Senate Bill 1932c2

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    Florida Senate - 2000                    CS for CS for SB 1932

    By the Committees on Fiscal Policy; Health, Aging and
    Long-Term Care; and Senator Silver




    309-2149A-00

  1                      A bill to be entitled

  2         An act relating to nursing; amending part XV of

  3         chapter 468, F.S., relating to certified

  4         nursing assistants, and transferring that part

  5         to chapter 464, F.S., relating to nursing, to

  6         transfer from the Department of Health to the

  7         Board of Nursing responsibility and rulemaking

  8         authority for regulation of certified nursing

  9         assistants; transferring from the Department of

10         Education to the board responsibility for

11         approval of training programs; revising grounds

12         for which the board may impose certain

13         penalties; creating s. 464.2085, F.S.;

14         providing requirements for a Council on

15         Certified Nursing Assistants; amending ss.

16         20.43, 39.01, 39.304, 110.131, 232.46,

17         240.4075, 246.081, 310.102, 381.0302, 384.30,

18         384.31, 394.455, 395.0191, 400.021, 400.211,

19         400.402, 400.407, 400.4255, 400.426, 400.462,

20         400.464, 400.506, 400.6105, 401.23, 401.252,

21         408.706, 409.908, 415.1085, 455.597, 455.604,

22         455.667, 455.677, 455.694, 455.707, 458.348,

23         464.001, 464.002, 464.003, 464.006, 464.009,

24         464.016, 464.018, 464.019, 464.022, 464.023,

25         464.027, 466.003, 467.003, 467.0125, 467.203,

26         468.505, 483.041, 483.801, 491.0112, 550.24055,

27         627.351, 627.357, 627.9404, 641.31, 766.101,

28         766.110, 766.1115, 877.111, 945.602, 960.28,

29         984.03, 985.03, F.S.; conforming references;

30         revising application procedures for certified

31         nursing assistants; revising registration

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  1         requirements for certified nursing assistants;

  2         amending ss. 400.215, 400.512, F.S.; revising

  3         provisions relating to the granting of

  4         exemptions from disqualification for employment

  5         in nursing homes or home health agencies;

  6         amending s. 400.23, F.S.; authorizing licensed

  7         practical nurses in nursing home facilities to

  8         supervise the activities of other licensed

  9         practical nurses, certified nursing assistants,

10         and other unlicensed personnel working in such

11         facilities in accordance with rules adopted by

12         the Board of Nursing; amending s. 455.557,

13         F.S.; including advanced registered nurse

14         practitioners under the credentialing program;

15         creating s. 455.56503, F.S.; requiring advanced

16         registered nurse practitioners to submit

17         information and fingerprints for profiling

18         purposes; amending s. 455.5651, F.S.;

19         authorizing the department to publish certain

20         information in practitioner profiles; amending

21         s. 455.5653, F.S.; deleting obsolete provisions

22         relating to scheduling and development of

23         practitioner profiles for additional health

24         care practitioners; providing access to

25         information on advanced registered nurse

26         practitioners maintained by the Agency for

27         Health Care Administration for corroboration

28         purposes; amending s. 455.5654, F.S.; providing

29         for adoption by rule of a form for submission

30         of profiling information; amending s. 455.587,

31         F.S.; providing requirements for funding

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  1         regulation of professions by the department;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Sections 468.821 through 468.829, Florida

  7  Statutes, are renumbered as sections 464.201 through 464.209,

  8  respectively, designated as part II of chapter 464, Florida

  9  Statutes, and amended to read:

10         464.201 468.821  Definitions.--As used in this part,

11  the term:

12         (1)  "Approved training program" means:

13         (a)  A course of training conducted by a public sector

14  or private sector educational center licensed by the

15  Department of Education to implement the basic curriculum for

16  nursing assistants which is approved by the Department of

17  Education. Beginning October 1, 2000, the board shall assume

18  responsibility for approval of training programs under this

19  paragraph.

20         (b)  A training program operated under s. 400.141.

21         (2)  "Board" means the Board of Nursing.

22         (3)(2)  "Certified nursing assistant" means a person

23  who meets the qualifications specified in this part and who is

24  certified by the board department as a certified nursing

25  assistant.

26         (4)(3)  "Department" means the Department of Health.

27         (5)(4)  "Registry" means the listing of certified

28  nursing assistants maintained by the board department.

29         464.202 468.822  Duties and powers of the board

30  department.--The board department shall maintain, or contract

31  with or approve another entity to maintain, a state registry

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  1  of certified nursing assistants. The registry must consist of

  2  the name of each certified nursing assistant in this state;

  3  other identifying information defined by board department

  4  rule; certification status; the effective date of

  5  certification; other information required by state or federal

  6  law; information regarding any crime or any abuse, neglect, or

  7  exploitation as provided under chapter 435; and any

  8  disciplinary action taken against the certified nursing

  9  assistant. The registry shall be accessible to the public, the

10  certificateholder, employers, and other state agencies. The

11  board department shall adopt by rule testing procedures for

12  use in certifying nursing assistants and shall adopt rules

13  regulating the practice of certified nursing assistants to

14  enforce this part. The board department may contract with or

15  approve another entity or organization to provide the

16  examination services, including the development and

17  administration of examinations. The board shall require that

18  the contract provider provide and accept certified nursing

19  assistant applications via the Internet, and process

20  applications and complete testing within 5 calendar days after

21  the receipt of the application, with test scores provided

22  within 2 calendar days after the test date. The provider shall

23  pay all reasonable costs and expenses incurred by the board

24  department in evaluating the provider's application and

25  performance during the delivery of services, including

26  examination services and procedures for maintaining the

27  certified nursing assistant registry.

28         464.203 468.823  Certified nursing assistants;

29  certification requirement.--

30         (1)  The board department shall issue a certificate to

31  practice as a certified nursing assistant to any person who

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  1  demonstrates a minimum competency to read and write and

  2  successfully passes the required Level I or Level II screening

  3  pursuant to s. 400.215 and meets one of the following

  4  requirements:

  5         (a)  Has successfully completed an approved training

  6  program and achieved a minimum score, established by rule of

  7  the board department, on the nursing assistant competency

  8  examination, which consists of a written portion and

  9  skills-demonstration portion approved by the board department

10  and administered at a site and by personnel approved by the

11  department.

12         (b)  Has achieved a minimum score, established by rule

13  of the board department, on the nursing assistant competency

14  examination, which consists of a written portion and

15  skills-demonstration portion, approved by the board department

16  and administered at a site and by personnel approved by the

17  department and:

18         1.  Has a high school diploma, or its equivalent; or

19         2.  Is at least 18 years of age.

20         (c)  Is currently certified in another state; is listed

21  on that state's certified nursing assistant registry; and has

22  not been found to have committed abuse, neglect, or

23  exploitation in that state; and has successfully completed a

24  national nursing assistant evaluation in order to receive

25  certification in that state.

26         (2)  If an applicant fails to pass the nursing

27  assistant competency examination in three attempts, the

28  applicant is not eligible for reexamination unless the

29  applicant completes an approved training program.

30         (3)  An oral examination shall be administered as a

31  substitute for the written portion of the examination upon

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  1  request. The oral examination shall be administered at a site

  2  and by personnel approved by the department.

  3         (4)  The board department shall adopt rules to provide

  4  for the initial certification of certified nursing assistants.

  5         (5)  A certified nursing assistant shall maintain a

  6  current address with the board department in accordance with

  7  s. 455.717.

  8         464.204 468.824  Denial, suspension, or revocation of

  9  certification; disciplinary actions.--

10         (1)  The following acts constitute grounds for which

11  the board department may impose disciplinary sanctions as

12  specified in subsection (2):

13         (a)  Obtaining or attempting to obtain certification or

14  an exemption, or possessing or attempting to possess

15  certification or a letter of exemption, by bribery,

16  misrepresentation, deceit, or through an error of the board

17  department.

18         (b)  Intentionally violating any provision of this

19  chapter, chapter 455, or the rules adopted by the board

20  department.

21         (2)  When the board department finds any person guilty

22  of any of the grounds set forth in subsection (1), it may

23  enter an order imposing one or more of the following

24  penalties:

25         (a)  Denial, suspension, or revocation of

26  certification.

27         (b)  Imposition of an administrative fine not to exceed

28  $150 for each count or separate offense.

29         (c)  Imposition of probation or restriction of

30  certification, including conditions such as corrective actions

31

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  1  as retraining or compliance with an approved treatment program

  2  for impaired practitioners.

  3         (3)  The board department may, upon the request of a

  4  certificateholder, exempt the certificateholder from

  5  disqualification of certification or disqualification of

  6  employment in accordance with chapter 435 and issue a letter

  7  of exemption. After January 1, 2000, The board department must

  8  notify an applicant seeking an exemption from disqualification

  9  from certification or employment of its decision to approve or

10  deny the request within 30 days after the date the board

11  department receives all required documentation.

12         464.205 468.825  Availability of disciplinary records

13  and proceedings.--Pursuant to s. 455.621, any complaint or

14  record maintained by the department of Health pursuant to the

15  discipline of a certified nursing assistant and any proceeding

16  held by the board department to discipline a certified nursing

17  assistant shall remain open and available to the public.

18         464.206 468.826  Exemption from liability.--If an

19  employer terminates or denies employment to a certified

20  nursing assistant whose certification is inactive as shown on

21  the certified nursing assistant registry or whose name appears

22  on the central abuse registry and tracking system of the

23  Department of Children and Family Services or on a criminal

24  screening report of the Department of Law Enforcement, the

25  employer is not civilly liable for such termination and a

26  cause of action may not be brought against the employer for

27  damages, regardless of whether the employee has filed for an

28  exemption from the board department under s. 464.204(3)

29  468.824(1). There may not be any monetary liability on the

30  part of, and a cause of action for damages may not arise

31  against, any licensed facility, its governing board or members

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  1  thereof, medical staff, disciplinary board, agents,

  2  investigators, witnesses, employees, or any other person for

  3  any action taken in good faith without intentional fraud in

  4  carrying out this section.

  5         464.207 468.827  Penalties.--It is a misdemeanor of the

  6  first degree, punishable as provided under s. 775.082 or s.

  7  775.083, for any person, knowingly or intentionally, to fail

  8  to disclose, by false statement, misrepresentation,

  9  impersonation, or other fraudulent means, in any application

10  for voluntary or paid employment or certification licensure

11  regulated under this part, a material fact used in making a

12  determination as to such person's qualifications to be an

13  employee or certificateholder licensee.

14         464.208 468.828  Background screening information;

15  rulemaking authority.--

16         (1)  The Agency for Health Care Administration shall

17  allow the board department to electronically access its

18  background screening database and records, and the Department

19  of Children and Family Services shall allow the board

20  department to electronically access its central abuse registry

21  and tracking system under chapter 415.

22         (2)  An employer, or an agent thereof, may not use

23  criminal records, juvenile records, or information obtained

24  from the central abuse hotline under chapter 415 relating to

25  vulnerable adults for any purpose other than determining if

26  the person meets the requirements of this part. Such records

27  and information obtained by the board department shall remain

28  confidential and exempt from s. 119.07(1).

29         (3)  If the requirements of the Omnibus Budget

30  Reconciliation Act of 1987, as amended, for the certification

31  of nursing assistants are in conflict with this part, the

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  1  federal requirements shall prevail for those facilities

  2  certified to provide care under Title XVIII (Medicare) or

  3  Title XIX (Medicaid) of the Social Security Act.

  4         (4)  The board department shall adopt rules to

  5  administer this part.

  6         464.209 468.829  Certified nursing assistant

  7  registry.--

  8         (1)  By October 1, 1999, and by October 1 of every year

  9  thereafter, each employer of certified nursing assistants

10  shall submit to the board Department of Health a list of the

11  names and social security numbers of each person employed by

12  the employer as a certified nursing assistant in a

13  nursing-related occupation for a minimum of 8 hours for

14  monetary compensation during the preceding 24 months.

15  Employers may submit such information electronically through

16  the department's Internet site.

17         (2)  The board department shall update the certified

18  nursing assistant registry upon receipt of the lists of

19  certified nursing assistants, and shall complete the first of

20  such updates by December 31, 1999.

21         (3)  Each certified nursing assistant whose name is not

22  reported to the board department under subsection (1) on

23  October 1, 1999, shall be assigned an inactive certification

24  on January 1, 2000. A certified nursing assistant may remove

25  such an inactive certification by submitting documentation to

26  the board department that he or she was employed for a minimum

27  of 8 hours for monetary compensation as a certified nursing

28  assistant in a nursing-related occupation during the preceding

29  24 months.

30         (4)  This section is repealed October 2, 2001.

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  1         Section 2.  Section 464.2085, Florida Statutes, is

  2  created to read:

  3         464.2085  Council on Certified Nursing Assistants.--The

  4  Council on Certified Nursing Assistants is created within the

  5  department, under the Board of Nursing.

  6         (1)  The council shall consist of five members

  7  appointed as follows:

  8         (a)  The chairperson of the Board of Nursing shall

  9  appoint two members who are registered nurses. One of the

10  members must currently supervise a certified nursing assistant

11  in a licensed nursing home.

12         (b)  The chairperson of the Board of Nursing shall

13  appoint one member who is a licensed practical nurse who is

14  currently working in a licensed nursing home.

15         (c)  The secretary of the department or his or her

16  designee shall appoint two certified nursing assistants

17  currently certified under this chapter, at least one of whom

18  is currently working in a licensed nursing home.

19         (2)  The council shall:

20         (a)  Recommend to the department policies and

21  procedures for the certification of nursing assistants.

22         (b)  Develop all rules regulating the education,

23  training, and certification process for nursing assistants

24  certified under this chapter. The Board of Nursing shall

25  consider adopting a proposed rule developed by the council at

26  the regularly scheduled meeting immediately following the

27  submission of the proposed rule by the council.

28         (c)  Make recommendations to the board regarding all

29  matters relating to the certification of nursing assistants.

30

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  1         (d)  Address concerns and problems of certified nursing

  2  assistants in order to improve safety in the practice of

  3  certified nursing assistants.

  4         Section 3.  Paragraph (g) of subsection (3) of section

  5  20.43, Florida Statutes, is amended to read:

  6         20.43  Department of Health.--There is created a

  7  Department of Health.

  8         (3)  The following divisions of the Department of

  9  Health are established:

10         (g)  Division of Medical Quality Assurance, which is

11  responsible for the following boards and professions

12  established within the division:

13         1.  Nursing assistants, as provided under s. 400.211.

14         1.2.  Health care services pools, as provided under s.

15  402.48.

16         2.3.  The Board of Acupuncture, created under chapter

17  457.

18         3.4.  The Board of Medicine, created under chapter 458.

19         4.5.  The Board of Osteopathic Medicine, created under

20  chapter 459.

21         5.6.  The Board of Chiropractic Medicine, created under

22  chapter 460.

23         6.7.  The Board of Podiatric Medicine, created under

24  chapter 461.

25         7.8.  Naturopathy, as provided under chapter 462.

26         8.9.  The Board of Optometry, created under chapter

27  463.

