October 20, 2020
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Amendment
Bill No. 1927
Amendment No. 432837
CHAMBER ACTION
Senate House
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1Representative Farkas offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (5) of section 17.41, Florida
6Statutes, is amended to read:
7     17.41  Department of Financial Services Tobacco Settlement
8Clearing Trust Fund.--
9     (5)  The department shall disburse funds, by nonoperating
10transfer, from the Tobacco Settlement Clearing Trust Fund to the
11tobacco settlement trust funds of the various agencies or the
12Biomedical Research Trust Fund in the Department of Health, as
13appropriate, in amounts equal to the annual appropriations made
14from those agencies' trust funds in the General Appropriations
15Act.
16     Section 2.  Subsection (2) and paragraphs (f), (i), and (j)
17of subsection (3) of section 20.43, Florida Statutes, are
18amended, paragraph (k) is added to said subsection, and
19subsection (9) is added to said section, to read:
20     20.43  Department of Health.--There is created a Department
21of Health.
22     (2)(a)  The head of the Department of Health is the
23Secretary of Health and State Health Officer. The secretary must
24be a physician licensed under chapter 458 or chapter 459 who has
25advanced training or extensive experience in public health
26administration. The secretary is appointed by the Governor
27subject to confirmation by the Senate. The secretary serves at
28the pleasure of the Governor.
29     (b)  The Officer of Women's Health Strategy is established
30within the Department of Health and shall report directly to the
31secretary.
32     (3)  The following divisions of the Department of Health
33are established:
34     (f)  Division of Emergency Medical Operations Services and
35Community Health Resources.
36     (i)  Division of Information Technology Resource
37Management.
38     (j)  Division of Health Access Awareness and Tobacco.
39     (k)  Division of Disability Determinations.
40     (9)  There is hereby established within the Department of
41Health the Office of Minority Health.
42     Section 3.  Section 216.341, Florida Statutes, is
43renumbered as section 216.2625, Florida Statutes, and amended to
44read:
45     216.2625 216.341  Disbursement of Department of Health
46county health department trust funds; appropriation of
47authorized positions.--
48     (1)  County health department trust funds may be expended
49by the Department of Health for the respective county health
50departments in accordance with budgets and plans agreed upon by
51the county authorities of each county and the Department of
52Health.
53     (2)  The requirement limitations on appropriations provided
54in s. 216.262(1) that the number of authorized positions must be
55appropriated shall not apply to Department of Health positions
56funded by:
57     (a)  County health department trust funds; or
58     (b)  The United States Trust Fund.
59     Section 4.  Subsection (12) of section 381.0011, Florida
60Statutes, is amended to read:
61     381.0011  Duties and powers of the Department of
62Health.--It is the duty of the Department of Health to:
63     (12)  Maintain Cooperate with other departments, local
64officials, and private organizations in developing and
65implementing a statewide injury prevention control program.
66     Section 5.  Section 381.0033, Florida Statutes, is created
67to read:
68     381.0033  Influenza virus and pneumococcal bacteria
69vaccinations.--Hospitals licensed pursuant to chapter 395 shall
70implement a program to offer immunizations against the influenza
71virus and pneumococcal bacteria to all patients 65 years of age
72or older between October 1, or earlier if the vaccination is
73available, and February 1 of every year, subject to the
74availability of an adequate supply of the necessary vaccine, in
75accordance with the recommendations of the Advisory Committee on
76Immunization Practices of the United States Centers of Disease
77Control and Prevention and subject to the clinical judgment of
78the responsible practitioner.
79     Section 6.  Subsection (17) is added to section 381.006,
80Florida Statutes, to read:
81     381.006  Environmental health.--The department shall
82conduct an environmental health program as part of fulfilling
83the state's public health mission. The purpose of this program
84is to detect and prevent disease caused by natural and manmade
85factors in the environment. The environmental health program
86shall include, but not be limited to:
87     (17)  A function for investigating elevated levels of lead
88in blood. Each participating county health department may expend
89funds for federally mandated certification or recertification
90fees related to conducting investigations of elevated levels of
91lead in blood.
92
93The department may adopt rules to carry out the provisions of
94this section.
95     Section 7.  Paragraph (k) of subsection (2) and paragraphs
96(d) and (e) of subsection (4) of section 381.0065, Florida
97Statutes, are amended, and paragraph (v) is added to subsection
98(4) of said section, to read:
99     381.0065  Onsite sewage treatment and disposal systems;
100regulation.--
101     (2)  DEFINITIONS.--As used in ss. 381.0065-381.0067, the
102term:
103     (k)  "Permanent nontidal surface water body" means a
104perennial stream, a perennial river, an intermittent stream, a
105perennial lake, a submerged marsh or swamp, a submerged wooded
106marsh or swamp, a spring, or a seep, as identified on the most
107recent quadrangle map, 7.5 minute series (topographic), produced
108by the United States Geological Survey, or products derived from
109such series. "Permanent nontidal surface water body" shall also
110mean an artificial surface water body that does not have an
111impermeable bottom and side and that is designed to hold, or
112does hold, visible standing water for at least 180 days of the
113year. However, a nontidal surface water body that is drained,
114either naturally or artificially, where the intent or the result
115is that such drainage be temporary, shall be considered a
116permanent nontidal surface water body. A nontidal surface water
117body that is drained of all visible surface water, where the
118lawful intent or the result of such drainage is that such
119drainage will be permanent, shall not be considered a permanent
120nontidal surface water body. The boundary of a permanent
121nontidal surface water body shall be the mean annual flood line.
122     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
123not construct, repair, modify, abandon, or operate an onsite
124sewage treatment and disposal system without first obtaining a
125permit approved by the department. The department may issue
126permits to carry out this section, but shall not make the
127issuance of such permits contingent upon prior approval by the
128Department of Environmental Protection. A construction permit is
129valid for 18 months from the issuance date and may be extended
130by the department for one 90-day period under rules adopted by
131the department. A repair permit is valid for 90 days from the
132date of issuance. An operating permit must be obtained prior to
133the use of any aerobic treatment unit or if the establishment
134generates commercial waste. Buildings or establishments that use
135an aerobic treatment unit or generate commercial waste shall be
136inspected by the department at least annually to assure
137compliance with the terms of the operating permit. The operating
138permit for a commercial wastewater system is valid for 1 year
139from the date of issuance and must be renewed annually. The
140operating permit for an aerobic treatment unit is valid for 2
141years from the date of issuance and must be renewed every 2
142years. If all information pertaining to the siting, location,
143and installation conditions or repair of an onsite sewage
144treatment and disposal system remains the same, a construction
145or repair permit for the onsite sewage treatment and disposal
146system may be transferred to another person, if the transferee
147files, within 60 days after the transfer of ownership, an
148amended application providing all corrected information and
149proof of ownership of the property. There is no fee associated
150with the processing of this supplemental information. A person
151may not contract to construct, modify, alter, repair, service,
152abandon, or maintain any portion of an onsite sewage treatment
153and disposal system without being registered under part III of
154chapter 489. A property owner who personally performs
155construction, maintenance, or repairs to a system serving his or
156her own owner-occupied single-family residence is exempt from
157registration requirements for performing such construction,
158maintenance, or repairs on that residence, but is subject to all
159permitting requirements. A municipality or political subdivision
160of the state may not issue a building or plumbing permit for any
161building that requires the use of an onsite sewage treatment and
162disposal system unless the owner or builder has received a
163construction permit for such system from the department. A
164building or structure may not be occupied and a municipality,
165political subdivision, or any state or federal agency may not
166authorize occupancy until the department approves the final
167installation of the onsite sewage treatment and disposal system.
168A municipality or political subdivision of the state may not
169approve any change in occupancy or tenancy of a building that
170uses an onsite sewage treatment and disposal system until the
171department has reviewed the use of the system with the proposed
172change, approved the change, and amended the operating permit.
173     (d)  Paragraphs (a) and (b) do not apply to any proposed
174residential subdivision with more than 50 lots or to any
175proposed commercial subdivision with more than 5 lots where a
176publicly owned or investor-owned sewerage system is available.
177It is the intent of this paragraph not to allow development of
178additional proposed subdivisions in order to evade the
179requirements of this paragraph. The department shall report to
180the Legislature by February 1 of each odd-numbered year
181concerning the success in meeting this intent.
182     (e)  Onsite sewage treatment and disposal systems must not
183be placed closer than:
184     1.  Seventy-five feet from a private potable well.
185     2.  Two hundred feet from a public potable well serving a
186residential or nonresidential establishment having a total
187sewage flow of greater than 2,000 gallons per day.
188     3.  One hundred feet from a public potable well serving a
189residential or nonresidential establishment having a total
190sewage flow of less than or equal to 2,000 gallons per day.
191     4.  Fifty feet from any nonpotable well.
192     5.  Ten feet from any storm sewer pipe, to the maximum
193extent possible, but in no instance shall the setback be less
194than 5 feet.
195     6.  Seventy-five feet from the mean high-water line of a
196tidally influenced surface water body.
197     7.  Seventy-five feet from the mean normal annual flood
198line of a permanent nontidal surface water body.
199     8.  Fifteen feet from the design high-water line of
200retention areas, detention areas, or swales designed to contain
201standing or flowing water for less than 72 hours after a
202rainfall or the design high-water level of normally dry drainage
203ditches or normally dry individual lot stormwater retention
204areas.
205     (v)  The department may require the submission of detailed
206system construction plans prepared by a professional engineer
207registered in this state. The department shall establish by rule
208the criteria for determining when such submissions are required.
209     Section 8.  Paragraph (k) of subsection (2) of section
210381.0066, Florida Statutes, is amended to read:
211     381.0066  Onsite sewage treatment and disposal systems;
212fees.--
213     (2)  The minimum fees in the following fee schedule apply
214until changed by rule by the department within the following
215limits:
216     (k)  Research: An additional $5 fee shall be added to each
217new system construction permit issued during fiscal years 1996-
2182004 to be used for onsite sewage treatment and disposal system
219research, demonstration, and training projects. Five dollars
220from any repair permit fee collected under this section shall be
221used for funding the hands-on training centers described in s.
222381.0065(3)(j).
223
224The funds collected pursuant to this subsection must be
225deposited in a trust fund administered by the department, to be
226used for the purposes stated in this section and ss. 381.0065
227and 381.00655.
228     Section 9.  Paragraph (a) of subsection (2), paragraph (a)
229of subsection (3), and paragraph (a) of subsection (4) of
230section 381.0072, Florida Statutes, are amended to read:
231     381.0072  Food service protection.--It shall be the duty of
232the Department of Health to adopt and enforce sanitation rules
233consistent with law to ensure the protection of the public from
234food-borne illness. These rules shall provide the standards and
235requirements for the storage, preparation, serving, or display
236of food in food service establishments as defined in this
237section and which are not permitted or licensed under chapter
238500 or chapter 509.
239     (2)  DUTIES.--
240     (a)  The department shall adopt rules, including
241definitions of terms which are consistent with law prescribing
242minimum sanitation standards and manager certification
243requirements as prescribed in s. 509.039, and which shall be
244enforced in food service establishments as defined in this
245section. The sanitation standards must address the construction,
246operation, and maintenance of the establishment; lighting,
247ventilation, laundry rooms, lockers, use and storage of toxic
248materials and cleaning compounds, and first-aid supplies; plan
249review; design, construction, installation, location,
250maintenance, sanitation, and storage of food equipment and
251utensils; employee training, health, hygiene, and work
252practices; food supplies, preparation, storage, transportation,
253and service, including access to the areas where food is stored
254or prepared; and sanitary facilities and controls, including
255water supply and sewage disposal; plumbing and toilet
256facilities; garbage and refuse collection, storage, and
257disposal; and vermin control. Public and private schools,
258provided that the food service is operated by school employees,
259hospitals licensed under chapter 395, nursing homes licensed
260under part II of chapter 400, child care facilities as defined
261in s. 402.301, and residential facilities colocated with a
262nursing home or hospital if all food is prepared in a central
263kitchen that complies with nursing or hospital regulations, and
264bars and lounges, as defined by rule of the department, shall be
265exempt from the rules developed for manager certification. The
266department shall administer a comprehensive inspection,
267monitoring, and sampling program to ensure such standards are
268maintained. With respect to food service establishments
269permitted or licensed under chapter 500 or chapter 509, the
270department shall assist the Division of Hotels and Restaurants
271of the Department of Business and Professional Regulation and
272the Department of Agriculture and Consumer Services with
273rulemaking by providing technical information.
274     (3)  LICENSES REQUIRED.--
275     (a)  Licenses; annual renewals.--Each food service
276establishment regulated under this section shall obtain a
277license from the department annually. Food service establishment
278licenses shall expire annually and shall not be transferable
279from one place or individual to another. However, those
280facilities licensed by the Department of Children and Family
281Services under department's Office of Licensure and
282Certification, the Child Care Services Program Office and, or
283the Developmental Disabilities Program Office are exempt from
284this subsection. It shall be a misdemeanor of the second degree,
285punishable as provided in s. 381.0061, s. 775.082, or s.
