January 20, 2021
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HB 0913CS


1The Committee on State Administration recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to public health care; creating s.
7110.175, F.S.; creating an employee health and wellness
8program; providing requirements; authorizing state
9agencies to undertake certain activities relating to
10agency resources for program purposes; requiring each
11participating agency to make an annual report; providing
12duties of the department; amending s. 381.0012, F.S.;
13expanding the environmental health enforcement authority
14of the Department of Health; authorizing the department to
15issue citations or order payment of fines; providing
16requirements and limitations; providing a criminal
17penalty; providing for deposit and use of fines; amending
18s. 381.004, F.S.; providing additional criteria for
19release of HIV preliminary test results; amending s.
20381.0065, F.S.; modifying standards for rulemaking
21applicable to regulation of onsite sewage treatment and
22disposal systems; revising research award qualifications;
23providing for an extended right of entry; amending s.
24381.0101, F.S.; revising definitions; revising
25environmental health professional certification
26requirements; clarifying exemptions; amending s. 384.25,
27F.S.; revising reporting requirements for sexually
28transmissible diseases; authorizing the department to
29adopt rules; amending s. 384.31, F.S.; revising sexually
30transmissible disease testing requirements for pregnant
31women; providing notice requirements; creating s. 385.104,
32F.S.; establishing the Health Promotion and Health
33Education Statewide Initiative for certain purposes;
34providing requirements; authorizing the department to
35award funding to county health departments for certain
36purposes; providing funding requirements; providing
37participation requirements for county health departments;
38creating s. 458.3215, F.S.; providing for reactivation of
39licenses of certain physicians for certain limited
40purposes; providing for a reactivation fee; amending s.
41945.601, F.S.; revising a cross reference, to conform;
42creating s. 945.6038, F.S.; authorizing the State of
43Florida Correctional Medical Authority to enter into
44agreements with other state agencies to provide additional
45medical services; providing a limitation; providing
46effective dates.
48Be It Enacted by the Legislature of the State of Florida:
50     Section 1.  Effective July 1, 2004, section 110.175,
51Florida Statutes, is created to read:
52     110.175  Employee health and wellness program.--
53     (1)  Each state agency may allocate, from existing
54resources, the necessary funding and facilities for the
55development and maintenance of an employee health and wellness
56program and may seek additional funding from other sources to
57support the program for the benefit of the agency's employees.
58     (2)  Each state agency may dedicate resources to develop
59and coordinate an employee health and wellness program or
60arrange to cooperate with other agencies within such agency's
61geographic proximity for program coordination, including
62providers of state employee benefits.
63     (3)  Each state agency electing to participate shall
64establish an employee health and wellness coordinator and
65advisory committee to guide the development of an operational
66plan, including the collection of data and development of goals
67and objectives, and to oversee program evaluation and use of any
68agency-allocated funds.
69     (4)  Each state agency may conduct and dedicate resources
70toward an employee needs assessment to ascertain the health-and-
71wellness-related needs of its employees.
72     (5)  Each state agency may establish policies that allow
73employees no more than 30 minutes of work time three times each
74week, as individual workload allows, to use for the purpose of
75engaging in health and wellness activities which may include
76physical activity, stress reduction, tobacco cessation, personal
77training, nutrition counseling, or weight reduction and control.
78Such 30-minute periods may be used to modify the start or end of
79the workday or to extend the lunch hour.
80     (6)  Each state agency shall use an employee health and
81wellness activity agreement form, developed by the Department of
82Health, to be completed by the employee, signed by both the
83employee and the employee's immediate supervisor, and kept in
84the employee's personnel file prior to the employee's
85participation in any activity. It is the responsibility of the
86employee to complete the form and submit it to the personnel
87office. Any change to the employee's activities requires
88submission of a revised form. An employee found to be in
89violation of the submitted agreement form is not allowed further
90participation in the program.
91     (7)  Each state agency may designate up to 1 hour each
92month for the purpose of providing inservice health and wellness
93training for its employees.
94     (8)  Each state agency may use electronic mail and other
95communication systems to promote the agency's employee health
96and wellness activities.
97     (9)  Each state agency may, and is encouraged to:
98     (a)  Enter into an agreement or contract with other public
99or private entities to collaborate or participate jointly in
100health or wellness education or activity programs.