28         9.10.  The Board of Nursing, created under part I of

29  chapter 464.

30         10.  Nursing assistants, as provided under part II of

31  chapter 464.

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  1         11.  The Board of Pharmacy, created under chapter 465.

  2         12.  The Board of Dentistry, created under chapter 466.

  3         13.  Midwifery, as provided under chapter 467.

  4         14.  The Board of Speech-Language Pathology and

  5  Audiology, created under part I of chapter 468.

  6         15.  The Board of Nursing Home Administrators, created

  7  under part II of chapter 468.

  8         16.  The Board of Occupational Therapy, created under

  9  part III of chapter 468.

10         17.  Respiratory therapy, as provided under part V of

11  chapter 468.

12         18.  Dietetics and nutrition practice, as provided

13  under part X of chapter 468.

14         19.  The Board of Athletic Training, created under part

15  XIII of chapter 468.

16         20.  The Board of Orthotists and Prosthetists, created

17  under part XIV of chapter 468.

18         21.  Electrolysis, as provided under chapter 478.

19         22.  The Board of Massage Therapy, created under

20  chapter 480.

21         23.  The Board of Clinical Laboratory Personnel,

22  created under part III of chapter 483.

23         24.  Medical physicists, as provided under part IV of

24  chapter 483.

25         25.  The Board of Opticianry, created under part I of

26  chapter 484.

27         26.  The Board of Hearing Aid Specialists, created

28  under part II of chapter 484.

29         27.  The Board of Physical Therapy Practice, created

30  under chapter 486.

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  1         28.  The Board of Psychology, created under chapter

  2  490.

  3         29.  School psychologists, as provided under chapter

  4  490.

  5         30.  The Board of Clinical Social Work, Marriage and

  6  Family Therapy, and Mental Health Counseling, created under

  7  chapter 491.

  8

  9  The department may contract with the Agency for Health Care

10  Administration who shall provide consumer complaint,

11  investigative, and prosecutorial services required by the

12  Division of Medical Quality Assurance, councils, or boards, as

13  appropriate.

14         Section 4.  Subsection (38) of section 39.01, Florida

15  Statutes, is amended to read:

16         39.01  Definitions.--When used in this chapter, unless

17  the context otherwise requires:

18         (38)  "Licensed health care professional" means a

19  physician licensed under chapter 458, an osteopathic physician

20  licensed under chapter 459, a nurse licensed under part I of

21  chapter 464, a physician assistant licensed under chapter 458

22  or chapter 459, or a dentist licensed under chapter 466.

23         Section 5.  Paragraph (b) of subsection (1) of section

24  39.304, Florida Statutes, is amended to read:

25         39.304  Photographs, medical examinations, X rays, and

26  medical treatment of abused, abandoned, or neglected child.--

27         (1)

28         (b)  If the areas of trauma visible on a child indicate

29  a need for a medical examination, or if the child verbally

30  complains or otherwise exhibits distress as a result of injury

31  through suspected child abuse, abandonment, or neglect, or is

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  1  alleged to have been sexually abused, the person required to

  2  investigate may cause the child to be referred for diagnosis

  3  to a licensed physician or an emergency department in a

  4  hospital without the consent of the child's parents or legal

  5  custodian. Such examination may be performed by any licensed

  6  physician or an advanced registered nurse practitioner

  7  licensed pursuant to part I of chapter 464. Any licensed

  8  physician, or advanced registered nurse practitioner licensed

  9  pursuant to part I of chapter 464, who has reasonable cause to

10  suspect that an injury was the result of child abuse,

11  abandonment, or neglect may authorize a radiological

12  examination to be performed on the child without the consent

13  of the child's parent or legal custodian.

14         Section 6.  Paragraph (c) of subsection (6) of section

15  110.131, Florida Statutes, is amended to read:

16         110.131  Other-personal-services temporary

17  employment.--

18         (6)

19         (c)  Notwithstanding the provisions of this section,

20  the agency head or his or her designee may extend the

21  other-personal-services employment of a health care

22  practitioner licensed pursuant to chapter 458, chapter 459,

23  chapter 460, chapter 461, chapter 463, part I of chapter 464,

24  chapter 466, chapter 468, chapter 483, chapter 486, or chapter

25  490 beyond 2,080 hours and may employ such practitioner on an

26  hourly or other basis.

27         Section 7.  Subsection (1) of section 232.46, Florida

28  Statutes, is amended to read:

29         232.46  Administration of medication by school district

30  personnel.--

31

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  1         (1)  Notwithstanding the provisions of the Nurse

  2  Practice Act, part I of chapter 464, school district personnel

  3  shall be authorized to assist students in the administration

  4  of prescription medication when the following conditions have

  5  been met:

  6         (a)  Each district school board shall include in its

  7  approved school health services plan a procedure to provide

  8  training, by a registered nurse, a licensed practical nurse, a

  9  physician licensed pursuant to chapter 458 or chapter 459, or

10  a physician assistant licensed pursuant to chapter 458 or

11  chapter 459, to the school personnel designated by the

12  principal to assist students in the administration of

13  prescribed medication.  Such training may be provided in

14  collaboration with other school districts, through contract

15  with an education consortium, or by any other arrangement

16  consistent with the intent of this section.

17         (b)  Each district school board shall adopt policies

18  and procedures governing the administration of prescription

19  medication by school district personnel.  The policies and

20  procedures shall include, but not be limited to, the following

21  provisions:

22         1.  For each prescribed medication, the student's

23  parent or guardian shall provide to the school principal a

24  written statement which shall grant to the principal or the

25  principal's designee permission to assist in the

26  administration of such medication and which shall explain the

27  necessity for such medication to be provided during the school

28  day, including any occasion when the student is away from

29  school property on official school business. The school

30  principal or the principal's trained designee shall assist the

31  student in the administration of such medication.

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  1         2.  Each prescribed medication to be administered by

  2  school district personnel shall be received, counted, and

  3  stored in its original container. When the medication is not

  4  in use, it shall be stored in its original container in a

  5  secure fashion under lock and key in a location designated by

  6  the principal.

  7         Section 8.  Subsection (6) of section 240.4075, Florida

  8  Statutes, is amended to read:

  9         240.4075  Nursing Student Loan Forgiveness Program.--

10         (6)  In addition to licensing fees imposed under part I

11  of chapter 464, there is hereby levied and imposed an

12  additional fee of $5, which fee shall be paid upon licensure

13  or renewal of nursing licensure. Revenues collected from the

14  fee imposed in this subsection shall be deposited in the

15  Nursing Student Loan Forgiveness Trust Fund of the Department

16  of Education and will be used solely for the purpose of

17  carrying out the provisions of this section and s. 240.4076.

18  Up to 50 percent of the revenues appropriated to implement

19  this subsection may be used for the nursing scholarship

20  program established pursuant to s. 240.4076.

21         Section 9.  Paragraph (b) of subsection (1) of section

22  246.081, Florida Statutes, is amended to read:

23         246.081  License, certificate of exemption, or

24  authorization required; exceptions.--

25         (1)  The following colleges are not under the

26  jurisdiction of the board and are not required to obtain a

27  license, a certificate of exemption, permission to operate, or

28  an authorization from the board:

29         (b)  Any college, school, or course licensed or

30  approved for establishment and operation under part I of

31  chapter 464, chapter 466, or chapter 475, or any other chapter

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  1  of the Florida Statutes, requiring licensing or approval as

  2  defined in ss. 246.011-246.151.

  3         Section 10.  Subsection (2) of section 310.102, Florida

  4  Statutes, is amended to read:

  5         310.102  Treatment programs for impaired pilots and

  6  deputy pilots.--

  7         (2)  The department shall retain one or more impaired

  8  practitioner consultants as recommended by the committee. A

  9  consultant shall be a licensee under the jurisdiction of the

10  Division of Medical Quality Assurance within the Department of

11  Health, and at least one consultant must be a practitioner

12  licensed under chapter 458, chapter 459, or part I of chapter

13  464. The consultant shall assist the probable cause panel and

14  department in carrying out the responsibilities of this

15  section. This shall include working with department

16  investigators to determine whether a pilot or deputy pilot is,

17  in fact, impaired.

18         Section 11.  Subsection (7) of section 381.0302,

19  Florida Statutes, is amended to read:

20         381.0302  Florida Health Services Corps.--

21         (7)  The financial penalty for noncompliance with

22  participation requirements for persons who have received

23  financial payments under subsection (5) or subsection (6)

24  shall be determined in the same manner as in the National

25  Health Services Corps scholarship program.  In addition,

26  noncompliance with participation requirements shall also

27  result in ineligibility for professional licensure or renewal

28  of licensure under chapter 458, chapter 459, chapter 460, part

29  I of chapter 464, chapter 465, or chapter 466.  For a

30  participant who is unable to participate for reasons of

31  disability, the penalty is the actual amount of financial

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  1  assistance provided to the participant.  Financial penalties

  2  shall be deposited in the Florida Health Services Corps Trust

  3  Fund and shall be used to provide additional scholarship and

  4  financial assistance.

  5         Section 12.  Subsection (1) of section 384.30, Florida

  6  Statutes, is amended to read:

  7         384.30  Minors' consent to treatment.--

  8         (1)  The department and its authorized representatives,

  9  each physician licensed to practice medicine under the

10  provisions of chapter 458 or chapter 459, each health care

11  professional licensed under the provisions of part I of

12  chapter 464 who is acting pursuant to the scope of his or her

13  license, and each public or private hospital, clinic, or other

14  health facility may examine and provide treatment for sexually

15  transmissible diseases to any minor, if the physician, health

16  care professional, or facility is qualified to provide such

17  treatment.  The consent of the parents or guardians of a minor

18  is not a prerequisite for an examination or treatment.

19         Section 13.  Section 384.31, Florida Statutes, is

20  amended to read:

21         384.31  Serological testing of pregnant women; duty of

22  the attendant.--

23         (1)  Every person, including every physician licensed

24  under chapter 458 or chapter 459 or midwife licensed under

25  part I of chapter 464 or chapter 467, attending a pregnant

26  woman for conditions relating to pregnancy during the period

27  of gestation and delivery shall take or cause to be taken a

28  sample of venous blood at a time or times specified by the

29  department.  Each sample of blood shall be tested by a

30  laboratory approved for such purposes under part I of chapter

31

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  1  483 for sexually transmissible diseases as required by rule of

  2  the department.

  3         (2)  At the time the venous blood sample is taken,

  4  testing for human immunodeficiency virus (HIV) infection shall

  5  be offered to each pregnant woman. The prevailing professional

  6  standard of care in this state requires each health care

  7  provider and midwife who attends a pregnant woman to counsel

  8  the woman to be tested for human immunodeficiency virus (HIV).

  9  Counseling shall include a discussion of the availability of

10  treatment if the pregnant woman tests HIV positive. If a

11  pregnant woman objects to HIV testing, reasonable steps shall

12  be taken to obtain a written statement of such objection,

13  signed by the patient, which shall be placed in the patient's

14  medical record. Every person, including every physician

15  licensed under chapter 458 or chapter 459 or midwife licensed

16  under part I of chapter 464 or chapter 467, who attends a

17  pregnant woman who has been offered and objects to HIV testing

18  shall be immune from liability arising out of or related to

19  the contracting of HIV infection or acquired immune deficiency

20  syndrome (AIDS) by the child from the mother.

21         Section 14.  Subsection (23) of section 394.455,

22  Florida Statutes, is amended to read:

23         394.455  Definitions.--As used in this part, unless the

24  context clearly requires otherwise, the term:

25         (23)  "Psychiatric nurse" means a registered nurse

26  licensed under part I of chapter 464 who has a master's degree

27  or a doctorate in psychiatric nursing and 2 years of

28  post-master's clinical experience under the supervision of a

29  physician.

30

31

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  1         Section 15.  Paragraphs (a) and (b) of subsection (2)

  2  and subsection (4) of section 395.0191, Florida Statutes, are

  3  amended to read:

  4         395.0191  Staff membership and clinical privileges.--

  5         (2)(a)  Each licensed facility shall establish rules

  6  and procedures for consideration of an application for

  7  clinical privileges submitted by an advanced registered nurse

  8  practitioner licensed and certified under part I of chapter

  9  464, in accordance with the provisions of this section.  No

10  licensed facility shall deny such application solely because

11  the applicant is licensed under part I of chapter 464 or

12  because the applicant is not a participant in the Florida

13  Birth-Related Neurological Injury Compensation Plan.

14         (b)  An advanced registered nurse practitioner who is

15  certified as a registered nurse anesthetist licensed under

16  part I of chapter 464 shall administer anesthesia under the

17  onsite medical direction of a professional licensed under

18  chapter 458, chapter 459, or chapter 466, and in accordance

19  with an established protocol approved by the medical staff.

20  The medical direction shall specifically address the needs of

21  the individual patient.

22         (4)  Nothing herein shall restrict in any way the

23  authority of the medical staff of a licensed facility to

24  review for approval or disapproval all applications for

25  appointment and reappointment to all categories of staff and

26  to make recommendations on each applicant to the governing

27  board, including the delineation of privileges to be granted

28  in each case.  In making such recommendations and in the

29  delineation of privileges, each applicant shall be considered

30  individually pursuant to criteria for a doctor licensed under

31  chapter 458, chapter 459, chapter 461, or chapter 466, or for

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  1  an advanced registered nurse practitioner licensed and

  2  certified under part I of chapter 464, or for a psychologist

  3  licensed under chapter 490, as applicable.  The applicant's

  4  eligibility for staff membership or clinical privileges shall

  5  be determined by the applicant's background, experience,

  6  health, training, and demonstrated competency; the applicant's

  7  adherence to applicable professional ethics; the applicant's

  8  reputation; and the applicant's ability to work with others

  9  and by such other elements as determined by the governing

10  board, consistent with this part.

11         Section 16.  Subsection (11) of section 400.021,

12  Florida Statutes, is amended to read:

13         400.021  Definitions.--When used in this part, unless

14  the context otherwise requires, the term:

15         (11)  "Nursing home facility" means any facility which

16  provides nursing services as defined in part I of chapter 464

17  and which is licensed according to this part.

18         Section 17.  Section 400.211, Florida Statutes, is

19  amended to read:

20         400.211  Persons employed as nursing assistants;

21  certification requirement.--

22         (1)  To serve as a nursing assistant in any nursing

23  home, a person must be certified as a nursing assistant under

24  part II XV of chapter 464 468, unless the person is except a

25  registered nurse or practical nurse licensed in accordance

26  with part I of chapter 464 or an applicant for such licensure

27  who is permitted to practice nursing in accordance with rules

28  adopted by the Board of Nursing pursuant to part I of chapter

29  464, to serve as a nursing assistant in any nursing home.

30         (2)  The following categories of persons who are not

31  certified as nursing assistants under this part II of chapter

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  1  464 may be employed by a nursing facility for a period of 4

  2  months:

  3         (a)  Persons who are enrolled in a state-approved

  4  nursing assistant program; or

  5         (b)  Persons who have been positively verified by the

  6  department a state-approved test site as certified and on the

  7  registry in another state with no findings of abuse, but who

  8  have not completed the written examination required under this

  9  section.

