January 22, 2021
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HB 0913

1
A bill to be entitled
2An act relating to public health care; amending s.
3381.0012, F.S.; expanding the environmental health
4enforcement authority of the Department of Health;
5authorizing the department to issue citations or order
6payment of fines; providing requirements and limitations;
7providing a criminal penalty; providing for deposit and
8use of fines; amending s. 381.004, F.S.; providing
9additional criteria for release of HIV preliminary test
10results; amending s. 381.006, F.S.; establishing
11permitting procedures for group care facilities; providing
12requirements and limitations; providing for fees;
13providing fee limitations; providing authority to the
14department to take adverse action on permits under certain
15circumstances; amending s. 381.0065, F.S.; modifying
16standards for rulemaking applicable to regulation of
17onsite sewage treatment and disposal systems; revising
18research award qualifications; providing for an extended
19right of entry; amending s. 381.0101, F.S.; revising
20definitions; revising environmental health professional
21certification requirements; clarifying exemptions;
22creating s. 381.104, F.S.; creating an employee health and
23wellness program; providing requirements; authorizing
24state agencies to undertake certain activities relating to
25agency resources for program purposes; requiring each
26participating agency to make an annual report; providing
27duties of the department; amending s. 384.25, F.S.;
28revising reporting requirements for sexually transmissible
29diseases; authorizing the department to adopt rules;
30amending s. 384.31, F.S.; revising sexually transmissible
31disease testing requirements for pregnant women; providing
32notice requirements; creating s. 385.104, F.S.;
33establishing the Health Promotion and Health Education
34Statewide Initiative for certain purposes; providing
35requirements; authorizing the department to award funding
36to county health departments for certain purposes;
37providing funding requirements; providing participation
38requirements for county health departments; creating s.
39458.3215, F.S.; providing for reactivation of licenses of
40certain physicians for certain limited purposes; providing
41for a reactivation fee; amending s. 945.601, F.S.;
42revising a cross reference, to conform; creating s.
43945.6038, F.S.; authorizing the State of Florida
44Correctional Medical Authority to enter into agreements
45with other state agencies to provide additional medical
46services; providing a limitation; providing an effective
47date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Subsections (6) and (7) are added to section
52381.0012, Florida Statutes, to read:
53     381.0012  Enforcement authority.--
54     (6)  When a violation of s. 386.01, s. 386.041, or
55environmental health rules adopted under this chapter occurs,
56and such violation is enforceable by administrative or civil
57remedy or is a second degree misdemeanor, the department may
58issue a citation that contains an order of correction, an order
59to pay a fine, or both. A citation issued under this subsection
60constitutes a notice of proposed agency action.
61     (a)  Citations must be in writing and must describe the
62particular nature of the violation, including specific reference
63to the provision of statute or rule allegedly violated.
64     (b)  The fines imposed may not exceed $500 for each
65violation. Each day constitutes a separate violation for which a
66citation may be issued.
67     (c)  The citing official shall inform the recipient, by
68written notice pursuant to ss. 120.569 and 120.57, of the right
69to an administrative hearing. The citation must contain a
70conspicuous statement that failure to pay the fine within the
71allotted time, or failure to appear to contest the citation
72after having requested a hearing, constitutes a waiver of the
73right to contest the citation.
74     (d)  The department may reduce or waive the fine imposed by
75the citation after giving due consideration to such factors as
76the gravity of the violation, the good faith of the person who
77has allegedly committed the violation, and the person's history
78of previous violations, including violations for which
79enforcement actions were taken under this section or other
80provisions of law.
81     (e)  Any person who willfully refuses to sign and accept a
82citation issued by the department commits a misdemeanor of the
83second degree, punishable as provided in s. 775.082 or s.
84775.083.
85     (f)  The department shall deposit all fines collected under
86the authority of this subsection in the County Health Department
87Trust Fund for use in the environmental health program under
88which the fine was issued and shall use such fines to improve
89the respective programs or to provide training to the regulated
90industry and department staff working in such programs.
91     (g)  The provisions of this subsection are an alternative
92means of enforcing environmental health requirements which does
93not prohibit the department from using other means of
94enforcement. However, the department shall use only one method
95of enforcement for a single violation.