101     (b)  Implement health education activities that focus on
102skill development and lifestyle behavior change along with
103information dissemination and awareness building, preferably
104tailored to the employees' interests and needs.
105     (c)  Review and offer recommendations to agency leadership
106on environmental and social support policies that pertain to
107improving the health of employees.
108     (d)  Link the employee health and wellness program to other
109programs such as the employee assistance program and other
110related programs to help employees balance work and family.
111     (e)  Offer free, low-cost, or employee-fee-based programs
112on site, including the designation of rooms for the express
113purpose of physical activity, nutrition, stress reduction, and
114weight control activities. Participating agencies with
115established employee health and wellness programs may purchase
116exercise equipment to be used in the room designated for this
118     (10)  Each state agency that develops and implements an
119employee health and wellness program shall include and document
120an evaluation and improvement process in an annual report to
121help enhance the program's efficiency and effectiveness. The
122annual report shall be submitted to the Department of Health on
123July 1 of each year. Agencies shall use an annual report
124template provided by the Department of Health to ensure
125consistency in the presentation of data and other evaluation
127     (11)  The Department of Health shall provide employee
128health and wellness model program guidelines and ongoing
129technical assistance to other state agencies to assist in the
130development of each agency's employee health and wellness
132     Section 2.  Subsections (6) and (7) are added to section
133381.0012, Florida Statutes, to read:
134     381.0012  Enforcement authority.--
135     (6)  When a violation of s. 386.01, s. 386.041, or
136environmental health rules adopted under this chapter occurs,
137and such violation is enforceable by administrative or civil
138remedy or is a second degree misdemeanor, the department may
139issue a citation that contains an order of correction, an order
140to pay a fine, or both. A citation issued under this subsection
141constitutes a notice of proposed agency action.
142     (a)  Citations must be in writing and must describe the
143particular nature of the violation, including specific reference
144to the provision of statute or rule allegedly violated.
145     (b)  The fines imposed may not exceed $500 for each
146violation. Each day constitutes a separate violation for which a
147citation may be issued.
148     (c)  The citing official shall inform the recipient, by
149written notice pursuant to ss. 120.569 and 120.57, of the right
150to an administrative hearing. The citation must contain a
151conspicuous statement that failure to pay the fine within the
152allotted time, or failure to appear to contest the citation
153after having requested a hearing, constitutes a waiver of the
154right to contest the citation.
155     (d)  The department may reduce or waive the fine imposed by
156the citation after giving due consideration to such factors as
157the gravity of the violation, the good faith of the person who
158has allegedly committed the violation, and the person's history
159of previous violations, including violations for which
160enforcement actions were taken under this section or other
161provisions of law.
162     (e)  A citation must read, in the space immediately above
163the signature line: "Signing this citation is not an admission
164of guilt. A refusal to sign this citation is a misdemeanor. You
165must be given a copy of this citation." Any person who willfully
166refuses to sign and accept a citation issued by the department
167commits a misdemeanor of the second degree, punishable as
168provided in s. 775.082 or s. 775.083.
169     (f)  The department shall deposit all fines collected under
170the authority of this subsection in the County Health Department
171Trust Fund for use in the environmental health program under
172which the fine was issued and shall use such fines to improve
173the respective programs or to provide training to the regulated
174industry and department staff working in such programs.
175     (g)  The provisions of this subsection are an alternative
176means of enforcing environmental health requirements which does
177not prohibit the department from using other means of
178enforcement. However, the department shall use only one method
179of enforcement for a single violation.
180     (7)  The department may use positive means of enforcement
181to ensure compliance with environmental health requirements
182specified in this chapter, ss. 386.01 and 386.041, or
183environmental health rules adopted under the authority of this
184chapter. Such means of enforcement may include requiring
185attendance at training courses applicable to the violations
186committed and requiring the use of best management practices
187currently used or recognized by the appropriate regulated
188industry or governmental agency.
