to another, and not from the person

10  screened. Upon request, a copy of screening results shall be

11  provided to the person screened by the employer retaining

12  documentation of the screening.

13         (c)  The person required to be screened is employed by

14  a corporation or business entity or related corporation or

15  business entity that owns, operates, or manages more than one

16  facility or agency licensed under chapter 400, and for whom a

17  level 1 screening was conducted by the corporation or business

18  entity as a condition of initial or continued employment.

19         (3)  When an employee, volunteer, operator, or owner of

20  an adult day care center is the subject of a confirmed report

21  of adult abuse, neglect, or exploitation, as defined in s.

22  415.102, and the protective investigator knows that the

23  individual is an employee, volunteer, operator, or owner of a

24  center, the agency shall be notified of the confirmed report.

25         Section 54.  Section 400.606, Florida Statutes, is

26  amended to read:

27         400.606  License; application; renewal; conditional

28  license or permit; certificate of need.--

29         (1)  A license application must be filed on a form

30  provided by the agency and must be accompanied by the

31  appropriate license fee as well as satisfactory proof that the


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  1  hospice is in compliance with this part and any rules adopted

  2  by the department and proof of financial ability to operate

  3  and conduct the hospice in accordance with the requirements of

  4  this part.  The initial application must be accompanied by a

  5  plan for the delivery of home, residential, and homelike

  6  inpatient hospice services to terminally ill persons and their

  7  families.  Such plan must contain, but need not be limited to:

  8         (a)  The estimated average number of terminally ill

  9  persons to be served monthly.

10         (b)  The geographic area in which hospice services will

11  be available.

12         (c)  A listing of services which are or will be

13  provided, either directly by the applicant or through

14  contractual arrangements with existing providers.

15         (d)  Provisions for the implementation of hospice home

16  care within 3 months after licensure.

17         (e)  Provisions for the implementation of hospice

18  homelike inpatient care within 12 months after licensure.

19         (f)  The number and disciplines of professional staff

20  to be employed.

21         (g)  The name and qualifications of any existing or

22  potential contractee.

23         (h)  A plan for attracting and training volunteers.

24         (i)  The projected annual operating cost of the

25  hospice.

26         (j)  A statement of financial resources and personnel

27  available to the applicant to deliver hospice care.

28

29  If the applicant is an existing health care provider, the

30  application must be accompanied by a copy of the most recent

31


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  1  profit-loss statement and, if applicable, the most recent

  2  licensure inspection report.

  3         (2)  Each applicant must submit to the agency with its

  4  application a description and explanation of any exclusions,

  5  permanent suspensions, or terminations from the Medicaid or

  6  Medicare programs of the owner, if an individual, of any

  7  officer or board member of the hospice, if the owner is a

  8  firm, corporation, partnership, or association, or of any

  9  person owning 5 percent or more of the hospice. Proof of

10  compliance with disclosure-of-ownership and control-interest

11  requirements of the Medicaid or Medicare programs may be

12  accepted in lieu of this submission.

13         (3)(2)  A license issued for the operation of a

14  hospice, unless sooner suspended or revoked, shall expire

15  automatically 1 year from the date of issuance.  Sixty days

16  prior to the expiration date, a hospice wishing to renew its

17  license shall submit an application for renewal to the agency

18  on forms furnished by the agency.  The agency shall renew the

19  license if the applicant has first met the requirements

20  established under this part and all applicable rules and has

21  provided the information described under this section in

22  subsection (1) in addition to the application.  However, the

23  application for license renewal shall be accompanied by an

24  update of the plan for delivery of hospice care only if

25  information contained in the plan submitted pursuant to

26  subsection (1) is no longer applicable.

27         (4)(3)  A hospice against which a revocation or

28  suspension proceeding is pending at the time of license

29  renewal may be issued a conditional license by the agency

30  effective until final disposition of such proceeding.  If

31  judicial relief is sought from the final agency action, the


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  1  court having jurisdiction may issue a conditional permit for

  2  the duration of the judicial proceeding.

  3         (5)(4)  The agency shall not issue a license to a

  4  hospice that fails to receive a certificate of need under the

  5  provisions of ss. 408.031-408.045. A licensed hospice is a

  6  health care facility as that term is used in s. 408.039(5) and

  7  is entitled to initiate or intervene in an administrative

  8  hearing.

  9         (6)(5)  A freestanding hospice facility that is

10  primarily engaged in providing inpatient and related services

11  and that is not otherwise licensed as a health care facility

12  shall be required to obtain a certificate of need. However, a

13  freestanding hospice facility with six or fewer beds shall not

14  be required to comply with institutional standards such as,

15  but not limited to, standards requiring sprinkler systems,

16  emergency electrical systems, or special lavatory devices.

17         Section 55.  Section 400.6065, Florida Statutes, is

18  created to read:

19         400.6065  Background screening.--

20         (1)  Upon receipt of a completed application under s.

21  400.606, the agency shall require level 2 background screening

22  on each of the following persons, who shall be considered

23  employees for the purposes of conducting screening under

24  chapter 435:

25         (a)  The hospice administrator and financial officer.

26         (b)  An officer or board member if the hospice is a

27  firm, corporation, partnership, or association, or any person

28  owning 5 percent or more of the hospice if the agency has

29  probable cause to believe that such officer, board member, or

30  owner has been convicted of any offense prohibited by s.

31  435.04. For each officer, board member, or person owning 5


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  1  percent or more who has been convicted of any such offense,

  2  the hospice shall submit to the agency a description and

  3  explanation of the conviction at the time of license

  4  application. This paragraph does not apply to a board member

  5  of a not-for-profit corporation or organization if the board

  6  member serves solely in a voluntary capacity, does not

  7  regularly take part in the day-to-day operational decisions of

  8  the corporation or organization, receives no remuneration for

  9  his or her services, and has no financial interest and has no

10  family members with a financial interest in the corporation or

11  organization, provided that the board member and the

12  corporation or organization submit a statement affirming that

13  the board member's relationship to the corporation or

14  organization satisfies the requirements of this paragraph.

