Senate Bill sb2738c1

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    Florida Senate - 2003                           CS for SB 2738

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Saunders




    317-2401-03

  1                      A bill to be entitled

  2         An act relating to public health; amending s.

  3         17.41, F.S.; providing for funds from the

  4         tobacco settlement to be transferred to the

  5         Biomedical Trust Fund within the Department of

  6         Health Services and Community Health Resources

  7         and the Division of Health Awareness and

  8         Tobacco; amending s. 20.43, F.S.; establishing

  9         the Division of Disability Determinations

10         within the Department of Health and renaming

11         the Division of Emergency Medical Services and

12         Community Health Resources and the Division of

13         Health Awareness and Tobacco; amending s.

14         154.01, F.S.; providing for environmental

15         health services to include investigations of

16         elevated blood lead levels; authorizing the

17         expenditure of funds for such investigations;

18         creating s. 216.342, F.S.; authorizing the

19         expenditure of funds in the United States Trust

20         Fund for the operation of the Division of

21         Disability Determinations; amending s.

22         381.0011, F.S.; revising duties of the

23         department with respect to injury prevention

24         and control; amending s. 381.004, F.S.;

25         revising requirements for the release of HIV

26         test results; amending s. 381.0065, F.S.,

27         relating to onsite sewage treatment and

28         disposal systems; clarifying a definition;

29         deleting obsolete provisions; amending s.

30         381.0066, F.S.; deleting a limitation on the

31         period for imposing a fee on new sewage system

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    Florida Senate - 2003                           CS for SB 2738
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 1         construction; amending s. 381.0072, F.S.;

 2         clarifying provisions governing the authority

 3         of the department to adopt and enforce

 4         sanitation rules; creating s. 381.104, F.S.;

 5         authorizing state agencies to establish

 6         employee health and wellness programs;

 7         providing requirements for the programs;

 8         requiring the use of an employee health and

 9         wellness activity agreement form; requiring an

10         evaluation and improvement process for the

11         program; requiring the department to provide

12         model program guidelines; creating s. 381.86,

13         F.S.; creating the Review Council for Human

14         Subjects within the Department of Health;

15         providing duties and membership; providing for

16         reimbursement for per diem and travel expenses;

17         requiring the department to charge for costs

18         incurred by the council for research oversight;

19         providing an exception; requiring the

20         department to adopt rules; amending s. 381.89,

21         F.S.; revising the fees imposed for the

22         licensure of tanning facilities; amending s.

23         381.90, F.S.; revising the membership of the

24         Health Information Systems Council; revising

25         the date for submitting an annual plan;

26         amending s. 383.14, F.S.; clarifying provisions

27         with respect to the screening of newborns;

28         amending s. 384.25, F.S.; revising requirements

29         for the reporting of sexually transmissible

30         disease; requiring the department to adopt

31         rules; amending s. 385.204, F.S.; revising

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    Florida Senate - 2003                           CS for SB 2738
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 1         requirements for the purchase and distribution

 2         of insulin by the department; amending s.

 3         391.021, F.S.; redefining the term "children

 4         with special health care needs" for purposes of

 5         the Children's Medical Services Act; amending

 6         s. 391.025, F.S.; revising applicability and

 7         scope of the act; amending s. 391.029, F.S.;

 8         revising requirements for program eligibility;

 9         amending s. 391.035, F.S.; authorizing the

10         department to contract for services provided

11         under the act; amending s. 391.055, F.S.;

12         requiring the referral of a newborn having a

13         certain abnormal screening result; creating s.

14         391.309, F.S.; establishing the Florida Infants

15         and Toddlers Early Intervention Program;

16         providing requirements for the department under

17         the program; requiring certain federal waivers;

18         amending s. 394.9151, F.S.; authorizing the

19         Department of Children and Family Services to

20         contract with the Correctional Medical

21         Authority for medical quality assurance

22         assistance at certain facilities; amending s.

23         395.404, F.S.; revising requirements for

24         reports to the department concerning brain or

25         spinal cord injuries; amending s. 401.113,

26         F.S.; providing for the use of funds generated

27         from interest on certain grant moneys; amending

28         s. 401.211, F.S.; providing legislative intent

29         with respect to a statewide comprehensive

30         injury prevention program; creating s. 401.243,

31         F.S.; providing duties of the department in

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    Florida Senate - 2003                           CS for SB 2738
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 1         operating the program; amending s. 401.27,

 2         F.S.; authorizing electronically submitted

 3         applications for certification or

 4         recertification as an emergency medical

 5         technician or a paramedic; revising

 6         requirements for an insignia identifying such

 7         person; requiring the screening of applicants

 8         through the Department of Law Enforcement;

 9         amending s. 401.2701, F.S., relating to

10         emergency medical services training programs;

11         requiring that students be notified of certain

12         regulatory and screening requirements;

13         requiring the department to adopt rules;

14         amending s. 401.2715, F.S.; providing for

15         approval of continuing education courses;

16         amending s. 404.056, F.S.; revising

17         requirements for mandatory testing of certain

18         buildings and facilities for radon; amending s.

19         409.814, F.S.; revising eligibility for certain

20         children to participate in the Healthy Kids

21         program and the Medikids program; amending s.

22         409.91188, F.S.; authorizing the agency to

23         contract with private or public entities for

24         health care services; amending s. 456.072,

25         F.S.; providing an additional ground for which

26         disciplinary action may be taken; amending s.

27         456.025, F.S.; revising requirements for

28         tracking continuing education; amending s.

29         456.055, F.S.; providing requirements for

30         claims for services for chiropractic and

31         podiatric health care; amending ss. 460.406,

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    Florida Senate - 2003                           CS for SB 2738
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 1         463.006, and 467.009, F.S., relating to

 2         licensure; conforming provisions to changes

 3         made with respect to an accrediting agency;

 4         amending s. 468.302, F.S.; authorizing a

 5         nuclear medicine technologist to administer

 6         certain X radiation; amending ss. 468.509,

 7         468.707, 486.031, and 486.102, F.S., relating

 8         to licensure; conforming provisions to changes

 9         made with respect to an accrediting agency;

10         amending ss. 489.553 and 489.554, F.S.;

11         revising certification requirements for septic

12         tank contractors; authorizing an inactive

13         registration; amending ss. 490.005 and 491.005,

14         F.S., relating to licensure; conforming

15         provisions to changes made with respect to an

16         accrediting agency; amending s. 499.003, F.S.;

17         redefining the term "compressed medical gas"

18         for purposes of the Florida Drug and Cosmetic

19         Act; amending s. 499.007, F.S.; revising

20         requirements for labeling medicinal drugs;

21         amending s. 499.01, F.S.; authorizing the

22         department to issue a prescription drug

23         manufacturer permit to a nuclear pharmacy that

24         is a health care entity; amending s. 499.0121,

25         F.S.; providing requirements for retaining

26         inventories and records; transferring and

27         renumbering s. 501.122, F.S., relating to the

28         control of nonionizing radiations; amending s.

29         784.081, F.S.; providing for the

30         reclassification of the offense of assault or

31         battery if committed on an employee of the

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    Florida Senate - 2003                           CS for SB 2738
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 1         Department of Health or upon a direct services

 2         provider of the department; creating s.

 3         945.6038, F.S.; authorizing the Correctional

 4         Medical Authority to contract with the

 5         Department of Children and Family Services to

 6         provide assistance in medical quality assurance

 7         at certain facilities; repealing s. 381.85, s.

 8         381.0098(9), s. 385.103(2)(f), ss. 385.205 and

 9         385.209, and s. 445.033(7), F.S; relating to

10         biomedical and social research, obsolete

11         provisions concerning biomedical waste,

12         rulemaking authority of the department,

13         programs in kidney disease control,

14         dissemination of information on cholesterol

15         health risks, and an exemption for certain

16         evaluations conducted by Workforce Florida,

17         Inc.; providing an effective date.

18  

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

20  

21         Section 1.  Subsection (5) of section 17.41, Florida

22  Statutes, is amended to read:

23         17.41  Department of Banking and Finance Tobacco

24  Settlement Clearing Trust Fund.--

25         (5)  The department shall disburse funds, by

26  nonoperating transfer, from the Tobacco Settlement Clearing

27  Trust Fund to the tobacco settlement trust funds of the

28  various agencies or the Biomedical Research Trust Fund in the

29  Department of Health, as appropriate, in amounts equal to the

30  annual appropriations made from those agencies' trust funds in

31  the General Appropriations Act.

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    Florida Senate - 2003                           CS for SB 2738
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 1         Section 2.  Paragraphs (f) and (j) of subsection (3) of

 2  section 20.43, Florida Statutes, are amended, and paragraph

 3  (k) is added to that section, to read:

 4         20.43  Department of Health.--There is created a

 5  Department of Health.

 6         (3)  The following divisions of the Department of

 7  Health are established:

 8         (f)  Division of Emergency Medical Operations Services

 9  and Community Health Resources.

10         (j)  Division of Health Access Awareness and Tobacco.

11         (k)  Division of Disability Determinations.

12         Section 3.  Paragraph (a) of subsection (2) and

13  subsection (3) of section 154.01, Florida Statutes, are

14  amended to read:

15         154.01  County health department delivery system.--

16         (2)  A functional system of county health department

17  services shall be established which shall include the

18  following three levels of service and be funded as follows:

19         (a)  "Environmental health services" are those services

20  which are organized and operated to protect the health of the

21  general public by monitoring and regulating activities in the

22  environment which may contribute to the occurrence or

23  transmission of disease.  Environmental health services shall

24  be supported by available federal, state, and local funds and

25  shall include those services mandated on a state or federal

26  level.  Examples of environmental health services include, but

27  are not limited to, food hygiene, investigations of elevated

28  blood lead levels, safe drinking water supply, sewage and

29  solid waste disposal, swimming pools, group care facilities,

30  migrant labor camps, toxic material control, radiological

31  health, occupational health, and entomology.

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    Florida Senate - 2003                           CS for SB 2738
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 1         (3)  The Department of Health shall enter into

 2  contracts with the several counties for the purposes of this

 3  part.  All contracts shall be negotiated and approved by the

 4  appropriate local governing bodies and the appropriate

 5  district administrators on behalf of the department. In

 6  accordance with federal guidelines, the state may utilize

 7  federal funds for county health department services.  A

 8  standard contract format shall be developed and used by the

 9  department in contract negotiations.  The contract shall

10  include the three levels of county health department services

11  outlined in subsection (2) above and shall contain a section

12  which stipulates, for the contract year:

13         (a)  All revenue sources, including federal, state, and

14  local general revenue, fees, and other cash contributions,

15  which shall be used by the county health department for county

16  health department services;

17         (b)  The types of services to be provided in each level

18  of service. Each participating county may expend funds for

19  federally mandated certification or recertification fees

20  related to investigations of elevated blood lead levels as

21  provided under paragraph (2)(a);

22         (c)  The estimated number of clients, where applicable,

23  who will be served, by type of service;

24         (d)  The estimated number of services, where

25  applicable, that will be provided, by type of service;

26         (e)  The estimated number of staff positions (full-time

27  equivalent positions) who will work in each type of service

28  area; and

29         (f)  The estimated expenditures for each type of

30  service and for each level of service.

31  

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    Florida Senate - 2003                           CS for SB 2738
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 1  The contract shall also provide for financial and service

 2  reporting for each type of service according to standard

 3  service and reporting procedures established by the

 4  department.

 5         Section 4.  Section 216.342, Florida Statutes, is

 6  created to read:

 7         216.342  Disbursement of the United States Trust

 8  Fund.--The United States Trust Fund may be expended by the

 9  Department of Health in accordance with the budget and plans

10  agreed upon by the Social Security Administration and the

11  Department of Health for the operation of the Division of

12  Disability Determinations. The limitations on appropriations

13  provided in s. 216.262 (1) do not apply to the United States

14  Trust Fund.

15         Section 5.  Subsection (12) of section 381.0011,

16  Florida Statutes, is amended to read:

17         381.0011  Duties and powers of the Department of

18  Health.--It is the duty of the Department of Health to:

19         (12)  Maintain Cooperate with other departments, local

20  officials, and private organizations in developing and

21  implementing a statewide injury prevention and control

22  program.

23         Section 6.  Paragraph (d) of subsection (3) of section

24  381.004, Florida Statutes, is amended to read:

25         381.004  HIV testing.--

26         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

27  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

28         (d)  No test result shall be determined as positive,

29  and no positive test result shall be revealed to any person,

30  without corroborating or confirmatory tests being conducted

31  except in the following situations:

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    Florida Senate - 2003                           CS for SB 2738
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 1         1.  Preliminary test results may be released to

 2  licensed physicians or the medical or nonmedical personnel

 3  subject to the significant exposure for purposes of

 4  subparagraphs (h)10., 11., and 12.

 5         2.  Preliminary test results may be released to health

 6  care providers and to the person tested when decisions about

 7  medical care or treatment of, or recommendation to, the person

 8  tested and, in the case of an intrapartum or postpartum woman,

 9  when care, treatment, or recommendations regarding her

10  newborn, cannot await the results of confirmatory testing.

11  Positive preliminary HIV test results shall not be

12  characterized to the patient as a diagnosis of HIV infection.

13  Justification for the use of preliminary test results must be

14  documented in the medical record by the health care provider

15  who ordered the test. This subparagraph does not authorize the

16  release of preliminary test results for the purpose of routine

17  identification of HIV-infected individuals or when HIV testing

18  is incidental to the preliminary diagnosis or care of a

19  patient. Corroborating or confirmatory testing must be

20  conducted as followup to a positive preliminary test.