189     Section 3.  Paragraph (d) of subsection (3) of section
190381.004, Florida Statutes, is amended to read:
191     381.004  HIV testing.--
194     (d)  No test result shall be determined as positive, and no
195positive test result shall be revealed to any person, without
196corroborating or confirmatory tests being conducted except in
197the following situations:
198     1.  Preliminary test results may be released to licensed
199physicians or the medical or nonmedical personnel subject to the
200significant exposure for purposes of subparagraphs (h)10., 11.,
201and 12.
202     2.  Preliminary test results may be released to health care
203providers and to the person tested when decisions about medical
204care or treatment of, or recommendation to, the person tested
205and, in the case of an intrapartum or postpartum woman, when
206care, treatment, or recommendations regarding her newborn,
207cannot await the results of confirmatory testing. Positive
208preliminary HIV test results shall not be characterized to the
209patient as a diagnosis of HIV infection. Justification for the
210use of preliminary test results must be documented in the
211medical record by the health care provider who ordered the test.
212This subparagraph does not authorize the release of preliminary
213test results for the purpose of routine identification of HIV-
214infected individuals or when HIV testing is incidental to the
215preliminary diagnosis or care of a patient. Corroborating or
216confirmatory testing must be conducted as followup to a positive
217preliminary test. Results shall be communicated to the patient
218according to statute regardless of the outcome. Except as
219provided in this section, test results are confidential and
220exempt from the provisions of s. 119.07(1).
221     3.  Positive rapid test results are considered preliminary
222and may be released in accordance with the manufacturer's
223instructions as approved by the United States Food and Drug
224Administration. Positive rapid test results require confirmatory
225testing for diagnosis and reporting of HIV infection.
226     Section 4.  Paragraphs (a) and (j) of subsection (3) of
227section 381.0065, Florida Statutes, are amended, and paragraph
228(c) is added to subsection (5) of said section, to read:
229     381.0065  Onsite sewage treatment and disposal systems;
232department shall:
233     (a)  Adopt rules to administer ss. 381.0065-381.0067,
234including definitions that are consistent with the definitions
235in this section, decreases to setback requirements where no
236health hazard exists, increases for the lot-flow allowance for
237performance-based systems, requirements for separation from
238water table elevation during the wettest season, requirements
239for the design and construction of any component part of an
240onsite sewage treatment and disposal system, application and
241permit requirements for persons who maintain an onsite sewage
242treatment and disposal system, requirements for maintenance and
243service agreements for aerobic treatment units and performance-
244based treatment systems, and recommended standards, including
245disclosure requirements, for voluntary system inspections to be
246performed by individuals who are authorized by law to perform
247such inspections and who shall inform a person having ownership,
248control, or use of an onsite sewage treatment and disposal
249system of the inspection standards and of that person's
250authority to request an inspection based on all or part of the
251standards, and requirements for implementation of the United
252States Environmental Protection Agency's voluntary national
253guidelines for management of onsite and clustered or
254decentralized wastewater treatment systems.
255     (j)  Supervise research on, demonstration of, and training
256on the performance, environmental impact, and public health
257impact of onsite sewage treatment and disposal systems within
258this state. Research fees collected under s. 381.0066(2)(k) must
259be used to develop and fund hands-on training centers designed
260to provide practical information about onsite sewage treatment
261and disposal systems to septic tank contractors, master septic
262tank contractors, contractors, inspectors, engineers, and the
263public and must also be used to fund research projects which
264focus on improvements of onsite sewage treatment and disposal
265systems, including use of performance-based standards and
266reduction of environmental impact. Research projects shall be
267initially approved by the technical advisory panel and shall be
268applicable to and reflect the soil conditions specific to
269Florida. Such projects shall be awarded through competitive
270negotiation, using the procedures provided in s. 287.055, to
271public or private entities that have experience in onsite sewage
272treatment and disposal systems in Florida and that are
273principally located in Florida. Research projects shall not be
274awarded to firms or entities that employ or are associated with
275persons who serve on either the technical advisory panel or the
276research review and advisory committee.
278     (c)  Department personnel may enter the premises of others
279when necessary to conduct site evaluations and inspections
280relating to the permitting of onsite sewage treatment and
281disposal systems. Such entry does not constitute trespass, and
282department personnel making such entry are not subject to arrest
283or to a civil action by reason of such entry. This paragraph
284does not authorize a department employee to destroy, injure,
285damage, or move anything on premises of another without the
286written permission of the landowner.
