Senate Bill 0094c2

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    Florida Senate - 1998                      CS for CS for SB 94

    By the Committees on Ways and Means, Health Care and Senators
    Grant, Clary, Sullivan, Casas, Meadows, Kirkpatrick and
    Campbell



    301-2022A-98

  1                      A bill to be entitled

  2         An act relating to health care; establishing

  3         the Prostate Cancer Task Force; providing for

  4         representation on the task force; providing

  5         responsibilities; requiring a report to the

  6         Governor and the Legislature; providing for

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

  8         increasing membership of the Florida Cancer

  9         Control and Research Advisory Council;

10         requiring the council to purchase or develop a

11         written summary of cancer treatment

12         alternatives for prostate cancer; providing

13         appropriations for developing or purchasing and

14         for distributing bilingual pamphlets, and for

15         developing and implementing education programs,

16         on prostate cancer and breast cancer; providing

17         an effective date.

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19         WHEREAS, the Legislature finds that prostate cancer

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

21  percent of all cancer deaths in males, and

22         WHEREAS, the Legislature also finds that an estimated

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

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

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

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

27  in 1995, and

28         WHEREAS, the Legislature finds that for men diagnosed

29  with prostate cancer between 1986-1993 early detection

30  resulted in significant improvement of survival rates, and

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    Florida Senate - 1998                      CS for CS for SB 94
    301-2022A-98




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

  2  detection of its existence, and

  3         WHEREAS, through the establishment of a state task

  4  force on prostate cancer, the Legislature intends to decrease

  5  the number of deaths due to prostate cancer by increasing

  6  public awareness of prostate cancer and by increasing, through

  7  public education, the percentage of men who seek examinations

  8  by physicians, and obtain prostate-specific antigen blood

  9  tests, and by increasing research and coordination at Florida

10  institutions studying the causes, methods of prevention, and

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

12  dollars, NOW, THEREFORE,

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

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16         Section 1.  Prostate Cancer Task Force.--

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

18  Center and Research Institute at the University of South

19  Florida, the Prostate Cancer Task Force to identify where

20  public awareness, public education, research, and coordination

21  about prostate cancer are lacking and to prepare

22  recommendations to increase research on prostate cancer and

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

24  detection and treatment of prostate cancer.

25         (2)  The task force is composed of 18 members to be

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

27  representative of the University of Miami School of Medicine,

28  one representative of the public who is a consumer advocate

29  and who has been diagnosed with prostate cancer, one

30  representative of the Florida Cancer Control and Research

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

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    Florida Senate - 1998                      CS for CS for SB 94
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  1  Cancer Center and Research Institute, one representative from

  2  a statutory teaching hospital affiliated with a

  3  community-based cancer center, one representative of the NOVA

  4  Southeastern University of Osteopathic Medicine, the Secretary

  5  of Health or a designee, and the Insurance Commissioner or a

  6  designee.  At least two members appointed by the Governor

  7  shall be members of an ethnic or racial minority group.  The

  8  President of the Senate shall appoint one representative of a

  9  business that has fewer than 100 employees, one representative

10  of the University of Florida College of Medicine, one

11  representative of the American Cancer Society, one

12  representative of the public who is a consumer advocate and

13  who has been diagnosed with prostate cancer, and one

14  representative of a health maintenance organization.  At least

15  one member appointed by the President of the Senate shall be a

16  member of an ethnic or racial minority group.  The Speaker of

17  the House of Representatives shall appoint one representative

18  of a business that has more than 300 employees, one

19  representative of the University of South Florida College of

20  Medicine, one representative of the Association of Community

21  Cancer Centers, one representative of the public who is a

22  consumer advocate, and one representative of the insurance

23  industry.  At least one member appointed by the Speaker of the

24  House of Representatives shall be a member of an ethnic or

25  racial minority group.

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

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

28  responsibilities.  Within existing resources, the H. Lee

29  Moffitt Cancer Center and Research Institute shall provide

30  support services to the task force.

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    Florida Senate - 1998                      CS for CS for SB 94
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  1         (4)  The members of the task force shall serve without

  2  compensation.

  3         (5)  The task force may obtain information and

  4  assistance from any state agency.  All state agencies must

  5  give the task force all relevant information and reasonable

  6  assistance on matters related to prostate cancer.

  7         (6)  The task force shall collect research and

  8  information on prostate cancer and shall prepare

  9  recommendations for reducing the incidence and the number of

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

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

12  2000.  The task force must review and report on:

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

14  coverage for prostate cancer screening and treatment options.

15  The task force shall include in its report recommended changes

16  to the Florida Insurance Code, including specific statutory

17  language, if the task force determines such changes are

18  necessary to ensure that policyholders have coverage for

19  appropriate and necessary prostate cancer prevention,

20  screening, and treatment.  If any legislative changes are

21  recommended which would mandate a health coverage or the

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

23  impact of the proposal as specified in section 624.215,

24  Florida Statutes.

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

26  governments to increase public awareness of prostate cancer.

27         (c)  Approaches to improving coordination of agencies

28  and institutions involved in research and treatment of

29  prostate cancer.