15         (2)  Proof of compliance with level 2 screening

16  standards which has been submitted within the previous 5 years

17  to meet any facility or professional licensure requirements of

18  the agency or the Department of Health satisfies the

19  requirements of this section.

20         (3)  The agency may grant a provisional license to a

21  hospice applying for an initial license when each individual

22  required by this section to undergo screening has completed

23  the abuse registry and Department of Law Enforcement

24  background checks but has not yet received results from the

25  Federal Bureau of Investigation.

26         Section 56.  Present subsections (3), (4), (5), and (6)

27  of section 400.607, Florida Statutes, are redesignated as

28  subsections (4), (5), (6), and (7), respectively, and a new

29  subsection (3) is added to that section, to read:

30         400.607  Denial, suspension, or revocation of license;

31  imposition of administrative fine; grounds; injunctions.--


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  1         (3)  The agency may deny or revoke a license upon a

  2  determination that:

  3         (a)  Persons subject to level 2 background screening

  4  under s. 400.6065 do not meet the screening standards of s.

  5  435.04, and exemptions from disqualification have not been

  6  provided by the agency.

  7         (b)  An officer, board member, or person owning 5

  8  percent or more of the hospice has been excluded, permanently

  9  suspended, or terminated from the Medicare or Medicaid

10  programs.

11         Section 57.  Section 400.619, Florida Statutes, is

12  amended to read:

13         400.619  Licensure application and renewal

14  requirements.--

15         (1)  Each person who intends to be a provider of an

16  adult family-care home provider must apply for obtain a

17  license from the agency before caring for a disabled adult or

18  an aged person in the adult family-care home.  Such

19  application must be made at least 90 days before the applicant

20  intends to operate the adult family-care home.

21         (2)  A person who intends to be a provider of an adult

22  family-care home provider must own or rent and live in the

23  adult family-care home that is to be licensed.

24         (3)  Application for a license or annual license

25  renewal to operate an adult family-care home must be made on a

26  form provided by the agency, signed under oath, and must be

27  accompanied by a licensing fee of $100 per year to offset the

28  cost of training and education programs by the Department of

29  Elderly Affairs for providers.

30         (4)  Upon receipt of a license application or license

31  renewal, and the fee, the agency shall initiate level 1


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  1  background screening as provided under chapter 435 on must

  2  check with the abuse registry and the Department of Law

  3  Enforcement concerning the adult family-care home provider,

  4  the designated relief person applicant, all adult household

  5  members, and all staff members. The agency shall also conduct

  6  an onsite visit to the home that is to be licensed.

  7         (a)  Proof of compliance with level 1 screening

  8  standards which has been submitted within the previous 5 years

  9  to meet any facility or professional licensure requirements of

10  the agency or the Department of Health satisfies the

11  requirements of this subsection. Such proof must be

12  accompanied, under penalty of perjury, by a copy of the

13  person's current professional license and an affidavit of

14  current compliance with the background screening requirements.

15         (b)  The person required to be screened must have been

16  continuously employed in the same type of occupation for which

17  the person is seeking employment without a breach in service

18  that exceeds 180 days, and proof of compliance with the level

19  1 screening requirement which is no more than 2 years old must

20  be provided. Proof of compliance shall be provided directly

21  from one employer or contractor to another, and not from the

22  person screened. Upon request, a copy of screening results

23  shall be provided to the person screened by the employer

24  retaining documentation of the screening.

25         (5)  The application must be accompanied by a

26  description and explanation of any exclusions, permanent

27  suspensions, or terminations of the applicant from

28  participation in the Medicaid or Medicare programs or any

29  other governmental health care or health insurance program.

30         (6)  Unless the adult family-care home is a community

31  residential home subject to chapter 419, the applicant must


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  1  provide documentation, signed by the appropriate governmental

  2  official, that the home has met local zoning requirements for

  3  the location for which the license is sought.

  4         (7)(5)  Access to a licensed adult family-care home

  5  must be provided at reasonable times for the appropriate

  6  officials of the department, the Department of Health, the

  7  Department of Children and Family Services and Rehabilitative

  8  Services, the agency, and the State Fire Marshal, who are

  9  responsible for the development and maintenance of fire,

10  health, sanitary, and safety standards, to inspect the

11  facility to assure compliance with these standards.  In

12  addition, access to a licensed adult family-care home must be

13  provided at reasonable times for the long-term care ombudsman

14  council.

15         (8)(6)  A license is effective for 1 year after the

16  date of issuance unless revoked sooner.  Each license must

17  state the name of the provider, the address of the home to

18  which the license applies, and the maximum number of residents

19  of the home.  Failure to timely file a license renewal

20  application shall result in a late fee equal to 50 percent of

21  the license fee. A license may be issued with or without

22  restrictions governing the residents or care offered in the

23  adult family-care home.

24         (9)(7)  A license is not transferable or applicable to

25  any location or person other than the location and or person

26  indicated on the license application for licensure.

27         (10)(8)  The licensed maximum capacity of each adult

28  family-care home is based on the service needs of the

29  residents and the capability of the provider to meet the needs

30  of the residents. Any relative who lives in the adult

31


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  1  family-care home and who is an aged person or a disabled adult

  2  or frail elder must be included in that limitation.

  3         (11)(9)  Each adult family-care home must designate at

  4  least one licensed space for a resident receiving optional

  5  state supplementation as defined in s. 409.212.  The

  6  Department of Children and Family Health and Rehabilitative

  7  Services shall specify by rule the procedures to be followed

  8  for referring residents who receive optional state

  9  supplementation to adult family-care homes.  Those homes

10  licensed as adult foster homes or assisted living facilities

11  prior to January 1, 1994, that convert to adult family-care

12  homes, are exempt from this the requirement of designating one

13  space for a resident receiving optional state supplementation.

14         (12)(10)  The agency may issue a conditional license to

15  a provider for the purpose of bringing the adult family-care

16  home into compliance with licensure requirements.  A

17  conditional license must be limited to a specific period, not

18  exceeding 6 months, as determined by the department, in

19  consultation with the agency.  The department shall, by rule,

20  establish criteria for issuing conditional licenses.