21         3.  A positive rapid test result is preliminary and may

22  be released in accordance with the manufacturer's

23  instructions, as approved by the United States Food and Drug

24  Administration. A positive rapid test result shall be subject

25  to confirmatory testing for purposes of diagnosis and

26  reporting of HIV infection.

27  

28  Results shall be communicated to the patient according to

29  statute regardless of the outcome. Except as provided in this

30  section, test results are confidential and exempt from the

31  provisions of s. 119.07(1).

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 1         Section 7.  Paragraph (k) of subsection (2) and

 2  paragraph (j) of subsection (4) of section 381.0065, Florida

 3  Statutes, are amended to read:

 4         381.0065  Onsite sewage treatment and disposal systems;

 5  regulation.--

 6         (2)  DEFINITIONS.--As used in ss. 381.0065-381.0067,

 7  the term:

 8         (k)  "Permanent nontidal surface water body" means a

 9  perennial stream, a perennial river, an intermittent stream, a

10  perennial lake, a submerged marsh or swamp, a submerged wooded

11  marsh or swamp, a spring, or a seep, as identified on the most

12  recent quadrangle map, 7.5 minute series (topographic),

13  produced by the United States Geological Survey, or products

14  derived from that series. "Permanent nontidal surface water

15  body" shall also mean an artificial surface water body that

16  does not have an impermeable bottom and side and that is

17  designed to hold, or does hold, visible standing water for at

18  least 180 days of the year. However, a nontidal surface water

19  body that is drained, either naturally or artificially, where

20  the intent or the result is that such drainage be temporary,

21  shall be considered a permanent nontidal surface water body. A

22  nontidal surface water body that is drained of all visible

23  surface water, where the lawful intent or the result of such

24  drainage is that such drainage will be permanent, shall not be

25  considered a permanent nontidal surface water body. The

26  boundary of a permanent nontidal surface water body shall be

27  the mean annual flood line.

28         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

29  may not construct, repair, modify, abandon, or operate an

30  onsite sewage treatment and disposal system without first

31  obtaining a permit approved by the department. The department

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    Florida Senate - 2003                           CS for SB 2738
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 1  may issue permits to carry out this section, but shall not

 2  make the issuance of such permits contingent upon prior

 3  approval by the Department of Environmental Protection. A

 4  construction permit is valid for 18 months from the issuance

 5  date and may be extended by the department for one 90-day

 6  period under rules adopted by the department.  A repair permit

 7  is valid for 90 days from the date of issuance. An operating

 8  permit must be obtained prior to the use of any aerobic

 9  treatment unit or if the establishment generates commercial

10  waste. Buildings or establishments that use an aerobic

11  treatment unit or generate commercial waste shall be inspected

12  by the department at least annually to assure compliance with

13  the terms of the operating permit. The operating permit for a

14  commercial wastewater system is valid for 1 year from the date

15  of issuance and must be renewed annually. The operating permit

16  for an aerobic treatment unit is valid for 2 years from the

17  date of issuance and must be renewed every 2 years.  If all

18  information pertaining to the siting, location, and

19  installation conditions or repair of an onsite sewage

20  treatment and disposal system remains the same, a construction

21  or repair permit for the onsite sewage treatment and disposal

22  system may be transferred to another person, if the transferee

23  files, within 60 days after the transfer of ownership, an

24  amended application providing all corrected information and

25  proof of ownership of the property.  There is no fee

26  associated with the processing of this supplemental

27  information.  A person may not contract to construct, modify,

28  alter, repair, service, abandon, or maintain any portion of an

29  onsite sewage treatment and disposal system without being

30  registered under part III of chapter 489.  A property owner

31  who personally performs construction, maintenance, or repairs

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    Florida Senate - 2003                           CS for SB 2738
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 1  to a system serving his or her own owner-occupied

 2  single-family residence is exempt from registration

 3  requirements for performing such construction, maintenance, or

 4  repairs on that residence, but is subject to all permitting

 5  requirements. A municipality or political subdivision of the

 6  state may not issue a building or plumbing permit for any

 7  building that requires the use of an onsite sewage treatment

 8  and disposal system unless the owner or builder has received a

 9  construction permit for such system from the department. A

10  building or structure may not be occupied and a municipality,

11  political subdivision, or any state or federal agency may not

12  authorize occupancy until the department approves the final

13  installation of the onsite sewage treatment and disposal

14  system. A municipality or political subdivision of the state

15  may not approve any change in occupancy or tenancy of a

16  building that uses an onsite sewage treatment and disposal

17  system until the department has reviewed the use of the system

18  with the proposed change, approved the change, and amended the

19  operating permit.

20         (j)  An onsite sewage treatment and disposal system for

21  a single-family residence that is designed by a professional

22  engineer registered in the state and certified by such

23  engineer as complying with performance criteria adopted by the

24  department must be approved by the department subject to the

25  following:

26         1.  The performance criteria applicable to

27  engineer-designed systems must be limited to those necessary

28  to ensure that such systems do not adversely affect the public

29  health or significantly degrade the groundwater or surface

30  water.  Such performance criteria shall include consideration

31  of the quality of system effluent, the proposed total sewage

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 1  flow per acre, wastewater treatment capabilities of the

 2  natural or replaced soil, water quality classification of the

 3  potential surface-water-receiving body, and the structural and

 4  maintenance viability of the system for the treatment of

 5  domestic wastewater.  However, performance criteria shall

 6  address only the performance of a system and not a system's

 7  design.

 8         2.  The technical review and advisory panel shall

 9  assist the department in the development of performance

10  criteria applicable to engineer-designed systems.  Workshops

11  on the development of the rules delineating such criteria

12  shall commence not later than September 1, 1996, and the

13  department shall advertise such rules for public hearing no

14  later than October 1, 1997.

15         3.  A person electing to utilize an engineer-designed

16  system shall, upon completion of the system design, submit

17  such design, certified by a registered professional engineer,

18  to the county health department.  The county health department

19  may utilize an outside consultant to review the

20  engineer-designed system, with the actual cost of such review

21  to be borne by the applicant. Within 5 working days after

22  receiving an engineer-designed system permit application, the

23  county health department shall request additional information

24  if the application is not complete.  Within 15 working days

25  after receiving a complete application for an

26  engineer-designed system, the county health department either

27  shall issue the permit or, if it determines that the system

28  does not comply with the performance criteria, shall notify

29  the applicant of that determination and refer the application

30  to the department for a determination as to whether the system

31  should be approved, disapproved, or approved with

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 1  modification. The department engineer's determination shall

 2  prevail over the action of the county health department.  The

 3  applicant shall be notified in writing of the department's

 4  determination and of the applicant's rights to pursue a

 5  variance or seek review under the provisions of chapter 120.

 6         4.  The owner of an engineer-designed performance-based

 7  system must maintain a current maintenance service agreement

 8  with a maintenance entity permitted by the department. The

 9  maintenance entity shall obtain a biennial system operating

10  permit from the department for each system under service

11  contract.  The department shall inspect the system at least

12  annually, or on such periodic basis as the fee collected

13  permits, and may collect system-effluent samples if

14  appropriate to determine compliance with the performance

15  criteria. The fee for the biennial operating permit shall be

16  collected beginning with the second year of system operation.

17  The maintenance entity shall inspect each system at least

18  twice each year and shall report quarterly to the department

19  on the number of systems inspected and serviced.

20         5.  If an engineer-designed system fails to properly

21  function or fails to meet performance standards, the system

22  shall be re-engineered, if necessary, to bring the system into

23  compliance with the provisions of this section.

24         Section 8.  Paragraph (k) of subsection (2) of section

25  381.0066, Florida Statutes, as amended by section 16 of

26  chapter 2002-402, Laws of Florida, is amended to read:

27         381.0066  Onsite sewage treatment and disposal systems;

28  fees.--

29         (2)  The minimum fees in the following fee schedule

30  apply until changed by rule by the department within the

31  following limits:

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 1         (k)  Research: An additional $5 fee shall be added to

 2  each new system construction permit issued during fiscal years

 3  1996-2003 to be used for onsite sewage treatment and disposal

 4  system research, demonstration, and training projects. Five

 5  dollars from any repair permit fee collected under this

 6  section shall be used for funding the hands-on training

 7  centers described in s. 381.0065(3)(j).

 8  

 9  The funds collected pursuant to this subsection must be

10  deposited in a trust fund administered by the department, to

11  be used for the purposes stated in this section and ss.

12  381.0065 and 381.00655.

13         Section 9.  Paragraph (a) of subsection (2) of section

14  381.0072, Florida Statutes, is amended to read:

15         381.0072  Food service protection.--It shall be the

16  duty of the Department of Health to adopt and enforce

17  sanitation rules consistent with law to ensure the protection

18  of the public from food-borne illness. These rules shall

19  provide the standards and requirements for the storage,

20  preparation, serving, or display of food in food service

21  establishments as defined in this section and which are not

22  permitted or licensed under chapter 500 or chapter 509.

23         (2)  DUTIES.--

24         (a)  The department shall adopt rules, including

25  definitions of terms which are consistent with law prescribing

26  minimum sanitation standards and manager certification

27  requirements as prescribed in s. 509.039, and which shall be

28  enforced in food service establishments as defined in this

29  section. The sanitation standards must address the

30  construction, operation, and maintenance of the establishment;

31  lighting, ventilation, laundry rooms, lockers, use and storage

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 1  of toxic materials and cleaning compounds, and first-aid

 2  supplies; plan review; design, construction, installation,

 3  location, maintenance, sanitation, and storage of food

 4  equipment and utensils; employee training, health, hygiene,

 5  and work practices; food supplies, preparation, storage,

 6  transportation, and service, including access to the areas

 7  where food is stored or prepared; and sanitary facilities and

 8  controls, including water supply and sewage disposal; plumbing

 9  and toilet facilities; garbage and refuse collection, storage,

10  and disposal; and vermin control. Public and private schools

11  if the food service is operated by school employees, hospitals

12  licensed under chapter 395, nursing homes licensed under part

13  II of chapter 400, child care facilities as defined in s.

14  402.301, and residential facilities colocated with a nursing

15  home or hospital if all food is prepared in a central kitchen

16  that complies with nursing or hospital regulations, and bars

17  and lounges shall be exempt from the rules developed for

18  manager certification. The department shall administer a

19  comprehensive inspection, monitoring, and sampling program to

20  ensure such standards are maintained. With respect to food

21  service establishments permitted or licensed under chapter 500

22  or chapter 509, the department shall assist the Division of

23  Hotels and Restaurants of the Department of Business and

24  Professional Regulation and the Department of Agriculture and

25  Consumer Services with rulemaking by providing technical

26  information.

27         Section 10.  Section 381.104, Florida Statutes, is

28  created to read:

29         381.104  Employee health and wellness program.--

30         (1)  Each state agency may allocate, from existing

31  resources, the necessary funding and facilities for the

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 1  development and maintenance of an employee health and wellness

 2  program and may seek additional funding from other sources to

 3  support the program for the benefit of the agency's employees.

 4         (2)  Each state agency may dedicate resources to

 5  develop and coordinate an employee health and wellness program

 6  or arrange to cooperate with other agencies in their

 7  geographic proximity for program coordination, including

 8  providers of state employee benefits.

 9         (3)  Each state agency may establish an employee health

10  and wellness coordinator and an advisory committee to guide

11  the development of an operational plan, including the

12  collection of data, to plan events and activities, and to

13  oversee program evaluation and the allocation of funds.

14         (4)  Each state agency may conduct and dedicate

15  resources toward an employee needs assessment to ascertain the

16  health and wellness-related needs of its employees.

17         (5)  Each state agency may establish policies that

18  allow employees no longer than 30 minutes of work time three

19  times each week, as individual workloads allow, which may be

20  used for the purpose of engaging in wellness activities,

21  including physical activity, stress-reduction programs,

22  tobacco cessation, personal training, nutrition counseling, or

23  weight reduction and control.

24         (6)  Each state agency participating in the program

25  must use an employee health and wellness activity agreement

26  form, which must be completed and signed by the employee,

27  signed by the employee's immediate supervisor, and kept in the

28  employee's personnel file prior to participating in any

29  activity. This form shall be developed by the Department of

30  Health. It is the responsibility of the employee to complete

31  the form, including the time of the workday the wellness

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 1  activity will be observed and on which days of the week,

 2  obtain the signature of his or her supervisor, and submit the

 3  form to the personnel office. The employee must submit a

 4  revised employee health and wellness activity agreement form

 5  prior to any change in the employee's activities.

 6         (7)  Each state agency may designate up to 1 hour each

 7  month for the purpose of providing wellness training for its

 8  employees.

 9         (8)  Each state agency may use the e-mail and other

10  communication systems to promote the agency's employee health

11  and wellness activities.

12         (9)  Each state agency may, and is encouraged to:

13         (a)  Enter into an agreement or contract with other

14  state agencies, including a state-supported college or

15  university, or with a local or federal department,

16  institution, commission, agency, or private enterprise to

17  present, collaborate, or participate jointly in health or

18  fitness education or activity programs.

19         (b)  Implement as a part of the employee health and

20  wellness program, health education activities that focus on

21  skill development and lifestyle behavior change, along with

22  information dissemination and awareness building, preferably

23  tailored to an employee's interests and needs.

24         (c)  Review and offer recommendations on environmental

25  and social support policies that pertain to improving the

26  health of employees.

27         (d)  Link the employee health and wellness program to

28  programs such as the employee assistance program and other

29  related programs to help employees balance work and family.

30         (e)  Offer free, low-cost, or employee fee-based

31  employee wellness programs.

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 1         (10)  Each agency that develops and implements an

 2  employee health and wellness program shall include and

 3  document an evaluation and improvement process to help enhance

 4  the program's efficiency and effectiveness over time.

