SENATE AMENDMENT
    Bill No. CS for CS for SB 370
    Amendment No. ___   Barcode 201346
                            CHAMBER ACTION
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11  Senator Sullivan moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 40, between lines 22 & 23,
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16  insert:  
17         Section 42.  (1)  Effective July 1, 2002, all powers,
18  duties, functions, records, personnel, property, and
19  unexpended balances of appropriations, allocations, and other
20  funds of the Agency for Health Care Administration which
21  relate to consumer complaint services, investigations, and
22  prosecutorial services currently provided by the Agency for
23  Health Care Administration under a contract with the
24  Department of Health are transferred to the Department of
25  Health by a type two transfer, as defined in section 20.06(2),
26  Florida Statutes.  This transfer of funds shall include all
27  advance payments made from the Medical Quality Assurance Trust
28  Fund to the Agency for Health Care Administration.
29         (2)(a)  Effective July 1, 2002, 279 full-time
30  equivalent positions are eliminated from the Agency for Health
31  Care Administration's total number of authorized positions.
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    4:20 PM   03/18/02                              s0370c2c-22m0b

SENATE AMENDMENT Bill No. CS for CS for SB 370 Amendment No. ___ Barcode 201346 1 Effective July 1, 2002, 279 full-time equivalent positions are 2 authorized for the Department of Health, to be added to the 3 department's total number of authorized positions. However, 4 if the General Appropriations Act for fiscal year 2002-2003 5 reduces the number of positions from the practitioner 6 regulation component at the Agency for Health Care 7 Administration, that provision shall be construed to eliminate 8 the full-time equivalent positions from the practitioner 9 regulation component, which is hereby transferred to the 10 Department of Health, thereby resulting in no more than 279 11 positions being eliminated from the agency and no more than 12 279 positions being authorized to the department. 13 (b) All records, personnel, and funds of the consumer 14 complaint and investigative services units of the agency are 15 transferred and assigned to the Division of Medical Quality 16 Assurance of the Department of Health. 17 (c) All records, personnel, and funds of the health 18 care practitioner prosecutorial unit of the agency are 19 transferred and assigned to the Office of the General Counsel 20 of the Department of Health. 21 (3) The Department of Health is deemed the successor 22 in interest in all legal proceedings and contracts currently 23 involving the Agency for Health Care Administration and 24 relating to health care practitioner regulation. Except as 25 provided herein, no legal proceeding shall be dismissed, nor 26 any contract terminated, on the basis of this type two 27 transfer. The interagency agreement between the Department of 28 Health and the Agency for Health Care Administration shall 29 terminate on June 30, 2002. 30 Section 43. Paragraph (g) of subsection (3) of section 31 20.43, Florida Statutes, is amended to read: 2 4:20 PM 03/18/02 s0370c2c-22m0b
SENATE AMENDMENT Bill No. CS for CS for SB 370 Amendment No. ___ Barcode 201346 1 20.43 Department of Health.--There is created a 2 Department of Health. 3 (3) The following divisions of the Department of 4 Health are established: 5 (g) Division of Medical Quality Assurance, which is 6 responsible for the following boards and professions 7 established within the division: 8 1. The Board of Acupuncture, created under chapter 9 457. 10 2. The Board of Medicine, created under chapter 458. 11 3. The Board of Osteopathic Medicine, created under 12 chapter 459. 13 4. The Board of Chiropractic Medicine, created under 14 chapter 460. 15 5. The Board of Podiatric Medicine, created under 16 chapter 461. 17 6. Naturopathy, as provided under chapter 462. 18 7. The Board of Optometry, created under chapter 463. 19 8. The Board of Nursing, created under part I of 20 chapter 464. 21 9. Nursing assistants, as provided under part II of 22 chapter 464. 23 10. The Board of Pharmacy, created under chapter 465. 24 11. The Board of Dentistry, created under chapter 466. 25 12. Midwifery, as provided under chapter 467. 26 13. The Board of Speech-Language Pathology and 27 Audiology, created under part I of chapter 468. 28 14. The Board of Nursing Home Administrators, created 29 under part II of chapter 468. 30 15. The Board of Occupational Therapy, created under 31 part III of chapter 468. 3 4:20 PM 03/18/02 s0370c2c-22m0b
SENATE AMENDMENT Bill No. CS for CS for SB 370 Amendment No. ___ Barcode 201346 1 16. The Board of Respiratory Care therapy, as created 2 provided under part V of chapter 468. 3 17. Dietetics and nutrition practice, as provided 4 under part X of chapter 468. 5 18. The Board of Athletic Training, created under part 6 XIII of chapter 468. 7 19. The Board of Orthotists and Prosthetists, created 8 under part XIV of chapter 468. 9 20. Electrolysis, as provided under chapter 478. 10 21. The Board of Massage Therapy, created under 11 chapter 480. 12 22. The Board of Clinical Laboratory Personnel, 13 created under part III of chapter 483. 14 23. Medical physicists, as provided under part IV of 15 chapter 483. 16 24. The Board of Opticianry, created under part I of 17 chapter 484. 18 25. The Board of Hearing Aid Specialists, created 19 under part II of chapter 484. 20 26. The Board of Physical Therapy Practice, created 21 under chapter 486. 22 27. The Board of Psychology, created under chapter 23 490. 24 28. School psychologists, as provided under chapter 25 490. 26 29. The Board of Clinical Social Work, Marriage and 27 Family Therapy, and Mental Health Counseling, created under 28 chapter 491. 29 30 The department may contract with the Agency for Health Care 31 Administration who shall provide consumer complaint, 4 4:20 PM 03/18/02 s0370c2c-22m0b
SENATE AMENDMENT Bill No. CS for CS for SB 370 Amendment No. ___ Barcode 201346 1 investigative, and prosecutorial services required by the 2 Division of Medical Quality Assurance, councils, or boards, as 3 appropriate. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 4, line 5, after the semicolon, 11 12 insert: 13 transferring to the Department of Health the 14 powers, duties, functions, and assets that 15 relate to the consumer complaint services, 16 investigations, and prosecutorial services 17 performed by the Agency for Health Care 18 Administration under contract with the 19 department; transferring full-time equivalent 20 positions and the practitioner regulation 21 component from the agency to the department; 22 amending s. 20.43, F.S.; deleting the provision 23 authorizing the department to enter into such 24 contract with the agency, to conform; updating 25 a reference to provide the name of a regulatory 26 board under the Division of Medical Quality 27 Assurance; 28 29 30 31 5 4:20 PM 03/18/02 s0370c2c-22m0b