287     Section 5.  Subsections (1), (2), (3), and (6) and
288paragraph (a) of subsection (5) of section 381.0101, Florida
289Statutes, are amended to read:
290     381.0101  Environmental health professionals.--
291     (1)  LEGISLATIVE INTENT.--Persons responsible for providing
292technical and scientific evaluations of environmental health and
293sanitary conditions in business establishments and communities
294throughout the state may create a danger to the public health if
295they are not skilled or competent to perform such evaluations.
296The public relies on the judgment of environmental health
297professionals employed by both government agencies and private
298industries to assure them that environmental hazards are
299identified and removed before they endanger the health or safety
300of the public. The purpose of this section is to assure the
301public that persons specifically responsible for performing
302environmental health and sanitary evaluations have been
303certified by examination as competent to perform such work.
304     (2)  DEFINITIONS.--As used in this section:
305     (a)  "Accredited" means recognized by the American Council
306on Education as meeting acceptable levels of quality and
308     (b)(a)  "Board" means the Environmental Health
309Professionals Advisory Board.
310     (c)(b)  "Department" means the Department of Health.
311     (d)(c)  "Environmental health" means that segment of public
312health work which deals with the examination of those factors in
313the human environment which may impact adversely on the health
314status of an individual or the public.
315     (e)(d)  "Environmental health professional" means a person
316who is employed or assigned the responsibility for assessing the
317environmental health or sanitary conditions, as defined by the
318department, within a building, on an individual's property, or
319within the community at large, and who has the knowledge,
320skills, and abilities to carry out these tasks. Environmental
321health professionals may be either field, supervisory, or
322administrative staff members.
323     (f)(e)  "Certified" means a person who has displayed
324competency to perform evaluations of environmental or sanitary
325conditions through examination.
326     (g)(f)  "Registered sanitarian," "R.S.," "Registered
327Environmental Health Specialist," or "R.E.H.S." means a person
328who has been certified by either the National Environmental
329Health Association or the Florida Environmental Health
330Association as knowledgeable in the environmental health
332     (h)(g)  "Primary environmental health program" means those
333programs determined by the department to be essential for
334providing basic environmental and sanitary protection to the
335public. These programs shall be established by rule and, at a
336minimum, these programs shall include food protection program
337work and onsite sewage treatment and disposal systems program
338work system evaluations.
339     (3)  CERTIFICATION REQUIRED.--No person shall perform
340environmental health or sanitary evaluations in any primary
341program area of environmental health without being certified by
342the department as competent to perform such evaluations. The
343requirements of this section shall not be mandatory for persons
344performing inspections of public or retail food service
345establishments licensed under chapter 500 or chapter 509.
346     (5)  STANDARDS FOR CERTIFICATION.--The department shall
347adopt rules that establish definitions of terms and minimum
348standards of education, training, or experience for those
349persons subject to this section. The rules must also address the
350process for application, examination, issuance, expiration, and
351renewal of certification and ethical standards of practice for
352the profession.
353     (a)  Persons employed as environmental health professionals
354shall exhibit a knowledge of rules and principles of
355environmental and public health law in Florida through
356examination. A person may not conduct environmental health
357evaluations in a primary program area unless he or she is
358currently certified in that program area or works under the
359direct supervision, during his or her initial probationary
360period for that position, of a certified environmental health
362     1.  All persons who begin employment in a primary
363environmental health program on or after September 21, 1994,
364must be certified in that program within the initial
365probationary period for that position 6 months after employment.
366     2.  Persons employed in the primary environmental health
367programs program of a food protection program or an onsite
368sewage treatment and disposal systems system prior to September
36921, 1994, shall be considered certified while employed in that
370position and shall be required to adhere to any professional
371standards established by the department pursuant to paragraph
372(b), complete any continuing education requirements imposed
373under paragraph (d), and pay the certificate renewal fee imposed
374under subsection (7).
375     3.  Persons employed in the primary environmental health
376programs program of a food protection program or an onsite
377sewage treatment and disposal systems system prior to September
37821, 1994, who change positions or program areas and transfer
379into another primary environmental health program area on or
380after September 21, 1994, must be certified by examination in
381that program within 6 months after such transfer, except that
382they will not be required to possess the college degree required
383under paragraph (e).
