| 1 | A bill to be entitled |
| 2 | An act relating to cancer research and control; amending |
| 3 | s. 20.435, F.S.; changing the carryforward period of |
| 4 | certain funds of the Biomedical Research Trust Fund; |
| 5 | amending s. 215.5602, F.S.; modifying the terms and |
| 6 | membership and establishing a staggered membership for |
| 7 | appointed members of the Biomedical Research Advisory |
| 8 | Council; authorizing the council to recommend a portion of |
| 9 | the allocation for the James and Esther King Biomedical |
| 10 | Research Program for specified purposes and to develop a |
| 11 | grant application and review mechanism; prohibiting any |
| 12 | member of the council from participating in council or |
| 13 | peer-review panel discussions or decisions regarding |
| 14 | certain proposals; authorizing the Department of Health to |
| 15 | accept and use gifts for awards under the program; |
| 16 | amending s. 381.922, F.S.; revising the purpose of the |
| 17 | William G. "Bill" Bankhead, Jr., and David Coley Cancer |
| 18 | Research Program; revising the types of applications |
| 19 | considered for funding; authorizing the Biomedical |
| 20 | Research Advisory Council to recommend a portion of the |
| 21 | allocation for the program for specified purposes and to |
| 22 | develop a grant application and review mechanism; |
| 23 | prohibiting any member of the council from participating |
| 24 | in council or panel discussions or decisions regarding |
| 25 | certain proposals; requiring the department to submit to |
| 26 | the Governor and Legislature a report by a specified date; |
| 27 | authorizing the Department of Health to accept and use |
| 28 | gifts for awards under the program; creating s. 381.923, |
| 29 | F.S.; creating the Florida Comprehensive Cancer Control |
| 30 | Act; providing legislative intent; providing definitions; |
| 31 | creating the Florida Cancer Control and Resource Advisory |
| 32 | Council; providing membership of the council; providing |
| 33 | the composition of the executive committee of the council; |
| 34 | providing for terms of the council and meetings; providing |
| 35 | for reimbursement for per diem and travel expenses; |
| 36 | prohibiting a member of the council from participating in |
| 37 | any discussion or decision to recommend any type of award |
| 38 | or contract to any qualified nonprofit association or to |
| 39 | any agency of this state or a political subdivision of the |
| 40 | state with which the member is associated as an employee |
| 41 | or as a member of the governing body or with which the |
| 42 | member has entered into a contractual arrangement; |
| 43 | providing the duties and responsibilities of the council; |
| 44 | requiring the council to report findings and |
| 45 | recommendations to the Governor, the Legislature, and the |
| 46 | State Surgeon General; requiring the council to develop or |
| 47 | purchase written summaries regarding medically viable |
| 48 | treatment alternatives for the management of breast cancer |
| 49 | and prostate cancer; providing requirements for the |
| 50 | written summaries; requiring the council to develop and |
| 51 | implement education programs regarding early detection and |
| 52 | treatment of breast cancer and prostate cancer; requiring |
| 53 | that the H. Lee Moffitt Cancer Center and Research |
| 54 | Institute, Inc., provide an executive director for the |
| 55 | council; authorizing the Department of Health to adopt |
| 56 | rules to administer s. 381.923, F.S.; requiring the |
| 57 | department to produce the Florida Cancer Plan in |
| 58 | consultation with the council; creating the Cancer Control |
| 59 | Collaborative Program within the Department of Health; |
| 60 | providing the responsibility and mission of the program; |
| 61 | requiring the department to appoint a director; providing |
| 62 | duties for each regional cancer control collaborative; |
| 63 | requiring the collaborative program to submit to the |
| 64 | council an annual report by a specified date; requiring |
| 65 | the program to serve as the infrastructure for expansion |
| 66 | or adaption as federal programs or other opportunities |
| 67 | arise for future cancer control initiatives; amending ss. |
| 68 | 458.324 and 459.0125, F.S.; conforming cross-references; |
| 69 | repealing s. 1004.435, F.S., relating to cancer control |
| 70 | and research; providing an effective date. |
| 71 |
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| 72 | Be It Enacted by the Legislature of the State of Florida: |
| 73 |
|
| 74 | Section 1. Paragraph (c) of subsection (8) of section |
| 75 | 20.435, Florida Statutes, is amended to read: |
| 76 | 20.435 Department of Health; trust funds.-The following |
| 77 | trust funds shall be administered by the Department of Health: |
| 78 | (8) Biomedical Research Trust Fund. |
| 79 | (c) Notwithstanding s. 216.301 and pursuant to s. 216.351, |
| 80 | any balance of any appropriation from the Biomedical Research |
| 81 | Trust Fund which is not disbursed but which is obligated |
| 82 | pursuant to contract or committed to be expended may be carried |
| 83 | forward for up to 5 3 years after following the effective date |
| 84 | of the original appropriation. |
| 85 | Section 2. Subsections (2), (3), (5), and (7) of section |