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

31  to prostate cancer in this state, including the best methods

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    Florida Senate - 1998                      CS for CS for SB 94
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  1  to increase the percentage of men in this state who receive

  2  physical examinations and specifically prostate screening.

  3         (e)  A plan for increasing research and appropriate

  4  funding at Florida institutions studying cancer.

  5         (f)  A program to monitor the implementation and

  6  effectiveness of task force recommendations.

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

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

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

10         240.5121  Cancer control and research.--

11         (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY

12  COUNCIL; CREATION; COMPOSITION.--

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

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

15  Control and Research Advisory Council.  The council shall

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

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

18  those appointed by the Speaker of the House of Representatives

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

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

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

22  a representative of the American Cancer Society; one member

23  must be a representative of the Florida Tumor Registrars

24  Association; one member must be a representative of the

25  Sylvester Comprehensive Cancer Center of the University of

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

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

28  representative of the University of Florida Shands Cancer

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

30  Health Care Administration; one member must be a

31  representative of the Florida Nurses Association; one member

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    Florida Senate - 1998                      CS for CS for SB 94
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  1  must be a representative of the Florida Osteopathic Medical

  2  Association; one member must be a representative of the

  3  American College of Surgeons; one member must be a

  4  representative of the School of Medicine of the University of

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

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

  7  representative of Nova Southeastern College of Osteopathic

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

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

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

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

12  representative of the Florida Society of Clinical Oncology;

13  one member must be a representative of the Florida Obstetric

14  and Gynecologic Society who has had training in the specialty

15  of gynecologic oncology; one member must be a representative

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

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

18  representative of the Florida Radiological Society; one member

19  must be a representative of the Florida Society of

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

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

22  members must be representatives of the general public acting

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

24  House of Representatives appointed by the Speaker of the

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

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

27  representative of the Department of Education; one member must

28  be a representative of the Florida Dental Association; one

29  member must be a representative of the Florida Hospital

30  Association; one member must be a representative of the

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

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    Florida Senate - 1998                      CS for CS for SB 94
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  1  representative from a statutory teaching hospital affiliated

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

  3  representative of the Florida Association of Pediatric Tumor

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

  5  Cancer Information Service; one member must be a

  6  representative of the Florida Agricultural and Mechanical

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

  8  a representative of the Florida Society of Oncology Social

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

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

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

12         (m)  If funds are specifically appropriated by the

13  Legislature, the council shall develop or purchase a

14  standardized written summaries summary, written in layperson's

15  terms and in language easily understood by the average adult

16  patient, informing actual and high-risk breast cancer

17  patients, prostate cancer patients, and men who are

18  considering prostate cancer screening of the medically viable

19  treatment alternatives available to them in the effective

20  management of breast cancer and prostate cancer; describing

21  such treatment alternatives; and explaining the relative

22  advantages, disadvantages, and risks associated therewith.

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

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

25  continuously available to physicians and surgeons in this

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

27  osteopathic physicians in this state for their use in

28  accordance with s. 459.0125.  The council shall periodically

29  update both summaries the pamphlet to reflect current

30  standards of medical practice in the treatment of breast

31  cancer and prostate cancer.  The council shall develop and

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    Florida Senate - 1998                      CS for CS for SB 94
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  1  implement an educational programs program, including

  2  distribution of the summaries pamphlet or booklet developed or

  3  purchased under this paragraph, to inform citizen groups,

  4  associations, and voluntary organizations about early

  5  detection and treatment of breast cancer and prostate cancer.

  6         Section 3.  There is appropriated from the General

  7  Revenue Fund to the H. Lee Moffitt Cancer Center and Research

  8  Institute at the University of South Florida the sum of

  9  $50,000 for fiscal year 1998-1999 to be used by the Cancer

10  Control and Research Advisory Council to produce or purchase

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

12  inform patients about treatment alternatives for prostate

13  cancer and to develop and implement an educational program

14  that includes the distribution of the pamphlets, as required

15  by section 240.5121, Florida Statutes.

16         Section 4.  There is appropriated from the General

17  Revenue Fund to the H. Lee Moffitt Cancer Center and Research

18  Institute at the University of South Florida the sum of

19  $50,000 for fiscal year 1998-1999 to be used by the Cancer

20  Control and Research Advisory Council to produce or purchase

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

22  inform patients about treatment alternatives for breast cancer

23  and to develop and implement an educational program that

24  includes the distribution of the pamphlets, as required by

25  section 240.5121, Florida Statutes.

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

27  year in which enacted.

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    Florida Senate - 1998                      CS for CS for SB 94
    301-2022A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             CS/SB 94

  3

  4  Contains the following provisions:

  5  Creates the Prostate Cancer Task Force comprised of 18
    members.
  6
    Increases the membership of the Florida Cancer Control and
  7  Research Advisory Council from 32 to 35.

  8  Provides for Prostate Cancer and Breast Cancer Pamphlets to be
    prepared in English and Spanish.
  9
    Appropriates $50,000 to Moffitt Cancer Center to be used by
10  the Cancer Control Research Council to produce Breast Cancer
    pamphlets.
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    Adds a representative from Nova Southeastern University of
12  Osteopathic Medicine to the Prostate Cancer Task Force.

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