10

11  The certification requirement must be met within 4 months

12  after of initial employment as a nursing assistant in a

13  licensed nursing facility.

14         (3)  Nursing homes shall require persons seeking

15  employment as a certified nursing assistant to submit an

16  employment history to the facility. The facility shall verify

17  the employment history unless, through diligent efforts, such

18  verification is not possible.  There shall be no monetary

19  liability on the part of, and no cause of action for damages

20  shall arise against, a former employer who reasonably and in

21  good faith communicates his or her honest opinion about a

22  former employee's job performance.

23         Section 18.  Paragraph (b) of subsection (4) of section

24  400.215, Florida Statutes, is amended to read:

25         400.215  Personnel screening requirement.--

26         (4)

27         (b)  As provided in s. 435.07, the appropriate

28  regulatory board within the Department of Health, or that

29  department itself when there is no board, may grant an

30  exemption from disqualification to an employee or prospective

31  employee who is subject to this section and who has received a

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  1  professional license or certification from the Department of

  2  Health or a regulatory board within that department.

  3         Section 19.  Paragraph (c) is added to subsection (3)

  4  of section 400.23, Florida Statutes, to read:

  5         400.23  Rules; evaluation and deficiencies; licensure

  6  status.--

  7         (3)

  8         (c)  Licensed practical nurses licensed under chapter

  9  464 who are providing nursing services in nursing home

10  facilities under this part may supervise the activities of

11  other licensed practical nurses, certified nursing assistants,

12  and other unlicensed personnel providing services in such

13  facilities in accordance with rules adopted by the Board of

14  Nursing.

15         Section 20.  Subsections (12) and (14) of section

16  400.402, Florida Statutes, are amended to read:

17         400.402  Definitions.--When used in this part, the

18  term:

19         (12)  "Extended congregate care" means acts beyond

20  those authorized in subsection (17) that may be performed

21  pursuant to part I of chapter 464 by persons licensed

22  thereunder while carrying out their professional duties, and

23  other supportive services which may be specified by rule.  The

24  purpose of such services is to enable residents to age in

25  place in a residential environment despite mental or physical

26  limitations that might otherwise disqualify them from

27  residency in a facility licensed under this part.

28         (14)  "Limited nursing services" means acts that may be

29  performed pursuant to part I of chapter 464 by persons

30  licensed thereunder while carrying out their professional

31  duties but limited to those acts which the department

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  1  specifies by rule.  Acts which may be specified by rule as

  2  allowable limited nursing services shall be for persons who

  3  meet the admission criteria established by the department for

  4  assisted living facilities and shall not be complex enough to

  5  require 24-hour nursing supervision and may include such

  6  services as the application and care of routine dressings, and

  7  care of casts, braces, and splints.

  8         Section 21.  Paragraphs (a) and (b) of subsection (3)

  9  of section 400.407, Florida Statutes, are amended to read:

10         400.407  License required; fee, display.--

11         (3)  Any license granted by the agency must state the

12  maximum resident capacity of the facility, the type of care

13  for which the license is granted, the date the license is

14  issued, the expiration date of the license, and any other

15  information deemed necessary by the agency. Licenses shall be

16  issued for one or more of the following categories of care:

17  standard, extended congregate care, limited nursing services,

18  or limited mental health.

19         (a)  A standard license shall be issued to facilities

20  providing one or more of the services identified in s.

21  400.402. Such facilities may also employ or contract with a

22  person licensed under part I of chapter 464 to administer

23  medications and perform other tasks as specified in s.

24  400.4255.

25         (b)  An extended congregate care license shall be

26  issued to facilities providing, directly or through contract,

27  services beyond those authorized in paragraph (a), including

28  acts performed pursuant to part I of chapter 464 by persons

29  licensed thereunder, and supportive services defined by rule

30  to persons who otherwise would be disqualified from continued

31  residence in a facility licensed under this part.

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  1         1.  In order for extended congregate care services to

  2  be provided in a facility licensed under this part, the agency

  3  must first determine that all requirements established in law

  4  and rule are met and must specifically designate, on the

  5  facility's license, that such services may be provided and

  6  whether the designation applies to all or part of a facility.

  7  Such designation may be made at the time of initial licensure

  8  or biennial relicensure, or upon request in writing by a

  9  licensee under this part. Notification of approval or denial

10  of such request shall be made within 90 days after receipt of

11  such request and all necessary documentation. Existing

12  facilities qualifying to provide extended congregate care

13  services must have maintained a standard license and may not

14  have been subject to administrative sanctions during the

15  previous 2 years, or since initial licensure if the facility

16  has been licensed for less than 2 years, for any of the

17  following reasons:

18         a.  A class I or class II violation;

19         b.  Three or more repeat or recurring class III

20  violations of identical or similar resident care standards as

21  specified in rule from which a pattern of noncompliance is

22  found by the agency;

23         c.  Three or more class III violations that were not

24  corrected in accordance with the corrective action plan

25  approved by the agency;

26         d.  Violation of resident care standards resulting in a

27  requirement to employ the services of a consultant pharmacist

28  or consultant dietitian;

29         e.  Denial, suspension, or revocation of a license for

30  another facility under this part in which the applicant for an

31

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  1  extended congregate care license has at least 25 percent

  2  ownership interest; or

  3         f.  Imposition of a moratorium on admissions or

  4  initiation of injunctive proceedings.

  5         2.  Facilities that are licensed to provide extended

  6  congregate care services shall maintain a written progress

  7  report on each person who receives such services, which report

  8  describes the type, amount, duration, scope, and outcome of

  9  services that are rendered and the general status of the

10  resident's health.  A registered nurse, or appropriate

11  designee, representing the agency shall visit such facilities

12  at least two times a year to monitor residents who are

13  receiving extended congregate care services and to determine

14  if the facility is in compliance with this part and with rules

15  that relate to extended congregate care. One of these visits

16  may be in conjunction with the regular biennial survey.  The

17  monitoring visits may be provided through contractual

18  arrangements with appropriate community agencies.  A

19  registered nurse shall serve as part of the team that

20  biennially inspects such facility. The agency may waive one of

21  the required yearly monitoring visits for a facility that has

22  been licensed for at least 24 months to provide extended

23  congregate care services, if, during the biennial inspection,

24  the registered nurse determines that extended congregate care

25  services are being provided appropriately, and if the facility

26  has no class I or class II violations and no uncorrected class

27  III violations. Before such decision is made, the agency shall

28  consult with the long-term care ombudsman council for the area

29  in which the facility is located to determine if any

30  complaints have been made and substantiated about the quality

31  of services or care.  The agency may not waive one of the

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  1  required yearly monitoring visits if complaints have been made

  2  and substantiated.

  3         3.  Facilities that are licensed to provide extended

  4  congregate care services shall:

  5         a.  Demonstrate the capability to meet unanticipated

  6  resident service needs.

  7         b.  Offer a physical environment that promotes a

  8  homelike setting, provides for resident privacy, promotes

  9  resident independence, and allows sufficient congregate space

10  as defined by rule.

11         c.  Have sufficient staff available, taking into

12  account the physical plant and firesafety features of the

13  building, to assist with the evacuation of residents in an

14  emergency, as necessary.

15         d.  Adopt and follow policies and procedures that

16  maximize resident independence, dignity, choice, and

17  decisionmaking to permit residents to age in place to the

18  extent possible, so that moves due to changes in functional

19  status are minimized or avoided.

20         e.  Allow residents or, if applicable, a resident's

21  representative, designee, surrogate, guardian, or attorney in

22  fact to make a variety of personal choices, participate in

23  developing service plans, and share responsibility in

24  decisionmaking.

25         f.  Implement the concept of managed risk.

26         g.  Provide, either directly or through contract, the

27  services of a person licensed pursuant to part I of chapter

28  464.

29         h.  In addition to the training mandated in s. 400.452,

30  provide specialized training as defined by rule for facility

31  staff.

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  1         4.  Facilities licensed to provide extended congregate

  2  care services are exempt from the criteria for continued

  3  residency as set forth in rules adopted under s. 400.441.

  4  Facilities so licensed shall adopt their own requirements

  5  within guidelines for continued residency set forth by the

  6  department in rule.  However, such facilities may not serve

  7  residents who require 24-hour nursing supervision. Facilities

  8  licensed to provide extended congregate care services shall

  9  provide each resident with a written copy of facility policies

10  governing admission and retention.

11         5.  The primary purpose of extended congregate care

12  services is to allow residents, as they become more impaired,

13  the option of remaining in a familiar setting from which they

14  would otherwise be disqualified for continued residency.  A

15  facility licensed to provide extended congregate care services

16  may also admit an individual who exceeds the admission

17  criteria for a facility with a standard license, if the

18  individual is determined appropriate for admission to the

19  extended congregate care facility.

20         6.  Before admission of an individual to a facility

21  licensed to provide extended congregate care services, the

22  individual must undergo a medical examination as provided in

23  s. 400.426(4) and the facility must develop a preliminary

24  service plan for the individual.

25         7.  When a facility can no longer provide or arrange

26  for services in accordance with the resident's service plan

27  and needs and the facility's policy, the facility shall make

28  arrangements for relocating the person in accordance with s.

29  400.428(1)(k).

30

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  1         8.  Failure to provide extended congregate care

  2  services may result in denial of extended congregate care

  3  license renewal.

  4         9.  No later than January 1 of each year, the

  5  department, in consultation with the agency, shall prepare and

  6  submit to the Governor, the President of the Senate, the

  7  Speaker of the House of Representatives, and the chairs of

  8  appropriate legislative committees, a report on the status of,

  9  and recommendations related to, extended congregate care

10  services. The status report must include, but need not be

11  limited to, the following information:

12         a.  A description of the facilities licensed to provide

13  such services, including total number of beds licensed under

14  this part.

15         b.  The number and characteristics of residents

16  receiving such services.

17         c.  The types of services rendered that could not be

18  provided through a standard license.

19         d.  An analysis of deficiencies cited during biennial

20  inspections.

21         e.  The number of residents who required extended

22  congregate care services at admission and the source of

23  admission.

24         f.  Recommendations for statutory or regulatory

25  changes.

26         g.  The availability of extended congregate care to

27  state clients residing in facilities licensed under this part

28  and in need of additional services, and recommendations for

29  appropriations to subsidize extended congregate care services

30  for such persons.

31

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  1         h.  Such other information as the department considers

  2  appropriate.

  3         Section 22.  Paragraphs (a) and (c) of subsection (1)

  4  and subsection (2) of section 400.4255, Florida Statutes, are

  5  amended to read:

  6         400.4255  Use of personnel; emergency care.--

  7         (1)(a)  Persons under contract to the facility,

  8  facility staff, or volunteers, who are licensed according to

  9  part I of chapter 464, or those persons exempt under s.

10  464.022(1), and others as defined by rule, may administer

11  medications to residents, take residents' vital signs, manage

12  individual weekly pill organizers for residents who

13  self-administer medication, give prepackaged enemas ordered by

14  a physician, observe residents, document observations on the

15  appropriate resident's record, report observations to the

16  resident's physician, and contract or allow residents or a

17  resident's representative, designee, surrogate, guardian, or

18  attorney in fact to contract with a third party, provided

19  residents meet the criteria for appropriate placement as

20  defined in s. 400.426.  Nursing assistants certified pursuant

21  to part II of chapter 464 s. 400.211 may take residents' vital

22  signs as directed by a licensed nurse or physician.

23         (c)  In an emergency situation, licensed personnel may

24  carry out their professional duties pursuant to part I of

25  chapter 464 until emergency medical personnel assume

26  responsibility for care.

27         (2)  In facilities licensed to provide extended

28  congregate care, persons under contract to the facility,

29  facility staff, or volunteers, who are licensed according to

30  part I of chapter 464, or those persons exempt under s.

31  464.022(1), or those persons certified as nursing assistants

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  1  pursuant to part II of chapter 464 s. 400.211, may also

  2  perform all duties within the scope of their license or

  3  certification, as approved by the facility administrator and

  4  pursuant to this part.

  5         Section 23.  Subsection (3) of section 400.426, Florida

  6  Statutes, is amended to read:

  7         400.426  Appropriateness of placements; examinations of

  8  residents.--

  9         (3)  Persons licensed under part I of chapter 464 who

10  are employed by or under contract with a facility shall, on a

11  routine basis or at least monthly, perform a nursing

12  assessment of the residents for whom they are providing

13  nursing services ordered by a physician, except administration

14  of medication, and shall document such assessment, including

15  any substantial changes in a resident's status which may

16  necessitate relocation to a nursing home, hospital, or

17  specialized health care facility.  Such records shall be

18  maintained in the facility for inspection by the agency and

19  shall be forwarded to the resident's case manager, if

20  applicable.

21         Section 24.  Subsections (3) and (21) of section

22  400.462, Florida Statutes, are amended to read:

23         400.462  Definitions.--As used in this part, the term:

24         (3)  "Certified nursing assistant" means any person who

25  has been issued a certificate under part II of chapter 464 s.

26  400.211. The licensed home health agency or licensed nurse

27  registry shall ensure that the certified nursing assistant

28  employed by or under contract with the home health agency or

29  licensed nurse registry is adequately trained to perform the

30  tasks of a home health aide in the home setting.

31

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  1         (21)  "Skilled care" means nursing services or

  2  therapeutic services delivered by a health care professional

  3  who is licensed under part I of chapter 464; part I, part III,

  4  or part V of chapter 468; or chapter 486 and who is employed

  5  by or under contract with a licensed home health agency or is

  6  referred by a licensed nurse registry.

  7         Section 25.  Paragraph (c) of subsection (6) of section

  8  400.464, Florida Statutes, is amended to read:

  9         400.464  Home health agencies to be licensed;

10  expiration of license; exemptions; unlawful acts; penalties.--

11         (6)  The following are exempt from the licensure

12  requirements of this part:

13         (c)  A health care professional, whether or not

14  incorporated, who is licensed under chapter 457; chapter 458;

15  chapter 459; part I of chapter 464; chapter 467; part I, part

16  III, part V, or part X of chapter 468; chapter 480; chapter

17  486; chapter 490; or chapter 491; and who is acting alone

18  within the scope of his or her professional license to provide

19  care to patients in their homes.

20         Section 26.  Paragraph (a) of subsection (10),

21  subsection (11), and paragraph (a) of subsection (15) of

22  section 400.506, Florida Statutes, are amended to read:

23         400.506  Licensure of nurse registries; requirements;

24  penalties.--

25         (10)(a)  A nurse registry may refer for contract in

26  private residences registered nurses and licensed practical

27  nurses registered and licensed under part I of chapter 464,

28  certified nursing assistants certified under part II of

29  chapter 464 s. 400.211, home health aides who present

30  documented proof of successful completion of the training

31  required by rule of the agency, and companions or homemakers

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  1  for the purposes of providing those services authorized under

  2  s. 400.509(1). Each person referred by a nurse registry must

  3  provide current documentation that he or she is free from

  4  communicable diseases.