| 86 | 215.5602, Florida Statutes, are amended, and subsection (13) is |
| 87 | added to that section, to read: |
| 88 | 215.5602 James and Esther King Biomedical Research |
| 89 | Program.- |
| 90 | (2) Funds appropriated for the James and Esther King |
| 91 | Biomedical Research Program shall be used exclusively for the |
| 92 | award of grants and fellowships as established in this section; |
| 93 | for research relating to the prevention, diagnosis, treatment, |
| 94 | and cure of diseases related to tobacco use, including cancer, |
| 95 | cardiovascular disease, stroke, and pulmonary disease; and for |
| 96 | expenses incurred in the administration of this section; and as |
| 97 | provided in subsection (5). Priority shall be granted to |
| 98 | research designed to prevent or cure disease. |
| 99 | (3) There is created within the Department of Health the |
| 100 | Biomedical Research Advisory Council. |
| 101 | (a) The council shall consist of 12 11 members, including: |
| 102 | the chief executive officer of the Florida Division of the |
| 103 | American Cancer Society, or a designee; the chief executive |
| 104 | officer of the Greater Southeast Florida/Puerto Rico Affiliate |
| 105 | of the American Heart Association, or a designee; and the chief |
| 106 | executive officer of the American Lung Association of Florida, |
| 107 | or a designee; and the chief executive officer of BioFlorida, or |
| 108 | a designee. The remaining 8 members of the council shall be |
| 109 | appointed as follows: |
| 110 | 1. The Governor shall appoint four members, two members |
| 111 | with expertise in the field of biomedical research, one member |
| 112 | from a research university in the state, and one member |
| 113 | representing the general population of the state. |
| 114 | 2. The President of the Senate shall appoint two members, |
| 115 | one member with expertise in the field of behavioral or social |
| 116 | research and one representative from a cancer program approved |
| 117 | by the American College of Surgeons. |
| 118 | 3. The Speaker of the House of Representatives shall |
| 119 | appoint two members, one member from a professional medical |
| 120 | organization and one representative from a cancer program |
| 121 | approved by the American College of Surgeons. |
| 122 |
|
| 123 | In making these appointments, the Governor, the President of the |
| 124 | Senate, and the Speaker of the House of Representatives shall |
| 125 | select primarily, but not exclusively, Floridians with |
| 126 | biomedical and lay expertise in the general areas of cancer, |
| 127 | cardiovascular disease, stroke, and pulmonary disease. The |
| 128 | appointments shall be for 4-year staggered terms a 3-year term |
| 129 | and shall reflect the diversity of the state's population. An |
| 130 | appointed member may not serve more than two consecutive terms. |
| 131 | The first two appointments by the Governor and the first |
| 132 | appointment by the President of the Senate and the Speaker of |
| 133 | the House of Representatives on or after July 1, 2011, shall be |
| 134 | for a term of 2 years each. |
| 135 | (b) The council shall adopt internal organizational |
| 136 | procedures as necessary for its efficient organization. |
| 137 | (c) The department shall provide such staff, information, |
| 138 | and other assistance as is reasonably necessary to assist the |
| 139 | council in carrying out its responsibilities. |
| 140 | (d) Members of the council shall serve without |
| 141 | compensation, but may receive reimbursement as provided in s. |
| 142 | 112.061 for travel and other necessary expenses incurred in the |
| 143 | performance of their official duties. |
| 144 | (5)(a) Applications for biomedical research funding under |
| 145 | the program may be submitted from any university or established |
| 146 | research institute in the state. All qualified investigators in |
| 147 | the state, regardless of institution affiliation, shall have |
| 148 | equal access and opportunity to compete for the research |
| 149 | funding. |
| 150 | (b) Grants and fellowships shall be awarded by the State |
| 151 | Surgeon General, after consultation with the council, on the |
| 152 | basis of scientific merit, as determined by an open competitive |
| 153 | peer review process that ensures objectivity, consistency, and |
| 154 | high quality. The following types of applications shall be |
| 155 | considered for funding: |
| 156 | 1. Investigator-initiated research grants. |
| 157 | 2. Institutional research and training grants. |
| 158 | 3. Predoctoral and postdoctoral research fellowships. |
| 159 | (c) For any given year, the council may also recommend up |
| 160 | to one-third of the allocation for the program for the |
| 161 | recruitment of cancer, heart, or lung disease researchers and |
| 162 | research teams to institutions in the state; for operational |
| 163 | start-up grants for newly recruited cancer, heart, or lung |
| 164 | disease research teams; and for equipment expenditures related |
| 165 | to the expansion of cancer, heart, or lung disease research and |
| 166 | treatment capacity in the state. For the purposes of |
| 167 | implementing this paragraph, the council may develop a grant |
| 168 | application and review mechanism other than the process for |
