Amendment
Bill No. 2216
Amendment No. 635371
CHAMBER ACTION
Senate House
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1Representative Homan offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Effective July 1, 2004, section 110.175,
6Florida Statutes, is created to read:
7     110.175  Employee health and wellness program.--
8     (1)  Each state agency may allocate, from existing
9resources, the necessary funding and facilities for the
10development and maintenance of an employee health and wellness
11program and may seek additional funding from other sources to
12support the program for the benefit of the agency's employees.
13     (2)  Each state agency may dedicate resources to develop
14and coordinate an employee health and wellness program or
15arrange to cooperate with other agencies within such agency's
16geographic proximity for program coordination, including
17providers of state employee benefits.
18     (3)  Each state agency electing to participate shall
19establish an employee health and wellness coordinator and
20advisory committee to guide the development of an operational
21plan, including the collection of data and development of goals
22and objectives, and to oversee program evaluation and use of any
23agency-allocated funds.
24     (4)  Each state agency may conduct and dedicate resources
25toward an employee needs assessment to ascertain the health-and-
26wellness-related needs of its employees.
27     (5)  Each state agency may establish policies that allow
28employees no more than 30 minutes of work time three times each
29week, as individual workload allows, to use for the purpose of
30engaging in health and wellness activities which may include
31physical activity, stress reduction, tobacco cessation, personal
32training, nutrition counseling, or weight reduction and control.
33Such 30-minute periods may be used to modify the start or end of
34the workday or to extend the lunch hour.
35     (6)  Each state agency shall use an employee health and
36wellness activity agreement form, developed by the Department of
37Health, to be completed by the employee, signed by both the
38employee and the employee's immediate supervisor, and kept in
39the employee's personnel file prior to the employee's
40participation in any activity. It is the responsibility of the
41employee to complete the form and submit it to the personnel
42office. Any change to the employee's activities requires
43submission of a revised form. An employee found to be in
44violation of the submitted agreement form is not allowed further
45participation in the program.
46     (7)  Each state agency may designate up to 1 hour each
47month for the purpose of providing inservice health and wellness
48training for its employees.
49     (8)  Each state agency may use electronic mail and other
50communication systems to promote the agency's employee health
51and wellness activities.
52     (9)  Each state agency may, and is encouraged to:
53     (a)  Enter into an agreement or contract with other public
54or private entities to collaborate or participate jointly in
55health or wellness education or activity programs.
56     (b)  Implement health education activities that focus on
57skill development and lifestyle behavior change along with
58information dissemination and awareness building, preferably
59tailored to the employees' interests and needs.
60     (c)  Review and offer recommendations to agency leadership
61on environmental and social support policies that pertain to
62improving the health of employees.
63     (d)  Link the employee health and wellness program to other
64programs such as the employee assistance program and other
65related programs to help employees balance work and family.
66     (e)  Offer free, low-cost, or employee-fee-based programs
67on site, including the designation of rooms for the express
68purpose of physical activity, nutrition, stress reduction, and
69weight control activities. Participating agencies with
70established employee health and wellness programs may purchase
71exercise equipment to be used in the room designated for this
72purpose.
73     (10)  Each state agency that develops and implements an
74employee health and wellness program shall include and document
75an evaluation and improvement process in an annual report to
76help enhance the program's efficiency and effectiveness. The
77annual report shall be submitted to the Department of Health on
78July 1 of each year. Agencies shall use an annual report
79template provided by the Department of Health to ensure
80consistency in the presentation of data and other evaluation
81results.
82     (11)  The Department of Health shall provide employee
83health and wellness model program guidelines and ongoing
84technical assistance to other state agencies to assist in the
85development of each agency's employee health and wellness
86program.
87     Section 2.  Subsections (6) and (7) are added to section
88381.0012, Florida Statutes, to read:
89     381.0012  Enforcement authority.--
90     (6)  When a violation of s. 386.01, s. 386.041, or
91environmental health rules adopted under this chapter occurs,
92and such violation is enforceable by administrative or civil
93remedy or is a second degree misdemeanor, the department may
94issue a citation that contains an order of correction, an order
95to pay a fine, or both. A citation issued under this subsection
96constitutes a notice of proposed agency action.
