SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 850740
                            CHAMBER ACTION
              Senate                               House
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11  Senator Sullivan moved the following amendment to amendment
12  (732346):
13  
14         Senate Amendment (with title amendment) 
15         On page 82, between lines 13 & 14,
16  
17  insert:  
18         Section 34.  (1)  Effective July 1, 2002, all powers,
19  duties, functions, records, personnel, property, and
20  unexpended balances of appropriations, allocations, and other
21  funds of the Agency for Health Care Administration which
22  relate to consumer complaint services, investigations, and
23  prosecutorial services currently provided by the Agency for
24  Health Care Administration under a contract with the
25  Department of Health are transferred to the Department of
26  Health by a type two transfer, as defined in section 20.06(2),
27  Florida Statutes.  This transfer of funds shall include all
28  advance payments made from the Medical Quality Assurance Trust
29  Fund to the Agency for Health Care Administration.
30         (2)(a)  Effective July 1, 2002, 279 full-time
31  equivalent positions are eliminated from the Agency for Health
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 850740
 1  Care Administration's total number of authorized positions.
 2  Effective July 1, 2002, 279 full-time equivalent positions are
 3  authorized for the Department of Health, to be added to the
 4  department's total number of authorized positions.  However,
 5  if the General Appropriations Act for fiscal year 2002-2003
 6  reduces the number of positions from the practitioner
 7  regulation component at the Agency for Health Care
 8  Administration, that provision shall be construed to eliminate
 9  the full-time equivalent positions from the practitioner
10  regulation component, which is hereby transferred to the
11  Department of Health, thereby resulting in no more than 279
12  positions being eliminated from the agency and no more than
13  279 positions being authorized to the department.
14         (b)  All records, personnel, and funds of the consumer
15  complaint and investigative services units of the agency are
16  transferred and assigned to the Division of Medical Quality
17  Assurance of the Department of Health.
18         (c)  All records, personnel, and funds of the health
19  care practitioner prosecutorial unit of the agency are
20  transferred and assigned to the Office of the General Counsel
21  of the Department of Health.
22         (3)  The Department of Health is deemed the successor
23  in interest in all legal proceedings and contracts currently
24  involving the Agency for Health Care Administration and
25  relating to health care practitioner regulation.  Except as
26  provided herein, no legal proceeding shall be dismissed, nor
27  any contract terminated, on the basis of this type two
28  transfer.  The interagency agreement between the Department of
29  Health and the Agency for Health Care Administration shall
30  terminate on June 30, 2002.
31         Section 35.  Paragraph (g) of subsection (3) of section
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 850740
 1  20.43, Florida Statutes, is amended to read:
 2         20.43  Department of Health.--There is created a
 3  Department of Health.
 4         (3)  The following divisions of the Department of
 5  Health are established:
 6         (g)  Division of Medical Quality Assurance, which is
 7  responsible for the following boards and professions
 8  established within the division:
 9         1.  The Board of Acupuncture, created under chapter
10  457.
11         2.  The Board of Medicine, created under chapter 458.
12         3.  The Board of Osteopathic Medicine, created under
13  chapter 459.
14         4.  The Board of Chiropractic Medicine, created under
15  chapter 460.
16         5.  The Board of Podiatric Medicine, created under
17  chapter 461.
18         6.  Naturopathy, as provided under chapter 462.
19         7.  The Board of Optometry, created under chapter 463.
20         8.  The Board of Nursing, created under part I of
21  chapter 464.
22         9.  Nursing assistants, as provided under part II of
23  chapter 464.
24         10.  The Board of Pharmacy, created under chapter 465.
25         11.  The Board of Dentistry, created under chapter 466.
26         12.  Midwifery, as provided under chapter 467.
27         13.  The Board of Speech-Language Pathology and
28  Audiology, created under part I of chapter 468.
29         14.  The Board of Nursing Home Administrators, created
30  under part II of chapter 468.
31         15.  The Board of Occupational Therapy, created under
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 850740
 1  part III of chapter 468.
 2         16.  The Board of Respiratory Care therapy, as created
 3  provided under part V of chapter 468.
 4         17.  Dietetics and nutrition practice, as provided
 5  under part X of chapter 468.
 6         18.  The Board of Athletic Training, created under part
 7  XIII of chapter 468.
 8         19.  The Board of Orthotists and Prosthetists, created
 9  under part XIV of chapter 468.
10         20.  Electrolysis, as provided under chapter 478.
11         21.  The Board of Massage Therapy, created under
12  chapter 480.
13         22.  The Board of Clinical Laboratory Personnel,
14  created under part III of chapter 483.
15         23.  Medical physicists, as provided under part IV of
16  chapter 483.
17         24.  The Board of Opticianry, created under part I of
18  chapter 484.
19         25.  The Board of Hearing Aid Specialists, created
20  under part II of chapter 484.
21         26.  The Board of Physical Therapy Practice, created
22  under chapter 486.
23         27.  The Board of Psychology, created under chapter
24  490.
25         28.  School psychologists, as provided under chapter
26  490.
27         29.  The Board of Clinical Social Work, Marriage and
28  Family Therapy, and Mental Health Counseling, created under
29  chapter 491.
30  
31  The department may contract with the Agency for Health Care
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 913, 2nd Eng.
    Amendment No. ___   Barcode 850740
 1  Administration who shall provide consumer complaint,
 2  investigative, and prosecutorial services required by the
 3  Division of Medical Quality Assurance, councils, or boards, as
 4  appropriate.
 5  
 6  (Redesignate subsequent sections.)
 7  
 8  
 9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         On page 89, line 12, after the semicolon,
12  
13  insert:
14         transferring to the Department of Health the
15         powers, duties, functions, and assets that
16         relate to the consumer complaint services,
17         investigations, and prosecutorial services
18         performed by the Agency for Health Care
19         Administration under contract with the
20         department; transferring full-time equivalent
21         positions and the practitioner regulation
22         component from the agency to the department;
23         amending s. 20.43, F.S.; deleting the provision
24         authorizing the department to enter into such
25         contract with the agency, to conform; updating
26         a reference to provide the name of a regulatory
27         board under the Division of Medical Quality
28         Assurance;
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30  
31  
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