| 169 | reviewing research proposals prescribed in subsection (6); |
| 170 | however, such mechanism must ensure a fair and rigorous analysis |
| 171 | of the merit of any proposals considered under this paragraph. |
| 172 | (7) The council and the peer review panel shall establish |
| 173 | and follow rigorous guidelines for ethical conduct and adhere to |
| 174 | a strict policy with regard to conflict of interest. A member of |
| 175 | the council or panel may not participate in any council or panel |
| 176 | discussion or decision with respect to a research proposal, or |
| 177 | any proposal related to those projects contemplated in paragraph |
| 178 | (5)(c), by any firm, entity, or agency with which the member is |
| 179 | associated as a member of the governing body or as an employee, |
| 180 | or with which the member has entered into a contractual |
| 181 | arrangement. Meetings of the council and the peer review panels |
| 182 | shall be subject to the provisions of chapter 119, s. 286.011, |
| 183 | and s. 24, Art. I of the State Constitution. |
| 184 | (13) The Department of Health may accept gifts made |
| 185 | unconditionally by will or otherwise, deposit them into the |
| 186 | Biomedical Research Trust Fund, and use them for grant or |
| 187 | fellowship awards in the program. Any gift made under conditions |
| 188 | that, in the judgment of the department, upon consultation with |
| 189 | the council, are proper and consistent with this section, the |
| 190 | laws of the United States, and state law, may be accepted and |
| 191 | shall be held, invested, reinvested, and used in accordance with |
| 192 | the conditions of the gift. |
| 193 | Section 3. Section 381.922, Florida Statutes, is amended |
| 194 | to read: |
| 195 | 381.922 William G. "Bill" Bankhead, Jr., and David Coley |
| 196 | Cancer Research Program.- |
| 197 | (1) The William G. "Bill" Bankhead, Jr., and David Coley |
| 198 | Cancer Research Program, which may be otherwise cited as the |
| 199 | "Bankhead-Coley Program," is created within the Department of |
| 200 | Health. The purpose of the program shall be to advance progress |
| 201 | towards cures for cancer using through grants awarded through a |
| 202 | peer-reviewed, competitive process and to expand cancer research |
| 203 | and treatment capacity in this state. |
| 204 | (2) The program shall provide grants for cancer research, |
| 205 | including cancer clinical trials projects as provided in this |
| 206 | section, to further the search for cures for cancer; for |
| 207 | recruiting cancer researchers and research teams to institutions |
| 208 | in the state; for operational start-up grants for newly |
| 209 | recruited cancer researchers and research teams; or for |
| 210 | equipment expenditures related to the expansion of cancer |
| 211 | research and treatment capacity in the state. |
| 212 | (a) Emphasis shall be given to the following goals, as |
| 213 | those goals support the advancement of such cures: |
| 214 | 1. Efforts to significantly expand cancer research |
| 215 | capacity in the state by: |
| 216 | a. Identifying ways to attract new research talent and |
| 217 | attendant national grant-producing researchers to cancer |
| 218 | research facilities in this state; |
| 219 | b. Implementing a peer-reviewed, competitive process to |
| 220 | identify and fund the best proposals to expand cancer research |
| 221 | institutes in this state; |
| 222 | c. Funding through available resources for those proposals |
| 223 | that demonstrate the greatest opportunity to attract federal |
| 224 | research grants and private financial support; |
| 225 | d. Encouraging the employment of bioinformatics in order |
| 226 | to create a cancer informatics infrastructure that enhances |
| 227 | information and resource exchange and integration through |
| 228 | researchers working in diverse disciplines, to facilitate the |
| 229 | full spectrum of cancer investigations; |
| 230 | e. Facilitating the technical coordination, business |
| 231 | development, and support of intellectual property as it relates |
| 232 | to the advancement of cancer research; and |
| 233 | f. Aiding in other multidisciplinary research-support |
| 234 | activities as they inure to the advancement of cancer research. |
| 235 | 2. Efforts to improve both research and treatment through |
| 236 | greater participation in clinical trials networks by: |
| 237 | a. Identifying ways to increase adult enrollment in cancer |
| 238 | clinical trials; |
| 239 | b. Supporting public and private professional education |
| 240 | programs designed to increase the awareness and knowledge about |
| 241 | cancer clinical trials; |
| 242 | c. Providing tools to cancer patients and community-based |
| 243 | oncologists to aid in the identification of cancer clinical |
| 244 | trials available in the state; and |
| 245 | d. Creating opportunities for the state's academic cancer |
| 246 | centers to collaborate with community-based oncologists in |
| 247 | cancer clinical trials networks. |
| 248 | 3. Efforts to reduce the impact of cancer on disparate |
| 249 | groups by: |
| 250 | a. Identifying those cancers that disproportionately |
| 251 | impact certain demographic groups; and |
| 252 | b. Building collaborations designed to reduce health |