 5         (11)  The Department of Health shall provide model

 6  program guidelines for the employee health and wellness

 7  program and shall provide ongoing technical assistance to

 8  other state agencies to assist in developing the agency's

 9  employee health and wellness program.

10         Section 11.  Section 381.86, Florida Statutes, is

11  created to read:

12         381.86  Review Council for Human Subjects.--

13         (1)  The Review Council for Human Subjects is created

14  within the Department of Health to comply with federal

15  requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50

16  and 56 for an institutional review board to review all

17  biomedical and behavioral research on human subjects which is

18  funded by the department or supported by the department in any

19  manner, including the permitting of access to department data

20  or department resources.

21         (2)  Consistent with federal requirements the Secretary

22  of Health shall determine and appoint the membership on the

23  council and designate the chair.

24         (3)  The council may serve as an institutional review

25  board for other agencies at the discretion of the secretary.

26         (4)  Each council member is entitled to reimbursement

27  for per diem and travel expenses as provided in s. 112.061

28  while carrying out the official business of the council.

29         (5)  The department shall charge for costs incurred by

30  the council for research oversight according to a fee

31  schedule, except that fees shall be waived for any student who

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 1  is a candidate for a degree at a university located in this

 2  state. The fee schedule shall provide for fees for initial

 3  review, amendments, and continuing review. The department

 4  shall adopt rules necessary to comply with federal

 5  requirements and this section. Such rules shall also prescribe

 6  procedures for requesting council review.

 7         (6)  Fees collected pursuant to this section shall be

 8  deposited into the Administrative Trust Fund and used solely

 9  for the purpose of administering the program authorized by

10  this section.

11         Section 12.  Paragraphs (b) and (c) of subsection (3)

12  of section 381.89, Florida Statutes, are amended to read:

13         381.89  Regulation of tanning facilities.--

14         (3)  

15         (b)  The department shall establish procedures for the

16  issuance and annual renewal of licenses and shall establish

17  annual license and renewal fees and late payment fees in an

18  amount necessary to cover the expenses of administering this

19  section. Annual license and renewal fees may not shall be not

20  less than $125 nor more than $250 per tanning device and a

21  maximum total fee per individual tanning facility may be set

22  by rule.  Effective October 1, 1991, the fee amount shall be

23  the minimum fee proscribed in this paragraph and such fee

24  amount shall remain in effect until the effective date of a

25  fee schedule adopted by the department.

26         (c)  The department may adopt a system under which

27  licenses expire on staggered dates and the annual renewal fees

28  are prorated quarterly monthly to reflect the actual number of

29  months the license is valid.

30  

31  

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 1         Section 13.  Subsection (3) and paragraph (a) of

 2  subsection (7) of section 381.90, Florida Statutes, are

 3  amended to read:

 4         381.90  Health Information Systems Council; legislative

 5  intent; creation, appointment, duties.--

 6         (3)  The council shall be composed of the following

 7  members or their senior executive-level designees:

 8         (a)  The Secretary of the Department of Health;

 9         (b)  The Executive Director secretary of the Department

10  of Veterans' Affairs Business and Professional Regulation;

11         (c)  The Secretary of the Department of Children and

12  Family Services;

13         (d)  The Secretary of Health Care Administration;

14         (e)  The Secretary of the Department of Corrections;

15         (f)  The Attorney General;

16         (g)  The Executive Director of the Correctional Medical

17  Authority;

18         (h)  Two members representing county health

19  departments, one from a small county and one from a large

20  county, appointed by the Governor;

21         (i)  A representative from the Florida Association of

22  Counties;

23         (j)  The Chief Financial Officer State Treasurer and

24  Insurance Commissioner;

25         (k)  A representative from the Florida Healthy Kids

26  Corporation;

27         (l)  A representative from a school of public health

28  chosen by the Commissioner of Education Board of Regents;

29         (m)  The Commissioner of Education;

30         (n)  The Secretary of the Department of Elderly

31  Affairs; and

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 1         (o)  The Secretary of the Department of Juvenile

 2  Justice.

 3  

 4  Representatives of the Federal Government may serve without

 5  voting rights.

 6         (7)  The council's duties and responsibilities include,

 7  but are not limited to, the following:

 8         (a)  By June March 1 of each year, to develop and

 9  approve a strategic plan pursuant to the requirements set

10  forth in s. 186.022(9). Copies of the plan shall be

11  transmitted electronically or in writing to the Executive

12  Office of the Governor, the Speaker of the House of

13  Representatives, and the President of the Senate.

14         Section 14.  Subsections (1) and (2), paragraphs (f)

15  and (g) of subsection (3), and subsection (5) of section

16  383.14, Florida Statutes, are amended to read:

17         383.14  Screening for metabolic disorders, other

18  hereditary and congenital disorders, and environmental risk

19  factors.--

20         (1)  SCREENING REQUIREMENTS.--To help ensure access to

21  the maternal and child health care system, the Department of

22  Health shall promote the screening of all newborns infants

23  born in Florida for phenylketonuria and other metabolic,

24  hereditary, and congenital disorders known to result in

25  significant impairment of health or intellect, as screening

26  programs accepted by current medical practice become available

27  and practical in the judgment of the department.  The

28  department shall also promote the identification and screening

29  of all newborns infants born in this state and their families

30  for environmental risk factors such as low income, poor

31  education, maternal and family stress, emotional instability,

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 1  substance abuse, and other high-risk conditions associated

 2  with increased risk of infant mortality and morbidity to

 3  provide early intervention, remediation, and prevention

 4  services, including, but not limited to, parent support and

 5  training programs, home visitation, and case management.

 6  Identification, perinatal screening, and intervention efforts

 7  shall begin prior to and immediately following the birth of

 8  the child by the attending health care provider.  Such efforts

 9  shall be conducted in hospitals, perinatal centers, county

10  health departments, school health programs that provide

11  prenatal care, and birthing centers, and reported to the

12  Office of Vital Statistics.

13         (a)  Prenatal screening.--The department shall develop

14  a multilevel screening process that includes a risk assessment

15  instrument to identify women at risk for a preterm birth or

16  other high-risk condition.  The primary health care provider

17  shall complete the risk assessment instrument and report the

18  results to the Office of Vital Statistics so that the woman

19  may immediately be notified and referred to appropriate

20  health, education, and social services.

21         (b)  Postnatal screening.--A risk factor analysis using

22  the department's designated risk assessment instrument shall

23  also be conducted as part of the medical screening process

24  upon the birth of a child and submitted to the department's

25  Office of Vital Statistics for recording and other purposes

26  provided for in this chapter.  The department's screening

27  process for risk assessment shall include a scoring mechanism

28  and procedures that establish thresholds for notification,

29  further assessment, referral, and eligibility for services by

30  professionals or paraprofessionals consistent with the level

31  of risk. Procedures for developing and using the screening

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 1  instrument, notification, referral, and care coordination

 2  services, reporting requirements, management information, and

 3  maintenance of a computer-driven registry in the Office of

 4  Vital Statistics which ensures privacy safeguards must be

 5  consistent with the provisions and plans established under

 6  chapter 411, Pub. L. No. 99-457, and this chapter.  Procedures

 7  established for reporting information and maintaining a

 8  confidential registry must include a mechanism for a

 9  centralized information depository at the state and county

10  levels.  The department shall coordinate with existing risk

11  assessment systems and information registries.  The department

12  must ensure, to the maximum extent possible, that the

13  screening information registry is integrated with the

14  department's automated data systems, including the Florida

15  On-line Recipient Integrated Data Access (FLORIDA) system.

16  Tests and screenings must be performed by the State Public

17  Health Laboratory, in coordination with Children's Medical

18  Services, at such times and in such manner as is prescribed by

19  the department after consultation with the Genetics and

20  Newborn Infant Screening Advisory Council and the State

21  Coordinating Council for School Readiness Programs.

22         (2)  RULES.--After consultation with the Genetics and

23  Newborn Infant Screening Advisory Council, the department

24  shall adopt and enforce rules requiring that every newborn

25  infant born in this state shall, prior to becoming 2 weeks of

26  age, be subjected to a test for phenylketonuria and, at the

27  appropriate age, be tested for such other metabolic diseases

28  and hereditary or congenital disorders as the department may

29  deem necessary from time to time. After consultation with the

30  State Coordinating Council for School Readiness Programs, the

31  department shall also adopt and enforce rules requiring every

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 1  newborn infant born in this state to be screened for

 2  environmental risk factors that place children and their

 3  families at risk for increased morbidity, mortality, and other

 4  negative outcomes.  The department shall adopt such additional

 5  rules as are found necessary for the administration of this

 6  section, including rules providing definitions of terms, rules

 7  relating to the methods used and time or times for testing as

 8  accepted medical practice indicates, rules relating to

 9  charging and collecting fees for screenings authorized by this

10  section, and rules requiring mandatory reporting of the

11  results of tests and screenings for these conditions to the

12  department.

13         (3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The

14  department shall administer and provide certain services to

15  implement the provisions of this section and shall:

16         (f)  Promote the availability of genetic studies and

17  counseling in order that the parents, siblings, and affected

18  newborns infants may benefit from available knowledge of the

19  condition.

20         (g)  Have the authority to charge and collect fees for

21  screenings authorized in this section, as follows:

22         1.  A fee of $20 will be charged for each live birth,

23  as recorded by the Office of Vital Statistics, occurring in a

24  hospital licensed under part I of chapter 395 or a birth

25  center licensed under s. 383.305, up to 3,000 live births per

26  licensed hospital per year or over 60 births per birth center

27  per year.  The department shall calculate the annual

28  assessment for each hospital and birth center, and this

29  assessment must be paid in equal amounts quarterly. Quarterly,

30  the department shall generate and mail to each hospital and

31  birth center a statement of the amount due.

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 1         2.  As part of the department's legislative budget

 2  request prepared pursuant to chapter 216, the department shall

 3  submit a certification by the department's inspector general,

 4  or the director of auditing within the inspector general's

 5  office, of the annual costs of the uniform testing and

 6  reporting procedures of the newborn infant screening program.

 7  In certifying the annual costs, the department's inspector

 8  general or the director of auditing within the inspector

 9  general's office shall calculate the direct costs of the

10  uniform testing and reporting procedures, including applicable

11  administrative costs. Administrative costs shall be limited to

12  those department costs which are reasonably and directly

13  associated with the administration of the uniform testing and

14  reporting procedures of the newborn infant screening program.

15  

16  All provisions of this subsection must be coordinated with the

17  provisions and plans established under this chapter, chapter

18  411, and Pub. L. No. 99-457.

19         (5)  ADVISORY COUNCIL.--There is established a Genetics

20  and Newborn Infant Screening Advisory Council made up of 12

21  members appointed by the Secretary of Health.  The council

22  shall be composed of two consumer members, three practicing

23  pediatricians, at least one of whom must be a pediatric

24  hematologist, one representative from each of the four medical

25  schools in the state, the Secretary of Health or his or her

26  designee, one representative from the Department of Health

27  representing Children's Medical Services, and one

28  representative from the Developmental Disabilities Program

29  Office of the Department of Children and Family Services. All

30  appointments shall be for a term of 4 years.  The chairperson

31  of the council shall be elected from the membership of the

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 1  council and shall serve for a period of 2 years.  The council

 2  shall meet at least semiannually or upon the call of the

 3  chairperson. The council may establish ad hoc or temporary

 4  technical advisory groups to assist the council with specific

 5  topics which come before the council. Council members shall

 6  serve without pay. Pursuant to the provisions of s. 112.061,

 7  the council members are entitled to be reimbursed for per diem

 8  and travel expenses.  It is the purpose of the council to

 9  advise the department about:

10         (a)  Conditions for which testing should be included

11  under the screening program and the genetics program;

12         (b)  Procedures for collection and transmission of

13  specimens and recording of results; and

14         (c)  Methods whereby screening programs and genetics

15  services for children now provided or proposed to be offered

16  in the state may be more effectively evaluated, coordinated,

17  and consolidated.

18         Section 15.  Section 384.25, Florida Statutes, is

19  amended to read:

20         384.25  Reporting required.--

21         (1)  Each person who makes a diagnosis of or treats a

22  person with a sexually transmissible disease and each

23  laboratory that performs a test for a sexually transmissible

24  disease which concludes with a positive result shall report

25  such facts as may be required by the department by rule,

26  within a time period as specified by rule of the department,

27  but in no case to exceed 2 weeks.

28         (a)(2)  The department shall adopt rules specifying the

29  information required in and a minimum time period for

30  reporting a sexually transmissible disease.  In adopting such

31  rules, the department shall consider the need for information,

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 1  protections for the privacy and confidentiality of the

 2  patient, and the practical ability of persons and laboratories

 3  to report in a reasonable fashion.  To ensure the

 4  confidentiality of persons infected with the human

 5  immunodeficiency virus (HIV), reporting of HIV infection and

 6  acquired immune deficiency syndrome (AIDS) must be conducted

 7  using a system the HIV/AIDS Reporting System (HARS) developed

 8  by the Centers for Disease Control and Prevention of the

 9  United States Public Health Service or an equivalent system.

10         (b)(3)  The department shall require reporting of

11  physician diagnosed cases of AIDS and HIV infection consistent

12  with based upon diagnostic criteria for surveillance-case

13  definition for HIV/AIDS reporting from the Centers for Disease

14  Control and Prevention.

15         (c)(4)  The department shall may require physician and

16  laboratory reporting of HIV infection. However, only reports

17  of HIV infection identified on or after the effective date of

18  the rule developed by the department pursuant to this

19  subsection shall be accepted. The Reporting may not affect or

20  relate to anonymous HIV testing programs conducted pursuant to

21  s. 381.004(4) or to university-based medical research

22  protocols as determined by the department.