384     4.  Registered sanitarians shall be considered certified
385and shall be required to adhere to any professional standards
386established by the department pursuant to paragraph (b).
387     (6)  EXEMPTIONS.--A person who conducts primary
388environmental evaluation activities and maintains a current
389registration or certification from another state agency which
390examined the person's knowledge of the primary program area and
391requires comparable continuing education to maintain the
392certificate shall not be required to be certified by this
393section. Examples of persons not subject to certification are
394physicians, registered dietitians, certified laboratory
395personnel, and nurses.
396     Section 6.  Effective July 1, 2004, section 384.25, Florida
397Statutes, is amended to read:
398     384.25  Reporting required.--
399     (1)  Each person who makes a diagnosis of or treats a
400person with a sexually transmissible disease, including, but not
401limited to, HIV and AIDS, and each laboratory that performs a
402test for a sexually transmissible disease, including, but not
403limited to, HIV, which concludes with a positive result shall
404report such facts as may be required by the department by rule,
405within a time period as specified by rule of the department, but
406in no case to exceed 2 weeks.
407     (a)(2)  The department shall adopt rules specifying the
408information required in and a maximum minimum time period for
409reporting a sexually transmissible disease, including, but not
410limited to, HIV and AIDS. In adopting such rules, the department
411shall consider the need for information, protections for the
412privacy and confidentiality of the patient, and the practical
413ability of persons and laboratories to report in a reasonable
414fashion. To ensure the confidentiality of persons infected with
415HIV the human immunodeficiency virus (HIV), reporting of HIV
416infection and AIDS acquired immune deficiency syndrome (AIDS)
417must be conducted using a system the HIV/AIDS Reporting System
418(HARS) developed by the Centers for Disease Control and
419Prevention of the United States Public Health Service or an
420equivalent system.
421     (3)  The department shall require reporting of physician
422diagnosed cases of AIDS based upon diagnostic criteria from the
423Centers for Disease Control and Prevention.
424     (b)(4)  The department may require physician and laboratory
425reporting of HIV infection. However, only reports of HIV
426infection identified on or after the effective date of the rule
427developed by the department pursuant to this subsection shall be
428accepted. The Reporting may not affect or relate to anonymous
429HIV testing programs conducted pursuant to s. 381.004(4) or to
430university-based medical research protocols as determined by the
432     (2)(5)  After notification of the test subject under
433subsection (4), the department may, with the consent of the test
434subject, notify school superintendents of students and school
435personnel whose HIV tests are positive.
436     (3)  The department shall adopt rules requiring each
437physician and laboratory to report any newborn or infant up to
43818 months of age who has been exposed to HIV. The rules may
439include the method and time period for reporting, information to
440be included in the report, requirements for enforcement, and
441followup activities by the department.
442     (4)(6)  The department shall by February 1 of each year
443submit to the Legislature an annual report relating to all
444information obtained pursuant to this section.
445     (5)(7)  Each person who violates the provisions of this
446section or the rules adopted hereunder may be fined by the
447department up to $500 for each offense. The department shall
448report each violation of this section to the regulatory agency
449responsible for licensing each health care professional and each
450laboratory to which these provisions apply.
451     Section 7.  Effective July 1, 2004, section 384.31, Florida
452Statutes, is amended to read:
453     384.31  Serological Testing of pregnant women; duty of the
455     (1)  Every person, including every physician licensed under
456chapter 458 or chapter 459 or midwife licensed under part I of
457chapter 464 or chapter 467, attending a pregnant woman for
458conditions relating to pregnancy during the period of gestation
459and delivery shall take or cause the woman to be tested for
460sexually transmissible diseases, including, but not limited to,
461HIV, as required by rule of the department, notwithstanding s.
462381.004(3)(a), taken a sample of venous blood at a time or times
463specified by the department. The tests Each sample of blood
464shall be performed tested by a laboratory approved for such
465purposes under part I of chapter 483 for sexually transmissible
466diseases as required by rule of the department. Pregnant women
467shall be notified of the tests that will be conducted and of
468their right to refuse testing. If a woman objects to testing, a
469written statement of objection, signed by the patient, shall be
470placed in the patient's medical record and no testing shall
471occur. If the patient refuses to sign the statement of
472objection, the refusal shall be noted on the form by a licensed
473health care professional who shall print his or her name by the
474notation and who shall sign the notation.