| 253 | disparities as they relate to cancer. |
| 254 | (b) Preference may be given to grant proposals that foster |
| 255 | collaborations among institutions, researchers, and community |
| 256 | practitioners, as such proposals support the advancement of |
| 257 | cures through basic or applied research, including clinical |
| 258 | trials involving cancer patients and related networks and the |
| 259 | transfer of knowledge gained from research into the practice of |
| 260 | community practitioners. |
| 261 | (3)(a) Applications for funding for cancer research may be |
| 262 | submitted by any university or established research institute in |
| 263 | the state. All qualified investigators in the state, regardless |
| 264 | of institutional affiliation, shall have equal access and |
| 265 | opportunity to compete for the research funding. Collaborative |
| 266 | proposals, including those that advance the program's goals |
| 267 | enumerated in subsection (2), may be given preference. Grants |
| 268 | shall be awarded by the State Surgeon General, after |
| 269 | consultation with the Biomedical Research Advisory Council |
| 270 | established under s. 215.5602, on the basis of scientific merit, |
| 271 | as determined by an open, competitive peer review process that |
| 272 | ensures objectivity, consistency, and high quality. The |
| 273 | following types of applications shall be considered for funding: |
| 274 | 1. Investigator-initiated research grants. |
| 275 | 2. Institutional research and training grants. |
| 276 | 3. Predoctoral and postdoctoral research fellowships. |
| 277 | 4.3. Collaborative research grants, including those that |
| 278 | advance the finding of cures through basic or applied research. |
| 279 | 5. Clinical trial project grants, particularly those |
| 280 | projects such as matching services that identify prospective |
| 281 | clinical trials treatment options for cancer patients in this |
| 282 | state or those projects that otherwise foster greater rates of |
| 283 | participation in trials. At least one such grant shall be |
| 284 | awarded in any given year if a meritorious proposal or proposals |
| 285 | are received. Such project grant proposals are not required to |
| 286 | be posed as a research question in order to qualify for an |
| 287 | award. |
| 288 | (b) For any given year, the council may recommend up to |
| 289 | one-third of the allocation for grants by the program for the |
| 290 | recruitment of cancer researchers and research teams to |
| 291 | institutions in the state, for operational start-up grants for |
| 292 | newly recruited cancer researchers and research teams, or for |
| 293 | equipment expenditures related to the expansion of cancer |
| 294 | research and treatment capacity in the state. For the purposes |
| 295 | of implementing this paragraph, the council may develop a grant |
| 296 | application and review mechanism other than the process for |
| 297 | reviewing research proposals prescribed in paragraph (c); |
| 298 | however, such mechanism shall ensure a fair and rigorous |
| 299 | analysis of the merit of any proposals considered under this |
| 300 | paragraph. |
| 301 | (c)(b) In order to ensure that all proposals for research |
| 302 | funding are appropriate and are evaluated fairly on the basis of |
| 303 | scientific merit, the State Surgeon General, in consultation |
| 304 | with the council, shall appoint a peer review panel of |
| 305 | independent, scientifically qualified individuals to review the |
| 306 | scientific content of each proposal and establish its priority |
| 307 | score. The priority scores shall be forwarded to the council and |
| 308 | must be considered in determining which proposals shall be |
| 309 | recommended for funding. |
| 310 | (d)(c) The council and the peer review panel shall |
| 311 | establish and follow rigorous guidelines for ethical conduct and |
| 312 | adhere to a strict policy with regard to conflicts of interest. |
| 313 | A member of the council or panel may not participate in any |
| 314 | council or panel discussion or decision with respect to a |
| 315 | research proposal, or any proposal related to those projects |
| 316 | contemplated in paragraph (b), by any firm, entity, or agency |
| 317 | with which the member is associated as a member of the governing |
| 318 | body or as an employee or with which the member has entered into |
| 319 | a contractual arrangement. Meetings of the council and the peer |
| 320 | review panels are subject to chapter 119, s. 286.011, and s. 24, |
| 321 | Art. I of the State Constitution. |
| 322 | (4) By February 1 December 15 of each year, the council |
| 323 | Department of Health shall submit to the Governor, the President |
| 324 | of the Senate, and the Speaker of the House of Representatives a |
| 325 | report indicating progress towards the program's mission and |
| 326 | making recommendations that further its purpose. |
| 327 | (5) The William G. "Bill" Bankhead, Jr., and David Coley |
| 328 | Cancer Research program is funded pursuant to s. 215.5602(12). |
| 329 | Funds appropriated for the William G. "Bill" Bankhead, Jr., and |
| 330 | David Coley Cancer Research program shall be distributed |
| 331 | pursuant to this section to provide grants to researchers |