23         (2)(5)  After notification of the test subject under

24  subsection (4), the department may, with the consent of the

25  test subject, notify school superintendents of students and

26  school personnel whose HIV tests are positive.

27         (3)  The department shall adopt rules requiring each

28  physician and laboratory to report any newborn or infant up to

29  18 months of age who has been exposed to HIV. The rules may

30  include the method and time period for reporting, information

31  

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 1  to be included in the report, requirements for enforcement,

 2  and followup activities by the department.

 3         (4)(6)  The department shall by February 1 of each year

 4  submit to the Legislature an annual report relating to all

 5  information obtained pursuant to this section.

 6         (5)(7)  Each person who violates the provisions of this

 7  section or the rules adopted hereunder may be fined by the

 8  department up to $500 for each offense.  The department shall

 9  report each violation of this section to the regulatory agency

10  responsible for licensing each health care professional and

11  each laboratory to which these provisions apply.

12         Section 16.  Subsection (1) of section 385.204, Florida

13  Statutes, is amended to read:

14         385.204  Insulin; purchase, distribution; penalty for

15  fraudulent application for and obtaining of insulin.--

16         (1)  The Department of Health, to the extent funds are

17  available, shall purchase and distribute insulin through its

18  agents or other appropriate agent of the state or Federal

19  Government in any county or municipality in the state to any

20  bona fide resident of this state suffering from diabetes or a

21  kindred disease requiring insulin in its treatment who makes

22  application for insulin and furnishes proof of his or her

23  financial inability to purchase in accordance with the rules

24  adopted promulgated by the department concerning the

25  distribution of insulin.

26         Section 17.  Subsection (2) of section 391.021, Florida

27  Statutes, is amended to read:

28         391.021  Definitions.--When used in this act, unless

29  the context clearly indicates otherwise:

30         (2)  "Children with special health care needs" means

31  those children under the age of 21 years who have, or are at

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 1  increased risk for, chronic physical, developmental,

 2  behavioral, or emotional conditions and who also require

 3  health care and related services of a type or amount beyond

 4  that which is generally required by children whose serious or

 5  chronic physical or developmental conditions require extensive

 6  preventive and maintenance care beyond that required by

 7  typically healthy children.  Health care utilization by these

 8  children exceeds the statistically expected usage of the

 9  normal child adjusted for chronological age.  These children

10  often need complex care requiring multiple providers,

11  rehabilitation services, and specialized equipment in a number

12  of different settings.

13         Section 18.  Section 391.025, Florida Statutes, is

14  amended to read:

15         391.025  Applicability and scope.--

16         (1)  This act applies to health services provided to

17  eligible individuals who are:

18         (a)  Enrolled in the Medicaid program;

19         (b)  Enrolled in the Florida Kidcare program; and

20         (c)  Uninsured or underinsured, provided that they meet

21  the financial eligibility requirements established in this

22  act, and to the extent that resources are appropriated for

23  their care.

24         (1)(2)  The Children's Medical Services program

25  consists of the following components:

26         (a)  The newborn infant metabolic screening program

27  established in s. 383.14.

28         (b)  The regional perinatal intensive care centers

29  program established in ss. 383.15-383.21.

30         (c)  A federal or state program authorized by the

31  Legislature.

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 1         (d)  The developmental evaluation and intervention

 2  program, including the infants and toddlers early intervention

 3  program.

 4         (e)  The Children's Medical Services network.

 5         (2)(3)  The Children's Medical Services program shall

 6  not be deemed an insurer and is not subject to the licensing

 7  requirements of the Florida Insurance Code or the rules of the

 8  Department of Insurance, when providing services to children

 9  who receive Medicaid benefits, other Medicaid-eligible

10  children with special health care needs, and children

11  participating in the Florida Kidcare program.

12         Section 19.  Subsection (2) of section 391.029, Florida

13  Statutes, is amended to read:

14         391.029  Program eligibility.--

15         (2)  The following individuals are financially eligible

16  to receive services through for the program:

17         (a)  A high-risk pregnant female who is eligible for

18  Medicaid.

19         (b)  Children A child with special health care needs

20  from birth to age 21 years who are is eligible for Medicaid.

21         (c)  Children A child with special health care needs

22  from birth to age 19 years who are is eligible for a program

23  under Title XXI of the Social Security Act.

24         (3)  Subject to the availability of funds, the

25  following individuals may receive services through the

26  program:

27         (a)(d)  Children A child with special health care needs

28  from birth to age 21 years whose family income is above

29  financial eligibility requirements under Title XXI of the

30  Social Security Act and whose projected annual cost of care

31  adjusts the family income to Medicaid financial criteria.  In

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 1  cases where the family income is adjusted based on a projected

 2  annual cost of care, the family shall participate financially

 3  in the cost of care based on criteria established by the

 4  department.

 5         (b)(e)  Children A child with special health care needs

 6  from birth to 21 years of age, as provided defined in Title V

 7  of the Social Security Act relating to children with special

 8  health care needs.

 9  

10  The department may continue to serve certain children with

11  special health care needs who are 21 years of age or older and

12  who were receiving services from the program prior to April 1,

13  1998.  Such children may be served by the department until

14  July 1, 2000.

15         Section 20.  Subsection (4) is added to section

16  391.035, Florida Statutes, to read:

17         391.035  Provider qualifications.--

18         (4)  Notwithstanding any other provision of law, the

19  department may contract with health care providers licensed in

20  another state to provide health services to participants in

21  the Children's Medical Services program when necessary due to

22  an emergency, the availability of specialty services, or a

23  greater convenience to the participant for receiving timely

24  and effective health care services. The department may adopt

25  rules to administer this subsection.

26         Section 21.  Subsection (4) is added to section

27  391.055, Florida Statutes, to read:

28         391.055  Service delivery systems.--

29         (4)  If a newborn has a presumptively abnormal

30  screening result for metabolic or other hereditary and

31  congenital disorders which is identified through the newborn

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 1  screening program pursuant to s. 383.14, the newborn shall be

 2  referred to the Children's Medical Services network for

 3  confirmatory testing, medical management, or medical referral.

 4         Section 22.  Section 391.309, Florida Statutes, is

 5  created to read:

 6         391.309  Florida Infants and Toddlers Early

 7  Intervention Program.--The Department of Health may implement

 8  and administer Part C of the federal Individuals with

 9  Disabilities Education Act (IDEA), which shall be known as the

10  Florida Infants and Toddlers Early Intervention Program.

11         (1)  The department, jointly with the Department of

12  Education, shall annually prepare a grant application to the

13  United States Department of Education for funding early

14  intervention services for infants and toddlers with

15  disabilities, ages birth through 36 months, and their families

16  pursuant to Part C of the federal Individuals with

17  Disabilities Education Act.

18         (2)  The department shall ensure that no early

19  intervention provider participating in the program provides

20  both core and required services without a waiver from the

21  Deputy Secretary for Children's Medical Services or his or her

22  designee, as expressed in the contract between the department

23  and the provider. For purposes of this section, "core"

24  services are limited to child find and referral services,

25  family support planning, service coordination, and

26  multidisciplinary evaluation.

27         Section 23.  Section 394.9151, Florida Statutes, is

28  amended to read:

29         394.9151  Contract authority.--The Department of

30  Children and Family Services may contract with a private

31  entity or state agency for use of and operation of facilities

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 1  to comply with the requirements of this act. The department of

 2  Children and Family Services may also contract with the

 3  Correctional Privatization Commission as defined in chapter

 4  957 to issue a request for proposals and monitor contract

 5  compliance for these services. The department may enter into

 6  an agreement or may contract with the Correctional Medical

 7  Authority, as defined in chapter 945, to conduct surveys of

 8  medical services and to provide medical quality assurance and

 9  improvement assistance at secure confinement and treatment

10  facilities for persons confined under this chapter.

11         Section 24.  Subsection (2) of section 395.404, Florida

12  Statutes, is amended to read:

13         395.404  Review of trauma registry data;

14  confidentiality and limited release.--

15         (2)  Notwithstanding the provisions of s. 381.74, each

16  trauma center and acute care hospital shall submit severe

17  disability and head-injury registry data to the department as

18  provided by rule. Each trauma center and acute care hospital

19  shall continue to provide initial notification of any person

20  who has a moderate-to-severe brain or spinal cord injury

21  persons who have severe disabilities and head injuries to the

22  brain and spinal cord injury central registry of the

23  Department of Health within timeframes provided in s. 381.74

24  chapter 413. Such initial notification shall be made in the

25  manner prescribed by the Department of Health for the purpose

26  of providing timely vocational rehabilitation and transitional

27  services to an individual who sustains traumatic

28  moderate-to-severe brain or spinal cord injury to enable such

29  individual to return to his or her community services to the

30  severely disabled or head-injured person.

31  

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 1         Section 25.  Subsection (2) of section 401.113, Florida

 2  Statutes, is amended to read:

 3         401.113  Department; powers and duties.--

 4         (2)(a)  The department shall annually dispense funds

 5  contained in the Emergency Medical Services Trust Fund as

 6  follows:

 7         1.(a)  Forty-five percent of such moneys must be

 8  divided among the counties according to the proportion of the

 9  combined amount deposited in the trust fund from the county.

10  These funds may not be used to match grant funds as identified

11  in subparagraph 2 paragraph (b). An individual board of county

12  commissioners may distribute these funds to emergency medical

13  service organizations within the county, as it deems

14  appropriate.

15         2.(b)  Forty percent of such moneys must be used by the

16  department for making matching grants to local agencies,

17  municipalities, and emergency medical services organizations

18  for the purpose of conducting research, increasing existing

19  levels of emergency medical services, evaluation, community

20  education, injury prevention programs, and training in

21  cardiopulmonary resuscitation and other lifesaving and first

22  aid techniques.

23         a.1.  At least 90 percent of these moneys must be made

24  available on a cash matching basis.  A grant made under this

25  subparagraph must be contingent upon the recipient providing a

26  cash sum equal to 25 percent of the total department-approved

27  grant amount.

28         b.2.  No more than 10 percent of these moneys must be

29  made available to rural emergency medical services, and

30  notwithstanding the restrictions specified in subsection (1),

31  these moneys may be used for improvement, expansion, or

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 1  continuation of services provided.  A grant made under this

 2  subparagraph must be contingent upon the recipient providing a

 3  cash sum equal to no more than 10 percent of the total

 4  department-approved grant amount.

 5  

 6  The department shall develop procedures and standards for

 7  grant disbursement under this paragraph based on the need for

 8  emergency medical services, the requirements of the population

 9  to be served, and the objectives of the state emergency

10  medical services plan.

11         3.(c)  Fifteen percent of such moneys must be used by

12  the department for capital equipment outlay, personnel,

13  community education, evaluation, and other costs associated

14  with the administration of this chapter. Any moneys not

15  annually used for this purpose must be used for making

16  additional rural grant funds available.

17         (b)  Notwithstanding any other law to the contrary, any

18  interest generated from grant funds may be expended by the

19  grantee on the budget items approved by the department.

20  Grantees receiving funds, which require a match, may not

21  expend interest funds until all match requirements have been

22  satisfied. Such grantees shall return to the department any

23  interest and grant funds not expended at the conclusion of the

24  grant period. All such returned funds shall be used by the

25  department for additional matching grant awards.

26         Section 26.  Section 401.211, Florida Statutes, is

27  amended to read:

28         401.211  Legislative intent.--The Legislature

29  recognizes that the systematic provision of emergency medical

30  services saves lives and reduces disability associated with

31  illness and injury.  In addition, that system of care must be

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 1  equally capable of assessing, treating, and transporting

 2  children, adults, and frail elderly persons.  Further, it is

 3  the intent of the Legislature to encourage the development and

 4  maintenance of emergency medical services because such

 5  services are essential to the health and well-being of all

 6  citizens of the state. The Legislature also recognizes that

 7  the establishment of a statewide comprehensive injury

 8  prevention program supports state and community health systems

 9  by further enhancing the total delivery system of emergency

10  medical services and reduces injuries for all persons. The

11  purpose of this part is to protect and enhance the public

12  health, welfare, and safety through the establishment of an

13  emergency medical services state plan, an advisory council, a

14  comprehensive statewide injury prevention and control program,

15  minimum standards for emergency medical services personnel,

16  vehicles, services and medical direction, and the

17  establishment of a statewide inspection program created to

18  monitor the quality of patient care delivered by each licensed

19  service and appropriately certified personnel.

20         Section 27.  Section 401.243, Florida Statutes, is

21  created to read:

22         401.243  Injury prevention and control.--The injury

23  prevention and control program is responsible for the

24  statewide coordination and expansion of injury prevention and

25  control activities. The duties of the department may include,

26  but not be limited to, data collection, surveillance,

27  education, and the promotion of interventions. The department

28  may:

29         (1)  Assist county health departments and community and

30  other state agencies by serving as a focal point for injury

31  prevention expertise and guidance.

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 1         (2)  Seek, receive, and expend any funds received

 2  through appropriations, grants, donations, or contributions

 3  from public or private sources for program purposes.

 4         (3)  Adopt rules related to the activities of the

 5  program, including, but not limited to, those needed for

 6  implementation of injury prevention and control activities,

 7  data collection, surveillance, education, promotion of

 8  interventions, and for assistance to other entities.

 9         (4)  Develop, and revise as necessary, a comprehensive

10  state plan for injury prevention and control.