97     (a)  Citations must be in writing and must describe the
98particular nature of the violation, including specific reference
99to the provision of statute or rule allegedly violated.
100     (b)  The fines imposed may not exceed $500 for each
101violation. Each day constitutes a separate violation for which a
102citation may be issued.
103     (c)  The citing official shall inform the recipient, by
104written notice pursuant to ss. 120.569 and 120.57, of the right
105to an administrative hearing. The citation must contain a
106conspicuous statement that failure to pay the fine within the
107allotted time, or failure to appear to contest the citation
108after having requested a hearing, constitutes a waiver of the
109right to contest the citation.
110     (d)  The department may reduce or waive the fine imposed by
111the citation after giving due consideration to such factors as
112the gravity of the violation, the good faith of the person who
113has allegedly committed the violation, and the person's history
114of previous violations, including violations for which
115enforcement actions were taken under this section or other
116provisions of law.
117     (e)  A citation must read, in the space immediately above
118the signature line: "Signing this citation is not an admission
119of guilt. A refusal to sign this citation is a misdemeanor. You
120must be given a copy of this citation." Any person who willfully
121refuses to sign and accept a citation issued by the department
122commits a misdemeanor of the second degree, punishable as
123provided in s. 775.082 or s. 775.083.
124     (f)  The department shall deposit all fines collected under
125the authority of this subsection in the County Health Department
126Trust Fund for use in the environmental health program under
127which the fine was issued and shall use such fines to improve
128the respective programs or to provide training to the regulated
129industry and department staff working in such programs.
130     (g)  The provisions of this subsection are an alternative
131means of enforcing environmental health requirements which does
132not prohibit the department from using other means of
133enforcement. However, the department shall use only one method
134of enforcement for a single violation.
135     (7)  The department may use positive means of enforcement
136to ensure compliance with environmental health requirements
137specified in this chapter, ss. 386.01 and 386.041, or
138environmental health rules adopted under the authority of this
139chapter. Such means of enforcement may include requiring
140attendance at training courses applicable to the violations
141committed and requiring the use of best management practices
142currently used or recognized by the appropriate regulated
143industry or governmental agency.
144     Section 3.  Section 381.0033, Florida Statutes, is created
145to read:
146     381.0033  Influenza virus and pneumococcal bacteria
147vaccinations.--Hospitals licensed pursuant to chapter 395 shall
148implement a program, in accordance with the recommendations of
149the Advisory Committee on Immunization Practices of the United
150States Public Health Service, to offer immunizations against the
151influenza virus and pneumococcal bacteria to all patients 65
152years of age or older between October 1, or earlier if the
153vaccination is available, and February 1 of each year, subject
154to the availability of an adequate supply of the necessary
155vaccine and the clinical judgment of a responsible practitioner.
156     Section 4.  Paragraph (d) of subsection (3) of section
157381.004, Florida Statutes, is amended to read:
158     381.004  HIV testing.--
159     (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
160CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
161     (d)  No test result shall be determined as positive, and no
162positive test result shall be revealed to any person, without
163corroborating or confirmatory tests being conducted except in
164the following situations:
165     1.  Preliminary test results may be released to licensed
166physicians or the medical or nonmedical personnel subject to the
167significant exposure for purposes of subparagraphs (h)10., 11.,
168and 12.
169     2.  Preliminary test results may be released to health care
170providers and to the person tested when decisions about medical
171care or treatment of, or recommendation to, the person tested
172and, in the case of an intrapartum or postpartum woman, when
173care, treatment, or recommendations regarding her newborn,
174cannot await the results of confirmatory testing. Positive
175preliminary HIV test results shall not be characterized to the
176patient as a diagnosis of HIV infection. Justification for the
177use of preliminary test results must be documented in the
178medical record by the health care provider who ordered the test.
179This subparagraph does not authorize the release of preliminary
180test results for the purpose of routine identification of HIV-
181infected individuals or when HIV testing is incidental to the
182preliminary diagnosis or care of a patient. Corroborating or
183confirmatory testing must be conducted as followup to a positive
184preliminary test. Results shall be communicated to the patient
185according to statute regardless of the outcome. Except as
186provided in this section, test results are confidential and
187exempt from the provisions of s. 119.07(1).
