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Meeting Packet - Professions and Public Health Subcommittee (Tuesday, March 23, 2021)

Summary

A Meeting Packet for the Professions and Public Health Subcommittee for Tuesday, March 23, 2021, 12:45 PM to 3:45 PM in Mashburn Hall. The Committee Meeting Notice lists HB 183, HB 397, HB 631, HB 1483 and HB 1627, plus proposed committee substitutes for HB 247, HB 431 and HB 1579. The packet includes the staff analysis of HB 183, which says the bill requires the Office of Minority Health and Health Equity to develop and promote statewide implementation of policies, programs, and practices that increase health equity for racial and ethnic minority populations in Florida, with an effective date of July 1, 2021. It also includes Amendment No. 1 to HB 1627, offered by Representative Maggard, with a title amendment.

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Cite this document

“Meeting Packet - Professions and Public Health Subcommittee (Tuesday, March 23, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-23-3093-professions-public-health-subcommittee-meeting-packets-fb26658442/, SHA-256 7fe7e1e8de52e2a35c03fda6f9ebe8f5bfe0530a11af52ddd7333c040f6a364a.

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           Professions and Public Health
                  Subcommittee
                 Tuesday, March 23, 2021
                   12:45 PM – 3:45 PM
                 Mashburn Hall (306 HOB)


                     Meeting Packet




Chris Sprowls                              Will Robinson
Speaker                                            Chair
                                         Committee Meeting Notice
                                               HOUSE OF REPRESENTATIVES




                                    Professions & Public Health Subcommittee

Start Date and Time:                Tuesday, March 23, 2021 12:45 pm

End Date and Time:                  Tuesday, March 23, 2021 03:45 pm

Location:                           Mashburn Hall (306 HOB)
Duration:                           3.00 hrs


Consideration of the following bill(s):

HB 183 Office of Minority Health and Health Equity by Brown, Joseph
HB 397 Cardiovascular Emergency Protocols and Training by DiCeglie, McClure
HB 627 Alzheimer's Disease and Dementia-Related Disorders Education by Salzman, Plakon
HB 631 Optometry by Rizo
HB 805 Volunteer Ambulance Services by Caruso
HB 1373 Rare Disease Advisory Council by DuBose
HB 1381 Maternal Health Outcomes by Brown
HB 1483 Solicitation of Non-medical Services by Yarborough
HB 1627 Continuing Chiropractic Education by Maggard


Consideration of the following bill(s) with proposed committee substitute(s):

PCS for HB 247 -- Telehealth Practice Standards
PCS for HB 431 -- Practice of Physician Assistants
PCS for HB 1579 -- Health Care Practitioner Discipline



This meeting will be live-streamed on https://thefloridachannel.org/. Persons who wish to attend must
register at www.myfloridahouse.gov, and pick up a pass at the Legislative Welcome Center on the 4th Floor
of the Capitol beginning one hour before the start of the meeting. Audience seating will be socially
distanced and will be available on a first-come, first-served basis. Registration closes three hours before
the meeting starts.




                               NOTICE FINALIZED on 03/19/2021 4:19PM by Osborne.Erin


03/19/2021     04:19:22PM                                    Leagis ®                                         Page 1 of 1
HB 183
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 183 Office of Minority Health and Health Equity
SPONSOR(S): Brown
TIED BILLS:       IDEN./SIM. BILLS: SB 404

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Professions & Public Health Subcommittee                                               Rahming             McElroy

    2) Health Care Appropriations Subcommittee

    3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
In Florida, minority populations experience higher rates of illness and death from health conditions such as
heart disease, stroke, specific cancers, diabetes, HIV/AIDS, mental health, asthma, and obesity. The Office of
Minority Health and Health Equity (Office), housed within the Department of Health (DOH), is responsible for
helping to improve health and healthcare outcomes for racial and ethnic minority communities by developing or
advancing policies, programs, and practices that address health, social, economic, environmental, and other
factors which impact health. Under current law, the Office is required to be headed by a Senior Health Equity
Officer. The responsibilities of the Senior Health Equity Officer include, but are not limited to, administering the
Closing the Gap grant program in a manner that maximizes the impact of the grants in achieving health equity.

HB 183 requires the Office to develop and promote the statewide implementation of policies, programs, and
practices that increase health equity for racial and ethnic minority populations in Florida. The bill also requires
the Office to work with other state agencies, organizations, and providers to improve the health of racial and
ethnic minority populations through data analysis and the development of health policies and programs that will
help eliminate health disparities. The bill authorizes the Office to serve as a liaison to and assist the federal
Offices of Minority Health and Regional Health Operations, as appropriate, and requires the Office to maintain
and annually update specific information on its website.

The bill has significant, negative fiscal impacts on the DOH. See Fiscal Comments.

The bill has no impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0183.PPH
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                                                         FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         The Present Situation

         Health disparities—inequities in the quality of health, health care and health outcomes experienced by
         groups based on social, racial, ethnic, economic and environmental characteristics—persist
         nationwide. 1

         In Florida, minority populations experience higher rates of illness and death from health conditions such
         as heart disease, stroke, specific cancers, diabetes, HIV/AIDS, mental health, asthma, and obesity. 2
         Poor health outcomes for Blacks, Hispanic Americans, American Indians, Alaska Natives, Asian
         Americans, Native Hawaiians, and Pacific Islanders are also apparent when comparing their health
         indicators to Florida's general population. 3

         The Office of Minority Health and Health Equity

         In 2004, the Florida Legislature established the Office of Minority Health to serve as the coordinating
         office within the DOH for consultative services and training in the areas of cultural and linguistic
         competency, coordination, partnership building, program development and implementation, and other
         related comprehensive efforts to address the health needs of Florida's minority and underrepresented
         populations statewide. 4

         In 2016, the Florida Legislature re-named the office the Office of Minority Health and Health Equity
         (Office). 5 The Office is responsible for helping to improve health and healthcare outcomes for racial and
         ethnic minority communities by developing or advancing policies, programs, and practices that address
         health, social, economic, environmental, and other factors which impact health. 6

         The DOH currently gathers, analyzes, and publishes data regarding disparities in health status and
         access to health care services on its Florida Health Community Health Assessment Resource Tool Set
         (FLHealthCHARTS) website, but not on quality of health care. 7 However, the federal Agency for
         Healthcare Research and Quality does publish data on the quality of healthcare and provides a list of
         measures and supporting data that can be viewed by race and ethnicity at the state level. 8