| 332 | seeking cures for cancer and cancer-related illnesses, with |
| 333 | emphasis given to the goals enumerated in this section. From the |
| 334 | total funds appropriated, an amount of up to 10 percent may be |
| 335 | used for administrative expenses. From funds appropriated to |
| 336 | accomplish the goals of this section, up to $250,000 shall be |
| 337 | available for the operating costs of the Florida Center for |
| 338 | Universal Research to Eradicate Disease. |
| 339 | (6) The Department of Health may accept gifts made |
| 340 | unconditionally by will or otherwise, deposit them into the |
| 341 | Biomedical Research Trust Fund, and use them for grant or |
| 342 | fellowship awards in the program. Any gift made under conditions |
| 343 | that, in the judgment of the department, upon consultation with |
| 344 | the council, are proper and consistent with this section, the |
| 345 | laws of the United States, and state law, may be accepted and |
| 346 | shall be held, invested, reinvested, and used in accordance with |
| 347 | the conditions of the gift. |
| 348 | Section 4. Section 381.923, Florida Statutes, is created |
| 349 | to read: |
| 350 | 381.923 Comprehensive Cancer Control.- |
| 351 | (1) SHORT TITLE.-This section may be cited as the "Florida |
| 352 | Comprehensive Cancer Control Act." |
| 353 | (2) LEGISLATIVE INTENT.-It is the finding of the |
| 354 | Legislature that: |
| 355 | (a) Advances in scientific knowledge have led to |
| 356 | prevention, early detection, and therapeutic capabilities in the |
| 357 | control of cancer. Such knowledge, screening technologies, and |
| 358 | therapies must be made available to all residents of this state. |
| 359 | (b) Research shows that certain lifestyles and exposures, |
| 360 | such as tobacco use, exposure to ultraviolet radiation from the |
| 361 | sun, and exposure to occupational and environmental carcinogens, |
| 362 | contribute to the risk for many types of cancer and that certain |
| 363 | screening tests are effective in diagnosing cancer early when it |
| 364 | is more treatable. The role of diet, exercise, and other healthy |
| 365 | lifestyles are also important in cancer prevention and control. |
| 366 | Proven causes of cancer and methods for early detection should |
| 367 | be publicized and be the subject of linguistically and |
| 368 | culturally appropriate educational and awareness programs for |
| 369 | the prevention of cancer. |
| 370 | (c) An effective cancer control program would mobilize the |
| 371 | scientific, educational, and medical resources that presently |
| 372 | exist into an intense attack against this dreaded disease, with |
| 373 | the primary goal to reduce the cancer burden for the residents |
| 374 | of this state. |
| 375 | (3) DEFINITIONS.-As used in this section, the term: |
| 376 | (a) "Cancer" means all malignant neoplasms, regardless of |
| 377 | the tissue of origin, including lymphoma and leukemia. |
| 378 | (b) "Council" means the Florida Cancer Control and |
| 379 | Resource Advisory Council. |
| 380 | (c) "Department" means the Department of Health. |
| 381 | (d) "Plan" means the Florida Cancer Plan. |
| 382 | (e) "Program" means the Florida Cancer Control |
| 383 | Collaborative Program. |
| 384 | (f) "Qualified nonprofit association" means any |
| 385 | association, incorporated or unincorporated, which has received |
| 386 | tax-exempt status from the Internal Revenue Service. |
| 387 | (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL; |
| 388 | CREATION; COMPOSITION.- |
| 389 | (a) There is created within the H. Lee Moffitt Cancer |
| 390 | Center and Research Institute, Inc., the Florida Cancer Control |
| 391 | and Resource Advisory Council, which is an advisory body |
| 392 | appointed to function on a continuing basis to recommend |
| 393 | solutions and policy alternatives to the Governor, members of |
| 394 | the Legislature, the State Surgeon General, and other |
| 395 | policymakers. The council shall consist of cancer organizational |
| 396 | representation and cancer control stakeholders, with a |
| 397 | chairperson elected by the council membership for a term of 2 |
| 398 | years. Each council member must be a resident of this state. The |
| 399 | Governor shall appoint three members representing the general |
| 400 | public, with the initial appointments being for terms of 1 year, |
| 401 | 2 years, and 3 years, respectively, beginning July 1, 2012. |
| 402 | Thereafter, gubernatorial appointments to the council shall be |
| 403 | for terms of 3 years. The President of the Senate and the |
| 404 | Speaker of the House of Representatives shall each appoint one |
| 405 | member from his or her legislative body to serve on the council |
| 406 | at any given time. Each of the following organizations shall |
| 407 | designate a representative to serve on the council: |
| 408 | 1. H. Lee Moffitt Cancer Center and Research Institute, |
| 409 | Inc. |
| 410 | 2. University of Florida Shands Cancer Center. |
| 411 | 3. University of Miami Sylvester Comprehensive Cancer |
| 412 | Center. |
| 413 | 4. Mayo Clinic, Florida. |
| 414 | 5. M.D. Anderson Cancer Center, Florida. |
| 415 | 6. American Cancer Society, Florida Division. |
| 416 | 7. American Lung Association of the Southeast. |
| 417 | 8. American Association for Retired Persons. |
