Senate Bill sb1910

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    Florida Senate - 2001                                  SB 1910

    By Senator Garcia





    39-532-01

  1                      A bill to be entitled

  2         An act relating to medical practice; creating

  3         s. 458.35, F.S.; limiting to certain medical

  4         licensees the ownership or operation of medical

  5         practice settings or diagnostic facilities;

  6         providing exemptions; providing for the

  7         adoption of rules; providing responsibilities

  8         for medical directors of such facilities;

  9         providing penalties; providing an effective

10         date.

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

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14         Section 1.  Section 458.35, Florida Statutes, is

15  created to read:

16         458.35  Medical-practice settings and diagnostic

17  facilities: restrictions on ownership; registration.--

18         (1)  A person or entity, other than a physician or

19  physician assistant licensed pursuant to this chapter or

20  chapter 459, or a professional corporation or limited

21  liability company composed only of licensed physicians or

22  physician assistants, may not employ a physician or physician

23  assistant to deliver health care services in a

24  medical-practice setting or diagnostic facility.

25         (2)  State agencies, facilities licensed by the

26  department or the Agency for Health Care Administration, and

27  nonprofit entities are exempt from this section.

28         (3)  For purposes of this section, a medical-practice

29  setting or diagnostic facility is considered a single

30  structure or group of adjacent structures operating under the

31  same business name in which medical services are provided.

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    Florida Senate - 2001                                  SB 1910
    39-532-01




  1         (4)  Any lease, rental agreement, or other arrangement

  2  between a licensed physician or physician assistant and a

  3  nonlicensed person who provides medical equipment or

  4  materials, or services to a medical-practice setting or

  5  diagnostic facility must require that the licensed physician

  6  or physician assistant maintain care, custody, and control of

  7  the equipment, materials, or services.

  8         (5)  Medical-practice settings or diagnostic facilities

  9  that are owned by persons other than licensed physicians or

10  physician assistants or are owned by entities other than

11  professional cooperations or limited liability companies whose

12  shareholders are licensed physicians or physician assistants

13  that existed before October 1, 2001, and that employed

14  physicians or physician assistants licensed under this chapter

15  or chapter 459 to deliver health care services may continue to

16  operate only if they contract with a physician licensed

17  pursuant to this chapter or chapter 459 to serve as medical

18  director.

19         (a)  Medical-practice settings or diagnostic facilities

20  must register with the Agency for Health Care Administration.

21         (b)  The Agency for Health Care Administration shall

22  adopt rules to implement a registration program, including

23  rules prescribing registration fees and establishing penalties

24  for violations. The fees must not exceed an amount that will

25  provide sufficient revenues to administer the registration

26  program.

27         (7)  A medical director must accept in writing the

28  legal obligation and responsibility for supervising the

29  delivery of services in a medical-practice setting or

30  diagnostic facility, including:

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    Florida Senate - 2001                                  SB 1910
    39-532-01




  1         (a)  Maintaining a sign in a conspicuous location in

  2  the facility which identifies the medical director, the hours

  3  when he or she is on site, and the medical director's

  4  responsibilities.

  5         (b)  Maintaining an active license in this state.

  6         (c)  Being present on site at least 20 hours each week

  7  or such other hours as are required by the board.

  8         (d)  Reviewing contracts or agreements for patient

  9  referrals.

10         (e)  Ensuring that all health care providers at the

11  facility have active appropriate certification or licensure

12  for the level of care being provided.

13         (f)  Serving as the records holder pursuant to s.

14  456.057.

15         (g)  Complying with medical records-keeping, office

16  surgery, and adverse-incident reporting requirements.

17         (h)  Conducting systematic reviews of the facility's

18  billing of services to ensure that they are not fraudulent.

19         (i)  Maintaining on-site documentation of the

20  credentials and licensure status of the facility's health care

21  providers and making these documents available for inspection

22  by regulators.

23         (j)  Developing and implementing a systematic

24  patient-safety program to identify and correct unsafe

25  practices in accordance with acceptable risk-management

26  standards.

27         (8)  The board may adopt rules necessary to administer

28  this section.

29         (9)  Any person who violates this section commits a

30  felony of the third degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 2001                                  SB 1910
    39-532-01




  1         (10)  Any contract that violates this section is void.

  2         (11)  This section applies to contracts entered into or

  3  renewed on or after October 1, 2001.

  4         Section 2.  This act shall take effect October 1, 2001.

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  6            *****************************************

  7                          SENATE SUMMARY

  8    Prohibits persons other than physicians or physician
      assistants from owning or operating medical-practice or
  9    diagnostic facilities. Provides exemptions and provides
      for the adoption of rules. Establishes responsibilities
10    for medical directors of such facilities. Provides
      penalties. (See bill for details.)
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