         Under current law, the Office is not required to develop and promote statewide implementation of any
         policies, programs, and practices that may increase health equity for racial and ethnic minority
         populations in Florida. The Office is also not required to work with other state agencies, organizations,
         and providers or the federal government to improve the health of racial and ethnic minority populations
         through data analysis and the development of health policies and programs that will help eliminate
         health disparities. Rather, the Office is statutorily required to be headed by a Senior Health Equity
         Officer. 9


1 National Conference of State Legislatures (NCSL), Health Disparities Overview, https://www.ncsl.org/research/health/health-

disparities-overview.aspx (last visited Feb. 3, 2021).
2 Florida Department of Health (DOH), Health Equity Profile 2019, Health Equity Profile - State Total, Florida 2019,

http://www.flhealthcharts.com/ChartsReports/rdPage.aspx?rdReport=ChartsProfiles.HealthEquityMergeMHProfile (last visited Mar. 7,
2021).
3 Id.
4 Florida Department of Health (DOH), Minority Health and Health Equity, http://www.floridahealth.gov/programs-and-services/minority-

health/index.html (last visited Mar. 7, 2021).
5 S. 20.43(9), Florida Statutes.
6 DOH, Minority Health Liaisons, http://www.floridahealth.gov/programs-and-services/minority-health/minority-health-liaisons.html (last

visited Feb. 28, 2021).
7 DOH, Agency Legislative Bill Analysis for HB 183 (2021), at 7.
8 Agency for Healthcare Research and Quality, National Healthcare Quality and Disparities Reports: Florida,

https://nhqrnet.ahrq.gov/inhqrdr/Florida/benchmark/summary/All_Measures/All_Topics (last visited February 28, 2021).
9 S. 20.43(9), Florida Statutes.

STORAGE NAME: h0183.PPH                                                                                                         PAGE: 2
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         Minority Health Initiatives

                 Closing the Gap Grant Program

        The Office administers multiple health promotion programs including the “Closing the Gap” (CTG) grant
        program. 10 In 2000, the Legislature created the CTG grant program to improve health outcomes and
        eliminate racial and ethnic health disparities in Florida by providing grants to increase community-based
        health and disease prevention activities. 11

        Grants are awarded for one year through a proposal process, and may be renewed annually subject to
        the availability of funds and the grantee’s achievement of quality standards, objectives, and
        outcomes. 12 Proposals for grants must include: 13

             •   The purpose and objectives of the proposed project, including the particular racial or ethnic
                 disparity the project will address from one or more of the following priority areas:
                     o Increasing adult and child immunization rates in certain racial and ethnic populations;
                     o Improving neighborhood social determinates of health, such as transportation, safety,
                         and food access, as outlined by the Centers for Disease Control and Prevention (CDC),
                         or
                     o Decreasing racial and ethnic disparities in:
                              Maternal and infant mortality rates;
                              Morbidity and mortality rates relating to cancer;
                              Morbidity and mortality rates relating to HIV/AIDS;
                              Morbidity and mortality rates relating to cardiovascular disease;
                              Morbidity and mortality rates relating to diabetes;
                              Morbidity and mortality rates relating to sickle cell disease;
                              Morbidity and mortality rates relating to Lupus; or
                              Oral health care.
             •   The target population and its relevance;
             •   Methods for obtaining baseline health status data and assessment of community health needs;
             •   Mechanisms for mobilizing community resources and gaining local commitment;
             •   Development and implementation of health promotion and disease prevention interventions;
             •   Mechanisms and strategies for evaluating the project’s objectives, procedures, and outcomes;
             •   A proposed work plan, including a timeline for implementing the project; and
             •   The likelihood that project activities will occur and continue in the absence of funding. 14

         As the head of the Office, the Senior Health Equity Officer is required to: 15

             •    Administer the CTG grant program in a manner that maximizes the impact of the grants in
                  achieving health equity;
             •    Evaluate the awarded grants to assess the effectiveness and efficiency of the use of funds and
                  to determine best practices;
             •    Disseminate information on best practices to stakeholders; and
             •    Ensure that the assessments inform future grant award decisions.

         The Office’s CTG grant program responsibilities include: 16



10 Florida Department of Health, Minority Health, http://www.floridahealth.gov/%5C/programs-and-services/minority-health/index.html

(last visited Mar. 15, 2021).
11 Ss. 381.7353–381.7356, F.S. See also, Closing the Gap Grant, http://www.floridahealth.gov/programs-and-services/minority-

health/closing-the-gap.html (last visited Feb. 28, 2021).
12 S. 381.7356(4), F.S.
13 S. 381.7355, F.S.
14 Id.
15 S. 20.43(9), F.S.
16 DOH, supra note 7, at 3.

STORAGE NAME: h0183.PPH                                                                                                        PAGE: 3
DATE: 3/22/2021
             •   Publicizing the availability of funds and establishing an application process for submitting a
                 grant proposal.
             •   Providing technical assistance and training, including a statewide meeting promoting best
                 practice programs, as requested, to grant recipients.
             •   Developing uniform data reporting requirements for the purpose of evaluating the performance
                 of the grant recipients and demonstrating improved health outcomes.
             •   Developing a monitoring process to evaluate progress toward meeting grant objectives.
             •   Coordinating with existing community-based programs, such as chronic disease community
                 intervention programs, cancer prevention and control programs, diabetes control programs, the
                 Healthy Start program, the Florida Kidcare Program, the HIV/AIDS program, immunization
                 programs, and other related programs at the state and local levels, to avoid duplication of effort
                 and promote consistency.

         Implementation of the CTG grant program is subject to a specific appropriation provided in the General
         Appropriations Act. 17

             Minority Health Liaisons

         The Office relies on county health departments and other programs within the DOH to achieve its
         goals. 18 The Minority Health Liaisons (MHLs), comprised of a representative from each of the 67 county
         health departments, are the link between local communities and the Office. 19
         The objective of the Office and the MHLs is to improve the health of all residents and visitors across
         Florida, primarily through increasing public awareness of the importance of minority health
         and partnering initiatives focused on minority health issues statewide. 20 The Office helps to facilitate
         these partnerships by coordinating with county health departments, central office divisions/bureaus,
         and statewide stakeholders, and providing technical assistance to the MHLs on issues related to
         minority health, health disparities, and other health issues within the state. 21

         Key components of the Office-MHL partnership include: 22

             •   Sharing information on minority health and health disparities;
             •   Coordinating events, such as Take a Loved One to the Doctor Day, National Minority Health
                 Month, and other nationally recognized observances;
             •   Promoting state and local activities and events to raise awareness of programs and services
                 available to minorities and the underserved populations; and
             •   Helping meet the mission of the DOH by achieving its primary responsibilities in eliminating
                 health disparities.