188     3.  Positive rapid test results are considered preliminary
189and may be released in accordance with the manufacturer's
190instructions as approved by the United States Food and Drug
191Administration. Positive rapid test results require confirmatory
192testing for diagnosis and reporting of HIV infection.
193     Section 5.  Paragraph (a) of subsection (3) of section
194381.0065, Florida Statutes, is amended, and paragraph (c) is
195added to subsection (5) of said section, to read:
196     381.0065  Onsite sewage treatment and disposal systems;
197regulation.--
198     (3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
199department shall:
200     (a)  Adopt rules to administer ss. 381.0065-381.0067,
201including definitions that are consistent with the definitions
202in this section, decreases to setback requirements where no
203health hazard exists, increases for the lot-flow allowance for
204performance-based systems, requirements for separation from
205water table elevation during the wettest season, requirements
206for the design and construction of any component part of an
207onsite sewage treatment and disposal system, application and
208permit requirements for persons who maintain an onsite sewage
209treatment and disposal system, requirements for maintenance and
210service agreements for aerobic treatment units and performance-
211based treatment systems, and recommended standards, including
212disclosure requirements, for voluntary system inspections to be
213performed by individuals who are authorized by law to perform
214such inspections and who shall inform a person having ownership,
215control, or use of an onsite sewage treatment and disposal
216system of the inspection standards and of that person's
217authority to request an inspection based on all or part of the
218standards, and requirements for implementation of the United
219States Environmental Protection Agency's voluntary national
220guidelines for management of onsite and clustered or
221decentralized wastewater treatment systems.
222     (5)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
223     (c)  Department personnel may enter the premises of others
224when necessary to conduct site evaluations and inspections
225relating to the permitting of onsite sewage treatment and
226disposal systems. Such entry does not constitute trespass, and
227department personnel making such entry are not subject to arrest
228or to a civil action by reason of such entry. This paragraph
229does not authorize a department employee to destroy, injure,
230damage, or move anything on premises of another without the
231written permission of the landowner.
232     Section 6.  Subsections (1), (2), (3), and (6) and
233paragraph (a) of subsection (5) of section 381.0101, Florida
234Statutes, are amended to read:
235     381.0101  Environmental health professionals.--
236     (1)  LEGISLATIVE INTENT.--Persons responsible for providing
237technical and scientific evaluations of environmental health and
238sanitary conditions in business establishments and communities
239throughout the state may create a danger to the public health if
240they are not skilled or competent to perform such evaluations.
241The public relies on the judgment of environmental health
242professionals employed by both government agencies and private
243industries to assure them that environmental hazards are
244identified and removed before they endanger the health or safety
245of the public. The purpose of this section is to assure the
246public that persons specifically responsible for performing
247environmental health and sanitary evaluations have been
248certified by examination as competent to perform such work.
249     (2)  DEFINITIONS.--As used in this section:
250     (a)  "Accredited" means recognized by the American Council
251on Education as meeting acceptable levels of quality and
252performance.
253     (b)(a)  "Board" means the Environmental Health
254Professionals Advisory Board.
255     (c)(b)  "Department" means the Department of Health.
256     (d)(c)  "Environmental health" means that segment of public
257health work which deals with the examination of those factors in
258the human environment which may impact adversely on the health
259status of an individual or the public.
260     (e)(d)  "Environmental health professional" means a person
261who is employed or assigned the responsibility for assessing the
262environmental health or sanitary conditions, as defined by the
263department, within a building, on an individual's property, or
264within the community at large, and who has the knowledge,
265skills, and abilities to carry out these tasks. Environmental
266health professionals may be either field, supervisory, or
267administrative staff members.
268     (f)(e)  "Certified" means a person who has displayed
269competency to perform evaluations of environmental or sanitary
270conditions through examination.
271     (g)(f)  "Registered sanitarian," "R.S.," "Registered
272Environmental Health Specialist," or "R.E.H.S." means a person
273who has been certified by either the National Environmental
274Health Association or the Florida Environmental Health
275Association as knowledgeable in the environmental health
276profession.
277     (h)(g)  "Primary environmental health program" means those
278programs determined by the department to be essential for
279providing basic environmental and sanitary protection to the
280public. These programs shall be established by rule and, at a
281minimum, these programs shall include food protection program
282work and onsite sewage treatment and disposal systems program
283work system evaluations.
