Senate Bill sb1216

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    Florida Senate - 2002                                  SB 1216

    By Senator Saunders





    25-726A-02                                          See HB 507

  1                      A bill to be entitled

  2         An act relating to responsiveness to

  3         emergencies and disasters; providing

  4         legislative findings; creating s. 381.00316,

  5         F.S.; authorizing the State Health Officer to

  6         take specified emergency actions to protect the

  7         public health; amending s. 381.0034, F.S.;

  8         providing a requirement for instruction of

  9         certain health care licensees on conditions

10         caused by nuclear, biological, and chemical

11         terrorism, as a condition of initial licensure,

12         and, in lieu of the requirement for instruction

13         on HIV and AIDS, as a condition of relicensure;

14         amending s. 381.0035, F.S.; providing a

15         requirement for instruction of employees at

16         certain health care facilities on conditions

17         caused by nuclear, biological, and chemical

18         terrorism, upon initial employment, and, in

19         lieu of the requirement of instruction on HIV

20         and AIDS, as biennial continuing education;

21         amending s. 401.27, F.S.; providing that the

22         course on conditions caused by nuclear,

23         biological, and chemical terrorism shall count

24         toward the total required hours for biennial

25         recertification of emergency medical

26         technicians and paramedics; amending s.

27         456.033, F.S.; providing a requirement for

28         instruction of certain health care

29         practitioners on conditions caused by nuclear,

30         biological, and chemical terrorism, as a

31         condition of initial licensure, and, in lieu of

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1         the requirement for instruction on HIV and

  2         AIDS, as part of biennial relicensure; creating

  3         s. 456.0345, F.S.; providing continuing

  4         education credits to health care practitioners

  5         for certain life support training; amending s.

  6         456.072, F.S.; conforming provisions relating

  7         to grounds for disciplinary actions to changes

  8         in health care practitioners' course

  9         requirements; amending s. 456.38, F.S.;

10         revising provisions relating to the health care

11         practitioner registry for disasters and

12         emergencies; prohibiting certain termination of

13         or discrimination against a practitioner

14         providing disaster medical assistance; amending

15         ss. 458.319 and 459.008, F.S.; conforming

16         provisions relating to exceptions to continuing

17         education requirements for physicians and

18         osteopathic physicians; providing an effective

19         date.

20

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

22

23         Section 1.  Legislative findings.--The Legislature

24  finds that it is critical that Florida be prepared to respond

25  appropriately to a health crisis and injuries in the event of

26  an emergency or disaster. The Legislature finds that there is

27  a need to better educate health care practitioners on diseases

28  and conditions that might be caused by nuclear, biological,

29  and chemical terrorism so that health care practitioners can

30  more effectively care for patients and better educate patients

31  as to prevention and treatment. Additionally, the Legislature

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  finds that not all health care practitioners have been

  2  recently trained in life support and first aid and should be

  3  encouraged to obtain such training. The Legislature finds that

  4  health care practitioners who are willing to respond in

  5  emergencies or disasters should not be penalized for providing

  6  their assistance.

  7         Section 2.  Section 381.00316, Florida Statutes, is

  8  created to read:

  9         381.00316  State Health Officer; emergency actions to

10  protect the public health.--

11         (1)  Notwithstanding chapters 465 and 499 and rules

12  promulgated thereunder, the State Health Officer may direct

13  pharmacists employed by the department to compound

14  prescription drugs and provide these bulk prescription drugs

15  to county health department physicians and nurses for

16  administration to persons as part of a prophylactic or

17  treatment regimen when there is a significant risk to the

18  public health from a disease, an environmental contaminant, or

19  a suspected act of nuclear, biological, or chemical terrorism.