         The Office’s Website

         Currently, there are no statutory requirements relating to the maintenance of the Office’s website,
         including what information should be maintained on it or how often it should be updated.

         Effect of Proposed Bill

         HB 183 requires the Office of Minority Health and Health Equity to develop and promote the statewide
         implementation of policies, programs, and practices that increase health equity for racial and ethnic
         minority populations in Florida.




17 Id.
18 DOH, supra note 6.
19 Id.
20 Id.
21 Id.
22 Id.

STORAGE NAME: h0183.PPH                                                                                      PAGE: 4
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       The bill also requires the Office to use all available resources and pursue funding opportunities to
       achieve the bill’s purpose and work with other state agencies, organizations, and providers to:

           •   Gather and analyze data regarding disparities in health status, quality of health care, and
               access to health care services for racial and ethnic minority populations in Florida;
           •   Develop mechanisms that support better information dissemination and education about health
               disparities and improve access to and delivery of health care services to racial and ethnic
               minority populations in Florida;
           •   Support the MHLs by facilitating access to and the exchange of information related to health
               promotion, preventive health services, and education in the appropriate use of care;
           •   Conduct demonstration projects and evaluations to ensure the success and sustainability of
               policies, programs, and practices that increase health equity in Florida;
           •   Promote the use of community health workers to improve the cultural competency of services
               and build individual and community self-sufficiency;
           •   Gather and analyze data regarding the prevalence of racial and ethnic minority populations at
               risk of involvement with the criminal justice system, the juvenile justice system, and the foster
               care system or at risk for homelessness, and any disparities in such involvement or access to
               appropriate behavioral health services by those populations when compared to other
               populations in this state;
           •   Promote the creation of or participation in programs that divert individuals with mental health
               and substance use disorders from the criminal justice system and ensure the availability of
               quality behavioral health services to the populations at risk of involvement with the criminal
               justice system, the juvenile justice system, and the foster care system or at risk for
               homelessness; and
           •   Develop and implement programs that improve access to health care services for individuals
               with limited proficiency in the English language by providing access to bilingual providers or
               interpretive services.

       HB 183 requires the Office to maintain and annually update the following information on its website:

           •   Current state data on health disparities and issues affecting racial and ethnic minority
               populations;
           •   Information about and links to resources available to racial and ethnic minority populations in
               Florida;
           •   Resources for providers who wish to improve cultural competency, understand health
               disparities, and increase the quality of and access to health care services for racial and ethnic
               minority populations in Florida; and
           •   Contact information for local minority health liaisons.

       The bill requires one representative from each county health department to serve as the MHL and
       requires MHLs to assist the Office in implementation of the bill. The bill also authorizes the Office to
       serve as a liaison to and assist the federal Offices of Minority Health and Regional Health Operations,
       as appropriate.

       The bill provides an effective date of July 1, 2021.




   B. SECTION DIRECTORY:
       Section 1:     Creates s. 381.735, F.S., relating to the Office of Minority Health and Health Equity.
       Section 2:     Provides an effective date of July 1, 2021.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

STORAGE NAME: h0183.PPH                                                                                    PAGE: 5
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     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             The DOH will experience an increase in workload and operational costs to implement this bill. 23 The
             anticipated fiscal impact to implement the bill is $6,079,202, of which $5,728,124 is recurring and
             $351,078 is non-recurring. 24 This includes 11 full time equivalent employees in the central office
             and 67 OPS staff in the County Health Departments, one in each county to serve as the MHL.

             The bill requires the DOH to “gather and analyze data regarding the prevalence of racial and ethnic
             minority populations at risk of involvement with the criminal justice system, the juvenile justice
             system, and the foster care system or at risk for homelessness, and any disparities in such
             involvement or access to appropriate behavioral health services by those populations when
             compared to other populations in this state.” This may have significant technology and fiscal
             impacts to the DOH’s technology systems and staff and may also require interagency agreements
             with the Florida Department of Children and Families (DCF), the Florida Department of Corrections
             (FDC), and the Florida Department of Juvenile Justice (DJJ). 25 If the DCF, FDC, and/or DJJ do not
             already collect and/or electronically store these data, existing DOH data systems may have to be
             modified and/or new data systems created to accommodate this activity. 26

             The bill has an insignificant impact on the DOH’s technology systems and staff as it relates to the
             annual update and maintenance of the Office’s website; however, as it relates to the requirement
             that the DOH gather, analyze, and publish data on quality of health care, the fiscal impact is
             indeterminate. 27

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.



     D. FISCAL COMMENTS:
         None.

                                                  III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. The bill does not appear to affect county or municipal governments.

23 DOH, supra note 7, at 5.
24 DOH, supra note 7, at 8.
25 DOH, supra note 7, at 7.
26 Id.
27 Id.

STORAGE NAME: h0183.PPH                                                                                     PAGE: 6
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       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill provides sufficient rule-making authority to implement the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




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           HB 183                                                                                                2021




    1                                         A bill to be entitled
    2               An act relating to the Office of Minority Health and
    3               Health Equity; creating s. 381.735, F.S.; requiring
    4               the Office of Minority Health and Health Equity to
    5               develop and promote the statewide implementation of
    6               certain policies, programs, and practices; requiring
    7               one representative from each county health department
    8               to serve as a minority health liaison for a specified
    9               purpose; requiring the office to use all available
10                  resources and pursue funding opportunities to achieve
11                  this purpose; specifying duties for the office;
12                  requiring the office to maintain on its website
13                  specified information; requiring the office to serve
14                  as a liaison to and assist certain federal offices;
15                  authorizing the Department of Health to adopt rules;
16                  providing an effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                  Section 1.        Section 381.735, Florida Statutes, is created
21         to read:
22                  381.735      Office of Minority Health and Health Equity.—
23                  (1)     The Office of Minority Health and Health Equity
24         established under s. 20.43(9) shall develop and promote the
25         statewide implementation of policies, programs, and practices