284     (3)  CERTIFICATION REQUIRED.--No person shall perform
285environmental health or sanitary evaluations in any primary
286program area of environmental health without being certified by
287the department as competent to perform such evaluations. The
288requirements of this section shall not be mandatory for persons
289performing inspections of public or retail food service
290establishments licensed under chapter 500 or chapter 509.
291     (5)  STANDARDS FOR CERTIFICATION.--The department shall
292adopt rules that establish definitions of terms and minimum
293standards of education, training, or experience for those
294persons subject to this section. The rules must also address the
295process for application, examination, issuance, expiration, and
296renewal of certification and ethical standards of practice for
297the profession.
298     (a)  Persons employed as environmental health professionals
299shall exhibit a knowledge of rules and principles of
300environmental and public health law in Florida through
301examination. A person may not conduct environmental health
302evaluations in a primary program area unless he or she is
303currently certified in that program area or works under the
304direct supervision, during his or her initial probationary
305period for that position, of a certified environmental health
306professional.
307     1.  All persons who begin employment in a primary
308environmental health program on or after September 21, 1994,
309must be certified in that program within the initial
310probationary period for that position 6 months after employment.
311     2.  Persons employed in the primary environmental health
312programs program of a food protection program or an onsite
313sewage treatment and disposal systems system prior to September
31421, 1994, shall be considered certified while employed in that
315position and shall be required to adhere to any professional
316standards established by the department pursuant to paragraph
317(b), complete any continuing education requirements imposed
318under paragraph (d), and pay the certificate renewal fee imposed
319under subsection (7).
320     3.  Persons employed in the primary environmental health
321programs program of a food protection program or an onsite
322sewage treatment and disposal systems system prior to September
32321, 1994, who change positions or program areas and transfer
324into another primary environmental health program area on or
325after September 21, 1994, must be certified by examination in
326that program within 6 months after such transfer, except that
327they will not be required to possess the college degree required
328under paragraph (e).
329     4.  Registered sanitarians shall be considered certified
330and shall be required to adhere to any professional standards
331established by the department pursuant to paragraph (b).
332     (6)  EXEMPTIONS.--A person who conducts primary
333environmental evaluation activities and maintains a current
334registration or certification from another state agency which
335examined the person's knowledge of the primary program area and
336requires comparable continuing education to maintain the
337certificate shall not be required to be certified by this
338section. Examples of persons not subject to certification are
339physicians, registered dietitians, certified laboratory
340personnel, and nurses.
341     Section 7.  Effective July 1, 2004, section 384.25, Florida
342Statutes, is amended to read:
343     384.25  Reporting required.--
344     (1)  Each person who makes a diagnosis of or treats a
345person with a sexually transmissible disease, including, but not
346limited to, HIV and AIDS, and each laboratory that performs a
347test for a sexually transmissible disease, including, but not
348limited to, HIV, which concludes with a positive result shall
349report such facts as may be required by the department by rule,
350within a time period as specified by rule of the department, but
351in no case to exceed 2 weeks.
352     (a)(2)  The department shall adopt rules specifying the
353information required in and a maximum minimum time period for
354reporting a sexually transmissible disease, including, but not
355limited to, HIV and AIDS. In adopting such rules, the department
356shall consider the need for information, protections for the
357privacy and confidentiality of the patient, and the practical
358ability of persons and laboratories to report in a reasonable
359fashion. To ensure the confidentiality of persons infected with
360HIV the human immunodeficiency virus (HIV), reporting of HIV
361infection and AIDS acquired immune deficiency syndrome (AIDS)
362must be conducted using a system the HIV/AIDS Reporting System
363(HARS) developed by the Centers for Disease Control and
364Prevention of the United States Public Health Service or an
365equivalent system.
366     (3)  The department shall require reporting of physician
367diagnosed cases of AIDS based upon diagnostic criteria from the
368Centers for Disease Control and Prevention.
369     (b)(4)  The department may require physician and laboratory
370reporting of HIV infection. However, only reports of HIV
371infection identified on or after the effective date of the rule
372developed by the department pursuant to this subsection shall be
373accepted. The Reporting may not affect or relate to anonymous
374HIV testing programs conducted pursuant to s. 381.004(4) or to
375university-based medical research protocols as determined by the
376department.