21         (11)  The agency may deny, suspend, or revoke a license

22  for any of the following reasons:

23         (a)  A confirmed report, obtained under s. 415.1075, of

24  abuse, neglect, or exploitation, or conviction of a crime

25  related to abuse, neglect, or exploitation.

26         (b)  A proposed confirmed report that remains unserved

27  and is maintained in the central abuse registry and tracking

28  system pursuant to s. 415.1065(2)(c).

29         (c)  An intentional or negligent act materially

30  affecting the health, safety, or welfare of the adult

31  family-care home residents.


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  1         (d)  A violation of ss. 400.616-400.629 or rules

  2  adopted under ss. 400.616-400.629, including the failure to

  3  comply with any restrictions specified in the license.

  4         (e)  Submission of fraudulent or inaccurate information

  5  to the agency.

  6         (f)  Conviction of a felony involving violence to a

  7  person.

  8         (g)  Failure to pay a civil penalty assessed under this

  9  part.

10         (13)(12)  All moneys collected under this section must

11  be deposited into the Department of Elderly Affairs

12  Administrative Trust Fund and must be used to offset the

13  expenses of departmental training and education for adult

14  family-care home providers.

15         (14)(13)  The department shall adopt rules to implement

16  this section.

17         Section 58.  Section 400.6194, Florida Statutes, is

18  created to read:

19         400.6194  Denial, revocation, or suspension of a

20  license.--The agency may deny, suspend, or revoke a license

21  for any of the following reasons:

22         (1)  Failure of any of the persons required to undergo

23  background screening under s. 400.619 to meet the level 1

24  screening standards of s. 435.03, unless an exemption from

25  disqualification has been provided by the agency.

26         (2)  An intentional or negligent act materially

27  affecting the health, safety, or welfare of the adult

28  family-care home residents.

29         (3)  Submission of fraudulent information or omission

30  of any material fact on a license application or any other

31  document required by the agency.


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  1         (4)  Failure to pay an administrative fine assessed

  2  under this part.

  3         (5)  A violation of this part or adopted rules which

  4  results in conditions or practices that directly threaten the

  5  physical or emotional health, safety, or welfare of residents.

  6         (6)  Failure to correct cited fire code violations that

  7  threaten the health, safety, or welfare of residents.

  8         (7)  Failure to submit a completed initial license

  9  application or to complete an application for license renewal

10  within the specified timeframes.

11         (8)  Exclusion, permanent suspension, or termination of

12  the provider from the Medicare or Medicaid program.

13         Section 59.  Section 400.801, Florida Statutes, is

14  amended to read:

15         400.801  Homes for special services.--

16         (1)  As used in this section, the term:

17         (a)  "Agency" means the "Agency for Health Care

18  Administration."

19         (b)  "Home for special services" means a site where

20  specialized health care services are provided, including

21  personal and custodial care, but not continuous nursing

22  services.

23         (2)  A person must obtain a license from the agency to

24  operate a home for special services.  A license is valid for 1

25  year.

26         (3)  The application for a license under this section

27  must be made on a form provided by the agency.  A

28  nonrefundable license fee of not more than $1,000 must be

29  submitted with the license application.

30         (4)  Each applicant for licensure must comply with the

31  following requirements:


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  1         (a)  Upon receipt of a completed, signed, and dated

  2  application, the agency shall require background screening, in

  3  accordance with the level 2 standards for screening set forth

  4  in chapter 435, of the managing employee, or other similarly

  5  titled individual who is responsible for the daily operation

  6  of the facility, and of the financial officer, or other

  7  similarly titled individual who is responsible for the

  8  financial operation of the facility, including billings for

  9  client care and services, in accordance with the level 2

10  standards for screening set forth in chapter 435.  The

11  applicant must comply with the procedures for level 2

12  background screening as set forth in chapter 435.

13         (b)  The agency may require background screening of any

14  other individual who is an applicant if the agency has

15  probable cause to believe that he or she has been convicted of

16  a crime or has committed any other offense prohibited under

17  the level 2 standards for screening set forth in chapter 435.

18         (c)  Proof of compliance with the level 2 background

19  screening requirements of chapter 435 which has been submitted

20  within the previous 5 years in compliance with any other

21  health care or assisted living licensure requirements of this

22  state is acceptable in fulfillment of the requirements of

23  paragraph (a).

24         (d)  A provisional license may be granted to an

25  applicant when each individual required by this section to

26  undergo background screening has met the standards for the

27  abuse registry background check and the Department of Law

28  Enforcement background check but the agency has not yet

29  received background screening results from the Federal Bureau

30  of Investigation, or a request for a disqualification

31  exemption has been submitted to the agency as set forth in


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  1  chapter 435 but a response has not yet been issued. A standard

  2  license may be granted to the applicant upon the agency's

  3  receipt of a report of the results of the Federal Bureau of

  4  Investigation background screening for each individual

  5  required by this section to undergo background screening which

  6  confirms that all standards have been met, or upon the

  7  granting of a disqualification exemption by the agency as set

  8  forth in chapter 435. Any other person who is required to

  9  undergo level 2 background screening may serve in his or her

10  capacity pending the agency's receipt of the report from the

11  Federal Bureau of Investigation. However, the person may not

12  continue to serve if the report indicates any violation of

13  background screening standards and a disqualification

14  exemption has not been requested of and granted by the agency

15  as set forth in chapter 435.

16         (e)  Each applicant must submit to the agency, with its

17  application, a description and explanation of any exclusions,

18  permanent suspensions, or terminations of the applicant from

19  the Medicare or Medicaid programs. Proof of compliance with

20  the requirements for disclosure of ownership and control

21  interests under the Medicaid or Medicare programs may be

22  accepted in lieu of this submission.