96     (7)  The department may use positive means of enforcement
97to ensure compliance with environmental health requirements
98specified in this chapter, ss. 386.01 and 386.041, or
99environmental health rules adopted under the authority of this
100chapter. Such means of enforcement may include requiring
101attendance at training courses applicable to the violations
102committed and requiring the use of best management practices
103currently used or recognized by the appropriate regulated
104industry or governmental agency.
105     Section 2.  Paragraph (d) of subsection (3) of section
106381.004, Florida Statutes, is amended to read:
107     381.004  HIV testing.--
108     (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
109CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
110     (d)  No test result shall be determined as positive, and no
111positive test result shall be revealed to any person, without
112corroborating or confirmatory tests being conducted except in
113the following situations:
114     1.  Preliminary test results may be released to licensed
115physicians or the medical or nonmedical personnel subject to the
116significant exposure for purposes of subparagraphs (h)10., 11.,
117and 12.
118     2.  Preliminary test results may be released to health care
119providers and to the person tested when decisions about medical
120care or treatment of, or recommendation to, the person tested
121and, in the case of an intrapartum or postpartum woman, when
122care, treatment, or recommendations regarding her newborn,
123cannot await the results of confirmatory testing. Positive
124preliminary HIV test results shall not be characterized to the
125patient as a diagnosis of HIV infection. Justification for the
126use of preliminary test results must be documented in the
127medical record by the health care provider who ordered the test.
128This subparagraph does not authorize the release of preliminary
129test results for the purpose of routine identification of HIV-
130infected individuals or when HIV testing is incidental to the
131preliminary diagnosis or care of a patient. Corroborating or
132confirmatory testing must be conducted as followup to a positive
133preliminary test. Results shall be communicated to the patient
134according to statute regardless of the outcome. Except as
135provided in this section, test results are confidential and
136exempt from the provisions of s. 119.07(1).
137     3.  Positive rapid test results are considered preliminary
138and may be released in accordance with the manufacturer's
139instructions as approved by the United States Food and Drug
140Administration. Positive rapid test results require confirmatory
141testing for diagnosis and reporting of HIV infection.
142     Section 3.  Subsection (16) of section 381.006, Florida
143Statutes, is amended to read:
144     381.006  Environmental health.--The department shall
145conduct an environmental health program as part of fulfilling
146the state's public health mission. The purpose of this program
147is to detect and prevent disease caused by natural and manmade
148factors in the environment. The environmental health program
149shall include, but not be limited to:
150     (16)  A group care facilities group-care-facilities
151function, where a group care group-care facility means any
152public or private school, housing, building or buildings,
153section of a building, or distinct part of a building or other
154place, whether operated for profit or not, which undertakes,
155through its ownership or management, to provide one or more
156personal services, care, protection, and supervision to persons
157who require such services and who are not related to the owner
158or administrator. The department may adopt rules necessary to
159protect the health and safety of residents, staff, and patrons
160of group care group-care facilities, such as child care
161facilities, family day care day-care homes, assisted living
162assisted-living facilities, adult day care day-care centers,
163adult family-care homes, hospices, residential treatment
164facilities, crisis stabilization crisis-stabilization units,
165pediatric extended care extended-care centers, intermediate care
166intermediate-care facilities for the developmentally disabled,
167group care group-care homes, and, jointly with the Department of
168Education, private and public schools. These rules may include
169definitions of terms; provisions relating to operation and
170maintenance of facilities, buildings, grounds, equipment,
171furnishings, and occupant-space requirements; lighting; heating,
172cooling, and ventilation; food service; water supply and
173plumbing; sewage; sanitary facilities; insect and rodent
174control; garbage; safety; personnel health, hygiene, and work
175practices; permits and fees; and other matters the department
176finds are appropriate or necessary to protect the safety and
177health of the residents, staff, or patrons. The department may
178not adopt rules that conflict with rules adopted by the
179licensing or certifying agency. The department may enter and
180inspect at reasonable hours to determine compliance with
181applicable statutes or rules. In addition to any sanctions that
182the department may impose for violations of rules adopted under
183this section, the department shall also report such violations
184to any agency responsible for licensing or certifying the group
185care group-care facility. The licensing or certifying agency may
186also impose any sanction based solely on the findings of the
187department.