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        HB 183                                                                                                2021




26      that increase health equity in this state, including, but not
27      limited to, increased access to and quality of health care
28      services for racial and ethnic minority populations. One
29      representative from each county health department shall serve as
30      a minority health liaison to assist the office in implementing
31      this section. The office shall use all available resources and
32      pursue opportunities for increased funding to achieve the
33      purpose of this section.
34               (2)     The office shall coordinate with agencies,
35      organizations, and providers across this state to do all of the
36      following:
37               (a)     Gather and analyze data regarding disparities in
38      health status, quality of health care, and access to health care
39      services for racial and ethnic minority populations in this
40      state.
41               (b)     Develop mechanisms that support better information
42      dissemination and education about health disparities and improve
43      access to and delivery of health care services to racial and
44      ethnic minority populations in this state.
45               (c)     Support minority health liaisons by facilitating
46      access to and the exchange of information related to health
47      promotion, preventive health services, and education in the
48      appropriate use of care.
49               (d)     Conduct demonstration projects and evaluations to
50      ensure the success and sustainability of policies, programs, and

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        HB 183                                                                                                2021




51      practices that increase health equity in this state.
52               (e)     Promote the use of community health workers to improve
53      the cultural competency of services and build individual and
54      community self-sufficiency.
55               (f)     Gather and analyze data regarding the prevalence of
56      racial and ethnic minority populations at risk of involvement
57      with the criminal justice system, the juvenile justice system,
58      and the foster care system or at risk for homelessness, and any
59      disparities in such involvement or access to appropriate
60      behavioral health services by those populations when compared to
61      other populations in this state.
62               (g)     Promote the creation of or participation in programs
63      that divert individuals with mental health and substance use
64      disorders from the criminal justice system and ensure the
65      availability of quality behavioral health services to the
66      populations specified in paragraph (f).
67               (h)     Develop and implement programs that improve access to
68      health care services for individuals with limited proficiency in
69      the English language by providing access to bilingual providers
70      or interpretive services.
71               (3)     The office shall maintain all of the following on its
72      website, updated at least annually:
73               (a)     Current data on health disparities and issues
74      affecting racial and ethnic minority populations in this state.
75               (b)     Information about and links to resources available to

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        HB 183                                                                                                2021




76      racial and ethnic minority populations in this state.
77               (c)     Resources for providers who wish to improve cultural
78      competency, understand health disparities, and increase the
79      quality of and access to health care services for racial and
80      ethnic minority populations in this state. These resources must
81      include, but need not be limited to, minority health literature,
82      research, and referrals; capacity-building and technical
83      assistance services; and training materials for implementing
84      nationally recognized evidence-based practices for culturally
85      and linguistically appropriate health care services.
86               (d)     Contact information for local minority health
87      liaisons.
88               (4)     The office shall serve as a liaison to and assist the
89      federal Offices of Minority Health and Regional Health
90      Operations, as appropriate.
91               (5)     The department may adopt rules to implement this
92      section.
93               Section 2.        This act shall take effect July 1, 2021.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 183   (2021)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:    Professions & Public
2      Health Subcommittee
3      Representative Brown offered the following:
4
 5          Amendment (with title amendment)
 6          Remove lines 38-71 and insert:
7      health status, health outcomes, quality of health care, and
8      access to health care services for racial and ethnic minority
9      populations in this state.
10     (b) Develop mechanisms that support better information
11     dissemination and education about health disparities which lead
12     to improved access to and delivery of health care services to
13     racial and ethnic minority populations in this state.
14     (c) Support minority health liaisons by facilitating access to
15     and the exchange of information related to health promotion,


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 183   (2021)
       Amendment No. 1


16     preventive health services, and education in the appropriate use
17     of care.
18     (d) Develop and promote synergistic initiatives between
19     programs, including, but not limited to, programs related to
20     maternal and child health and human immunodeficiency virus and
21     acquired immune deficiency syndrome, to mitigate health
22     disparities for racial and ethnic minority populations in this
23     state.
24     (e) Promote evaluations of demonstration projects and
25     disseminate the evaluation findings to enhance the success and
26     sustainability of policies, programs, and practices that
27     increase health equity in this state.
28     (f) Promote the use of community health workers to improve the
29     cultural competency of services and build individual and
30     community self-sufficiency.
31     (g) Promote the development of programs that improve access to
32     health care services for individuals with limited proficiency in
33     the English language, including persons with disabilities.
34     (3) The department shall maintain all of the following on its
35           -----------------------------------------------------
36                       T I T L E     A M E N D M E N T
37          Remove lines 12-15 and insert:
38     requiring the Department of Health to maintain specified
39     information on its website; requiring the office to serve as a


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 183   (2021)
       Amendment No. 1


40     liaison to and assist certain federal offices; authorizing the
41     department to adopt rules;




     225263 - h0183-line38.docx
      Published On: 3/22/2021 5:21:07 PM
                                    Page 3 of 3
PCS for HB 247
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 247 Telehealth Practice Standards
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Professions & Public Health                                                  Grabowski             McElroy
    Subcommittee

                                                        SUMMARY ANALYSIS
Telehealth is the remote provision of health care services through the use of technology. Telehealth is not a
type of health care service but rather is a mechanism for delivery of health care services. Health care
professionals use telehealth as a platform to provide traditional health care services in a non-traditional
manner. These services include, among others, preventative medicine and the treatment of chronic conditions.

Current law defines telehealth broadly, but specifies that it does not include audio-only telephone calls, e-mail
messages, or facsimile transmission. Health care services may be provided via telehealth by a Florida-
licensed health care practitioner, a practitioner licensed under a multistate health care licensure compact of
which Florida is a member, or a registered out-of-state-health care provider.

Practitioners have the ability to prescribe drugs via telehealth, but state and federal law limits the ability of
practitioners to dispense controlled substances using telehealth. Controlled substances are drugs with an
increased potential for patient abuse. At present, Florida law prohibits a telehealth provider from using
telehealth services to prescribe a controlled substance except when treating:

         •    A psychiatric disorder;
         •    An inpatient at a hospital;
         •    A patient receiving hospice services; and
         •    A resident of a nursing home facility.