11         Section 28.  Subsections (3), (4), (5), and (13) of

12  section 401.27, Florida Statutes, are amended, and subsection

13  (14) is added to that section, to read:

14         401.27  Personnel; standards and certification.--

15         (3)  Any person who desires to be certified or

16  recertified as an emergency medical technician or paramedic

17  must apply to the department under oath on forms provided by

18  the department which shall contain such information as the

19  department reasonably requires, which may include affirmative

20  evidence of ability to comply with applicable laws and rules.

21  The department may accept electronically submitted

22  applications. If an application is submitted electronically,

23  the department may require supplemental materials, including

24  an original signature of the applicant and documentation

25  verifying eligibility for certification to be submitted in a

26  nonelectronic format. The department shall determine whether

27  the applicant meets the requirements specified in this section

28  and in rules of the department and shall issue a certificate

29  to any person who meets such requirements.

30         (4)  An applicant for certification or recertification

31  as an emergency medical technician or paramedic must:

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 1         (a)  Have completed an appropriate training course as

 2  follows:

 3         1.  For an emergency medical technician, an emergency

 4  medical technician training course equivalent to the most

 5  recent emergency medical technician basic training course of

 6  the United States Department of Transportation as approved by

 7  the department;

 8         2.  For a paramedic, a paramedic training program

 9  equivalent to the most recent paramedic course of the United

10  States Department of Transportation as approved by the

11  department;

12         (b)  Certify under oath that he or she is not addicted

13  to alcohol or any controlled substance;

14         (c)  Certify under oath that he or she is free from any

15  physical or mental defect or disease that might impair the

16  applicant's ability to perform his or her duties;

17         (d)  Within 1 year after course completion have passed

18  an examination developed or required by the department;

19         (e)1.  For an emergency medical technician, hold either

20  a current American Heart Association cardiopulmonary

21  resuscitation course card or an American Red Cross

22  cardiopulmonary resuscitation course card or its equivalent as

23  defined by department rule;

24         2.  For a paramedic, hold a certificate of successful

25  course completion in advanced cardiac life support from the

26  American Heart Association or its equivalent as defined by

27  department rule;

28         (f)  Submit the certification fee and the nonrefundable

29  examination fee prescribed in s. 401.34, which examination fee

30  will be required for each examination administered to an

31  applicant; and

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 1         (g)  Submit a completed application to the department,

 2  which application documents compliance with paragraphs (a),

 3  (b), (c), (e), (f), (g), and, if applicable, (d). The

 4  application must be submitted so as to be received by the

 5  department at least 30 calendar days before the next regularly

 6  scheduled examination for which the applicant desires to be

 7  scheduled.

 8         (5)  The certification examination must be offered

 9  monthly.  The department shall issue an examination admission

10  notice to the applicant advising him or her of the time and

11  place of the examination for which he or she is scheduled.

12  Individuals achieving a passing score on the certification

13  examination may be issued a temporary certificate with their

14  examination grade report. The department must issue an

15  original certification within 45 days after the examination.

16  Examination questions and answers are not subject to discovery

17  but may be introduced into evidence and considered only in

18  camera in any administrative proceeding under chapter 120. If

19  an administrative hearing is held, the department shall

20  provide challenged examination questions and answers to the

21  administrative law judge. The department shall establish by

22  rule the procedure by which an applicant, and the applicant's

23  attorney, may review examination questions and answers in

24  accordance with s. 119.07(3)(a).

25         (13)  The department shall adopt a standard state

26  insignia for emergency medical technicians and paramedics. The

27  department shall establish by rule the requirements to display

28  the state emergency medical technician and paramedic insignia.

29  The rules may not require a person to wear the standard

30  insignia but must require that If a person wears any insignia

31  that identifies the person as a certified emergency medical

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 1  technician or paramedic in this state, the insignia must be

 2  the standard state insignia adopted under this section. The

 3  insignia must denote the individual's level of certification

 4  at which he or she is functioning.

 5         (14)(a)  An applicant for initial certification under

 6  this section must submit information and a set of fingerprints

 7  to the Department of Health on a form and under procedures

 8  specified by the department, along with payment in an amount

 9  equal to the costs incurred by the Department of Health for a

10  a statewide criminal history check and a national criminal

11  history check of the applicant.

12         (b)  An applicant for renewed certification who has not

13  previously submitted a set of fingerprints to the Department

14  of Health must submit information required to perform a

15  statewide criminal background check and a set of fingerprints

16  to the department for a national criminal history check as a

17  condition of the initial renewal of his or her certificate

18  after July 1, 2003. The applicant must submit the fingerprints

19  on a form and under procedures specified by the department for

20  a national criminal history check, along with payment in an

21  amount equal to the costs incurred by the department. For

22  subsequent renewals, the department shall, by rule, adopt an

23  application form that includes a sworn oath or affirmation

24  attesting to the existence of any criminal convictions,

25  regardless of plea or adjudication, which have occurred since

26  the previous certification. If there has been a criminal

27  conviction, the provisions of this subsection shall apply. The

28  department shall notify current certificateholders of their

29  requirement to undergo a criminal history background screening

30  sufficiently in advance of the 2004 biennial expiration for

31  the certificateholder to provide the required information

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 1  prior to submission of the renewal certification application.

 2  Eligibility for renewal may not be denied by the department

 3  for the first renewal application subsequent to enactment of

 4  this subsection for delays created in obtaining the criminal

 5  history from the Department of Law Enforcement, the Federal

 6  Bureau of Investigation, or the Division of State Fire Marshal

 7  if the applicant has submitted the required criminal

 8  background screening information or affidavit and fees with

 9  the renewal certification application.

10         (c)  Pursuant to the requirements of s. 120.60,

11  applications for certification must be processed within 90

12  days after receipt of a completed application. Applications

13  for certification are not complete until the criminal history

14  and certified copies of all court documents for those

15  applications with prior criminal convictions, pursuant to this

16  section, have been received by the department.

17         (d)  The department shall submit the fingerprints and

18  information required for a statewide criminal history check to

19  the Department of Law Enforcement, and the Department of Law

20  Enforcement shall forward the fingerprints to the Federal

21  Bureau of Investigation for a national criminal history check

22  of the applicant.

23         (e)  If an applicant has undergone a criminal history

24  check as a condition of employment or certification as a

25  firefighter under s. 633.34, the Division of State Fire

26  Marshal of the Department of Financial Services shall provide

27  the criminal history information regarding the applicant

28  seeking certification or renewal of certification under this

29  section to the department. Any applicant for initial

30  certification or renewal of certification who has already

31  submitted a set of fingerprints and information to the

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 1  Division of State Fire Marshal of the Department of Financial

 2  Services for the criminal history check required for

 3  employment and certification of firefighters under s. 633.34

 4  within 2 years prior to application under this section is not

 5  required to provide to the department a subsequent set of

 6  fingerprints or other duplicate information required for a

 7  criminal history check if the applicant submits an affidavit

 8  in a form prescribed by the department attesting that he or

 9  she has been a state resident for the previous 2 years.

10         (f)  Notwithstanding the grounds for certification

11  denial outlined in s. 401.411, an applicant must not have been

12  found guilty of, regardless of plea or adjudication, any

13  offense prohibited under any of the following provisions of

14  the Florida Statutes or under any similar statute of another

15  jurisdiction:

16         1.  Section 415.111, relating to abuse, neglect, or

17  exploitation of a vulnerable adult.

18         2.  Section 782.04, relating to murder.

19         3.  Section 782.07, relating to manslaughter,

20  aggravated manslaughter of an elderly person or disabled

21  adult, or aggravated manslaughter of a child.

22         4.  Section 782.071, relating to vehicular homicide.

23         5.  Section 782.09, relating to killing of an unborn

24  child by injury to the mother.

25         6.  Section 784.011, relating to assault, if the victim

26  of the offense was a minor.

27         7.  Section 784.021, relating to aggravated assault.

28         8.  Section 784.03, relating to battery, if the victim

29  of the offense was a minor.

30         9.  Section 784.045, relating to aggravated battery.

31         10.  Section 784.01, relating to kidnapping.

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 1         11.  Section 787.02, relating to false imprisonment.

 2         12.  Section 794.011, relating to sexual battery.

 3         13.  Former s. 794.041, relating to prohibited acts of

 4  persons in familial or custodial authority.

 5         14.  Chapter 796, relating to prostitution.

 6         15.  Section 798.02, relating to lewd and lascivious

 7  behavior.

 8         16.  Chapter 800, relating to lewdness and indecent

 9  exposure.

10         17.  Section 806.01, relating to arson.

11         18.  Chapter 812, relating to theft, robbery, and

12  related crimes, only if the offense was a felony.

13         19.  Section 817.563, relating to fraudulent sale of

14  controlled substances, only if the offense was a felony.

15         20.  Section 825.102, relating to abuse, aggravated

16  abuse, or neglect of an elderly person or disabled adult.

17         21.  Section 825.1025, relating to lewd or lascivious

18  offenses committed upon or in the presence of an elderly

19  person or disabled adult.

20         22.  Section 825.103, relating to exploitation of an

21  elderly person or disabled adult, if the offense was a felony.

22         23.  Section 826.04, relating to incest.

23         24.  Section 827.03, relating to child abuse,

24  aggravated child abuse, or neglect of a child.

25         25.  Section 827.04, relating to contributing to the

26  delinquency or dependency of a child.

27         26.  Former s. 827.05, relating to negligent treatment

28  of children.

29         27.  Section 827.071, relating to sexual performance by

30  a child.

31         28.  Chapter 847, relating to obscene literature.

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 1         29.  Chapter 893, relating to drug abuse prevention and

 2  control, only if the offense was a felony or if any other

 3  person involved in the offense was a minor.

 4         30.  An act that constitutes domestic violence, as

 5  defined in s. 741.28.

 6         (g)  The department may grant to any applicant who

 7  would otherwise be denied certification or recertification

 8  under this subsection an exemption from that denial for:

 9         1.  Felonies committed more than 3 years prior to the

10  date of disqualification;

11         2.  Misdemeanors prohibited under any of the Florida

12  Statutes cited in this subsection or under similar statutes of

13  other jurisdictions;

14         3.  Offenses that were felonies when committed but that

15  are now misdemeanors;

16         4.  Findings of delinquency; or

17         5.  Commissions of acts of domestic violence as defined

18  in s. 741.28.

19         (h)  For the department to grant an exemption to any

20  applicant under this section, the applicant must demonstrate

21  by clear and convincing evidence that the applicant should not

22  be disqualified from certification or renewed certification.

23  Applicants seeking an exemption have the burden of setting

24  forth sufficient evidence of rehabilitation, including, but

25  not limited to, the circumstances surrounding the criminal

26  incident for which an exemption is sought, the time period

27  that has elapsed since the incident, the nature of the harm

28  caused to the victim, and the history of the applicant since

29  the incident, or any other evidence or circumstances

30  indicating that the applicant will not present a danger if the

31  certification or renewed certification is granted. To make the

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 1  necessary demonstration, the applicant must request an

 2  exemption and submit the required information supporting that

 3  request at the time of application so that the department may

 4  make a determination in accordance with this section.

 5         (i)  Denial of certification or renewed certification

 6  under paragraph (f) may not be removed from, nor may an

 7  exemption be granted to, any applicant who is found guilty of,

 8  regardless of plea or adjudication, any felony covered by

 9  paragraph (f) solely by reason of any pardon, executive

10  clemency, or restoration of civil rights.

11         (k)  If an applicant has undergone a criminal history

12  check as a condition of employment or licensing under any

13  Florida Statute within 2 years prior to application under this

14  section, the applicant may submit a copy of the official

15  Florida criminal history record or national criminal history

16  record produced under that requirement in lieu of the

17  fingerprint card required in paragraphs (a) and (b). The

18  department shall determine if the submission meets its

19  requirements, and, if not, the applicant shall be required to

20  comply with the provisions of this section. The department may

21  share criminal history background information with local,

22  state, and federal agencies for purposes of licensing or

23  employment background checks.

24         Section 29.  Subsection (6) is added to section

25  401.2701, Florida Statutes, to read:

26         401.2701  Emergency medical services training

27  programs.--

28         (6)  Training programs approved by the department

29  shall, at initiation of an emergency medical technician or

30  paramedic course, advise students of the certification and

31  regulatory requirements of this chapter, including, but not

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 1  limited to, the criminal history background screening

 2  requirement for initial and renewal certification under s.

 3  401.27. The department shall prescribe by rule the required

 4  content of this component of the course.

 5         Section 30.  Subsection (2) of section 401.2715,

 6  Florida Statutes, is amended to read:

 7         401.2715  Recertification training of emergency medical

 8  technicians and paramedics.--

 9         (2)  Any individual, institution, school, corporation,

10  or governmental entity may conduct emergency medical

11  technician or paramedic recertification training upon

12  application to the department and payment of a nonrefundable

13  fee to be deposited into the Emergency Medical Services Trust

14  Fund. Institutions conducting department-approved educational

15  programs as provided in this chapter and licensed ambulance

16  services are exempt from the application process and payment

17  of fees. The department shall adopt rules for the application

18  and payment of a fee not to exceed the actual cost of

19  administering this approval process. Upon application, the

20  department shall recognize any entity in this state which has

21  approval from the Continuing Education Coordinating Board for

22  Emergency Medical Services for courses in cardiopulmonary

23  resuscitation or advanced cardiac life support for

24  equivalency.