188     (a)  Each group care facility regulated under this section
189shall obtain a permit from the department annually. Group care
190facility permits shall expire annually and shall not be
191transferable from one place or individual to another. An annual
192application for permit renewal shall not be required. In new
193facilities, or when the ownership, control, address, or name of
194a group care facility is changed, the owner, or the owner's
195designee, shall apply to the department for issuance of a permit
196in the manner prescribed by the department.
197     (b)  The department shall establish procedures for the
198issuance and annual renewal of permits and shall establish
199annual permit and renewal fees by rule in an amount necessary to
200cover the expenses of administering this section. Effective
201October 1, 2004, and until such fees are established by rule,
202the annual permit fee shall be as follows:
203     1.  Nonresidential facilities, including, but not limited
204to, child care centers, public schools, and private schools,
205shall pay an annual fee based on a rate of $3.50 per student for
206the maximum authorized capacity. The total permit fee shall not
207be less than $110 nor more than $300.
208     2.  Residential facilities, including, but not limited to,
209assisted living facilities, group homes, residential treatment
210facilities, and other residential facilities, shall pay an
211annual fee based on a rate of $15.50 per bed for the maximum
212authorized capacity. The total permit fee shall not be less than
213$110 nor more than $600, except for foster homes and adult
214family care homes, which shall pay a flat fee of $60.
215     (c)  The annual permit and renewal fees established and
216adopted by rule shall not be less than $60 nor more than $600
217per group care facility.
218     (d)  Permit fees shall be prorated quarterly to reflect the
219actual number of quarters per calendar year the permit is valid.
220     (e)  The department may refuse to issue a permit to or
221renew a permit for any facility that is not constructed or
222maintained in accordance with the rules of the department. The
223department may cancel, revoke, or suspend a permit to operate a
224group care facility if the permittee:
225     1.  Fails to pay any fee required by this section;
226     2.  Obtains or attempts to obtain a permit by fraud; or
227     3.  Violates a provision of this section.
228
229The department may adopt rules to carry out the provisions of
230this section.
231     Section 4.  Paragraphs (a) and (j) of subsection (3) of
232section 381.0065, Florida Statutes, are amended, and paragraph
233(c) is added to subsection (5) of said section, to read:
234     381.0065  Onsite sewage treatment and disposal systems;
235regulation.--
236     (3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
237department shall:
238     (a)  Adopt rules to administer ss. 381.0065-381.0067,
239including definitions that are consistent with the definitions
240in this section, decreases to setback requirements where no
241health hazard exists, increases for the lot-flow allowance for
242performance-based systems, requirements for separation from
243water table elevation during the wettest season, requirements
244for the design and construction of any component part of an
245onsite sewage treatment and disposal system, application and
246permit requirements for persons who maintain an onsite sewage
247treatment and disposal system, requirements for maintenance and
248service agreements for aerobic treatment units and performance-
249based treatment systems, and recommended standards, including
250disclosure requirements, for voluntary system inspections to be
251performed by individuals who are authorized by law to perform
252such inspections and who shall inform a person having ownership,
253control, or use of an onsite sewage treatment and disposal
254system of the inspection standards and of that person's
255authority to request an inspection based on all or part of the
256standards, and requirements for implementation of the United
257States Environmental Protection Agency's voluntary national
258guidelines for management of onsite and clustered or
259decentralized wastewater treatment systems.
260     (j)  Supervise research on, demonstration of, and training
261on the performance, environmental impact, and public health
262impact of onsite sewage treatment and disposal systems within
263this state. Research fees collected under s. 381.0066(2)(k) must
264be used to develop and fund hands-on training centers designed
265to provide practical information about onsite sewage treatment
266and disposal systems to septic tank contractors, master septic
267tank contractors, contractors, inspectors, engineers, and the
268public and must also be used to fund research projects which
269focus on improvements of onsite sewage treatment and disposal
270systems, including use of performance-based standards and
271reduction of environmental impact. Research projects shall be
272initially approved by the technical advisory panel and shall be
273applicable to and reflect the soil conditions specific to
274Florida. Such projects shall be awarded through competitive
275negotiation, using the procedures provided in s. 287.055, to
276public or private entities that have experience in onsite sewage
277treatment and disposal systems in Florida and that are
278principally located in Florida. Research projects shall not be
279awarded to firms or entities that employ or are associated with
280persons who serve on either the technical advisory panel or the
281research review and advisory committee.
