The Florida Senate

400.9905  Definitions.--

(1)  "Agency" means the Agency for Health Care Administration.

(2)  "Applicant" means an individual owner, corporation, partnership, firm, business, association, or other entity that owns or controls, directly or indirectly, 5 percent or more of an interest in the clinic and that applies for a clinic license.

(3)  "Clinic" means an entity at which health care services are provided to individuals and which tenders charges for reimbursement for such services. For purposes of this part, the term does not include and the licensure requirements of this part do not apply to:

(a)  Entities licensed or registered by the state under chapter 390, chapter 394, chapter 395, chapter 397, this chapter, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

(b)  Entities that own, directly or indirectly, entities licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, this chapter, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

(c)  Entities that are owned, directly or indirectly, by an entity licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, this chapter, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

(d)  Entities that are under common ownership, directly or indirectly, with an entity licensed or registered by the state pursuant to chapter 390, chapter 394, chapter 395, chapter 397, this chapter, chapter 463, chapter 465, chapter 466, chapter 478, chapter 480, chapter 484, or chapter 651.

(e)  An entity that is exempt from federal taxation under 26 U.S.C. s. 501(c)(3) and any community college or university clinic.

(f)  A sole proprietorship, group practice, partnership, or corporation that provides health care services by licensed health care practitioners under chapter 457, chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 466, chapter 467, chapter 484, chapter 486, chapter 490, chapter 491, or part I, part III, part X, part XIII, or part XIV of chapter 468, or s. 464.012, which are wholly owned by a licensed health care practitioner, or the licensed health care practitioner and the spouse, parent, or child of a licensed health care practitioner, so long as one of the owners who is a licensed health care practitioner is supervising the services performed therein and is legally responsible for the entity's compliance with all federal and state laws. However, a health care practitioner may not supervise services beyond the scope of the practitioner's license.

(g)  Clinical facilities affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows.

(4)  "Medical director" means a physician who is employed or under contract with a clinic and who maintains a full and unencumbered physician license in accordance with chapter 458, chapter 459, chapter 460, or chapter 461. However, if the clinic is limited to providing health care services pursuant to chapter 457, chapter 484, chapter 486, chapter 490, or chapter 491 or part I, part III, part X, part XIII, or part XIV of chapter 468, the clinic may appoint a health care practitioner licensed under that chapter to serve as a clinic director who is responsible for the clinic's activities. A health care practitioner may not serve as the clinic director if the services provided at the clinic are beyond the scope of that practitioner's license.

History.--s. 4, ch. 2003-411.