Florida Senate - 2024                                    SB 1582
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00964C-24                                          20241582__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Health; amending
    3         s. 381.0101, F.S.; defining the term “environmental
    4         health technician”; exempting environmental health
    5         technicians from certain certification requirements
    6         under certain circumstances; requiring the department,
    7         in conjunction with the Department of Environmental
    8         Protection, to adopt rules that establish certain
    9         standards for environmental health technician
   10         certification; requiring the Department of Health to
   11         adopt by rule certain standards for environmental
   12         health technician certification; revising provisions
   13         related to exemptions and fees to conform to changes
   14         made by the act; creating s. 381.991, F.S.; creating
   15         the Andrew John Anderson Rare Pediatric Disease Grant
   16         Program within the department for a specified purpose;
   17         subject to an appropriation by the Legislature,
   18         requiring the program to award grants for certain
   19         scientific and clinical research; specifying entities
   20         eligible to apply for the grants; specifying the types
   21         of applications that may be considered for grant
   22         funding; providing for a competitive, peer-reviewed
   23         application and selection process; providing that the
   24         remaining balance of appropriations for the program as
   25         of a specified date may be carried forward for a
   26         specified timeframe under certain circumstances;
   27         amending s. 383.14, F.S.; providing that any health
   28         care practitioner present at a birth or responsible
   29         for primary care during the neonatal period has the
   30         primary responsibility of administering certain
   31         screenings; defining the term “health care
   32         practitioner”; deleting identification and screening
   33         requirements for newborns and their families for
   34         certain environmental and health risk factors;
   35         deleting certain related duties of the department;
   36         revising the definition of the term “health care
   37         practitioner” to include licensed genetic counselors;
   38         requiring that blood specimens for screenings of
   39         newborns be collected before a specified age;
   40         requiring that newborns have a blood specimen
   41         collected for newborn screenings, rather than only a
   42         test for phenylketonuria, before a specified age;
   43         deleting certain rulemaking authority of the
   44         department; deleting a requirement that the department
   45         furnish certain forms to specified entities; deleting
   46         the requirement that such entities report the results
   47         of certain screenings to the department; making
   48         technical and conforming changes; deleting a
   49         requirement that the department submit certain
   50         certifications as part of its legislative budget
   51         request; requiring certain health care practitioners
   52         to prepare and send all newborn screening specimen
   53         cards to the State Public Health Laboratory; defining
   54         the term “health care practitioner”; amending s.
   55         383.145, F.S.; defining the term “toddler”; revising
   56         hearing loss screening requirements to include infants
   57         and toddlers; revising hearing loss screening
   58         requirements for licensed birth centers; revising the
   59         timeframe in which a newborn’s primary health care
   60         provider must refer a newborn for congenital
   61         cytomegalovirus screening after the newborn fails the
   62         hearing loss screening; requiring licensed birth
   63         centers to complete newborn hearing loss screenings
   64         before discharge, with an exception; amending s.
   65         383.147, F.S.; revising sickle cell disease and sickle
   66         cell trait screening requirements; requiring screening
   67         providers to notify a newborn’s parent or guardian,
   68         rather than the newborn’s primary care physician, of
   69         certain information; authorizing the parents or
   70         guardians of a newborn to opt out of the newborn’s
   71         inclusion in the sickle cell registry; specifying the
   72         manner in which a parent or guardian may opt out;
   73         authorizing certain persons other than newborns who
   74         have been identified as having sickle cell disease or
   75         carrying a sickle cell trait to choose to be included
   76         in the registry; creating s. 383.148, F.S.; requiring
   77         the department to promote the screening of pregnant
   78         women and infants for specified environmental risk
   79         factors; requiring the department to develop a
   80         multilevel screening process for prenatal and
   81         postnatal risk screenings; specifying requirements for
   82         such screening processes; providing construction;
   83         requiring persons who object to a screening to give a
   84         written statement of such objection to the physician
   85         or other person required to administer and report the
   86         screening; amending s. 383.2163, F.S.; expanding the
   87         telehealth minority maternity care pilot program to a
   88         full program available in any county in this state,
   89         contingent upon available funding; making conforming
   90         changes; revising the source of funding for the
   91         program; amending ss. 383.318, 395.1053, and 456.0496,
   92         F.S.; conforming cross-references; providing an
   93         effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Present subsections (5), (6), and (7) of section
   98  381.0101, Florida Statutes, are redesignated as subsections (6),
   99  (7), and (8), respectively, a new subsection (5) is added to
  100  that section, and subsections (1), (2), and (4) and present
  101  subsections (5) and (6) of that section are amended, to read:
  102         381.0101 Environmental health professionals.—
  103         (1) DEFINITIONS.—As used in this section, the term:
  104         (a) “Board” means the Environmental Health Professionals
  105  Advisory Board.
  106         (c)(b) “Department” means the Department of Health.
  107         (d)(c) “Environmental health” means that segment of public
  108  health work which deals with the examination of those factors in
  109  the human environment which may impact adversely on the health
  110  status of an individual or the public.
  111         (e)(d) “Environmental health professional” means a person
  112  who is employed or assigned the responsibility for assessing the
  113  environmental health or sanitary conditions, as defined by the
  114  department, within a building, on an individual’s property, or
  115  within the community at large, and who has the knowledge,
  116  skills, and abilities to carry out these tasks. Environmental
  117  health professionals may be either field, supervisory, or
  118  administrative staff members.
  119         (b)(e) “Certified” means a person who has displayed
  120  competency to perform evaluations of environmental or sanitary
  121  conditions through examination.
  122         (f)“Environmental health technician” means a person who is
  123  employed or assigned the responsibility for conducting septic
  124  inspections under the supervision of a certified environmental
  125  health professional. An environmental health technician must
  126  have completed training approved by the department and have the
  127  knowledge, skills, and abilities to carry out these tasks.