286775.083, for such an establishment to operate without this
287license. The department may refuse a license, or a renewal
288thereof, to any establishment that is not constructed or
289maintained in accordance with law and with the rules of the
290department. Annual application for renewal shall not be
291required.
292     (4)  LICENSE; INSPECTION; FEES.--
293     (a)  The department is authorized to collect fees from
294establishments licensed under this section and from those
295facilities exempted from licensure under paragraph (3)(a). It is
296the intent of the Legislature that the total fees assessed under
297this section be in an amount sufficient to meet the cost of
298carrying out the provisions of this section.
299     Section 10.  Section 381.04015, Florida Statutes, is
300created to read:
301     381.04015  Women's Health Strategy; legislative intent;
302duties of Officer of Women's Health Strategy; other state agency
303duties.--
304     (1)  LEGISLATIVE INTENT.--The Legislature recognizes that
305the health care needs of women are gender specific and that
306public policy must take into account the distinct
307characteristics of women's health issues. Priority shall be
308given to improve the overall health status of women through
309research and education on women's health issues. The Legislature
310recognizes the importance of understanding why there are such
311large differences between how women and men experience certain
312diseases and also recognizes that biomedical research is the key
313to finding these answers. Such research has important
314implications for both women and men in terms of clinical
315practice and disease prevention and manifestation. The
316Legislature recognizes that as the state's population continues
317to age and life expectancy for women continues to rise, it is of
318the utmost importance for the Legislature to encourage effective
319medical research on long-term health issues for women and to
320educate elder women about the importance of participating in
321medical studies. The Legislature finds and declares that the
322design and delivery of health care services and the medical
323education of health care practitioners shall be directed by the
324principle that health care needs are gender specific.
325     (2)  DUTIES.--The Officer of Women's Health Strategy in the
326Department of Health shall:
327     (a)  Ensure that the state's policies and programs are
328responsive to sex and gender differences and to women's health
329needs across the life span.
330     (b)  Organize an interagency Committee for Women's Health
331for the purpose of integrating women's health programs in
332current operating and service delivery structures and setting
333priorities for women's health. Such committee shall be comprised
334of the heads or directors of state agencies with programs
335affecting women's health, including, but not limited to, the
336Department of Health, the Agency for Health Care Administration,
337the Department of Education, the Department of Elderly Affairs,
338the Department of Corrections, the Office of Insurance
339Regulation of the Department of Financial Services, and the
340Department of Juvenile Justice.
341     (c)  Assess the health status of women in the state through
342the collection and review of health data and trends.
343     (d)  Review the state's insurance code as it relates to
344women's health issues.
345     (e)  Work with medical school curriculum committees to
346develop course requirements on women's health and promote
347clinical practice guidelines specific to women.
348     (f)  Organize statewide Women's Health Month activities.
349     (g)  Coordinate a Governor's statewide conference on
350women's health, cosponsored by the agencies participating in the
351Committee for Women's Health and other private organizations and
352entities impacting women's health in the state.
353     (h)  Promote research, treatment, and collaboration on
354women's health issues at universities and medical centers in the
355state.
356     (i)  Promote employer incentives for wellness programs
357targeting women's health programs.
358     (j)  Serve as the primary state resource for women's health
359information.
360     (k)  Develop a statewide women's health plan emphasizing
361collaborative approaches to meeting the health needs of women.
362The plan shall:
363     1.  Identify activities designed to reduce the number of
364premature deaths in women, including:
365     a.  Providing specific strategies for reducing the
366mortality rate of women.
367     b.  Listing conditions that may cause or contribute to
368disease in women and the best methods by which to identify,
369control, and prevent these conditions from developing.
370     c.  Identifying the best methods for ensuring an increase
371in the percentage of women in the state who receive diagnostic
372and screening testing.
373     2.  Provide for increasing research and appropriate funding
374at institutions in the state studying disease in women.
375     3.  Provide recommendations for the development of practice
376guidelines for addressing disease in women.
377     4.  Provide recommendations for reducing health disparities
378among women in all races and ethnic groups.
379     5.  Coordinate with existing program plans that address
380women's health issues.
381     (l)  Promote clinical practice guidelines specific to
382women.
383     (m)  Serve as the state's liaison with other states and
384federal agencies and programs to develop best practices in
385women's health.
386     (n)  Develop a statewide, web-based clearinghouse on
387women's health issues and resources.
388     (o)  Promote public awareness campaigns and education on
389the health needs of women.
390     (p)  By January 15 of each year, provide the Governor, the
391President of the Senate, and the Speaker of the House of
392Representatives a report with policy recommendations for
393implementing the provisions of this section.
394     (3)  DUTIES OF OTHER STATE AGENCIES.--
395     (a)  Women's health issues shall be taken into
396consideration in the annual budget planning of the Department of
397Health, the Agency for Health Care Administration, and the
398Department of Elderly Affairs.
399     (b)  The inclusion of gender considerations and
400differential impact shall be one of the criteria when assessing
401research and demonstration proposals for which state funding is
402being sought from the Department of Health, the Agency for
403Health Care Administration, and the Department of Elderly
404Affairs.
405     (c)  Boards or advisory bodies that fall under the purview
406of the Department of Health, the Agency for Health Care
407Administration, and the Department of Elderly Affairs shall be
408encouraged to seek equal representation of women and men and the
409inclusion of persons who are knowledgeable and sensitive to
410gender and diversity issues.
411     (4)  RESPONSIBILITY AND COORDINATION.--The officer and the
412department shall direct and carry out the Women's Health
413Strategy established under this section in accordance with the
414requirements of this section and may work with the Executive
415Office of the Governor and other state agencies to carry out
416their duties and responsibilities under this section.
417     Section 11.  Section 381.86, Florida Statutes, is created
418to read:
419     381.86  Department of Health Institutional Review Board.--
420     (1)  The Department of Health Institutional Review Board is
421hereby created to satisfy federal requirements under 45 C.F.R.
422part 46 and 21 C.F.R. parts 50 and 56 for an institutional
423review board to review all biomedical and behavioral research on
424human subjects that the department funds or supports in any
425manner, including the permitting of access to department data or
426department resources.
427     (2)  Consistent with federal requirements, the Secretary of
428Health shall determine and appoint the membership on the board
429and designate the chair.
430     (3)  The department's institutional review board may serve
431as an institutional review board for other agencies at the
432discretion of the secretary.
433     (4)  Each board member shall be entitled to per diem and
434travel expenses as provided in s. 112.061 while carrying out the
435official business of the board.
436     (5)  The department shall charge for reasonable costs it
437incurs for the research oversight it provides according to a fee
438schedule, except that students who are candidates for degrees in
439universities located in this state shall have fees waived. The
440fee schedule shall provide for fees for initial review,
441amendments, and continuing review. The department may adopt
442rules as necessary to comply with federal requirements and this
443section. Such rules shall also prescribe procedures to apply for
444review by the institutional review board.
445     Section 12.  Paragraph (e) of subsection (2) of section
446381.7353, Florida Statutes, is amended to read:
447     381.7353  Reducing Racial and Ethnic Health Disparities:
448Closing the Gap grant program; administration; department
449duties.--
450     (2)  The department shall:
451     (e)  Coordinate with existing community-based programs,
452such as chronic disease community intervention programs, cancer
453prevention and control programs, diabetes control programs, oral
454health care programs, the Healthy Start program, the Florida
455KidCare Program, the HIV/AIDS program, immunization programs,
456and other related programs at the state and local levels, to
457avoid duplication of effort and promote consistency.
458     Section 13.  Paragraph (a) of subsection (2) of section
459381.7355, Florida Statutes, is amended to read:
460     381.7355  Project requirements; review criteria.--
461     (2)  A proposal must include each of the following
462elements:
463     (a)  The purpose and objectives of the proposal, including
464identification of the particular racial or ethnic disparity the
465project will address. The proposal must address one or more of
466the following priority areas:
467     1.  Decreasing racial and ethnic disparities in maternal
468and infant mortality rates.
469     2.  Decreasing racial and ethnic disparities in morbidity
470and mortality rates relating to cancer.
471     3.  Decreasing racial and ethnic disparities in morbidity
472and mortality rates relating to HIV/AIDS.
473     4.  Decreasing racial and ethnic disparities in morbidity
474and mortality rates relating to cardiovascular disease.
475     5.  Decreasing racial and ethnic disparities in morbidity
476and mortality rates relating to diabetes.
477     6.  Increasing adult and child immunization rates in
478certain racial and ethnic populations.
479     7.  Decreasing racial and ethnic disparities in oral health
480care.
481     Section 14.  Paragraphs (b) and (c) of subsection (3) of
482section 381.89, Florida Statutes, are amended to read:
483     381.89  Regulation of tanning facilities.--
484     (3)
485     (b)  The department shall establish procedures for the
486issuance and annual renewal of licenses and shall establish
487annual license and renewal fees and late payment fees in an
488amount necessary to cover the expenses of administering this
489section. Annual license and renewal fees shall be not be less
490than $125 nor more than $250 per tanning device, and a maximum
491total fee per individual tanning facility may be set by rule.
492Effective October 1, 1991, the fee amount shall be the minimum
493fee proscribed in this paragraph and such fee amount shall
494remain in effect until the effective date of a fee schedule
495adopted by the department.
496     (c)  The department may adopt a system under which licenses
497expire on staggered dates and the annual renewal fees are
498prorated quarterly monthly to reflect the actual number of
499months the license is valid.
500     Section 15.  Subsection (3) and paragraph (a) of subsection
501(7) of section 381.90, Florida Statutes, are amended to read:
502     381.90  Health Information Systems Council; legislative
503intent; creation, appointment, duties.--
504     (3)  The council shall be composed of the following members
505or their senior executive-level designees:
506     (a)  The Secretary of the Department of Health;
507     (b)  The Executive Director secretary of the Department of
508Veterans' Affairs Business and Professional Regulation;
509     (c)  The Secretary of the Department of Children and Family
510Services;
511     (d)  The Secretary of Health Care Administration;
512     (e)  The Secretary of the Department of Corrections;
513     (f)  The Attorney General;
514     (g)  The executive director of the Correctional Medical
515Authority;
516     (h)  Two members representing county health departments,
517one from a small county and one from a large county, appointed
518by the Governor;
519     (i)  A representative from the Florida Association of
520Counties;
521     (j)  The Chief Financial Officer;
522     (k)  A representative from the Florida Healthy Kids
523Corporation;
524     (l)  A representative from a school of public health chosen
525by the Commissioner of Education Board of Regents;
526     (m)  The Commissioner of Education;
527     (n)  The Secretary of the Department of Elderly Affairs;
528and
529     (o)  The Secretary of the Department of Juvenile Justice.
530
531Representatives of the Federal Government may serve without
532voting rights.
533     (7)  The council's duties and responsibilities include, but
534are not limited to, the following:
535     (a)  By June March 1 of each year, to develop and approve a
536strategic plan pursuant to the requirements set forth in s.
537186.022(9). Copies of the plan shall be transmitted
538electronically or in writing to the Executive Office of the
539Governor, the Speaker of the House of Representatives, and the
540President of the Senate.
541     Section 16.  Subsections (1), (2), and (5) and paragraphs
542(f) and (g) of subsection (3) of section 383.14, Florida
543Statutes, are amended to read:
544     383.14  Screening for metabolic disorders, other hereditary
545and congenital disorders, and environmental risk factors.--
546     (1)  SCREENING REQUIREMENTS.--To help ensure access to the
547maternal and child health care system, the Department of Health
548shall promote the screening of all newborns infants born in
549Florida for phenylketonuria and other metabolic, hereditary, and
550congenital disorders known to result in significant impairment
551of health or intellect, as screening programs accepted by
552current medical practice become available and practical in the
553judgment of the department. The department shall also promote
554the identification and screening of all newborns infants born in
555this state and their families for environmental risk factors
556such as low income, poor education, maternal and family stress,
557emotional instability, substance abuse, and other high-risk
558conditions associated with increased risk of newborn infant
559mortality and morbidity to provide early intervention,
560remediation, and prevention services, including, but not limited
561to, parent support and training programs, home visitation, and
562case management. Identification, perinatal screening, and
563intervention efforts shall begin prior to and immediately
564following the birth of the child by the attending health care
565provider. Such efforts shall be conducted in hospitals,
566perinatal centers, county health departments, school health
567programs that provide prenatal care, and birthing centers, and
568reported to the Office of Vital Statistics.
569     (a)  Prenatal screening.--The department shall develop a
570multilevel screening process that includes a risk assessment
571instrument to identify women at risk for a preterm birth or
572other high-risk condition. The primary health care provider
573shall complete the risk assessment instrument and report the
574results to the Office of Vital Statistics so that the woman may
575immediately be notified and referred to appropriate health,
576education, and social services.
