June 16, 2019
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Amendment CaShTmL-142280.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2216
    Amendment No. ___   Barcode 142280
                            CHAMBER ACTION
              Senate                               House
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       04/23/2004 10:24 AM         .                    
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11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 23, between lines 4 and 5,
15  
16  and insert:  
17         Section 12.  Subsection (5) of section 17.41, Florida
18  Statutes, is amended to read:
19         17.41  Department of Financial Services Tobacco
20  Settlement Clearing Trust Fund.--
21         (5)  The department shall disburse funds, by
22  nonoperating transfer, from the Tobacco Settlement Clearing
23  Trust Fund to the tobacco settlement trust funds of the
24  various agencies or the Biomedical Research Trust Fund in the
25  Department of Health, as appropriate, in amounts equal to the
26  annual appropriations made from those agencies' trust funds in
27  the General Appropriations Act.
28         Section 13.  Paragraphs (f), (i), and (j) of subsection
29  (3) of section 20.43, Florida Statutes, are amended, and
30  paragraph (k) is added to that subsection, to read:
31         20.43  Department of Health.--There is created a
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    3:54 PM   04/22/04                              s2216c2c-37e5z

SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 Department of Health. 2 (3) The following divisions of the Department of 3 Health are established: 4 (f) Division of Emergency Medical Operations Services 5 and Community Health Resources. 6 (i) Division of Information Technology Resource 7 Management. 8 (j) Division of Health Access Awareness and Tobacco. 9 (k) Division of Disability Determinations. 10 Section 14. Section 216.341, Florida Statutes, is 11 transferred, renumbered as section 216.2625, Florida Statutes, 12 and amended to read: 13 216.2625 216.341 Disbursement of county health 14 department trust funds of the Department of Health; authorized 15 positions.-- 16 (1) County health department trust funds may be 17 expended by the Department of Health for the respective county 18 health departments in accordance with budgets and plans agreed 19 upon by the county authorities of each county and the 20 Department of Health. 21 (2) The limitations on the number of authorized 22 positions appropriations provided in s. 216.262(1) do shall 23 not apply to positions within the Department of Health which 24 are funded by: 25 (a) County health department trust funds; or. 26 (b) The United States Trust Fund. 27 Section 15. Subsection (12) of section 381.0011, 28 Florida Statutes, is amended to read: 29 381.0011 Duties and powers of the Department of 30 Health.--It is the duty of the Department of Health to: 31 (12) Maintain Cooperate with other departments, local 2 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 officials, and private organizations in developing and 2 implementing a statewide injury-prevention injury control 3 program. 4 Section 16. Subsection (17) is added to section 5 381.006, Florida Statutes, to read: 6 381.006 Environmental health.--The department shall 7 conduct an environmental health program as part of fulfilling 8 the state's public health mission. The purpose of this program 9 is to detect and prevent disease caused by natural and manmade 10 factors in the environment. The environmental health program 11 shall include, but not be limited to: 12 (17) A function for investigating elevated levels of 13 lead in blood. Each participating county health department may 14 expend funds for federally mandated certification or 15 recertification fees related to conducting investigations of 16 elevated levels of lead in blood. 17 18 The department may adopt rules to carry out the provisions of 19 this section. 20 Section 17. Paragraph (k) of subsection (2) of section 21 381.0066, Florida Statutes, is amended to read: 22 381.0066 Onsite sewage treatment and disposal systems; 23 fees.-- 24 (2) The minimum fees in the following fee schedule 25 apply until changed by rule by the department within the 26 following limits: 27 (k) Research: An additional $5 fee shall be added to 28 each new system construction permit issued during fiscal years 29 1996-2004 to be used for onsite sewage treatment and disposal 30 system research, demonstration, and training projects. Five 31 dollars from any repair permit fee collected under this 3 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 section shall be used for funding the hands-on training 2 centers described in s. 381.0065(3)(j). 3 4 The funds collected pursuant to this subsection must be 5 deposited in a trust fund administered by the department, to 6 be used for the purposes stated in this section and ss. 7 381.0065 and 381.00655. 8 Section 18. Section 381.0069, Florida Statutes, is 9 created to read: 10 381.0069 Portable restroom contracting.-- 11 (1) DEFINITIONS.--As used in this section, the term: 12 (a) "Department" means the Department of Health. 13 (b) "Portable restroom" means any holding tank, 14 portable toilet, mobile restroom trailer, mobile shower 15 trailer, or portable restroom facility intended for use on a 16 permanent or nonpermanent basis, including any such facility 17 placed at a construction site when workers are present. 18 (c) "Portable restroom contractor" means a portable 19 restroom contractor who has knowledge of state health code law 20 and rules and has the experience, knowledge, and skills to 21 handle, deliver, and pick up sanitary portable restrooms, to 22 install, safely handle, and maintain portable holding tanks, 23 and to handle, transport, and dispose of domestic portable 24 restroom and portable holding tank wastewater. 25 (2) REGISTRATION REQUIRED.--A person may not hold 26 himself or herself out as a portable restroom contractor in 27 this state unless he or she is registered by the department in 28 accordance with this section. However, this section does not 29 prohibit any person licensed pursuant to s. 489.105(3)(m) or 30 part III of chapter 489 from engaging in the profession for 31 which he or she is licensed. This section does not apply to an 4 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 entity defined in s. 403.70605(4)(b). 2 (3) ADMINISTRATION OF SECTION; REGISTRATION 3 QUALIFICATIONS; EXAMINATION.-- 4 (a) Each person desiring to be registered pursuant to 5 this section shall apply to the department in writing upon 6 forms prepared and furnished by the department. 7 (b) The department shall administer, coordinate, and 8 enforce the provisions of this section, administer the 9 examination for applicants, and be responsible for the 10 granting of certificates of registration to qualified persons. 11 (c) The department shall adopt rules pursuant to ss. 12 120.536(1) and 120.54 to administer this section that 13 establish ethical standards of practice, requirements for 14 registering as a contractor, requirements for obtaining an 15 initial or renewal certificate of registration, disciplinary 16 guidelines, and requirements for the certification of 17 partnerships and corporations. The department may amend or 18 repeal the rules in accordance with chapter 120. 19 (d) To be eligible for registration by the department 20 as a portable restroom contractor, the applicant shall: 21 1. Be of good moral character. In considering good 22 moral character, the department may consider any matter that 23 has a substantial connection between the good moral character 24 of the applicant and the professional responsibilities of a 25 registered contractor, including, but not limited to, the 26 applicant's being convicted or found guilty of, or entering a 27 plea of nolo contendere to, regardless of adjudication, a 28 crime in any jurisdiction that directly relates to the 29 practice of contracting or the ability to practice contracting 30 and previous disciplinary action involving portable restroom 31 contracting for which all judicial reviews have been 5 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 completed. 2 2. Pass an examination approved by the department 3 which demonstrates that the applicant has a fundamental 4 knowledge of the state laws relating to the installation, 5 maintenance, and wastewater disposal of portable restrooms, 6 portable sinks, and portable holding tanks. 7 3. Be at least 18 years of age. 8 4. Have a total of at least 3 years of active 9 experience serving an apprenticeship as a skilled worker under 10 the supervision and control of a registered portable restroom 11 contractor. Related work experience or educational experience 12 may be substituted for no more than 2 years of active 13 contracting experience. Each 30 hours of coursework approved 14 by the department shall be substituted for 6 months of work 15 experience. Out-of-state work experience shall be accepted on 16 a year-for-year basis for any applicant who demonstrates that 17 he or she holds a current license issued by another state for 18 portable restroom contracting which was issued upon 19 satisfactory completion of an examination and continuing 20 education courses that are equivalent to the requirements in 21 this state. Individuals from a state with no state 22 certification who have successfully completed a written 23 examination provided by the Portable Sanitation Association 24 International shall only be required to take the written 25 portion of the examination that includes state health code law 26 and rules. For purposes of this section, an equivalent 27 examination must include the topics of state health code law 28 and rules applicable to portable restrooms and the knowledge 29 required to handle, deliver, and pick up sanitary portable 30 restrooms; to install, handle, and maintain portable holding 31 tanks; and to handle, transport, and dispose of domestic 6 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 portable restroom and portable holding tank wastewater. A 2 person employed by and under the supervision of such an 3 out-of-state licensed contractor shall be granted up to 2 4 years of related work experience. 5 5. Have not had a registration revoked the effective 6 date of which was less than 5 years before the application. 7 (e) The department shall provide each applicant for 8 registration pursuant to this section with a copy of this 9 section and any rules adopted under this section. The 10 department may also prepare and disseminate such other 11 material and questionnaires as it deems necessary to 12 effectuate the registration provisions of this section. 13 (f) Any person who was employed 1 or more years in 14 this state by a portable restroom service holding a permit 15 issued by the department on or before October 1, 2004, has 16 until October 1, 2005, to be registered by the department in 17 accordance with this section and may continue to perform 18 portable restroom contracting services until that time. Such 19 persons are exempt until October 1, 2005, from the 3 years' 20 active work experience requirement of subparagraph (d)4. 21 (4) REGISTRATION RENEWAL.-- 22 (a) The department shall prescribe by rule the method 23 for approval of continuing education courses and for renewal 24 of annual registration, for reverting to inactive status for 25 late filing of renewal applications, for allowing contractors 26 to hold their registration in inactive status for a specified 27 period, and for reactivating registrations. At a minimum, 28 annual renewal shall include continuing education requirements 29 of not less than 6 classroom hours annually for portable 30 restroom contractors. 31 (b) Certificates of registration shall become inactive 7 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 when a renewal application is not filed in a timely manner. A 2 certificate that has become inactive may be reactivated under 3 this section by application to the department. A registered 4 contractor may apply to the department for voluntary inactive 5 status at any time during the period of registration. 6 (5) CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.-- 7 (a) The practice of or the offer to practice portable 8 restroom contracting services by registrants through a parent 9 corporation, corporation, subsidiary of a corporation, or 10 partnership offering portable restroom contracting services to 11 the public through registrants under this section as agents, 12 employers, officers, or partners is permitted if one or more 13 of the principal officers of the corporation or one or more 14 partners of the partnership and all personnel of the 15 corporation or partnership who act on its behalf as portable 16 restroom contractors in this state are registered as provided 17 by this section and if the corporation or partnership has been 18 issued a certificate of authorization by the department as 19 provided in this subsection. An agent of the corporation may 20 be a manager of the corporation only when no officers of the 21 corporation reside in the State of Florida. In this case, the 22 corporation must provide a notarized letter of authorization 23 for one or more managers to act as the agent and registered 24 contractor on behalf of all matters of the corporation. This 25 authorization must provide the list of names and addresses of 26 all officers and include a statement that it in no way removes 27 any responsibility from the officers of the corporation. A 28 registered contractor may not be the sole qualifying 29 contractor for more than one business that requests a 30 certificate of authorization. A business organization that 31 loses its qualifying contractor has 60 days following the date 8 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 the qualifier terminates his or her affiliation within which 2 to obtain another qualifying contractor. During this period, 3 the business organization may complete any existing contract 4 or continuing contract but may not undertake any new contract. 5 This period may be extended once by the department for an 6 additional 60 days upon a showing of good cause. This 7 subsection may not be construed to mean that a certificate of 8 registration to practice portable restroom contracting must be 9 held by a corporation. A corporation or partnership is not 10 relieved of responsibility for the conduct or acts of its 11 agents, employees, or officers by reason of its compliance 12 with this subsection, and an individual practicing portable 13 restroom contracting is not relieved of responsibility for 14 professional services performed by reason of his or her 15 employment or relationship with a corporation or partnership. 16 (b) For the purposes of this subsection, a certificate 17 of authorization shall be required for a corporation, a 18 partnership, an association, or a person practicing under a 19 fictitious name when offering portable restroom contracting 20 services to the public, except that when an individual is 21 practicing portable restroom contracting in his or her own 22 given name, he or she is not required to register under this 23 subsection. 24 (c) Each certification of authorization shall be 25 renewed every 2 years. Each partnership and corporation 26 certified under this subsection shall notify the department 27 within 1 month after any change in the information contained 28 in the application upon which the certification is based. 29 (d) Disciplinary action against a corporation or 30 partnership shall be administered in the same manner and on 31 the same grounds as disciplinary action against a registered 9 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 portable restroom contractor. 2 (e) When a certificate of authorization has been 3 revoked, any person authorized by law to provide portable 4 restroom contracting services may not use the name or 5 fictitious name of the entity whose certificate was revoked or 6 any other identifiers for the entity, including telephone 7 numbers, advertisements, or logos. 