25         Section 31.  Subsection (4) of section 404.056, Florida

26  Statutes, is amended to read:

27         404.056  Environmental radiation standards and

28  projects; certification of persons performing measurement or

29  mitigation services; mandatory testing; notification on real

30  estate documents; rules.--

31  

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 1         (4)  MANDATORY TESTING.--All public and private school

 2  buildings or school sites housing students in kindergarten

 3  through grade 12; all state-owned, state-operated,

 4  state-regulated, or state-licensed 24-hour care facilities;

 5  and all state-licensed day care centers for children or minors

 6  which are located in counties designated within the Department

 7  of Community Affairs' Florida Radon Protection Map Categories

 8  as "Intermediate" or "Elevated Radon Potential" shall be

 9  measured to determine the level of indoor radon, using

10  measurement procedures established by the department. Initial

11  measurements Testing shall be performed completed within the

12  first year of construction in 20 percent of the habitable

13  first floor spaces within any of the regulated buildings.

14  Initial measurements shall be completed and reported to the

15  department within 1 by July 1 of the year after the date the

16  building is opened for occupancy or within 1 year after

17  license approval for an entity residing in an existing

18  building. Followup testing must be completed in 5 percent of

19  the habitable first floor spaces within any of the regulated

20  buildings after the building has been occupied for 5 years,

21  and results must be reported to the department by the first

22  day July 1 of the 6th 5th year of occupancy. After radon

23  measurements have been made twice, regulated buildings need

24  not undergo further testing unless significant structural

25  changes occur. No funds collected pursuant to s. 553.721 shall

26  be used to carry out the provisions of this subsection.

27         Section 32.  Subsection (5) of section 409.814, Florida

28  Statutes, is amended to read:

29         409.814  Eligibility.--A child whose family income is

30  equal to or below 200 percent of the federal poverty level is

31  eligible for the Florida Kidcare program as provided in this

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 1  section. In determining the eligibility of such a child, an

 2  assets test is not required. An applicant under 19 years of

 3  age who, based on a complete application, appears to be

 4  eligible for the Medicaid component of the Florida Kidcare

 5  program is presumed eligible for coverage under Medicaid,

 6  subject to federal rules. A child who has been deemed

 7  presumptively eligible for Medicaid shall not be enrolled in a

 8  managed care plan until the child's full eligibility

 9  determination for Medicaid has been completed. The Florida

10  Healthy Kids Corporation may, subject to compliance with

11  applicable requirements of the Agency for Health Care

12  Administration and the Department of Children and Family

13  Services, be designated as an entity to conduct presumptive

14  eligibility determinations. An applicant under 19 years of age

15  who, based on a complete application, appears to be eligible

16  for the Medikids, Florida Healthy Kids, or Children's Medical

17  Services network program component, who is screened as

18  ineligible for Medicaid and prior to the monthly verification

19  of the applicant's enrollment in Medicaid or of eligibility

20  for coverage under the state employee health benefit plan, may

21  be enrolled in and begin receiving coverage from the

22  appropriate program component on the first day of the month

23  following the receipt of a completed application.  For

24  enrollment in the Children's Medical Services network, a

25  complete application includes the medical or behavioral health

26  screening. If, after verification, an individual is determined

27  to be ineligible for coverage, he or she must be disenrolled

28  from the respective Title XXI-funded Kidcare program

29  component.

30         (5)  A child whose family income is above 200 percent

31  of the federal poverty level or a child who is excluded under

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 1  the provisions of subsection (4) may participate in the

 2  Florida Healthy Kids program or the Medikids program, Kidcare

 3  program, excluding the Medicaid program, but is subject to the

 4  following provisions:

 5         (a)  The family is not eligible for premium assistance

 6  payments and must pay the full cost of the premium, including

 7  any administrative costs.

 8         (b)  The agency is authorized to place limits on

 9  enrollment in Medikids by these children in order to avoid

10  adverse selection.  The number of children participating in

11  Medikids whose family income exceeds 200 percent of the

12  federal poverty level must not exceed 10 percent of total

13  enrollees in the Medikids program.

14         (c)  The board of directors of the Florida Healthy Kids

15  Corporation is authorized to place limits on enrollment of

16  these children in order to avoid adverse selection. In

17  addition, the board is authorized to offer a reduced benefit

18  package to these children in order to limit program costs for

19  such families. The number of children participating in the

20  Florida Healthy Kids program whose family income exceeds 200

21  percent of the federal poverty level must not exceed 10

22  percent of total enrollees in the Florida Healthy Kids

23  program.

24         (d)  Children described in this subsection are not

25  counted in the annual enrollment ceiling for the Florida

26  Kidcare program.

27         Section 33.  Section 409.91188, Florida Statutes, is

28  amended to read:

29         409.91188  Specialty prepaid health plans for Medicaid

30  recipients with HIV or AIDS.--

31  

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 1         (1)  The Agency for Health Care Administration shall

 2  issue a request for proposal or intent to implement a is

 3  authorized to contract with specialty prepaid health plans

 4  authorized pursuant to subsection (2) of this section and to

 5  pay them on a prepaid capitated basis to provide Medicaid

 6  benefits to Medicaid-eligible recipients who have human

 7  immunodeficiency syndrome (HIV) or acquired immunodeficiency

 8  syndrome (AIDS). The agency shall apply for or amend existing

 9  applications for and is authorized to implement federal

10  waivers or other necessary federal authorization to implement

11  the prepaid health plans authorized by this section. The

12  agency shall procure the specialty prepaid health plans

13  through a competitive procurement. In awarding a contract to a

14  managed care plan, the agency shall take into account price,

15  quality, accessibility, linkages to community-based

16  organizations, and the comprehensiveness of the benefit

17  package offered by the plan. The agency may bid the HIV/AIDS

18  specialty plans on a county, regional, or statewide basis.

19  Qualified plans must be licensed under chapter 641. The agency

20  shall monitor and evaluate the implementation of this waiver

21  program if it is approved by the Federal Government and shall

22  report on its status to the President of the Senate and the

23  Speaker of the House of Representatives by February 1, 2001.

24  To improve coordination of medical care delivery and to

25  increase cost efficiency for the Medicaid program in treating

26  HIV disease, the Agency for Health Care Administration shall

27  seek all necessary federal waivers to allow participation in

28  the Medipass HIV disease management program for Medicare

29  beneficiaries who test positive for HIV infection and who also

30  qualify for Medicaid benefits such as prescription medications

31  not covered by Medicare.

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 1         (2)  The agency may contract with any public or private

 2  entity authorized by this section on a prepaid or fixed-sum

 3  basis for the provision of health care services to recipients.

 4  An entity may provide prepaid services to recipients, either

 5  directly or through arrangements with other entities. Each

 6  entity shall:

 7         (a)  Be organized primarily for the purpose of

 8  providing health care or other services of the type regularly

 9  offered to Medicaid recipients in compliance with federal

10  laws.

11         (b)  Ensure that services meet the standards set by the

12  agency for quality, appropriateness, and timeliness.

13         (c)  Make provisions satisfactory to the agency for

14  insolvency protection and ensure that neither enrolled

15  Medicaid recipients nor the agency is liable for the debts of

16  the entity.

17         (d)  Provide to the agency a financial plan that

18  ensures fiscal soundness and that may include provisions

19  pursuant to which the entity and the agency share in the risk

20  of providing health care services. The contractual arrangement

21  between an entity and the agency shall provide for risk

22  sharing. The agency may bear the cost of providing certain

23  services when those costs exceed established risk limits or

24  arrangements whereby certain services are specifically

25  excluded under the terms of the contract between an entity and

26  the agency.

27         (e)  Provide, through contract or otherwise, for

28  periodic review of its medical facilities and services, as

29  required by the agency.

30         (f)  Furnish evidence satisfactory to the agency of

31  adequate liability insurance coverage or an adequate plan of

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 1  self-insurance to respond to claims for injuries arising out

 2  of the furnishing of health care.

 3         (g)  Provides organizational, operational, financial,

 4  and other information required by the agency.

 5         Section 34.  Paragraph (dd) is added to subsection (1)

 6  of section 456.072, Florida Statutes, to read:

 7         456.072  Grounds for discipline; penalties;

 8  enforcement.--

 9         (1)  The following acts shall constitute grounds for

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

11  be taken:

12         (dd)  Being terminated from an impaired practitioner

13  program that is overseen by an impaired practitioner

14  consultant as described in s. 456.076 for failure to comply

15  with the terms of the monitoring or treatment contract entered

16  into by the licensee without good cause.

17         Section 35.  Subsection (7) of section 456.025, Florida

18  Statutes, is amended to read:

19         456.025  Fees; receipts; disposition.--

20         (7)  Each board, or the department if there is no

21  board, shall establish, by rule, a fee not to exceed $250 for

22  anyone seeking approval to provide continuing education

23  courses or programs and shall establish by rule a biennial

24  renewal fee not to exceed $250 for the renewal of providership

25  of such courses. The fees collected from continuing education

26  providers shall be used for the purposes of reviewing course

27  provider applications, monitoring the integrity of the courses

28  provided, and covering legal expenses incurred as a result of

29  not granting or renewing a providership, and developing and

30  maintaining an electronic continuing education tracking

31  system. The department shall implement an electronic

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 1  continuing education tracking system for each new biennial

 2  renewal cycle for which electronic renewals are implemented

 3  after the effective date of this act and shall integrate such

 4  system into the licensure and renewal system. All approved

 5  continuing education providers shall provide information on

 6  course attendance to the department necessary to implement the

 7  electronic tracking system. The department shall, by rule,

 8  specify the form and procedures by which the information is to

 9  be submitted.

10         Section 36.  Section 456.055, Florida Statutes, is

11  amended to read:

12         456.055  Chiropractic and podiatric health care; denial

13  of payment; limitation.--

14         (1)  A chiropractic physician licensed under chapter

15  460 or a podiatric physician licensed under chapter 461 shall

16  not be denied payment for treatment rendered solely on the

17  basis that the chiropractic physician or podiatric physician

18  is not a member of a particular preferred provider

19  organization or exclusive provider organization which is

20  composed only of physicians licensed under the same chapter.

21         (2)  A claim for payment of a service performed by a

22  health care provider licensed in this state, identified on the

23  claim by a Physicians' Current Procedural Terminology (CPT)

24  code, and submitted under a health insurance policy or health

25  care services plan or submitted to a preferred provider

26  organization, exclusive provider organization, or health

27  maintenance organization in which the health care provider

28  participates, shall be paid in the same amount to all health

29  care providers submitting a claim for payment of a service

30  identified by the same CPT code, regardless of the chapter

31  under which the health care provider is licensed.

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 1         (3)  The provisions of this section may not be waived,

 2  voided, or nullified by contract.

 3         Section 37.  Paragraph (d) of subsection (1) of section

 4  460.406, Florida Statutes, is amended to read:

 5         460.406  Licensure by examination.--

 6         (1)  Any person desiring to be licensed as a

 7  chiropractic physician shall apply to the department to take

 8  the licensure examination. There shall be an application fee

 9  set by the board not to exceed $100 which shall be

10  nonrefundable.  There shall also be an examination fee not to

11  exceed $500 plus the actual per applicant cost to the

12  department for purchase of portions of the examination from

13  the National Board of Chiropractic Examiners or a similar

14  national organization, which may be refundable if the

15  applicant is found ineligible to take the examination.  The

16  department shall examine each applicant who the board

17  certifies has:

18         (d)1.  For an applicant who has matriculated in a

19  chiropractic college prior to July 2, 1990, completed at least

20  2 years of residence college work, consisting of a minimum of

21  one-half the work acceptable for a bachelor's degree granted

22  on the basis of a 4-year period of study, in a college or

23  university accredited by an accrediting agency recognized and

24  approved by the United States Department of Education.

25  However, prior to being certified by the board to sit for the

26  examination, each applicant who has matriculated in a

27  chiropractic college after July 1, 1990, shall have been

28  granted a bachelor's degree, based upon 4 academic years of

29  study, by a college or university accredited by a regional

30  accrediting agency which is recognized and approved by the

31  Council for Higher Education Accreditation or the United

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 1  States Department of Education a member of the Commission on

 2  Recognition of Postsecondary Accreditation.

 3         2.  Effective July 1, 2000, completed, prior to

 4  matriculation in a chiropractic college, at least 3 years of

 5  residence college work, consisting of a minimum of 90 semester

 6  hours leading to a bachelor's degree in a liberal arts college

 7  or university accredited by an accrediting agency recognized

 8  and approved by the United States Department of Education.

 9  However, prior to being certified by the board to sit for the

10  examination, each applicant who has matriculated in a

11  chiropractic college after July 1, 2000, shall have been

12  granted a bachelor's degree from an institution holding

13  accreditation for that degree from a regional accrediting

14  agency which is recognized by the United States Department of

15  Education.  The applicant's chiropractic degree must consist

16  of credits earned in the chiropractic program and may not

17  include academic credit for courses from the bachelor's

18  degree.

19         Section 38.  Paragraph (b) of subsection (1) of section

20  463.006, Florida Statutes, is amended to read:

21         463.006  Licensure and certification by examination.--

22         (1)  Any person desiring to be a licensed practitioner

23  pursuant to this chapter shall apply to the department to take

24  the licensure and certification examinations. The department

25  shall examine each applicant who the board determines has:

26         (b)  Submitted proof satisfactory to the department

27  that she or he:

28         1.  Is at least 18 years of age.

29         2.  Has graduated from an accredited school or college

30  of optometry approved by rule of the board.

31         3.  Is of good moral character.

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 1         4.  Has successfully completed at least 110 hours of

 2  transcript-quality coursework and clinical training in general

 3  and ocular pharmacology as determined by the board, at an

 4  institution that:

 5         a.  Has facilities for both didactic and clinical

 6  instructions in pharmacology; and

 7         b.  Is accredited by a regional or professional

 8  accrediting organization that is recognized and approved by

 9  the Council for Higher Education Accreditation Commission on

10  Recognition of Postsecondary Accreditation or the United

11  States Department of Education.

12         5.  Has completed at least 1 year of supervised

13  experience in differential diagnosis of eye disease or

14  disorders as part of the optometric training or in a clinical

15  setting as part of the optometric experience.