377     (2)(5)  After notification of the test subject under
378subsection (4), the department may, with the consent of the test
379subject, notify school superintendents of students and school
380personnel whose HIV tests are positive.
381     (3)  The department shall adopt rules requiring each
382physician and laboratory to report any newborn or infant up to
38318 months of age who has been exposed to HIV. The rules may
384include the method and time period for reporting, information to
385be included in the report, requirements for enforcement, and
386followup activities by the department.
387     (4)(6)  The department shall by February 1 of each year
388submit to the Legislature an annual report relating to all
389information obtained pursuant to this section.
390     (5)(7)  Each person who violates the provisions of this
391section or the rules adopted hereunder may be fined by the
392department up to $500 for each offense. The department shall
393report each violation of this section to the regulatory agency
394responsible for licensing each health care professional and each
395laboratory to which these provisions apply.
396     Section 8.  Effective July 1, 2004, section 384.31, Florida
397Statutes, is amended to read:
398     384.31  Serological Testing of pregnant women; duty of the
399attendant.--
400     (1)  Every person, including every physician licensed under
401chapter 458 or chapter 459 or midwife licensed under part I of
402chapter 464 or chapter 467, attending a pregnant woman for
403conditions relating to pregnancy during the period of gestation
404and delivery shall take or cause the woman to be tested for
405sexually transmissible diseases, including, but not limited to,
406HIV, as required by rule of the department, notwithstanding s.
407381.004(3)(a), taken a sample of venous blood at a time or times
408specified by the department. The tests Each sample of blood
409shall be performed tested by a laboratory approved for such
410purposes under part I of chapter 483 for sexually transmissible
411diseases as required by rule of the department. Pregnant women
412shall be notified of the tests that will be conducted and of
413their right to refuse testing. If a woman objects to testing, a
414written statement of objection, signed by the patient, shall be
415placed in the patient's medical record and no testing shall
416occur. If the patient refuses to sign the statement of
417objection, the refusal shall be noted on the form by a licensed
418health care professional who shall print his or her name by the
419notation and who shall sign the notation.
420     (2)  At the time the venous blood sample is taken, testing
421for human immunodeficiency virus (HIV) infection shall be
422offered to each pregnant woman. The prevailing professional
423standard of care in this state requires each health care
424provider and midwife who attends a pregnant woman to counsel the
425woman to be tested for human immunodeficiency virus (HIV).
426Counseling shall include a discussion of the availability of
427treatment if the pregnant woman tests HIV positive. If a
428pregnant woman objects to HIV testing, reasonable steps shall be
429taken to obtain a written statement of such objection, signed by
430the patient, which shall be placed in the patient's medical
431record. Every person, including every physician licensed under
432chapter 458 or chapter 459 or midwife licensed under part I of
433chapter 464 or chapter 467, who attends a pregnant woman who has
434been offered and objects to HIV testing shall be immune from
435liability arising out of or related to the contracting of HIV
436infection or acquired immune deficiency syndrome (AIDS) by the
437child from the mother.
438     Section 9.  Section 385.104, Florida Statutes, is created
439to read:
440     385.104  Health Promotion and Health Education Statewide
441Initiative.--
442     (1)  The Department of Health shall establish the Health
443Promotion and Health Education Statewide Initiative to provide a
444comprehensive and community-based health promotion and education
445program. The program is designed to provide funding to counties
446in this state to improve individual and community health, aimed
447specifically at preventing and reducing the impact of chronic
448diseases and promoting healthy lifestyles.
449     (2)  The program's targeted diseases include, but are not
450limited to, diabetes, heart disease, stroke, asthma, and cancer,
451with a focus on the preventable risk factors of tobacco use,
452physical inactivity, and poor nutrition.
453     (3)  The implementation of these activities shall be
454coordinated with and linked to existing state plans and national
455priorities, focusing on evidence-based programs and population-
456based efforts that specifically address social and environmental
457policy strategies.
458     (4)  Subject to the availability of funds, the Department
459of Health may award funding to county health departments for
460purposes of improving individual and community health by
461expanding and improving the health infrastructure through
462environmental and policy changes aimed specifically at
463preventing and reducing the impact of chronic diseases and
464promoting healthy lifestyles.