20         (2)  The State Health Officer, upon issuance of a

21  public health advisory pursuant to s. 381.00315, may take such

22  actions as are necessary to protect the public health. Such

23  actions shall include, but are not limited to:

24         (a)  Directing Florida manufacturers and wholesalers of

25  prescription and over-the-counter drugs permitted under

26  chapter 499 to give priority to shipping such drugs to

27  pharmacies and health care providers located in geographic

28  areas identified by the State Health Officer.  Florida

29  manufacturers and wholesalers must respond to the State Health

30  Officer's priority shipping directive before shipping the

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  specified drugs to other pharmacies or health care providers

  2  in Florida.

  3         (b)  Notwithstanding s. 456.036, temporarily

  4  reactivating the inactive licenses of physicians licensed

  5  under chapter 458 or chapter 459; physician assistants

  6  licensed under chapter 458 or chapter 459; licensed practical

  7  nurses, registered nurses, and advanced registered nurse

  8  practitioners licensed under chapter 464; respiratory

  9  therapists licensed under part V of chapter 468; and emergency

10  medical technicians and paramedics licensed under chapter 401,

11  when such practitioners are needed to respond to the public

12  health emergency.  Only those health care practitioners

13  referenced in this paragraph who request reactivation and have

14  an unencumbered inactive license are eligible for

15  reactivation.  Any inactive license reactivated pursuant to

16  this subsection shall return to inactive status when the

17  public health emergency ends or prior to the end of the public

18  health emergency if the State Health Officer determines that

19  the health care practitioner is no longer needed to provide

20  services during the emergency. The license may only be

21  reactivated for a period not to exceed 90 days without meeting

22  the requirements of s. 456.036.

23         (3)  Notwithstanding part III of chapter 401, the State

24  Health Officer, upon issuance of a public health advisory

25  pursuant to s. 381.00315, may determine the scope of practice

26  of paramedics and emergency medical technicians necessary to

27  protect the public health during the emergency.

28         Section 3.  Section 381.0034, Florida Statutes, is

29  amended to read:

30         381.0034  Requirement for instruction on conditions

31  caused by nuclear, biological, and chemical terrorism and on

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  human immunodeficiency virus and acquired immune deficiency

  2  syndrome.--

  3         (1)  As of July 1, 1991, The Department of Health shall

  4  require each person licensed or certified under chapter 401,

  5  chapter 467, part IV of chapter 468, or chapter 483, as a

  6  condition of biennial relicensure, to complete an educational

  7  course approved by the department on conditions caused by

  8  nuclear, biological, and chemical terrorism. The course shall

  9  consist of education on diagnosis and treatment, the modes of

10  transmission, infection control procedures, and clinical

11  management. Such course shall also include information on

12  reporting suspected cases of conditions caused by nuclear,

13  biological, or chemical terrorism to the appropriate health

14  and law enforcement authorities, and prevention of human

15  immunodeficiency virus and acquired immune deficiency

16  syndrome. Such course shall include information on current

17  Florida law on acquired immune deficiency syndrome and its

18  impact on testing, confidentiality of test results, and

19  treatment of patients. Each such licensee or certificateholder

20  shall submit confirmation of having completed said course, on

21  a form provided by the department, when submitting fees or

22  application for each biennial renewal.

23         (2)  Failure to complete the requirements of this

24  section shall be grounds for disciplinary action contained in

25  the chapters specified in subsection (1).  In addition to

26  discipline by the department, the licensee or

27  certificateholder shall be required to complete the required

28  said course or courses.

29         (3)  The department shall require, as a condition of

30  granting a license under the chapters specified in subsection

31  (1), that an applicant making initial application for

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  licensure complete respective an educational courses course

  2  acceptable to the department on conditions caused by nuclear,

  3  biological, and chemical terrorism and on human

  4  immunodeficiency virus and acquired immune deficiency

  5  syndrome.  An applicant who has not taken such courses a

  6  course at the time of licensure shall, upon an affidavit

  7  showing good cause, be allowed 6 months to complete this

  8  requirement.

  9         (4)  The department shall have the authority to adopt

10  rules to carry out the provisions of this section.