16         Section 39.  Subsection (8) of section 467.009, Florida

17  Statutes, is amended to read:

18         467.009  Midwifery programs; education and training

19  requirements.--

20         (8)  Nonpublic educational institutions that conduct

21  approved midwifery programs shall be accredited by an

22  accrediting agency recognized and approved by the Council for

23  Higher Education Accreditation or the United States Department

24  of Education a member of the Commission on Recognition of

25  Postsecondary Accreditation and shall be licensed by the

26  Commission for Independent Education State Board of Nonpublic

27  Career Education.

28         Section 40.  Paragraph (g) of subsection (3) of section

29  468.302, Florida Statutes, is amended to read:

30         468.302  Use of radiation; identification of certified

31  persons; limitations; exceptions.--

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 1         (3)

 2         (g)  A person holding a certificate as a nuclear

 3  medicine technologist may only:

 4         1.  Conduct in vivo and in vitro measurements of

 5  radioactivity and administer radiopharmaceuticals to human

 6  beings for diagnostic and therapeutic purposes.

 7         2.  Administer X radiation from a combination nuclear

 8  medicine-computed tomography device if that radiation is

 9  administered as an integral part of a nuclear medicine

10  procedure that uses an automated computed tomography protocol

11  for the purposes of attenuation correction and anatomical

12  localization and the person has received device-specific

13  training on the combination device.

14  

15  However, the authority of a nuclear medicine technologist

16  under this paragraph excludes radioimmunoassay and other

17  clinical laboratory testing regulated pursuant to chapter 483.

18         Section 41.  Subsection (2) of section 468.509, Florida

19  Statutes, is amended to read:

20         468.509  Dietitian/nutritionist; requirements for

21  licensure.--

22         (2)  The agency shall examine any applicant who the

23  board certifies has completed the application form and

24  remitted the application and examination fees specified in s.

25  468.508 and who:

26         (a)1.  Possesses a baccalaureate or postbaccalaureate

27  degree with a major course of study in human nutrition, food

28  and nutrition, dietetics, or food management, or an equivalent

29  major course of study, from a school or program accredited, at

30  the time of the applicant's graduation, by the appropriate

31  accrediting agency recognized by the Council for Higher

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 1  Education Accreditation or Commission on Recognition of

 2  Postsecondary Accreditation and the United States Department

 3  of Education; and

 4         2.  Has completed a preprofessional experience

 5  component of not less than 900 hours or has education or

 6  experience determined to be equivalent by the board; or

 7         (b)1.  Has an academic degree, from a foreign country,

 8  that has been validated by an accrediting agency approved by

 9  the United States Department of Education as equivalent to the

10  baccalaureate or postbaccalaureate degree conferred by a

11  regionally accredited college or university in the United

12  States;

13         2.  Has completed a major course of study in human

14  nutrition, food and nutrition, dietetics, or food management;

15  and

16         3.  Has completed a preprofessional experience

17  component of not less than 900 hours or has education or

18  experience determined to be equivalent by the board.

19         Section 42.  Paragraph (a) of subsection (1) of section

20  468.707, Florida Statutes, is amended to read:

21         468.707  Licensure by examination; requirements.--

22         (1)  Any person desiring to be licensed as an athletic

23  trainer shall apply to the department on a form approved by

24  the department.

25         (a)  The department shall license each applicant who:

26         1.  Has completed the application form and remitted the

27  required fees.

28         2.  Is at least 21 years of age.

29         3.  Has obtained a baccalaureate degree from a college

30  or university accredited by an accrediting agency recognized

31  and approved by the United States Department of Education or

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 1  the Council for Higher Education Accreditation or Commission

 2  on Recognition of Postsecondary Accreditation approved by the

 3  board.

 4         4.  Has completed coursework from a college or

 5  university accredited by an accrediting agency recognized and

 6  approved by the United States Department of Education or the

 7  Council for Higher Education Accreditation Commission on

 8  Recognition of Postsecondary Accreditation, or approved by the

 9  board, in each of the following areas, as provided by rule:

10  health, human anatomy, kinesiology/biomechanics, human

11  physiology, physiology of exercise, basic athletic training,

12  and advanced athletic training.

13         5.  Has current certification in standard first aid and

14  cardiovascular pulmonary resuscitation from the American Red

15  Cross or an equivalent certification as determined by the

16  board.

17         6.  Has, within 2 of the preceding 5 years, attained a

18  minimum of 800 hours of athletic training experience under the

19  direct supervision of a licensed athletic trainer or an

20  athletic trainer certified by the National Athletic Trainers'

21  Association or a comparable national athletic standards

22  organization.

23         7.  Has passed an examination administered or approved

24  by the board.

25         Section 43.  Section 486.031, Florida Statutes, is

26  amended to read:

27         486.031  Physical therapist; licensing

28  requirements.--To be eligible for licensing as a physical

29  therapist, an applicant must:

30         (1)  Be at least 18 years old;

31         (2)  Be of good moral character; and

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 1         (3)(a)  Have been graduated from a school of physical

 2  therapy which has been approved for the educational

 3  preparation of physical therapists by the appropriate

 4  accrediting agency recognized by the Council for Higher

 5  Education Accreditation Commission on Recognition of

 6  Postsecondary Accreditation or the United States Department of

 7  Education at the time of her or his graduation and have

 8  passed, to the satisfaction of the board, the American

 9  Registry Examination prior to 1971 or a national examination

10  approved by the board to determine her or his fitness for

11  practice as a physical therapist as hereinafter provided;

12         (b)  Have received a diploma from a program in physical

13  therapy in a foreign country and have educational credentials

14  deemed equivalent to those required for the educational

15  preparation of physical therapists in this country, as

16  recognized by the appropriate agency as identified by the

17  board, and have passed to the satisfaction of the board an

18  examination to determine her or his fitness for practice as a

19  physical therapist as hereinafter provided; or

20         (c)  Be entitled to licensure without examination as

21  provided in s. 486.081.

22         Section 44.  Section 486.102, Florida Statutes, is

23  amended to read:

24         486.102  Physical therapist assistant; licensing

25  requirements.--To be eligible for licensing by the board as a

26  physical therapist assistant, an applicant must:

27         (1)  Be at least 18 years old;

28         (2)  Be of good moral character; and

29         (3)(a)  Have been graduated from a school giving a

30  course of not less than 2 years for physical therapist

31  assistants, which has been approved for the educational

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 1  preparation of physical therapist assistants by the

 2  appropriate accrediting agency recognized by the Council for

 3  Higher Education Accreditation Commission on Recognition of

 4  Postsecondary Accreditation or the United States Department of

 5  Education at the time of her or his graduation and have passed

 6  to the satisfaction of the board an examination to determine

 7  her or his fitness for practice as a physical therapist

 8  assistant as hereinafter provided;

 9         (b)  Have been graduated from a school giving a course

10  for physical therapist assistants in a foreign country and

11  have educational credentials deemed equivalent to those

12  required for the educational preparation of physical therapist

13  assistants in this country, as recognized by the appropriate

14  agency as identified by the board, and passed to the

15  satisfaction of the board an examination to determine her or

16  his fitness for practice as a physical therapist assistant as

17  hereinafter provided; or

18         (c)  Be entitled to licensure without examination as

19  provided in s. 486.107.

20         Section 45.  Paragraph (a) of subsection (5) of section

21  489.553, Florida Statutes, is amended to read:

22         489.553  Administration of part; registration

23  qualifications; examination.--

24         (5)  To be eligible for registration by the department

25  as a master septic tank contractor, the applicant must:

26         (a)  Have been a registered septic tank contractor in

27  Florida for at least 3 years or a plumbing contractor

28  certified under part I of this chapter who has provided septic

29  tank contracting services for at least 3 years. The 3 years

30  must immediately precede the date of application and may not

31  

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 1  be interrupted by any probation, suspension, or revocation

 2  imposed by the licensing agency.

 3         Section 46.  Section 489.554, Florida Statutes, is

 4  amended to read:

 5         489.554  Registration renewal.--

 6         (1)  The department shall prescribe by rule the method

 7  for approval of continuing education courses, and for renewal

 8  of annual registration, for inactive status for late filing of

 9  a renewal application, for allowing a contractor to hold his

10  or her registration in inactive status for a specified period,

11  and for reactivating a license.

12         (2)  At a minimum, annual renewal shall include

13  continuing education requirements of not less than 6 classroom

14  hours annually for septic tank contractors and not less than

15  12 classroom hours annually for master septic tank

16  contractors. The 12 classroom hours of continuing education

17  required for master septic tank contractors may include the 6

18  classroom hours required for septic tank contractors, but at a

19  minimum must include 6 classroom hours of approved master

20  septic tank contractor coursework.

21         (3)  A certificate of registration shall become

22  inactive if a renewal application is not filed in a timely

23  manner. A certificate that has become inactive may be

24  reactivated under this section by application to the

25  department. A licensed contractor may apply to the department

26  for voluntary inactive status at any time during the period of

27  registration.

28         (4)  A master septic tank contractor may elect to

29  revert to registered septic tank contractor status at any time

30  during the period of registration. The department shall

31  prescribe by rule the method for a master septic tank

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 1  contractor whose registration has reverted to registered

 2  septic tank contractor status to apply for master septic tank

 3  contractor status.

 4         (5)  The department shall deny an application for

 5  renewal if there is any outstanding administrative penalty

 6  against the applicant which is final agency action and all

 7  judicial reviews are exhausted.

 8         Section 47.  Paragraph (b) of subsection (2) of section

 9  490.005, Florida Statutes, is amended to read:

10         490.005  Licensure by examination.--

11         (2)  Any person desiring to be licensed as a school

12  psychologist shall apply to the department to take the

13  licensure examination.  The department shall license each

14  applicant who the department certifies has:

15         (b)  Submitted satisfactory proof to the department

16  that the applicant:

17         1.  Has received a doctorate, specialist, or equivalent

18  degree from a program primarily psychological in nature and

19  has completed 60 semester hours or 90 quarter hours of

20  graduate study, in areas related to school psychology as

21  defined by rule of the department, from a college or

22  university which at the time the applicant was enrolled and

23  graduated was accredited by an accrediting agency recognized

24  and approved by the Council for Higher Education Accreditation

25  or the United States Department of Education Commission on

26  Recognition of Postsecondary Accreditation or an institution

27  which is publicly recognized as a member in good standing with

28  the Association of Universities and Colleges of Canada.

29         2.  Has had a minimum of 3 years of experience in

30  school psychology, 2 years of which must be supervised by an

31  individual who is a licensed school psychologist or who has

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 1  otherwise qualified as a school psychologist supervisor, by

 2  education and experience, as set forth by rule of the

 3  department.  A doctoral internship may be applied toward the

 4  supervision requirement.

 5         3.  Has passed an examination provided by the

 6  department.

 7         Section 48.  Paragraph (b) of subsection (3) and

 8  paragraph (b) of subsection (4) of section 491.005, Florida

 9  Statutes, are amended to read:

10         491.005  Licensure by examination.--

11         (3)  MARRIAGE AND FAMILY THERAPY.--Upon verification of

12  documentation and payment of a fee not to exceed $200, as set

13  by board rule, plus the actual cost to the department for the

14  purchase of the examination from the Association of Marital

15  and Family Therapy Regulatory Board, or similar national

16  organization, the department shall issue a license as a

17  marriage and family therapist to an applicant who the board

18  certifies:

19         (b)1.  Has a minimum of a master's degree with major

20  emphasis in marriage and family therapy, or a closely related

21  field, and has completed all of the following requirements:

22         a.  Thirty-six semester hours or 48 quarter hours of

23  graduate coursework, which must include a minimum of 3

24  semester hours or 4 quarter hours of graduate-level course

25  credits in each of the following nine areas: dynamics of

26  marriage and family systems; marriage therapy and counseling

27  theory and techniques; family therapy and counseling theory

28  and techniques; individual human development theories

29  throughout the life cycle; personality theory or general

30  counseling theory and techniques; psychopathology; human

31  sexuality theory and counseling techniques; psychosocial

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 1  theory; and substance abuse theory and counseling techniques.

 2  Courses in research, evaluation, appraisal, assessment, or

 3  testing theories and procedures; thesis or dissertation work;

 4  or practicums, internships, or fieldwork may not be applied

 5  toward this requirement.

 6         b.  A minimum of one graduate-level course of 3

 7  semester hours or 4 quarter hours in legal, ethical, and

 8  professional standards issues in the practice of marriage and

 9  family therapy or a course determined by the board to be

10  equivalent.

11         c.  A minimum of one graduate-level course of 3

12  semester hours or 4 quarter hours in diagnosis, appraisal,

13  assessment, and testing for individual or interpersonal

14  disorder or dysfunction; and a minimum of one 3-semester-hour

15  or 4-quarter-hour graduate-level course in behavioral research

16  which focuses on the interpretation and application of

17  research data as it applies to clinical practice.  Credit for

18  thesis or dissertation work, practicums, internships, or

19  fieldwork may not be applied toward this requirement.

20         d.  A minimum of one supervised clinical practicum,

21  internship, or field experience in a marriage and family

22  counseling setting, during which the student provided 180

23  direct client contact hours of marriage and family therapy

24  services under the supervision of an individual who met the

25  requirements for supervision under paragraph (c). This

26  requirement may be met by a supervised practice experience

27  which took place outside the academic arena, but which is

28  certified as equivalent to a graduate-level practicum or

29  internship program which required a minimum of 180 direct

30  client contact hours of marriage and family therapy services

31  currently offered within an academic program of a college or

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 1  university accredited by an accrediting agency approved by the

 2  United States Department of Education, or an institution which

 3  is publicly recognized as a member in good standing with the

 4  Association of Universities and Colleges of Canada or a

 5  training institution accredited by the Commission on

 6  Accreditation for Marriage and Family Therapy Education

 7  recognized by the United States Department of Education.