  128         (h)(f) “Registered sanitarian,” “R.S.,” “Registered
  129  Environmental Health Specialist,” or “R.E.H.S.” means a person
  130  who has been certified by either the National Environmental
  131  Health Association or the Florida Environmental Health
  132  Association as knowledgeable in the environmental health
  133  profession.
  134         (g) “Primary environmental health program” means those
  135  programs determined by the department to be essential for
  136  providing basic environmental and sanitary protection to the
  137  public. At a minimum, these programs shall include food
  138  protection program work.
  139         (2) CERTIFICATION; EXEMPTIONS REQUIRED.—A person may not
  140  perform environmental health or sanitary evaluations in any
  141  primary program area of environmental health without being
  142  certified by the department as competent to perform such
  143  evaluations. This section does not apply to any of the
  144  following:
  145         (a) Persons performing inspections of public food service
  146  establishments licensed under chapter 509.; or
  147         (b) Persons performing site evaluations in order to
  148  determine proper placement and installation of onsite wastewater
  149  treatment and disposal systems who have successfully completed a
  150  department-approved soils morphology course and who are working
  151  under the direct responsible charge of an engineer licensed
  152  under chapter 471.
  153         (c)Environmental health technicians employed by a
  154  department as defined in s. 20.03 who are assigned the
  155  responsibility for conducting septic tank inspections under the
  156  supervision of an environmental health professional certified in
  157  onsite sewage treatment and disposal.
  158         (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
  159  rules that establish definitions of terms and minimum standards
  160  of education, training, or experience for those persons subject
  161  to this subsection section. The rules must also address the
  162  process for application, examination, issuance, expiration, and
  163  renewal of certification and ethical standards of practice for
  164  the profession.
  165         (a) Persons employed as environmental health professionals
  166  shall exhibit a knowledge of rules and principles of
  167  environmental and public health law in Florida through
  168  examination. A person may not conduct environmental health
  169  evaluations in a primary program area unless he or she is
  170  currently certified in that program area or works under the
  171  direct supervision of a certified environmental health
  172  professional.
  173         1. All persons who begin employment in a primary
  174  environmental health program on or after September 21, 1994,
  175  must be certified in that program within 6 months after
  176  employment.
  177         2. Persons employed in the primary environmental health
  178  program of a food protection program or an onsite sewage
  179  treatment and disposal system prior to September 21, 1994, shall
  180  be considered certified while employed in that position and
  181  shall be required to adhere to any professional standards
  182  established by the department pursuant to paragraph (b),
  183  complete any continuing education requirements imposed under
  184  paragraph (d), and pay the certificate renewal fee imposed under
  185  subsection (7) (6).
  186         3. Persons employed in the primary environmental health
  187  program of a food protection program or an onsite sewage
  188  treatment and disposal system prior to September 21, 1994, who
  189  change positions or program areas and transfer into another
  190  primary environmental health program area on or after September
  191  21, 1994, must be certified in that program within 6 months
  192  after such transfer, except that they will not be required to
  193  possess the college degree required under paragraph (e).
  194         4. Registered sanitarians shall be considered certified and
  195  shall be required to adhere to any professional standards
  196  established by the department pursuant to paragraph (b).
  197         (b) At a minimum, the department shall establish standards
  198  for professionals in the areas of food hygiene and onsite sewage
  199  treatment and disposal.
  200         (c) Those persons conducting primary environmental health
  201  evaluations shall be certified by examination to be
  202  knowledgeable in any primary area of environmental health in
  203  which they are routinely assigned duties.
  204         (d) Persons who are certified shall renew their
  205  certification biennially by completing not less than 24 contact
  206  hours of continuing education for each program area in which
  207  they maintain certification, subject to a maximum of 48 hours
  208  for multiprogram certification.
  209         (e) Applicants for certification shall have graduated from
  210  an accredited 4-year college or university with a degree or
  211  major coursework in public health, environmental health,
  212  environmental science, or a physical or biological science.
  213         (f) A certificateholder shall notify the department within
  214  60 days after any change of name or address from that which
  215  appears on the current certificate.
  216         (5)STANDARDS FOR ENVIRONMENTAL HEALTH TECHNICIAN
  217  CERTIFICATION.—The department, in conjunction with the
  218  Department of Environmental Protection, shall adopt rules that
  219  establish definitions of terms and minimum standards of
  220  education, training, and experience for those persons subject to
  221  this subsection. The rules must also address the process for
  222  application, examination, issuance, expiration, and renewal of
  223  certification, and ethical standards of practice for the
  224  profession.
  225         (a)At a minimum, the department shall establish standards
  226  for technicians in the areas of onsite sewage treatment and
  227  disposal.
  228         (b)A person conducting septic inspections must be
  229  certified by examination to be knowledgeable in the area of
  230  onsite sewage treatment and disposal.
  231         (c)An applicant for certification as an environmental
  232  health technician must, at a minimum, have received a high
  233  school diploma or its equivalent.
  234         (d)An applicant for certification as an environmental
  235  health technician must be employed by a department as defined in
  236  s. 20.30.
  237         (e)An applicant for certification as an environmental
  238  health technician must complete supervised field inspection work
  239  as prescribed by department rule before examination.
  240         (f)A certified environmental health technician must renew
  241  his or her certification biennially by completing at least 24
  242  contact hours of continuing education for each program area in
  243  which he or she maintains certification, subject to a maximum of
  244  48 hours for multiprogram certification.
  245         (g)A certified environmental health technician shall
  246  notify the department within 60 days after any change of name or
  247  address from that which appears on the current certificate.