475     (2)  At the time the venous blood sample is taken, testing
476for human immunodeficiency virus (HIV) infection shall be
477offered to each pregnant woman. The prevailing professional
478standard of care in this state requires each health care
479provider and midwife who attends a pregnant woman to counsel the
480woman to be tested for human immunodeficiency virus (HIV).
481Counseling shall include a discussion of the availability of
482treatment if the pregnant woman tests HIV positive. If a
483pregnant woman objects to HIV testing, reasonable steps shall be
484taken to obtain a written statement of such objection, signed by
485the patient, which shall be placed in the patient's medical
486record. Every person, including every physician licensed under
487chapter 458 or chapter 459 or midwife licensed under part I of
488chapter 464 or chapter 467, who attends a pregnant woman who has
489been offered and objects to HIV testing shall be immune from
490liability arising out of or related to the contracting of HIV
491infection or acquired immune deficiency syndrome (AIDS) by the
492child from the mother.
493     Section 8.  Section 385.104, Florida Statutes, is created
494to read:
495     385.104  Health Promotion and Health Education Statewide
497     (1)  The Department of Health shall establish the Health
498Promotion and Health Education Statewide Initiative to provide a
499comprehensive and community-based health promotion and education
500program. The program is designed to provide funding to counties
501in this state to improve individual and community health, aimed
502specifically at preventing and reducing the impact of chronic
503diseases and promoting healthy lifestyles.
504     (2)  The program's targeted diseases include, but are not
505limited to, diabetes, heart disease, stroke, asthma, and cancer,
506with a focus on the preventable risk factors of tobacco use,
507physical inactivity, and poor nutrition.
508     (3)  The implementation of these activities shall be
509coordinated with and linked to existing state plans and national
510priorities, focusing on evidence-based programs and population-
511based efforts that specifically address social and environmental
512policy strategies.
513     (4)  Subject to the availability of funds, the Department
514of Health may award funding to county health departments for
515purposes of improving individual and community health by
516expanding and improving the health infrastructure through
517environmental and policy changes aimed specifically at
518preventing and reducing the impact of chronic diseases and
519promoting healthy lifestyles.
520     (5)  To be eligible to receive funding under this section,
521a county health department shall submit an application to the
522secretary of the Department of Health containing information as
523required, including:
524     (a)  A description of the proposed activities and how they
525promote tobacco cessation, healthy eating, or physical fitness
526and address the health and social consequences to residents of
527this state that have chronic diseases.
528     (b)  Information describing how health promotion and
529education activities are to be coordinated at the local level
530with other health activities conducted by other education,
531health, and agricultural agencies.
532     (c)  Information describing how local health promotion and
533education activities reflect state and national objectives for
535     (d)  A description of the collaborative process that the
536county health department employed in the development of the
537health promotion and education program, including consultations
538with individuals and organizations with expertise in promoting
539public health, nutrition, or physical activity.
540     (e)  A description of how the county health department will
541evaluate the effectiveness of its program.
542     (6)  Subject to the availability of funds, a county health
543department receiving funds under this section shall, pending
544successful implementation or evaluation as determined by
545department headquarters staff, conduct the project for at least
546a period of 3 consecutive years.
547     (7)  A county health department that receives funds under
548this section may use the funds to carry out one or more of the
549following activities:
550     (a)  Collect, analyze, and disseminate data related to
551diabetes, heart disease, stroke, asthma, and cancer, with a
552focus on the preventable risk factors of tobacco use, physical
553inactivity, and poor nutrition.
554     (b)  Develop and implement activities to create a
555comprehensive, coordinated nutrition and physical fitness
556awareness and chronic disease prevention program.
557     (c)  Develop and implement programs in schools and
558worksites to increase physical fitness and to enhance the
559nutritional status of residents of this state.
560     (d)  Develop and implement policy and environmental changes
561related to the cessation of tobacco, healthful nutrition, and
562physical education.
563     (e)  Collaborate with community-based organizations,
564volunteer organizations, state medical associations, and public
565health groups to develop and implement health education and
566promotion activities.