282     (5)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
283     (c)  Department personnel may enter the premises of others
284when necessary to conduct site evaluations and inspections
285relating to the permitting of onsite sewage treatment and
286disposal systems. Such entry does not constitute trespass, and
287department personnel making such entry are not subject to arrest
288or to a civil action by reason of such entry. This paragraph
289does not authorize a department employee to destroy, injure,
290damage, or move anything on premises of another without the
291written permission of the landowner.
292     Section 5.  Subsections (1), (2), (3), and (6) and
293paragraph (a) of subsection (5) of section 381.0101, Florida
294Statutes, are amended to read:
295     381.0101  Environmental health professionals.--
296     (1)  LEGISLATIVE INTENT.--Persons responsible for providing
297technical and scientific evaluations of environmental health and
298sanitary conditions in business establishments and communities
299throughout the state may create a danger to the public health if
300they are not skilled or competent to perform such evaluations.
301The public relies on the judgment of environmental health
302professionals employed by both government agencies and private
303industries to assure them that environmental hazards are
304identified and removed before they endanger the health or safety
305of the public. The purpose of this section is to assure the
306public that persons specifically responsible for performing
307environmental health and sanitary evaluations have been
308certified by examination as competent to perform such work.
309     (2)  DEFINITIONS.--As used in this section:
310     (a)  "Accredited" means recognized by the American Council
311on Education as meeting acceptable levels of quality and
312performance.
313     (b)(a)  "Board" means the Environmental Health
314Professionals Advisory Board.
315     (c)(b)  "Department" means the Department of Health.
316     (d)(c)  "Environmental health" means that segment of public
317health work which deals with the examination of those factors in
318the human environment which may impact adversely on the health
319status of an individual or the public.
320     (e)(d)  "Environmental health professional" means a person
321who is employed or assigned the responsibility for assessing the
322environmental health or sanitary conditions, as defined by the
323department, within a building, on an individual's property, or
324within the community at large, and who has the knowledge,
325skills, and abilities to carry out these tasks. Environmental
326health professionals may be either field, supervisory, or
327administrative staff members.
328     (f)(e)  "Certified" means a person who has displayed
329competency to perform evaluations of environmental or sanitary
330conditions through examination.
331     (g)(f)  "Registered sanitarian," "R.S.," "Registered
332Environmental Health Specialist," or "R.E.H.S." means a person
333who has been certified by either the National Environmental
334Health Association or the Florida Environmental Health
335Association as knowledgeable in the environmental health
336profession.
337     (h)(g)  "Primary environmental health program" means those
338programs determined by the department to be essential for
339providing basic environmental and sanitary protection to the
340public. These programs shall be established by rule and, at a
341minimum, these programs shall include food protection program
342work and onsite sewage treatment and disposal systems program
343work system evaluations.
344     (3)  CERTIFICATION REQUIRED.--No person shall perform
345environmental health or sanitary evaluations in any primary
346program area of environmental health without being certified by
347the department as competent to perform such evaluations. The
348requirements of this section shall not be mandatory for persons
349performing inspections of public or retail food service
350establishments licensed under chapter 500 or chapter 509.
351     (5)  STANDARDS FOR CERTIFICATION.--The department shall
352adopt rules that establish definitions of terms and minimum
353standards of education, training, or experience for those
354persons subject to this section. The rules must also address the
355process for application, examination, issuance, expiration, and
356renewal of certification and ethical standards of practice for
357the profession.
358     (a)  Persons employed as environmental health professionals
359shall exhibit a knowledge of rules and principles of
360environmental and public health law in Florida through
361examination. A person may not conduct environmental health
362evaluations in a primary program area unless he or she is
363currently certified in that program area or works under the
364direct supervision, during his or her initial probationary
365period for that position, of a certified environmental health
366professional.
367     1.  All persons who begin employment in a primary
368environmental health program on or after September 21, 1994,
369must be certified in that program within the initial
370probationary period for that position 6 months after employment.