  248         (6)(5) EXEMPTIONS.—A person who conducts primary
  249  environmental evaluation activities and maintains a current
  250  registration or certification from another state agency which
  251  examined the person’s knowledge of the primary program area and
  252  requires comparable continuing education to maintain the
  253  certificate shall not be required to be certified by this
  254  section. Examples of persons not subject to certification are
  255  physicians, registered dietitians, certified laboratory
  256  personnel, and nurses.
  257         (7)(6) FEES.—The department shall charge fees in amounts
  258  necessary to meet the cost of providing environmental health
  259  professional certification. Fees for certification shall be not
  260  less than $10 or more than $300 and shall be set by rule.
  261  Application, examination, and certification costs shall be
  262  included in this fee. Fees for renewal of a certificate shall be
  263  no less than $25 nor more than $150 per biennium.
  264         Section 2. Section 381.991, Florida Statutes, is created to
  265  read:
  266         381.991 Andrew John Anderson Pediatric Rare Disease Grant
  267  Program.—
  268         (1)(a)There is created within the Department of Health the
  269  Andrew John Anderson Rare Pediatric Disease Grant Program. The
  270  purpose of the program is to advance the progress of research
  271  and cures for rare pediatric diseases by awarding grants through
  272  a competitive, peer-reviewed process.
  273         (b)Subject to an annual appropriation by the Legislature,
  274  the program shall award grants for scientific and clinical
  275  research to further the search for new diagnostics, treatments,
  276  and cures for rare pediatric diseases.
  277         (2)(a)Applications for grants for rare pediatric disease
  278  research may be submitted by any university or established
  279  research institute in the state. All qualified investigators in
  280  the state, regardless of institutional affiliation, shall have
  281  equal access and opportunity to compete for the research
  282  funding. Preference may be given to grant proposals that foster
  283  collaboration among institutions, researchers, and community
  284  practitioners, as such proposals support the advancement of
  285  treatments and cures of rare pediatric diseases through basic or
  286  applied research. Grants shall be awarded by the department,
  287  after consultation with the Rare Disease Advisory Council,
  288  pursuant to s. 381.99, on the basis of scientific merit, as
  289  determined by the competitive, peer-reviewed process to ensure
  290  objectivity, consistency, and high quality. The following types
  291  of applications may be considered for funding:
  292         1.Investigator-initiated research grants.
  293         2.Institutional research grants.
  294         3.Collaborative research grants, including those that
  295  advance the finding of treatment and cures through basic or
  296  applied research.
  297         (b)To ensure appropriate and fair evaluation of grant
  298  applications based on scientific merit, the department shall
  299  appoint peer review panels of independent, scientifically
  300  qualified individuals to review the scientific merit of each
  301  proposal and establish its priority score. The priority scores
  302  shall be forwarded to the council and must be considered in
  303  determining which proposals shall be recommended for funding.
  304         (c)The council and the peer review panels shall establish
  305  and follow rigorous guidelines for ethical conduct and adhere to
  306  a strict policy with regard to conflicts of interest. A member
  307  of the council or panel may not participate in any discussion or
  308  decision of the council or panel with respect to a research
  309  proposal by any firm, entity, or agency that the member is
  310  associated with as a member of the governing body or as an
  311  employee or with which the member has entered into a contractual
  312  arrangement.
  313         (d)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  314  the balance of any appropriation from the General Revenue Fund
  315  for the Andrew John Anderson Pediatric Rare Disease Grant
  316  Program that is not disbursed but that is obligated pursuant to
  317  contract or committed to be expended by June 30 of the fiscal
  318  year in which the funds are appropriated may be carried forward
  319  for up to 5 years after the effective date of the original
  320  appropriation.
  321         Section 3. Present subsection (5) of section 383.14,
  322  Florida Statutes, is redesignated as subsection (6), a new
  323  subsection (5) is added to that section, and subsections (1),
  324  (2), and (3) of that section are amended, to read:
  325         383.14 Screening for metabolic disorders, other hereditary
  326  and congenital disorders, and environmental risk factors.—
  327         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  328  maternal and child health care system, the Department of Health
  329  shall promote the screening of all newborns born in Florida for
  330  metabolic, hereditary, and congenital disorders known to result
  331  in significant impairment of health or intellect, as screening
  332  programs accepted by current medical practice become available
  333  and practical in the judgment of the department. Any health care
  334  practitioner present at a birth or responsible for primary care
  335  during the neonatal period has the primary responsibility of
  336  administering screenings as required in ss. 383.14 and 383.145.
  337  As used in this subsection, the term “health care practitioner”
  338  means a physician or physician assistant licensed under chapter
  339  458, an osteopathic physician or physician assistant licensed
  340  under chapter 459, an advanced practice registered nurse
  341  licensed under part I of chapter 464, or a midwife licensed
  342  under chapter 467 The department shall also promote the
  343  identification and screening of all newborns in this state and
  344  their families for environmental risk factors such as low
  345  income, poor education, maternal and family stress, emotional
  346  instability, substance abuse, and other high-risk conditions
  347  associated with increased risk of infant mortality and morbidity
  348  to provide early intervention, remediation, and prevention
  349  services, including, but not limited to, parent support and
  350  training programs, home visitation, and case management.
  351  Identification, perinatal screening, and intervention efforts
  352  shall begin prior to and immediately following the birth of the
  353  child by the attending health care provider. Such efforts shall
  354  be conducted in hospitals, perinatal centers, county health
  355  departments, school health programs that provide prenatal care,
  356  and birthing centers, and reported to the Office of Vital
  357  Statistics.
  358         (a) Prenatal screening.The department shall develop a
  359  multilevel screening process that includes a risk assessment
  360  instrument to identify women at risk for a preterm birth or
  361  other high-risk condition. The primary health care provider
  362  shall complete the risk assessment instrument and report the
  363  results to the Office of Vital Statistics so that the woman may
  364  immediately be notified and referred to appropriate health,
  365  education, and social services.