8 (6) SUSPENSION OR REVOCATION OF REGISTRATION.--A 9 certificate of registration may be suspended or revoked upon a 10 showing that the registrant has committed any of the 11 following: 12 (a) Violated any provision of this section. 13 (b) Violated any lawful order or rule rendered or 14 adopted by the department. 15 (c) Obtained his or her registration or any other 16 order, ruling, or authorization by means of fraud, 17 misrepresentation, or concealment of material facts. 18 (d) Been found guilty of one or more violations of 19 this section, s. 381.0065, s. 386.041, or any rule adopted 20 pursuant to those sections. 21 (7) FEES; ESTABLISHMENT.-- 22 (a) The department shall, by rule, establish fees as 23 follows: 24 1. For registration as a portable restroom contractor: 25 a. Application and examination fee: not less than $25 26 nor more than $75. 27 b. Initial registration fee: not less than $50 nor 28 more than $100. 29 c. Renewal of registration fee: not less than $50 nor 30 more than $100. 31 2. For certification of a partnership or corporation: 10 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 not less than $100 nor more than $250. 2 (b) Fees established pursuant to paragraph (a) shall 3 be based on the actual costs incurred by the department in 4 carrying out its registration and other related 5 responsibilities under this section. 6 (8) PENALTIES AND PROHIBITIONS.-- 7 (a) A person who violates any provision of this 8 section commits a misdemeanor of the first degree, punishable 9 as provided in s. 775.082 or s. 775.083. 10 (b) The department may deny a registration, 11 authorization, or registration renewal if it determines that 12 an applicant does not meet all requirements of this section or 13 has violated any provision of this section or if there is any 14 outstanding administrative penalty with the department in 15 which the penalty is final agency action and all judicial 16 reviews are exhausted. Any applicant aggrieved by such denial 17 is entitled to a hearing, after reasonable notice thereof, 18 upon filing a written request for such hearing in accordance 19 with chapter 120. 20 Section 19. Subsection (1) of section 381.0061, 21 Florida Statutes, is amended to read: 22 381.0061 Administrative fines.-- 23 (1) In addition to any administrative action 24 authorized by chapter 120 or by other law, the department may 25 impose a fine, which shall not exceed $500 for each violation, 26 for a violation of s. 381.006(16), s. 381.0065, s. 381.0066, 27 s. 381.0069, s. 381.0072, or part III of chapter 489, for a 28 violation of any rule adopted under this chapter, or for a 29 violation of any of the provisions of chapter 386. Notice of 30 intent to impose such fine shall be given by the department to 31 the alleged violator. Each day that a violation continues may 11 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 constitute a separate violation. 2 Section 20. Paragraph (m) of subsection (3) and 3 subsection (5) of section 381.0065, Florida Statutes, are 4 amended to read: 5 381.0065 Onsite sewage treatment and disposal systems; 6 regulation.-- 7 (3) DUTIES AND POWERS OF THE DEPARTMENT OF 8 HEALTH.--The department shall: 9 (m) Regulate the use of portable restrooms, mobile 10 restrooms, mobile shower trailers, and Permit and inspect 11 portable or stationary temporary toilet services and holding 12 tanks; regulate, permit, and inspect the companies that 13 provide and service such facilities;. The department shall 14 review applications, perform site evaluations;, and issue 15 permits for the temporary use of stationary holding tanks, 16 privies, portable toilet services, or any other toilet 17 facility that is intended for use on a permanent or 18 nonpermanent basis, including facilities placed on 19 construction sites when workers are present. The department 20 may specify standards for the construction, maintenance, use, 21 and operation of any such facility for temporary use. 22 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- 23 (a) Department personnel who have reason to believe 24 noncompliance exists, may, at any reasonable time, enter the 25 premises permitted under ss. 381.0065-381.0066, or the 26 business premises of any septic tank contractor or master 27 septic tank contractor registered under part III of chapter 28 489, the business premises of any portable restroom contractor 29 registered under s. 381.0069, or any premises that the 30 department has reason to believe is being operated or 31 maintained not in compliance, to determine compliance with the 12 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 provisions of this section, part I of chapter 386, or part III 2 of chapter 489 or rules or standards adopted under ss. 3 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part 4 III of chapter 489. As used in this paragraph, the term 5 "premises" does not include a residence or private building. 6 To gain entry to a residence or private building, the 7 department must obtain permission from the owner or occupant 8 or secure an inspection warrant from a court of competent 9 jurisdiction. 10 (b)1. The department may issue citations that may 11 contain an order of correction or an order to pay a fine, or 12 both, for violations of ss. 381.0065-381.0067, s. 381.0069, 13 part I of chapter 386, or part III of chapter 489 or the rules 14 adopted by the department, when a violation of these sections 15 or rules is enforceable by an administrative or civil remedy, 16 or when a violation of these sections or rules is a 17 misdemeanor of the second degree. A citation issued under ss. 18 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part 19 III of chapter 489 constitutes a notice of proposed agency 20 action. 21 2. A citation must be in writing and must describe the 22 particular nature of the violation, including specific 23 reference to the provisions of law or rule allegedly violated. 24 3. The fines imposed by a citation issued by the 25 department may not exceed $500 for each violation. Each day 26 the violation exists constitutes a separate violation for 27 which a citation may be issued. 28 4. The department shall inform the recipient, by 29 written notice pursuant to ss. 120.569 and 120.57, of the 30 right to an administrative hearing to contest the citation 31 within 21 days after the date the citation is received. The 13 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 citation must contain a conspicuous statement that if the 2 recipient fails to pay the fine within the time allowed, or 3 fails to appear to contest the citation after having requested 4 a hearing, the recipient has waived the recipient's right to 5 contest the citation and must pay an amount up to the maximum 6 fine. 7 5. The department may reduce or waive the fine imposed 8 by the citation. In determining whether to reduce or waive the 9 fine, the department must consider the gravity of the 10 violation, the person's attempts at correcting the violation, 11 and the person's history of previous violations including 12 violations for which enforcement actions were taken under ss. 13 381.0065-381.0067, s. 381.0069, part I of chapter 386, part 14 III of chapter 489, or other provisions of law or rule. 15 6. Any person who willfully refuses to sign and accept 16 a citation issued by the department commits a misdemeanor of 17 the second degree, punishable as provided in s. 775.082 or s. 18 775.083. 19 7. The department, pursuant to ss. 381.0065-381.0067, 20 s. 381.0069, part I of chapter 386, or part III of chapter 21 489, shall deposit any fines it collects in the county health 22 department trust fund for use in providing services specified 23 in those sections. 24 8. This section provides an alternative means of 25 enforcing ss. 381.0065-381.0067, s. 381.0069, part I of 26 chapter 386, and part III of chapter 489. This section does 27 not prohibit the department from enforcing ss. 28 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part 29 III of chapter 489, or its rules, by any other means. However, 30 the department must elect to use only a single method of 31 enforcement for each violation. 14 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 Section 21. Paragraph (a) of subsection (2) of section 2 381.0072, Florida Statutes, is amended to read: 3 381.0072 Food service protection.--It shall be the 4 duty of the Department of Health to adopt and enforce 5 sanitation rules consistent with law to ensure the protection 6 of the public from food-borne illness. These rules shall 7 provide the standards and requirements for the storage, 8 preparation, serving, or display of food in food service 9 establishments as defined in this section and which are not 10 permitted or licensed under chapter 500 or chapter 509. 11 (2) DUTIES.-- 12 (a) The department shall adopt rules, including 13 definitions of terms which are consistent with law prescribing 14 minimum sanitation standards and manager certification 15 requirements as prescribed in s. 509.039, and which shall be 16 enforced in food service establishments as defined in this 17 section. The sanitation standards must address the 18 construction, operation, and maintenance of the establishment; 19 lighting, ventilation, laundry rooms, lockers, use and storage 20 of toxic materials and cleaning compounds, and first-aid 21 supplies; plan review; design, construction, installation, 22 location, maintenance, sanitation, and storage of food 23 equipment and utensils; employee training, health, hygiene, 24 and work practices; food supplies, preparation, storage, 25 transportation, and service, including access to the areas 26 where food is stored or prepared; and sanitary facilities and 27 controls, including water supply and sewage disposal; plumbing 28 and toilet facilities; garbage and refuse collection, storage, 29 and disposal; and vermin control. Public and private schools, 30 if the food service is operated by school employees; hospitals 31 licensed under chapter 395;, nursing homes licensed under part 15 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 II of chapter 400;, child care facilities as defined in s. 2 402.301;, and residential facilities colocated with a nursing 3 home or hospital, if all food is prepared in a central kitchen 4 that complies with nursing or hospital regulations; and bars 5 and lounges, as defined by department rule, are shall be 6 exempt from the rules developed for manager certification. The 7 department shall administer a comprehensive inspection, 8 monitoring, and sampling program to ensure such standards are 9 maintained. With respect to food service establishments 10 permitted or licensed under chapter 500 or chapter 509, the 11 department shall assist the Division of Hotels and Restaurants 12 of the Department of Business and Professional Regulation and 13 the Department of Agriculture and Consumer Services with 14 rulemaking by providing technical information. 15 Section 22. Section 381.0409, Florida Statutes, is 16 created to read: 17 381.0409 Tobacco prevention program.--The Department 18 of Health shall establish a comprehensive tobacco prevention 19 program designed to reduce premature mortality, reduce 20 morbidity, and increase the life expectancy of people in this 21 state through public health interventions at the state and 22 local levels. Implementation of this program is contingent 23 upon the department's receiving a specific appropriation for 24 this purpose. 25 (1) The comprehensive tobacco prevention program shall 26 include the following components: 27 (a) Program elements based on "Best Practices for 28 Comprehensive Tobacco Control Programs" identified by the 29 Centers for Disease Control and Prevention and on the 30 peer-reviewed scientific literature on tobacco prevention. 31 (b) Advocacy organizations of middle, high school, and 16 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 college students. 2 (c) Cessation programs for youth and adults through 3 schools, county health departments, and local providers, 4 including a toll-free telephone quit line. 5 (d) Partnerships with local communities and schools to 6 prevent and reduce tobacco use, including reducing disparities 7 in tobacco use among different population groups. 8 (e) Local and statewide media campaigns separately 9 directed to youth and adults. 10 (f) Implementation of the provisions of the Florida 11 Clean Indoor Air Act under part II of chapter 386 which are 12 applicable to the department. 13 (2) The department shall act as a clearinghouse for 14 information on best practices and shall provide technical 15 assistance and training to state and local entities on tobacco 16 prevention activities. 17 (3) The department may accept funds from the private 18 sector to implement this section. 19 (4) The department shall conduct surveillance and 20 evaluations to measure program performance and improve 21 implementation strategies. 22 (5) The department may contract for any of the 23 activities specified in this section. 24 Section 23. Section 381.86, Florida Statutes, is 25 created to read: 26 381.86 Institutional Review Board.-- 27 (1) The Institutional Review Board is created within 28 the Department of Health in order to satisfy federal 29 requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50 30 and 56 that an institutional review board review all 31 biomedical and behavioral research on human subjects which is 17 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 funded or supported in any manner by the department. 2 (2) Consistent with federal requirements, the 3 Secretary of Health shall determine and appoint the membership 4 of the board and designate its chair. 5 (3) The department's Institutional Review Board may 6 serve as an institutional review board for other agencies at 7 the discretion of the secretary. 8 (4) Each board member is entitled to reimbursement for 9 per diem and travel expenses as provided in s. 112.061 while 10 carrying out the official business of the board. 11 (5) The department shall charge for costs it incurs 12 for the research oversight it provides according to a fee 13 schedule, except that fees shall be waived for any student who 14 is a candidate for a degree at a university located in this 15 state. The fee schedule shall provide fees for initial review, 16 amendments, and continuing review. The department may adopt 17 any rules necessary to comply with federal requirements and 18 this section. The rules must also prescribe procedures for 19 submitting an application for the Institutional Review Board's 20 review. 21 Section 24. Paragraphs (b) and (c) of subsection (3) 22 of section 381.89, Florida Statutes, are amended to read: 23 381.89 Regulation of tanning facilities.-- 24 (3) 25 (b) The department shall establish procedures for the 26 issuance and annual renewal of licenses and shall establish 27 annual license and renewal fees and late-payment fees in an 28 amount necessary to cover the expenses of administering this 29 section. Annual license and renewal fees may not shall be not 30 less than $125 nor more than $250 per tanning device and a 31 maximum total fee per individual tanning facility may be set 18 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 by rule. Effective October 1, 1991, the fee amount shall be 2 the minimum fee proscribed in this paragraph and such fee 3 amount shall remain in effect until the effective date of a 4 fee schedule adopted by the department. 5 (c) The department may adopt a system under which 6 licenses expire on staggered dates and the annual renewal fees 7 are prorated quarterly monthly to reflect the actual number of 8 months the license is valid. 9 Section 25. Subsection (3) and paragraph (a) of 10 subsection (7) of section 381.90, Florida Statutes, are 11 amended to read: 12 381.90 Health Information Systems Council; legislative 13 intent; creation, appointment, duties.