577     (b)  Postnatal screening.--A risk factor analysis using the
578department's designated risk assessment instrument shall also be
579conducted as part of the medical screening process upon the
580birth of a child and submitted to the department's Office of
581Vital Statistics for recording and other purposes provided for
582in this chapter. The department's screening process for risk
583assessment shall include a scoring mechanism and procedures that
584establish thresholds for notification, further assessment,
585referral, and eligibility for services by professionals or
586paraprofessionals consistent with the level of risk. Procedures
587for developing and using the screening instrument, notification,
588referral, and care coordination services, reporting
589requirements, management information, and maintenance of a
590computer-driven registry in the Office of Vital Statistics which
591ensures privacy safeguards must be consistent with the
592provisions and plans established under chapter 411, Pub. L. No.
59399-457, and this chapter. Procedures established for reporting
594information and maintaining a confidential registry must include
595a mechanism for a centralized information depository at the
596state and county levels. The department shall coordinate with
597existing risk assessment systems and information registries. The
598department must ensure, to the maximum extent possible, that the
599screening information registry is integrated with the
600department's automated data systems, including the Florida On-
601line Recipient Integrated Data Access (FLORIDA) system. Tests
602and screenings must be performed by the State Public Health
603Laboratory, in coordination with Children's Medical Services, at
604such times and in such manner as is prescribed by the department
605after consultation with the Genetics and Newborn Infant
606Screening Advisory Council and the State Coordinating Council
607for School Readiness Programs.
608     (c)  Release of screening results.--Notwithstanding any
609other provision of law, the State Public Health Laboratory may
610release, directly or through Children's Medical Services, a
611newborn's hearing screening results and metabolic screening test
612results to the newborn's primary care physician.
613     (2)  RULES.--After consultation with the Genetics and
614Newborn Infant Screening Advisory Council, the department shall
615adopt and enforce rules requiring that every newborn infant born
616in this state shall, prior to becoming 1 week 2 weeks of age, be
617subjected to a test for phenylketonuria and, at the appropriate
618age, be tested for such other metabolic diseases and hereditary
619or congenital disorders as the department may deem necessary
620from time to time. After consultation with the State
621Coordinating Council for School Readiness Programs, the
622department shall also adopt and enforce rules requiring every
623newborn infant born in this state to be screened for
624environmental risk factors that place children and their
625families at risk for increased morbidity, mortality, and other
626negative outcomes. The department shall adopt such additional
627rules as are found necessary for the administration of this
628section, including rules for processing requests and releasing
629test and screening results, rules providing definitions of
630terms, rules relating to the methods used and time or times for
631testing as accepted medical practice indicates, rules relating
632to charging and collecting fees for screenings authorized by
633this section, and rules requiring mandatory reporting of the
634results of tests and screenings for these conditions to the
635department.
636     (3)  DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The
637department shall administer and provide certain services to
638implement the provisions of this section and shall:
639     (f)  Promote the availability of genetic studies and
640counseling in order that the parents, siblings, and affected
641newborns infants may benefit from available knowledge of the
642condition.
643     (g)  Have the authority to charge and collect fees for
644screenings authorized in this section, as follows:
645     1.  A fee of $20 will be charged for each live birth, as
646recorded by the Office of Vital Statistics, occurring in a
647hospital licensed under part I of chapter 395 or a birth center
648licensed under s. 383.305, up to 3,000 live births per licensed
649hospital per year or over 60 births per birth center per year.
650The department shall calculate the annual assessment for each
651hospital and birth center, and this assessment must be paid in
652equal amounts quarterly. Quarterly, the department shall
653generate and mail to each hospital and birth center a statement
654of the amount due.
655     2.  As part of the department's legislative budget request
656prepared pursuant to chapter 216, the department shall submit a
657certification by the department's inspector general, or the
658director of auditing within the inspector general's office, of
659the annual costs of the uniform testing and reporting procedures
660of the newborn infant screening program. In certifying the
661annual costs, the department's inspector general or the director
662of auditing within the inspector general's office shall
663calculate the direct costs of the uniform testing and reporting
664procedures, including applicable administrative costs.
665Administrative costs shall be limited to those department costs
666which are reasonably and directly associated with the
667administration of the uniform testing and reporting procedures
668of the newborn infant screening program.
669
670All provisions of this subsection must be coordinated with the
671provisions and plans established under this chapter, chapter
672411, and Pub. L. No. 99-457.
673     (5)  ADVISORY COUNCIL.--There is established a Genetics and
674Newborn Infant Screening Advisory Council made up of 15 12
675members appointed by the Secretary of Health. The council shall
676be composed of two consumer members, three practicing
677pediatricians, at least one of whom must be a pediatric
678hematologist, one representative from each of the four medical
679schools in the state, the Secretary of Health or his or her
680designee, one representative from the Department of Health
681representing Children's Medical Services, one representative
682from the Florida Hospital Association, one representative with
683experience in newborn screening programs, one representative
684representing audiologists, and one representative from the
685Developmental Disabilities Program Office of the Department of
686Children and Family Services. All appointments shall be for a
687term of 4 years. The chairperson of the council shall be elected
688from the membership of the council and shall serve for a period
689of 2 years. The council shall meet at least semiannually or upon
690the call of the chairperson. The council may establish ad hoc or
691temporary technical advisory groups to assist the council with
692specific topics which come before the council. Council members
693shall serve without pay. Pursuant to the provisions of s.
694112.061, the council members are entitled to be reimbursed for
695per diem and travel expenses. It is the purpose of the council
696to advise the department about:
697     (a)  Conditions for which testing should be included under
698the screening program and the genetics program.;
699     (b)  Procedures for collection and transmission of
700specimens and recording of results.; and
701     (c)  Methods whereby screening programs and genetics
702services for children now provided or proposed to be offered in
703the state may be more effectively evaluated, coordinated, and
704consolidated.
705     Section 17.  Subsection (1) of section 383.402, Florida
706Statutes, is amended to read:
707     383.402  Child abuse death review; State Child Abuse Death
708Review Committee; local child abuse death review committees.--
709     (1)  It is the intent of the Legislature to establish a
710statewide multidisciplinary, multiagency child abuse death
711assessment and prevention system that consists of state and
712local review committees. The state and local review committees
713shall review the facts and circumstances of all deaths of
714children from birth through age 18 which occur in this state as
715the result of verified child abuse or neglect and for whom at
716least one report of abuse or neglect was accepted by the central
717abuse hotline within the Department of Children and Family
718Services. The purpose of the review shall be to:
719     (a)  Achieve a greater understanding of the causes and
720contributing factors of deaths resulting from child abuse.
721     (b)  Whenever possible, develop a communitywide approach to
722address such cases and contributing factors.
723     (c)  Identify any gaps, deficiencies, or problems in the
724delivery of services to children and their families by public
725and private agencies which may be related to deaths that are the
726result of child abuse.
727     (d)  Make and implement recommendations for changes in law,
728rules, and policies, as well as develop practice standards that
729support the safe and healthy development of children and reduce
730preventable child abuse deaths.
731     Section 18.  Subsection (2) of section 391.021, Florida
732Statutes, is amended to read:
733     391.021  Definitions.--When used in this act, unless the
734context clearly indicates otherwise:
735     (2)  "Children with special health care needs" means those
736children who have not reached 21 years of age who have chronic
737physical, developmental, behavioral, or emotional conditions and
738who also require health care and related services of a type or
739amount beyond that which is generally required by children under
740age 21 years whose serious or chronic physical or developmental
741conditions require extensive preventive and maintenance care
742beyond that required by typically healthy children. Health care
743utilization by these children exceeds the statistically expected
744usage of the normal child adjusted for chronological age. These
745children often need complex care requiring multiple providers,
746rehabilitation services, and specialized equipment in a number
747of different settings.
748     Section 19.  Section 391.025, Florida Statutes, is amended
749to read:
750     391.025  Applicability and scope.--
751     (1)  This act applies to health services provided to
752eligible individuals who are:
753     (a)1.  Enrolled in the Medicaid program;
754     2.  Enrolled in the Florida Kidcare program; and
755     3.  Uninsured or underinsured, provided that they meet the
756financial eligibility requirements established in this act, and
757to the extent that resources are appropriated for their care; or
758     (b)  Infants who receive an award of compensation under s.
759766.31(1).
760     (1)(2)  The Children's Medical Services program consists of
761the following components:
762     (a)  The newborn infant metabolic screening program
763established in s. 383.14.
764     (b)  The regional perinatal intensive care centers program
765established in ss. 383.15-383.21.
766     (c)  A federal or state program authorized by the
767Legislature.
768     (d)  The developmental evaluation and intervention program,
769including the Infants and Toddlers Early Intervention Program.
770     (e)  The Children's Medical Services network.
771     (2)(3)  The Children's Medical Services program shall not
772be deemed an insurer and is not subject to the licensing
773requirements of the Florida Insurance Code or the rules adopted
774thereunder, when providing services to children who receive
775Medicaid benefits, other Medicaid-eligible children with special
776health care needs, and children participating in the Florida
777Kidcare program.
778     Section 20.  Section 391.029, Florida Statutes, is amended
779to read:
780     391.029  Program eligibility.--
781     (1)  The department shall establish the medical criteria to
782determine if an applicant for the Children's Medical Services
783program is an eligible individual.
784     (2)  The following individuals are financially eligible to
785receive services through for the program:
786     (a)  A high-risk pregnant female who is eligible for
787Medicaid.
788     (b)  Children A child with special health care needs from
789birth to age 21 years of age who are is eligible for Medicaid.
790     (c)  Children A child with special health care needs from
791birth to age 19 years of age who are is eligible for a program
792under Title XXI of the Social Security Act.
793     (3)  Subject to the availability of funds, the following
794individuals may receive services through the program:
795     (a)(d)  Children A child with special health care needs
796from birth to age 21 years of age whose family income is above
797financial eligibility requirements under Title XXI of the Social
798Security Act and whose projected annual cost of care adjusts the
799family income to Medicaid financial criteria. In cases where the
800family income is adjusted based on a projected annual cost of
801care, the family shall participate financially in the cost of
802care based on criteria established by the department.
803     (b)(e)  Children A child with special health care needs
804from birth to 21 years of age, as provided defined in Title V of
805the Social Security Act relating to children with special health
806care needs.
807     (c)(f)  An infant who receives an award of compensation
808under s. 766.31(1). The Florida Birth-Related Neurological
809Injury Compensation Association shall reimburse the Children's
810Medical Services Network the state's share of funding, which
811must thereafter be used to obtain matching federal funds under
812Title XXI of the Social Security Act.
813
814The department may continue to serve certain children with
815special health care needs who are 21 years of age or older and
816who were receiving services from the program prior to April 1,
8171998. Such children may be served by the department until July
8181, 2000.
819     (4)(3)  The department shall determine the financial and
820medical eligibility of children for the program. The department
821shall also determine the financial ability of the parents, or
822persons or other agencies having legal custody over such
823individuals, to pay the costs of health services under the
824program. The department may pay reasonable travel expenses
825related to the determination of eligibility for or the provision
826of health services.
827     (5)(4)  Any child who has been provided with surgical or
828medical care or treatment under this act prior to being adopted
829shall continue to be eligible to be provided with such care or
830treatment after his or her adoption, regardless of the financial
831ability of the persons adopting the child.
832     Section 21.  Subsection (4) is added to section 391.035,
833Florida Statutes, to read:
834     391.035  Provider qualifications.--
835     (4)  Notwithstanding any other provision of law, the
836department may contract with health care providers licensed in
837another state to provide health services to participants in the
838Children's Medical Services program when necessary due to an
839emergency, the availability of specialty services, or a greater
840convenience to the participant for receiving timely and
841effective health care services. The department may adopt rules
842to administer this subsection.
843     Section 22.  Subsection (4) is added to section 391.055,
844Florida Statutes, to read:
845     391.055  Service delivery systems.--
846     (4)  If a newborn has an abnormal screening result for
847metabolic or other hereditary and congenital disorders which is
848identified through the newborn screening program pursuant to s.
849383.14, the newborn shall be referred to Children's Medical
850Services for additional testing, medical management, early
851intervention services, or medical referral.
852     Section 23.  Subsection (4) of section 391.301, Florida
853Statutes, is renumbered as subsection (3), and present
854subsection (3) of said section is amended to read:
855     391.301  Developmental evaluation and intervention
856programs; legislative findings and intent.--
857     (3)  It is the intent of the Legislature to provide a
858statewide coordinated program to screen, diagnose, and manage
859high-risk infants identified as hearing-impaired. The program
860shall develop criteria to identify infants who are at risk of
861having hearing impairments, and shall ensure that all parents or
862guardians of newborn infants are provided with materials
863regarding hearing impairments prior to discharge of the newborn
864infants from the hospital.
865     Section 24.  Subsections (4), (5), and (6) of section
866391.302, Florida Statutes, are renumbered as subsections (2),
867(3), and (4), respectively, and present subsections (2) and (3)
868of said section are amended to read:
869     391.302  Definitions.--As used in ss. 391.301-391.307, the
870term:
871     (2)  "Hearing-impaired infant" means an infant who is born
872with or who has acquired prelingually a hearing loss so severe
873that, unaided, the infant cannot learn speech and language
874through normal means.