  5         (11)  A person who is referred by a nurse registry for

  6  contract in private residences and who is not a nurse licensed

  7  under part I of chapter 464 may perform only those services or

  8  care to clients that the person has been certified to perform

  9  or trained to perform as required by law or rules of the

10  Agency for Health Care Administration or the Department of

11  Business and Professional Regulation. Providing services

12  beyond the scope authorized under this subsection constitutes

13  the unauthorized practice of medicine or a violation of the

14  Nurse Practice Act and is punishable as provided under chapter

15  458, chapter 459, or part I of chapter 464.

16         (15)  All persons referred for contract in private

17  residences by a nurse registry must comply with the following

18  requirements for a plan of treatment:

19         (a)  When, in accordance with the privileges and

20  restrictions imposed upon a nurse under part I of chapter 464,

21  the delivery of care to a patient is under the direction or

22  supervision of a physician or when a physician is responsible

23  for the medical care of the patient, a medical plan of

24  treatment must be established for each patient receiving care

25  or treatment provided by a licensed nurse in the home.  The

26  original medical plan of treatment must be timely signed by

27  the physician and reviewed by him or her in consultation with

28  the licensed nurse at least every 2 months.  Any additional

29  order or change in orders must be obtained from the physician

30  and reduced to writing and timely signed by the physician.

31  The delivery of care under a medical plan of treatment must be

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  1  substantiated by the appropriate nursing notes or

  2  documentation made by the nurse in compliance with nursing

  3  practices established under part I of chapter 464.

  4         Section 27.  Subsection (1) of section 400.512, Florida

  5  Statutes, is amended to read:

  6         400.512  Screening of home health agency personnel;

  7  nurse registry personnel; and companions and homemakers.--The

  8  agency shall require employment or contractor screening as

  9  provided in chapter 435, using the level 1 standards for

10  screening set forth in that chapter, for home health agency

11  personnel; persons referred for employment by nurse

12  registries; and persons employed by companion or homemaker

13  services registered under s. 400.509.

14         (1)(a)  The Agency for Health Care Administration may,

15  upon request, grant exemptions from disqualification from

16  employment or contracting under this section as provided in s.

17  435.07, except for health care practitioners licensed by the

18  Department of Health or a regulatory board within that

19  department.

20         (b)  The appropriate regulatory board within the

21  Department of Health, or that department itself when there is

22  no board, may, upon request of the licensed health care

23  practitioner, grant exemptions from disqualification from

24  employment or contracting under this section as provided in s.

25  435.07.

26         Section 28.  Subsections (2) and (3) of section

27  400.6105, Florida Statutes, are amended to read:

28         400.6105  Staffing and personnel.--

29         (2)  Each hospice shall employ a full-time registered

30  nurse licensed pursuant to part I of chapter 464 who shall

31

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  1  coordinate the implementation of the plan of care for each

  2  patient.

  3         (3)  A hospice shall employ a hospice care team or

  4  teams who shall participate in the establishment and ongoing

  5  review of the patient's plan of care, and be responsible for

  6  and supervise the delivery of hospice care and services to the

  7  patient. The team shall, at a minimum, consist of a physician

  8  licensed pursuant to chapter 458 or chapter 459, a nurse

  9  licensed pursuant to part I of chapter 464, a social worker,

10  and a pastoral or other counselor. The composition of the team

11  may vary for each patient and, over time, for the same patient

12  to ensure that all the patient's needs and preferences are

13  met.

14         Section 29.  Subsection (20) of section 401.23, Florida

15  Statutes, is amended to read:

16         401.23  Definitions.--As used in this part, the term:

17         (20)  "Registered nurse" means a practitioner who is

18  licensed to practice professional nursing pursuant to part I

19  of chapter 464.

20         Section 30.  Paragraph (c) of subsection (1) of section

21  401.252, Florida Statutes, is amended to read:

22         401.252  Interfacility transfer.--

23         (1)  A licensed basic or advanced life support

24  ambulance service may conduct interfacility transfers in a

25  permitted ambulance, using a registered nurse in place of an

26  emergency medical technician or paramedic, if:

27         (c)  The registered nurse operates within the scope of

28  part I of chapter 464.

29         Section 31.  Subsection (11) of section 408.706,

30  Florida Statutes, is amended to read:

31

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  1         408.706  Community health purchasing alliances;

  2  accountable health partnerships.--

  3         (11)  The ability to recruit and retain alliance

  4  district health care providers in its provider network. For

  5  provider networks initially formed in an alliance district

  6  after July 1, 1993, an accountable health partnership shall

  7  make offers as to provider participation in its provider

  8  network to relevant alliance district health care providers

  9  for at least 60 percent of the available provider positions. A

10  provider who is made an offer may participate in an

11  accountable health partnership as long as the provider abides

12  by the terms and conditions of the provider network contract,

13  provides services at a rate or price equal to the rate or

14  price negotiated by the accountable health partnership, and

15  meets all of the accountable health partnership's

16  qualifications for participation in its provider networks

17  including, but not limited to, network adequacy criteria. For

18  purposes of this subsection, "alliance district health care

19  provider" means a health care provider who is licensed under

20  chapter 458, chapter 459, chapter 460, chapter 461, part I of

21  chapter 464, or chapter 465 who has practiced in Florida for

22  more than 1 year within the alliance district served by the

23  accountable health partnership.

24         Section 32.  Paragraph (d) of subsection (12) of

25  section 409.908, Florida Statutes, is amended to read:

26         409.908  Reimbursement of Medicaid providers.--Subject

27  to specific appropriations, the agency shall reimburse

28  Medicaid providers, in accordance with state and federal law,

29  according to methodologies set forth in the rules of the

30  agency and in policy manuals and handbooks incorporated by

31  reference therein.  These methodologies may include fee

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  1  schedules, reimbursement methods based on cost reporting,

  2  negotiated fees, competitive bidding pursuant to s. 287.057,

  3  and other mechanisms the agency considers efficient and

  4  effective for purchasing services or goods on behalf of

  5  recipients.  Payment for Medicaid compensable services made on

  6  behalf of Medicaid eligible persons is subject to the

  7  availability of moneys and any limitations or directions

  8  provided for in the General Appropriations Act or chapter 216.

  9  Further, nothing in this section shall be construed to prevent

10  or limit the agency from adjusting fees, reimbursement rates,

11  lengths of stay, number of visits, or number of services, or

12  making any other adjustments necessary to comply with the

13  availability of moneys and any limitations or directions

14  provided for in the General Appropriations Act, provided the

15  adjustment is consistent with legislative intent.

16         (12)

17         (d)  Notwithstanding paragraph (b), reimbursement fees

18  to physicians for providing total obstetrical services to

19  Medicaid recipients, which include prenatal, delivery, and

20  postpartum care, shall be at least $1,500 per delivery for a

21  pregnant woman with low medical risk and at least $2,000 per

22  delivery for a pregnant woman with high medical risk. However,

23  reimbursement to physicians working in Regional Perinatal

24  Intensive Care Centers designated pursuant to chapter 383, for

25  services to certain pregnant Medicaid recipients with a high

26  medical risk, may be made according to obstetrical care and

27  neonatal care groupings and rates established by the agency.

28  Nurse midwives licensed under part I of chapter 464 or

29  midwives licensed under chapter 467 shall be reimbursed at no

30  less than 80 percent of the low medical risk fee. The agency

31  shall by rule determine, for the purpose of this paragraph,

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  1  what constitutes a high or low medical risk pregnant woman and

  2  shall not pay more based solely on the fact that a caesarean

  3  section was performed, rather than a vaginal delivery. The

  4  agency shall by rule determine a prorated payment for

  5  obstetrical services in cases where only part of the total

  6  prenatal, delivery, or postpartum care was performed. The

  7  Department of Health shall adopt rules for appropriate

  8  insurance coverage for midwives licensed under chapter 467.

  9  Prior to the issuance and renewal of an active license, or

10  reactivation of an inactive license for midwives licensed

11  under chapter 467, such licensees shall submit proof of

12  coverage with each application.

13         Section 33.  Subsection (1) of section 415.1085,

14  Florida Statutes, is amended to read:

15         415.1085  Photographs, medical examinations, and X rays

16  of abused or neglected aged persons or disabled adults.--

17         (1)  Any person authorized by law to investigate cases

18  of alleged abuse or neglect of an aged person or disabled

19  adult may take or cause to be taken photographs of the areas

20  of trauma visible on the aged person or disabled adult who is

21  the subject of a report, and photographs of the surrounding

22  environment, with the consent of the subject or guardian or

23  guardians.  If the areas of trauma visible on the aged person

24  or disabled adult indicate a need for medical examination, or

25  if the aged person or disabled adult verbally complains or

26  otherwise exhibits distress as a result of injury through

27  suspected adult abuse, neglect, or exploitation, or is alleged

28  to have been sexually abused, the department may, with the

29  consent of the subject or guardian or guardians, cause the

30  aged person or disabled adult to be referred to a licensed

31  physician or any emergency department in a hospital or health

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  1  care facility for medical examinations and X rays, if deemed

  2  necessary by the examining physician.  Such examinations may

  3  be performed by an advanced registered nurse practitioner

  4  licensed pursuant to part I of chapter 464.  Medical

  5  examinations performed and X rays taken pursuant to this

  6  section shall be paid for by third-party reimbursement, if

  7  available, or by the subject or his or her guardian, if they

  8  are determined to be financially able to pay; or, if neither

  9  is available, the department shall pay the costs within

10  available emergency services funds.

11         Section 34.  Paragraph (a) of subsection (1) of section

12  455.597 Florida Statutes, is amended to read:

13         455.597  Requirement for instruction on domestic

14  violence.--

15         (1)(a)  The appropriate board shall require each person

16  licensed or certified under chapter 458, chapter 459, part I

17  of chapter 464, chapter 466, chapter 467, chapter 490, or

18  chapter 491 to complete a 1-hour continuing education course,

19  approved by the board, on domestic violence, as defined in s.

20  741.28, as part of biennial relicensure or recertification.

21  The course shall consist of information on the number of

22  patients in that professional's practice who are likely to be

23  victims of domestic violence and the number who are likely to

24  be perpetrators of domestic violence, screening procedures for

25  determining whether a patient has any history of being either

26  a victim or a perpetrator of domestic violence, and

27  instruction on how to provide such patients with information

28  on, or how to refer such patients to, resources in the local

29  community, such as domestic violence centers and other

30  advocacy groups, that provide legal aid, shelter, victim

31  counseling, batterer counseling, or child protection services.

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  1         Section 35.  Subsection (1) of section 455.604, Florida

  2  Statutes, is amended to read:

  3         455.604  Requirement for instruction for certain

  4  licensees on human immunodeficiency virus and acquired immune

  5  deficiency syndrome.--

  6         (1)  The appropriate board shall require each person

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

  8  459; chapter 460; chapter 461; chapter 463; part I of chapter

  9  464; chapter 465; chapter 466; part II, part III, part V, or

10  part X of chapter 468; or chapter 486 to complete a continuing

11  educational course, approved by the board, on human

12  immunodeficiency virus and acquired immune deficiency syndrome

13  as part of biennial relicensure or recertification. The course

14  shall consist of education on the modes of transmission,

15  infection control procedures, clinical management, and

16  prevention of human immunodeficiency virus and acquired immune

17  deficiency syndrome. Such course shall include information on

18  current Florida law on acquired immune deficiency syndrome and

19  its impact on testing, confidentiality of test results,

20  treatment of patients, and any protocols and procedures

21  applicable to human immunodeficiency virus counseling and

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

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

24  and 384.25.

25         Section 36.  Paragraph (a) of subsection (2) of section

26  455.667, Florida Statutes, is amended to read:

27         455.667  Ownership and control of patient records;

28  report or copies of records to be furnished.--

29         (2)  As used in this section, the terms "records

30  owner," "health care practitioner," and "health care

31  practitioner's employer" do not include any of the following

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  1  persons or entities; furthermore, the following persons or

  2  entities are not authorized to acquire or own medical records,

  3  but are authorized under the confidentiality and disclosure

  4  requirements of this section to maintain those documents

  5  required by the part or chapter under which they are licensed

  6  or regulated:

  7         (a)  Certified nursing assistants regulated under part

  8  II of chapter 464 s. 400.211.

  9         Section 37.  Section 455.677, Florida Statutes, is

10  amended to read:

11         455.677  Disposition of records of deceased

12  practitioners or practitioners relocating or terminating

13  practice.--Each board created under the provisions of chapter

14  457, chapter 458, chapter 459, chapter 460, chapter 461,

15  chapter 463, part I of chapter 464, chapter 465, chapter 466,

16  part I of chapter 484, chapter 486, chapter 490, or chapter

17  491, and the department under the provisions of chapter 462,

18  shall provide by rule for the disposition, under that chapter,

19  of the medical records or records of a psychological nature of

20  practitioners which are in existence at the time the

21  practitioner dies, terminates practice, or relocates and is no

22  longer available to patients and which records pertain to the

23  practitioner's patients.  The rules shall provide that the

24  records be retained for at least 2 years after the

25  practitioner's death, termination of practice, or relocation.

26  In the case of the death of the practitioner, the rules shall

27  provide for the disposition of such records by the estate of

28  the practitioner.

29         Section 38.  Paragraph (b) of subsection (2) of section

30  455.694, Florida Statutes, is amended to read:

31

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  1         455.694  Financial responsibility requirements for

  2  certain health care practitioners.--

  3         (2)  The board or department may grant exemptions upon

  4  application by practitioners meeting any of the following

  5  criteria:

  6         (b)  Any person whose license or certification has

  7  become inactive under chapter 457, chapter 460, chapter 461,

  8  part I of chapter 464, chapter 466, or chapter 467 and who is

  9  not practicing in this state.  Any person applying for

10  reactivation of a license must show either that such licensee

11  maintained tail insurance coverage which provided liability

12  coverage for incidents that occurred on or after October 1,

13  1993, or the initial date of licensure in this state,

14  whichever is later, and incidents that occurred before the

15  date on which the license became inactive; or such licensee

16  must submit an affidavit stating that such licensee has no

17  unsatisfied medical malpractice judgments or settlements at

18  the time of application for reactivation.

19         Section 39.  Subsection (2) of section 455.707, Florida

20  Statutes, is amended to read:

21         455.707  Treatment programs for impaired

22  practitioners.--

23         (2)  The department shall retain one or more impaired

24  practitioner consultants as recommended by the committee.  A

25  consultant shall be a licensee or recovered licensee under the

26  jurisdiction of the Division of Medical Quality Assurance

27  within the department, and at least one consultant must be a

28  practitioner or recovered practitioner licensed under chapter

29  458, chapter 459, or part I of chapter 464.  The consultant

30  shall assist the probable cause panel and department in

31  carrying out the responsibilities of this section.  This shall

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  1  include working with department investigators to determine

  2  whether a practitioner is, in fact, impaired.