-- 14 (3) The council shall be composed of the following 15 members or their senior executive-level designees: 16 (a) The Secretary of the Department of Health; 17 (b) The Executive Director secretary of the Department 18 of Veterans' Affairs Business and Professional Regulation; 19 (c) The Secretary of the Department of Children and 20 Family Services; 21 (d) The Secretary of Health Care Administration; 22 (e) The Secretary of the Department of Corrections; 23 (f) The Attorney General; 24 (g) The Executive Director of the Correctional Medical 25 Authority; 26 (h) Two members representing county health 27 departments, one from a small county and one from a large 28 county, appointed by the Governor; 29 (i) A representative from the Florida Association of 30 Counties; 31 (j) The Chief Financial Officer; 19 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (k) A representative from the Florida Healthy Kids 2 Corporation; 3 (l) A representative from a school of public health 4 chosen by the Commissioner of Education Board of Regents; 5 (m) The Commissioner of Education; 6 (n) The Secretary of the Department of Elderly 7 Affairs; and 8 (o) The Secretary of the Department of Juvenile 9 Justice. 10 11 Representatives of the Federal Government may serve without 12 voting rights. 13 (7) The council's duties and responsibilities include, 14 but are not limited to, the following: 15 (a) By June March 1 of each year, to develop and 16 approve a strategic plan pursuant to the requirements set 17 forth in s. 186.022 s. 186.022(9). Copies of the plan shall be 18 transmitted electronically or in writing to the Executive 19 Office of the Governor, the Speaker of the House of 20 Representatives, and the President of the Senate. 21 Section 26. Subsections (1) and (2), paragraphs (f) 22 and (g) of subsection (3), and subsection (5) of section 23 383.14, Florida Statutes, are amended to read: 24 383.14 Screening for metabolic disorders, other 25 hereditary and congenital disorders, and environmental risk 26 factors.-- 27 (1) SCREENING REQUIREMENTS.--To help ensure access to 28 the maternal and child health care system, the Department of 29 Health shall promote the screening of all newborns infants 30 born in Florida for phenylketonuria and other metabolic, 31 hereditary, and congenital disorders known to result in 20 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 significant impairment of health or intellect, as screening 2 programs accepted by current medical practice become available 3 and practical in the judgment of the department. The 4 department shall also promote the identification and screening 5 of all newborns infants born in this state and their families 6 for environmental risk factors such as low income, poor 7 education, maternal and family stress, emotional instability, 8 substance abuse, and other high-risk conditions associated 9 with increased risk of infant mortality and morbidity to 10 provide early intervention, remediation, and prevention 11 services, including, but not limited to, parent support and 12 training programs, home visitation, and case management. 13 Identification, perinatal screening, and intervention efforts 14 shall begin prior to and immediately following the birth of 15 the child by the attending health care provider. Such efforts 16 shall be conducted in hospitals, perinatal centers, county 17 health departments, school health programs that provide 18 prenatal care, and birthing centers, and reported to the 19 Office of Vital Statistics. 20 (a) Prenatal screening.--The department shall develop 21 a multilevel screening process that includes a risk assessment 22 instrument to identify women at risk for a preterm birth or 23 other high-risk condition. The primary health care provider 24 shall complete the risk assessment instrument and report the 25 results to the Office of Vital Statistics so that the woman 26 may immediately be notified and referred to appropriate 27 health, education, and social services. 28 (b) Postnatal screening.--A risk factor analysis using 29 the department's designated risk assessment instrument shall 30 also be conducted as part of the medical screening process 31 upon the birth of a child and submitted to the department's 21 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 Office of Vital Statistics for recording and other purposes 2 provided for in this chapter. The department's screening 3 process for risk assessment shall include a scoring mechanism 4 and procedures that establish thresholds for notification, 5 further assessment, referral, and eligibility for services by 6 professionals or paraprofessionals consistent with the level 7 of risk. Procedures for developing and using the screening 8 instrument, notification, referral, and care coordination 9 services, reporting requirements, management information, and 10 maintenance of a computer-driven registry in the Office of 11 Vital Statistics which ensures privacy safeguards must be 12 consistent with the provisions and plans established under 13 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures 14 established for reporting information and maintaining a 15 confidential registry must include a mechanism for a 16 centralized information depository at the state and county 17 levels. The department shall coordinate with existing risk 18 assessment systems and information registries. The department 19 must ensure, to the maximum extent possible, that the 20 screening information registry is integrated with the 21 department's automated data systems, including the Florida 22 On-line Recipient Integrated Data Access (FLORIDA) system. 23 Tests and screenings must be performed by the State Public 24 Health Laboratory, in coordination with Children's Medical 25 Services, at such times and in such manner as is prescribed by 26 the department after consultation with the Genetics and Infant 27 Screening Advisory Council and the State Coordinating Council 28 for School Readiness Programs. 29 (c) Release of screening results.--Notwithstanding any 30 other law to the contrary, the State Public Health Laboratory 31 may release, directly or through the Children's Medical 22 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 Services program, the results of a newborn's hearing and 2 metabolic tests or screening to the newborn's primary care 3 physician. 4 (2) RULES.--After consultation with the Genetics and 5 Newborn Infant Screening Advisory Council, the department 6 shall adopt and enforce rules requiring that every newborn 7 infant born in this state shall, prior to becoming 1 week 2 8 weeks of age, be subjected to a test for phenylketonuria and, 9 at the appropriate age, be tested for such other metabolic 10 diseases and hereditary or congenital disorders as the 11 department may deem necessary from time to time. After 12 consultation with the State Coordinating Council for School 13 Readiness Programs, the department shall also adopt and 14 enforce rules requiring every newborn infant born in this 15 state to be screened for environmental risk factors that place 16 children and their families at risk for increased morbidity, 17 mortality, and other negative outcomes. The department shall 18 adopt such additional rules as are found necessary for the 19 administration of this section, including rules providing 20 definitions of terms, rules relating to the methods used and 21 time or times for testing as accepted medical practice 22 indicates, rules relating to charging and collecting fees for 23 screenings authorized by this section, rules for processing 24 requests and releasing test and screening results, and rules 25 requiring mandatory reporting of the results of tests and 26 screenings for these conditions to the department. 27 (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.--The 28 department shall administer and provide certain services to 29 implement the provisions of this section and shall: 30 (f) Promote the availability of genetic studies and 31 counseling in order that the parents, siblings, and affected 23 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 newborns infants may benefit from available knowledge of the 2 condition. 3 (g) Have the authority to charge and collect fees for 4 screenings authorized in this section, as follows: 5 1. A fee of $20 will be charged for each live birth, 6 as recorded by the Office of Vital Statistics, occurring in a 7 hospital licensed under part I of chapter 395 or a birth 8 center licensed under s. 383.305, up to 3,000 live births per 9 licensed hospital per year or over 60 births per birth center 10 per year. The department shall calculate the annual 11 assessment for each hospital and birth center, and this 12 assessment must be paid in equal amounts quarterly. Quarterly, 13 the department shall generate and mail to each hospital and 14 birth center a statement of the amount due. 15 2. As part of the department's legislative budget 16 request prepared pursuant to chapter 216, the department shall 17 submit a certification by the department's inspector general, 18 or the director of auditing within the inspector general's 19 office, of the annual costs of the uniform testing and 20 reporting procedures of the newborn infant screening program. 21 In certifying the annual costs, the department's inspector 22 general or the director of auditing within the inspector 23 general's office shall calculate the direct costs of the 24 uniform testing and reporting procedures, including applicable 25 administrative costs. Administrative costs shall be limited to 26 those department costs which are reasonably and directly 27 associated with the administration of the uniform testing and 28 reporting procedures of the newborn infant screening program. 29 30 All provisions of this subsection must be coordinated with the 31 provisions and plans established under this chapter, chapter 24 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 411, and Pub. L. No. 99-457. 2 (5) ADVISORY COUNCIL.--There is established a Genetics 3 and Newborn Infant Screening Advisory Council made up of 15 12 4 members appointed by the Secretary of Health. The council 5 shall be composed of two consumer members, three practicing 6 pediatricians, at least one of whom must be a pediatric 7 hematologist, one representative from each of the four medical 8 schools in the state, the Secretary of Health or his or her 9 designee, one representative from the Department of Health 10 representing Children's Medical Services, one representative 11 from the Florida Hospital Association, one individual with 12 experience in newborn screening programs, one individual 13 representing audiologists, and one representative from the 14 Developmental Disabilities Program Office of the Department of 15 Children and Family Services. All appointments shall be for a 16 term of 4 years. The chairperson of the council shall be 17 elected from the membership of the council and shall serve for 18 a period of 2 years. The council shall meet at least 19 semiannually or upon the call of the chairperson. The council 20 may establish ad hoc or temporary technical advisory groups to 21 assist the council with specific topics which come before the 22 council. Council members shall serve without pay. Pursuant to 23 the provisions of s. 112.061, the council members are entitled 24 to be reimbursed for per diem and travel expenses. It is the 25 purpose of the council to advise the department about: 26 (a) Conditions for which testing should be included 27 under the screening program and the genetics program.; 28 (b) Procedures for collection and transmission of 29 specimens and recording of results.; and 30 (c) Methods whereby screening programs and genetics 31 services for children now provided or proposed to be offered 25 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 in the state may be more effectively evaluated, coordinated, 2 and consolidated. 3 Section 27. Subsection (1) of section 383.402, Florida 4 Statutes, is amended to read: 5 383.402 Child abuse death review; State Child Abuse 6 Death Review Committee; local child abuse death review 7 committees.-- 8 (1) It is the intent of the Legislature to establish a 9 statewide multidisciplinary, multiagency child abuse death 10 assessment and prevention system that consists of state and 11 local review committees. The state and local review committees 12 shall review the facts and circumstances of all deaths of 13 children from birth through age 18 which occur in this state 14 as the result of verified child abuse or neglect and for whom 15 at least one report of abuse or neglect was accepted by the 16 central abuse hotline within the Department of Children and 17 Family Services. The purpose of the review shall be to: 18 (a) Achieve a greater understanding of the causes and 19 contributing factors of deaths resulting from child abuse. 20 (b) Whenever possible, develop a communitywide 21 approach to address such cases and contributing factors. 22 (c) Identify any gaps, deficiencies, or problems in 23 the delivery of services to children and their families by 24 public and private agencies which may be related to deaths 25 that are the result of child abuse. 26 (d) Make and implement recommendations for changes in 27 law, rules, and policies, as well as develop practice 28 standards that support the safe and healthy development of 29 children and reduce preventable child abuse deaths. 30 Section 28. Subsection (2) of section 391.021, Florida 31 Statutes, is amended to read: 26 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 391.021 Definitions.--When used in this act, unless 2 the context clearly indicates otherwise: 3 (2) "Children with special health care needs" means 4 those children younger than under age 21 years of age who have 5 chronic physical, developmental, behavioral, or emotional 6 conditions and who also require health care and related 7 services of a type or amount beyond that which is generally 8 required by children whose serious or chronic physical or 9 developmental conditions require extensive preventive and 10 maintenance care beyond that required by typically healthy 11 children. Health care utilization by these children exceeds 12 the statistically expected usage of the normal child adjusted 13 for chronological age. These children often need complex care 14 requiring multiple providers, rehabilitation services, and 15 specialized equipment in a number of different settings. 16 Section 29. Section 391.025, Florida Statutes, is 17 amended to read: 18 391.025 Applicability and scope.-- 19 (1) This act applies to health services provided to 20 eligible individuals who are: 21 (a)1. Enrolled in the Medicaid program; 22 2. Enrolled in the Florida Kidcare program; and 23 3. Uninsured or underinsured, provided that they meet 24 the financial eligibility requirements established in this 25 act, and to the extent that resources are appropriated for 26 their care; or 27 (b) Infants who receive an award of compensation under 28 s. 766.31(1). 29 (1)(2) The Children's Medical Services program 30 consists of the following components: 31 (a) The newborn infant metabolic screening program 27 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 established in s. 383.14. 2 (b) The regional perinatal intensive care centers 3 program established in ss. 383.15-383.21. 4 (c) A federal or state program authorized by the 5 Legislature. 6 (d) The developmental evaluation and intervention 7 program, including the Florida Infants and Toddlers Early 8 Intervention Program. 9 (e) The Children's Medical Services network. 10 (2)(3) The Children's Medical Services program shall 11 not be deemed an insurer and is not subject to the licensing 12 requirements of the Florida Insurance Code or the rules 13 adopted thereunder, when providing services to children who 14 receive Medicaid benefits, other Medicaid-eligible children 15 with special health care needs, and children participating in 16 the Florida Kidcare program. 17 Section 30. Section 391.029, Florida Statutes, is 18 amended to read: 19 391.029 Program eligibility.-- 20 (1) The department shall establish the medical 21 criteria to determine if an applicant for the Children's 22 Medical Services program is an eligible individual. 