Federal law requires a practitioner to conduct at least one in-person medical evaluation prior to dispensing a
controlled substance to a patient via telehealth.

PCS for HB 247 allows practitioners to prescribe schedule III, IV, and V controlled substances using telehealth
services.

The bill has no fiscal impact on state or local government.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0247.PPH
DATE: 3/22/2021
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Telehealth

         Telehealth is not a type of health care service but rather is a mechanism for delivery of health care
         services. Health care professionals use telehealth as a platform to provide traditional health care
         services in a non-traditional manner. These services include, among others, preventative medicine and
         the treatment of chronic conditions. 1

         Telehealth, in its modern form, 2 started in the 1960s in large part driven by the military and space
         technology sectors. 3 Specifically, telehealth was used to remotely monitor physiological measurements
         of certain military and space program personnel. As this technology became more readily available to
         the civilian market, telehealth began to be used for linking physicians with patients in remote, rural
         areas. As advancements were made in telecommunication technology, the use of telehealth became
         more widespread to include not only rural areas but also urban communities. Due to recent technology
         advancements and general accessibility, the use of telehealth has spread rapidly and is now becoming
         integrated into the ongoing operations of hospitals and healthcare systems around the country. 4 In fact,
         there are currently an estimated 200 telehealth networks, with 3,000 service sites in the U.S. 5

         Telehealth is used to address several problems in the current health care system. Inadequate access to
         care is one of the primary obstacles to obtaining quality health care. 6 This occurs in both rural areas
         and urban communities. 7 Telehealth reduces the impact of this issue by providing a mechanism to
         deliver quality health care, irrespective of the location of a patient or a health care professional. Cost is
         another barrier to obtaining quality health care. 8 This includes the cost of travel to and from the health
         care facility, as well as related loss of wages from work absences. Costs are reduced through
         telehealth by decreasing the time and distance required to travel to the health care professional. Two
         more issues addressed through telehealth are the reutilization of health care services and hospital
         readmission. These often occur due to a lack of proper follow-up care by the patient 9 or a chronic
         condition. 10 These issues however can potentially be avoided through the use of telehealth and
         telemonitoring. 11




         Regulation of Telehealth in Florida


1 U.S. Department of Health and Human Services, Report to Congress: E-Health and Telemedicine, (August 2016), available at

https://aspe.hhs.gov/system/files/pdf/206751/TelemedicineE-HealthReport.pdf (last visited May 6, 2019).
2 Historically, telehealth can be traced back to the mid to late 19th century with one of the first published accounts occurring in the early

20th century when electrocardiograph data were transmitted over telephone wires. See supra note Error! Bookmark not defined. at p.
9.
3 Id.
4 American Telemedicine Association, Telehealth Basics, available at https://www.americantelemed.org/resource/why-telemedicine/

(last visited May 6, 2019).
5 Id.
6 Id.
7 Id.
8 Id.
9 Post-surgical examination subsequent to a patient’s release from a hospital is a prime example. Specifically, infection can occur

without proper follow-up and ultimately leads to a readmission to the hospital.
10 For example, diabetes is a chronic condition which can benefit by treatment through telehealth.
11 Telemonitoring is the process of using audio, video, and other telecommunications and electronic information processing

technologies to monitor the health status of a patient from a distance.
STORAGE NAME: pcs0247.PPH                                                                                                            PAGE: 2
DATE: 3/22/2021
                    Service Providers

         In 2019, the Legislature passed and the Governor signed CS/CS/HB 23, which established a
         framework for telehealth services in Florida law. 12 The act broadly defines telehealth as the use of
         synchronous or asynchronous telecommunications technology by a telehealth provider to provide
         health care services, including, but not limited to:

               •     Assessment, diagnosis, consultation, treatment, and monitoring of a patient;
               •     Transfer of medical data;
               •     Patient and professional health-related education;
               •     Public health services; and
               •     Health administration.

          Telehealth does not include audio-only telephone calls, e-mail messages, or facsimile transmission
          under Florida law. 13

          Health care services may be provided via telehealth by a Florida-licensed health care practitioner, a
          practitioner licensed under a multistate health care licensure compact of which Florida is a member, 14
          or a registered out-of-state-health care provider. 15

          Florida-licensed telehealth providers, as well as those licensed under a multistate health care licensure
          compact of which Florida is a member, must be one of the following health care practitioners. 16

              •     Behavioral Analyst                        •    Occupational therapist                   •    Clinical laboratory
              •     Acupuncturist                             •    Radiology technician                          personnel
              •     Allopathic physician                      •    Electrologist                            •    Respiratory therapist
              •     Osteopathic physician                     •    Orthotist                                •    Physical therapist
              •     Chiropractor                              •    Pedorthist                               •    Psychologist
              •     Podiatrist                                •    Prosthetist                              •    Psychotherapist
              •     Optometrist                               •    Medical physicist                        •    Dietician/Nutritionist
              •     Nurse                                     •    Emergency Medical                        •    Athletic trainer
              •     Pharmacist                                     Technician                               •    Clinical social worker
              •     Dentist                                   •    Paramedic                                •    Marriage and family
              •     Dental hygienist                          •    Massage therapist                             therapist
              •     Midwife                                   •    Optician                                 •    Mental health counselor
              •     Speech therapist                          •    Hearing aid specialist

         Out-of-state telehealth providers must register biennially with DOH or the applicable board to provide
         telehealth services, within the relevant scope of practice established by Florida law and rule, to patients
         in this state. To register or renew registration as an out-of-state telehealth provider, the health care
         professional must:

              •     Hold an active and unencumbered license, which is substantially similar to a license issued to a
                    Florida practitioner in the same profession, in a U.S. state or jurisdiction and
              •     Not have been subject to licensure disciplinary action during the five years before submission of
                    the registration application; 17
              •     Not be subject to a pending licensure disciplinary investigation or action;
              •     Not have had license revoked in any state or jurisdiction;

12 Ch. 2019-137, L.O.F.
13 S. 456.47(1), F.S.
14 Florida is a member of the Nurse Licensure Compact. See s. 464.0095, F.S.
15 Supra note 22.
16 These are professionals licensed under s. 393.17; part III, ch. 401; ch. 457; ch. 458; ch. 459; ch. 460; ch. 461; ch. 463; ch. 464; ch.