  3         Section 40.  Subsection (2) of section 458.348, Florida

  4  Statutes, is amended to read:

  5         458.348  Formal supervisory relationships, standing

  6  orders, and established protocols; notice; standards.--

  7         (2)  ESTABLISHMENT OF STANDARDS BY JOINT

  8  COMMITTEE.--The joint committee created by s. 464.003(3)(c)

  9  shall determine minimum standards for the content of

10  established protocols pursuant to which an advanced registered

11  nurse practitioner may perform medical acts identified and

12  approved by the joint committee pursuant to s. 464.003(3)(c)

13  or acts set forth in s. 464.012(3) and (4) and shall determine

14  minimum standards for supervision of such acts by the

15  physician, unless the joint committee determines that any act

16  set forth in s. 464.012(3) or (4) is not a medical act.  Such

17  standards shall be based on risk to the patient and acceptable

18  standards of medical care and shall take into account the

19  special problems of medically underserved areas. The standards

20  developed by the joint committee shall be adopted as rules by

21  the Board of Nursing and the Board of Medicine for purposes of

22  carrying out their responsibilities pursuant to part I of

23  chapter 464 and this chapter, respectively, but neither board

24  shall have disciplinary powers over the licensees of the other

25  board.

26         Section 41.  Section 464.001, Florida Statutes, is

27  amended to read:

28         464.001  Short title.--This part may be cited chapter

29  shall be known as the "Nurse Practice Act."

30         Section 42.  Section 464.002, Florida Statutes, is

31  amended to read:

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  1         464.002  Purpose.--The sole legislative purpose in

  2  enacting this part chapter is to ensure that every nurse

  3  practicing in this state meets minimum requirements for safe

  4  practice.  It is the legislative intent that nurses who fall

  5  below minimum competency or who otherwise present a danger to

  6  the public shall be prohibited from practicing in this state.

  7         Section 43.  Section 464.003, Florida Statutes, is

  8  amended to read:

  9         464.003  Definitions.--As used in this part chapter:

10         (1)  "Department" means the Department of Health.

11         (2)  "Board" means the Board of Nursing as created in

12  this chapter.

13         (3)(a)  "Practice of professional nursing" means the

14  performance of those acts requiring substantial specialized

15  knowledge, judgment, and nursing skill based upon applied

16  principles of psychological, biological, physical, and social

17  sciences which shall include, but not be limited to:

18         1.  The observation, assessment, nursing diagnosis,

19  planning, intervention, and evaluation of care; health

20  teaching and counseling of the ill, injured, or infirm; and

21  the promotion of wellness, maintenance of health, and

22  prevention of illness of others.

23         2.  The administration of medications and treatments as

24  prescribed or authorized by a duly licensed practitioner

25  authorized by the laws of this state to prescribe such

26  medications and treatments.

27         3.  The supervision and teaching of other personnel in

28  the theory and performance of any of the above acts.

29         (b)  "Practice of practical nursing" means the

30  performance of selected acts, including the administration of

31  treatments and medications, in the care of the ill, injured,

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  1  or infirm and the promotion of wellness, maintenance of

  2  health, and prevention of illness of others under the

  3  direction of a registered nurse, a licensed physician, a

  4  licensed osteopathic physician, a licensed podiatric

  5  physician, or a licensed dentist.

  6

  7  The professional nurse and the practical nurse shall be

  8  responsible and accountable for making decisions that are

  9  based upon the individual's educational preparation and

10  experience in nursing.

11         (c)  "Advanced or specialized nursing practice" means,

12  in addition to the practice of professional nursing, the

13  performance of advanced-level nursing acts approved by the

14  board which, by virtue of postbasic specialized education,

15  training, and experience, are proper to be performed by an

16  advanced registered nurse practitioner.  Within the context of

17  advanced or specialized nursing practice, the advanced

18  registered nurse practitioner may perform acts of nursing

19  diagnosis and nursing treatment of alterations of the health

20  status.  The advanced registered nurse practitioner may also

21  perform acts of medical diagnosis and treatment, prescription,

22  and operation which are identified and approved by a joint

23  committee composed of three members appointed by the Board of

24  Nursing, two of whom shall be advanced registered nurse

25  practitioners; three members appointed by the Board of

26  Medicine, two of whom shall have had work experience with

27  advanced registered nurse practitioners; and the secretary of

28  the department or the secretary's designee. Each committee

29  member appointed by a board shall be appointed to a term of 4

30  years unless a shorter term is required to establish or

31  maintain staggered terms. The Board of Nursing shall adopt

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  1  rules authorizing the performance of any such acts approved by

  2  the joint committee. Unless otherwise specified by the joint

  3  committee, such acts shall be performed under the general

  4  supervision of a practitioner licensed under chapter 458,

  5  chapter 459, or chapter 466 within the framework of standing

  6  protocols which identify the medical acts to be performed and

  7  the conditions for their performance.  The department may, by

  8  rule, require that a copy of the protocol be filed with the

  9  department along with the notice required by s. 458.348.

10         (d)  "Nursing diagnosis" means the observation and

11  evaluation of physical or mental conditions, behaviors, signs

12  and symptoms of illness, and reactions to treatment and the

13  determination as to whether such conditions, signs, symptoms,

14  and reactions represent a deviation from normal.

15         (e)  "Nursing treatment" means the establishment and

16  implementation of a nursing regimen for the care and comfort

17  of individuals, the prevention of illness, and the education,

18  restoration, and maintenance of health.

19         (4)  "Registered nurse" means any person licensed in

20  this state to practice professional nursing.

21         (5)  "Licensed practical nurse" means any person

22  licensed in this state to practice practical nursing.

23         (6)  "Advanced registered nurse practitioner" means any

24  person licensed in this state to practice professional nursing

25  and certified in advanced or specialized nursing practice.

26         (7)  "Approved program" means a nursing program

27  conducted in a school, college, or university which is

28  approved by the board pursuant to s. 464.019 for the education

29  of nurses.

30         Section 44.  Section 464.006, Florida Statutes, is

31  amended to read:

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  1         464.006  Authority to make rules.--The board of Nursing

  2  has authority to adopt rules pursuant to ss. 120.536(1) and

  3  120.54 to implement the provisions of this part chapter

  4  conferring duties upon it.

  5         Section 45.  Subsection (3) of section 464.009, Florida

  6  Statutes, is amended to read:

  7         464.009  Licensure by endorsement.--

  8         (3)  The department shall not issue a license by

  9  endorsement to any applicant who is under investigation in

10  another state for an act which would constitute a violation of

11  this part chapter until such time as the investigation is

12  complete, at which time the provisions of s. 464.018 shall

13  apply.

14         Section 46.  Paragraphs (a) and (d) of subsection (1)

15  and paragraph (b) of subsection (2) of section 464.016,

16  Florida Statutes, are amended to read:

17         464.016  Violations and penalties.--

18         (1)  Each of the following acts constitutes a felony of

19  the third degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084:

21         (a)  Practicing advanced or specialized, professional

22  or practical nursing, as defined in this part chapter, unless

23  holding an active license or certificate to do so.

24         (d)  Obtaining or attempting to obtain a license or

25  certificate under this part chapter by misleading statements

26  or knowing misrepresentation.

27         (2)  Each of the following acts constitutes a

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

29  775.082 or s. 775.083:

30         (b)  Knowingly concealing information relating to

31  violations of this part chapter.

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  1         Section 47.  Paragraphs (i), (k), and (l) of subsection

  2  (1) and subsection (4) of section 464.018, Florida Statutes,

  3  are amended to read:

  4         464.018  Disciplinary actions.--

  5         (1)  The following acts shall be grounds for

  6  disciplinary action set forth in this section:

  7         (i)  Engaging or attempting to engage in the

  8  possession, sale, or distribution of controlled substances as

  9  set forth in chapter 893, for any other than legitimate

10  purposes authorized by this part chapter.

11         (k)  Failing to report to the department any person who

12  the licensee knows is in violation of this part chapter or of

13  the rules of the department or the board; however, if the

14  licensee verifies that such person is actively participating

15  in a board-approved program for the treatment of a physical or

16  mental condition, the licensee is required to report such

17  person only to an impaired professionals consultant.

18         (l)  Knowingly violating any provision of this part

19  chapter, a rule of the board or the department, or a lawful

20  order of the board or department previously entered in a

21  disciplinary proceeding or failing to comply with a lawfully

22  issued subpoena of the department.

23         (4)  The board shall not reinstate the license of a

24  nurse who has been found guilty by the board on three separate

25  occasions of violations of this part chapter relating to the

26  use of drugs or narcotics, which offenses involved the

27  diversion of drugs or narcotics from patients to personal use

28  or sale.

29         Section 48.  Subsections (1), (2), and (3) of section

30  464.019, Florida Statutes, are amended to read:

31         464.019  Approval of nursing programs.--

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  1         (1)  An institution desiring to conduct an approved

  2  program for the education of professional or practical nurses

  3  shall apply to the department and submit such evidence as may

  4  be required to show that it complies with the provisions of

  5  this part chapter and with the rules of the board. The

  6  application shall include a program review fee, as set by the

  7  board, not to exceed $1,000.

  8         (2)  The board shall adopt rules regarding educational

  9  objectives, faculty qualifications, curriculum guidelines,

10  administrative procedures, and clinical training as are

11  necessary to ensure that approved programs graduate nurses

12  capable of competent practice under this part act.

13         (3)  The department shall survey each institution

14  applying for approval and submit its findings to the board.

15  If the board is satisfied that the program meets the

16  requirements of this part chapter and rules pursuant thereto,

17  it shall certify the program for approval and the department

18  shall approve the program.

19         Section 49.  Section 464.022, Florida Statutes, is

20  amended to read:

21         464.022  Exceptions.--No provision of this part chapter

22  shall be construed to prohibit:

23         (1)  The care of the sick by friends or members of the

24  family without compensation, the incidental care of the sick

25  by domestic servants, or the incidental care of

26  noninstitutionalized persons by a surrogate family.

27         (2)  Assistance by anyone in the case of an emergency.

28         (3)  The practice of nursing by students enrolled in

29  approved schools of nursing.

30         (4)  The practice of nursing by graduates of approved

31  programs or the equivalent, pending the result of the first

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  1  licensing examination for which they are eligible following

  2  graduation, provided they practice under direct supervision of

  3  a registered professional nurse.  The board shall by rule

  4  define what constitutes direct supervision.

  5         (5)  The rendering of services by nursing assistants

  6  acting under the direct supervision of a registered

  7  professional nurse.

  8         (6)  Any nurse practicing in accordance with the

  9  practices and principles of the body known as the Church of

10  Christ Scientist; nor shall any rule of the board apply to any

11  sanitarium, nursing home, or rest home operated in accordance

12  with the practices and principles of the body known as the

13  Church of Christ Scientist.

14         (7)  The practice of any legally qualified nurse or

15  licensed attendant of another state who is employed by the

16  United States Government, or any bureau, division, or agency

17  thereof, while in the discharge of official duties.

18         (8)  Any nurse currently licensed in another state from

19  performing nursing services in this state for a period of 60

20  days after furnishing to the employer satisfactory evidence of

21  current licensure in another state and having submitted proper

22  application and fees to the board for licensure prior to

23  employment.  The board may extend this time for administrative

24  purposes when necessary.

25         (9)  The rendering of nursing services on a

26  fee-for-service basis, or the reimbursement for nursing

27  services directly to a nurse rendering such services by any

28  government program, commercial insurance company, hospital or

29  medical services plan, or any other third-party payor.

30

31

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  1         (10)  The establishment of an independent practice by

  2  one or more nurses for the purpose of rendering to patients

  3  nursing services within the scope of the nursing license.

  4         (11)  The furnishing of hemodialysis treatments in a

  5  patient's home, using an assistant chosen by the patient,

  6  provided that the assistant is properly trained, as defined by

  7  the board by rule, and has immediate telephonic access to a

  8  registered nurse who is licensed pursuant to this part chapter

  9  and who has dialysis training and experience.

10         (12)  The practice of nursing by any legally qualified

11  nurse of another state whose employment requires the nurse to

12  accompany and care for a patient temporarily residing in this

13  state for not more than 30 consecutive days, provided the

14  patient is not in an inpatient setting, the board is notified

15  prior to arrival of the patient and nurse, the nurse has the

16  standing physician orders and current medical status of the

17  patient available, and prearrangements with the appropriate

18  licensed health care providers in this state have been made in

19  case the patient needs placement in an inpatient setting.

20         (13)  The practice of nursing by individuals enrolled

21  in board-approved remedial courses.

22         Section 50.  Section 464.023, Florida Statutes, is

23  amended to read:

24         464.023  Saving clauses.--

25         (1)  No judicial or administrative proceeding pending

26  on July 1, 1979, shall be abated as a result of the repeal and

27  reenactment of this part chapter.

28         (2)  Each licensee or holder of a certificate who was

29  duly licensed or certified on June 30, 1979, shall be entitled

30  to hold such license or certificate.  Henceforth, such license

31

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  1  or certificate shall be renewed in accordance with the

  2  provisions of this part act.

  3         Section 51.  Subsection (3) of section 464.027, Florida

  4  Statutes, is amended to read:

  5         464.027  Registered nurse first assistant.--

  6         (3)  QUALIFICATIONS.--A registered nurse first

  7  assistant is any person who:

  8         (a)  Is licensed as a registered nurse under this part

  9  chapter;

10         (b)  Is certified in perioperative nursing; and

11         (c)  Holds a certificate from, and has successfully

12  completed, a recognized program.

13         Section 52.  Subsection (6) of section 466.003, Florida

14  Statutes, is amended to read:

15         466.003  Definitions.--As used in this chapter:

16         (6)  "Dental assistant" means a person, other than a

17  dental hygienist, who, under the supervision and authorization

18  of a dentist, provides dental care services directly to a

19  patient. This term shall not include a certified registered

20  nurse anesthetist licensed under part I of chapter 464.

21         Section 53.  Subsection (2) of section 467.003, Florida

22  Statutes, is amended to read:

23         467.003  Definitions.--As used in this chapter, unless

24  the context otherwise requires:

25         (2)  "Certified nurse midwife" means a person who is

26  licensed as an advanced registered nurse practitioner under

27  part I of chapter 464 and who is certified to practice

28  midwifery by the American College of Nurse Midwives.

29         Section 54.  Paragraph (a) of subsection (2) of section

30  467.0125, Florida Statutes, is amended to read:

31         467.0125  Licensure by endorsement.--

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  1         (2)  The department may issue a temporary certificate

  2  to practice in areas of critical need to any midwife who is

  3  qualifying for licensure by endorsement under subsection (1),

  4  with the following restrictions:

  5         (a)  The Department of Health shall determine the areas

  6  of critical need, and the midwife so certified shall practice

  7  only in those specific areas, under the auspices of a

  8  physician licensed pursuant to chapter 458 or chapter 459, a

  9  certified nurse midwife licensed pursuant to part I of chapter

10  464, or a midwife licensed under this chapter, who has a

11  minimum of 3 years' professional experience. Such areas shall

12  include, but not be limited to, health professional shortage

13  areas designated by the United States Department of Health and

14  Human Services.

15         Section 55.  Paragraph (e) of subsection (2) of section

16  467.203, Florida Statutes, is amended to read:

17         467.203  Disciplinary actions; penalties.--

18         (2)  When the department finds any person guilty of any

19  of the grounds set forth in subsection (1), it may enter an

20  order imposing one or more of the following penalties:

21         (e)  Placement of the midwife on probation for such

22  period of time and subject to such conditions as the

23  department may specify, including requiring the midwife to

24  submit to treatment; undertake further relevant education or

25  training; take an examination; or work under the supervision

26  of another licensed midwife, a physician, or a nurse midwife

27  licensed under part I of chapter 464.