  366         (b) Postnatal screening.A risk factor analysis using the
  367  department’s designated risk assessment instrument shall also be
  368  conducted as part of the medical screening process upon the
  369  birth of a child and submitted to the department’s Office of
  370  Vital Statistics for recording and other purposes provided for
  371  in this chapter. The department’s screening process for risk
  372  assessment shall include a scoring mechanism and procedures that
  373  establish thresholds for notification, further assessment,
  374  referral, and eligibility for services by professionals or
  375  paraprofessionals consistent with the level of risk. Procedures
  376  for developing and using the screening instrument, notification,
  377  referral, and care coordination services, reporting
  378  requirements, management information, and maintenance of a
  379  computer-driven registry in the Office of Vital Statistics which
  380  ensures privacy safeguards must be consistent with the
  381  provisions and plans established under chapter 411, Pub. L. No.
  382  99-457, and this chapter. Procedures established for reporting
  383  information and maintaining a confidential registry must include
  384  a mechanism for a centralized information depository at the
  385  state and county levels. The department shall coordinate with
  386  existing risk assessment systems and information registries. The
  387  department must ensure, to the maximum extent possible, that the
  388  screening information registry is integrated with the
  389  department’s automated data systems, including the Florida On
  390  line Recipient Integrated Data Access (FLORIDA) system.
  391         (a)Blood specimens for newborn screenings.Newborn Tests
  392  and screenings must be performed by the State Public Health
  393  Laboratory, in coordination with Children’s Medical Services, at
  394  such times and in such manner as is prescribed by the department
  395  after consultation with the Genetics and Newborn Screening
  396  Advisory Council and the Department of Education.
  397         (b)(c)Release of screening results.—Notwithstanding any
  398  law to the contrary, the State Public Health Laboratory may
  399  release, directly or through the Children’s Medical Services
  400  program, the results of a newborn’s hearing and metabolic tests
  401  or screenings to the newborn’s health care practitioner, the
  402  newborn’s parent or legal guardian, the newborn’s personal
  403  representative, or a person designated by the newborn’s parent
  404  or legal guardian. As used in this paragraph, the term “health
  405  care practitioner” means a physician or physician assistant
  406  licensed under chapter 458; an osteopathic physician or
  407  physician assistant licensed under chapter 459; an advanced
  408  practice registered nurse, registered nurse, or licensed
  409  practical nurse licensed under part I of chapter 464; a midwife
  410  licensed under chapter 467; a speech-language pathologist or
  411  audiologist licensed under part I of chapter 468; or a dietician
  412  or nutritionist licensed under part X of chapter 468; or a
  413  genetic counselor licensed under part III of chapter 483.
  414         (2) RULES.—
  415         (a) After consultation with the Genetics and Newborn
  416  Screening Advisory Council, the department shall adopt and
  417  enforce rules requiring that every newborn in this state shall:
  418         1. Before becoming 1 week of age, have a blood specimen
  419  collected for newborn screenings be subjected to a test for
  420  phenylketonuria;
  421         2. Be tested for any condition included on the federal
  422  Recommended Uniform Screening Panel which the council advises
  423  the department should be included under the state’s screening
  424  program. After the council recommends that a condition be
  425  included, the department shall submit a legislative budget
  426  request to seek an appropriation to add testing of the condition
  427  to the newborn screening program. The department shall expand
  428  statewide screening of newborns to include screening for such
  429  conditions within 18 months after the council renders such
  430  advice, if a test approved by the United States Food and Drug
  431  Administration or a test offered by an alternative vendor is
  432  available. If such a test is not available within 18 months
  433  after the council makes its recommendation, the department shall
  434  implement such screening as soon as a test offered by the United
  435  States Food and Drug Administration or by an alternative vendor
  436  is available; and
  437         3. At the appropriate age, be tested for such other
  438  metabolic diseases and hereditary or congenital disorders as the
  439  department may deem necessary from time to time.
  440         (b) After consultation with the Department of Education,
  441  the department shall adopt and enforce rules requiring every
  442  newborn in this state to be screened for environmental risk
  443  factors that place children and their families at risk for
  444  increased morbidity, mortality, and other negative outcomes.
  445         (b)(c) The department shall adopt such additional rules as
  446  are found necessary for the administration of this section and
  447  ss. 383.145 and 383.148 s. 383.145, including rules providing
  448  definitions of terms, rules relating to the methods used and
  449  time or times for testing as accepted medical practice
  450  indicates, rules relating to charging and collecting fees for
  451  the administration of the newborn screening program authorized
  452  by this section, rules for processing requests and releasing
  453  test and screening results, and rules requiring mandatory
  454  reporting of the results of tests and screenings for these
  455  conditions to the department.
  456         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  457  shall administer and provide certain services to implement the
  458  provisions of this section and shall:
  459         (a) Assure the availability and quality of the necessary
  460  laboratory tests and materials.
  461         (b) Furnish all physicians, county health departments,
  462  perinatal centers, birthing centers, and hospitals forms on
  463  which environmental screening and the results of tests for
  464  phenylketonuria and such other disorders for which testing may
  465  be required from time to time shall be reported to the
  466  department.
  467         (c) Promote education of the public about the prevention
  468  and management of metabolic, hereditary, and congenital
  469  disorders and dangers associated with environmental risk
  470  factors.
  471         (c)(d) Maintain a confidential registry of cases, including
  472  information of importance for the purpose of follow-up followup
  473  services to prevent intellectual disabilities, to correct or
  474  ameliorate physical disabilities, and for epidemiologic studies,
  475  if indicated. Such registry shall be exempt from the provisions
  476  of s. 119.07(1).