875     (3)  "High-risk hearing-impaired infant" means an infant
876who exhibits conditions and factors that include, but are not
877limited to, a family history of hearing impairment or anatomic
878malformation which place the infant at an increased risk for
879hearing impairment.
880     Section 25.  Section 391.303, Florida Statutes, is amended
881to read:
882     391.303  Program requirements.--
883     (1)  Developmental evaluation and intervention services
884shall be established at each hospital that provides Level II or
885Level III neonatal intensive care services. Program services
886shall be made available to an infant or toddler identified as
887being at risk for developmental disabilities, or identified as
888medically involved, who, along with his or her family, would
889benefit from program services. Program services shall be made
890available to infants or toddlers in a Level II or Level III
891neonatal intensive care unit or in a pediatric intensive care
892unit, infants who are identified as being at high risk for
893hearing impairment or who are hearing-impaired, or infants who
894have a metabolic or genetic disorder or condition identified
895through the newborn screening program. The developmental
896evaluation and intervention programs are subject to the
897availability of moneys and the limitations established by the
898General Appropriations Act or chapter 216. Hearing screening,
899Evaluation and referral services, and initial developmental
900assessments services shall be provided to each infant or
901toddler. Other program services may be provided to an infant or
902toddler, and the family of the infant or toddler, who do not
903meet the financial eligibility criteria for the Children's
904Medical Services program based on the availability of funding,
905including insurance and fees.
906     (2)  Each developmental evaluation and intervention program
907shall have a program director, a medical director, and necessary
908staff to carry out the program. The program director shall
909establish and coordinate the developmental evaluation and
910intervention program. The program shall include, but is not
911limited to:
912     (a)  In-hospital evaluation and intervention services,
913parent support and training, and family support planning and
914case management.
915     (b)  Screening and evaluation services to identify each
916infant at risk of hearing impairment, and a medical and
917educational followup and care management program for an infant
918who is identified as hearing-impaired, with management beginning
919as soon after birth as practicable. The medical management
920program must include the genetic evaluation of an infant
921suspected to have genetically determined deafness and an
922evaluation of the relative risk.
923     (b)(c)  Regularly held multidisciplinary team meetings to
924develop and update the family support plan. In addition to the
925family, a multidisciplinary team may include a physician,
926physician assistant, psychologist, psychotherapist, educator,
927social worker, nurse, physical or occupational therapist, speech
928pathologist, developmental evaluation and intervention program
929director, case manager, others who are involved with the in-
930hospital and posthospital discharge care plan, and anyone the
931family wishes to include as a member of the team. The family
932support plan is a written plan that describes the infant or
933toddler, the therapies and services the infant or toddler and
934his or her family need, and the intended outcomes of the
935services.
936     (c)(d)  Discharge planning by the multidisciplinary team,
937including referral and followup to primary medical care and
938modification of the family support plan.
939     (d)(e)  Education and training for neonatal and pediatric
940intensive care services staff, volunteers, and others, as
941needed, in order to expand the services provided to high-risk,
942developmentally disabled, or medically involved, or hearing-
943impaired infants and toddlers and their families.
944     (e)(f)  Followup intervention services after hospital
945discharge, to aid the family and the high-risk, developmentally
946disabled, or medically involved, or hearing-impaired infant's or
947toddler's transition into the community. Support services shall
948be coordinated at the request of the family and within the
949context of the family support plan.
950     (f)(g)  Referral to and coordination of services with
951community providers.
952     (g)(h)  Educational materials about infant care, infant
953growth and development, community resources, medical conditions
954and treatments, and family advocacy. Materials regarding hearing
955impairments shall be provided to each parent or guardian of a
956hearing-impaired infant or toddler.
957     (h)(i)  Involvement of the parents and guardians of each
958identified high-risk, developmentally disabled, or medically
959involved, or hearing-impaired infant or toddler.
960     Section 26.  Subsections (3) through (6) of section
961391.305, Florida Statutes, are renumbered as subsections (2)
962through (5), respectively, and present subsection (2) of said
963section is amended to read:
964     391.305  Program standards; rules.--
965     (2)  Criteria and procedures for screening, identifying,
966and diagnosing hearing-impaired infants.
967     Section 27.  Section 391.308, Florida Statutes, is created
968to read:
969     391.308  Infants and Toddlers Early Intervention
970program.--The Department of Health may implement and administer
971The Department of Health may implement and administer Part C of
972the federal Individuals with Disabilities Education Act (IDEA).
973     (1)  The department, jointly with the Department of
974Education, shall annually prepare a grant application to the
975United States Department of Education for funding early
976intervention services for infants and toddlers with
977disabilities, ages birth through 36 months, and their families
978pursuant to Part C of the federal Individuals with Disabilities
979Education Act.
980     (2)  The department, jointly with the Department of
981Education, shall include a reading initiative as an early
982intervention service for infants and toddlers.
983     Section 28.  Subsection (1) of section 395.003, Florida
984Statutes, is amended to read:
985     395.003  Licensure; issuance, renewal, denial,
986modification, suspension, and revocation.--
987     (1)(a)  A No person may not shall establish, conduct, or
988maintain a hospital, ambulatory surgical center, or mobile
989surgical facility in this state without first obtaining a
990license under this part.
991     (b)1.  It is unlawful for a any person to use or advertise
992to the public, in any way or by any medium whatsoever, any
993facility as a "hospital," "ambulatory surgical center," or
994"mobile surgical facility" unless the such facility has first
995secured a license under the provisions of this part.
996     2.  Nothing in This part does not apply applies to
997veterinary hospitals or to commercial business establishments
998using the word "hospital," "ambulatory surgical center," or
999"mobile surgical facility" as a part of a trade name if no
1000treatment of human beings is performed on the premises of such
1001establishments.
1002     3.  By December 31, 2004, the Agency for Health Care
1003Administration shall submit a report to the President of the
1004Senate and to the Speaker of the House of Representatives
1005containing the agency's recommendations as to whether it is in
1006the public interest to allow a hospital to license or operate an
1007emergency department located off premises of the licensed
1008hospital. In the event the agency finds it to be in the public
1009interest, the report shall also recommend licensure criteria for
1010such medical facilities, including, but not limited to, criteria
1011related to quality of care and criteria related to, if deemed
1012necessary by the agency, the elimination of the possibility of
1013public confusion related to the service capabilities of such a
1014medical facility in comparison to the service capabilities of an
1015emergency department located on the premises of the hospital.
1016Until July 1, 2005, no additional emergency departments located
1017off the premises of a licensed hospital shall be authorized.
1018     Section 29.  Subsections (3) and (4) of section 395.1027,
1019Florida Statutes, are renumbered as subsections (4) and (5),
1020respectively, and a new subsection (3) is added to said section
1021to read:
1022     395.1027  Regional poison control centers.--
1023     (3)  Upon request, a licensed facility shall release to a
1024regional poison control center any patient information that is
1025necessary for case management of poison cases.
1026     Section 30.  Section 395.404, Florida Statutes, is amended
1027to read:
1028     395.404  Review of trauma registry data; report to central
1029registry; confidentiality and limited release.--
1030     (1)(a)  Each trauma center shall furnish, and all acute
1031care hospitals, upon request of the department, shall furnish
1032for department review, trauma registry data as prescribed by
1033rule of the department for the purpose of monitoring patient
1034outcome and ensuring compliance with the standards of approval.
1035     (b)(3)  Trauma registry data obtained pursuant to this
1036subsection section are confidential and exempt from the
1037provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1038Constitution. However, the department may provide such trauma
1039registry data to the person, trauma center, pediatric trauma
1040referral center, hospital, emergency medical service provider,
1041local or regional trauma agency, medical examiner, or other
1042entity from which the data were obtained. The department may
1043also use or provide trauma registry data for purposes of
1044research in accordance with the provisions of chapter 405.
1045     (2)  Each trauma center, pediatric trauma referral center,
1046and acute care hospital shall report to the department's brain
1047and spinal cord injury central registry consistent with the
1048procedures and timeframes under s. 381.74 any person who has a
1049moderate to severe brain or spinal cord injury and shall include
1050the name, age, residence, and type of disability of the
1051individual and such additional information as may be deemed
1052necessary by the department. Notwithstanding the provisions of
1053s. 381.74, each trauma center and acute care hospital shall
1054submit severe disability and head-injury registry data to the
1055department as provided by rule. Each trauma center and acute
1056care hospital shall continue to provide initial notification of
1057persons who have severe disabilities and head injuries to the
1058Department of Health within timeframes provided in chapter 413.
1059Such initial notification shall be made in the manner prescribed
1060by the Department of Health for the purpose of providing timely
1061vocational rehabilitation services to the severely disabled or
1062head-injured person.
1063     Section 31.  Subsections (3) and (4) of section 400.9905,
1064Florida Statutes, are renumbered as subsections (4) and (5),
1065respectively, and amended, and new subsections (3), (6), and (7)
1066are added to said section, to read:
1067     400.9905  Definitions.--
1068     (3)  "Chief financial officer" means an individual who has
1069a bachelor's degree from an accredited university in accounting
1070or finance, or a related field, and who is the person
1071responsible for the preparation of a clinic's billing.
1072     (4)(3)  "Clinic" means an entity at which health care
1073services are provided to individuals and which tenders charges
1074for reimbursement for such services, including a mobile clinic
1075and a portable equipment provider. For purposes of this part,
1076the term does not include and the licensure requirements of this
1077part do not apply to:
1078     (a)  Entities licensed or registered by the state under
1079chapter 395; or entities licensed or registered by the state and
1080providing only health care services within the scope of services
1081authorized under their respective licenses granted under s.
1082383.30-383.335, chapter 390, chapter 394, chapter 395, chapter
1083397, this chapter except part XIII, chapter 463, chapter 465,
1084chapter 466, chapter 478, part I of chapter 483 chapter 480,
1085chapter 484, or chapter 651; end-stage renal disease providers
1086authorized under 42 C.F.R. part 405, subpart U; or providers
1087certified under 42 C.F.R. part 485, subpart B or subpart H, or
1088any entity that provides neonatal or pediatric hospital-based
1089healthcare services by licensed practitioners solely within a
1090hospital licensed under chapter 395.
1091     (b)  Entities that own, directly or indirectly, entities
1092licensed or registered by the state pursuant to chapter 395; or
1093entities that own, directly or indirectly, entities licensed or
1094registered by the state and providing only health care services
1095within the scope of services authorized pursuant to their
1096respective licenses granted under s. 383.30-383.335, chapter
1097390, chapter 394, chapter 395, chapter 397, this chapter except
1098part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1099part I of chapter 483 chapter 480, chapter 484, or chapter 651,
1100end-stage renal disease providers authorized under 42 C.F.R.
1101part 405, subpart U, or providers certified under 42 C.F.R. part
1102485, subpart B or subpart H, or any entity that provides
1103neonatal or pediatric hospital-based healthcare services by
1104licensed practitioners solely within a hospital licensed under
1105chapter 395.
1106     (c)  Entities that are owned, directly or indirectly, by an
1107entity licensed or registered by the state pursuant to chapter
1108395; or entities that are owned, directly or indirectly, by an
1109entity licensed or registered by the state and providing only
1110health care services within the scope of services authorized
1111pursuant to their respective licenses granted under s. 383.30-
1112383.335, chapter 390, chapter 394, chapter 395, chapter 397,
1113this chapter except part XIII, chapter 463, chapter 465, chapter
1114466, chapter 478, part I of chapter 483 chapter 480, chapter
1115484, or chapter 651; end-stage renal disease providers
1116authorized under 42 C.F.R. part 405, subpart U; or providers
1117certified under 42 C.F.R. part 485, subpart B or subpart H, or
1118any entity that provides neonatal or pediatric hospital-based
1119healthcare services by licensed practitioners solely within a
1120hospital under chapter 395.
1121     (d)  Entities that are under common ownership, directly or
1122indirectly, with an entity licensed or registered by the state
1123pursuant to chapter 395; or entities that are under common
1124ownership, directly or indirectly, with an entity licensed or
1125registered by the state and providing only health care services
1126within the scope of services authorized pursuant to their
1127respective licenses granted under s. 383.30-383.335, chapter
1128390, chapter 394, chapter 395, chapter 397, this chapter except
1129part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
1130part I of chapter 483 480, chapter 484, or chapter 651; end-
1131stage renal disease providers authorized under 42 C.F.R. part
1132405, subpart U; or providers certified under 42 C.F.R. part 485,
1133subpart B or subpart H or any entity that provides neonatal or
1134pediatric hospital-based healthcare services by licensed
1135practitioners solely within a hospital licensed under chapter
1136395.
1137     (e)  An entity that is exempt from federal taxation under
113826 U.S.C. s. 501(c)(3) or s. 501(c)(4) and any community college
1139or university clinic, and any entity owned or operated by
1140federal or state government, including agencies, subdivisions,
1141or municipalities thereof.