23 (2) The following individuals are financially eligible 24 to receive services through for the program: 25 (a) A high-risk pregnant female who is eligible for 26 Medicaid. 27 (b) Children A child with special health care needs 28 from birth to age 21 years of age who are is eligible for 29 Medicaid. 30 (c) Children A child with special health care needs 31 from birth to age 19 years of age who are is eligible for a 28 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 program under Title XXI of the Social Security Act. 2 (3) Subject to the availability of funds, the 3 following individuals may receive services through the 4 program: 5 (a)(d) Children A child with special health care needs 6 from birth to age 21 years of age whose family income is above 7 the requirements for financial eligibility under Title XXI of 8 the Social Security Act and whose projected annual cost of 9 care adjusts the family income to Medicaid financial criteria. 10 In cases where the family income is adjusted based on a 11 projected annual cost of care, the family shall participate 12 financially in the cost of care based on criteria established 13 by the department. 14 (b)(e) Children A child with special health care needs 15 from birth to 21 years of age, as provided defined in Title V 16 of the Social Security Act relating to children with special 17 health care needs. 18 (c)(f) An infant who receives an award of compensation 19 under s. 766.31(1). The Florida Birth-Related Neurological 20 Injury Compensation Association shall reimburse the Children's 21 Medical Services Network the state's share of funding, which 22 must thereafter be used to obtain matching federal funds under 23 Title XXI of the Social Security Act. 24 25 The department may continue to serve certain children with 26 special health care needs who are 21 years of age or older and 27 who were receiving services from the program prior to April 1, 28 1998. Such children may be served by the department until 29 July 1, 2000. 30 (4)(3) The department shall determine the financial 31 and medical eligibility of children for the program. The 29 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 department shall also determine the financial ability of the 2 parents, or persons or other agencies having legal custody 3 over such individuals, to pay the costs of health services 4 under the program. The department may pay reasonable travel 5 expenses related to the determination of eligibility for or 6 the provision of health services. 7 (5)(4) Any child who has been provided with surgical 8 or medical care or treatment under this act prior to being 9 adopted shall continue to be eligible to be provided with such 10 care or treatment after his or her adoption, regardless of the 11 financial ability of the persons adopting the child. 12 Section 31. Subsection (4) is added to section 13 391.035, Florida Statutes, to read: 14 391.035 Provider qualifications.-- 15 (4) Notwithstanding any other law, the department may 16 contract with health care providers licensed in another state 17 to provide health services to participants in the Children's 18 Medical Services program when necessary due to an emergency or 19 in order to provide specialty services or greater convenience 20 to the participants for receiving timely and effective health 21 care services. The department may adopt rules to administer 22 this subsection. 23 Section 32. Subsection (4) is added to section 24 391.055, Florida Statutes, to read: 25 391.055 Service delivery systems.-- 26 (4) If a newborn has an abnormal screening result for 27 metabolic or other hereditary and congenital disorders which 28 is identified through the newborn screening program pursuant 29 to s. 383.14, the newborn shall be referred to the Children's 30 Medical Services program for additional testing, medical 31 management, early intervention services, or medical referral. 30 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 Section 33. Section 391.302, Florida Statutes, is 2 amended to read: 3 391.302 Definitions.--As used in ss. 391.301-391.307, 4 the term: 5 (1) "Developmental intervention" means individualized 6 therapies and services needed to enhance both the infant's or 7 toddler's growth and development and family functioning. 8 (2) "Hearing-impaired infant" means an infant who is 9 born with or who has acquired prelingually a hearing loss so 10 severe that, unaided, the infant cannot learn speech and 11 language through normal means. 12 (3) "High-risk hearing-impaired infant" means an 13 infant who exhibits conditions and factors that include, but 14 are not limited to, a family history of hearing impairment or 15 anatomic malformation which place the infant at an increased 16 risk for hearing impairment. 17 (2)(4) "Infant or toddler" means a child from birth 18 until the child's third birthday. 19 (3)(5) "In-hospital intervention services" means the 20 provision of assessments; the provision of individualized 21 services therapies; monitoring and modifying the delivery of 22 medical interventions; and enhancing the environment for the 23 high-risk, developmentally disabled, or medically involved, or 24 hearing-impaired infant or toddler in order to achieve optimum 25 growth and development. 26 (4)(6) "Parent support and training" means a range of 27 services to families of high-risk, developmentally disabled, 28 or medically involved, or hearing-impaired infants or 29 toddlers, including family counseling; financial planning; 30 agency referral; development of parent-to-parent support 31 groups; education concerning growth, development, and 31 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 developmental intervention and objective measurable skills, 2 including abuse avoidance skills; training of parents to 3 advocate for their child; and bereavement counseling. 4 Section 34. Section 391.303, Florida Statutes, is 5 amended to read: 6 391.303 Program requirements.-- 7 (1) Developmental evaluation and intervention services 8 shall be established at each hospital that provides Level II 9 or Level III neonatal intensive care services. Program 10 services shall be made available to an infant or toddler 11 identified as being at risk for developmental disabilities, or 12 identified as medically involved, who, along with his or her 13 family, would benefit from program services. Program services 14 shall be made available to infants or toddlers in a Level II 15 or Level III neonatal intensive care unit or in a pediatric 16 intensive care unit, infants who are identified as being at 17 high risk for hearing impairment or who are hearing-impaired, 18 or infants who have a metabolic or genetic disorder or a 19 condition identified through the newborn screening program. 20 The developmental evaluation and intervention programs are 21 subject to the availability of moneys and the limitations 22 established by the General Appropriations Act or chapter 216. 23 Hearing screening, Evaluation and referral services, and 24 initial developmental assessments services shall be provided 25 to each infant or toddler. Other program services may be 26 provided to an infant or toddler, and the family of the infant 27 or toddler, who do not meet the financial eligibility criteria 28 for the Children's Medical Services program based on the 29 availability of funding, including insurance and fees. 30 (2) Each developmental evaluation and intervention 31 program shall have a program director, a medical director, and 32 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 necessary staff to carry out the program. The program director 2 shall establish and coordinate the developmental evaluation 3 and intervention program. The program shall include, but is 4 not limited to: 5 (a) In-hospital evaluation and intervention services, 6 parent support and training, and family support planning and 7 case management. 8 (b) Screening and evaluation services to identify each 9 infant at risk of hearing impairment, and a medical and 10 educational followup and care management program for an infant 11 who is identified as hearing-impaired, with management 12 beginning as soon after birth as practicable. The medical 13 management program must include the genetic evaluation of an 14 infant suspected to have genetically determined deafness and 15 an evaluation of the relative risk. 16 (b)(c) Regularly held multidisciplinary team meetings 17 to develop and update the family support plan. In addition to 18 the family, a multidisciplinary team may include a physician, 19 physician assistant, psychologist, psychotherapist, educator, 20 social worker, nurse, physical or occupational therapist, 21 speech pathologist, developmental evaluation and intervention 22 program director, case manager, others who are involved with 23 the in-hospital and posthospital discharge care plan, and 24 anyone the family wishes to include as a member of the team. 25 The family support plan is a written plan that describes the 26 infant or toddler, the therapies and services the infant or 27 toddler and his or her family need, and the intended outcomes 28 of the services. 29 (c)(d) Discharge planning by the multidisciplinary 30 team, including referral and followup to primary medical care 31 and modification of the family support plan. 33 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (d)(e) Education and training for neonatal and 2 pediatric intensive care services staff, volunteers, and 3 others, as needed, in order to expand the services provided to 4 high-risk, developmentally disabled, or medically involved, or 5 hearing-impaired infants and toddlers and their families. 6 (e)(f) Followup intervention services after hospital 7 discharge, to aid the family and the high-risk, 8 developmentally disabled, or medically involved, or 9 hearing-impaired infant's or toddler's transition into the 10 community. Support services shall be coordinated at the 11 request of the family and within the context of the family 12 support plan. 13 (f)(g) Referral to and coordination of services with 14 community providers. 15 (g)(h) Educational materials about infant care, infant 16 growth and development, community resources, medical 17 conditions and treatments, and family advocacy. Materials 18 regarding hearing impairments shall be provided to each parent 19 or guardian of a hearing-impaired infant or toddler. 20 (h)(i) Involvement of the parents and guardians of 21 each identified high-risk, developmentally disabled, or 22 medically involved, or hearing-impaired infant or toddler. 23 Section 35. Section 391.308, Florida Statutes, is 24 created to read: 25 391.308 Infants and Toddlers Early Intervention 26 Program.--The Department of Health may implement and 27 administer Part C of the federal Individuals with Disabilities 28 Education Act (IDEA). 29 (1) The department, jointly with the Department of 30 Education, shall annually prepare a grant application to the 31 United States Department of Education for funding early 34 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 intervention services for infants and toddlers with 2 disabilities, from birth through 36 months of age, and their 3 families pursuant to Part C of the federal Individuals with 4 Disabilities Education Act. 5 (2) The department, jointly with the Department of 6 Education, shall include a reading initiative as an early 7 intervention service for infants and toddlers. 8 Section 36. Subsection (1) of section 395.003, Florida 9 Statutes, is amended to read: 10 395.003 Licensure; issuance, renewal, denial, 11 modification, suspension, and revocation.-- 12 (1)(a) A No person may not shall establish, conduct, 13 or maintain a hospital, ambulatory surgical center, or mobile 14 surgical facility in this state without first obtaining a 15 license under this part. 16 (b)1. It is unlawful for a any person to use or 17 advertise to the public, in any way or by any medium 18 whatsoever, any facility as a "hospital," "ambulatory surgical 19 center," or "mobile surgical facility" unless such facility 20 has first secured a license under the provisions of this part. 21 2. Nothing in This part does not apply applies to 22 veterinary hospitals or to commercial business establishments 23 using the word "hospital," "ambulatory surgical center," or 24 "mobile surgical facility" as a part of a trade name if no 25 treatment of human beings is performed on the premises of such 26 establishments. 27 3. By December 31, 2004, the agency shall submit a 28 report to the President of the Senate and the Speaker of the 29 House of Representatives recommending whether it is in the 30 public interest to allow a hospital to license or operate an 31 emergency department located off the premises of the hospital. 35 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 If the agency finds it to be in the public interest, the 2 report shall also recommend licensure criteria for such 3 medical facilities, including criteria related to quality of 4 care and, if deemed necessary, the elimination of the 5 possibility of confusion related to the service capabilities 6 of such facility in comparison to the service capabilities of 7 an emergency department located on the premises of the 8 hospital. Until July 1, 2005, additional emergency departments 9 located off the premises of licensed hospitals may not be 10 authorized by the agency. 11 Section 37. Present subsections (3) and (4) of section 12 395.1027, Florida Statutes, are redesignated as subsections 13 (4) and (5), respectively, and a new subsection (3) is added 14 to that section, to read: 15 395.1027 Regional poison control centers.-- 16 (3) Upon request, a licensed facility shall release to 17 a regional poison control center any patient information that 18 is necessary for case management of poison cases. 19 Section 38. Section 395.404, Florida Statutes, is 20 amended to read: 21 395.404 Review of trauma registry data; report to 22 central registry; confidentiality and limited release.-- 23 (1)(a) Each trauma center shall furnish, and, upon 24 request of the department, all acute care hospitals shall 25 furnish for department review, trauma registry data as 26 prescribed by rule of the department for the purpose of 27 monitoring patient outcome and ensuring compliance with the 28 standards of approval. 29 (b) Trauma registry data obtained pursuant to this 30 subsection are confidential and exempt from the provisions of 31 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 36 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 However, the department may provide such trauma registry data 2 to the person, trauma center, hospital, emergency medical 3 service provider, local or regional trauma agency, medical 4 examiner, or other entity from which the data were obtained. 5 The department may also use or provide trauma registry data 6 for purposes of research in accordance with the provisions of 7 chapter 405. 8 (2) Each trauma center, pediatric trauma referral 9 center, and acute care hospital shall report to the 10 department's brain and spinal cord injury central registry, 11 consistent with the procedures and timeframes of s. 381.74, 12 any person who has a moderate-to-severe brain or spinal cord 13 injury, and shall include in the report the name, age, 14 residence, and type of disability of the individual and any 15 additional information that the department finds necessary. 16 Notwithstanding the provisions of s. 381.74, each trauma 17 center and acute care hospital shall submit severe disability 18 and head-injury registry data to the department as provided by 19 rule. Each trauma center and acute care hospital shall 20 continue to provide initial notification of persons who have 21 severe disabilities and head injuries to the Department of 22 Health within timeframes provided in chapter 413. Such initial 23 notification shall be made in the manner prescribed by the 24 Department of Health for the purpose of providing timely 25 vocational rehabilitation services to the severely disabled or 26 head-injured person. 27 (3) Trauma registry data obtained pursuant to this 28 section are confidential and exempt from the provisions of s. 29 119.07(1) and s. 24(a), Art. I of the State Constitution. 