465     (5)  To be eligible to receive funding under this section,
466a county health department shall submit an application to the
467secretary of the Department of Health containing information as
468required, including:
469     (a)  A description of the proposed activities and how they
470promote tobacco cessation, healthy eating, or physical fitness
471and address the health and social consequences to residents of
472this state that have chronic diseases.
473     (b)  Information describing how health promotion and
474education activities are to be coordinated at the local level
475with other health activities conducted by other education,
476health, and agricultural agencies.
477     (c)  Information describing how local health promotion and
478education activities reflect state and national objectives for
479health.
480     (d)  A description of the collaborative process that the
481county health department employed in the development of the
482health promotion and education program, including consultations
483with individuals and organizations with expertise in promoting
484public health, nutrition, or physical activity.
485     (e)  A description of how the county health department will
486evaluate the effectiveness of its program.
487     (6)  Subject to the availability of funds, a county health
488department receiving funds under this section shall, pending
489successful implementation or evaluation as determined by
490department headquarters staff, conduct the project for at least
491a period of 3 consecutive years.
492     (7)  A county health department that receives funds under
493this section may use the funds to carry out one or more of the
494following activities:
495     (a)  Collect, analyze, and disseminate data related to
496diabetes, heart disease, stroke, asthma, and cancer, with a
497focus on the preventable risk factors of tobacco use, physical
498inactivity, and poor nutrition.
499     (b)  Develop and implement activities to create a
500comprehensive, coordinated nutrition and physical fitness
501awareness and chronic disease prevention program.
502     (c)  Develop and implement programs in schools and
503worksites to increase physical fitness and to enhance the
504nutritional status of residents of this state.
505     (d)  Develop and implement policy and environmental changes
506related to the cessation of tobacco, healthful nutrition, and
507physical education.
508     (e)  Collaborate with community-based organizations,
509volunteer organizations, state medical associations, and public
510health groups to develop and implement health education and
511promotion activities.
512     (f)  Collaborate with public and private organizations that
513have a mission to increase public awareness of the importance of
514a balanced diet and an active lifestyle.
515     Section 10.  Section 458.3215, Florida Statutes, is created
516to read:
517     458.3215  Reactivation of license for clinical research
518purposes.--
519     (1)  Any person who left the practice of medicine for
520purposes of retirement and who, at the time of retirement, was
521in good standing with the board may apply to have his or her
522license reactivated, without examination, for purposes of seeing
523patients solely in a clinical research setting. Such person must
524not have been out of the practice of medicine for more than 10
525years at the time of application under this section.
526     (2)  The board shall by rule set the reactivation fee, not
527to exceed $300, and develop criteria for reactivation of a
528license under this section, including appropriate continuing
529education requirements, not to exceed those prescribed in s.
530458.321 for reactivation of a license.
531     Section 11.  Section 945.601, Florida Statutes, is amended
532to read:
533     945.601  Correctional Medical Authority; ss. 945.601-
534945.6038; 945.601-945.6035, definitions.--As used in this act:
535     (1)  "Authority" means the State of Florida Correctional
536Medical Authority created in this act.
537     (2)  "Health care provider" means:
538     (a)  A regional research hospital or research center which
539is authorized by law to provide hospital services in accordance
540with chapter 395, which has a contractual or operating
541arrangement with a regional school of medicine, and which is
542located at that regional school of medicine;
543     (b)  Any entity which has agreed to provide hospital
544services to inmates in the Department of Corrections; or
545     (c)  Any entity licensed to provide hospital services in
546accordance with chapter 395.
547     (3)  "Project" means any structure, facility, machinery,
548equipment, or other property suitable for use by a health
549facility in connection with its operations or proposed
550operations, including, without limitation, real property
551therefor; a clinic, computer facility, dining hall, firefighting
552facility, fire prevention facility, long-term care facility,
553hospital, interns' residence, laboratory, laundry, maintenance
554facility, nurses' residence, office, parking area, pharmacy,
555recreational facility, research facility, storage facility,
556utility, or X-ray facility, or any combination of the foregoing;
557and other structure or facility related thereto or required or
558useful for health care purposes, the conducting of research, or
559the operation of a health facility, including a facility or
560structure essential or convenient for the orderly conduct of the
561health facility and other similar items necessary or convenient
562for the operation of a particular facility or structure in the
563manner for which its use is intended. "Project" does not include
564such items as fuel, supplies, or other items which are
565customarily deemed to result in a current operating charge.