28         Section 56.  Paragraph (a) of subsection (1) of section

29  468.505, Florida Statutes, is amended to read:

30         468.505  Exemptions; exceptions.--

31

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  1         (1)  Nothing in this part may be construed as

  2  prohibiting or restricting the practice, services, or

  3  activities of:

  4         (a)  A person licensed in this state under chapter 457,

  5  chapter 458, chapter 459, chapter 460, chapter 461, chapter

  6  462, chapter 463, part I of chapter 464, chapter 465, chapter

  7  466, chapter 480, chapter 490, or chapter 491, when engaging

  8  in the profession or occupation for which he or she is

  9  licensed, or of any person employed by and under the

10  supervision of the licensee when rendering services within the

11  scope of the profession or occupation of the licensee.

12         Section 57.  Subsection (7) of section 483.041, Florida

13  Statutes, is amended to read:

14         483.041  Definitions.--As used in this part, the term:

15         (7)  "Licensed practitioner" means a physician licensed

16  under chapter 458, chapter 459, chapter 460, or chapter 461; a

17  dentist licensed under chapter 466; a person licensed under

18  chapter 462; or an advanced registered nurse practitioner

19  licensed under part I of chapter 464; or a duly licensed

20  practitioner from another state licensed under similar

21  statutes who orders examinations on materials or specimens for

22  nonresidents of the State of Florida, but who reside in the

23  same state as the requesting licensed practitioner.

24         Section 58.  Subsection (5) of section 483.801, Florida

25  Statutes, is amended to read:

26         483.801  Exemptions.--This part applies to all clinical

27  laboratories and clinical laboratory personnel within this

28  state, except:

29         (5)  Advanced registered nurse practitioners licensed

30  under part I of chapter 464 who perform provider-performed

31

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  1  microscopy procedures (PPMP) in an exclusive-use laboratory

  2  setting.

  3         Section 59.  Paragraph (a) of subsection (4) of section

  4  491.0112, Florida Statutes, is amended to read:

  5         491.0112  Sexual misconduct by a psychotherapist;

  6  penalties.--

  7         (4)  For the purposes of this section:

  8         (a)  The term "psychotherapist" means any person

  9  licensed pursuant to chapter 458, chapter 459, part I of

10  chapter 464, chapter 490, or chapter 491, or any other person

11  who provides or purports to provide treatment, diagnosis,

12  assessment, evaluation, or counseling of mental or emotional

13  illness, symptom, or condition.

14         Section 60.  Subsection (5) of section 550.24055,

15  Florida Statutes, is amended to read:

16         550.24055  Use of controlled substances or alcohol

17  prohibited; testing of certain occupational licensees;

18  penalty; evidence of test or action taken and admissibility

19  for criminal prosecution limited.--

20         (5)  This section does not apply to the possession and

21  use of controlled or chemical substances that are prescribed

22  as part of the care and treatment of a disease or injury by a

23  practitioner licensed under chapter 458, chapter 459, part I

24  of chapter 464, or chapter 466.

25         Section 61.  Paragraph (h) of subsection (4) of section

26  627.351, Florida Statutes, is amended to read:

27         627.351  Insurance risk apportionment plans.--

28         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--

29         (h)  As used in this subsection:

30         1.  "Health care provider" means hospitals licensed

31  under chapter 395; physicians licensed under chapter 458;

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  1  osteopathic physicians licensed under chapter 459; podiatric

  2  physicians licensed under chapter 461; dentists licensed under

  3  chapter 466; chiropractic physicians licensed under chapter

  4  460; naturopaths licensed under chapter 462; nurses licensed

  5  under part I of chapter 464; midwives licensed under chapter

  6  467; clinical laboratories registered under chapter 483;

  7  physician assistants licensed under chapter 458 or chapter

  8  459; physical therapists and physical therapist assistants

  9  licensed under chapter 486; health maintenance organizations

10  certificated under part I of chapter 641; ambulatory surgical

11  centers licensed under chapter 395; other medical facilities

12  as defined in subparagraph 2.; blood banks, plasma centers,

13  industrial clinics, and renal dialysis facilities; or

14  professional associations, partnerships, corporations, joint

15  ventures, or other associations for professional activity by

16  health care providers.

17         2.  "Other medical facility" means a facility the

18  primary purpose of which is to provide human medical

19  diagnostic services or a facility providing nonsurgical human

20  medical treatment, to which facility the patient is admitted

21  and from which facility the patient is discharged within the

22  same working day, and which facility is not part of a

23  hospital.  However, a facility existing for the primary

24  purpose of performing terminations of pregnancy or an office

25  maintained by a physician or dentist for the practice of

26  medicine shall not be construed to be an "other medical

27  facility."

28         3.  "Health care facility" means any hospital licensed

29  under chapter 395, health maintenance organization

30  certificated under part I of chapter 641, ambulatory surgical

31

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  1  center licensed under chapter 395, or other medical facility

  2  as defined in subparagraph 2.

  3         Section 62.  Paragraph (b) of subsection (1) of section

  4  627.357, Florida Statutes, is amended to read:

  5         627.357  Medical malpractice self-insurance.--

  6         (1)  DEFINITIONS.--As used in this section, the term:

  7         (b)  "Health care provider" means any:

  8         1.  Hospital licensed under chapter 395.

  9         2.  Physician licensed, or physician assistant

10  licensed, under chapter 458.

11         3.  Osteopathic physician or physician assistant

12  licensed under chapter 459.

13         4.  Podiatric physician licensed under chapter 461.

14         5.  Health maintenance organization certificated under

15  part I of chapter 641.

16         6.  Ambulatory surgical center licensed under chapter

17  395.

18         7.  Chiropractic physician licensed under chapter 460.

19         8.  Psychologist licensed under chapter 490.

20         9.  Optometrist licensed under chapter 463.

21         10.  Dentist licensed under chapter 466.

22         11.  Pharmacist licensed under chapter 465.

23         12.  Registered nurse, licensed practical nurse, or

24  advanced registered nurse practitioner licensed or registered

25  under part I of chapter 464.

26         13.  Other medical facility.

27         14.  Professional association, partnership,

28  corporation, joint venture, or other association established

29  by the individuals set forth in subparagraphs 2., 3., 4., 7.,

30  8., 9., 10., 11., and 12. for professional activity.

31

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  1         Section 63.  Subsection (6) of section 627.9404,

  2  Florida Statutes, is amended to read:

  3         627.9404  Definitions.--For the purposes of this part:

  4         (6)  "Licensed health care practitioner" means any

  5  physician, nurse licensed under part I of chapter 464, or

  6  psychotherapist licensed under chapter 490 or chapter 491, or

  7  any individual who meets any requirements prescribed by rule

  8  by the department.

  9         Section 64.  Subsection (21) of section 641.31, Florida

10  Statutes, is amended to read:

11         641.31  Health maintenance contracts.--

12         (21)  Notwithstanding any other provision of law,

13  health maintenance policies or contracts which provide

14  anesthesia coverage, benefits, or services shall offer to the

15  subscriber, if requested and available, the services of a

16  certified registered nurse anesthetist licensed pursuant to

17  part I of chapter 464.

18         Section 65.  Subsection (8) of section 766.101, Florida

19  Statutes, is amended to read:

20         766.101  Medical review committee, immunity from

21  liability.--

22         (8)  No cause of action of any nature by a person

23  licensed pursuant to chapter 458, chapter 459, chapter 461,

24  chapter 463, part I of chapter 464, chapter 465, or chapter

25  466 shall arise against another person licensed pursuant to

26  chapter 458, chapter 459, chapter 461, chapter 463, part I of

27  chapter 464, chapter 465, or chapter 466 for furnishing

28  information to a duly appointed medical review committee, to

29  an internal risk management program established under s.

30  395.0197, to the Department of Business and Professional

31  Regulation, or to the appropriate regulatory board if the

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  1  information furnished concerns patient care at a facility

  2  licensed pursuant to part I of chapter 395 where both persons

  3  provide health care services, if the information is not

  4  intentionally fraudulent, and if the information is within the

  5  scope of the functions of the committee, department, or board.

  6  However, if such information is otherwise available from

  7  original sources, it is not immune from discovery or use in a

  8  civil action merely because it was presented during a

  9  proceeding of the committee, department, or board.

10         Section 66.  Subsection (2) of section 766.110, Florida

11  Statutes, is amended to read:

12         766.110  Liability of health care facilities.--

13         (2)  Every hospital licensed under chapter 395 may

14  carry liability insurance or adequately insure itself in an

15  amount of not less than $1.5 million per claim, $5 million

16  annual aggregate to cover all medical injuries to patients

17  resulting from negligent acts or omissions on the part of

18  those members of its medical staff who are covered thereby in

19  furtherance of the requirements of ss. 458.320 and 459.0085.

20  Self-insurance coverage extended hereunder to a member of a

21  hospital's medical staff meets the financial responsibility

22  requirements of ss. 458.320 and 459.0085 if the physician's

23  coverage limits are not less than the minimum limits

24  established in ss. 458.320 and 459.0085 and the hospital is a

25  verified trauma center as of July 1, 1990, that has extended

26  self-insurance coverage continuously to members of its medical

27  staff for activities both inside and outside of the hospital

28  since January 1, 1987.  Any insurer authorized to write

29  casualty insurance may make available, but shall not be

30  required to write, such coverage.  The hospital may assess on

31  an equitable and pro rata basis the following professional

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  1  health care providers for a portion of the total hospital

  2  insurance cost for this coverage:  physicians licensed under

  3  chapter 458, osteopathic physicians licensed under chapter

  4  459, podiatric physicians licensed under chapter 461, dentists

  5  licensed under chapter 466, and nurses licensed under part I

  6  of chapter 464. The hospital may provide for a deductible

  7  amount to be applied against any individual health care

  8  provider found liable in a law suit in tort or for breach of

  9  contract.  The legislative intent in providing for the

10  deductible to be applied to individual health care providers

11  found negligent or in breach of contract is to instill in each

12  individual health care provider the incentive to avoid the

13  risk of injury to the fullest extent and ensure that the

14  citizens of this state receive the highest quality health care

15  obtainable.

16         Section 67.  Paragraph (d) of subsection (3) of section

17  766.1115, Florida Statutes, is amended to read:

18         766.1115  Health care providers; creation of agency

19  relationship with governmental contractors.--

20         (3)  DEFINITIONS.--As used in this section, the term:

21         (d)  "Health care provider" or "provider" means:

22         1.  A birth center licensed under chapter 383.

23         2.  An ambulatory surgical center licensed under

24  chapter 395.

25         3.  A hospital licensed under chapter 395.

26         4.  A physician or physician assistant licensed under

27  chapter 458.

28         5.  An osteopathic physician or osteopathic physician

29  assistant licensed under chapter 459.

30         6.  A chiropractic physician licensed under chapter

31  460.

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  1         7.  A podiatric physician licensed under chapter 461.

  2         8.  A registered nurse, nurse midwife, licensed

  3  practical nurse, or advanced registered nurse practitioner

  4  licensed or registered under part I of chapter 464 or any

  5  facility which employs nurses licensed or registered under

  6  part I of chapter 464 to supply all or part of the care

  7  delivered under this section.

  8         9.  A midwife licensed under chapter 467.

  9         10.  A health maintenance organization certificated

10  under part I of chapter 641.

11         11.  A health care professional association and its

12  employees or a corporate medical group and its employees.

13         12.  Any other medical facility the primary purpose of

14  which is to deliver human medical diagnostic services or which

15  delivers nonsurgical human medical treatment, and which

16  includes an office maintained by a provider.

17         13.  A dentist or dental hygienist licensed under

18  chapter 466.

19         14.  Any other health care professional, practitioner,

20  provider, or facility under contract with a governmental

21  contractor.

22

23  The term includes any nonprofit corporation qualified as

24  exempt from federal income taxation under s. 501(c) of the

25  Internal Revenue Code which delivers health care services

26  provided by licensed professionals listed in this paragraph,

27  any federally funded community health center, and any

28  volunteer corporation or volunteer health care provider that

29  delivers health care services.

30         Section 68.  Subsection (1) of section 877.111, Florida

31  Statutes, is amended to read:

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  1         877.111  Inhalation, ingestion, possession, sale,

  2  purchase, or transfer of harmful chemical substances;

  3  penalties.--

  4         (1)  It is unlawful for any person to inhale or ingest,

  5  or to possess with intent to breathe, inhale, or drink, any

  6  compound, liquid, or chemical containing toluol, hexane,

  7  trichloroethylene, acetone, toluene, ethyl acetate, methyl

  8  ethyl ketone, trichloroethane, isopropanol, methyl isobutyl

  9  ketone, ethylene glycol monomethyl ether acetate,

10  cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites

11  (butyl nitrite), or any similar substance for the purpose of

12  inducing a condition of intoxication or which distorts or

13  disturbs the auditory, visual, or mental processes.  This

14  section does not apply to the possession and use of these

15  substances as part of the care or treatment of a disease or

16  injury by a practitioner licensed under chapter 458, chapter

17  459, part I of chapter 464, or chapter 466 or to beverages

18  controlled by the provisions of chapter 561, chapter 562,

19  chapter 563, chapter 564, or chapter 565.

20         Section 69.  Subsection (6) of section 945.602, Florida

21  Statutes, is amended to read:

22         945.602  State of Florida Correctional Medical

23  Authority; creation; members.--

24         (6)  At least one member of the authority must be a

25  nurse licensed under part I of chapter 464 and have at least 5

26  years' experience in the practice of nursing.

27         Section 70.  Subsection (2) of section 960.28, Florida

28  Statutes, is amended to read:

29         960.28  Payment for victims' initial forensic physical

30  examinations.--

31

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  1         (2)  The Crime Victims' Services Office of the

  2  department shall pay for medical expenses connected with an

  3  initial forensic physical examination of a victim who reports

  4  a violation of chapter 794 or chapter 800 to a law enforcement

  5  officer.  Such payment shall be made regardless of whether or

  6  not the victim is covered by health or disability insurance.

  7  The payment shall be made only out of moneys allocated to the

  8  Crime Victims' Services Office for the purposes of this

  9  section, and the payment may not exceed $250 with respect to

10  any violation. Payment may not be made for an initial forensic

11  physical examination unless the law enforcement officer

12  certifies in writing that the initial forensic physical

13  examination is needed to aid in the investigation of an

14  alleged sexual offense and that the claimant is the alleged

15  victim of the offense. The department shall develop and

16  maintain separate protocols for the initial forensic physical

17  examination of adults and children. Payment under this section

18  is limited to medical expenses connected with the initial

19  forensic physical examination, and payment may be made to a

20  medical provider using an examiner qualified under part I of

21  chapter 464, excluding s. 464.003(5); chapter 458; or chapter

22  459. Payment made to the medical provider by the department

23  shall be considered by the provider as payment in full for the

24  initial forensic physical examination associated with the

25  collection of evidence. The victim may not be required to pay,

26  directly or indirectly, the cost of an initial forensic

27  physical examination performed in accordance with this

28  section.