30 However, the department may provide such trauma registry data 31 to the person, trauma center, pediatric trauma referral 37 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 center, hospital, emergency medical service provider, local or 2 regional trauma agency, medical examiner, or other entity from 3 which the data were obtained. The department may also use or 4 provide trauma registry data for purposes of research in 5 accordance with the provisions of chapter 405. 6 Section 39. Paragraph (h) is added to subsection (3) 7 of section 400.9905, Florida Statutes, to read: 8 400.9905 Definitions.-- 9 (3) "Clinic" means an entity at which health care 10 services are provided to individuals and which tenders charges 11 for reimbursement for such services. For purposes of this 12 part, the term does not include and the licensure requirements 13 of this part do not apply to: 14 (h) Entities that provide only oncology or radiation 15 therapy services by physicians licensed under chapter 458 or 16 chapter 459. 17 Section 40. The amendment made by this act to section 18 400.9905(3), Florida Statutes, is intended to clarify the 19 legislative intent of this provision as it existed at the time 20 the provision initially took effect as section 456.0375(1)(b), 21 Florida Statutes, and section 400.9905(3)(h), Florida 22 Statutes, as created by this act, shall operate retroactively 23 to October 1, 2001. 24 Section 41. Section 401.211, Florida Statutes, is 25 amended to read: 26 401.211 Legislative intent.--The Legislature 27 recognizes that the systematic provision of emergency medical 28 services saves lives and reduces disability associated with 29 illness and injury. In addition, that system of care must be 30 equally capable of assessing, treating, and transporting 31 children, adults, and frail elderly persons. Further, it is 38 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 the intent of the Legislature to encourage the development and 2 maintenance of emergency medical services because such 3 services are essential to the health and well-being of all 4 citizens of the state. The Legislature also recognizes that 5 the establishment of a comprehensive statewide 6 injury-prevention program supports state and community health 7 systems by further enhancing the total delivery system of 8 emergency medical services and reduces injuries for all 9 persons. The purpose of this part is to protect and enhance 10 the public health, welfare, and safety through the 11 establishment of an emergency medical services state plan, an 12 advisory council, a comprehensive statewide injury-prevention 13 program, minimum standards for emergency medical services 14 personnel, vehicles, services and medical direction, and the 15 establishment of a statewide inspection program created to 16 monitor the quality of patient care delivered by each licensed 17 service and appropriately certified personnel. 18 Section 42. Section 401.243, Florida Statutes, is 19 created to read: 20 401.243 Injury prevention.--The department shall 21 establish an injury-prevention program with responsibility for 22 the statewide coordination and expansion of injury-prevention 23 activities. The duties of the department under the program may 24 include, but are not limited to, data collection, 25 surveillance, education, and the promotion of interventions. 26 In addition, the department may: 27 (1) Provide communities, county health departments, 28 and other state agencies with expertise and guidance in injury 29 prevention. 30 (2) Seek, receive, and expend funds received from 31 grants, donations, or contributions from public or private 39 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 sources for program purposes. 2 (3) Develop, and revise as necessary, a comprehensive 3 state plan for injury prevention. 4 (4) Adopt rules governing the implementation of grant 5 programs. The rules may include, but need not be limited to, 6 criteria regarding the application process, the selection of 7 grantees, the implementation of injury-prevention activities, 8 data collection, surveillance, education, and the promotion of 9 interventions. 10 Section 43. Section 401.27001, Florida Statutes, is 11 created to read: 12 401.27001 Background screening required for 13 certification.-- 14 (1) An applicant for initial certification under s. 15 401.27 must submit information and a set of fingerprints to 16 the Department of Health on a form and according to procedures 17 specified by the department, along with payment in an amount 18 equal to the costs incurred by the Department of Health for a 19 statewide criminal history check and a national criminal 20 history check of the applicant. 21 (2) An applicant for initial renewal of certification 22 on or after July 1, 2004, who has not previously submitted a 23 set of fingerprints to the Department of Health must submit 24 information required to perform a statewide criminal 25 background check and a set of fingerprints required to perform 26 a national criminal history check. The applicant must submit 27 the fingerprints on a form and under procedures specified by 28 the department for a national criminal history check, along 29 with payment in an amount equal to the costs incurred by the 30 department. For subsequent renewals, the department shall, by 31 rule, adopt an application form that includes an oath or 40 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 affirmation attesting to the existence of any criminal 2 convictions, regardless of plea or adjudication, which have 3 occurred since the previous certification. If there has been a 4 criminal conviction, the provisions of this section apply. The 5 department shall notify each current certificateholder of the 6 requirement to undergo a criminal history background screening 7 sufficiently in advance of the 2004 biennial expiration for 8 the certificateholder to provide the required information 9 prior to submission of the renewal certification application. 10 The department may not deny eligibility for renewal of the 11 first renewal application subsequent to July 1, 2004, due to a 12 delay in obtaining the criminal history from the Department of 13 Law Enforcement, the Federal Bureau of Investigation, or the 14 Division of State Fire Marshal if the applicant has submitted 15 the required criminal background screening information or 16 affidavit and fees with the renewal certification application. 17 A certificate that expires on December 1, 2004, may be renewed 18 subject to withdrawal of certification pending the 19 department's determination of whether the certificateholder 20 will be granted an exemption as provided in subsection (8). 21 The applicant must make timely application for renewal and 22 request the exemption from denial prior to expiration of the 23 certificate. 24 (3) Pursuant to the requirements of s. 120.60, an 25 application for certification must be processed within 90 days 26 after receipt of the completed application. An application for 27 certification is not complete until the criminal history and 28 certified copies of all court documents for an applicant 29 having a prior criminal conviction, pursuant to this section, 30 have been received by the department. 31 (4) The department shall submit the fingerprints and 41 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 information required for a statewide criminal history check to 2 the Department of Law Enforcement, and the Department of Law 3 Enforcement shall forward the fingerprints to the Federal 4 Bureau of Investigation for a national criminal history check 5 of the applicant. 6 (5) If an applicant has undergone a criminal history 7 check as a condition of employment or certification as a 8 firefighter under s. 633.34, the Division of State Fire 9 Marshal of the Department of Financial Services shall provide 10 the criminal history information regarding the applicant 11 seeking certification or renewal of certification under s. 12 401.27 to the department. Any applicant for initial 13 certification or renewal of certification who has already 14 submitted a set of fingerprints and information to the 15 Division of State Fire Marshal of the Department of Financial 16 Services for the criminal history check required for 17 employment and certification of firefighters under s. 633.34 18 within 2 years prior to application under s. 401.27 is not 19 required to provide to the department a subsequent set of 20 fingerprints or other duplicate information required for a 21 criminal history check if the applicant submits an affidavit 22 in a form prescribed by the department attesting that he or 23 she has been a state resident for the previous 2 years. 24 (6) Notwithstanding the grounds for certification 25 denial outlined in s. 401.411, an applicant must not have been 26 found guilty of, regardless of plea or adjudication, any 27 offense prohibited under any of the following provisions of 28 the Florida Statutes or under any similar statute of another 29 jurisdiction: 30 (a) Section 415.111, relating to abuse, neglect, or 31 exploitation of a vulnerable adult. 42 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (b) Section 782.04, relating to murder. 2 (c) Section 782.07, relating to manslaughter, 3 aggravated manslaughter of an elderly person or disabled 4 adult, or aggravated manslaughter of a child. 5 (d) Section 782.071, relating to vehicular homicide. 6 (e) Section 782.09, relating to killing of an unborn 7 child by injury to the mother. 8 (f) Section 784.011, relating to assault, if the 9 victim of the offense was a minor. 10 (g) Section 784.021, relating to aggravated assault. 11 (h) Section 784.03, relating to battery, if the victim 12 of the offense was a minor. 13 (i) Section 784.045, relating to aggravated battery. 14 (j) Section 784.01, relating to kidnapping. 15 (k) Section 787.02, relating to false imprisonment. 16 (l) Section 794.011, relating to sexual battery. 17 (m) Former s. 794.041, relating to prohibited acts of 18 persons in familial or custodial authority. 19 (n) Chapter 796, relating to prostitution. 20 (o) Section 798.02, relating to lewd and lascivious 21 behavior. 22 (p) Chapter 800, relating to lewdness and indecent 23 exposure. 24 (q) Section 806.01, relating to arson. 25 (r) Chapter 812, relating to theft, robbery, and 26 related crimes, if the offense was a felony. 27 (s) Section 817.563, relating to the fraudulent sale 28 of controlled substances, if the offense was a felony. 29 (t) Section 825.102, relating to abuse, aggravated 30 abuse, or neglect of an elderly person or disabled adult. 31 (u) Section 825.1025, relating to lewd or lascivious 43 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 offenses committed upon or in the presence of an elderly 2 person or disabled adult. 3 (v) Section 825.103, relating to exploitation of an 4 elderly person or disabled adult, if the offense was a felony. 5 (w) Section 826.04, relating to incest. 6 (x) Section 827.03, relating to child abuse, 7 aggravated child abuse, or neglect of a child. 8 (y) Section 827.04, relating to contributing to the 9 delinquency or dependency of a child. 10 (z) Former s. 827.05, relating to negligent treatment 11 of children. 12 (aa) Section 827.071, relating to sexual performance 13 by a child. 14 (bb) Chapter 847, relating to obscene literature. 15 (cc) Chapter 893, relating to drug abuse prevention 16 and control, if the offense was a felony or if any other 17 person involved in the offense was a minor. 18 (dd) An act that constitutes domestic violence, as 19 defined in s. 741.28. 20 (7) The department may grant to any applicant who 21 would otherwise be denied certification or recertification 22 under this subsection an exemption from that denial for: 23 (a) A felony committed more than 3 years prior to the 24 date of disqualification; 25 (b) A misdemeanor prohibited under any of the Florida 26 Statutes cited in this subsection or under similar statutes of 27 other jurisdictions; 28 (c) An offense that was a felony when committed but 29 that is currently a misdemeanor; 30 (d) A finding of delinquency; or 31 (e) The commission of an act of domestic violence as 44 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 defined in s. 741.28. 2 (8) For the department to grant an exemption to any 3 applicant under this section, the applicant must demonstrate 4 by clear and convincing evidence that the applicant should not 5 be disqualified from certification or renewed certification. 6 An applicant seeking an exemption has the burden of setting 7 forth sufficient evidence of rehabilitation, including, but 8 not limited to, the circumstances surrounding the criminal 9 incident for which an exemption is sought, the time period 10 that has elapsed since the incident, the nature of the harm 11 caused to the victim, and the history of the applicant since 12 the incident, or any other evidence or circumstances 13 indicating that the applicant will not present a danger if the 14 certification or renewed certification is granted. To make the 15 necessary demonstration, the applicant must request an 16 exemption and submit the required information supporting that 17 request at the time of application in order for the department 18 to make a determination in accordance with this section. 19 (9) Denial of certification or renewed certification 20 under subsection (6) may not be removed from, and an exemption 21 may not be granted to, any applicant who is found guilty of, 22 regardless of plea or adjudication, any felony covered by 23 subsection (6), solely by reason of a pardon, executive 24 clemency, or restoration of civil rights. 25 (10) The department shall adopt rules pursuant to 26 chapter 120 to administer this section. 27 Section 44. Subsection (4) of section 404.056, Florida 28 Statutes, is amended to read: 29 404.056 Environmental radiation standards and 30 projects; certification of persons performing measurement or 31 mitigation services; mandatory testing; notification on real 45 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 estate documents; rules.-- 2 (4) MANDATORY TESTING.--All public and private school 3 buildings or school sites housing students in kindergarten 4 through grade 12; all state-owned, state-operated, 5 state-regulated, or state-licensed 24-hour care facilities; 6 and all state-licensed day care centers for children or minors 7 which are located in counties designated within the Department 8 of Community Affairs' Florida Radon Protection Map Categories 9 as "Intermediate" or "Elevated Radon Potential" shall be 10 measured to determine the level of indoor radon, using 11 measurement procedures established by the department. Initial 12 measurements Testing shall be conducted completed within the 13 first year of construction in 20 percent of the habitable 14 first floor spaces within any of the regulated buildings and. 15 Initial measurements shall be completed and reported to the 16 department within 1 by July 1 of the year after the date the 17 building is opened for occupancy or within 1 year after 18 license approval for the entity residing in the existing 19 building. Followup testing must be completed in 5 percent of 20 the habitable first floor spaces within any of the regulated 21 buildings after the building has been occupied for 5 years, 22 and results must be reported to the department by the first 23 day July 1 of the 6th 5th year of occupancy. After radon 24 measurements have been made twice, regulated buildings need 25 not undergo further testing unless significant structural 26 changes occur. No funds collected pursuant to s. 553.721 shall 27 be used to carry out the provisions of this subsection. 28 Section 45. Subsection (5) of section 409.814, Florida 29 Statutes, is amended to read: 30 409.814 Eligibility.