566     (4)  "Quality management program" means to monitor and
567evaluate inmate health care and includes the following
568objectives:
569     (a)  Assuring that all inmates receive appropriate and
570timely services in a safe environment.
571     (b)  Assuring systematic monitoring of the treatment
572environment.
573     (c)  Assisting in the reduction of professional and general
574liability risks.
575     (d)  Enhancing efficient utilization of resources.
576     (e)  Assisting in credential review and privilege
577delineation.
578     (f)  Enhancing the identification of continuing educational
579needs.
580     (g)  Facilitating the identification of strengths,
581weaknesses, and opportunities for improvement.
582     (h)  Facilitating the coordination and integration of
583information systems.
584     (i)  Assuring the resolution of identified problems.
585     (5)  "Real property" includes all lands, including
586buildings, structures, improvements, and fixtures thereon; any
587property of any nature appurtenant thereto or used in connection
588therewith; and every estate, interest, and right, legal or
589equitable, therein, including any such interest for a term of
590years.
591     Section 12.  Section 945.6038, Florida Statutes, is created
592to read:
593     945.6038  Additional services.--The authority is authorized
594to enter into an agreement or may contract with the Department
595of Children and Family Services, subject to the availability of
596funding, to conduct surveys of medical services and to provide
597medical quality assurance and improvement assistance at secure
598confinement and treatment facilities for persons confined under
599part V of chapter 394. The authority may enter into similar
600agreements with other state agencies, subject to the
601availability of funds. The authority may not enter into any such
602agreement if doing so would impair the authority's ability to
603fulfill its obligations with regard to the Department of
604Corrections as set forth in this chapter.
605     Section 13.  Except as otherwise provided herein, this act
606shall take effect upon becoming a law.
607
608
609================= T I T L E  A M E N D M E N T =================
610     Remove the entire title and insert:
611
A bill to be entitled
612An act relating to public health care; creating s.
613110.175, F.S.; creating an employee health and wellness
614program; providing requirements; authorizing state
615agencies to undertake certain activities relating to
616agency resources for program purposes; requiring each
617participating agency to make an annual report; providing
618duties of the department; amending s. 381.0012, F.S.;
619expanding the environmental health enforcement authority
620of the Department of Health; authorizing the department to
621issue citations or order payment of fines; providing
622requirements and limitations; providing a criminal
623penalty; providing for deposit and use of fines; creating
624s. 381.0033, F.S.; requiring hospitals to implement a
625program to offer immunizations against the influenza virus
626and pneumococcal bacteria to certain patients; amending s.
627381.004, F.S.; providing additional criteria for release
628of HIV preliminary test results; amending s. 381.0065,
629F.S.; modifying standards for rulemaking applicable to
630regulation of onsite sewage treatment and disposal
631systems; providing for an extended right of entry;
632amending s. 381.0101, F.S.; revising definitions; revising
633environmental health professional certification
634requirements; clarifying exemptions; amending s. 384.25,
635F.S.; revising reporting requirements for sexually
636transmissible diseases; authorizing the department to
637adopt rules; amending s. 384.31, F.S.; revising sexually
638transmissible disease testing requirements for pregnant
639women; providing notice requirements; creating s. 385.104,
640F.S.; establishing the Health Promotion and Health
641Education Statewide Initiative for certain purposes;
642providing requirements; authorizing the department to
643award funding to county health departments for certain
644purposes; providing funding requirements; providing
645participation requirements for county health departments;
646creating s. 458.3215, F.S.; providing for reactivation of
647licenses of certain physicians for certain limited
648purposes; providing for a reactivation fee; amending s.
649945.601, F.S.; revising a cross reference, to conform;
650creating s. 945.6038, F.S.; authorizing the State of
651Florida Correctional Medical Authority to enter into
652agreements with other state agencies to provide additional
653medical services; providing a limitation; providing
654effective dates.


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

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