 8  Certification shall be required from an official of such

 9  college, university, or training institution.

10         2.  If the course title which appears on the

11  applicant's transcript does not clearly identify the content

12  of the coursework, the applicant shall be required to provide

13  additional documentation, including, but not limited to, a

14  syllabus or catalog description published for the course.

15  

16  The required master's degree must have been received in an

17  institution of higher education which at the time the

18  applicant graduated was:  fully accredited by a regional

19  accrediting body recognized by the Council for Higher

20  Education Accreditation or the United States Department of

21  Education Commission on Recognition of Postsecondary

22  Accreditation; publicly recognized as a member in good

23  standing with the Association of Universities and Colleges of

24  Canada; or an institution of higher education located outside

25  the United States and Canada, which at the time the applicant

26  was enrolled and at the time the applicant graduated

27  maintained a standard of training substantially equivalent to

28  the standards of training of those institutions in the United

29  States which are accredited by a regional accrediting body

30  recognized by the Council for Higher Education Accreditation

31  or the United States Department of Education Commission on

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 1  Recognition of Postsecondary Accreditation. Such foreign

 2  education and training must have been received in an

 3  institution or program of higher education officially

 4  recognized by the government of the country in which it is

 5  located as an institution or program to train students to

 6  practice as professional marriage and family therapists or

 7  psychotherapists.  The burden of establishing that the

 8  requirements of this provision have been met shall be upon the

 9  applicant, and the board shall require documentation, such as,

10  but not limited to, an evaluation by a foreign equivalency

11  determination service, as evidence that the applicant's

12  graduate degree program and education were equivalent to an

13  accredited program in this country.  An applicant with a

14  master's degree from a program which did not emphasize

15  marriage and family therapy may complete the coursework

16  requirement in a training institution fully accredited by the

17  Commission on Accreditation for Marriage and Family Therapy

18  Education recognized by the United States Department of

19  Education.

20         (4)  MENTAL HEALTH COUNSELING.--Upon verification of

21  documentation and payment of a fee not to exceed $200, as set

22  by board rule, plus the actual per applicant cost to the

23  department for purchase of the examination from the

24  Professional Examination Service for the National Academy of

25  Certified Clinical Mental Health Counselors or a similar

26  national organization, the department shall issue a license as

27  a mental health counselor to an applicant who the board

28  certifies:

29         (b)1.  Has a minimum of an earned master's degree from

30  a mental health counseling program accredited by the Council

31  for the Accreditation of Counseling and Related Educational

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 1  Programs that consists of at least 60 semester hours or 80

 2  quarter hours of clinical and didactic instruction, including

 3  a course in human sexuality and a course in substance abuse.

 4  If the master's degree is earned from a program related to the

 5  practice of mental health counseling that is not accredited by

 6  the Council for the Accreditation of Counseling and Related

 7  Educational Programs, then the coursework and practicum,

 8  internship, or fieldwork must consist of at least 60 semester

 9  hours or 80 quarter hours and meet the following requirements:

10         a.  Thirty-three semester hours or 44 quarter hours of

11  graduate coursework, which must include a minimum of 3

12  semester hours or 4 quarter hours of graduate-level coursework

13  in each of the following 11 content areas: counseling theories

14  and practice; human growth and development; diagnosis and

15  treatment of psychopathology; human sexuality; group theories

16  and practice; individual evaluation and assessment; career and

17  lifestyle assessment; research and program evaluation; social

18  and cultural foundations; counseling in community settings;

19  and substance abuse. Courses in research, thesis or

20  dissertation work, practicums, internships, or fieldwork may

21  not be applied toward this requirement.

22         b.  A minimum of 3 semester hours or 4 quarter hours of

23  graduate-level coursework in legal, ethical, and professional

24  standards issues in the practice of mental health counseling,

25  which includes goals, objectives, and practices of

26  professional counseling organizations, codes of ethics, legal

27  considerations, standards of preparation, certifications and

28  licensing, and the role identity and professional obligations

29  of mental health counselors. Courses in research, thesis or

30  dissertation work, practicums, internships, or fieldwork may

31  not be applied toward this requirement.

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 1         c.  The equivalent, as determined by the board, of at

 2  least 1,000 hours of university-sponsored supervised clinical

 3  practicum, internship, or field experience as required in the

 4  accrediting standards of the Council for Accreditation of

 5  Counseling and Related Educational Programs for mental health

 6  counseling programs. This experience may not be used to

 7  satisfy the post-master's clinical experience requirement.

 8         2.  If the course title which appears on the

 9  applicant's transcript does not clearly identify the content

10  of the coursework, the applicant shall be required to provide

11  additional documentation, including, but not limited to, a

12  syllabus or catalog description published for the course.

13  

14  Education and training in mental health counseling must have

15  been received in an institution of higher education which at

16  the time the applicant graduated was: fully accredited by a

17  regional accrediting body recognized by the Council for Higher

18  Education Accreditation or the United States Department of

19  Education Commission on Recognition of Postsecondary

20  Accreditation; publicly recognized as a member in good

21  standing with the Association of Universities and Colleges of

22  Canada; or an institution of higher education located outside

23  the United States and Canada, which at the time the applicant

24  was enrolled and at the time the applicant graduated

25  maintained a standard of training substantially equivalent to

26  the standards of training of those institutions in the United

27  States which are accredited by a regional accrediting body

28  recognized by the Council for Higher Education Accreditation

29  or the United States Department of Education Commission on

30  Recognition of Postsecondary Accreditation. Such foreign

31  education and training must have been received in an

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 1  institution or program of higher education officially

 2  recognized by the government of the country in which it is

 3  located as an institution or program to train students to

 4  practice as mental health counselors. The burden of

 5  establishing that the requirements of this provision have been

 6  met shall be upon the applicant, and the board shall require

 7  documentation, such as, but not limited to, an evaluation by a

 8  foreign equivalency determination service, as evidence that

 9  the applicant's graduate degree program and education were

10  equivalent to an accredited program in this country.

11         Section 49.  Subsection (6) of section 499.003, Florida

12  Statutes, is amended to read:

13         499.003  Definitions of terms used in ss.

14  499.001-499.081.--As used in ss. 499.001-499.081, the term:

15         (6)  "Compressed medical gas" means any liquefied or

16  vaporized gas that is classified as a prescription drug or

17  medical device, whether it is alone or in combination with

18  other gases.

19         Section 50.  Subsection (2) of section 499.007, Florida

20  Statutes, is amended to read:

21         499.007  Misbranded drug or device.--A drug or device

22  is misbranded:

23         (2)  Unless, if in package form, it bears a label

24  containing:

25         (a)  The name and place of business of the manufacturer

26  or distributor; in addition, for a medicinal drug, as defined

27  in s. 499.003, the label must contain the name and place of

28  business of the manufacturer of the finished dosage form of

29  the drug.  For the purpose of this paragraph, the finished

30  dosage form of a medicinal drug is that form of the drug which

31  is, or is intended to be, dispensed or administered to the

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 1  patient and requires no further manufacturing or processing

 2  other than packaging, reconstitution, and labeling; and

 3         (b)  An accurate statement of the quantity of the

 4  contents in terms of weight, measure, or numerical count;

 5  however, under this section, reasonable variations are

 6  permitted, and the department shall establish by rule

 7  exemptions for small packages.

 8  

 9  A drug dispensed by filling or refilling a written or oral

10  prescription of a practitioner licensed by law to prescribe

11  such drug is exempt from the requirements of this section,

12  except subsections (1), (8), (10), and (11) and the packaging

13  requirements of subsections (6) and (7), if the drug bears a

14  label that contains the name and address of the dispenser or

15  seller, the prescription number and the date the prescription

16  was written or filled, the name of the prescriber and the name

17  of the patient, and the directions for use and cautionary

18  statements.  This exemption does not apply to any drug

19  dispensed in the course of the conduct of a business of

20  dispensing drugs pursuant to diagnosis by mail or to any drug

21  dispensed in violation of subsection (12).  The department

22  may, by rule, exempt drugs subject to ss. 499.062-499.064 from

23  subsection (12) if compliance with that subsection is not

24  necessary to protect the public health, safety, and welfare.

25         Section 51.  Paragraph (e) of subsection (1) of section

26  499.01, Florida Statutes, is amended to read:

27         499.01  Permits; applications; renewal; general

28  requirements.--

29         (1)  Any person that is required under ss.

30  499.001-499.081 to have a permit must apply to the department

31  on forms furnished by the department.

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 1         (e)  The department may not issue a permit for a

 2  prescription drug manufacturer, prescription drug wholesaler,

 3  or retail pharmacy wholesaler may not be issued to the address

 4  of a health care entity, except as provided in this paragraph.

 5  The department may issue a prescription drug manufacturer

 6  permit to an applicant at the same address as a licensed

 7  nuclear pharmacy that is a health care entity for the purpose

 8  of manufacturing prescription drugs used in positron emission

 9  tomography or other radiopharmaceuticals, as listed in a rule

10  adopted by the department pursuant to this paragraph. The

11  purpose of this exemption is to assure availability of

12  state-of-the-art pharmaceuticals that would pose a significant

13  danger to the public health if manufactured at a separate

14  establishment address other than the nuclear pharmacy from

15  which the prescription drugs are dispensed.

16         Section 52.  Paragraph (b) of subsection (6) of section

17  499.0121, Florida Statutes, is amended to read:

18         499.0121  Storage and handling of prescription drugs;

19  recordkeeping.--The department shall adopt rules to implement

20  this section as necessary to protect the public health,

21  safety, and welfare.  Such rules shall include, but not be

22  limited to, requirements for the storage and handling of

23  prescription drugs and for the establishment and maintenance

24  of prescription drug distribution records.

25         (6)  RECORDKEEPING.--The department shall adopt rules

26  that require keeping such records of prescription drugs as are

27  necessary for the protection of the public health.

28         (b)  Inventories and records must be made available for

29  inspection and photocopying by authorized federal, state, or

30  local officials for a period of 2 years following disposition

31  

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 1  of the drugs or 3 years after the date the inventory or record

 2  was created, whichever is longer.

 3  

 4  For the purposes of this subsection, the term "authorized

 5  distributors of record" means those distributors with whom a

 6  manufacturer has established an ongoing relationship to

 7  distribute the manufacturer's products.

 8         Section 53.  Section 501.122, Florida Statutes, is

 9  transferred and renumbered as section 404.24, Florida

10  Statutes.

11         Section 54.  Section 784.081, Florida Statutes, is

12  amended to read:

13         784.081  Assault or battery on specified officials or

14  employees; reclassification of offenses.--Whenever a person is

15  charged with committing an assault or aggravated assault or a

16  battery or aggravated battery upon any elected official or

17  employee of: a school district; a private school; the Florida

18  School for the Deaf and the Blind; a university developmental

19  research school; a state university or any other entity of the

20  state system of public education, as defined in s. 1000.04; an

21  employee or protective investigator of the Department of

22  Children and Family Services; or an employee of a lead

23  community-based provider and its direct service contract

24  providers; or an employee of the Department of Health and its

25  direct service contract providers, when the person committing

26  the offense knows or has reason to know the identity or

27  position or employment of the victim, the offense for which

28  the person is charged shall be reclassified as follows:

29         (1)  In the case of aggravated battery, from a felony

30  of the second degree to a felony of the first degree.

31  

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 1         (2)  In the case of aggravated assault, from a felony

 2  of the third degree to a felony of the second degree.

 3         (3)  In the case of battery, from a misdemeanor of the

 4  first degree to a felony of the third degree.

 5         (4)  In the case of assault, from a misdemeanor of the

 6  second degree to a misdemeanor of the first degree.

 7         Section 55.  Section 945.6038, Florida Statutes, is

 8  created to read:

 9         945.6038  Additional services.--The authority may enter

10  into an agreement or may contract with the Department of

11  Children and Family Services, subject to the availability of

12  funds, to conduct surveys of medical services and to provide

13  medical quality assurance and improvement assistance at secure

14  confinement and treatment facilities for persons confined

15  under part V of chapter 394. The authority may enter into

16  similar agreements with other state agencies, subject to the

17  availability of funds. The authority may not enter any such

18  agreement if to do so would impair the authority's ability to

19  fulfill its obligations under this chapter.

20         Section 56.  Section 381.85, subsection (9) of section

21  381.0098, paragraph (f) of subsection (2) of section 385.103,

22  section 385.205, section 385.209, and subsection (7) of

23  section 445.033, Florida Statutes, are repealed.

24         Section 57.  This act shall take effect July 1, 2003.

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2738

 3                                 

 4  The Committee Substitute differs from SB 2738 in the following
    ways:
 5  
    The procedure for investigating emergency medical services
 6  complaints is not changed.

 7  Children's Medical Services physicians are not granted
    sovereign immunity.
 8  
    The Agency for Health Care Administration must, rather than
 9  may, issue a request for proposals to implement a specialty
    prepaid health plan for Medicaid-eligible recipients who have
10  HIV/AIDS. The health plan would not have to be licensed as a
    health maintenance organization. The agency could bid on a
11  statewide basis, rather than a county or regional basis.

12  It will be grounds for discipline when an impaired health care
    practitioner fails to comply with the terms of a treatment
13  program and is terminated from the program for failure to
    comply.
14  
    Professional boards and the Department of Health are not
15  required to develop an electronic system for tracking
    continuing education.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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