| 418 | 9. Department of Health. |
| 419 | 10. Department of Education. |
| 420 | 11. Florida Tumor Registrars Association. |
| 421 | 12. Florida Cancer Data System. |
| 422 | 13. Florida Society of Oncology Social Workers. |
| 423 | 14. Florida Oncology Nurses Society. |
| 424 | 15. Florida Society of Clinical Oncology. |
| 425 | 16. Florida Association of Pediatric Tumor Programs, Inc. |
| 426 | 17. Florida Medical Association. |
| 427 | 18. Florida Hospital Association. |
| 428 | 19. Florida Nursing Association. |
| 429 | 20. Florida Dental Association. |
| 430 | 21. Florida Osteopathic Association. |
| 431 | 22. University of Florida College of Medicine. |
| 432 | 23. Florida Academy of Family Physicians. |
| 433 | 24. University of Miami College of Medicine. |
| 434 | 25. University of South Florida College of Medicine. |
| 435 | 26. Florida State University College of Medicine. |
| 436 | 27. University of Central Florida College of Medicine. |
| 437 | 28. Nova Southeastern College of Osteopathic Medicine. |
| 438 | 29. Florida International University College of Medicine. |
| 439 | 30. Lake Erie School of Osteopathic Medicine. |
| 440 | 31. Biomedical Research Advisory Council. |
| 441 | 32. Center for Universal Research to Eradicate Disease. |
| 442 | 33. A representative from each of the regional cancer |
| 443 | control collaboratives. |
| 444 | (b) An executive committee, which shall be responsible for |
| 445 | coordinating the activities and planning the direction of the |
| 446 | full council, shall be comprised of the council's elected |
| 447 | chairperson, one at-large member elected by the full council, |
| 448 | and the members representing the Department of Health, the |
| 449 | American Cancer Society, the H. Lee Moffitt Cancer Center and |
| 450 | Research Institute, Inc., the University of Florida Shands |
| 451 | Cancer Center, and the University of Miami Sylvester |
| 452 | Comprehensive Cancer Center, as well as the appointee of the |
| 453 | President of the Senate, the appointee of the Speaker of the |
| 454 | House of Representatives, and one of the gubernatorial |
| 455 | appointees, who shall be designated by the council's |
| 456 | chairperson. If the council chairperson is a designee of one of |
| 457 | the entities named in this paragraph, the full council shall |
| 458 | elect a second at-large position to serve on the executive |
| 459 | committee. The elected positions on the executive committee |
| 460 | shall be for terms of 2 years. |
| 461 | (c) The council shall meet at least semiannually. A |
| 462 | majority of members shall constitute a quorum for the purpose of |
| 463 | exercising all of the powers of the council. |
| 464 | (d) The council members shall serve without compensation, |
| 465 | but are entitled to reimbursement for per diem and travel |
| 466 | expenses as provided in s. 112.061. |
| 467 | (e) A member of the council may not participate in any |
| 468 | council discussion or decision to recommend any type of award or |
| 469 | contract to any qualified nonprofit association or to any agency |
| 470 | of this state or a political subdivision of the state with which |
| 471 | the member is associated as an employee or as a member of the |
| 472 | governing body or with which the member has entered into a |
| 473 | contractual arrangement. |
| 474 | (f) The council may prescribe, amend, and repeal bylaws |
| 475 | governing the manner in which the business of the council is |
| 476 | conducted. |
| 477 | (g) The council shall advise the Governor, the |
| 478 | Legislature, the State Surgeon General, and other state |
| 479 | policymakers with respect to cancer control and resources in |
| 480 | this state. |
| 481 | (h) The council shall approve a plan for cancer control, |
| 482 | to be known as the "Florida Cancer Control Plan," which shall be |
| 483 | consistent to the extent possible with other cancer or health- |
| 484 | related state plans and integrated and coordinated with existing |
| 485 | programs in this state. The council shall review and approve the |
| 486 | plan at least every 2 years. |
| 487 | (i) The council shall formulate and recommend to the |
| 488 | Governor, the Legislature, the State Surgeon General, and other |
| 489 | state policymakers a plan for the prevention and early detection |
| 490 | of cancer which is evidence-based and consistent with standards |
| 491 | of practice and supported by evidence-based medicine. The State |
| 492 | Surgeon General and other state policymakers shall consider the |
| 493 | plan in developing departmental priorities and funding |
| 494 | priorities and standards under chapter 385. |
| 495 | (j) The council shall provide expertise, input, and |
| 496 | recommendations regarding the content and development of the |
| 497 | Florida Cancer Plan and the coordination and integration of |
| 498 | other state plans concerning cancer control. |
| 499 | (k) The council may establish committees to develop |
| 500 | strategies for taking action regarding: |
| 501 | 1. Cancer plan evaluation, including the creation of a |
| 502 | tumor registry, data retrieval systems, and the epidemiology of |
| 503 | cancer in the state. |
| 504 | 2. Cancer prevention. |
| 505 | 3. Cancer detection. |
| 506 | 4. Cancer treatments. |