11         (5)  Any professional holding two or more licenses or

12  certificates subject to the provisions of this section shall

13  be permitted to show proof of having taken one

14  department-approved course on conditions caused by nuclear,

15  biological, and chemical terrorism human immunodeficiency

16  virus and acquired immune deficiency syndrome, for purposes of

17  relicensure or recertification for the additional licenses.

18         Section 4.  Section 381.0035, Florida Statutes, is

19  amended to read:

20         381.0035  Educational courses course on human

21  immunodeficiency virus and acquired immune deficiency syndrome

22  and on conditions caused by nuclear, biological, and chemical

23  terrorism; employees and clients of certain health care

24  facilities.--

25         (1)(a)  The Department of Health shall require all

26  employees and clients of facilities licensed under chapters

27  393, 394, and 397 and employees of facilities licensed under

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

29  complete, biennially, a continuing educational course on the

30  modes of transmission, infection control procedures, clinical

31  management, and prevention of human immunodeficiency virus and

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  acquired immune deficiency syndrome with an emphasis on

  2  appropriate behavior and attitude change. Such instruction

  3  shall include information on current Florida law and its

  4  impact on testing, confidentiality of test results, and

  5  treatment of patients and any protocols and procedures

  6  applicable to human immunodeficiency counseling and testing,

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

  8  partner notification issues pursuant to ss. 381.004 and

  9  384.25.

10         (b)  The department shall require all employees of

11  facilities licensed under chapters 393, 394, 395, and 397 and

12  parts II, III, IV, and VI of chapter 400 to complete,

13  biennially, a continuing educational course on conditions

14  caused by nuclear, biological, and chemical terrorism. The

15  course shall consist of education on diagnosis and treatment,

16  modes of transmission, infection control procedures, and

17  clinical management. Such course shall also include

18  information on reporting suspected cases of conditions caused

19  by nuclear, biological, or chemical terrorism to the

20  appropriate health and law enforcement authorities.

21         (2)  New employees of facilities licensed under

22  chapters 393, 394, 395, and 397 and parts II, III, IV, and VI

23  of chapter 400 shall be required to complete a course on human

24  immunodeficiency virus and acquired immune deficiency

25  syndrome, with instruction to include information on current

26  Florida law and its impact on testing, confidentiality of test

27  results, and treatment of patients. New employees of such

28  facilities shall also be required to complete a course on

29  conditions caused by nuclear, biological, and chemical

30  terrorism, with instruction to include information on

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  reporting suspected cases to the appropriate health and law

  2  enforcement authorities.

  3         (3)  Facilities licensed under chapters 393, 394, 395,

  4  and 397, and parts II, III, IV, and VI of chapter 400 shall

  5  maintain a record of employees and dates of attendance at

  6  human immunodeficiency virus and acquired immune deficiency

  7  syndrome educational courses on human immunodeficiency virus

  8  and acquired immune deficiency syndrome and on conditions

  9  caused by nuclear, biological, and chemical terrorism.

10         (4)  The department shall have the authority to review

11  the records of each facility to determine compliance with the

12  requirements of this section.  The department may adopt rules

13  to carry out the provisions of this section.

14         Section 5.  Subsection (6) of section 401.27, Florida

15  Statutes, is amended to read:

16         401.27  Personnel; standards and certification.--

17         (6)(a)  The department shall establish by rule a

18  procedure for biennial renewal certification of emergency

19  medical technicians. Such rules must require a United States

20  Department of Transportation refresher training program of at

21  least 30 hours as approved by the department every 2 years.

22  Completion of the course required by s. 381.0034(1) shall

23  count toward the 30 hours. The refresher program may be

24  offered in multiple presentations spread over the 2-year

25  period.  The rules must also provide that the refresher course

26  requirement may be satisfied by passing a challenge

27  examination.

28         (b)  The department shall establish by rule a procedure

29  for biennial renewal certification of paramedics.  Such rules

30  must require candidates for renewal to have taken at least 30

31  hours of continuing education units during the 2-year period.

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  Completion of the course required by s. 381.0034(1) shall

  2  count toward the 30 hours. The rules must provide that the

  3  continuing education requirement may be satisfied by passing a

  4  challenge examination.