371     2.  Persons employed in the primary environmental health
372programs program of a food protection program or an onsite
373sewage treatment and disposal systems system prior to September
37421, 1994, shall be considered certified while employed in that
375position and shall be required to adhere to any professional
376standards established by the department pursuant to paragraph
377(b), complete any continuing education requirements imposed
378under paragraph (d), and pay the certificate renewal fee imposed
379under subsection (7).
380     3.  Persons employed in the primary environmental health
381programs program of a food protection program or an onsite
382sewage treatment and disposal systems system prior to September
38321, 1994, who change positions or program areas and transfer
384into another primary environmental health program area on or
385after September 21, 1994, must be certified by examination in
386that program within 6 months after such transfer, except that
387they will not be required to possess the college degree required
388under paragraph (e).
389     4.  Registered sanitarians shall be considered certified
390and shall be required to adhere to any professional standards
391established by the department pursuant to paragraph (b).
392     (6)  EXEMPTIONS.--A person who conducts primary
393environmental evaluation activities and maintains a current
394registration or certification from another state agency which
395examined the person's knowledge of the primary program area and
396requires comparable continuing education to maintain the
397certificate shall not be required to be certified by this
398section. Examples of persons not subject to certification are
399physicians, registered dietitians, certified laboratory
400personnel, and nurses.
401     Section 6.  Section 381.104, Florida Statutes, is created
402to read:
403     381.104  Employee health and wellness program.--
404     (1)  Each state agency may allocate, from existing
405resources, the necessary funding and facilities for the
406development and maintenance of an employee health and wellness
407program and may seek additional funding from other sources to
408support the program for the benefit of the agency's employees.
409     (2)  Each state agency may dedicate resources to develop
410and coordinate an employee health and wellness program or
411arrange to cooperate with other agencies within such agency's
412geographic proximity for program coordination, including
413providers of state employee benefits.
414     (3)  Each state agency electing to participate shall
415establish an employee health and wellness coordinator and
416advisory committee to guide the development of an operational
417plan, including the collection of data and development of goals
418and objectives, and to oversee program evaluation and use of any
419agency-allocated funds.
420     (4)  Each state agency may conduct and dedicate resources
421toward an employee needs assessment to ascertain the health-and-
422wellness-related needs of its employees.
423     (5)  Each state agency may establish policies that allow
424employees no more than 30 minutes of work time three times each
425week, as individual workload allows, to use for the purpose of
426engaging in health and wellness activities which may include
427physical activity, stress reduction, tobacco cessation, personal
428training, nutrition counseling, or weight reduction and control.
429Such 30-minute periods may be used to modify the start or end of
430the workday or to extend the lunch hour.
431     (6)  Each state agency shall use an employee health and
432wellness activity agreement form, developed by the Department of
433Health, to be completed by the employee, signed by both the
434employee and the employee's immediate supervisor, and kept in
435the employee's personnel file prior to the employee's
436participation in any activity. It is the responsibility of the
437employee to complete the form and submit it to the personnel
438office. Any change to the employee's activities requires
439submission of a revised form. An employee found to be in
440violation of the submitted agreement form is not allowed further
441participation in the program.
442     (7)  Each state agency may designate up to 1 hour each
443month for the purpose of providing inservice health and wellness
444training for its employees.
445     (8)  Each state agency may use electronic mail and other
446communication systems to promote the agency's employee health
447and wellness activities.
448     (9)  Each state agency may, and is encouraged to:
449     (a)  Enter into an agreement or contract with other public
450or private entities to collaborate or participate jointly in
451health or wellness education or activity programs.
452     (b)  Implement health education activities that focus on
453skill development and lifestyle behavior change along with
454information dissemination and awareness building, preferably
455tailored to the employees' interests and needs.
456     (c)  Review and offer recommendations to agency leadership
457on environmental and social support policies that pertain to
458improving the health of employees.
459     (d)  Link the employee health and wellness program to other
460programs such as the employee assistance program and other
461related programs to help employees balance work and family.
462     (e)  Offer free, low-cost, or employee-fee-based programs
463on site, including the designation of rooms for the express
464purpose of physical activity, nutrition, stress reduction, and
465weight control activities. Participating agencies with
466established employee health and wellness programs may purchase
467exercise equipment to be used in the room designated for this
468purpose.