| 507 | 5. Support services for cancer patients and caregivers. |
| 508 | 6. Cancer education for laypersons and professionals. |
| 509 | 7. Other cancer-control-related topics. |
| 510 | (l) The council shall advise the State Surgeon General on |
| 511 | methods of enforcing and implementing laws already enacted that |
| 512 | relate to cancer control. |
| 513 | (m) The council may recommend to the State Surgeon General |
| 514 | rules consistent with law as it may deem necessary for the |
| 515 | performance of its duties and the proper administration of this |
| 516 | section. |
| 517 | (n) The council shall be physically located at the H. Lee |
| 518 | Moffitt Cancer Center and Research Institute, Inc. |
| 519 | (o) By December 1 of each year, the council shall report |
| 520 | its findings and recommendations to the Governor, the President |
| 521 | of the Senate, the Speaker of the House of Representatives, and |
| 522 | the State Surgeon General. |
| 523 | (p) Subject to specific appropriations by the Legislature, |
| 524 | the council shall develop or purchase standardized written |
| 525 | summaries, written in language easily understood by the average |
| 526 | adult, to inform persons who have or who are at high risk of |
| 527 | being diagnosed with breast cancer or who have prostate cancer |
| 528 | or are considering prostate cancer screening of the medically |
| 529 | viable treatment alternatives available to effectively manage |
| 530 | breast cancer or prostate cancer; describe treatment options; |
| 531 | and explain the advantages, disadvantages, and risks associated |
| 532 | with each treatment option. The summaries shall be printed in |
| 533 | the form of a pamphlet or booklet and made continuously |
| 534 | available to physicians and surgeons in the state for their use |
| 535 | in accordance with s. 458.324 and to osteopathic physicians in |
| 536 | this state for their use in accordance with s. 459.0125. The |
| 537 | council shall periodically update both summaries to reflect |
| 538 | current standards of medical practice in the treatment of breast |
| 539 | cancer and prostate cancer. |
| 540 | (q) Subject to specific appropriations by the Legislature, |
| 541 | the council shall develop and implement educational programs, |
| 542 | including distribution of the summaries developed or purchased |
| 543 | under paragraph (p), to inform citizen groups, associations, and |
| 544 | voluntary organizations about early detection and treatment of |
| 545 | breast cancer and prostate cancer. |
| 546 | (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER |
| 547 | AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.- |
| 548 | (a) The H. Lee Moffitt Cancer Center and Research |
| 549 | Institute, Inc., shall provide a full-time executive director to |
| 550 | coordinate, facilitate, and communicate the mission and |
| 551 | responsibilities of the council. Additional administrative |
| 552 | support, information, and other assistance shall also be |
| 553 | provided as reasonably necessary for the completion of the |
| 554 | responsibilities of the council. |
| 555 | (b) The Department of Health, after consultation with the |
| 556 | council, may adopt rules necessary to administer this section. |
| 557 | (c) The Florida Cancer Plan is established within the |
| 558 | Department of Health. The department shall consult with the |
| 559 | council in developing the plan, prioritizing goals, and |
| 560 | allocating resources. |
| 561 | (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; |
| 562 | CREATION; COMPOSITION.- |
| 563 | (a) The Cancer Control Collaborative Program is |
| 564 | established within the Department of Health and resides within |
| 565 | the William G. "Bill" Bankhead, Jr., and David Coley Cancer |
| 566 | Research Program. The program is responsible for overseeing and |
| 567 | providing infrastructure for the state cancer collaborative |
| 568 | network. The primary mission of the program is to implement the |
| 569 | plan's initiatives and identify and facilitate the local |
| 570 | development of solutions to cancer control needs of the |
| 571 | populations served by the regional cancer control |
| 572 | collaboratives. The program shall prioritize programs and |
| 573 | resources to reduce the burden of cancer in this state, |
| 574 | consistent with the plan. |
| 575 | (b) The department shall appoint a director, who is |
| 576 | responsible for supervising the program, and provide, at a |
| 577 | minimum, centralized organization, communications, information |
| 578 | technology, shared resources, and cancer control expertise to |
| 579 | the regional cancer control collaboratives. |
| 580 | (c) Each regional cancer control collaborative shall bring |
| 581 | together local cancer stakeholders, develop bylaws, identify and |
| 582 | prioritize cancer control needs of its region, and develop |
| 583 | solutions to solve problems, consistent with the plan and the |
| 584 | goal of reducing the burden of cancer in this state. Each |
| 585 | collaborative shall meet at least semiannually and send |
| 586 | representation to the council meetings. |
| 587 | (d) By October 15 of each year, the program shall submit |
| 588 | an annual report to the council. The council shall have input |