23         (f)  Each applicant must submit to the agency a

24  description and explanation of any conviction of an offense

25  prohibited under the level 2 standards of chapter 435 by a

26  member of the board of directors of the applicant, its

27  officers, or any individual owning 5 percent or more of the

28  applicant. This requirement does not apply to a director of a

29  not-for-profit corporation or organization if the director

30  serves solely in a voluntary capacity for the corporation or

31  organization, does not regularly take part in the day-to-day


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  1  operational decisions of the corporation or organization,

  2  receives no remuneration for his or her services on the

  3  corporation or organization's board of directors, and has no

  4  financial interest and has no family members with a financial

  5  interest in the corporation or organization, provided that the

  6  director and the not-for-profit corporation or organization

  7  include in the application a statement affirming that the

  8  director's relationship to the corporation satisfies the

  9  requirements of this paragraph.

10         (g)  A license may not be granted to an applicant if

11  the applicant or managing employee has been found guilty of,

12  regardless of adjudication, or has entered a plea of nolo

13  contendere or guilty to, any offense prohibited under the

14  level 2 standards for screening set forth in chapter 435,

15  unless an exemption from disqualification has been granted by

16  the agency as set forth in chapter 435.

17         (h)  The agency may deny or revoke licensure if the

18  applicant:

19         1.  Has falsely represented a material fact in the

20  application required by paragraph (e) or paragraph (f), or has

21  omitted any material fact from the application required by

22  paragraph (e) or paragraph (f); or

23         2.  Has had prior action taken against the applicant

24  under the Medicaid or Medicare program as set forth in

25  paragraph (e).

26         (i)  An application for license renewal must contain

27  the information required under paragraphs (e) and (f).

28         (5)(4)  Application for license renewal must be

29  submitted 90 days before the expiration of the license.

30

31


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  1         (6)(5)  A change of ownership or control of a home for

  2  special services must be reported to the agency in writing at

  3  least 60 days before the change is scheduled to take effect.

  4         (7)(6)  The agency shall adopt rules for implementing

  5  and enforcing this section.

  6         (8)(7)(a)  It is unlawful for any person to establish,

  7  conduct, manage, or operate a home for special services

  8  without obtaining a license from the agency.

  9         (b)  It is unlawful for any person to offer or

10  advertise to the public, in any medium whatever, specialized

11  health care services without obtaining a license from the

12  agency.

13         (c)  It is unlawful for a holder of a license issued

14  under this section to advertise or represent to the public

15  that it holds a license for a type of facility other than the

16  facility for which its license is issued.

17         (9)(8)(a)  A violation of any provision of this section

18  or rules adopted by the agency for implementing this section

19  is punishable by payment of an administrative fine not to

20  exceed $5,000.

21         (b)  A violation of subsection (8)(7) or rules adopted

22  under that subsection is a misdemeanor of the first degree,

23  punishable as provided in s. 775.082 or s. 775.083.  Each day

24  of continuing violation is a separate offense.

25         Section 60.  Present subsections (4), (5), and (6) of

26  section 400.805, Florida Statutes, are redesignated as

27  subsections (5), (6), and (7), respectively, present

28  subsections (3) and (7) of that section are redesignated as

29  subsections (4) and (8), respectively, and amended, and a new

30  subsection (3) is added to that section, to read:

31         400.805  Transitional living facilities.--


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  1         (3)  Each applicant for licensure must comply with the

  2  following requirements:

  3         (a)  Upon receipt of a completed, signed, and dated

  4  application, the agency shall require background screening, in

  5  accordance with the level 2 standards for screening set forth

  6  in chapter 435, of the managing employee, or other similarly

  7  titled individual who is responsible for the daily operation

  8  of the facility, and of the financial officer, or other

  9  similarly titled individual who is responsible for the

10  financial operation of the facility, including billings for

11  client care and services. The applicant must comply with the

12  procedures for level 2 background screening as set forth in

13  chapter 435.

14         (b)  The agency may require background screening of any

15  other individual who is an applicant if the agency has

16  probable cause to believe that he or she has been convicted of

17  a crime or has committed any other offense prohibited under

18  the level 2 standards for screening set forth in chapter 435.

19         (c)  Proof of compliance with the level 2 background

20  screening requirements of chapter 435 which has been submitted

21  within the previous 5 years in compliance with any other

22  health care or assisted living licensure requirements of this

23  state is acceptable in fulfillment of the requirements of

24  paragraph (a).

25         (d)  A provisional license may be granted to an

26  applicant when each individual required by this section to

27  undergo background screening has met the standards for the

28  abuse registry background check and the Department of Law

29  Enforcement background check, but the agency has not yet

30  received background screening results from the Federal Bureau

31  of Investigation, or a request for a disqualification


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  1  exemption has been submitted to the agency as set forth in

  2  chapter 435 but a response has not yet been issued. A standard

  3  license may be granted to the applicant upon the agency's

  4  receipt of a report of the results of the Federal Bureau of

  5  Investigation background screening for each individual

  6  required by this section to undergo background screening which

  7  confirms that all standards have been met, or upon the

  8  granting of a disqualification exemption by the agency as set

  9  forth in chapter 435. Any other person who is required to

10  undergo level 2 background screening may serve in his or her

11  capacity pending the agency's receipt of the report from the

12  Federal Bureau of Investigation. However, the person may not

13  continue to serve if the report indicates any violation of

14  background screening standards and a disqualification

15  exemption has not been requested of and granted by the agency

16  as set forth in chapter 435.

17         (e)  Each applicant must submit to the agency, with its

18  application, a description and explanation of any exclusions,

19  permanent suspensions, or terminations of the applicant from

20  the Medicare or Medicaid programs. Proof of compliance with

21  the requirements for disclosure of ownership and control

22  interests under the Medicaid or Medicare programs may be

23  accepted in lieu of this submission.