465; ch. 466; ch. 467; part I, part III, part IV, part V, part X, part XIII, and part XIV, ch. 468; ch. 478; ch. 480; part II and part III, ch. 483;
ch. 484; ch. 486; ch. 490; or ch. 491.
17 The bill requires DOH to consult the National Practitioner Data Bank to verify whether adverse information is available for the

registrant.
STORAGE NAME: pcs0247.PPH                                                                                                                   PAGE: 3
DATE: 3/22/2021
             •    Designate a registered agent in this state for the service of process;
             •    Maintain professional liability coverage or financial responsibility, which covers services
                  provided to patients not located in the provider’s home state, in the same amount as required for
                  Florida-licensed practitioners; 18 and
             •    Prominently display a link to the DOH website, described below, which provides public
                  information on registered telehealth providers. 19
                  Standards of Practice

         Current law sets the standard of care for telehealth providers at the same level as the standard of care
         for health care practitioners or health care providers providing in-person health care services to patients
         in this state. This ensures that a patient receives the same standard of care irrespective of the modality
         used by the health care professional to deliver the services. A patient receiving telehealth services may
         be in any location at the time services are rendered and a telehealth provider may be in any location
         when providing telehealth services to a patient. 20

         Practitioners may perform a patient evaluation using telehealth. A practitioner using telehealth is not
         required to research a patient’s medical history or conduct a physical examination of the patient before
         providing telehealth services to the patient if the telehealth provider is capable of conducting a patient
         evaluation in a manner consistent with the applicable standard of care sufficient to diagnose and treat
         the patient when using telehealth.

         Controlled Substances

                  Florida Law

         Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, classifies
         controlled substances into five categories, called schedules. These schedules regulate the
         manufacture, distribution, preparation, and dispensing of the substances listed therein. The
         distinguishing factors between the different drug schedules are the “potential for abuse” 21 of the
         substance and whether there is a currently accepted medical use for the substance. 22

         The controlled substance schedules are as follows:

              •   Schedule I substances have a high potential for abuse and currently have no accepted medical
                  use in the United States, including substances such as cannabis and heroin. 23
              •   Schedule II substances have a high potential for abuse and have a currently accepted but
                  severely restricted medical use in the United States, including substances such as raw opium,
                  fentanyl, and codeine. 24
              •   Schedule III substances have a potential for abuse less than the substances contained in
                  Schedules I and II and have a currently accepted medical use in the United States, including
                  substances such as stimulants and anabolic steroids. 25
              •   Schedule IV substances have a low potential for abuse relative to substances in Schedule III
                  and have a currently accepted medical use in the United States, including substances such as
                  benzodiazepines and barbiturates. 26

18 Florida law requires physicians, acupuncturists, chiropractic physicians, dentists, anesthesiologist assistants, advanced practice

registered nurses, and licensed midwives to demonstrate $100,000 per claim and an annual aggregate of $300,000 of professional
responsibility (see ss. 458.320 and 459.0085, F.S.; r. 64B1-12.001. F.A.C; r. 64B2-17.009, F.A.C.; 64B5-17.0105, F.A.C.; rr. 64B8-
31.006 and 64B15-7.006, F.A.C.; r. 64B9-4.002, F.A.C.; and r. 64B24-7.013, F.A.C.; respectively). Podiatric physicians must
demonstrate professional responsibility in the amount of $100,000 (see r. 64B18-14.0072, F.A.C.).
19 S. 456.47(4), F.S.
20 S. 456.47(2), F.S.
21 S. 893.035(3)(a), F.S., defines “potential for abuse” to mean that a substance has properties as a central nervous system stimulant or

depressant or a hallucinogen that create a substantial likelihood of its being: 1) used in amounts that create a hazard to the user’s
health or safety of the community; 2) diverted from legal channels and distributed through illegal channels; or 3) taken on the user’s
own initiative rather than on the basis of professional medical advice.
22 See s. 893.03, F.S.
23 S. 893.03(1), F.S.
24 S. 893.03(2), F.S.
25 S. 893.03(3), F.S.

STORAGE NAME: pcs0247.PPH                                                                                                         PAGE: 4
DATE: 3/22/2021
               •    Schedule V substances have a low potential for abuse relative to the substances in Schedule IV
                    and have a currently accepted medical use in the United States, including substances such as
                    mixtures that contain small quantities of opiates, narcotics, or stimulants. 27

                    Federal Law

           The Federal Controlled Substances Act 28 also classifies controlled substances into schedules based on
           the potential for abuse and whether there is a currently accepted medical use for the substance. The
           Drug Enforcement Administration (DEA) is required to consider the following when determining where
           to schedule a substance: 29

               •    The substance’s actual or relative potential for abuse;
               •    Scientific evidence of the substance’s pharmacological effect, if known;
               •    The state of current scientific knowledge regarding the substance;
               •    The substance’s history and current pattern of abuse;
               •    The scope, duration, and significance of abuse;
               •    What, if any, risk there is to public health;
               •    The substance’s psychic or physiological dependence liability; and
               •    Whether the substance is an immediate precursor of a substance already controlled.

                    Telehealth Prescribing of Controlled Substances

           Federal law specifically prohibits prescribing controlled substances via the Internet without an in-person
           evaluation: 30

                    No controlled substance that is a prescription drug as determined under the Federal
                    Food, Drug, and Cosmetic Act may be delivered, distributed, or dispensed by means of
                    the Internet without a valid prescription. 31

           The in-person medical evaluation requires that the patient be in the physical presence of the provider
           without regard to the presence or conduct of other professionals. 32 However, the Ryan Haight Online
           Pharmacy Consumer Protection Act, 33 signed into law in October 2008, created a pathway for
           telehealth practitioners to dispense controlled substances via telehealth. The practitioner is still subject
           to the requirement that all controlled substance prescriptions be issued for a legitimate purpose by a
           practitioner acting in the usual course of professional practice. But, once an in-person evaluation of the
           patient has occurred, the practitioner may provide future prescriptions for controlled substances for that
           patient using telehealth services. 34

           Florida law currently prohibits a telehealth provider from using telehealth services to prescribe a
           controlled substance except when treating:

               •    A psychiatric disorder;
               •    An inpatient at a hospital licensed under ch. 395, F.S.;
               •    A patient receiving hospice services as defined under s. 400.601, F.S.;
               •    A resident of a nursing home facility as defined under s. 400.021(12), F.S.