--A child whose family income is 31 equal to or below 200 percent of the federal poverty level is 46 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 eligible for the Florida Kidcare program as provided in this 2 section. In determining the eligibility of such a child, an 3 assets test is not required. An applicant under 19 years of 4 age who, based on a complete application, appears to be 5 eligible for the Medicaid component of the Florida Kidcare 6 program is presumed eligible for coverage under Medicaid, 7 subject to federal rules. A child who has been deemed 8 presumptively eligible for Medicaid shall not be enrolled in a 9 managed care plan until the child's full eligibility 10 determination for Medicaid has been completed. The Florida 11 Healthy Kids Corporation may, subject to compliance with 12 applicable requirements of the Agency for Health Care 13 Administration and the Department of Children and Family 14 Services, be designated as an entity to conduct presumptive 15 eligibility determinations. An applicant under 19 years of age 16 who, based on a complete application, appears to be eligible 17 for the Medikids, Florida Healthy Kids, or Children's Medical 18 Services network program component, who is screened as 19 ineligible for Medicaid and prior to the monthly verification 20 of the applicant's enrollment in Medicaid or of eligibility 21 for coverage under the state employee health benefit plan, may 22 be enrolled in and begin receiving coverage from the 23 appropriate program component on the first day of the month 24 following the receipt of a completed application. For 25 enrollment in the Children's Medical Services network, a 26 complete application includes the medical or behavioral health 27 screening. If, after verification, an individual is determined 28 to be ineligible for coverage, he or she must be disenrolled 29 from the respective Title XXI-funded Kidcare program 30 component. 31 (5) A child whose family income is above 200 percent 47 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 of the federal poverty level or a child who is excluded under 2 the provisions of subsection (4) may participate in the 3 Florida Healthy Kids program or the Medikids Kidcare program, 4 excluding the Medicaid program, but is subject to the 5 following provisions: 6 (a) The family is not eligible for premium assistance 7 payments and must pay the full cost of the premium, including 8 any administrative costs. 9 (b) The agency is authorized to place limits on 10 enrollment in Medikids by these children in order to avoid 11 adverse selection. The number of children participating in 12 Medikids whose family income exceeds 200 percent of the 13 federal poverty level must not exceed 10 percent of total 14 enrollees in the Medikids program. 15 (c) The board of directors of the Florida Healthy Kids 16 Corporation is authorized to place limits on enrollment of 17 these children in order to avoid adverse selection. In 18 addition, the board is authorized to offer a reduced benefit 19 package to these children in order to limit program costs for 20 such families. The number of children participating in the 21 Florida Healthy Kids program whose family income exceeds 200 22 percent of the federal poverty level must not exceed 10 23 percent of total enrollees in the Florida Healthy Kids 24 program. 25 (d) Children described in this subsection are not 26 counted in the annual enrollment ceiling for the Florida 27 Kidcare program. 28 Section 46. Subsection (7) of section 456.025, Florida 29 Statutes, is amended to read: 30 456.025 Fees; receipts; disposition.-- 31 (7) Each board, or the department if there is no 48 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 board, shall establish, by rule, a fee not to exceed $250 for 2 anyone seeking approval to provide continuing education 3 courses or programs and shall establish by rule a biennial 4 renewal fee not to exceed $250 for the renewal of providership 5 of such courses. The fees collected from continuing education 6 providers shall be used for the purposes of reviewing course 7 provider applications, monitoring the integrity of the courses 8 provided, and covering legal expenses incurred as a result of 9 not granting or renewing a providership, and developing and 10 maintaining an electronic continuing education tracking 11 system. The department shall implement an electronic 12 continuing education tracking system for each new biennial 13 renewal cycle for which electronic renewals are implemented 14 after the effective date of this act and shall integrate such 15 system into the licensure and renewal system. All approved 16 continuing education providers shall provide information on 17 course attendance to the department necessary to implement the 18 electronic tracking system. The department shall, by rule, 19 specify the form and procedures by which the information is to 20 be submitted. 21 Section 47. Section 456.0251, Florida Statutes, is 22 created to read: 23 456.0251 Continuing education.-- 24 (1) Unless otherwise provided in a profession's 25 practice act, each board, or the department if there is no 26 board, shall establish by rule procedures for approval of 27 continuing education providers and continuing education 28 courses for renewal of licenses. Except for those continuing 29 education courses whose subjects are prescribed by law, each 30 board, or the department if there is no board, may limit by 31 rule the subject matter for approved continuing education 49 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 courses to courses addressing the scope of practice of each 2 respective health care profession. 3 (2) Licensees who have not completed all of the 4 continuing education credits required for licensure during a 5 biennium may obtain an extension of 3 months from the date 6 after the end of the license renewal biennium within which to 7 complete the requisite hours for license renewal. Each board, 8 or the department if there is no board, shall establish by 9 rule procedures for requesting a 3-month extension and whether 10 proof of completion of some approved hours of continuing 11 education are required to be submitted with the request for 12 extension as a prerequisite for granting the request. 13 (3) Failure to complete the requisite number of hours 14 of continuing education hours within a license renewal 15 biennium or within a 3 month period from the date after the 16 end of the license renewal biennium, if requested, shall be 17 grounds for issuance of a citation and a fine, plus a 18 requirement that at least the deficit hours are completed 19 within a time established by rule of each board, or the 20 department if there is no board. Each board, or the department 21 if there is no board, shall establish by rule a fine for each 22 continuing education hour which was not completed within the 23 license renewal biennium or the 3-month period following the 24 last day of the biennium if so requested, not to exceed $500 25 per each hour not completed. The issuance of the citation and 26 fine shall not be considered discipline. A citation and a fine 27 issued under this subsection may only be issued to a licensee 28 a maximum of two times for two separate failures to complete 29 the requisite number of hours for license renewal. 30 (4) The department shall report to each board no later 31 than 3 months following the last day of the license renewal 50 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 biennium the percentage of licensees regulated by that board 2 who have not timely complied with the continuing education 3 requirements during the previous license renewal biennium for 4 which auditing of licensees regulated by that board are 5 completed. Each board shall direct the department the 6 percentage of licensees regulated by that board that are to be 7 audited during the next license renewal biennium. In addition 8 to the percentage of licensees audited as directed by the 9 boards, the department shall audit those licensees found to be 10 deficient during any of the two license renewal bienniums. 11 Section 48. Paragraph (ff) is added to subsection (1) 12 of section 456.072, Florida Statutes, to read: 13 456.072 Grounds for discipline; penalties; 14 enforcement.-- 15 (1) The following acts shall constitute grounds for 16 which the disciplinary actions specified in subsection (2) may 17 be taken: 18 (ff) Failure for a third or more times to complete the 19 requisite number of hours of continuing education hours within 20 a license renewal biennium period or within a 3-month period 21 from the date after the end of the license renewal biennium, 22 if the extension was requested. 23 Section 49. Subsection (1) and paragraph (g) of 24 subsection (3) of section 468.302, Florida Statutes, are 25 amended to read: 26 468.302 Use of radiation; identification of certified 27 persons; limitations; exceptions.-- 28 (1) Except as hereinafter provided in this section, a 29 no person may not shall use radiation or otherwise practice 30 radiologic technology on a human being unless he or she: 31 (a) Is a licensed practitioner; or 51 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (b) Is the holder of a certificate, as provided in 2 this part, and is operating under the direct supervision or 3 general supervision of a licensed practitioner in each 4 particular case. 5 (3) 6 (g)1. A person holding a certificate as a nuclear 7 medicine technologist may only: 8 a. Conduct in vivo and in vitro measurements of 9 radioactivity and administer radiopharmaceuticals to human 10 beings for diagnostic and therapeutic purposes. 11 b. Administer X radiation from a combination nuclear 12 medicine-computed tomography device if that radiation is 13 administered as an integral part of a nuclear medicine 14 procedure that uses an automated computed tomography protocol 15 for the purposes of attenuation correction and anatomical 16 localization and the person has received device-specific 17 training on the combination device. However, 18 2. The authority of a nuclear medicine technologist 19 under this paragraph excludes: 20 a. Radioimmunoassay and other clinical laboratory 21 testing regulated pursuant to chapter 483;. 22 b. Creating or modifying automated computed tomography 23 protocols; and 24 c. Any other operation of a computed tomography 25 device, especially for the purposes of stand-alone diagnostic 26 imaging, which must be performed by a general radiographer 27 certified under this part. 28 Section 50. Section 468.304, Florida Statutes, is 29 amended to read: 30 468.304 Certification examination; admission.--The 31 department shall certify admit to examination for 52 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 certification any applicant who meets the following criteria 2 pays to the department a nonrefundable fee not to exceed $100 3 plus the actual per-applicant cost to the department for 4 purchasing the examination from a national organization and 5 submits satisfactory evidence, verified by oath or 6 affirmation, that she or he: 7 (1) Pays to the department a nonrefundable fee that 8 may not exceed $100, plus the actual per-applicant cost to the 9 department for purchasing the examination from a national 10 organization. 11 (2) Submits a completed application on a form 12 specified by the department. An incomplete application expires 13 6 months after initial filing. The application must include 14 the social security number of the applicant. Each applicant 15 shall notify the department in writing of his or her current 16 mailing address. Notwithstanding any other law, service by 17 regular mail to an applicant's last reported mailing address 18 constitutes adequate and sufficient notice of any official 19 departmental communication to the applicant. 20 (3) Submits satisfactory evidence, verified by oath or 21 affirmation, that she or he: 22 (a)(1) Is at least 18 years of age at the time of 23 application; 24 (b)(2) Is a high school, vocational school, technical 25 school, or college graduate or has successfully completed the 26 requirements for a graduate equivalency diploma (GED) or its 27 equivalent; 28 (c)(3) Is of good moral character; and 29 (d) Has passed an examination as specified in s. 30 468.306 or meets the requirements specified in s. 468.3065; 31 and 53 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (e)1.(4)(a) Has successfully completed an educational 2 program, which program may be established in a hospital 3 licensed pursuant to chapter 395 or in an accredited 4 postsecondary academic institution which is subject to 5 approval by the department as maintaining a satisfactory 6 standard; or 7 2.a.(b)1. With respect to an applicant for a basic 8 X-ray machine operator's certificate, has completed a course 9 of study approved by the department with appropriate study 10 material provided the applicant by the department; 11 b.2. With respect to an applicant for a basic X-ray 12 machine operator-podiatric medicine certificate, has completed 13 a course of study approved by the department, provided that 14 such course of study shall be limited to that information 15 necessary to perform radiographic procedures within the scope 16 of practice of a podiatric physician licensed pursuant to 17 chapter 461; 18 c.3. With respect only to an applicant for a general 19 radiographer's certificate who is a basic X-ray machine 20 operator certificateholder, has completed an educational 21 program or a 2-year training program that takes into account 22 the types of procedures and level of supervision usually and 23 customarily practiced in a hospital, which educational or 24 training program complies with the rules of the department; or 25 d.4. With respect only to an applicant for a nuclear 26 medicine technologist's certificate who is a general 27 radiographer certificateholder, has completed an educational 28 program or a 2-year training program that takes into account 29 the types of procedures and level of supervision usually and 30 customarily practiced in a hospital, which educational or 31 training program complies with the rules of the department. 54 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (4) Submits complete documentation of any criminal 2 offense in any jurisdiction of which the applicant has been 3 found guilty, regardless of whether adjudication of guilt was 4 withheld, or to which the applicant has pled guilty or nolo 5 contendere. 6 (5) Submits complete documentation of any final 7 disciplinary action taken against the applicant by a licensing 8 or regulatory body in any jurisdiction, by a national 9 organization, or by a specialty board that is recognized by 10 the department. Disciplinary action includes revocation, 11 suspension, probation, reprimand, or being otherwise acted 12 against, including being denied certification or resigning 13 from or nonrenewal of membership taken in lieu of or in 14 settlement of a pending disciplinary case. 15 16 The department may not certify any applicant who has committed 17 an offense that would constitute a violation of any of the 18 provisions of s. 468.3101 or the rules adopted thereunder if 19 the applicant had been certified by the department at the time 20 of the offense. No application for a limited computed 21 tomography certificate shall be accepted. All persons holding 22 valid computed tomography certificates as of October 1, 1984, 23 are subject to the provisions of s. 468.309. 24 Section 51. Section 468.306, Florida Statutes, is 25 amended to read: 26 468.306 Examinations.--All applicants, except those 27 certified pursuant to s. 468.3065, shall be required to pass 28 an examination. The department is authorized to develop or 29 use examinations for each type of certificate. The department 30 may require an applicant who does not pass an examination 31 after five attempts to complete additional remedial education, 55 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 as specified by rule of the department, before admitting the 2 applicant to subsequent examinations. 3 (1) The department shall have the authority to 4 contract with organizations that develop such test 5 examinations. Examinations may be administered by the 6 department or the contracting organization. 