469     (10)  Each state agency that develops and implements an
470employee health and wellness program shall include and document
471an evaluation and improvement process in an annual report to
472help enhance the program's efficiency and effectiveness. The
473annual report shall be submitted to the Department of Health on
474July 1 of each year. Agencies shall use an annual report
475template provided by the Department of Health to ensure
476consistency in the presentation of data and other evaluation
477results.
478     (11)  The Department of Health shall provide employee
479health and wellness model program guidelines and ongoing
480technical assistance to other state agencies to assist in the
481development of each agency's employee health and wellness
482program.
483     Section 7.  Section 384.25, Florida Statutes, is amended to
484read:
485     384.25  Reporting required.--
486     (1)  Each person who makes a diagnosis of or treats a
487person with a sexually transmissible disease, including, but not
488limited to, HIV and AIDS, and each laboratory that performs a
489test for a sexually transmissible disease, including, but not
490limited to, HIV, which concludes with a positive result shall
491report such facts as may be required by the department by rule,
492within a time period as specified by rule of the department, but
493in no case to exceed 2 weeks.
494     (a)(2)  The department shall adopt rules specifying the
495information required in and a maximum minimum time period for
496reporting a sexually transmissible disease, including, but not
497limited to, HIV and AIDS. In adopting such rules, the department
498shall consider the need for information, protections for the
499privacy and confidentiality of the patient, and the practical
500ability of persons and laboratories to report in a reasonable
501fashion. To ensure the confidentiality of persons infected with
502HIV the human immunodeficiency virus (HIV), reporting of HIV
503infection and AIDS acquired immune deficiency syndrome (AIDS)
504must be conducted using a system the HIV/AIDS Reporting System
505(HARS) developed by the Centers for Disease Control and
506Prevention of the United States Public Health Service or an
507equivalent system.
508     (3)  The department shall require reporting of physician
509diagnosed cases of AIDS based upon diagnostic criteria from the
510Centers for Disease Control and Prevention.
511     (b)(4)  The department may require physician and laboratory
512reporting of HIV infection. However, only reports of HIV
513infection identified on or after the effective date of the rule
514developed by the department pursuant to this subsection shall be
515accepted. The Reporting may not affect or relate to anonymous
516HIV testing programs conducted pursuant to s. 381.004(4) or to
517university-based medical research protocols as determined by the
518department.
519     (2)(5)  After notification of the test subject under
520subsection (4), the department may, with the consent of the test
521subject, notify school superintendents of students and school
522personnel whose HIV tests are positive.
523     (3)  The department shall adopt rules requiring each
524physician and laboratory to report any newborn or infant up to
52518 months of age who has been exposed to HIV. The rules may
526include the method and time period for reporting, information to
527be included in the report, requirements for enforcement, and
528followup activities by the department.
529     (4)(6)  The department shall by February 1 of each year
530submit to the Legislature an annual report relating to all
531information obtained pursuant to this section.
532     (5)(7)  Each person who violates the provisions of this
533section or the rules adopted hereunder may be fined by the
534department up to $500 for each offense. The department shall
535report each violation of this section to the regulatory agency
536responsible for licensing each health care professional and each
537laboratory to which these provisions apply.
538     Section 8.  Section 384.31, Florida Statutes, is amended to
539read:
540     384.31  Serological Testing of pregnant women; duty of the
541attendant.--
542     (1)  Every person, including every physician licensed under
543chapter 458 or chapter 459 or midwife licensed under part I of
544chapter 464 or chapter 467, attending a pregnant woman for
545conditions relating to pregnancy during the period of gestation
546and delivery shall take or cause the woman to be tested for
547sexually transmissible diseases, including, but not limited to,
548HIV, as required by rule of the department, notwithstanding s.
549381.004(3)(a), taken a sample of venous blood at a time or times
550specified by the department. The tests Each sample of blood
551shall be performed tested by a laboratory approved for such
552purposes under part I of chapter 483 for sexually transmissible
553diseases as required by rule of the department. Pregnant women
554shall be notified of the tests that will be conducted and of
555their right to refuse testing. If a woman objects to testing, a
556written statement of objection, signed by the patient, shall be
557placed in the patient's medical record and no testing shall
558occur.
