CODING: Words stricken are deletions; words underlined are additions.
c2441786
Senate
s0300-98
s0370
2002
AA
104940
Senator Dyer moved the following amendment to amendment
(104940):
On page 30, line 29,
   page 33, line 12,




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 441786

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Dyer moved the following amendment to amendment

12  (104940):

13

14         Senate Amendment (with title amendment) 

15         On page 30, line 29, through

16            page 33, line 12, delete those lines

17

18  and insert:

19         Section 33.  Present subsections (11) through (33) of

20  section 395.002, Florida Statutes, are renumbered as

21  subsections (13) through (35), respectively, and new

22  subsections (11) and (12) are added to that section, to read:

23         395.002  Definitions.--As used in this chapter:

24         (11)  "Medically unnecessary procedure" means a

25  surgical or other invasive procedure that no reasonable

26  physician, in light of the patient's history and available

27  diagnostic information, would deem to be indicated in order to

28  treat, cure, or palliate the patient's condition or disease.

29         (12)  "Surgical first assistant" means the first

30  assistant to the surgeon during a surgical operation.

31         Section 34.  Subsection (5) is added to section

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 441786





  1  395.0161, Florida Statutes, to read:

  2         395.0161  Licensure inspection.--

  3         (5)(a)  The agency shall adopt rules governing the

  4  conduct of inspections or investigations it initiates in

  5  response to:

  6         1.  Reports filed pursuant to s. 395.0197.

  7         2.  Complaints alleging violations of state or federal

  8  emergency access laws.

  9         3.  Complaints made by the public alleging violations

10  of law by licensed facilities or personnel.

11         (b)  The rules must set forth the procedures to be used

12  in the investigations or inspections in order to protect the

13  due process rights of licensed facilities and personnel and to

14  minimize, to the greatest reasonable extent possible, the

15  disruption of facility operations and the cost to facilities

16  resulting from those investigations.

17         Section 35.  Paragraph (b) of subsection (1) and

18  subsections (2), (14), and (16) of section 395.0197, Florida

19  Statutes, are amended to read:

20         395.0197  Internal risk management program.--

21         (1)  Every licensed facility shall, as a part of its

22  administrative functions, establish an internal risk

23  management program that includes all of the following

24  components:

25         (b)  The development of appropriate measures to

26  minimize the risk of adverse incidents to patients, including,

27  but not limited to:

28         1.  Risk management and risk prevention education and

29  training of all nonphysician personnel as follows:

30         a.  Such education and training of all nonphysician

31  personnel as part of their initial orientation; and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 441786





  1         b.  At least 1 hour of such education and training

  2  annually for all personnel of the licensed facility working in

  3  clinical areas and providing patient care, except those

  4  persons licensed as health care practitioners who are required

  5  to complete continuing education coursework pursuant to

  6  chapter 456 or the respective practice act.

  7         2.  A prohibition, except when emergency circumstances

  8  require otherwise, against a staff member of the licensed

  9  facility attending a patient in the recovery room, unless the

10  staff member is authorized to attend the patient in the

11  recovery room and is in the company of at least one other

12  person.  However, a licensed facility is exempt from the

13  two-person requirement if it has:

14         a.  Live visual observation;

15         b.  Electronic observation; or

16         c.  Any other reasonable measure taken to ensure

17  patient protection and privacy.

18         3.  A prohibition against an unlicensed person from

19  assisting or participating in any surgical procedure unless

20  the facility has authorized the person to do so following a

21  competency assessment, and such assistance or participation is

22  done under the direct and immediate supervision of a licensed

23  physician and is not otherwise an activity that may only be

24  performed by a licensed health care practitioner. Moreover,

25  the primary operating surgeon may select a surgical first

26  assistant from among available individuals who are approved or

27  credentialed by the facility.

28         4.  Development, implementation, and ongoing evaluation

29  of procedures, protocols, and systems to accurately identify

30  patients, planned procedures, and the correct site of the

31  planned procedure so as to minimize the performance of a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 441786





  1  surgical procedure on the wrong patient, a wrong surgical

  2  procedure, a wrong-site surgical procedure, or a surgical

  3  procedure otherwise unrelated to the patient's diagnosis or

  4  medical condition.

  5         (2)  The internal risk management program is the

  6  responsibility of the governing board of the health care

  7  facility. Each licensed facility shall use the services of

  8  hire  a risk manager, licensed under s. 395.10974, who is

  9  responsible for implementation and oversight of such

10  facility's internal risk management program as required by

11  this section. A risk manager must not be made responsible for

12  more than four internal risk management programs in separate

13  licensed facilities, unless the facilities are under one

14  corporate ownership or the risk management programs are in

15  rural hospitals.

16         (14)  The agency shall have access, as set forth in

17  rules adopted under s. 395.0161(5), to all licensed facility

18  records necessary to carry out the provisions of this section.

19  The records obtained by the agency under subsection (6),

20  subsection (8), or subsection (10) are not available to the

21  public under s. 119.07(1), nor shall they be discoverable or

22  admissible in any civil or administrative action, except in

23  disciplinary proceedings by the agency or the appropriate

24  regulatory board, nor shall records obtained pursuant to s.

25  456.071 be available to the public as part of the record of

26  investigation for and prosecution in disciplinary proceedings

27  made available to the public by the agency or the appropriate

28  regulatory board. However, the agency or the appropriate

29  regulatory board shall make available, upon written request by

30  a health care professional against whom probable cause has

31  been found, any such records which form the basis of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 441786





  1  determination of probable cause, except that, with respect to

  2  medical review committee records, s. 766.101 controls.

  3         (16)  The agency shall review, as part of its licensure

  4  inspection process, the internal risk management program at

  5  each licensed facility regulated by this section to determine

  6  whether the program meets standards established in statutes

  7  and rules, whether the program is being conducted in a manner

  8  designed to reduce adverse incidents, and whether the program

  9  is appropriately reporting incidents under this section. Only

10  a risk manager, licensed under s. 395.10974 and employed by

11  the Agency for Health Care Administration has the authority to

12  conduct inspections necessary to determine whether a program

13  meets the requirements of this section. A determination must

14  be based on the care, skill, and judgment which, in light of

15  all relevant surrounding circumstances, is recognized as

16  acceptable and appropriate by reasonably prudent similar

17  licensed risk managers. By July 1, 2004, the Agency for Health

18  Care Administration shall employ a minimum of three licensed

19  risk managers in each district to conduct inspections as

20  provided in this subsection.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 100, line 26, before the semicolon

26

27  insert:

28         and the term "surgical first assistant"

29

30

31

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