  477         (d)(e) Supply the necessary dietary treatment products
  478  where practicable for diagnosed cases of phenylketonuria and
  479  other metabolic diseases for as long as medically indicated when
  480  the products are not otherwise available. Provide nutrition
  481  education and supplemental foods to those families eligible for
  482  the Special Supplemental Nutrition Program for Women, Infants,
  483  and Children as provided in s. 383.011.
  484         (e)(f) Promote the availability of genetic studies,
  485  services, and counseling in order that the parents, siblings,
  486  and affected newborns may benefit from detection and available
  487  knowledge of the condition.
  488         (f)(g) Have the authority to charge and collect fees for
  489  the administration of the newborn screening program. authorized
  490  in this section, as follows:
  491         1. A fee not to exceed $15 will be charged for each live
  492  birth, as recorded by the Office of Vital Statistics, occurring
  493  in a hospital licensed under part I of chapter 395 or a birth
  494  center licensed under s. 383.305 per year. The department shall
  495  calculate the annual assessment for each hospital and birth
  496  center, and this assessment must be paid in equal amounts
  497  quarterly. Quarterly, The department shall generate and issue
  498  mail to each hospital and birth center a statement of the amount
  499  due.
  500         2. As part of the department’s legislative budget request
  501  prepared pursuant to chapter 216, the department shall submit a
  502  certification by the department’s inspector general, or the
  503  director of auditing within the inspector general’s office, of
  504  the annual costs of the uniform testing and reporting procedures
  505  of the newborn screening program. In certifying the annual
  506  costs, the department’s inspector general or the director of
  507  auditing within the inspector general’s office shall calculate
  508  the direct costs of the uniform testing and reporting
  509  procedures, including applicable administrative costs.
  510  Administrative costs shall be limited to those department costs
  511  which are reasonably and directly associated with the
  512  administration of the uniform testing and reporting procedures
  513  of the newborn screening program.
  514         (g)(h) Have the authority to bill third-party payors for
  515  newborn screening tests.
  516         (h)(i) Create and make available electronically a pamphlet
  517  with information on screening for, and the treatment of,
  518  preventable infant and childhood eye and vision disorders,
  519  including, but not limited to, retinoblastoma and amblyopia.
  520  
  521  All provisions of this subsection must be coordinated with the
  522  provisions and plans established under this chapter, chapter
  523  411, and Pub. L. No. 99-457.
  524         (5)SUBMISSION OF NEWBORN SCREENING SPECIMEN CARDS.—Any
  525  health care practitioner whose duty it is to administer
  526  screenings under this section shall prepare and send all newborn
  527  screening specimen cards to the State Public Health Laboratory
  528  in accordance with rules adopted under this section. As used in
  529  this subsection, the term “health care practitioner” means a
  530  physician or physician assistant licensed under chapter 458, an
  531  osteopathic physician or physician assistant licensed under
  532  chapter 459, an advanced practice registered nurse licensed
  533  under part I of chapter 464, or a midwife licensed under chapter
  534  467.
  535         Section 4. Paragraph (k) is added to subsection (2) of
  536  Section 383.145, Florida Statutes, and subsection (3) of that
  537  section is amended, to read:
  538         383.145 Newborn, and infant, and toddler hearing
  539  screening.—
  540         (2) DEFINITIONS.—As used in this section, the term:
  541         (k)“Toddler” means a child from 12 months to 36 months of
  542  age.
  543         (3) REQUIREMENTS FOR SCREENING OF NEWBORNS, INFANTS, AND
  544  TODDLERS; INSURANCE COVERAGE; REFERRAL FOR ONGOING SERVICES.—
  545         (a) Each hospital or other state-licensed birth birthing
  546  facility that provides maternity and newborn care services shall
  547  ensure that all newborns are, before discharge, screened for the
  548  detection of hearing loss to prevent the consequences of
  549  unidentified disorders. If a newborn fails the screening for the
  550  detection of hearing loss, the hospital or other state-licensed
  551  birth birthing facility must administer a test approved by the
  552  United States Food and Drug Administration or another
  553  diagnostically equivalent test on the newborn to screen for
  554  congenital cytomegalovirus before the newborn becomes 21 days of
  555  age or before discharge, whichever occurs earlier.
  556         (b) Each licensed birth center that provides maternity and
  557  newborn care services shall ensure that all newborns are, before
  558  discharge, screened for the detection of hearing loss. Within 7
  559  days after the birth, the licensed birth center must ensure that
  560  all newborns who do not pass the hearing screening are referred
  561  for to an appointment audiologist, a hospital, or another
  562  newborn hearing screening provider for a test to screen for
  563  congenital cytomegalovirus before the newborn becomes 21 days of
  564  age screening for the detection of hearing loss to prevent the
  565  consequences of unidentified disorders. The referral for
  566  appointment must be made within 7 days after discharge. Written
  567  documentation of the referral must be placed in the newborn’s
  568  medical chart.
  569         (c) If the parent or legal guardian of the newborn objects
  570  to the screening, the screening must not be completed. In such
  571  case, the physician, midwife, or other person attending the
  572  newborn shall maintain a record that the screening has not been
  573  performed and attach a written objection that must be signed by
  574  the parent or guardian.
  575         (d) For home births, the health care provider in attendance
  576  is responsible for coordination and referral to an audiologist,
  577  a hospital, or another newborn hearing screening provider. The
  578  health care provider in attendance must make the referral for
  579  appointment within 7 days after the birth. In cases in which the
  580  home birth is not attended by a health care provider, the
  581  newborn’s primary health care provider is responsible for
  582  coordinating the referral.
  583         (e) For home births and births in a licensed birth center,
  584  if a newborn is referred to a newborn hearing screening provider
  585  and the newborn fails the screening for the detection of hearing
  586  loss, the newborn’s primary health care provider must refer the
  587  newborn for administration of a test approved by the United
  588  States Food and Drug Administration or another diagnostically
  589  equivalent test on the newborn to screen for congenital
  590  cytomegalovirus before the newborn becomes 21 days of age.