559     (2)  At the time the venous blood sample is taken, testing
560for human immunodeficiency virus (HIV) infection shall be
561offered to each pregnant woman. The prevailing professional
562standard of care in this state requires each health care
563provider and midwife who attends a pregnant woman to counsel the
564woman to be tested for human immunodeficiency virus (HIV).
565Counseling shall include a discussion of the availability of
566treatment if the pregnant woman tests HIV positive. If a
567pregnant woman objects to HIV testing, reasonable steps shall be
568taken to obtain a written statement of such objection, signed by
569the patient, which shall be placed in the patient's medical
570record. Every person, including every physician licensed under
571chapter 458 or chapter 459 or midwife licensed under part I of
572chapter 464 or chapter 467, who attends a pregnant woman who has
573been offered and objects to HIV testing shall be immune from
574liability arising out of or related to the contracting of HIV
575infection or acquired immune deficiency syndrome (AIDS) by the
576child from the mother.
577     Section 9.  Section 385.104, Florida Statutes, is created
578to read:
579     385.104  Health Promotion and Health Education Statewide
580Initiative.--
581     (1)  The Department of Health shall establish the Health
582Promotion and Health Education Statewide Initiative to provide a
583comprehensive and community-based health promotion and education
584program. The program is designed to provide funding to counties
585in this state to improve individual and community health, aimed
586specifically at preventing and reducing the impact of chronic
587diseases and promoting healthy lifestyles.
588     (2)  The program's targeted diseases include, but are not
589limited to, diabetes, heart disease, stroke, asthma, and cancer,
590with a focus on the preventable risk factors of tobacco use,
591physical inactivity, and poor nutrition.
592     (3)  The implementation of these activities shall be
593coordinated with and linked to existing state plans and national
594priorities, focusing on evidence-based programs and population-
595based efforts that specifically address social and environmental
596policy strategies.
597     (4)  Subject to the availability of funds, the Department
598of Health may award funding to county health departments for
599purposes of improving individual and community health by
600expanding and improving the health infrastructure through
601environmental and policy changes aimed specifically at
602preventing and reducing the impact of chronic diseases and
603promoting healthy lifestyles.
604     (5)  To be eligible to receive funding under this section,
605a county health department shall submit an application to the
606secretary of the Department of Health containing information as
607required, including:
608     (a)  A description of the proposed activities and how they
609promote tobacco cessation, healthy eating, or physical fitness
610and address the health and social consequences to residents of
611this state that have chronic diseases.
612     (b)  Information describing how health promotion and
613education activities are to be coordinated at the local level
614with other health activities conducted by other education,
615health, and agricultural agencies.
616     (c)  Information describing how local health promotion and
617education activities reflect state and national objectives for
618health.
619     (d)  A description of the collaborative process that the
620county health department employed in the development of the
621health promotion and education program, including consultations
622with individuals and organizations with expertise in promoting
623public health, nutrition, or physical activity.
624     (e)  A description of how the county health department will
625evaluate the effectiveness of its program.
626     (6)  Subject to the availability of funds, a county health
627department receiving funds under this section shall, pending
628successful implementation or evaluation as determined by
629department headquarters staff, conduct the project for at least
630a period of 3 consecutive years.
631     (7)  A county health department that receives funds under
632this section may use the funds to carry out one or more of the
633following activities:
634     (a)  Collect, analyze, and disseminate data related to
635diabetes, heart disease, stroke, asthma, and cancer, with a
636focus on the preventable risk factors of tobacco use, physical
637inactivity, and poor nutrition.
638     (b)  Develop and implement activities to create a
639comprehensive, coordinated nutrition and physical fitness
640awareness and chronic disease prevention program.
641     (c)  Develop and implement programs in schools and
642worksites to increase physical fitness and to enhance the
643nutritional status of residents of this state.
644     (d)  Develop and implement policy and environmental changes
645related to the cessation of tobacco, healthful nutrition, and
646physical education.
647     (e)  Collaborate with community-based organizations,
648volunteer organizations, state medical associations, and public
649health groups to develop and implement health education and
650promotion activities.