7 (2) Examinations shall be given for each type of 8 certificate at least twice a year at such times and places as 9 the department may determine to be advantageous for 10 applicants. If an applicant applies less than 75 days before 11 an examination, the department may schedule the applicant for 12 a later examination. 13 (3) All examinations shall be written and include 14 positioning, technique, and radiation protection. The 15 department shall either pass or fail each applicant on the 16 basis of his or her final grade. The examination for a basic 17 X-ray machine operator shall include basic positioning and 18 basic techniques directly related to the skills necessary to 19 safely operate radiographic equipment. 20 (4) A nonrefundable fee not to exceed $75 plus the 21 actual per-applicant cost for purchasing the examination from 22 a national organization shall be charged for any subsequent 23 examination. 24 Section 52. Section 468.3065, Florida Statutes, is 25 amended to read: 26 468.3065 Certification by endorsement.--The department 27 may issue a certificate by endorsement to practice radiologic 28 technology to an applicant who, upon applying to the 29 department and remitting a nonrefundable fee not to exceed 30 $50, demonstrates to the department that he or she holds a 31 current certificate, license, or registration to practice 56 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 radiologic technology, provided that the requirements for such 2 certificate, license, or registration are deemed by the 3 department to be substantially equivalent to those established 4 under this part and rules adopted under this part hereunder. 5 Section 53. Subsection (1) of section 468.307, Florida 6 Statutes, is amended to read: 7 468.307 Certificate; issuance; display.-- 8 (1) The department shall issue a certificate to each 9 candidate who has met the requirements of ss. 468.304 and 10 468.306 or has qualified under s. 468.3065. The department may 11 by rule establish a subcategory of a certificate issued under 12 this part limiting the certificateholder to a specific 13 procedure or specific type of equipment. The first regular 14 certificate issued to a new certificateholder expires on the 15 last day of the certificateholder's birth month and shall be 16 valid for at least 12 months but no more than 24 months. 17 However, if the new certificateholder already holds a regular, 18 active certificate in a different category under this part, 19 the new certificate shall be combined with and expire on the 20 same date as the existing certificate. 21 Section 54. Section 468.309, Florida Statutes, is 22 amended to read: 23 468.309 Certificate; duration; renewal; reversion to 24 inactive status; members of Armed Forces and spouses.-- 25 (1)(a) A radiologic technologist's certificate issued 26 in accordance with this part expires as specified in rules 27 adopted by the department which establish a procedure for the 28 biennial renewal of certificates. A certificate shall be 29 renewed by the department for a period of 2 years upon payment 30 of a renewal fee in an amount not to exceed $75 and upon 31 submission of a renewal application containing such 57 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 information as the department deems necessary to show that the 2 applicant for renewal is a radiologic technologist in good 3 standing and has completed any continuing education 4 requirements that the department establishes. 5 (b) Sixty days before the end of the biennium, the 6 department shall mail a notice of renewal to the last known 7 address of the certificateholder. 8 (c) Each certificateholder shall notify the department 9 in writing of his or her current mailing address and place of 10 practice. Notwithstanding any other law, service by regular 11 mail to a certificateholder's last reported mailing address 12 constitutes adequate and sufficient notice of any official 13 departmental communication to the certificateholder. 14 (2) The department shall adopt rules establishing a 15 procedure for the biennial renewal of certificates. 16 (3) The department may, by rule, prescribe continuing 17 education requirements, not to exceed 24 hours each licensure 18 period, as a condition for renewal of a certificate. The 19 criteria for approval of continuing education providers, 20 courses, and programs shall be as specified approved by the 21 department. Continuing education, which may be required for 22 persons certified under this part, may be obtained through 23 home study courses approved by the department. 24 (4) Any certificate that which is not renewed by its 25 expiration date at the end of the biennium prescribed by the 26 department shall automatically be placed in an expired status, 27 and the certificateholder may not practice radiologic 28 technology until the certificate has been reactivated revert 29 to an inactive status. Such certificate may be reactivated 30 only if the certificateholder meets the other qualifications 31 for reactivation in s. 468.3095. 58 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (5) A certificateholder in good standing remains in 2 good standing when he or she becomes a member of the Armed 3 Forces of the United States on active duty without paying 4 renewal fees or accruing continuing education credits as long 5 as he or she is a member of the Armed Forces on active duty 6 and for a period of 6 months after discharge from active duty, 7 if he or she is not engaged in practicing radiologic 8 technology in the private sector for profit. The 9 certificateholder must pay a renewal fee and complete 10 continuing education not to exceed 12 classroom hours to renew 11 the certificate. 12 (6) A certificateholder who is in good standing 13 remains in good standing if he or she is absent from the state 14 because of his or her spouse's active duty with the Armed 15 Forces of the United States. The certificateholder remains in 16 good standing without paying renewal fees or completing 17 continuing education as long as his or her spouse is a member 18 of the Armed Forces on active duty and for a period of 6 19 months after the spouse's discharge from active duty, if the 20 certificateholder is not engaged in practicing radiologic 21 technology in the private sector for profit. The 22 certificateholder must pay a renewal fee and complete 23 continuing education not to exceed 12 classroom hours to renew 24 the certificate. 25 (7) A certificateholder may resign his or her 26 certification by submitting to the department a written, 27 notarized resignation on a form specified by the department. 28 The resignation automatically becomes effective upon the 29 department's receipt of the resignation form, at which time 30 the certificateholder's certification automatically becomes 31 null and void and may not be reactivated or renewed or used to 59 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 practice radiologic technology. A certificateholder who has 2 resigned may become certified again only by reapplying to the 3 department for certification as a new applicant and meeting 4 the certification requirements pursuant to s. 468.304 or s. 5 468.3065. Any disciplinary action that had been imposed on the 6 certificateholder prior to his or her resignation shall be 7 tolled until he or she again becomes certified. Any 8 disciplinary action proposed at the time of the 9 certificateholder's resignation shall be tolled until he or 10 she again becomes certified. 11 Section 55. Subsection (2) of section 468.3095, 12 Florida Statutes, is amended to read: 13 468.3095 Inactive status; reactivation; automatic 14 suspension; reinstatement.-- 15 (2)(a) A certificate that which has been expired 16 inactive for less than 10 years 1 year after the end of the 17 biennium prescribed by the department may be reactivated 18 renewed pursuant to s. 468.309 upon payment of the biennial 19 renewal fee and a late renewal fee, not to exceed $100, and 20 submission of a reactivation application containing any 21 information that the department deems necessary to show that 22 the applicant is a radiologic technologist in good standing 23 and has met the requirements for continuing education. The 24 renewed certificate shall expire 2 years after the date the 25 certificate automatically reverted to inactive status. 26 (b) A certificate which has been inactive for more 27 than 1 year may be reactivated upon application to the 28 department. The department shall prescribe, by rule, 29 continuing education requirements as a condition of 30 reactivating a certificate. The continuing education 31 requirements for reactivating a certificate may shall not 60 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 exceed 10 classroom hours for each year the certificate was 2 expired inactive and may not shall in no event exceed 100 3 classroom hours for all years in which the certificate was 4 expired inactive. 5 (b) A certificate that has been inactive for less than 6 10 years may be reactivated by meeting all of the requirements 7 of paragraph (a) for expired certificates, except for payment 8 of the fee for late renewal. 9 (c) A certificate that which has been inactive for 10 more than 10 years or more shall automatically becomes null 11 and void and may not be reactivated, renewed, or used to 12 practice radiologic technology be suspended. A 13 certificateholder whose certificate has become null and void 14 may become certified again only by reapplying to the 15 department as a new applicant and meeting the requirements of 16 s. 468.304 or s. 468.3065. 17 (d) When an expired or inactive certificate is 18 reactivated, the reactivated certificate expires on the last 19 day of the certificateholder's birth month and shall be valid 20 for at least 12 months but no more than 24 months. However, if 21 the reactivating certificateholder already holds a regular, 22 active certificate in a different category under this part, 23 the reactivated certificate shall be combined with and expire 24 on the same date as the existing certificate. One year before 25 the suspension, the department shall give notice to the 26 certificateholder. A suspended certificate may be reinstated 27 as provided for original issuance in s. 468.307. 28 Section 56. Subsection (1) of section 468.3101, 29 Florida Statutes, is amended, and subsections (5) and (6) are 30 added to that section, to read: 31 468.3101 Disciplinary grounds and actions.-- 61 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 (1) The department may make or require to be made any 2 investigations, inspections, evaluations, and tests, and 3 require the submission of any documents and statements, which 4 it considers necessary to determine whether a violation of 5 this part has occurred. The following acts shall be grounds 6 for disciplinary action as set forth in this section: 7 (a) Procuring, attempting to procure, or renewing a 8 certificate to practice radiologic technology by bribery, by 9 fraudulent misrepresentation, or through an error of the 10 department. 11 (b) Having a voluntary or mandatory certificate to 12 practice radiologic technology revoked, suspended, or 13 otherwise acted against, including being denied certification, 14 by a national organization; by a specialty board recognized by 15 the department; or by a the certification authority of another 16 state, territory, or country. 17 (c) Being convicted or found guilty, regardless of 18 adjudication, in any jurisdiction of a crime that which 19 directly relates to the practice of radiologic technology or 20 to the ability to practice radiologic technology. Pleading A 21 plea of nolo contendere shall be considered a conviction for 22 the purpose of this provision. 23 (d) Being convicted or found guilty, regardless of 24 adjudication, in any jurisdiction of a crime against a person. 25 Pleading A plea of nolo contendere shall be considered a 26 conviction for the purposes of this provision. 27 (e) Making or filing a false report or record that 28 which the certificateholder knows to be false, intentionally 29 or negligently failing to file a report or record required by 30 state or federal law, or willfully impeding or obstructing 31 such filing or inducing another to do so. Such reports or 62 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 records include only those reports or records which are signed 2 in the capacity as a radiologic technologist. 3 (f) Engaging in unprofessional conduct, which 4 includes, but is not limited to, any departure from, or the 5 failure to conform to, the standards of practice of radiologic 6 technology as established by the department, in which case 7 actual injury need not be established. 8 (g) Being unable to practice radiologic technology 9 with reasonable skill and safety to patients by reason of 10 illness; drunkenness; or use of alcohol, drugs, narcotics, 11 chemicals, or other materials or as a result of any mental or 12 physical condition. A radiologic technologist affected under 13 this paragraph shall, at reasonable intervals, be afforded an 14 opportunity to demonstrate that he or she can resume the 15 competent practice of radiologic technology with reasonable 16 skill and safety. 17 (h) Failing to report to the department any person who 18 the certificateholder knows is in violation of this part or of 19 the rules of the department. 20 (i) Violating any provision of this part, any rule of 21 the department, or any lawful order of the department 22 previously entered in a disciplinary proceeding or failing to 23 comply with a lawfully issued subpoena of the department. 24 (j) Employing, for the purpose of applying ionizing 25 radiation or otherwise practicing radiologic technology on a 26 to any human being, any individual who is not certified under 27 the provisions of this part. 28 (k) Testing positive for any drug, as defined in s. 29 112.0455, on any confirmed preemployment or employer-required 30 drug screening when the radiologic technologist does not have 31 a lawful prescription and legitimate medical reason for using 63 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 such drug. 2 (l) Failing to report to the department in writing 3 within 30 days after the certificateholder has had a voluntary 4 or mandatory certificate to practice radiologic technology 5 revoked, suspended, or otherwise acted against, including 6 being denied certification, by a national organization, by a 7 specialty board recognized by the department, or by a 8 certification authority of another state, territory, or 9 country. 10 (m) Having been found guilty of, regardless of 11 adjudication, or pleading guilty or nolo contendere to, any 12 offense prohibited under s. 435.03 or under any similar 13 statute of another jurisdiction. 14 (n) Failing to comply with the recommendations of the 15 department's impaired practitioner program for treatment, 16 evaluation, or monitoring. A letter from the director of the 17 impaired practitioner program that the certificateholder is 18 not in compliance shall be considered conclusive proof under 19 this part. 20 (5) A final disciplinary action taken against a 21 radiologic technologist in another jurisdiction, whether 22 voluntary or mandatory, shall be considered conclusive proof 23 of grounds for a disciplinary proceeding under this part. 24 (6) The department may revoke approval of a continuing 25 education provider and its approved courses if the provider's 26 certification has been revoked, suspended, or otherwise acted 27 against by a national organization; by a specialty board 28 recognized by the department; or by a certification authority 29 of another state, territory, or country. The department may 30 establish by rule additional guidelines and criteria for the 31 discipline of continuing education providers, including, but 64 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 not limited to, revoking approval of a continuing education 2 provider or a continuing education course and refusing to 3 approve a continuing education provider or continuing 4 education course. 5 Section 57. Paragraph (a) of subsection (5) of section 6 489.553, Florida Statutes, is amended to read: 7 489.553 Administration of part; registration 8 qualifications; examination.