1142     (f) A sole proprietorship, group practice, partnership, or
1143corporation that provides health care services by physicians
1144covered by s. 627.419, that is directly supervised by one or
1145more of such physicians, and that is wholly owned by one or more
1146of those physicians or by a physician and the spouse, child, or
1147sibling of that physician.
1148     (g)(f)  A sole proprietorship, group practice, partnership,
1149or corporation that provides health care services by licensed
1150health care practitioners under chapter 457, chapter 458,
1151chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
1152chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
1153chapter 490, chapter 491, or part I, part III, part X, part
1154XIII, or part XIV of chapter 468, or s. 464.012, which are
1155wholly owned by one or more a licensed health care practitioners
1156practitioner, or the licensed health care practitioners set
1157forth in this paragraph practitioner and the spouse, parent, or
1158child, or sibling of a licensed health care practitioner, so
1159long as one of the owners who is a licensed health care
1160practitioner is supervising the business activities services
1161performed therein and is legally responsible for the entity's
1162compliance with all federal and state laws. However, a health
1163care practitioner may not supervise services beyond the scope of
1164the practitioner's license, except that, for the purposes of
1165this part, a clinic owned by a licensee in s. 456.053(3)(b) that
1166provides only services authorized pursuant to s. 456.053(3)(b)
1167may be supervised by a licensee specified in s. 456.053(3)(b).
1168     (h)(g)  Clinical facilities affiliated with an accredited
1169medical school at which training is provided for medical
1170students, residents, or fellows.
1171     (i)  Entities that provide only oncology or radiation
1172therapy services by physicians licensed under chapter 458 or
1173chapter 459.
1174     (5)(4)  "Medical director" means a physician who is
1175employed or under contract with a clinic and who maintains a
1176full and unencumbered physician license in accordance with
1177chapter 458, chapter 459, chapter 460, or chapter 461. However,
1178if the clinic does not provide services pursuant to the
1179respective physician practices acts listed in this subsection,
1180it is limited to providing health care services pursuant to
1181chapter 457, chapter 484, chapter 486, chapter 490, or chapter
1182491 or part I, part III, part X, part XIII, or part XIV of
1183chapter 468, the clinic may appoint a Florida-licensed health
1184care practitioner who does not provide services pursuant to the
1185respective physician practices acts listed in this subsection
1186licensed under that chapter to serve as a clinic director who is
1187responsible for the clinic's activities. A health care
1188practitioner may not serve as the clinic director if the
1189services provided at the clinic are beyond the scope of that
1190practitioner's license, except that a licensee specified in s.
1191456.053(3)(b) who provides only services authorized pursuant to
1192s. 456.053(3)(b) may serve as clinic director of an entity
1193providing services as specified in s. 456.053(3)(b).
1194     (6)  "Mobile clinic" means a movable or detached self-
1195contained health care unit within or from which direct health
1196care services are provided to individuals and which otherwise
1197meets the definition of a clinic in subsection (4).
1198     (7)  "Portable equipment provider" means an entity that
1199contracts with or employs persons to provide portable equipment
1200to multiple locations performing treatment or diagnostic testing
1201of individuals, that bills third-party payors for those
1202services, and that otherwise meets the definition of a clinic in
1203subsection (4).
1204     Section 32.  The creation of s. 400.9905(4)(i), Florida
1205Statutes, by this act is intended to clarify the legislative
1206intent of this provision as it existed at the time the
1207provisions initially took effect as ss. 456.0375(1)(b) and
1208400.9905(4)(i), Florida Statutes, as created by this act, shall
1209operate retroactively to October 1, 2001. Nothing in this
1210section shall be construed as amending, modifying, limiting, or
1211otherwise affecting in any way the legislative intent, scope,
1212terms, prohibition, or requirements of s. 456.053, Florida
1213Statutes.
1214     Section 33.  Subsections (1), (2), and (3) and paragraphs
1215(a) and (b) of subsection (7) of section 400.991, Florida
1216Statutes, are amended to read:
1217     400.991  License requirements; background screenings;
1218prohibitions.--
1219     (1)(a)  Each clinic, as defined in s. 400.9905, must be
1220licensed and shall at all times maintain a valid license with
1221the agency. Each clinic location shall be licensed separately
1222regardless of whether the clinic is operated under the same
1223business name or management as another clinic.
1224     (b)  Each mobile clinic must obtain a separate health care
1225clinic license and clinics must provide to the agency, at least
1226quarterly, its their projected street location locations to
1227enable the agency to locate and inspect such clinic clinics. A
1228portable equipment provider must obtain a health care clinic
1229license for a single administrative office and is not required
1230to submit quarterly projected street locations.
1231     (2)  The initial clinic license application shall be filed
1232with the agency by all clinics, as defined in s. 400.9905, on or
1233before July March 1, 2004. A clinic license must be renewed
1234biennially.
1235     (3)  Applicants that submit an application on or before
1236July March 1, 2004, which meets all requirements for initial
1237licensure as specified in this section shall receive a temporary
1238license until the completion of an initial inspection verifying
1239that the applicant meets all requirements in rules authorized in
1240s. 400.9925. However, a clinic engaged in magnetic resonance
1241imaging services may not receive a temporary license unless it
1242presents evidence satisfactory to the agency that such clinic is
1243making a good faith effort and substantial progress in seeking
1244accreditation required under s. 400.9935.
1245     (7)  Each applicant for licensure shall comply with the
1246following requirements:
1247     (a)  As used in this subsection, the term "applicant" means
1248individuals owning or controlling, directly or indirectly, 5
1249percent or more of an interest in a clinic; the medical or
1250clinic director, or a similarly titled person who is responsible
1251for the day-to-day operation of the licensed clinic; the
1252financial officer or similarly titled individual who is
1253responsible for the financial operation of the clinic; and
1254licensed health care practitioners medical providers at the
1255clinic.
1256     (b)  Upon receipt of a completed, signed, and dated
1257application, the agency shall require background screening of
1258the applicant, in accordance with the level 2 standards for
1259screening set forth in chapter 435. Proof of compliance with the
1260level 2 background screening requirements of chapter 435 which
1261has been submitted within the previous 5 years in compliance
1262with any other health care licensure requirements of this state
1263is acceptable in fulfillment of this paragraph. Applicants who
1264own less than 10 percent of a health care clinic are not
1265required to submit fingerprints under this section.
1266     Section 34.  Paragraph (g) of subsection (1), subsection
1267(9), and paragraph (b) of subsection (11) of section 400.9935,
1268Florida Statutes, are amended to read:
1269     400.9935  Clinic responsibilities.--
1270     (1)  Each clinic shall appoint a medical director or clinic
1271director who shall agree in writing to accept legal
1272responsibility for the following activities on behalf of the
1273clinic. The medical director or the clinic director shall:
1274     (g)  Conduct systematic reviews of clinic billings to
1275ensure that the billings are not fraudulent or unlawful. Upon
1276discovery of an unlawful charge, the medical director or clinic
1277director shall take immediate corrective action. If the clinic
1278performs only the technical component of magnetic resonance
1279imaging, static radiographs, computed tomography, or positron
1280emission tomography and provides the professional interpretation
1281of such services, in a fixed facility that is accredited by the
1282Joint Commission on Accreditation of Healthcare Organizations or
1283the Accreditation Association for Ambulatory Health Care and the
1284American College of Radiology, and if, in the preceding quarter,
1285the percentage of scans performed by that clinic that were
1286billed to a personal injury protection insurance carrier was
1287less than 15 percent, the chief financial officer of the clinic
1288may, in a written acknowledgment provided to the agency, assume
1289the responsibility for the conduct of the systematic reviews of
1290clinic billings to ensure that the billings are not fraudulent
1291or unlawful.
1292     (9)  Any person or entity providing health care services
1293which is not a clinic, as defined under s. 400.9905, may
1294voluntarily apply for a certificate of exemption from licensure
1295under its exempt status with the agency on a form that sets
1296forth its name or names and addresses, a statement of the
1297reasons why it cannot be defined as a clinic, and other
1298information deemed necessary by the agency. An exemption is not
1299transferable. The agency may charge an applicant for a
1300certificate of exemption in an amount equal to $100 or the
1301actual cost of processing the certificate, whichever is less.
1302     (11)
1303     (b)  The agency may deny disallow the application or revoke
1304the license of any entity formed for the purpose of avoiding
1305compliance with the accreditation provisions of this subsection
1306and whose principals were previously principals of an entity
1307that was unable to meet the accreditation requirements within
1308the specified timeframes. The agency may adopt rules as to the
1309accreditation of magnetic resonance imaging clinics.
1310     Section 35.  Subsections (1) and (3) of section 400.995,
1311Florida Statutes, are amended, and a new subsection (10) is
1312added to said section, to read:
1313     400.995  Agency administrative penalties.--
1314     (1)  The agency may deny the application for a license
1315renewal, revoke or suspend the license, and impose
1316administrative fines penalties against clinics of up to $5,000
1317per violation for violations of the requirements of this part or
1318rules of the agency. In determining if a penalty is to be
1319imposed and in fixing the amount of the fine, the agency shall
1320consider the following factors:
1321     (a)  The gravity of the violation, including the
1322probability that death or serious physical or emotional harm to
1323a patient will result or has resulted, the severity of the
1324action or potential harm, and the extent to which the provisions
1325of the applicable laws or rules were violated.
1326     (b)  Actions taken by the owner, medical director, or
1327clinic director to correct violations.
1328     (c)  Any previous violations.
1329     (d)  The financial benefit to the clinic of committing or
1330continuing the violation.
1331     (3)  Any action taken to correct a violation shall be
1332documented in writing by the owner, medical director, or clinic
1333director of the clinic and verified through followup visits by
1334agency personnel. The agency may impose a fine and, in the case
1335of an owner-operated clinic, revoke or deny a clinic's license
1336when a clinic medical director or clinic director knowingly
1337fraudulently misrepresents actions taken to correct a violation.
1338     (10)  If the agency issues a notice of intent to deny a
1339license application after a temporary license has been issued
1340pursuant to s. 400.991(3), the temporary license shall expire on
1341the date of the notice and may not be extended during any
1342proceeding for administrative or judicial review pursuant to
1343chapter 120.
1344     Section 36.  The Agency for Health Care Administration is
1345directed to make refunds to applicants that submitted their
1346health care clinic licensure fees and applications but were
1347subsequently exempted from licensure by this act as follows:
1348     (1)  Seventy-five percent of the application fee if the
1349temporary license has not been issued;
1350     (2)  Fifty percent of the application fee if the temporary
1351license has been issued but the inspection has not been
1352completed; or
1353     (3)  No refund if the inspection has been completed.
1354     Section 37.  Any person or entity defined as a clinic under
1355s. 400.9905, Florida Statutes, shall not be in violation of part
1356XIII of chapter 400, Florida Statutes, due to failure to apply
1357for a clinic license by March 1, 2004, as previously required by
1358s. 400.991, Florida Statutes. Payment to any such person or
1359entity by an insurer or other person liable for payment to such
1360person or entity may not be denied on the grounds that the
1361person or entity failed to apply for or obtain a clinic license
1362before March 1, 2004.
1363     Section 38.  Section 33 of this act shall apply
1364retroactively to March 1, 2004.
1365     Section 39.  Section 401.211, Florida Statutes, is amended
1366to read:
1367     401.211  Legislative intent.--The Legislature recognizes
1368that the systematic provision of emergency medical services
1369saves lives and reduces disability associated with illness and
1370injury. In addition, that system of care must be equally capable
1371of assessing, treating, and transporting children, adults, and
1372frail elderly persons. Further, it is the intent of the
1373Legislature to encourage the development and maintenance of
1374emergency medical services because such services are essential
1375to the health and well-being of all citizens of the state. The
1376Legislature also recognizes that the establishment of a
1377comprehensive statewide injury prevention program supports state
1378and community health systems by further enhancing the total
1379delivery system of emergency medical services and reduces
1380injuries for all persons. The purpose of this part is to protect
1381and enhance the public health, welfare, and safety through the
1382establishment of an emergency medical services state plan, an
1383advisory council, a comprehensive statewide injury prevention
1384program, minimum standards for emergency medical services
1385personnel, vehicles, services and medical direction, and the
1386establishment of a statewide inspection program created to
1387monitor the quality of patient care delivered by each licensed
1388service and appropriately certified personnel.
1389     Section 40.  Section 401.243, Florida Statutes, is created
1390to read:
1391     401.243  Injury prevention.--The department shall establish
1392an injury prevention program which shall be responsible for the
1393statewide coordination and expansion of injury prevention
1394activities. The duties of the program may include, but are not
1395limited to, data collection, surveillance, education, and the
1396promotion of interventions. In addition, the program may:
1397     (1)  Provide communities, county health departments, and
1398other state agencies with injury prevention expertise and
1399guidance.
1400     (2)  Seek, receive, and expend funds received from grants,
1401donations, or contributions from public or private sources for
1402program purposes.
1403     (3)  Develop, and revise as necessary, a comprehensive
1404state plan for injury prevention.