| 589 | into the prioritization of programs and proposed allocation of |
| 590 | resources in the program consistent with the plan. |
| 591 | (e) The program shall serve as the infrastructure for |
| 592 | expansion or adaptation as federal programs or other |
| 593 | opportunities arise for future cancer control initiatives. The |
| 594 | development of the infrastructure for local cancer control |
| 595 | collaboratives, to the extent possible, shall be designed to |
| 596 | leverage opportunities for funding from the United States |
| 597 | Centers for Disease Control and Prevention or other federal |
| 598 | sources. |
| 599 | Section 5. Subsection (1) and paragraph (a) of subsection |
| 600 | (2) of section 458.324, Florida Statutes, are amended to read: |
| 601 | 458.324 Breast cancer; information on treatment |
| 602 | alternatives.- |
| 603 | (1) DEFINITION.-As used in this section, the term |
| 604 | "medically viable," as applied to treatment alternatives, means |
| 605 | modes of treatment generally considered by the medical |
| 606 | profession to be within the scope of current, acceptable |
| 607 | standards, including treatment alternatives described in the |
| 608 | written summary prepared by the Florida Cancer Control and |
| 609 | Resource Research Advisory Council in accordance with s. |
| 610 | 381.923(4)(o) 1004.435(4)(m). |
| 611 | (2) COMMUNICATION OF TREATMENT ALTERNATIVES.-Each |
| 612 | physician treating a patient who is, or in the judgment of the |
| 613 | physician is at high risk of being, diagnosed as having breast |
| 614 | cancer shall inform such patient of the medically viable |
| 615 | treatment alternatives available to such patient; shall describe |
| 616 | such treatment alternatives; and shall explain the relative |
| 617 | advantages, disadvantages, and risks associated with the |
| 618 | treatment alternatives to the extent deemed necessary to allow |
| 619 | the patient to make a prudent decision regarding such treatment |
| 620 | options. In compliance with this subsection: |
| 621 | (a) The physician may, in his or her discretion: |
| 622 | 1. Orally communicate such information directly to the |
| 623 | patient or the patient's legal representative; |
| 624 | 2. Provide the patient or the patient's legal |
| 625 | representative with a copy of the written summary prepared in |
| 626 | accordance with s. 381.923(4)(o) 1004.435(4)(m) and express a |
| 627 | willingness to discuss the summary with the patient or the |
| 628 | patient's legal representative; or |
| 629 | 3. Both communicate such information directly and provide |
| 630 | a copy of the written summary to the patient or the patient's |
| 631 | legal representative for further consideration and possible |
| 632 | later discussion. |
| 633 |
|
| 634 | Nothing in this subsection shall reduce other provisions of law |
| 635 | regarding informed consent. |
| 636 | Section 6. Subsection (1) and paragraph (a) of subsection |
| 637 | (2) of section 459.0125, Florida Statutes, are amended to read: |
| 638 | 459.0125 Breast cancer; information on treatment |
| 639 | alternatives.- |
| 640 | (1) DEFINITION.-As used in this section, the term |
| 641 | "medically viable," as applied to treatment alternatives, means |
| 642 | modes of treatment generally considered by the medical |
| 643 | profession to be within the scope of current, acceptable |
| 644 | standards, including treatment alternatives described in the |
| 645 | written summary prepared by the Florida Cancer Control and |
| 646 | Resource Research Advisory Council in accordance with s. |
| 647 | 381.923(4)(o) 1004.435(4)(m). |
| 648 | (2) COMMUNICATION OF TREATMENT ALTERNATIVES.-It is the |
| 649 | obligation of every physician treating a patient who is, or in |
| 650 | the judgment of the physician is at high risk of being, |
| 651 | diagnosed as having breast cancer to inform such patient of the |
| 652 | medically viable treatment alternatives available to such |
| 653 | patient; to describe such treatment alternatives; and to explain |
| 654 | the relative advantages, disadvantages, and risks associated |
| 655 | with the treatment alternatives to the extent deemed necessary |
| 656 | to allow the patient to make a prudent decision regarding such |
| 657 | treatment options. In compliance with this subsection: |
| 658 | (a) The physician may, in her or his discretion: |
| 659 | 1. Orally communicate such information directly to the |
| 660 | patient or the patient's legal representative; |
| 661 | 2. Provide the patient or the patient's legal |
| 662 | representative with a copy of the written summary prepared in |
| 663 | accordance with s. 381.923(4)(o) 1004.435(4)(m) and express her |
| 664 | or his willingness to discuss the summary with the patient or |
| 665 | the patient's legal representative; or |
| 666 | 3. Both communicate such information directly and provide |
| 667 | a copy of the written summary to the patient or the patient's |
| 668 | legal representative for further consideration and possible |
| 669 | later discussion. |
| 670 |
|
| 671 | Nothing in this subsection shall reduce other provisions of law |
| 672 | regarding informed consent. |
| 673 | Section 7. Section 1004.435, Florida Statutes, is |
| 674 | repealed. |
| 675 | Section 8. This act shall take effect July 1, 2011. |