  591         (f) All newborn and infant hearing screenings must be
  592  conducted by an audiologist, a physician, or an appropriately
  593  supervised individual who has completed documented training
  594  specifically for newborn hearing screening. Every hospital that
  595  provides maternity or newborn care services shall obtain the
  596  services of an audiologist, a physician, or another newborn
  597  hearing screening provider, through employment or contract or
  598  written memorandum of understanding, for the purposes of
  599  appropriate staff training, screening program supervision,
  600  monitoring the scoring and interpretation of test results,
  601  rendering of appropriate recommendations, and coordination of
  602  appropriate follow-up services. Appropriate documentation of the
  603  screening completion, results, interpretation, and
  604  recommendations must be placed in the medical record within 24
  605  hours after completion of the screening procedure.
  606         (g) The screening of a newborn’s hearing must be completed
  607  before the newborn is discharged from the hospital or licensed
  608  birth center. However, if the screening is not completed before
  609  discharge due to scheduling or temporary staffing limitations,
  610  the screening must be completed within 21 days after the birth.
  611  Screenings completed after discharge or performed because of
  612  initial screening failure must be completed by an audiologist, a
  613  physician, a hospital, or another newborn hearing screening
  614  provider.
  615         (h) Each hospital shall formally designate a lead physician
  616  responsible for programmatic oversight for newborn hearing
  617  screening. Each birth center shall designate a licensed health
  618  care provider to provide such programmatic oversight and to
  619  ensure that the appropriate referrals are being completed.
  620         (i) When ordered by the treating physician, screening of a
  621  newborn’s, infant’s, or toddler’s hearing must include auditory
  622  brainstem responses, or evoked otoacoustic emissions, or
  623  appropriate technology as approved by the United States Food and
  624  Drug Administration.
  625         (j) The results of any test conducted pursuant to this
  626  section, including, but not limited to, newborn hearing loss
  627  screening, congenital cytomegalovirus testing, and any related
  628  diagnostic testing, must be reported to the department within 7
  629  days after receipt of such results.
  630         (k) The initial procedure for screening the hearing of the
  631  newborn or infant and any medically necessary follow-up
  632  reevaluations leading to diagnosis shall be a covered benefit
  633  for Medicaid patients covered by a fee-for-service program. For
  634  Medicaid patients enrolled in HMOs, providers shall be
  635  reimbursed directly by the Medicaid Program Office at the
  636  Medicaid rate. This service may not be considered a covered
  637  service for the purposes of establishing the payment rate for
  638  Medicaid HMOs. All health insurance policies and health
  639  maintenance organizations as provided under ss. 627.6416,
  640  627.6579, and 641.31(30), except for supplemental policies that
  641  only provide coverage for specific diseases, hospital indemnity,
  642  or Medicare supplement, or to the supplemental policies, shall
  643  compensate providers for the covered benefit at the contracted
  644  rate. Nonhospital-based providers are eligible to bill Medicaid
  645  for the professional and technical component of each procedure
  646  code.
  647         (l) A child who is diagnosed as having permanent hearing
  648  loss must be referred to the primary care physician for medical
  649  management, treatment, and follow-up services. Furthermore, in
  650  accordance with Part C of the Individuals with Disabilities
  651  Education Act, Pub. L. No. 108-446, Infants and Toddlers with
  652  Disabilities, any child from birth to 36 months of age who is
  653  diagnosed as having hearing loss that requires ongoing special
  654  hearing services must be referred to the Children’s Medical
  655  Services Early Intervention Program serving the geographical
  656  area in which the child resides.
  657         Section 5. Section 383.147, Florida Statutes, is amended to
  658  read:
  659         383.147 Newborn and infant screenings for Sickle cell
  660  disease and sickle cell trait hemoglobin variants; registry.—
  661         (1) If a screening provider detects that a newborn as or an
  662  infant, as those terms are defined in s. 383.145(2), is
  663  identified as having sickle cell disease or carrying a sickle
  664  cell trait through the newborn screening program as described in
  665  s. 383.14, the department hemoglobin variant, it must:
  666         (a) Notify the parent or guardian of the newborn and
  667  provide information regarding the availability and benefits of
  668  genetic counseling. primary care physician of the newborn or
  669  infant and
  670         (b) Submit the results of such screening to the Department
  671  of Health for inclusion in the sickle cell registry established
  672  under paragraph (2)(a), unless the parent or guardian of the
  673  newborn provides an opt-out form obtained from the department,
  674  or otherwise indicates in writing to the department his or her
  675  objection to having the newborn included in the sickle cell
  676  registry. The primary care physician must provide to the parent
  677  or guardian of the newborn or infant information regarding the
  678  availability and benefits of genetic counseling.
  679         (2)(a) The Department of Health shall contract with a
  680  community-based sickle cell disease medical treatment and
  681  research center to establish and maintain a registry for
  682  individuals newborns and infants who are identified as having
  683  sickle cell disease or carrying a sickle cell trait hemoglobin
  684  variant. The sickle cell registry must track sickle cell disease
  685  outcome measures, except as provided in paragraph (1)(b). A
  686  parent or guardian of a newborn or an infant in the registry may
  687  request to have his or her child removed from the registry by
  688  submitting a form prescribed by the department by rule.
  689         (b) In addition to newborns identified and included in the
  690  registry under subsection (1), persons living in this state who
  691  have been identified as having sickle cell disease or carrying a
  692  sickle cell trait may choose to be included in the registry by
  693  providing the department with notification as prescribed by
  694  rule.