1405     (4)  Adopt rules governing the implementation of grant
1406programs. Rules may include, but need not be limited to,
1407criteria regarding the application process, the selection of
1408grantees, the implementation of injury prevention activities,
1409data collection, surveillance, education, and the promotion of
1410interventions.
1411     Section 41.  Subsection (4) of section 404.056, Florida
1412Statutes, is amended to read:
1413     404.056  Environmental radiation standards and projects;
1414certification of persons performing measurement or mitigation
1415services; mandatory testing; notification on real estate
1416documents; rules.--
1417     (4)  MANDATORY TESTING.--All public and private school
1418buildings or school sites housing students in kindergarten
1419through grade 12; all state-owned, state-operated, state-
1420regulated, or state-licensed 24-hour care facilities; and all
1421state-licensed day care centers for children or minors which are
1422located in counties designated within the Department of
1423Community Affairs' Florida Radon Protection Map Categories as
1424"Intermediate" or "Elevated Radon Potential" shall be measured
1425to determine the level of indoor radon, using measurement
1426procedures established by the department. Initial measurements
1427Testing shall be conducted completed within the first year of
1428construction in 20 percent of the habitable first floor spaces
1429within any of the regulated buildings and. Initial measurements
1430shall be completed and reported to the department within 1 by
1431July 1 of the year after the date the building is opened for
1432occupancy or within 1 year after license approval for the entity
1433residing in the existing building. Followup testing must be
1434completed in 5 percent of the habitable first floor spaces
1435within any of the regulated buildings after the building has
1436been occupied for 5 years, and results must be reported to the
1437department by the 1st day July 1 of the 6th 5th year of
1438occupancy. After radon measurements have been made twice,
1439regulated buildings need not undergo further testing unless
1440significant structural changes occur. No funds collected
1441pursuant to s. 553.721 shall be used to carry out the provisions
1442of this subsection.
1443     Section 42.  Subsection (1) and paragraph (g) of subsection
1444(3) of section 468.302, Florida Statutes, are amended to read:
1445     468.302  Use of radiation; identification of certified
1446persons; limitations; exceptions.--
1447     (1)  Except as hereinafter provided, no person shall use
1448radiation or otherwise practice radiologic technology on a human
1449being unless he or she:
1450     (a)  Is a licensed practitioner; or
1451     (b)  Is the holder of a certificate, as provided in this
1452part, and is operating under the direct supervision or general
1453supervision of a licensed practitioner in each particular case.
1454     (3)
1455     (g)1.  A person holding a certificate as a nuclear medicine
1456technologist may only:
1457     a.  Conduct in vivo and in vitro measurements of
1458radioactivity and administer radiopharmaceuticals to human
1459beings for diagnostic and therapeutic purposes.
1460     b.  Administer X-radiation from a combination nuclear
1461medicine-computed tomography device if that radiation is
1462administered as an integral part of a nuclear medicine procedure
1463that uses an automated computed tomography protocol for the
1464purposes of attenuation correction and anatomical localization
1465and the person has received device-specific training on the
1466combination device.
1467     2.  However, The authority of a nuclear medicine
1468technologist under this paragraph excludes:
1469     a.  Radioimmunoassay and other clinical laboratory testing
1470regulated pursuant to chapter 483.
1471     b.  Creating or modifying automated computed tomography
1472protocols.
1473     c.  Any other operation of a computed tomography device,
1474especially for the purposes of stand-alone diagnostic imaging,
1475which must be performed by a general radiographer certified
1476under this part.
1477     Section 43.  Section 468.304, Florida Statutes, is amended
1478to read:
1479     468.304  Certification examination; admission.--The
1480department shall certify admit to examination for certification
1481any applicant who meets the following criteria:
1482     (1)  Pays to the department a nonrefundable fee not to
1483exceed $100 plus the actual per-applicant cost to the department
1484for purchasing the examination from a national organization.
1485     (2)  Submits a completed application on a form specified by
1486the department. An incomplete application shall expire 6 months
1487after initial filing. The application shall require the social
1488security number of the applicant. Each applicant shall notify
1489the department in writing of his or her current mailing address.
1490Notwithstanding the provisions of any other statute, service by
1491regular mail to an applicant's last reported mailing address
1492constitutes adequate and sufficient notice of any official
1493department communication to the applicant.
1494     (3)  and Submits satisfactory evidence, verified by oath or
1495affirmation, that she or he:
1496     (a)(1)  Is at least 18 years of age at the time of
1497application;
1498     (b)(2)  Is a high school, vocational school, technical
1499school, or college graduate or has successfully completed the
1500requirements for a graduate equivalency diploma (GED) or its
1501equivalent;
1502     (c)(3)  Is of good moral character; and
1503     (d)  Has passed an examination as specified in s. 468.306
1504or meets the requirements specified in s. 468.3065; and
1505     (e)1.(4)(a)  Has successfully completed an educational
1506program, which program may be established in a hospital licensed
1507pursuant to chapter 395 or in an accredited postsecondary
1508academic institution which is subject to approval by the
1509department as maintaining a satisfactory standard; or
1510     2.a.(b)1.  With respect to an applicant for a basic X-ray
1511machine operator's certificate, has completed a course of study
1512approved by the department with appropriate study material
1513provided the applicant by the department;
1514     b.2.  With respect to an applicant for a basic X-ray
1515machine operator-podiatric medicine certificate, has completed a
1516course of study approved by the department, provided that such
1517course of study shall be limited to that information necessary
1518to perform radiographic procedures within the scope of practice
1519of a podiatric physician licensed pursuant to chapter 461;
1520     c.3.  With respect only to an applicant for a general
1521radiographer's certificate who is a basic X-ray machine operator
1522certificateholder, has completed an educational program or a 2-
1523year training program that takes into account the types of
1524procedures and level of supervision usually and customarily
1525practiced in a hospital, which educational or training program
1526complies with the rules of the department; or
1527     d.4.  With respect only to an applicant for a nuclear
1528medicine technologist's certificate who is a general
1529radiographer certificateholder, has completed an educational
1530program or a 2-year training program that takes into account the
1531types of procedures and level of supervision usually and
1532customarily practiced in a hospital, which educational or
1533training program complies with the rules of the department.
1534     (4)  Submits complete documentation of any criminal offense
1535in any jurisdiction of which the applicant has been found
1536guilty, regardless of whether adjudication of guilt was
1537withheld, or to which the applicant has pled guilty or nolo
1538contendere.
1539     (5)  Submits complete documentation of any final
1540disciplinary action taken against the applicant by a licensing
1541or regulatory body in any jurisdiction, by a national
1542organization, or by a specialty board that is recognized by the
1543department. Disciplinary action includes revocation, suspension,
1544probation, reprimand, or being otherwise acted against,
1545including being denied certification, or resigning from or
1546nonrenewal of membership taken in lieu of or in settlement of a
1547pending disciplinary case.
1548
1549The department may not certify any applicant who has committed
1550an offense that would constitute a violation of any of the
1551provisions of s. 468.3101 or the rules adopted thereunder if the
1552applicant had been certified by the department at the time of
1553the offense. In addition, no application for a limited computed
1554tomography certificate shall be accepted, and. all persons
1555holding valid computed tomography certificates as of October 1,
15561984, are subject to the provisions of s. 468.309.
1557     Section 44.  Section 468.306, Florida Statutes, is amended
1558to read:
1559     468.306  Examinations.--All applicants, except those
1560certified pursuant to s. 468.3065, shall be required to pass an
1561examination. The department is authorized to develop or use
1562examinations for each type of certificate. The department may
1563require an applicant who does not pass an examination after five
1564attempts to complete additional remedial education, as specified
1565by rule of the department, before admitting the applicant to
1566subsequent examinations.
1567     (1)  The department shall have the authority to contract
1568with organizations that develop such test examinations.
1569Examinations may be administered by the department or the
1570contracting organization.
1571     (2)  Examinations shall be given for each type of
1572certificate at least twice a year at such times and places as
1573the department may determine to be advantageous for applicants.
1574If an applicant applies less than 75 days before an examination,
1575the department may schedule the applicant for a later
1576examination.
1577     (3)  All examinations shall be written and include
1578positioning, technique, and radiation protection. The department
1579shall either pass or fail each applicant on the basis of his or
1580her final grade. The examination for a basic X-ray machine
1581operator shall include basic positioning and basic techniques
1582directly related to the skills necessary to safely operate
1583radiographic equipment.
1584     (4)  A nonrefundable fee not to exceed $75 plus the actual
1585per-applicant cost for purchasing the examination from a
1586national organization shall be charged for any subsequent
1587examination.
1588     Section 45.  Section 468.3065, Florida Statutes, is amended
1589to read:
1590     468.3065  Certification by endorsement.--The department may
1591issue a certificate by endorsement to practice radiologic
1592technology to an applicant who, upon applying to the department
1593and remitting a nonrefundable fee not to exceed $50,
1594demonstrates to the department that he or she holds a current
1595certificate, license, or registration to practice radiologic
1596technology, provided that the requirements for such certificate,
1597license, or registration are deemed by the department to be
1598substantially equivalent to those established under this part
1599and rules adopted hereunder.
1600     Section 46.  Subsection (1) of section 468.307, Florida
1601Statutes, is amended to read:
1602     468.307  Certificate; issuance; display.--
1603     (1)  The department shall issue a certificate to each
1604candidate who has met the requirements of ss. 468.304 and
1605468.306 or has qualified under s. 468.3065. The department may
1606by rule establish a subcategory of a certificate issued under
1607this part limiting the certificateholder to a specific procedure
1608or specific type of equipment. The first regular certificate
1609issued to a new certificateholder shall expire on the last day
1610of the certificateholder's birth month and shall be at least 12
1611months but no more than 24 months in duration. However, if the
1612new certificateholder already holds a regular, active
1613certificate in a different category under this part, the new
1614certificate shall be combined with and expire on the same date
1615as the existing certificate.
1616     Section 47.  Section 468.309, Florida Statutes, is amended
1617to read:
1618     468.309  Certificate; duration; renewal; reversion to
1619inactive status; members of Armed Forces and spouses.--
1620     (1)(a)  A radiologic technologist's certificate issued in
1621accordance with this part expires as specified in rules adopted
1622by the department which establish a procedure for the biennial
1623renewal of certificates. A certificate shall be renewed by the
1624department for a period of 2 years upon payment of a renewal fee
1625in an amount not to exceed $75 and upon submission of a renewal
1626application containing such information as the department deems
1627necessary to show that the applicant for renewal is a radiologic
1628technologist in good standing and has completed any continuing
1629education requirements that the department establishes.
1630     (b)  Sixty days before the end of the biennium, the
1631department shall mail a notice of renewal to the last known
1632address of the certificateholder.
1633     (c)  Each certificateholder shall notify the department in
1634writing of his or her current mailing address and place of
1635practice. Notwithstanding the provisions of any other statute,
1636service by regular mail to a certificateholder's last reported
1637mailing address constitutes adequate and sufficient notice of
1638any official department communication to the certificateholder.
1639     (2)  The department shall adopt rules establishing a
1640procedure for the biennial renewal of certificates.
1641     (3)  The department may, by rule, prescribe continuing
1642education requirements, not to exceed 24 hours each licensure
1643period, as a condition for renewal of a certificate. The
1644criteria for approval of continuing education providers,
1645courses, and programs shall be as specified approved by the
1646department. Continuing education, which may be required for
1647persons certified under this part, may be obtained through home
1648study courses approved by the department.
1649     (4)  Any certificate which is not renewed by its expiration
1650date at the end of the biennium prescribed by the department
1651shall automatically be placed in an expired status and the
1652certificateholder shall not practice radiologic technology until
1653the certificate has been reactivated revert to an inactive
1654status. Such certificate may be reactivated only if the
1655certificateholder meets the other qualifications for
1656reactivation in s. 468.3095.
1657     (5)  A certificateholder in good standing remains in good
1658standing when he or she becomes a member of the Armed Forces of
1659the United States on active duty without paying renewal fees or
1660accruing continuing education credits as long as he or she is a
1661member of the Armed Forces on active duty and for a period of 6
1662months after discharge from active duty, if he or she is not
1663engaged in practicing radiologic technology in the private
1664sector for profit. The certificateholder must pay a renewal fee
1665and complete continuing education not to exceed 12 classroom
1666hours to renew the certificate.
1667     (6)  A certificateholder who is in good standing remains in
1668good standing if he or she is absent from the state because of
1669his or her spouse's active duty with the Armed Forces of the
1670United States. The certificateholder remains in good standing
1671without paying renewal fees or completing continuing education
1672as long as his or her spouse is a member of the Armed Forces on
1673active duty and for a period of 6 months after the spouse's
1674discharge from active duty, if the certificateholder is not
1675engaged in practicing radiologic technology in the private
1676sector for profit. The certificateholder must pay a renewal fee
1677and complete continuing education not to exceed 12 classroom
1678hours to renew the certificate.