  5         Section 6.  Section 456.033, Florida Statutes, is

  6  amended to read:

  7         456.033  Requirement for instruction for certain

  8  licensees on conditions caused by nuclear, biological, and

  9  chemical terrorism and on HIV and AIDS.--

10         (1)  The appropriate board shall require each person

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

12  459; chapter 460; chapter 461; chapter 463; part I of chapter

13  464; chapter 465; chapter 466; part II, part III, part V, or

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

15  educational course, approved by the board, on conditions

16  caused by nuclear, biological, and chemical terrorism human

17  immunodeficiency virus and acquired immune deficiency syndrome

18  as part of biennial relicensure or recertification. The course

19  shall consist of education on diagnosis and treatment, the

20  modes of transmission, infection control procedures, and

21  clinical management. Such course shall also include

22  information on reporting suspected cases of conditions caused

23  by nuclear, biological, or chemical terrorism to the

24  appropriate health and law enforcement authorities, and

25  prevention of human immunodeficiency virus and acquired immune

26  deficiency syndrome. Such course shall include information on

27  current Florida law on acquired immune deficiency syndrome and

28  its impact on testing, confidentiality of test results,

29  treatment of patients, and any protocols and procedures

30  applicable to human immunodeficiency virus counseling and

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

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




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

  2  and 384.25.

  3         (2)  Each such licensee or certificateholder shall

  4  submit confirmation of having completed said course, on a form

  5  as provided by the board, when submitting fees for each

  6  biennial renewal.

  7         (3)  The board shall have the authority to approve

  8  additional equivalent courses that may be used to satisfy the

  9  requirements in subsection (1).  Each licensing board that

10  requires a licensee to complete an educational course pursuant

11  to this section may count the hours required for completion of

12  the course included in the total continuing educational

13  requirements as required by law.

14         (4)  Any person holding two or more licenses subject to

15  the provisions of this section shall be permitted to show

16  proof of having taken one board-approved course on conditions

17  caused by nuclear, biological, and chemical terrorism human

18  immunodeficiency virus and acquired immune deficiency

19  syndrome, for purposes of relicensure or recertification for

20  additional licenses.

21         (5)  Failure to comply with the above requirements of

22  this section shall constitute grounds for disciplinary action

23  under each respective licensing chapter and s. 456.072(1)(e).

24  In addition to discipline by the board, the licensee shall be

25  required to complete the required course or courses.

26         (6)  The board shall require as a condition of granting

27  a license under the chapters and parts specified in subsection

28  (1) that an applicant making initial application for licensure

29  complete respective an educational courses course acceptable

30  to the board on conditions caused by nuclear, biological, and

31  chemical terrorism and on human immunodeficiency virus and

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  acquired immune deficiency syndrome. An applicant who has not

  2  taken such courses a course at the time of licensure shall,

  3  upon an affidavit showing good cause, be allowed 6 months to

  4  complete this requirement.

  5         (7)  The board shall have the authority to adopt rules

  6  to carry out the provisions of this section.

  7         (8)  The board shall report to the Legislature by March

  8  1 of each year as to the implementation and compliance with

  9  the requirements of this section.

10         (9)(a)  In lieu of completing a course as required in

11  subsection (1), the licensee may complete a course on in

12  end-of-life care and palliative health care or a course on

13  HIV/AIDS, so long as the licensee completed an approved

14  AIDS/HIV course on conditions caused by nuclear, biological,

15  and chemical terrorism in the immediately preceding biennium.

16         (b)  In lieu of completing a course as required by

17  subsection (1), a person licensed under chapter 466 who has

18  completed an approved AIDS/HIV course in the immediately

19  preceding 2 years may complete a course approved by the Board

20  of Dentistry.

21         Section 7.  Section 456.0345, Florida Statutes, is

22  created to read:

23         456.0345  Life support training.--Health care

24  practitioners who obtain training in advanced cardiac life

25  support, cardiopulmonary resuscitation, or emergency first aid

26  shall receive an equivalent number of continuing education

27  course credits which may be applied toward licensure renewal

28  requirements.