           Effect of Proposed Changes

26 S. 893.03(4), F.S.
27 S. 893.03(5), F.S.
28 21 U.S.C. § 812.
29 21 U.S.C. § 811(c).
30 21 CFR §829
31 A valid prescription is defined as one issued by a practitioner who has conducted at least one in-person medical evaluation of the

patient.
32 21 CFR § 829(e)(2).
33 Ryan Haight Online Consumer Protection Act of 2008, Public Law 110-425 (H.R. 6353).
34 Supra note 40.

STORAGE NAME: pcs0247.PPH                                                                                                        PAGE: 5
DATE: 3/22/2021
       PCS for 247 allows practitioners to prescribe Schedule III, IV, and V controlled substances using
       telehealth services and retains current law restrictions on prescribing Schedule II controlled substances
       through telehealth.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 456.47, F.S.; relating to use of telehealth to provide services.
       Section 2: Provides an effective date of July 1, 2021.

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.



                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       DOH has sufficient rule-making authority to implement the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
STORAGE NAME: pcs0247.PPH                                                                                PAGE: 6
DATE: 3/22/2021
                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0247.PPH                                                  PAGE: 7
DATE: 3/22/2021
F   L      O   R   I   D    A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCS for HB 247                             ORIGINAL                                                  2021




    1                                         A bill to be entitled
    2              An act relating to telehealth practice standards;
    3              amending s. 456.47, F.S.; revising prohibition on
    4              prescribing controlled substances through telehealth;
    5              providing an effective date.
    6
    7      Be It Enacted by the Legislature of the State of Florida:
    8
    9              Section 1.         Paragraph (c) of subsection (2) of section
10         456.47, Florida Statutes, is amended to read:
11                 456.47       Use of telehealth to provide services.—
12                 (2)      PRACTICE STANDARDS.—
13                 (c)       A telehealth provider may not use telehealth to
14         prescribe a controlled substance listed in Schedule II of
15         section 893.03 unless the controlled substance is prescribed for
16         the following:
17                 1.       The treatment of a psychiatric disorder;
18                 2.       Inpatient treatment at a hospital licensed under
19         chapter 395;
20                 3.       The treatment of a patient receiving hospice services
21         as defined in s. 400.601; or
22                 4.       The treatment of a resident of a nursing home facility
23         as defined in s. 400.021.
24                 Section 2.         This act shall take effect July 1, 2021.



                                                         Page 1 of 1
        PCS for HB 247.docx
        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                        V
HB 397
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 397 Cardiovascular Emergency Protocols and Training
SPONSOR(S): DiCeglie
TIED BILLS:       IDEN./SIM. BILLS: SB 766

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Guzzo                 McElroy

  2) Health Care Appropriations Subcommittee

  3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
A heart attack occurs when the flow of oxygen-rich blood to a section of heart muscle suddenly becomes
blocked. If blood flow is not restored quickly, the section of heart muscle begins to die. Heart attack treatment
is most effective if provided when symptoms first occur. Emergency assistance to a person having a heart
attack is usually provided by emergency medical technicians (EMTs), paramedics, or a bystander who
attempts to administer cardiopulmonary resuscitation (CPR).

Current law requires the medical director of an emergency medical services (EMS) provider to issue standing
orders and protocols to its EMTs and paramedics to ensure that patients are transported to facilities that offer a
type and level of care appropriate to the patient’s medical condition.

The Department of Health (DOH) is responsible for certifying 911 public safety telecommunicators (911 PSTs).
To become certified as a 911 PST an applicant is required to receive 232 hours of training, which must include
successful completion of a CPR certification class. A 911 PST must renew their certification every two years
and must receive 20 hours of continuing education prior to renewal. Current law does not require the 20-hours
of continuing education to include CPR training.

HB 397 requires DOH to annually send a list of providers of adult cardiovascular services to the medical
director of each licensed EMS provider. It further requires DOH to develop a sample heart attack triage
assessment tool to be posted on its website and distributed to each licensed EMS provider. In addition, the bill
requires EMS providers to use a substantially similar assessment tool and requires EMS medical directors to
develop and implement assessment, treatment, and transport protocols to ensure heart attack patients are
transported to the most appropriate hospital.

The bill also requires a 911 PST to receive two hours of biennial telecommunicator CPR training in order to
have their certification renewed. Further, the bill requires DOH to establish a procedure to monitor compliance
with the training requirements and authorizes DOH to adjust state revenue funds to a public safety agency
based on its employees’ compliance with the requirements.

The bill has an insignificant, negative fiscal impact on DOH which can be absorbed within current resources.
The bill has no fiscal impact on local government.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0397.PPH
DATE: 3/22/2021
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Heart Attacks

          A heart attack occurs when the flow of oxygen-rich blood to a section of heart muscle suddenly
          becomes blocked. 1 If blood flow is not restored quickly, the section of heart muscle begins to die. Heart
          attacks most often occur as a result of ischemic heart disease – also known as coronary heart disease
          or coronary artery disease, which is caused by plaque build-up inside the coronary arteries. Eventually,
          an area of plaque can rupture inside of an artery causing a blood clot to form on the plaque’s surface. If
          the blood clot becomes large enough, it can mostly or completely block blood flow through a coronary
          artery. If the blockage isn’t treated quickly, the portion of heart muscle fed by the artery begins to die.
          Heart attack treatment is most effective if provided when symptoms first occur. 2

          911 Public Safety Telecommunicators

          Out-of-hospital cardiac arrest (OHCA) describes the sudden, unexpected loss of heart function,
          breathing, and consciousness. 3 Every year an estimated 350,000 people have cardiac arrest in the
          United States in an out-of-hospital environment and only one out of 10 victims survive. 4 911 public
          safety telecommunicators (911 PSTs) along with the 911-caller are often the first responders and it is
          the 911 PST’s job to transform the caller into a lay rescuer by instructing them how to perform CPR. 5

          The Department of Health (DOH) is responsible for certifying 911 PSTs. 6 To become certified as a 911
          PST an applicant is required to receive 232 hours of training, which must include successful completion
          of a CPR certification class. 7 A 911 PST must renew their certification every two years and must
          receive 20 hours of continuing education prior to renewal, which does not currently include CPR
          training. 8

          There are currently 8,861 certified 911 PSTs. 9

          Emergency Medical Transport Services

          Prehospital life support transport services fall into two general categories – basic life support services
          (BLS) and advanced life support services (ALS).