24         (f)  Each applicant must submit to the agency a

25  description and explanation of any conviction of an offense

26  prohibited under the level 2 standards of chapter 435 by a

27  member of the board of directors of the applicant, its

28  officers, or any individual owning 5 percent or more of the

29  applicant. This requirement does not apply to a director of a

30  not-for-profit corporation or organization if the director

31  serves solely in a voluntary capacity for the corporation or


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  1  organization, does not regularly take part in the day-to-day

  2  operational decisions of the corporation or organization,

  3  receives no remuneration for his or her services on the

  4  corporation or organization's board of directors, and has no

  5  financial interest and has no family members with a financial

  6  interest in the corporation or organization, provided that the

  7  director and the not-for-profit corporation or organization

  8  include in the application a statement affirming that the

  9  director's relationship to the corporation satisfies the

10  requirements of this paragraph.

11         (g)  A license may not be granted to an applicant if

12  the applicant or managing employee has been found guilty of,

13  regardless of adjudication, or has entered a plea of nolo

14  contendere or guilty to, any offense prohibited under the

15  level 2 standards for screening set forth in chapter 435,

16  unless an exemption from disqualification has been granted by

17  the agency as set forth in chapter 435.

18         (h)  The agency may deny or revoke licensure if the

19  applicant:

20         1.  Has falsely represented a material fact in the

21  application required by paragraph (e) or paragraph (f), or has

22  omitted any material fact from the application required by

23  paragraph (e) or paragraph (f); or

24         2.  Has had prior action taken against the applicant

25  under the Medicaid or Medicare program as set forth in

26  paragraph (e).

27         (i)  An application for license renewal must contain

28  the information required under paragraphs (e) and (f).

29         (4)(3)  An application for renewal of license must be

30  submitted 90 days before the expiration of the license.  Upon

31  renewal of licensure, each applicant must submit to the


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  1  agency, under penalty of perjury, an affidavit as set forth in

  2  s. 400.805(3)(d).

  3         (8)(7)(a)  A violation of any provision of this section

  4  or rules adopted by the agency or division under this section

  5  is punishable by payment of an administrative or a civil

  6  penalty fine not to exceed $5,000.

  7         (b)  A violation of subsection (7)(6) or rules adopted

  8  under that subsection is a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083.  Each day

10  of a continuing violation is a separate offense.

11         Section 61.  Subsection (2) of section 430.04, Florida

12  Statutes, is amended to read:

13         430.04  Duties and responsibilities of the Department

14  of Elderly Affairs.--The Department of Elderly Affairs shall:

15         (2)  Be responsible for ensuring that each area agency

16  on aging operates in a manner to ensure that the elderly of

17  this state receive the best services possible.  The department

18  shall rescind designation of an area agency on aging or take

19  intermediate measures against the agency, including corrective

20  action, unannounced special monitoring, temporary assumption

21  of operation of one or more programs by the department,

22  placement on probationary status, imposing a moratorium on

23  agency action, imposing financial penalties for

24  nonperformance, or other administrative action pursuant to

25  chapter 120, if the department finds that:

26         (a)  An intentional or negligent act of the agency has

27  materially affected the health, welfare, or safety of clients,

28  or substantially and negatively affected the operation of an

29  aging services program.

30

31


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  1         (b)  The agency lacks financial stability sufficient to

  2  meet contractual obligations or that contractual funds have

  3  been misappropriated.

  4         (c)  The agency has committed multiple or repeated

  5  violations of legal and regulatory requirements or department

  6  standards.

  7         (d)  The agency has failed to continue the provision or

  8  expansion of services after the declaration of a state of

  9  emergency.

10         (e)  The agency has failed to adhere to the terms of

11  its contract with the department.

12         (f)  The agency has failed to implement and maintain a

13  department-approved client grievance resolution procedure.

14         Section 62.  Paragraphs (i) and (k) of subsection (3)

15  of section 455.654, Florida Statutes, are amended to read:

16         455.654  Financial arrangements between referring

17  health care providers and providers of health care services.--

18         (3)  DEFINITIONS.--For the purpose of this section, the

19  word, phrase, or term:

20         (i)  "Investment interest" means an equity or debt

21  security issued by an entity, including, without limitation,

22  shares of stock in a corporation, units or other interests in

23  a partnership, bonds, debentures, notes, or other equity

24  interests or debt instruments.  Except for purposes of s.

25  455.661, The following investment interests shall be excepted

26  from this definition:

27         1.  An investment interest in an entity that is the

28  sole provider of designated health services in a rural area;

29         2.  An investment interest in notes, bonds, debentures,

30  or other debt instruments issued by an entity which provides

31  designated health services, as an integral part of a plan by


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  1  such entity to acquire such investor's equity investment

  2  interest in the entity, provided that the interest rate is

  3  consistent with fair market value, and that the maturity date

  4  of the notes, bonds, debentures, or other debt instruments

  5  issued by the entity to the investor is not later than October

  6  1, 1996.

  7         3.  An investment interest in real property resulting

  8  in a landlord-tenant relationship between the health care

  9  provider and the entity in which the equity interest is held,

10  unless the rent is determined, in whole or in part, by the

11  business volume or profitability of the tenant or exceeds fair

12  market value; or

13         4.  An investment interest in an entity which owns or

14  leases and operates a hospital licensed under chapter 395 or a

15  nursing home facility licensed under chapter 400.

16         (k)  "Referral" means any referral of a patient by a

17  health care provider for health care services, including,

18  without limitation:

19         1.  The forwarding of a patient by a health care

20  provider to another health care provider or to an entity which

21  provides or supplies designated health services or any other

22  health care item or service; or

23         2.  The request or establishment of a plan of care by a

24  health care provider, which includes the provision of

25  designated health services or other health care item or

26  service.

27         3.  Except for the purposes of s. 455.661, The

28  following orders, recommendations, or plans of care shall not

29  constitute a referral by a health care provider:

30         a.  By a radiologist for diagnostic-imaging services.

31


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  1         b.  By a physician specializing in the provision of

  2  radiation therapy services for such services.

  3         c.  By a medical oncologist for drugs and solutions to

  4  be prepared and administered intravenously to such

  5  oncologist's patient, as well as for the supplies and

  6  equipment used in connection therewith to treat such patient

  7  for cancer and the complications thereof.