651     (f)  Collaborate with public and private organizations that
652have a mission to increase public awareness of the importance of
653a balanced diet and an active lifestyle.
654     Section 10.  Section 458.3215, Florida Statutes, is created
655to read:
656     458.3215  Reactivation of license for clinical research
657purposes.--
658     (1)  Any person who left the practice of medicine for
659purposes of retirement and who, at the time of retirement, was
660in good standing with the board may apply to have his or her
661license reactivated, without examination, for purposes of seeing
662patients solely in a clinical research setting. Such person must
663not have been out of the practice of medicine for more than 10
664years at the time of application under this section.
665     (2)  The board shall by rule set the reactivation fee, not
666to exceed $300, and develop criteria for reactivation of a
667license under this section, including appropriate continuing
668education requirements, not to exceed those prescribed in s.
669458.321 for reactivation of a license.
670     Section 11.  Section 945.601, Florida Statutes, is amended
671to read:
672     945.601  Correctional Medical Authority; ss. 945.601-
673945.6038; 945.601-945.6035, definitions.--As used in this act:
674     (1)  "Authority" means the State of Florida Correctional
675Medical Authority created in this act.
676     (2)  "Health care provider" means:
677     (a)  A regional research hospital or research center which
678is authorized by law to provide hospital services in accordance
679with chapter 395, which has a contractual or operating
680arrangement with a regional school of medicine, and which is
681located at that regional school of medicine;
682     (b)  Any entity which has agreed to provide hospital
683services to inmates in the Department of Corrections; or
684     (c)  Any entity licensed to provide hospital services in
685accordance with chapter 395.
686     (3)  "Project" means any structure, facility, machinery,
687equipment, or other property suitable for use by a health
688facility in connection with its operations or proposed
689operations, including, without limitation, real property
690therefor; a clinic, computer facility, dining hall, firefighting
691facility, fire prevention facility, long-term care facility,
692hospital, interns' residence, laboratory, laundry, maintenance
693facility, nurses' residence, office, parking area, pharmacy,
694recreational facility, research facility, storage facility,
695utility, or X-ray facility, or any combination of the foregoing;
696and other structure or facility related thereto or required or
697useful for health care purposes, the conducting of research, or
698the operation of a health facility, including a facility or
699structure essential or convenient for the orderly conduct of the
700health facility and other similar items necessary or convenient
701for the operation of a particular facility or structure in the
702manner for which its use is intended. "Project" does not include
703such items as fuel, supplies, or other items which are
704customarily deemed to result in a current operating charge.
705     (4)  "Quality management program" means to monitor and
706evaluate inmate health care and includes the following
707objectives:
708     (a)  Assuring that all inmates receive appropriate and
709timely services in a safe environment.
710     (b)  Assuring systematic monitoring of the treatment
711environment.
712     (c)  Assisting in the reduction of professional and general
713liability risks.
714     (d)  Enhancing efficient utilization of resources.
715     (e)  Assisting in credential review and privilege
716delineation.
717     (f)  Enhancing the identification of continuing educational
718needs.
719     (g)  Facilitating the identification of strengths,
720weaknesses, and opportunities for improvement.
721     (h)  Facilitating the coordination and integration of
722information systems.
723     (i)  Assuring the resolution of identified problems.
724     (5)  "Real property" includes all lands, including
725buildings, structures, improvements, and fixtures thereon; any
726property of any nature appurtenant thereto or used in connection
727therewith; and every estate, interest, and right, legal or
728equitable, therein, including any such interest for a term of
729years.
730     Section 12.  Section 945.6038, Florida Statutes, is created
731to read:
732     945.6038  Additional services.--The authority is authorized
733to enter into an agreement or may contract with the Department
734of Children and Family Services, subject to the availability of
735funding, to conduct surveys of medical services and to provide
736medical quality assurance and improvement assistance at secure
737confinement and treatment facilities for persons confined under
738part V of chapter 394. The authority may enter into similar
739agreements with other state agencies, subject to the
740availability of funds. The authority may not enter into any such
741agreement if doing so would impair the authority's ability to
742fulfill its obligations with regard to the Department of
743Corrections as set forth in this chapter.
744     Section 13.  This act shall take effect upon becoming a
745law.


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