1679     (7)  A certificateholder may resign his or her
1680certification by submitting to the department a written,
1681notarized resignation on a form specified by the department. The
1682resignation shall automatically become effective upon the
1683department's receipt of the resignation form, at which time the
1684certificateholder's certification automatically becomes null and
1685void and cannot be reactivated or renewed or used to practice
1686radiologic technology. A certificateholder who has resigned may
1687become certified again only by reapplying to the department for
1688certification as a new applicant and meeting the certification
1689requirements pursuant to s. 468.304 or s. 468.3065. Any
1690disciplinary action that had been imposed on the
1691certificateholder prior to his or her resignation shall be
1692tolled until he or she again becomes certified. Any disciplinary
1693action proposed at the time of the certificateholder's
1694resignation shall be tolled until he or she again becomes
1695certified.
1696     Section 48.  Subsection (2) of section 468.3095, Florida
1697Statutes, is amended to read:
1698     468.3095  Expired or inactive status; reactivation;
1699automatic suspension; reinstatement.--
1700     (2)(a)  A certificate which has been expired inactive for
1701less than 10 years 1 year after the end of the biennium
1702prescribed by the department may be reactivated renewed pursuant
1703to s. 468.309 upon payment of the biennial renewal fee and a
1704late renewal fee not to exceed $100 and submission of a
1705reactivation application containing such information as the
1706department deems necessary to show that the applicant is a
1707radiologic technologist in good standing and has met the
1708continuing education requirements. The renewed certificate shall
1709expire 2 years after the date the certificate automatically
1710reverted to inactive status.
1711     (b)  A certificate which has been inactive for less that 10
1712years more than 1 year may be reactivated by meeting all of the
1713requirements of s. 468.3095(2)(a) for expired certificates
1714except for payment of the late renewal fee upon application to
1715the department. The department shall prescribe, by rule,
1716continuing education requirements as a condition of reactivating
1717a certificate. The continuing education requirements for
1718reactivating a certificate shall not exceed 10 classroom hours
1719for each year the certificate was inactive and shall in no event
1720exceed 100 classroom hours for all years in which the
1721certificate was inactive.
1722     (c)  A certificate which has been inactive or expired for
1723more than 10 years or more shall automatically become void and
1724cannot be reactivated, renewed, or used to practice radiologic
1725technology be suspended. One year before the suspension, the
1726department shall give notice to the certificateholder. A
1727suspended certificate may be reinstated as provided for original
1728issuance in s. 468.307. A certificateholder whose certificate
1729has become null and void may only become certified again by
1730reapplying to the department as a new applicant and meeting the
1731requirements pursuant to s. 468.304 or s. 468.3065.
1732     (d)  When an expired or inactive certificate is
1733reactivated, the reactivated certificate shall expire on the
1734last day of the certificateholder's birth month and shall be at
1735least 12 months but no more than 24 months in duration. However,
1736if the reactivating certificateholder already holds a regular,
1737active certificate in a different category under this part, then
1738the reactivated certificate shall be combined with and expire on
1739the same date as the existing certificate.
1740     Section 49.  Subsection (1) of section 468.3101, Florida
1741Statutes, is amended, and subsections (5) and (6) are added to
1742said section, to read:
1743     468.3101  Disciplinary grounds and actions.--
1744     (1)  The department may make or require to be made such
1745investigations, inspections, evaluations, and tests, and require
1746the submission of such documents and statements, as it deems
1747necessary to determine whether a violation of this part has
1748occurred. The following acts shall be grounds for disciplinary
1749action as set forth in this section:
1750     (a)  Procuring, attempting to procure, or renewing a
1751certificate to practice radiologic technology by bribery, by
1752fraudulent misrepresentation, or through an error of the
1753department.
1754     (b)  Having a voluntary or mandatory certificate to
1755practice radiologic technology revoked, suspended, or otherwise
1756acted against, including being denied certification, by a
1757national organization, by a specialty board recognized by the
1758department, or by a the certification authority of another
1759state, territory, or country.
1760     (c)  Being convicted or found guilty, regardless of
1761adjudication, in any jurisdiction of a crime which directly
1762relates to the practice of radiologic technology or to the
1763ability to practice radiologic technology. Pleading A plea of
1764nolo contendere shall be considered a conviction for the purpose
1765of this provision.
1766     (d)  Being convicted or found guilty, regardless of
1767adjudication, in any jurisdiction of a crime against a person.
1768Pleading A plea of nolo contendere shall be considered a
1769conviction for the purposes of this provision.
1770     (e)  Making or filing a false report or record which the
1771certificateholder knows to be false, intentionally or
1772negligently failing to file a report or record required by state
1773or federal law, or willfully impeding or obstructing such filing
1774or inducing another to do so. Such reports or records include
1775only those reports or records which are signed in the capacity
1776as a radiologic technologist.
1777     (f)  Engaging in unprofessional conduct, which includes,
1778but is not limited to, any departure from, or the failure to
1779conform to, the standards of practice of radiologic technology
1780as established by the department, in which case actual injury
1781need not be established.
1782     (g)  Being unable to practice radiologic technology with
1783reasonable skill and safety to patients by reason of illness;
1784drunkenness; or use of alcohol, drugs, narcotics, chemicals, or
1785other materials or as a result of any mental or physical
1786condition. A radiologic technologist affected under this
1787paragraph shall, at reasonable intervals, be afforded an
1788opportunity to demonstrate that he or she can resume the
1789competent practice of radiologic technology with reasonable
1790skill and safety.
1791     (h)  Failing to report to the department any person who the
1792certificateholder knows is in violation of this part or of the
1793rules of the department.
1794     (i)  Violating any provision of this part, any rule of the
1795department, or any lawful order of the department previously
1796entered in a disciplinary proceeding or failing to comply with a
1797lawfully issued subpoena of the department.
1798     (j)  Employing, for the purpose of applying ionizing
1799radiation or otherwise practicing radiologic technology on to
1800any human being, any individual who is not certified under the
1801provisions of this part.
1802     (k)  Testing positive for any drug, as defined in s.
1803112.0455, on any confirmed preemployment or employer-required
1804drug screening when the radiologic technologist does not have a
1805lawful prescription and legitimate medical reason for using such
1806drug.
1807     (l)  Failing to report to the department in writing within
180830 days after the certificateholder has had a voluntary or
1809mandatory certificate to practice radiologic technology revoked,
1810suspended, or otherwise acted against, including being denied
1811certification, by a national organization, by a specialty board
1812recognized by the department, or by a certification authority of
1813another state, territory, or country.
1814     (m)  Having been found guilty of, regardless of
1815adjudication, or pleading nolo contendere or guilty to, any
1816offense prohibited under s. 435.03 or under any similar statute
1817of another jurisdiction.
1818     (n)  Failing to comply with the recommendations of the
1819department's impaired practitioner program for treatment,
1820evaluation, or monitoring. A letter from the director of the
1821impaired practitioner program that the certificateholder is not
1822in compliance shall be considered conclusive proof under this
1823part.
1824     (5)  A final disciplinary action taken against a radiologic
1825technologist in another jurisdiction, whether voluntary or
1826mandatory, shall be considered conclusive proof of grounds for a
1827disciplinary proceeding under this part.
1828     (6)  The department may revoke a continuing education
1829provider and its approved courses if the provider has been
1830revoked, suspended, or otherwise acted against by a national
1831organization, by a specialty board recognized by the department,
1832or by a certification authority of another state, territory, or
1833country. The department may, by rule, establish additional
1834guidelines and criteria for the discipline of continuing
1835education providers, including, but not limited to, revocation
1836of a continuing education provider or continuing education
1837course and the refusal to approve a continuing education
1838provider or continuing education course.
1839     Section 50.  Paragraph (a) of subsection (5) of section
1840489.553, Florida Statutes, is amended to read:
1841     489.553  Administration of part; registration
1842qualifications; examination.--
1843     (5)  To be eligible for registration by the department as a
1844master septic tank contractor, the applicant must:
1845     (a)  Have been a registered septic tank contractor in
1846Florida for at least 3 years or a plumbing contractor certified
1847under part I of this chapter who has provided septic tank
1848contracting services for at least 3 years. The 3 years must
1849immediately precede the date of application and may not be
1850interrupted by any probation, suspension, or revocation imposed
1851by the licensing agency.
1852     Section 51.  Section 489.554, Florida Statutes, is amended
1853to read:
1854     489.554  Registration renewal.--
1855     (1)  The department shall prescribe by rule the method for
1856approval of continuing education courses, and for renewal of
1857annual registration, for inactive status for late filing of
1858renewal applications, for allowing contractors to hold their
1859registration in inactive status for a specified time period, and
1860for reactivating registrations.
1861     (2)  At a minimum, annual renewal shall include continuing
1862education requirements of not less than 6 classroom hours
1863annually for septic tank contractors and not less than 12
1864classroom hours annually for master septic tank contractors. The
186512 classroom hours of continuing education required for master
1866septic tank contractors may include the 6 classroom hours
1867required for septic tank contractors, but at a minimum must
1868include 6 classroom hours of approved master septic tank
1869contractor coursework.
1870     (3)  Certificates of registration shall become inactive
1871when a renewal application is not filed in a timely manner. A
1872certificate that has become inactive may be reactivated under
1873this section by application to the department. A licensed
1874contractor may apply to the department for voluntary inactive
1875status at any time during the period of registration.
1876     (4)  Master septic tank contractors may elect to revert to
1877registered septic tank contractor status at any time during the
1878period of registration. The department shall prescribe by rule
1879the method for a master septic tank contractor who has reverted
1880to registered septic tank contractor status to reapply for
1881master septic tank contractor status.
1882     (5)  The department shall deny an application for renewal
1883if there is any outstanding administrative penalty with the
1884department when the penalty is final agency action and all
1885judicial reviews are exhausted.
1886     Section 52.  Paragraph (d) is added to subsection (1) of
1887section 766.309, Florida Statutes, to read:
1888     766.309  Determination of claims; presumption; findings of
1889administrative law judge binding on participants.--
1890     (1)  The administrative law judge shall make the following
1891determinations based upon all available evidence:
1892     (d)  Whether, if raised by the claimant or other party, the
1893factual determinations regarding the notice requirements in s.
1894766.316 are satisfied. The administrative law judge has the
1895exclusive jurisdiction to make these factual determinations.
1896     Section 53.  The amendment to s. 766.309, Florida Statutes,
1897contained in this act, is intended to clarify that the
1898administrative law judge has always had the exclusive
1899jurisdiction to make factual determinations as to whether the
1900notice requirements in s. 766.316, Florida Statutes, are
1901satisfied.
1902     Section 54.  Paragraph (e) of subsection (5) of section
1903766.315, Florida Statutes, is amended to read:
1904     766.315  Florida Birth-Related Neurological Injury
1905Compensation Association; board of directors.--
1906     (5)
1907     (e)  Funds held on behalf of the plan are funds of the
1908State of Florida. The association may only invest plan funds in
1909the investments and securities described in s. 215.47, and shall
1910be subject to the limitations on investments contained in that
1911section. All income derived from such investments will be
1912credited to the plan. The State Board of Administration may
1913invest and reinvest funds held on behalf of the plan in
1914accordance with the trust agreement approved by the association
1915and the State Board of Administration and within the provisions
1916of ss. 215.44 through 215.53.
1917     Section 55.  Section 784.081, Florida Statutes, is amended
1918to read:
1919     784.081  Assault or battery on specified officials or
1920employees; reclassification of offenses.--Whenever a person is
1921charged with committing an assault or aggravated assault or a
1922battery or aggravated battery upon any elected official or
1923employee of: a school district; a private school; the Florida
1924School for the Deaf and the Blind; a university developmental
1925research school; a state university or any other entity of the
1926state system of public education, as defined in s. 1000.04; an
1927employee or protective investigator of the Department of
1928Children and Family Services; or an employee of a lead
1929community-based provider and its direct service contract
1930providers; or an employee of the Department of Health or its
1931direct service contract providers, when the person committing
1932the offense knows or has reason to know the identity or position
1933or employment of the victim, the offense for which the person is
1934charged shall be reclassified as follows:
1935     (1)  In the case of aggravated battery, from a felony of
1936the second degree to a felony of the first degree.
1937     (2)  In the case of aggravated assault, from a felony of
1938the third degree to a felony of the second degree.
1939     (3)  In the case of battery, from a misdemeanor of the
1940first degree to a felony of the third degree.
1941     (4)  In the case of assault, from a misdemeanor of the
1942second degree to a misdemeanor of the first degree.
1943     Section 56.  Effective July 1, 2004, there is appropriated
1944the sum of $150,000 from the General Revenue Fund, and one full-
1945time equivalent position is authorized, for the Department of
1946Health to implement the establishment of the Officer of Women's
1947Health Strategy by this act.
1948     Section 57.  Subsection (9) of section 381.0098, Florida
1949Statutes, is repealed:
1950     381.0098  Biomedical waste.--
1951     (9)  TRANSITION.--
1952     (a)  Nothing in this act is intended to repeal or modify
1953any existing rules of the Department of Environmental Protection
1954relating to biomedical waste unless such rule or part thereof is
1955in direct conflict with this act. Rules of the Department of
1956Environmental Protection relating to transport, storage, or
1957treatment of biomedical waste existing on the effective date of
1958this act shall remain in effect and be enforceable by the
1959department until comparable rules are adopted by the department,
1960and no judicial or administrative proceeding pending on the
1961effective date of this act shall be abated as a result of the
1962provisions of this act.