-- 9 (5) To be eligible for registration by the department 10 as a master septic tank contractor, the applicant must: 11 (a) Have been a registered septic tank contractor in 12 Florida for at least 3 years or a plumbing contractor 13 certified under part I of this chapter who has provided septic 14 tank contracting services for at least 3 years. The 3 years 15 must immediately precede the date of application and may not 16 be interrupted by any probation, suspension, or revocation 17 imposed by the licensing agency. 18 Section 58. Section 489.554, Florida Statutes, is 19 amended to read: 20 489.554 Registration renewal.-- 21 (1) The department shall prescribe by rule the method 22 for approving approval of continuing education courses, and 23 for renewing renewal of annual registration, for approving 24 inactive status for the late filing of a renewal application, 25 for allowing a contractor to hold a registration in inactive 26 status for a specified period, and for reactivating a 27 registration. 28 (2) At a minimum, annual renewal shall include 29 continuing education requirements of not less than 6 classroom 30 hours annually for septic tank contractors and not less than 31 12 classroom hours annually for master septic tank 65 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 contractors. The 12 classroom hours of continuing education 2 required for master septic tank contractors may include the 6 3 classroom hours required for septic tank contractors, but at a 4 minimum must include 6 classroom hours of approved master 5 septic tank contractor coursework. 6 (3) A certificate of registration becomes inactive 7 when a renewal application is not filed in a timely manner. A 8 certificate that has become inactive may be reactivated under 9 this section by application to the department. A licensed 10 contractor may apply to the department for voluntary inactive 11 status at any time during the period of registration. 12 (4) A master septic tank contractor may elect to 13 revert to the status of a registered septic tank contractor at 14 any time during the period of registration. The department 15 shall prescribe by rule the method for a master septic tank 16 contractor who has reverted to the status of a registered 17 septic tank contractor to apply for status as a master septic 18 tank contractor. 19 (5) The department shall deny an application for 20 renewal if the applicant has failed to pay any administrative 21 penalty imposed by the department if the penalty is final 22 agency action and all judicial reviews have been exhausted. 23 Section 59. Section 784.081, Florida Statutes, is 24 amended to read: 25 784.081 Assault or battery on specified officials or 26 employees; reclassification of offenses.--Whenever a person is 27 charged with committing an assault or aggravated assault or a 28 battery or aggravated battery upon any elected official or 29 employee of: a school district; a private school; the Florida 30 School for the Deaf and the Blind; a university developmental 31 research school; a state university or any other entity of the 66 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 state system of public education, as defined in s. 1000.04; an 2 employee or protective investigator of the Department of 3 Children and Family Services; or an employee of a lead 4 community-based provider and its direct service contract 5 providers; or an employee of the Department of Health or its 6 direct service contract providers, when the person committing 7 the offense knows or has reason to know the identity or 8 position or employment of the victim, the offense for which 9 the person is charged shall be reclassified as follows: 10 (1) In the case of aggravated battery, from a felony 11 of the second degree to a felony of the first degree. 12 (2) In the case of aggravated assault, from a felony 13 of the third degree to a felony of the second degree. 14 (3) In the case of battery, from a misdemeanor of the 15 first degree to a felony of the third degree. 16 (4) In the case of assault, from a misdemeanor of the 17 second degree to a misdemeanor of the first degree. 18 Section 60. Subsection (9) of section 381.0098, 19 paragraph (f) of subsection (2) of section 385.103, sections 20 385.205 and 385.209, subsection (3) of section 391.301, 21 subsection (2) of section 391.305, subsection (5) of section 22 393.064, and subsection (7) of section 445.033, Florida 23 Statutes, are repealed. 24 Section 61. The Technical Review and Advisory Panel of 25 the Department of Health, created by section 381.0068, Florida 26 Statutes, shall review and advise the Legislature on the need 27 and structure of a disciplinary board for the onsite sewage 28 industry. The panel shall submit a report to the Legislature 29 by January 2, 2005. 30 31 (Redesignate subsequent sections.) 67 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 21, after the semicolon, 4 5 insert: 6 amending s. 17.41, F.S.; authorizing funds from 7 the Tobacco Settlement Clearing Trust Fund to 8 be disbursed to the Biomedical Research Trust 9 Fund in the Department of Health; amending s. 10 20.43, F.S.; designating the Division of 11 Emergency Medical Services and Community Health 12 Resources as the "Division of Emergency Medical 13 Operations"; designating the Division of 14 Information Resource Management as the 15 "Division of Information Technology"; 16 designating the Division of Health Awareness 17 and Tobacco as the "Division of Health Access 18 and Tobacco"; creating the Division of 19 Disability Determinations; amending s. 20 216.2625, F.S.; providing that certain 21 positions within the Department of Health are 22 exempt from a limitation on the number of 23 authorized positions; amending s. 381.0011, 24 F.S.; revising duties of the Department of 25 Health; providing for a statewide injury 26 prevention program; amending s. 381.006, F.S.; 27 including within the department's environmental 28 health program the function of investigating 29 elevated levels of lead in blood; amending s. 30 381.0066, F.S.; continuing a requirement 31 imposing a permit fee on new construction; 68 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 creating s. 381.0069, F.S.; providing for the 2 regulation of portable restroom contracting; 3 providing definitions; requiring a portable 4 restroom contractor to apply for registration 5 with the Department of Health; providing 6 requirements for registration, including an 7 examination; providing exemptions; providing 8 for administration; providing rulemaking 9 authority; providing for renewal of 10 registration, including continuing education; 11 providing for certification of partnerships and 12 corporations; providing grounds for suspension 13 or revocation of registration; providing fees; 14 providing penalties and prohibitions; amending 15 s. 381.0061, F.S.; authorizing imposition of an 16 administrative fine for violation of portable 17 restroom contracting requirements; amending s. 18 381.0065, F.S.; specifying the department's 19 powers and duties with respect to the 20 regulation of portable restroom facilities and 21 the companies that provide and service them; 22 authorizing the department to enter the 23 business premises of any portable restroom 24 contractor for compliance determination and 25 enforcement; authorizing issuance of a citation 26 for violation of portable restroom contracting 27 requirements which may contain an order of 28 correction or a fine; amending s. 381.0072, 29 F.S.; exempting certain schools, bars, and 30 lounges from certification requirements for 31 food service managers; creating s. 381.0409, 69 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 F.S.; requiring the department to establish a 2 tobacco prevention program, contingent upon a 3 specific appropriation; specifying components 4 of the program; providing for the department to 5 provide technical assistance and training to 6 state and local entities; authorizing the 7 department to contract for program activities; 8 creating s. 381.86, F.S.; establishing the 9 Institutional Review Board within the 10 Department of Health to review certain 11 biomedical and behavioral research; providing 12 for the membership of the board; authorizing 13 board members to be reimbursed for per diem and 14 travel expenses; authorizing the department to 15 charge fees for the research oversight 16 performed by the board; authorizing the 17 department to adopt rules; amending s. 381.89, 18 F.S.; authorizing the Department of Health to 19 impose certain licensure fees on tanning 20 facilities; amending s. 381.90, F.S.; revising 21 the membership and reporting requirements of 22 the Health Information Systems Council; 23 amending s. 383.14, F.S.; authorizing the State 24 Public Health Laboratory to release certain 25 test results to a newborn's primary care 26 physician; revising certain testing 27 requirements for newborns; increasing the 28 membership of the Genetics and Newborn 29 Screening Advisory Council; amending s. 30 383.402, F.S.; revising the criteria under 31 which the state and local child abuse death 70 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 review committees are required to review the 2 death of a child; amending s. 391.021, F.S.; 3 redefining the term "children with special 4 health care needs" for purposes of the 5 Children's Medical Services Act; amending ss. 6 391.025, 391.029, 391.035, and 391.055, F.S., 7 relating to the Children's Medical Services 8 program; revising the application requirements 9 for the program; revising requirements for 10 eligibility for services under the program; 11 authorizing the department to contract with 12 out-of-state health care providers to provide 13 services to program participants; authorizing 14 the department to adopt rules; requiring that 15 certain newborns with abnormal screening 16 results be referred to the program; amending s. 17 391.302, F.S.; revising certain definitions 18 relating to developmental evaluation and 19 intervention services; amending s. 391.303, 20 F.S.; revising certain requirements for 21 providing those services; amending s. 391.308, 22 F.S.; creating the Infants and Toddlers Early 23 Intervention Program within the Department of 24 Health; requiring the department, jointly with 25 the Department of Education, to prepare grant 26 applications and to include certain services 27 under the program; amending s. 395.003, F.S.; 28 requiring a report by the Agency for Health 29 Care Administration regarding the licensure of 30 emergency departments located off the premises 31 of hospitals; prohibiting the issuance of 71 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 licenses for such departments before July 1, 2 2005; amending s. 395.1027, F.S.; authorizing 3 certain licensed facilities to release patient 4 information to regional poison control centers; 5 amending s. 395.404, F.S.; revising reporting 6 requirements to the trauma registry data system 7 maintained by the Department of Health; 8 providing that hospitals, pediatric trauma 9 referral centers, and trauma centers subject to 10 reporting trauma registry data to the 11 department are required to comply with other 12 duties concerning the moderate-to-severe brain 13 or spinal cord injury registry maintained by 14 the department; correcting references to the 15 term "trauma center"; amending s. 400.9905, 16 F.S.; providing that certain entities providing 17 oncology or radiation therapy services are 18 exempt from the licensure requirements of part 19 XIII of ch. 400, F.S.; providing legislative 20 intent with respect to such exemption; 21 providing for retroactive application; amending 22 s. 401.211, F.S.; providing legislative intent 23 with respect to a statewide injury-prevention 24 program; creating s. 401.243, F.S.; providing 25 duties of the department for establishing such 26 a program; authorizing the department to adopt 27 rules; creating s. 401.27001, F.S.; providing 28 requirements for background screening for 29 applicants for initial certification as an 30 emergency medical technician or paramedic and 31 for renewal of certification; requiring an 72 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 applicant to pay the costs of screening; 2 requiring that fingerprints be submitted to the 3 Department of Law Enforcement and forwarded to 4 the Federal Bureau of Investigation; specifying 5 the offenses that are grounds for denial of 6 certification; authorizing the department to 7 grant an exemption to an applicant, 8 notwithstanding certain convictions; requiring 9 the department to adopt rules; amending s. 10 404.056, F.S.; revising the radon testing 11 requirements for schools and certain 12 state-operated or state-licensed facilities; 13 amending s. 409.814, F.S.; providing certain 14 eligibility requirements for the Florida 15 Healthy Kids and Medikids programs; amending s. 16 456.025, F.S.; deleting requirements for the 17 Department of Health to administer an 18 electronic continuing education tracking system 19 for health care practitioners; creating s. 20 456.0251, F.S.; providing for enforcement of 21 continuing education requirements required for 22 license renewal; authorizing citations and 23 fines to be imposed for failure to comply with 24 required continuing education requirements; 25 amending s. 456.072, F.S.; providing for 26 discipline of licensees who fail to meet 27 continuing education requirements as a 28 prerequisite for license renewal three or more 29 times; amending s. 468.302, F.S.; revising 30 certain requirements for administering 31 radiation and performing certain other 73 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 procedures; amending s. 468.304, F.S.; revising 2 requirements for obtaining certification from 3 the department as an X-ray machine operator, a 4 radiographer, or a nuclear medicine 5 technologist; amending s. 468.306, F.S.; 6 requiring remedial education for certain 7 applicants for certification; amending s. 8 468.3065, F.S.; providing that the application 9 fee is nonrefundable; amending s. 468.307, 10 F.S.; revising the expiration date of a 11 certificate; amending s. 468.309, F.S.; 12 revising requirements for certification as a 13 radiologic technologist; providing for a 14 certificateholder to resign a certification; 15 amending s. 468.3095, F.S.; revising 16 requirements for reactivating an expired 17 certificate; amending s. 468.3101, F.S.; 18 authorizing the department to conduct 19 investigations and inspections; clarifying 20 certain grounds for disciplinary actions; 21 amending s. 489.553, F.S.; providing 22 requirements for registration as a master 23 septic tank contractor; amending s. 489.554, 24 F.S.; authorizing inactive registration as a 25 septic tank contractor; providing for renewing 26 a certification of registration following a 27 period of inactive status; amending s. 784.081, 28 F.S.; increasing certain penalties for an 29 assault or battery that is committed against an 30 employee of the Department of Health or against 31 a direct service provider of the department; 74 3:54 PM 04/22/04 s2216c2c-37e5z
SENATE AMENDMENT Bill No. CS for CS for SB 2216 Amendment No. ___ Barcode 142280 1 repealing ss. 381.0098(9), 385.103(2)(f), 2 385.205, 385.209, 391.301(3), 391.305(2), 3 393.064(5), and 445.033(7), F.S., relating to 4 obsolete provisions governing the handling of 5 biomedical waste, rulemaking authority with 6 respect to community intervention programs, 7 programs covering chronic renal disease, 8 information on cholesterol, intervention 9 programs for certain hearing-impaired infants, 10 contract authority over the Raymond C. Philips 11 Research and Education Unit, and an exemption 12 from the Florida Biomedical and Social Research 13 Act for certain evaluations; requiring a report 14 relating to a disciplinary board for the onsite 15 sewage industry; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 75 3:54 PM 04/22/04 s2216c2c-37e5z
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