  695         (c) The Department of Health shall also establish a system
  696  to ensure that the community-based sickle cell disease medical
  697  treatment and research center notifies the parent or guardian of
  698  a child who has been included in the registry that a follow-up
  699  consultation with a physician is recommended. Such notice must
  700  be provided to the parent or guardian of such child at least
  701  once during early adolescence and once during late adolescence.
  702  The department shall make every reasonable effort to notify
  703  persons included in the registry who are 18 years of age that
  704  they may request to be removed from the registry by submitting a
  705  form prescribed by the department by rule. The department shall
  706  also provide to such persons information regarding available
  707  educational services, genetic counseling, and other beneficial
  708  resources.
  709         (3) The Department of Health shall adopt rules to implement
  710  this section.
  711         Section 6. Section 383.148, Florida Statutes, is created to
  712  read:
  713         383.148ENVIRONMENTAL RISK SCREENING.—
  714         (1)RISK SCREENING.—To help ensure access to the maternal
  715  and child health care system, the Department of Health shall
  716  promote the screening of all pregnant women and infants in this
  717  state for environmental risk factors, such as low income, poor
  718  education, maternal and family stress, mental health, substance
  719  use disorder, and other high-risk conditions, and promote
  720  education of the public about the dangers associated with
  721  environmental risk factors.
  722         (2)PRENATAL RISK SCREENING REQUIREMENTS.—The department
  723  shall develop a multilevel screening process that includes a
  724  risk assessment instrument to identify women at risk for a
  725  preterm birth or other high-risk condition.
  726         (a)A primary health care provider must complete the risk
  727  screening at a pregnant woman’s first prenatal visit using the
  728  form and in the manner prescribed by rules adopted under this
  729  section, so that the woman may immediately be notified and
  730  referred to appropriate health, education, and social services.
  731         (b)This subsection does not apply if the pregnant woman
  732  objects to the screening in a manner prescribed by department
  733  rule.
  734         (3)POSTNATAL RISK SCREENING REQUIREMENTS.—The department
  735  shall develop a multilevel screening process that includes a
  736  risk assessment instrument to identify factors associated with
  737  increased risk of infant mortality and morbidity to provide
  738  early intervention, remediation, and prevention services,
  739  including, but not limited to, parent support and training
  740  programs, home visitation, and case management.
  741         (a)A hospital or birth center must complete the risk
  742  screening immediately following the birth of the infant, before
  743  discharge from the hospital or birth center, using the form and
  744  in the manner prescribed by rules adopted under this section.
  745         (b)This subsection does not apply if a parent or guardian
  746  of the newborn objects to the screening in a manner prescribed
  747  by department rule.
  748         Section 7. Section 383.2163, Florida Statutes, is amended
  749  to read:
  750         383.2163 Telehealth minority maternity care program pilot
  751  programs.—By July 1, 2022, The department shall establish a
  752  telehealth minority maternity care pilot program in Duval County
  753  and Orange County which uses telehealth to expand the capacity
  754  for positive maternal health outcomes in racial and ethnic
  755  minority populations. The department shall direct and assist the
  756  county health departments in Duval County and Orange County to
  757  implement local the programs contingent upon available funding.
  758         (1) DEFINITIONS.—As used in this section, the term:
  759         (a) “Department” means the Department of Health.
  760         (b) “Eligible pregnant woman” means a pregnant woman who is
  761  receiving, or is eligible to receive, maternal or infant care
  762  services from the department under chapter 381 or this chapter.
  763         (c) “Health care practitioner” has the same meaning as in
  764  s. 456.001.
  765         (d) “Health professional shortage area” means a geographic
  766  area designated as such by the Health Resources and Services
  767  Administration of the United States Department of Health and
  768  Human Services.
  769         (e) “Indigenous population” means any Indian tribe, band,
  770  or nation or other organized group or community of Indians
  771  recognized as eligible for services provided to Indians by the
  772  United States Secretary of the Interior because of their status
  773  as Indians, including any Alaskan native village as defined in
  774  43 U.S.C. s. 1602(c), the Alaska Native Claims Settlement Act,
  775  as that definition existed on the effective date of this act.
  776         (f) “Maternal mortality” means a death occurring during
  777  pregnancy or the postpartum period which is caused by pregnancy
  778  or childbirth complications.
  779         (g) “Medically underserved population” means the population
  780  of an urban or rural area designated by the United States
  781  Secretary of Health and Human Services as an area with a
  782  shortage of personal health care services or a population group
  783  designated by the United States Secretary of Health and Human
  784  Services as having a shortage of such services.
  785         (h) “Perinatal professionals” means doulas, personnel from
  786  Healthy Start and home visiting programs, childbirth educators,
  787  community health workers, peer supporters, certified lactation
  788  consultants, nutritionists and dietitians, social workers, and
  789  other licensed and nonlicensed professionals who assist women
  790  through their prenatal or postpartum periods.
  791         (i) “Postpartum” means the 1-year period beginning on the
  792  last day of a woman’s pregnancy.
  793         (j) “Severe maternal morbidity” means an unexpected outcome
  794  caused by a woman’s labor and delivery which results in
  795  significant short-term or long-term consequences to the woman’s
  796  health.
  797         (k) “Technology-enabled collaborative learning and capacity
  798  building model” means a distance health care education model
  799  that connects health care professionals, particularly
  800  specialists, with other health care professionals through
  801  simultaneous interactive videoconferencing for the purpose of
  802  facilitating case-based learning, disseminating best practices,
  803  and evaluating outcomes in the context of maternal health care.
  804         (2) PURPOSE.—The purpose of the program pilot programs is
  805  to:
  806         (a) Expand the use of technology-enabled collaborative
  807  learning and capacity building models to improve maternal health
  808  outcomes for the following populations and demographics:
  809         1. Ethnic and minority populations.
  810         2. Health professional shortage areas.