1963     (b)  Any person operating or in the process of constructing
1964a biomedical storage or treatment facility, or any person
1965transporting biomedical waste, in accordance with a permit or
1966registration issued by the Department of Environmental
1967Protection on the effective date of this act, may continue to
1968operate under that permit or registration until that permit or
1969registration expires, or until December 31, 1996, whichever is
1970later. The department's rules concerning the permitting or
1971registering of biomedical waste storage facilities, treatment
1972facilities, and transporters shall be designed to accomplish a
1973smooth transition between permitting or registration
1974authorities.
1975     (c)  A permit application which is received after or which
1976is pending on the effective date of this act, which would have
1977been considered a renewal application if submitted to the
1978Department of Environmental Protection, will be considered a
1979renewal application for purposes of s. 120.60 when submitted to
1980the department.
1981     (d)  Prior to implementing the change in the regulation of
1982offsite treatment facilities described in this act, and after
1983full consultation with affected persons, the department and the
1984Department of Environmental Protection shall establish an
1985interagency agreement to streamline the permitting and
1986inspection of these treatment facilities. The agreement also
1987shall be designed to avoid any duplicative or overlapping
1988regulation of these treatment facilities. Such agreement shall
1989at least provide:
1990     1.  That the Department of Environmental Protection will
1991continue to accept and act on permit applications for these
1992facilities;
1993     2.  That the department will review these permit
1994applications with respect to those matters within its
1995jurisdiction;
1996     3.  That these permits will be consolidated with other
1997required Department of Environmental Protection permits, where
1998possible; and
1999     4.  That any inspections will be consolidated to avoid
2000duplicate inspections, where possible.
2001     Section 58.  Paragraph (f) of subsection (2) of section
2002385.103, Florida Statutes, is repealed:
2003     385.103  Community intervention programs.--
2004     (2)  OPERATION OF COMMUNITY INTERVENTION PROGRAMS.--
2005     (f)  The department shall adopt rules governing the
2006operation of the community intervention programs.
2007     Section 59.  Subsection (5) of section 393.064, Florida
2008Statutes, is repealed:
2009     393.064  Prevention.--
2010     (5)  The Department of Children and Family Services shall
2011have the authority, within available resources, to contract for
2012the supervision and management of the Raymond C. Philips
2013Research and Education Unit, and such contract shall include
2014specific program objectives.
2015     Section 60.  Subsection (7) of section 445.033, Florida
2016Statutes, is repealed:
2017     445.033  Evaluation.--The board of directors of Workforce
2018Florida, Inc., and the Department of Children and Family
2019Services shall arrange for evaluation of TANF-funded programs
2020operated under this chapter, as follows:
2021     (7)  Evaluations described in this section are exempt from
2022the provisions of s. 381.85.
2023     Section 61.  Sections 381.85, 385.205, and 385.209, Florida
2024Statutes, are repealed.
2025     Section 62.  Except as otherwise provided herein, this act
2026shall take effect upon becoming a law.
2027
2028================= T I T L E  A M E N D M E N T =================
2029     Remove the entire title and insert:
2030
A bill to be entitled
2031An act relating to public health; amending s. 17.41, F.S.;
2032authorizing the Department of Financial Services to
2033disburse funds into the Biomedical Research Trust Fund in
2034the Department of Health; amending s. 20.43, F.S.;
2035establishing the Officer of Women's Health Strategy in the
2036Department of Health; revising the names of certain
2037divisions of the Department of Health; creating the
2038Division of Disability Determinations; creating the Office
2039of Minority Health; amending and renumbering s. 216.341,
2040F.S.; providing an exemption from legislative funding for
2041certain authorized Department of Health positions;
2042amending s. 381.0011, F.S.; deleting a requirement that
2043the Department of Health work with other departments to
2044develop and implement a statewide injury control program;
2045requiring the department to maintain a statewide injury
2046prevention program; creating s. 381.0033, F.S.; requiring
2047hospitals to implement a program to offer immunizations
2048against the influenza virus and pneumococcal bacteria;
2049amending s. 381.006, F.S.; authorizing each county to
2050expend funds to conduct elevated blood lead level
2051investigations; amending s. 381.0065, F.S.; revising a
2052definition; deleting a requirement that the Department of
2053Health make a certain report to the Legislature;
2054specifying a certain annual flood line; authorizing the
2055department to require the submission of certain onsite
2056sewage treatment and disposal system construction plans;
2057requiring the department to establish rules for submission
2058of such plans; amending s. 381.0066, F.S.; extending the
2059period in which a certain fee is collected; amending s.
2060381.0066, F.S.; authorizing the continuation of permit
2061fees for system construction permits for onsite sewage
2062treatment and disposal systems; amending s. 381.0072,
2063F.S.; providing limitations on a certain exemption from
2064food service protection requirements; removing a license
2065exemption; creating s. 381.04015, F.S.; providing
2066legislative intent; providing the duties of the Officer of
2067Women's Health Strategy; requiring an annual report to the
2068Governor and Legislature with policy recommendations for
2069implementing the Women's Health Strategy; requiring
2070consideration of women's health issues and gender in state
2071policy, planning, and budgeting; providing for
2072responsibility and coordination; creating s. 381.86, F.S.;
2073creating the Department of Health Institutional Review
2074Board; authorizing the secretary of the department to
2075appoint members and a chair; authorizing the board to
2076serve as the institutional review board for other agencies
2077at the department secretary's discretion; providing for
2078per diem and travel expenses for members of the board;
2079requiring the department to charge for review costs
2080incurred; providing an exception; authorizing rulemaking;
2081amending s. 381.7353, F.S.; providing an additional
2082program for department coordination; amending s. 381.7355,
2083F.S.; providing an additional priority area; amending s.
2084381.89, F.S.; providing for late payment fees for tanning
2085facility licenses; deleting the minimum license fee;
2086authorizing a maximum total fee for each facility to be
2087set by rule; revising the annual renewal fees to be
2088prorated quarterly; amending s. 381.90, F.S.; revising the
2089membership of the Health Information Systems Council;
2090revising the date by which the council must develop and
2091approve its strategic plan; deleting a requirement to
2092provide copies of such plan to the Governor and
2093Legislature; amending s. 383.14, F.S.; revising references
2094to infants; providing for release of certain screening
2095results; revising the age by which a newborn shall have
2096certain tests; requiring the department to adopt certain
2097additional rules; providing additional members on the
2098Genetics and Newborn Screening Advisory Council; amending
2099s. 383.402, F.S.; requiring child abuse or neglect to be
2100verified before inclusion in a certain assessment;
2101amending s. 391.021, F.S.; revising a definition; amending
2102s. 391.025, F.S.; limiting the applicability and scope of
2103Children's Medical Services program components; amending
2104s. 391.029, F.S.; limiting certain services for
2105availability of funds under such program; providing an
2106additional eligibility requirement; amending s. 391.035,
2107F.S.; allowing the program to contract with providers
2108licensed in other states; amending s. 391.055, F.S.;
2109requiring newborn screening results to be reported to the
2110department if abnormal; amending ss. 391.301 and 391.305,
2111F.S., deleting provisions for screening hearing impaired
2112infants; amending s. 391.302, F.S.; deleting definitions
2113relating to hearing-impaired infants; amending s. 391.303,
2114F.S.; removing risk of hearing impairment as a condition
2115that requires referrals to an intervention program;
2116creating s. 391.308, F.S.; providing that the Department
2117of Health may implement and administer certain federal
2118programs as part of the Infants and Toddlers Early
2119Intervention program; requiring the department to apply
2120for federal funding for the program in conjunction with
2121the Department of Education; amending s. 395.1027, F.S.;
2122requiring licensed facilities to release to a regional
2123poison control center certain patient information upon
2124request; amending s. 395.404, F.S.; requiring trauma
2125centers to report to a central registry; requiring the
2126reporting of certain information to the department's brain
2127and spinal cord injury central registry; amending s.
2128400.9905, F.S.; revising and providing definitions;
2129amending s. 400.991, F.S.; revising health care clinic
2130licensing requirements; requiring separate licenses for
2131each mobile clinic; providing licensing requirements for
2132portable equipment providers; amending s. 400.9935, F.S.;
2133providing that a chief financial officer may assume
2134responsibility for clinic billings under certain
2135circumstances; providing that an exemption is not
2136transferable; authorizing a fee for a certificate of
2137exemption; allowing the agency to deny or revoke a
2138license; amending s. 400.995, F.S.; allowing the agency to
2139deny the renewal of a license or to revoke or suspend a
2140license; prohibiting extension of a temporary license
2141under certain circumstances; requiring the Agency for
2142Health Care Administration to refund certain application
2143fees; providing exceptions for certain late filed
2144applications and providing for contingent effect; amending
2145s. 401.211, F.S.; specifying legislative intent with
2146respect to a comprehensive statewide injury prevention
2147program; creating s. 401.243, F.S.; requiring the
2148department to establish an injury prevention program;
2149specifying the duties of the program; allowing the
2150department to obtain and expend funds from grants,
2151donations, or contributions; authorizing rulemaking;
2152amending s. 404.056, F.S.; changing mandatory radon
2153testing criteria; amending s. 468.302, F.S.; specifying
2154the use of medical radiation; specifying persons that may
2155use a nuclear medicine-computed tomography device;
2156specifying the authority of a nuclear medicine
2157technologist; amending s. 468.304, F.S.; providing
2158additional certification requirements; amending s.
2159468.306, F.S.; authorizing the department to require
2160additional education of certain applicants; amending s.
2161468.3065, F.S.; specifying that the fee for certification
2162by endorsement is nonrefundable; amending s. 468.307,
2163F.S.; specifying the expiration date of a certificate;
2164amending s. 468.309, F.S.; requiring notification of
2165mailing address and place of practice; revising continuing
2166education provider, course, and program approval
2167provisions; providing for expired status and prohibiting
2168practice under such status; specifying the process of
2169certificate resignation; amending s. 468.3095, F.S.;
2170providing the process to reactivate an expired or inactive
2171certificate; specifying a timeframe for the automatic
2172nullification of a certificate; specifying the expiration
2173date of a reactivated certificate; amending s. 468.3101,
2174F.S.; authorizing the department to investigate or compel
2175document production to determine compliance; revising and
2176providing grounds for disciplinary action; providing
2177disciplinary actions; providing for actions against
2178continuing education providers and courses; amending s.
2179489.553, F.S.; setting criteria to register as a master
2180septic tank contractor; amending s. 489.554, F.S.;
2181revising the registration renewal process; providing when
2182certificates of registration shall become inactive;
2183allowing a master septic tank contractor to revert to
2184registered status; requiring the department to deny
2185certain applications for renewal; amending s. 499.003,
2186F.S.; providing a definition; amending s. 499.01, F.S.;
2187requiring a person or establishment to obtain a permit in
2188order to operate as a veterinary prescription drug
2189wholesaler; amending s. 499.012, F.S.; requiring a person
2190to have a veterinary prescription drug wholesaler permit
2191to distribute veterinary prescription drugs in or into
2192this state; requiring a veterinary prescription drug
2193wholesaler who also distributes human prescription drugs
2194that it did not manufacture to obtain a prescription drug
2195wholesaler or out-of-state prescription drug wholesaler
2196permit in lieu of the veterinary prescription drug
2197wholesaler permit; amending s. 499.0121, F.S.; requiring
2198certain prescription wholesalers and repackagers to use
2199due diligence when purchasing prescription drugs from
2200certain distributors; amending s. 499.041, F.S.; requiring
2201an annual fee for a veterinary prescription drug
2202wholesaler's permit; amending s. 499.065, F.S.; requiring
2203the Department of Health to inspect veterinary
2204prescription drug wholesale establishments; authorizing
2205the department to close the establishment if it creates an
2206imminent danger to the public health; amending s. 784.081,
2207F.S.; providing additional officials covered under
2208penalties for assault and battery on specified officials;
2209providing an appropriation; repealing s. 381.0098(9),
2210F.S., relating to transition provisions involving
2211regulation of biomedical waste; repealing s.
2212385.103(2)(f), F.S., relating to authority to adopt rules
2213to govern the operation of community intervention
2214programs; repealing s. 393.064(5), F.S., relating to
2215authority to contract for supervision and management of
2216the Raymond C. Philips Research and Education Unit;
2217repealing s. 445.033(7), F.S., relating to an exemption
2218for evaluations of TANF-funded programs; repealing ss.
2219381.85, 385.205, and 385.209, F.S., relating to biomedical
2220and social research, care and assistance of persons
2221suffering from chronic renal diseases and establishment of
2222programs in kidney disease control, and dissemination of
2223information on cholesterol health risks, respectively;
2224providing an effective date.


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