  8         d.  By a cardiologist for cardiac catheterization

  9  services.

10         e.  By a pathologist for diagnostic clinical laboratory

11  tests and pathological examination services, if furnished by

12  or under the supervision of such pathologist pursuant to a

13  consultation requested by another physician.

14         f.  By a health care provider who is the sole provider

15  or member of a group practice for designated health services

16  or other health care items or services that are prescribed or

17  provided solely for such referring health care provider's or

18  group practice's own patients, and that are provided or

19  performed by or under the direct supervision of such referring

20  health care provider or group practice.

21         g.  By a health care provider for services provided by

22  an ambulatory surgical center licensed under chapter 395.

23         h.  By a health care provider for diagnostic clinical

24  laboratory services where such services are directly related

25  to renal dialysis.

26         i.  By a urologist for lithotripsy services.

27         j.  By a dentist for dental services performed by an

28  employee of or health care provider who is an independent

29  contractor with the dentist or group practice of which the

30  dentist is a member.

31


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  1         k.  By a physician for infusion therapy services to a

  2  patient of that physician or a member of that physician's

  3  group practice.

  4         l.  By a nephrologist for renal dialysis services and

  5  supplies.

  6         Section 63.  Subsection (1) of section 468.505, Florida

  7  Statutes, is amended to read:

  8         468.505  Exemptions; exceptions.--

  9         (1)  Nothing in this part may be construed as

10  prohibiting or restricting the practice, services, or

11  activities of:

12         (a)  A person licensed in this state under chapter 457,

13  chapter 458, chapter 459, chapter 460, chapter 461, chapter

14  462, chapter 463, chapter 464, chapter 465, chapter 466,

15  chapter 480, chapter 490, or chapter 491, when engaging in the

16  profession or occupation for which he or she is licensed, or

17  of any person employed by and under the supervision of the

18  licensee when rendering services within the scope of the

19  profession or occupation of the licensee.;

20         (b)  A person employed as a dietitian by the government

21  of the United States, if the person engages in dietetics

22  solely under direction or control of the organization by which

23  the person is employed.;

24         (c)  A person employed as a cooperative extension home

25  economist.;

26         (d)  A person pursuing a course of study leading to a

27  degree in dietetics and nutrition from a program or school

28  accredited pursuant to s. 468.509(2), if the activities and

29  services constitute a part of a supervised course of study and

30  if the person is designated by a title that clearly indicates

31  the person's status as a student or trainee.;


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  1         (e)  A person fulfilling the supervised experience

  2  component of s. 468.509, if the activities and services

  3  constitute a part of the experience necessary to meet the

  4  requirements of s. 468.509.;

  5         (f)  Any dietitian or nutritionist from another state

  6  practicing dietetics or nutrition incidental to a course of

  7  study when taking or giving a postgraduate course or other

  8  course of study in this state, provided such dietitian or

  9  nutritionist is licensed in another jurisdiction or is a

10  registered dietitian or holds an appointment on the faculty of

11  a school accredited pursuant to s. 468.509(2).;

12         (g)  A person who markets or distributes food, food

13  materials, or dietary supplements, or any person who engages

14  in the explanation of the use and benefits of those products

15  or the preparation of those products, if that person does not

16  engage for a fee in dietetics and nutrition practice or

17  nutrition counseling.;

18         (h)  A person who markets or distributes food, food

19  materials, or dietary supplements, or any person who engages

20  in the explanation of the use of those products or the

21  preparation of those products, as an employee of an

22  establishment permitted pursuant to chapter 465.;

23         (i)  An educator who is in the employ of a nonprofit

24  organization approved by the council; a federal, state,

25  county, or municipal agency, or other political subdivision;

26  an elementary or secondary school; or an accredited

27  institution of higher education the definition of which, as

28  provided in s. 468.509(2), applies to other sections of this

29  part, insofar as the activities and services of the educator

30  are part of such employment.;

31


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  1         (j)  Any person who provides weight control services or

  2  related weight control products, provided the program has been

  3  reviewed by, consultation is available from, and no program

  4  change can be initiated without prior approval by a licensed

  5  dietitian/nutritionist, a dietitian or nutritionist licensed

  6  in another state that has licensure requirements considered by

  7  the council to be at least as stringent as the requirements

  8  for licensure under this part, or a registered dietitian.;

  9         (k)  A person employed by a hospital licensed under

10  chapter 395, or by a nursing home or assisted living facility

11  licensed under part II or part III of chapter 400, or by a

12  continuing care facility certified under chapter 651, if the

13  person is employed in compliance with the laws and rules

14  adopted thereunder regarding the operation of its dietetic

15  department.;

16         (l)  A person employed by a nursing facility exempt

17  from licensing under s. 395.002(14) s. 395.002(12), or a

18  person exempt from licensing under s. 464.022.; or

19         (m)  A person employed as a dietetic technician.

20         Section 64.  Section 483.101, Florida Statutes, is

21  amended to read:

22         483.101  Application for clinical laboratory license.--

23         (1)  An application for a clinical laboratory license

24  must be made under oath by the owner or director operator of

25  the clinical laboratory or by the public official responsible

26  for operating a state, municipal, or county clinical

27  laboratory or institution that contains a clinical laboratory,

28  upon forms provided by the agency.

29         (2)  Each applicant for licensure must comply with the

30  following requirements:

31


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  1         (a)  Upon receipt of a completed, signed, and dated

  2  application, the agency shall require background screening, in

  3  accordance with the level 2 standards for screening set forth

  4  in chapter 435, of the managing director or other similarly

  5  titled individual who is responsible for the daily operation

  6  of the laboratory and of the financial officer, or other

  7  similarly titled individual who is responsible for the

  8  financial operation of the laboratory, including billings for

  9  patient services. The applicant must comply with the

10  procedures for level 2 background screening as set forth in

11  chapter 435, as well as the requirements of s. 435.03(3).

12         (b)  The agency may require background screening of any

13  other individual who is an applicant if the agency has

14  probable cause to believe that he or she has been convicted of

15  a crime or has committed any other offense prohibited under

16  the level 2 standards for screening set forth in chapter 435.