29         Section 71.  Subsection (36) of section 984.03, Florida

30  Statutes, is amended to read:

31

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  1         984.03  Definitions.--When used in this chapter, the

  2  term:

  3         (36)  "Licensed health care professional" means a

  4  physician licensed under chapter 458, an osteopathic physician

  5  licensed under chapter 459, a nurse licensed under part I of

  6  chapter 464, a physician assistant licensed under chapter 458

  7  or chapter 459, or a dentist licensed under chapter 466.

  8         Section 72.  Subsection (37) of section 985.03, Florida

  9  Statutes, is amended to read:

10         985.03  Definitions.--When used in this chapter, the

11  term:

12         (37)  "Licensed health care professional" means a

13  physician licensed under chapter 458, an osteopathic physician

14  licensed under chapter 459, a nurse licensed under part I of

15  chapter 464, a physician assistant licensed under chapter 458

16  or chapter 459, or a dentist licensed under chapter 466.

17         Section 73.  Section 455.557, Florida Statutes, is

18  amended to read:

19         455.557  Standardized credentialing for health care

20  practitioners.--

21         (1)  INTENT.--The Legislature recognizes that an

22  efficient and effective health care practitioner credentialing

23  program helps to ensure access to quality health care and also

24  recognizes that health care practitioner credentialing

25  activities have increased significantly as a result of health

26  care reform and recent changes in health care delivery and

27  reimbursement systems. Moreover, the resulting duplication of

28  health care practitioner credentialing activities is

29  unnecessarily costly and cumbersome for both the practitioner

30  and the entity granting practice privileges. Therefore, it is

31  the intent of this section that a credentials collection

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  1  program be established which provides that, once a health care

  2  practitioner's core credentials data are collected, they need

  3  not be collected again, except for corrections, updates, and

  4  modifications thereto. Participation under this section shall

  5  initially include those individuals licensed under chapter

  6  458, chapter 459, chapter 460, or chapter 461, or s. 464.012.

  7  However, the department shall, with the approval of the

  8  applicable board, include other professions under the

  9  jurisdiction of the Division of Medical Quality Assurance in

10  this program, provided they meet the requirements of s.

11  455.565 or s. 455.56503.

12         (2)  DEFINITIONS.--As used in this section, the term:

13         (a)  "Advisory council" or "council" means the

14  Credentials Advisory Council.

15         (a)(b)  "Certified" or "accredited," as applicable,

16  means approved by a quality assessment program, from the

17  National Committee for Quality Assurance, the Joint Commission

18  on Accreditation of Healthcare Organizations, the American

19  Accreditation HealthCare Commission/URAC, or any such other

20  nationally recognized and accepted organization authorized by

21  the department, used to assess and certify any credentials

22  verification program, entity, or organization that verifies

23  the credentials of any health care practitioner.

24         (b)(c)  "Core credentials data" means the following

25  data: current name, any former name, and any alias, any

26  professional education, professional training, licensure,

27  current Drug Enforcement Administration certification, social

28  security number, specialty board certification, Educational

29  Commission for Foreign Medical Graduates certification,

30  hospital or other institutional affiliations, evidence of

31  professional liability coverage or evidence of financial

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  1  responsibility as required by s. 458.320, or s. 459.0085, or

  2  s. 455.694, history of claims, suits, judgments, or

  3  settlements, final disciplinary action reported pursuant to s.

  4  455.565(1)(a)8. or s. 455.56503(1)(a)8., and Medicare or

  5  Medicaid sanctions.

  6         (c)(d)  "Credential" or "credentialing" means the

  7  process of assessing and verifying the qualifications of a

  8  licensed health care practitioner or applicant for licensure

  9  as a health care practitioner.

10         (d)(e)  "Credentials verification organization" means

11  any organization certified or accredited as a credentials

12  verification organization.

13         (e)(f)  "Department" means the Department of Health,

14  Division of Medical Quality Assurance.

15         (f)(g)  "Designated credentials verification

16  organization" means the credentials verification organization

17  which is selected by the health care practitioner, if the

18  health care practitioner chooses to make such a designation.

19         (g)(h)  "Drug Enforcement Administration certification"

20  means certification issued by the Drug Enforcement

21  Administration for purposes of administration or prescription

22  of controlled substances. Submission of such certification

23  under this section must include evidence that the

24  certification is current and must also include all current

25  addresses to which the certificate is issued.

26         (h)(i)  "Health care entity" means:

27         1.  Any health care facility or other health care

28  organization licensed or certified to provide approved medical

29  and allied health services in this state;

30         2.  Any entity licensed by the Department of Insurance

31  as a prepaid health care plan or health maintenance

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  1  organization or as an insurer to provide coverage for health

  2  care services through a network of providers; or

  3         3.  Any accredited medical school in this state.

  4         (i)(j)  "Health care practitioner" means any person

  5  licensed, or, for credentialing purposes only, any person

  6  applying for licensure, under chapter 458, chapter 459,

  7  chapter 460, or chapter 461, or s. 464.012 or any person

  8  licensed or applying for licensure under a chapter

  9  subsequently made subject to this section by the department

10  with the approval of the applicable board, except a person

11  registered or applying for registration pursuant to s. 458.345

12  or s. 459.021.

13         (j)(k)  "Hospital or other institutional affiliations"

14  means each hospital or other institution for which the health

15  care practitioner or applicant has provided medical services.

16  Submission of such information under this section must

17  include, for each hospital or other institution, the name and

18  address of the hospital or institution, the staff status of

19  the health care practitioner or applicant at that hospital or

20  institution, and the dates of affiliation with that hospital

21  or institution.

22         (k)(l)  "National accrediting organization" means an

23  organization that awards accreditation or certification to

24  hospitals, managed care organizations, credentials

25  verification organizations, or other health care

26  organizations, including, but not limited to, the Joint

27  Commission on Accreditation of Healthcare Organizations, the

28  American Accreditation HealthCare Commission/URAC, and the

29  National Committee for Quality Assurance.

30

31

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  1         (l)(m)  "Professional training" means any internship,

  2  residency, or fellowship relating to the profession for which

  3  the health care practitioner is licensed or seeking licensure.

  4         (m)(n)  "Specialty board certification" means

  5  certification in a specialty issued by a specialty board

  6  recognized by the board in this state that regulates the

  7  profession for which the health care practitioner is licensed

  8  or seeking licensure.

  9         (3)  STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.--

10         (a)  Every health care practitioner shall:

11         1.  Report all core credentials data to the department

12  which is not already on file with the department, either by

13  designating a credentials verification organization to submit

14  the data or by submitting the data directly.

15         2.  Notify the department within 45 days of any

16  corrections, updates, or modifications to the core credentials

17  data either through his or her designated credentials

18  verification organization or by submitting the data directly.

19  Corrections, updates, and modifications to the core

20  credentials data provided the department under this section

21  shall comply with the updating requirements of s. 455.565(3)

22  or s. 455.56503(3) related to profiling.

23         (b)  The department shall:

24         1.  Maintain a complete, current file of core

25  credentials data on each health care practitioner, which shall

26  include all updates provided in accordance with subparagraph

27  (a)2.

28         2.  Release the core credentials data that is otherwise

29  confidential or exempt from the provisions of chapter 119 and

30  s. 24(a), Art. I of the State Constitution and any

31

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  1  corrections, updates, and modifications thereto, if authorized

  2  by the health care practitioner.

  3         3.  Charge a fee to access the core credentials data,

  4  which may not exceed the actual cost, including prorated setup

  5  and operating costs, pursuant to the requirements of chapter

  6  119. The actual cost shall be set in consultation with the

  7  advisory council.

  8         4.  Develop, in consultation with the advisory council,

  9  standardized forms to be used by the health care practitioner

10  or designated credentials verification organization for the

11  initial reporting of core credentials data, for the health

12  care practitioner to authorize the release of core credentials

13  data, and for the subsequent reporting of corrections,

14  updates, and modifications thereto.

15         5.  Establish a Credentials Advisory Council,

16  consisting of 13 members, to assist the department as provided

17  in this section. The secretary, or his or her designee, shall

18  serve as one member and chair of the council and shall appoint

19  the remaining 12 members. Except for any initial lesser term

20  required to achieve staggering, such appointments shall be for

21  4-year staggered terms, with one 4-year reappointment, as

22  applicable. Three members shall represent hospitals, and two

23  members shall represent health maintenance organizations. One

24  member shall represent health insurance entities. One member

25  shall represent the credentials verification industry. Two

26  members shall represent physicians licensed under chapter 458.

27  One member shall represent osteopathic physicians licensed

28  under chapter 459. One member shall represent chiropractic

29  physicians licensed under chapter 460. One member shall

30  represent podiatric physicians licensed under chapter 461.

31

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  1         (c)  A registered credentials verification organization

  2  may be designated by a health care practitioner to assist the

  3  health care practitioner to comply with the requirements of

  4  subparagraph (a)2. A designated credentials verification

  5  organization shall:

  6         1.  Timely comply with the requirements of subparagraph

  7  (a)2., pursuant to rules adopted by the department.

  8         2.  Not provide the health care practitioner's core

  9  data, including all corrections, updates, and modifications,

10  without the authorization of the practitioner.

11         (d)  This section shall not be construed to restrict in

12  any way the authority of the health care entity to credential

13  and to approve or deny an application for hospital staff

14  membership, clinical privileges, or managed care network

15  participation.

16         (4)  DUPLICATION OF DATA PROHIBITED.--

17         (a)  A health care entity or credentials verification

18  organization is prohibited from collecting or attempting to

19  collect duplicate core credentials data from any health care

20  practitioner if the information is available from the

21  department. This section shall not be construed to restrict

22  the right of any health care entity or credentials

23  verification organization to collect additional information

24  from the health care practitioner which is not included in the

25  core credentials data file. This section shall not be

26  construed to prohibit a health care entity or credentials

27  verification organization from obtaining all necessary

28  attestation and release form signatures and dates.

29         (b)  Effective July 1, 2002, a state agency in this

30  state which credentials health care practitioners may not

31  collect or attempt to collect duplicate core credentials data

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  1  from any individual health care practitioner if the

  2  information is already available from the department. This

  3  section shall not be construed to restrict the right of any

  4  such state agency to request additional information not

  5  included in the core credential data file, but which is deemed

  6  necessary for the agency's specific credentialing purposes.

  7         (5)  STANDARDS AND REGISTRATION.--Any credentials

  8  verification organization that does business in this state

  9  must be fully accredited or certified as a credentials

10  verification organization by a national accrediting

11  organization as specified in paragraph (2)(a)(b) and must

12  register with the department. The department may charge a

13  reasonable registration fee, set in consultation with the

14  advisory council, not to exceed an amount sufficient to cover

15  its actual expenses in providing and enforcing such

16  registration. The department shall establish by rule for

17  biennial renewal of such registration. Failure by a registered

18  credentials verification organization to maintain full

19  accreditation or certification, to provide data as authorized

20  by the health care practitioner, to report to the department

21  changes, updates, and modifications to a health care

22  practitioner's records within the time period specified in

23  subparagraph (3)(a)2., or to comply with the prohibition

24  against collection of duplicate core credentials data from a

25  practitioner may result in denial of an application for

26  renewal of registration or in revocation or suspension of a

27  registration.

28         (6)  LIABILITY.--No civil, criminal, or administrative

29  action may be instituted, and there shall be no liability,

30  against any registered credentials verification organization

31

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  1  or health care entity on account of its reliance on any data

  2  obtained directly from the department.

  3         (7)  LIABILITY INSURANCE REQUIREMENTS.--Each

  4  credentials verification organization doing business in this

  5  state shall maintain liability insurance appropriate to meet

  6  the certification or accreditation requirements established in

  7  this section.

  8         (8)  RULES.--The department, in consultation with the

  9  advisory council, shall adopt rules necessary to develop and

10  implement the standardized core credentials data collection

11  program established by this section.

12         (9)  COUNCIL ABOLISHED; DEPARTMENT AUTHORITY.--The

13  council shall be abolished October 1, 1999. After the council

14  is abolished, all duties of the department required under this

15  section to be in consultation with the council may be carried

16  out by the department on its own.

17         Section 74.  Section 455.56503, Florida Statutes, is

18  created to read:

19         455.56503  Advanced registered nurse practitioners;

20  information required for certification.--

21         (1)(a)  Each person who applies for initial

22  certification under s. 464.012 must, at the time of

23  application, and each person certified under s. 464.012 who

24  applies for certification renewal must, in conjunction with

25  the renewal of such certification and under procedures adopted

26  by the Department of Health, and in addition to any other

27  information that may be required from the applicant, furnish

28  the following information to the Department of Health:

29         1.  The name of each school or training program that

30  the applicant has attended which pertains to licensure

31  requirements, with the months and years of attendance and the

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  1  month and year of graduation, and, if applicable, a

  2  description of all graduate professional education completed

  3  by the applicant, excluding any coursework taken to satisfy

  4  continuing education requirements.

  5         2.  The name of each location at which the applicant

  6  practices.

  7         3.  The address at which the applicant will primarily

  8  conduct his or her practice.

  9         4.  Any certification or designation that the applicant

10  has received from a specialty or certification board that is

11  recognized or approved by the regulatory board or department

12  to which the applicant is applying.

13         5.  The year that the applicant received initial

14  certification and began practicing the profession in any

15  jurisdiction and the year that the applicant received initial

16  certification in this state.

17         6.  Any appointment which the applicant currently holds

18  to the faculty of a school related to the profession and an

19  indication as to whether the applicant has had the

20  responsibility for graduate education within the most recent

21  10 years.

22         7.  A description of any criminal offense of which the

23  applicant has been found guilty, regardless of whether

24  adjudication of guilt was withheld, or to which the applicant

25  has pled guilty or nolo contendere. A criminal offense

26  committed in another jurisdiction which would have been a

27  felony or misdemeanor if committed in this state must be

28  reported. If the applicant indicates that a criminal offense

29  is under appeal and submits a copy of the notice for appeal of

30  that criminal offense, the department must state that the

31  criminal offense is under appeal if the criminal offense is

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  1  reported in the applicant's profile. If the applicant

  2  indicates to the department that a criminal offense is under

  3  appeal, the applicant must, within 15 days after the

  4  disposition of the appeal, submit to the department a copy of

  5  the final written order of disposition.

  6         8.  A description of any final disciplinary action

  7  taken within the previous 10 years against the applicant by a

  8  licensing or regulatory body in any jurisdiction, by a

  9  specialty board that is recognized by the board or department,

10  or by a hospital, health maintenance organization, prepaid

11  health clinic, ambulatory surgical center, or nursing home.