  811         3. Areas with significant racial and ethnic disparities in
  812  maternal health outcomes and high rates of adverse maternal
  813  health outcomes, including, but not limited to, maternal
  814  mortality and severe maternal morbidity.
  815         4. Medically underserved populations.
  816         5. Indigenous populations.
  817         (b) Provide for the adoption of and use of telehealth
  818  services that allow for screening and treatment of common
  819  pregnancy-related complications, including, but not limited to,
  820  anxiety, depression, substance use disorder, hemorrhage,
  821  infection, amniotic fluid embolism, thrombotic pulmonary or
  822  other embolism, hypertensive disorders relating to pregnancy,
  823  diabetes, cerebrovascular accidents, cardiomyopathy, and other
  824  cardiovascular conditions.
  825         (3) TELEHEALTH SERVICES AND EDUCATION.—The program pilot
  826  programs shall adopt the use of telehealth or coordinate with
  827  prenatal home visiting programs to provide all of the following
  828  services and education to eligible pregnant women up to the last
  829  day of their postpartum periods, as applicable:
  830         (a) Referrals to Healthy Start’s coordinated intake and
  831  referral program to offer families prenatal home visiting
  832  services.
  833         (b) Services and education addressing social determinants
  834  of health, including, but not limited to, all of the following:
  835         1. Housing placement options.
  836         2. Transportation services or information on how to access
  837  such services.
  838         3. Nutrition counseling.
  839         4. Access to healthy foods.
  840         5. Lactation support.
  841         6. Lead abatement and other efforts to improve air and
  842  water quality.
  843         7. Child care options.
  844         8. Car seat installation and training.
  845         9. Wellness and stress management programs.
  846         10. Coordination across safety net and social support
  847  services and programs.
  848         (c) Evidence-based health literacy and pregnancy,
  849  childbirth, and parenting education for women in the prenatal
  850  and postpartum periods.
  851         (d) For women during their pregnancies through the
  852  postpartum periods, connection to support from doulas and other
  853  perinatal health workers.
  854         (e) Tools for prenatal women to conduct key components of
  855  maternal wellness checks, including, but not limited to, all of
  856  the following:
  857         1. A device to measure body weight, such as a scale.
  858         2. A device to measure blood pressure which has a verbal
  859  reader to assist the pregnant woman in reading the device and to
  860  ensure that the health care practitioner performing the wellness
  861  check through telehealth is able to hear the reading.
  862         3. A device to measure blood sugar levels with a verbal
  863  reader to assist the pregnant woman in reading the device and to
  864  ensure that the health care practitioner performing the wellness
  865  check through telehealth is able to hear the reading.
  866         4. Any other device that the health care practitioner
  867  performing wellness checks through telehealth deems necessary.
  868         (4) TRAINING.—The program pilot programs shall provide
  869  training to participating health care practitioners and other
  870  perinatal professionals on all of the following:
  871         (a) Implicit and explicit biases, racism, and
  872  discrimination in the provision of maternity care and how to
  873  eliminate these barriers to accessing adequate and competent
  874  maternity care.
  875         (b) The use of remote patient monitoring tools for
  876  pregnancy-related complications.
  877         (c) How to screen for social determinants of health risks
  878  in the prenatal and postpartum periods, such as inadequate
  879  housing, lack of access to nutritional foods, environmental
  880  risks, transportation barriers, and lack of continuity of care.
  881         (d) Best practices in screening for and, as needed,
  882  evaluating and treating maternal mental health conditions and
  883  substance use disorders.
  884         (e) Information collection, recording, and evaluation
  885  activities to:
  886         1. Study the impact of the pilot program;
  887         2. Ensure access to and the quality of care;
  888         3. Evaluate patient outcomes as a result of the pilot
  889  program;
  890         4. Measure patient experience; and
  891         5. Identify best practices for the future expansion of the
  892  pilot program.
  893         (5) FUNDING.—The program pilot programs shall be funded
  894  using funds appropriated by the Legislature for the Closing the
  895  Gap grant program. The department’s Division of Community Health
  896  Promotion and Office of Minority Health and Health Equity shall
  897  also work in partnership to apply for federal funds that are
  898  available to assist the department in accomplishing the
  899  program’s purpose and successfully implementing the program
  900  through community-based organizations pilot programs.
  901         (6) RULES.—The department may adopt rules to implement this
  902  section.
  903         Section 8. Paragraph (i) of subsection (3) of section
  904  383.318, Florida Statutes, is amended to read:
  905         383.318 Postpartum care for birth center clients and
  906  infants.—
  907         (3) The birth center shall provide a postpartum evaluation
  908  and followup care that includes all of the following:
  909         (i) Provision of the informational pamphlet on infant and
  910  childhood eye and vision disorders created by the department
  911  pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  912         Section 9. Section 395.1053, Florida Statutes, is amended
  913  to read:
  914         395.1053 Postpartum education.—A hospital that provides
  915  birthing services shall incorporate information on safe sleep
  916  practices and the possible causes of Sudden Unexpected Infant
  917  Death into the hospital’s postpartum instruction on the care of
  918  newborns and provide to each parent the informational pamphlet
  919  on infant and childhood eye and vision disorders created by the
  920  department pursuant to s. 383.14(3)(h) s. 383.14(3)(i).
  921         Section 10. Section 456.0496, Florida Statutes, is amended
  922  to read:
  923         456.0496 Provision of information on eye and vision
  924  disorders to parents during planned out-of-hospital births.—A
  925  health care practitioner who attends an out-of-hospital birth
  926  must ensure that the informational pamphlet on infant and
  927  childhood eye and vision disorders created by the department
  928  pursuant to s. 383.14(3)(h) s. 383.14(3)(i) is provided to each
  929  parent after such a birth.
  930         Section 11. This act shall take effect July 1, 2024.