17         (c)  Proof of compliance with the level 2 background

18  screening requirements of chapter 435 which has been submitted

19  within the previous 5 years in compliance with any other

20  health care licensure requirements of this state is acceptable

21  in fulfillment of the requirements of paragraph (a).

22         (d)  A provisional license may be granted to an

23  applicant when each individual required by this section to

24  undergo background screening has met the standards for the

25  abuse registry background check and the Department of Law

26  Enforcement background check but the agency has not yet

27  received background screening results from the Federal Bureau

28  of Investigation, or a request for a disqualification

29  exemption has been submitted to the agency as set forth in

30  chapter 435 but a response has not yet been issued. A license

31  may be granted to the applicant upon the agency's receipt of a


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  1  report of the results of the Federal Bureau of Investigation

  2  background screening for each individual required by this

  3  section to undergo background screening which confirms that

  4  all standards have been met, or upon the granting of a

  5  disqualification exemption by the agency as set forth in

  6  chapter 435. Any other person who is required to undergo level

  7  2 background screening may serve in his or her capacity

  8  pending the agency's receipt of the report from the Federal

  9  Bureau of Investigation. However, the person may not continue

10  to serve if the report indicates any violation of background

11  screening standards and a disqualification exemption has not

12  been requested of and granted by the agency as set forth in

13  chapter 435.

14         (e)  Each applicant must submit to the agency, with its

15  application, a description and explanation of any exclusions,

16  permanent suspensions, or terminations of the applicant from

17  the Medicare or Medicaid programs. Proof of compliance with

18  the requirements for disclosure of ownership and control

19  interests under the Medicaid or Medicare programs may be

20  accepted in lieu of this submission.

21         (f)  Each applicant must submit to the agency a

22  description and explanation of any conviction of an offense

23  prohibited under the level 2 standards of chapter 435 by a

24  member of the board of directors of the applicant, its

25  officers, or any individual owning 5 percent or more of the

26  applicant. This requirement does not apply to a director of a

27  not-for-profit corporation or organization if the director

28  serves solely in a voluntary capacity for the corporation or

29  organization, does not regularly take part in the day-to-day

30  operational decisions of the corporation or organization,

31  receives no remuneration for his or her services on the


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  1  corporation or organization's board of directors, and has no

  2  financial interest and has no family members with a financial

  3  interest in the corporation or organization, provided that the

  4  director and the not-for-profit corporation or organization

  5  include in the application a statement affirming that the

  6  director's relationship to the corporation satisfies the

  7  requirements of this paragraph.

  8         (g)  A license may not be granted to an applicant if

  9  the applicant or managing employee has been found guilty of,

10  regardless of adjudication, or has entered a plea of nolo

11  contendere or guilty to, any offense prohibited under the

12  level 2 standards for screening set forth in chapter 435,

13  unless an exemption from disqualification has been granted by

14  the agency as set forth in chapter 435.

15         (h)  The agency may deny or revoke licensure if the

16  applicant:

17         1.  Has falsely represented a material fact in the

18  application required by paragraph (e) or paragraph (f), or has

19  omitted any material fact from the application required by

20  paragraph (e) or paragraph (f); or

21         2.  Has had prior action taken against the applicant

22  under the Medicaid or Medicare program as set forth in

23  paragraph (e).

24         (i)  An application for license renewal must contain

25  the information required under paragraphs (e) and (f).

26         (3)  A license must be issued authorizing the

27  performance of one or more clinical laboratory procedures or

28  one or more tests on each specialty or subspecialty.  A

29  separate license is required of all laboratories maintained on

30  separate premises even if the laboratories are operated under

31  the same management.  Upon receipt of a request for an


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  1  application for a clinical laboratory license, the agency

  2  shall provide to the applicant a copy of the rules relating to

  3  licensure and operations applicable to the laboratory for

  4  which licensure is sought.

  5         Section 65.  Section 483.106, Florida Statutes, is

  6  amended to read:

  7         483.106  Application for a certificate of

  8  exemption.--An application for a certificate of exemption must

  9  be made under oath by the owner or director operator of a

10  clinical laboratory that performs only waived tests as defined

11  in s. 483.041.  A certificate of exemption authorizes a

12  clinical laboratory to perform waived tests.  Laboratories

13  maintained on separate premises and operated under the same

14  management may apply for a single certificate of exemption or

15  multiple certificates of exemption. The agency shall, by rule,

16  specify the process for biennially issuing certificates of

17  exemption.  Sections 483.011, 483.021, 483.031, 483.041,

18  483.172, 483.23, and 483.25 apply to a clinical laboratory

19  that obtains a certificate of exemption under this section.

20         Section 66.  Section 483.30, Florida Statutes, is

21  amended to read:

22         483.30  Licensing of centers.--

23         (1)  A person may not conduct, maintain, or operate a

24  multiphasic health testing center in this state without

25  obtaining a multiphasic health testing center license from the

26  agency.  The license is valid only for the person or persons

27  to whom it is issued and may not be sold, assigned, or

28  transferred, voluntarily or involuntarily.  A license is not

29  valid for any premises other than the center for which it is

30  issued.  However, a new license may be secured for the new

31  location for a fixed center before the actual change, if the


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  1  contemplated change is in compliance with this part and the

  2  rules adopted under this part.  A center must be relicensed if

  3  a change of ownership occurs.  Application for relicensure

  4  must be made 60 days before the change of ownership.

  5         (2)  Each applicant for licensure must comply with the

  6  following requirements:

  7         (a)  Upon receipt of a completed, signed, and dated

  8  application, the agency shall require background screening, in

  9  accordance with the level 2 standards for screening set forth

10  in chapter 435, of the managing employee, or other similarly

11  titled individual who is responsible for the daily operation

12  of the center, and of the financial officer, or other

13  similarly titled individual who is responsible for the

14  financial operation of the center, including billings for

15  patient services.  The applicant must comply with the

16  procedures for level 2 background screening as set forth in

17  chapter 435, as well as the requirements of s. 435.03(3).