12  Disciplinary action includes resignation from or nonrenewal of

13  staff membership or the restriction of privileges at a

14  hospital, health maintenance organization, prepaid health

15  clinic, ambulatory surgical center, or nursing home taken in

16  lieu of or in settlement of a pending disciplinary case

17  related to competence or character. If the applicant indicates

18  that the disciplinary action is under appeal and submits a

19  copy of the document initiating an appeal of the disciplinary

20  action, the department must state that the disciplinary action

21  is under appeal if the disciplinary action is reported in the

22  applicant's profile.

23         (b)  In addition to the information required under

24  paragraph (a), each applicant for initial certification or

25  certification renewal must provide the information required of

26  licensees pursuant to s. 455.697.

27         (2)  The Department of Health shall send a notice to

28  each person certified under s. 464.012 at the

29  certificateholder's last known address of record, as required

30  by s. 455.714, regarding the requirements for information to

31  be submitted by practitioners pursuant to this section as a

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  1  condition of the renewal of such certification. Failure to

  2  submit the information required in subsection (1) or failure

  3  to submit a set of fingerprints as required by subsection (4)

  4  shall render the certification delinquent until such time as

  5  all requirements have been met.

  6         (3)  Each person certified under s. 464.012 who has

  7  submitted information pursuant to subsection (1) must update

  8  that information in writing by notifying the Department of

  9  Health within 45 days after the occurrence of an event or the

10  attainment of a status that is required to be reported by

11  subsection (1). Failure to comply with the requirements of

12  this subsection to update and submit information constitutes a

13  ground for disciplinary action under chapter 464 and s.

14  455.624(1)(k). For failure to comply with the requirements of

15  this subsection to update and submit information, the

16  department or board, as appropriate, may:

17         (a)  Refuse to issue a certificate to any person

18  applying for initial certification who fails to submit and

19  update the required information.

20         (b)  Issue a citation to any certificateholder who

21  fails to submit and update the required information and may

22  fine the certificateholder up to $50 for each day that the

23  certificateholder is not in compliance with this subsection.

24  The citation must clearly state that the certificateholder may

25  choose, in lieu of accepting the citation, to follow the

26  procedure under s. 455.621. If the certificateholder disputes

27  the matter in the citation, the procedures set forth in s.

28  455.621 must be followed. However, if the certificateholder

29  does not dispute the matter in the citation with the

30  department within 30 days after the citation is served, the

31  citation becomes a final order and constitutes discipline.

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  1  Service of a citation may be made by personal service or

  2  certified mail, restricted delivery, to the subject at the

  3  certificateholder's last known address.

  4         (4)(a)  An applicant for initial certification under s.

  5  464.012 must submit a set of fingerprints to the Department of

  6  Health on a form and under procedures specified by the

  7  department, along with payment in an amount equal to the costs

  8  incurred by the Department of Health for a national criminal

  9  history check of the applicant.

10         (b)  An applicant for renewed certification who has not

11  previously submitted a set of fingerprints to the Department

12  of Health for purposes of certification must submit a set of

13  fingerprints to the department as a condition of the initial

14  renewal of his or her certificate after the effective date of

15  this section. The applicant must submit the fingerprints on a

16  form and under procedures specified by the department, along

17  with payment in an amount equal to the costs incurred by the

18  Department of Health for a national criminal history check.

19  For subsequent renewals, the applicant for renewed

20  certification must only submit information necessary to

21  conduct a statewide criminal history check, along with payment

22  in an amount equal to the costs incurred by the Department of

23  Health for a statewide criminal history check.

24         (c)1.  The Department of Health shall submit the

25  fingerprints provided by an applicant for initial

26  certification to the Florida Department of Law Enforcement for

27  a statewide criminal history check, and the Florida Department

28  of Law Enforcement shall forward the fingerprints to the

29  Federal Bureau of Investigation for a national criminal

30  history check of the applicant.

31

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  1         2.  The department shall submit the fingerprints

  2  provided by an applicant for the initial renewal of

  3  certification to the Florida Department of Law Enforcement for

  4  a statewide criminal history check, and the Florida Department

  5  of Law Enforcement shall forward the fingerprints to the

  6  Federal Bureau of Investigation for a national criminal

  7  history check for the initial renewal of the applicant's

  8  certificate after the effective date of this section.

  9         3.  For any subsequent renewal of the applicant's

10  certificate, the department shall submit the required

11  information for a statewide criminal history check of the

12  applicant to the Florida Department of Law Enforcement.

13         (d)  Any applicant for initial certification or renewal

14  of certification as an advanced registered nurse practitioner

15  who submits to the Department of Health a set of fingerprints

16  and information required for the criminal history check

17  required under this section shall not be required to provide a

18  subsequent set of fingerprints or other duplicate information

19  required for a criminal history check to the Agency for Health

20  Care Administration, the Department of Juvenile Justice, or

21  the Department of Children and Family Services for employment

22  or licensure with such agency or department, if the applicant

23  has undergone a criminal history check as a condition of

24  initial certification or renewal of certification as an

25  advanced registered nurse practitioner with the Department of

26  Health, notwithstanding any other provision of law to the

27  contrary. In lieu of such duplicate submission, the Agency for

28  Health Care Administration, the Department of Juvenile

29  Justice, and the Department of Children and Family Services

30  shall obtain criminal history information for employment or

31  licensure of persons certified under s. 464.012 by such agency

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  1  or department from the Department of Health's health care

  2  practitioner credentialing system.

  3         (5)  Each person who is required to submit information

  4  pursuant to this section may submit additional information to

  5  the Department of Health. Such information may include, but is

  6  not limited to:

  7         (a)  Information regarding publications in

  8  peer-reviewed professional literature within the previous 10

  9  years.

10         (b)  Information regarding professional or community

11  service activities or awards.

12         (c)  Languages, other than English, used by the

13  applicant to communicate with patients or clients and

14  identification of any translating service that may be

15  available at the place where the applicant primarily conducts

16  his or her practice.

17         (d)  An indication of whether the person participates

18  in the Medicaid program.

19         (6)  All information submitted under this section,

20  except fingerprints, must be submitted electronically by the

21  practitioner along with payment in an amount equal to the

22  costs incurred by the department to collect, compile, and

23  publish the information through a secure on-line licensing

24  program. However, electronic submission of such information is

25  only required if otherwise required by law.

26         Section 75.  Section 455.5651, Florida Statutes, is

27  amended to read:

28         455.5651  Practitioner profile; creation.--

29         (1)  Beginning July 1, 1999, the Department of Health

30  shall compile the information submitted pursuant to s. 455.565

31  into a practitioner profile of the applicant submitting the

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  1  information, except that the Department of Health may develop

  2  a format to compile uniformly any information submitted under

  3  s. 455.565(4)(b). Beginning July 1, 2001, the Department of

  4  Health may compile the information submitted pursuant to s.

  5  455.56503 into a practitioner profile of the applicant

  6  submitting the information.

  7         (2)  On the profile published required under subsection

  8  (1), the department shall indicate if the information provided

  9  under s. 455.565(1)(a)7. or s. 455.56503(1)(a)7. is not

10  corroborated by a criminal history check conducted according

11  to this subsection. If the information provided under s.

12  455.565(1)(a)7. or s. 455.56503(1)(a)7. is corroborated by the

13  criminal history check, the fact that the criminal history

14  check was performed need not be indicated on the profile. The

15  department, or the board having regulatory authority over the

16  practitioner acting on behalf of the department, shall

17  investigate any information received by the department or the

18  board when it has reasonable grounds to believe that the

19  practitioner has violated any law that relates to the

20  practitioner's practice.

21         (3)  The Department of Health may include in each

22  practitioner's practitioner profile that criminal information

23  that directly relates to the practitioner's ability to

24  competently practice his or her profession.  The department

25  must include in each practitioner's practitioner profile the

26  following statement:  "The criminal history information, if

27  any exists, may be incomplete; federal criminal history

28  information is not available to the public."

29         (4)  The Department of Health shall include, with

30  respect to a practitioner licensed under chapter 458 or

31  chapter 459, a statement of how the practitioner has elected

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  1  to comply with the financial responsibility requirements of s.

  2  458.320 or s. 459.0085. The department shall include, with

  3  respect to practitioners subject to s. 455.694, a statement of

  4  how the practitioner has elected to comply with the financial

  5  responsibility requirements of that section. The department

  6  shall include, with respect to practitioners licensed under

  7  chapter 458, chapter 459, or chapter 461, information relating

  8  to liability actions which has been reported under s. 455.697

  9  or s. 627.912 within the previous 10 years for any paid claim

10  that exceeds $5,000. Such claims information shall be reported

11  in the context of comparing an individual practitioner's

12  claims to the experience of other practitioners physicians

13  within the same specialty, or profession if the practitioner

14  is not a specialist, to the extent such information is

15  available to the Department of Health. If information relating

16  to a liability action is included in a practitioner's

17  practitioner profile, the profile must also include the

18  following statement:  "Settlement of a claim may occur for a

19  variety of reasons that do not necessarily reflect negatively

20  on the professional competence or conduct of the practitioner

21  physician.  A payment in settlement of a medical malpractice

22  action or claim should not be construed as creating a

23  presumption that medical malpractice has occurred."

24         (5)  The Department of Health may not include

25  disciplinary action taken by a licensed hospital or an

26  ambulatory surgical center in the practitioner profile.

27         (6)  The Department of Health may include in the

28  practitioner's practitioner profile any other information that

29  is a public record of any governmental entity and that relates

30  to a practitioner's ability to competently practice his or her

31  profession.  However, the department must consult with the

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  1  board having regulatory authority over the practitioner before

  2  such information is included in his or her profile.

  3         (7)  Upon the completion of a practitioner profile

  4  under this section, the Department of Health shall furnish the

  5  practitioner who is the subject of the profile a copy of it.

  6  The practitioner has a period of 30 days in which to review

  7  the profile and to correct any factual inaccuracies in it. The

  8  Department of Health shall make the profile available to the

  9  public at the end of the 30-day period. The department shall

10  make the profiles available to the public through the World

11  Wide Web and other commonly used means of distribution.

12         (8)  Making a practitioner profile available to the

13  public under this section does not constitute agency action

14  for which a hearing under s. 120.57 may be sought.

15         Section 76.  Section 455.5653, Florida Statutes, is

16  amended to read:

17         455.5653  Practitioner profiles; data

18  storage.--Effective upon this act becoming a law, the

19  Department of Health must develop or contract for a computer

20  system to accommodate the new data collection and storage

21  requirements under this act pending the development and

22  operation of a computer system by the Department of Health for

23  handling the collection, input, revision, and update of data

24  submitted by physicians as a part of their initial licensure

25  or renewal to be compiled into individual practitioner

26  profiles. The Department of Health must incorporate any data

27  required by this act into the computer system used in

28  conjunction with the regulation of health care professions

29  under its jurisdiction. The department must develop, by the

30  year 2000, a schedule and procedures for each practitioner

31  within a health care profession regulated within the Division

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  1  of Medical Quality Assurance to submit relevant information to

  2  be compiled into a profile to be made available to the public.

  3  The Department of Health is authorized to contract with and

  4  negotiate any interagency agreement necessary to develop and

  5  implement the practitioner profiles. The Department of Health

  6  shall have access to any information or record maintained by

  7  the Agency for Health Care Administration, including any

  8  information or record that is otherwise confidential and

  9  exempt from the provisions of chapter 119 and s. 24(a), Art. I

10  of the State Constitution, so that the Department of Health

11  may corroborate any information that practitioners physicians

12  are required to report under s. 455.565 or s. 455.56503.

13         Section 77.  Section 455.5654, Florida Statutes, is

14  amended to read:

15         455.5654  Practitioner profiles; rules;

16  workshops.--Effective upon this act becoming a law, the

17  Department of Health shall adopt rules for the form of a

18  practitioner profile that the agency is required to prepare.

19  The Department of Health, pursuant to chapter 120, must hold

20  public workshops for purposes of rule development to implement

21  this section. An agency to which information is to be

22  submitted under this act may adopt by rule a form for the

23  submission of the information required under s. 455.565 or s.

24  455.56503.

25         Section 78.  Subsection (5) of section 455.587, Florida

26  Statutes, is amended to read:

27         455.587  Fees; receipts; disposition.--

28         (5)  All moneys collected by the department from fees

29  or fines or from costs awarded to the agency by a court shall

30  be paid into a trust fund used by the department to implement

31  this part. The Legislature shall appropriate funds from this

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  1  trust fund sufficient to carry out this part and the

  2  provisions of law with respect to professions regulated by the

  3  Division of Medical Quality Assurance within the department

  4  and the boards.  The department may contract with public and

  5  private entities to receive and deposit revenue pursuant to

  6  this section.  The department shall maintain separate accounts

  7  in the trust fund used by the department to implement this

  8  part for every profession within the department.  To the

  9  maximum extent possible, the department shall directly charge

10  all expenses to the account of each regulated profession.  For

11  the purpose of this subsection, direct charge expenses

12  include, but are not limited to, costs for investigations,

13  examinations, and legal services.  For expenses that cannot be

14  charged directly, the department shall provide for the

15  proportionate allocation among the accounts of expenses

16  incurred by the department in the performance of its duties

17  with respect to each regulated profession. The regulation by

18  the department of professions, as defined in part II of

19  chapter 455, shall be financed solely from revenue collected

20  by it from fees and other charges and deposited in the Medical

21  Quality Assurance Trust Fund, and all such revenue is

22  appropriated to the department. However, it is the legislative

23  intent that each profession shall operate within its

24  anticipated fees. The department may not expend funds from the

25  account of a profession to pay for the expenses incurred on

26  behalf of another profession, except that the Board of Nursing

27  must pay for any costs incurred in regulation of certified

28  nursing assistants. The department shall maintain adequate

29  records to support its allocation of agency expenses.  The

30  department shall provide any board with reasonable access to

31  these records upon request.  The department shall provide each

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  1  board an annual report of revenue and direct and allocated

  2  expenses related to the operation of that profession. The

  3  board shall use these reports and the department's adopted

  4  long-range plan to determine the amount of license fees.  A

  5  condensed version of this information, with the department's

  6  recommendations, shall be included in the annual report to the

  7  Legislature prepared under s. 455.644.

  8         Section 79.  This act shall take effect July 1, 2000.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                            CS/SB 1932

12

13  Conforms practitioner profiling requirements for Advanced
    Registered Nurse Practitioners to those being proposed for
14  other health care professions within the Division of Medical
    Quality Assurance.
15
    Clarifies legislative intent that the regulation of
16  professions is to be solely financed by fees and other
    charges.
17
    Provides for the Board of Nursing to pay costs associated with
18  regulating certified nursing assistants.

19  Provides that licensed practical nurses who are providing
    nursing services in nursing home facilities may supervise the
20  activities of other licensed practical nurses, certified
    nursing assistants, and unlicensed personnel in accordance
21  with rules adopted by the Board of Nursing.

22  Removes the language appropriating $280,000 from the Medical
    Quality Assurance Trust Fund.
23

24

25

26

27

28

29

30

31

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