567     (f)  Collaborate with public and private organizations that
568have a mission to increase public awareness of the importance of
569a balanced diet and an active lifestyle.
570     Section 9.  Section 458.3215, Florida Statutes, is created
571to read:
572     458.3215  Reactivation of license for clinical research
574     (1)  Any person who left the practice of medicine for
575purposes of retirement and who, at the time of retirement, was
576in good standing with the board may apply to have his or her
577license reactivated, without examination, for purposes of seeing
578patients solely in a clinical research setting. Such person must
579not have been out of the practice of medicine for more than 10
580years at the time of application under this section.
581     (2)  The board shall by rule set the reactivation fee, not
582to exceed $300, and develop criteria for reactivation of a
583license under this section, including appropriate continuing
584education requirements, not to exceed those prescribed in s.
585458.321 for reactivation of a license.
586     Section 10.  Section 945.601, Florida Statutes, is amended
587to read:
588     945.601  Correctional Medical Authority; ss. 945.601-
589945.6038; 945.601-945.6035, definitions.--As used in this act:
590     (1)  "Authority" means the State of Florida Correctional
591Medical Authority created in this act.
592     (2)  "Health care provider" means:
593     (a)  A regional research hospital or research center which
594is authorized by law to provide hospital services in accordance
595with chapter 395, which has a contractual or operating
596arrangement with a regional school of medicine, and which is
597located at that regional school of medicine;
598     (b)  Any entity which has agreed to provide hospital
599services to inmates in the Department of Corrections; or
600     (c)  Any entity licensed to provide hospital services in
601accordance with chapter 395.
602     (3)  "Project" means any structure, facility, machinery,
603equipment, or other property suitable for use by a health
604facility in connection with its operations or proposed
605operations, including, without limitation, real property
606therefor; a clinic, computer facility, dining hall, firefighting
607facility, fire prevention facility, long-term care facility,
608hospital, interns' residence, laboratory, laundry, maintenance
609facility, nurses' residence, office, parking area, pharmacy,
610recreational facility, research facility, storage facility,
611utility, or X-ray facility, or any combination of the foregoing;
612and other structure or facility related thereto or required or
613useful for health care purposes, the conducting of research, or
614the operation of a health facility, including a facility or
615structure essential or convenient for the orderly conduct of the
616health facility and other similar items necessary or convenient
617for the operation of a particular facility or structure in the
618manner for which its use is intended. "Project" does not include
619such items as fuel, supplies, or other items which are
620customarily deemed to result in a current operating charge.
621     (4)  "Quality management program" means to monitor and
622evaluate inmate health care and includes the following
624     (a)  Assuring that all inmates receive appropriate and
625timely services in a safe environment.
626     (b)  Assuring systematic monitoring of the treatment
628     (c)  Assisting in the reduction of professional and general
629liability risks.
630     (d)  Enhancing efficient utilization of resources.
631     (e)  Assisting in credential review and privilege
633     (f)  Enhancing the identification of continuing educational
635     (g)  Facilitating the identification of strengths,
636weaknesses, and opportunities for improvement.
637     (h)  Facilitating the coordination and integration of
638information systems.
639     (i)  Assuring the resolution of identified problems.
640     (5)  "Real property" includes all lands, including
641buildings, structures, improvements, and fixtures thereon; any
642property of any nature appurtenant thereto or used in connection
643therewith; and every estate, interest, and right, legal or
644equitable, therein, including any such interest for a term of
646     Section 11.  Section 945.6038, Florida Statutes, is created
647to read:
648     945.6038  Additional services.--The authority is authorized
649to enter into an agreement or may contract with the Department
650of Children and Family Services, subject to the availability of
651funding, to conduct surveys of medical services and to provide
652medical quality assurance and improvement assistance at secure
653confinement and treatment facilities for persons confined under
654part V of chapter 394. The authority may enter into similar
655agreements with other state agencies, subject to the
656availability of funds. The authority may not enter into any such
657agreement if doing so would impair the authority's ability to
658fulfill its obligations with regard to the Department of
659Corrections as set forth in this chapter.
660     Section 12.  Except as otherwise provided herein, this act
661shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.
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