18         (b)  The agency may require background screening of any

19  other individual who is an applicant if the agency has

20  probable cause to believe that he or she has been convicted of

21  a crime or has committed any other offense prohibited under

22  the level 2 standards for screening set forth in chapter 435.

23         (c)  Proof of compliance with the level 2 background

24  screening requirements of chapter 435 which has been submitted

25  within the previous 5 years in compliance with any other

26  health care licensure requirements of this state is acceptable

27  in fulfillment of the requirements of paragraph (a).

28         (d)  A provisional license may be granted to an

29  applicant when each individual required by this section to

30  undergo background screening has met the standards for the

31  abuse registry background check and the Department of Law


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  1  Enforcement background check, but the agency has not yet

  2  received background screening results from the Federal Bureau

  3  of Investigation, or a request for a disqualification

  4  exemption has been submitted to the agency as set forth in

  5  chapter 435 but a response has not yet been issued. A license

  6  may be granted to the applicant upon the agency's receipt of a

  7  report of the results of the Federal Bureau of Investigation

  8  background screening for each individual required by this

  9  section to undergo background screening which confirms that

10  all standards have been met, or upon the granting of a

11  disqualification exemption by the agency as set forth in

12  chapter 435. Any other person who is required to undergo level

13  2 background screening may serve in his or her capacity

14  pending the agency's receipt of the report from the Federal

15  Bureau of Investigation. However, the person may not continue

16  to serve if the report indicates any violation of background

17  screening standards and a disqualification exemption has not

18  been requested of and granted by the agency as set forth in

19  chapter 435.

20         (e)  Each applicant must submit to the agency, with its

21  application, a description and explanation of any exclusions,

22  permanent suspensions, or terminations of the applicant from

23  the Medicare or Medicaid programs. Proof of compliance with

24  the requirements for disclosure of ownership and control

25  interests under the Medicaid or Medicare programs may be

26  accepted in lieu of this submission.

27         (f)  Each applicant must submit to the agency a

28  description and explanation of any conviction of an offense

29  prohibited under the level 2 standards of chapter 435 by a

30  member of the board of directors of the applicant, its

31  officers, or any individual owning 5 percent or more of the


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  1  applicant. This requirement does not apply to a director of a

  2  not-for-profit corporation or organization if the director

  3  serves solely in a voluntary capacity for the corporation or

  4  organization, does not regularly take part in the day-to-day

  5  operational decisions of the corporation or organization,

  6  receives no remuneration for his or her services on the

  7  corporation or organization's board of directors, and has no

  8  financial interest and has no family members with a financial

  9  interest in the corporation or organization, provided that the

10  director and the not-for-profit corporation or organization

11  include in the application a statement affirming that the

12  director's relationship to the corporation satisfies the

13  requirements of this paragraph.

14         (g)  A license may not be granted to an applicant if

15  the applicant or managing employee has been found guilty of,

16  regardless of adjudication, or has entered a plea of nolo

17  contendere or guilty to, any offense prohibited under the

18  level 2 standards for screening set forth in chapter 435,

19  unless an exemption from disqualification has been granted by

20  the agency as set forth in chapter 435.

21         (h)  The agency may deny or revoke licensure if the

22  applicant:

23         1.  Has falsely represented a material fact in the

24  application required by paragraph (e) or paragraph (f), or has

25  omitted any material fact from the application required by

26  paragraph (e) or paragraph (f); or

27         2.  Has had prior action taken against the applicant

28  under the Medicaid or Medicare program as set forth in

29  paragraph (e).

30         (i)  An application for license renewal must contain

31  the information required under paragraphs (e) and (f).


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  1         Section 67.  Section 455.661, Florida Statutes, is

  2  repealed.

  3         Section 68.  Three full-time positions are allocated to

  4  the Agency for Health Care Administration to implement and

  5  administer a background screening exemption program pursuant

  6  to section 400.4174, Florida Statutes, section 400.5572,

  7  Florida Statutes, and chapter 435, Florida Statutes, and

  8  $166,430 is appropriated from the Health Care Trust Fund for

  9  that purpose.

10         Section 69.  Pursuant to section 216.262, Florida

11  Statutes, the Florida Department of Law Enforcement is granted

12  authority to establish positions in excess of the total

13  authorized positions upon submission of a proper request to

14  the Administration Commission. These positions shall be

15  established with funding from the department's Law Enforcement

16  Operating Trust Fund and shall be used to process the

17  increased workload of conducting the criminal history records

18  checks authorized under this section. These positions will be

19  earmarked by the department, and, at such time as they are no

20  longer needed, may be placed in a reserve status for future

21  use.

22         Section 70.  The provisions of this act which require

23  an applicant for licensure, certification, or registration to

24  undergo background screening shall apply to any individual or

25  entity that applies, on or after July 1, 1998, for renewal of

26  a license, certificate, or registration that is subject to the

27  background screening required by this act.

28         Section 71.  (1)  The provisions of this act which

29  require an applicant for licensure, certification, or

30  registration to undergo background screening shall stand

31


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  1  repealed on June 30, 2001, unless reviewed and saved from

  2  repeal through reenactment by this legislature.

  3         (2)  The Agency for Health Care Administration shall

  4  conduct a review of the effectiveness of licensure,

  5  certification, and registration applicant background screening

  6  requirements in preventing persons with specified criminal

  7  backgrounds from operating health care programs, and in

  8  preventing or deterring health care fraud and abuse. The

  9  Agency for Health Care Administration shall convene a

10  workgroup to direct this review, and the workgroup shall, at a

11  minimum, include a representative from the following parties:

12         (a)  The Statewide Prosecutor's Office;

13         (b)  The Attorney General's Office;

14         (c)  The Department of Children and Families; and

15         (d)  The Department of Elder Affairs.

16         (3)  Such review by the Agency for Health Care

17  Administration shall be completed and a report submitted to

18  the legislature by January 1, 2001.

19         Section 72.  This act shall take effect July 1, 1998.

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