29         Section 8.  Paragraph (e) of subsection (1) of section

30  456.072, Florida Statutes, is amended to read:

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1         456.072  Grounds for discipline; penalties;

  2  enforcement.--

  3         (1)  The following acts shall constitute grounds for

  4  which the disciplinary actions specified in subsection (2) may

  5  be taken:

  6         (e)  Failing to comply with the educational course

  7  requirements for conditions caused by nuclear, biological, and

  8  chemical terrorism or for human immunodeficiency virus and

  9  acquired immune deficiency syndrome.

10         Section 9.  Section 456.38, Florida Statutes, is

11  amended to read:

12         456.38  Practitioner registry for disasters and

13  emergencies.--The Department of Health shall may include on

14  its application and renewal forms for the licensure or

15  certification of health care practitioners licensed pursuant

16  to chapter 458, chapter 459, chapter 464, or part V of chapter

17  468, as defined in s. 456.001, who could assist the department

18  in the event of a disaster a question asking if the

19  practitioner would be available to provide health care

20  services in special needs shelters or to help staff disaster

21  medical assistance teams during times of emergency or major

22  disaster. The names of practitioners who answer affirmatively

23  shall be maintained by the department as a health care

24  practitioner registry for disasters and emergencies. A health

25  care practitioner who volunteers his or her services in a

26  special needs shelter or as part of a disaster medical

27  assistance team during a time of emergency or disaster shall

28  not be terminated or discriminated against by his or her

29  employer for such volunteer work, provided that the health

30  care practitioner returns to his or her regular employment

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1  within 2 weeks or within a longer period that has been

  2  previously approved by the employer in writing.

  3         Section 10.  Subsection (4) of section 458.319, Florida

  4  Statutes, is amended to read:

  5         458.319  Renewal of license.--

  6         (4)  Notwithstanding the provisions of s. 456.033, a

  7  physician may complete continuing education on end-of-life

  8  care and palliative care in lieu of continuing education in

  9  conditions caused by nuclear, biological, and chemical

10  terrorism AIDS/HIV, if that physician has completed the

11  AIDS/HIV continuing education in conditions caused by nuclear,

12  biological, and chemical terrorism in the immediately

13  preceding biennium.

14         Section 11.  Subsection (5) of section 459.008, Florida

15  Statutes, is amended to read:

16         459.008  Renewal of licenses and certificates.--

17         (5)  Notwithstanding the provisions of s. 456.033, an

18  osteopathic physician may complete continuing education on

19  end-of-life and palliative care in lieu of continuing

20  education in conditions caused by nuclear, biological, and

21  chemical terrorism AIDS/HIV, if that physician has completed

22  the AIDS/HIV continuing education in conditions caused by

23  nuclear, biological, and chemical terrorism in the immediately

24  preceding biennium.

25         Section 12.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 1216
    25-726A-02                                          See HB 507




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes the State Health Officer to take specified
  4    actions to assure the availability of drugs and medical
      personnel in the event of a public health emergency.
  5    Requires certain health care practitioners and licensees,
      upon initial licensure and as a condition for biennial
  6    relicensure, to receive instruction on conditions caused
      by nuclear, biological, and chemical terrorism. Requires
  7    employees of certain health care facilities to receive
      such instruction upon initial employment and as biennial
  8    continuing education. Provides that such instruction
      counts toward the total required hours for biennial
  9    recertification of emergency medical technicians and
      paramedics. Provides continuing education credits to
10    health care practitioners who receive advanced cardiac
      life support, cardiopulmonary resuscitation, or emergency
11    first aid training. Requires the Department of Health to
      ask on its physician, nurse, and respiratory therapist
12    licensure application and renewal forms if the
      practitioner would be available to provide disaster
13    medical assistance. Prohibits termination of or
      discrimination against practitioners providing disaster
14    medical assistance for certain periods.

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