ENROLLED
       2009 Legislature                   CS for SB 1662, 1st Engrossed
       
       
       
       
       
       
                                                             20091662er
    1  
    2         An act relating to the Department of Health; amending
    3         s. 154.02, F.S.; providing for additional uses of
    4         funds in the County Health Department Trust Fund;
    5         deleting a provision increasing the emergency reserve
    6         each year in line with increases in the Consumer Price
    7         Index; repealing s. 216.2625, F.S., relating to
    8         disbursement of Department of Health trust funds and
    9         appropriation of authorized positions; amending s.
   10         381.0202, F.S.; requiring the Department of Health to
   11         establish and maintain laboratories for
   12         microbiological and chemical analyses; amending s.
   13         381.0203, F.S.; requiring the Department of Health to
   14         establish and maintain a pharmacy services program:
   15         amending s. 382.003, F.S.; requiring the Department of
   16         Health to establish an Office of Vital Statistics;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (3), (4), and (5) of section
   22  154.02, Florida Statutes, are renumbered as subsections (4),
   23  (5), and (6), respectively, a new subsection (3) is added to
   24  that section, and paragraph (b) of present subsection (5) of
   25  that section is amended, to read:
   26         154.02 County Health Department Trust Fund.—
   27         (3) Funds from the County Health Department Trust Fund may
   28  be expended by the Department of Health for the respective
   29  county health departments in accordance with budgets and plans
   30  agreed upon by the county authorities of each county and the
   31  Department of Health.
   32         (6)(5) At a minimum, the trust fund shall consist of:
   33         (b) An emergency reserve of $500,000, derived from an
   34  annual assessment on county health department funds based upon
   35  their proportionate share of state general revenue, maintained
   36  for county health departments to respond to public health
   37  emergencies such as epidemics and natural disasters. The
   38  emergency reserve shall be increased each July 1 by the increase
   39  in the Consumer Price Index that occurred during the previous 12
   40  months.
   41         Section 2. Section 216.2625, Florida Statutes, is repealed.
   42         Section 3. Subsection (1) of section 381.0202, Florida
   43  Statutes, is amendment to read:
   44         381.0202 Laboratory services.—
   45         (1) The department shall may establish and maintain, in
   46  suitable and convenient places in the state, laboratories for
   47  microbiological and chemical analyses and any other purposes it
   48  determines necessary for the protection of the public health.
   49         Section 4. Subsection (2) of section 381.0203, Florida
   50  Statutes, is amended to read:
   51         381.0203 Pharmacy services.—
   52         (2) The department shall may establish and maintain a
   53  pharmacy services program, including, but not limited to:
   54         (a) A central pharmacy to support pharmaceutical services
   55  provided by the county health departments, including
   56  pharmaceutical repackaging, dispensing, and the purchase and
   57  distribution of immunizations and other pharmaceuticals.
   58         (b) Regulation of drugs, cosmetics, and household products
   59  pursuant to chapter 499.
   60         (c) Consultation to county health departments as required
   61  by s. 154.04(1)(c).
   62         (d) A contraception distribution program which shall be
   63  implemented, to the extent resources permit, through the
   64  licensed pharmacies of county health departments. A woman who is
   65  eligible for participation in the contraceptive distribution
   66  program is deemed a patient of the county health department.
   67         1. To be eligible for participation in the program a woman
   68  must:
   69         a. Be a client of the department or the Department of
   70  Children and Family Services.
   71         b. Be of childbearing age with undesired fertility.
   72         c. Have an income between 150 and 200 percent of the
   73  federal poverty level.
   74         d. Have no Medicaid benefits or applicable health insurance
   75  benefits.
   76         e. Have had a medical examination by a licensed health care
   77  provider within the past 6 months.
   78         f. Have a valid prescription for contraceptives that are
   79  available through the contraceptive distribution program.
   80         g. Consent to the release of necessary medical information
   81  to the county health department.
   82         2. Fees charged for the contraceptives under the program
   83  must cover the cost of purchasing and providing contraceptives
   84  to women participating in the program.
   85         3. The department may adopt rules to administer this
   86  program.
   87         Section 5. Section 382.003, Florida Statutes, is amended to
   88  read:
   89         382.003 Powers and duties of the department.—The department
   90  shall may:
   91         (1) Establish an Office of Vital Statistics under the
   92  direction of a State Registrar for the uniform and efficient
   93  registration, compilation, storage, and preservation of all
   94  vital records in the state.
   95         (2) Procure the complete registration of all vital records
   96  in each registration district and in the Office of Vital
   97  Statistics.
   98         (3) Uniformly enforce the law throughout the state.
   99         (4) Establish registration districts throughout the state,
  100  which districts may be consolidated or subdivided to facilitate
  101  registration.
  102         (5) Appoint a local registrar of vital statistics for each
  103  registration district in the state.
  104         (6) Investigate cases of irregularity or violation of law,
  105  and all local registrars of vital statistics shall aid the
  106  department in such investigations. When necessary, the
  107  department shall report cases of violations of any of the
  108  provisions of this chapter to the state attorney in the
  109  registration district in which the violation occurs.
  110         (7) Approve all forms used in registering, recording,
  111  certifying, and preserving vital records, or in otherwise
  112  carrying out the purposes of this chapter, and no other forms
  113  shall be used other than those approved by the department. The
  114  department is responsible for the careful examination of the
  115  certificates received monthly from the local registrars and
  116  marriage certificates and dissolution of marriage reports
  117  received from the circuit and county courts. A certificate that
  118  is complete and satisfactory shall be accepted and given a state
  119  file number and considered a state-filed record. If any such
  120  certificates are incomplete or unsatisfactory, the department
  121  shall require further information to be supplied as may be
  122  necessary to make the record complete and satisfactory. All
  123  physicians, midwives, informants, or funeral directors, and all
  124  other persons having knowledge of the facts, are required to
  125  supply, upon a form approved by the department or upon the
  126  original certificate, such information as they may possess
  127  regarding any vital record.
  128         (8) Prepare and publish an annual report of vital
  129  statistics and such other reports as may be required.
  130         (9) Appoint one or more suitable persons to act as
  131  subregistrars, who shall be authorized to receive death
  132  certificates and fetal death certificates and to issue burial
  133  permits in and for such portions of one or more districts as may
  134  be designated. A subregistrar may be removed from office by the
  135  department for neglect of or failure to perform his or her duty
  136  in accordance with this chapter.
  137         (10) Accept, use, and produce all records, reports, and
  138  documents necessary for carrying out the provisions of this
  139  chapter, in paper or electronic form, and adopt and enforce all
  140  rules necessary for the acceptance, use, production, issuance,
  141  recording, maintenance, and processing of such records, reports,
  142  and documents, and for carrying out the provisions of ss.
  143  382.004-382.0135 and ss. 382.016-382.019.
  144         (11) By rule require that forms, documents, and information
  145  submitted to the department in the creation or amendment of a
  146  vital record be under oath.
  147         Section 6. This act shall take effect July 1, 2009.