          BLS services include the assessment or treatment by a person qualified under part III of ch. 401, F.S.,
          through the use of techniques described in the EMT-Basic National Standard Curriculum or the
          National Emergency Medical Services (EMS) Education Standards of the U.S. Department of
          Transportation. 10 The term includes the administration of oxygen and other techniques that have been


1 U.S. Department of Health & Human Services, National Heart, Lung, and Blood Institute, Heart Attack, available at

https://www.nhlbi.nih.gov/health-topics/heart-attack (last visited Mar. 20, 2021).
2 Id.
3 Michael Christopher, Telecommunicator Cardiopulmonary Resuscitation – A Policy Statement from the American Heart Association,

AHA Journals, Mar. 24, 2020, available at https://www.ahajournals.org/doi/10.1161/CIR.0000000000000744 (last visited Mar. 20,
2021).
4 Id.
5 Id.
6 Section 401.465(2), F.S.
7 Rule 64J-3.001, F.A.C.
8 Rule 64J-3.003, F.A.C.
9 Florida Department of Health, Agency Analysis of 2021 HB 397, (Feb. 24, 2021).
10 United States Department of Transportation, National Highway Traffic Safety Administration, National Emergency Medical Services

Education Standards, (January 2009), available at https://www.ems.gov/pdf/National-EMS-Education-Standards-FINAL-Jan-2009.pdf
(last visited March 20, 2021).
STORAGE NAME: h0397.PPH                                                                                                     PAGE: 2
DATE: 3/22/2021
         approved and are performed under specific conditions. 11 BLS services are usually performed by
         EMTs. 12

         ALS services include patient assessment or treatment including the implementation of advanced
         medical skills such as endotracheal intubation, the administration of drugs or intravenous fluids,
         telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-
         Paramedic National Standard Curriculum or the National EMS Education Standards. 13 ALS services
         can be performed on site and are usually provided by physicians or paramedics. 14

         The medical director of an EMS provider is required to issue standing orders and protocols to its EMTs
         and paramedics to ensure that patients are transported to facilities that offer a type and level of care
         appropriate to the patient’s medical condition. 15 There is currently no express statutory requirement for
         EMS medical directors to develop and implement transport protocols for heart attack patients.

         Adult Cardiovascular Services

         There are two levels of hospital program licensure for Adult Cardiovascular Services (ACS). A Level I
         program is authorized to perform adult percutaneous cardiac intervention (PCI) 16 without onsite cardiac
         surgery and a Level II program is authorized to perform PCI with onsite cardiac surgery. 17

         For a hospital seeking a Level I ACS program license, it must demonstrate that, for the most recent 12-
         month period as reported to AHCA, it has: 18

             •    Provided a minimum of 300 adult inpatient and outpatient diagnostic cardiac catheterizations; or
             •    Discharged or transferred at least 300 inpatients with the principal diagnosis of ischemic heart
                  disease; 19 and that it has formalized, written transfer agreement with a hospital that has a Level
                  II program.

         A hospital seeking a Level II program license, it must demonstrate that, for the most recent 12-month
         period as reported to AHCA, it has:

             •    Performed a minimum of 1,100 adult inpatient and outpatient cardiac catheterizations, of which
                  at least 400 must be therapeutic catheterizations; or
             •    Discharged at least 800 patients with the principal diagnosis of ischemic heart disease.

         The Agency for Health Care Administration currently maintains a list on its website of hospitals with
         Level I and Level II ACS programs. 20




11 Sections 401.23(7) and (8), F.S.
12 Ryynanen, et. al, Is advanced life support better than basic life support in prehospital care? A systematic review, Scand J Trauma

Resusc. Emerg. Med. 2010; 18: 62, (November 23, 2010), available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3001418/ (last
visited March 11, 2021).
13 Sections 401.23(1) and (2), F.S.
14 Ryynanen, et. al, supra note 18.
15 Rule 64J-1.004, F.A.C.
16 Percutaneous cardiac intervention (PCI), commonly known as coronary angioplasty or angioplasty, is a nonsurgical technique for

treating obstructive coronary artery disease.
17 Section 395.1055(18)(a), F.S.
18 S. 408.0361(3)(b), F.S.
19 Heart condition caused by narrowed heart arteries. This is also called “coronary artery disease” and “coronary heart disease.”
20 Agency for Health Care Administration, Hospital & Outpatient Services Unit, Reports, Cardiovascular – Level I and II ACS, available

at https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Hospital_Outpatient/Reports.shtml (last visited Mar. 20, 2021).
STORAGE NAME: h0397.PPH                                                                                                         PAGE: 3
DATE: 3/22/2021
       Effect of the Bill

       HB 397 requires DOH to annually send a list of providers of adult cardiovascular services to the
       medical director of each licensed EMS provider. It further requires DOH to develop a sample heart
       attack triage assessment tool to be posted on its website and distributed to each licensed EMS
       provider. In addition, the bill requires EMS providers to use a substantially similar assessment tool and
       requires EMS medical directors to develop and implement assessment, treatment, and transport
       protocols to ensure heart attack patients are transported to the most appropriate hospital.

       The bill also requires a 911 PST to receive two hours of biennial telecommunicator CPR training in
       order to have their certification renewed. Further, the bill requires DOH to establish a procedure to
       monitor compliance with the training requirements and authorizes DOH to adjust state revenue funds to
       a public safety agency based on its employees’ compliance with the requirements.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 395.3042, F.S., relating to emergency medical services providers; triage and
                  transportation of heart attack victims to an adult cardiovascular services provider.
       Section 2: Amends s. 401.465, F.S., relating to 911 public safety telecommunicator certification.
       Section 3: Provides an effective date of July 1, 2021.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           The bill has an insignificant, negative fiscal impact on DOH which can be absorbed within current
           resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.




STORAGE NAME: h0397.PPH                                                                                   PAGE: 4
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                                                          III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. The bill does not appear to affect county or municipal governments.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         DOH has sufficient rule-making authority to implement the provisions of the bill.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         The bill requires DOH to establish a procedure to monitor adherence to the training requirements
         created by the bill and authorizes DOH to adjust state grant or shared revenue funds to a public safety
         agency as defined in s. 365.171(3)(d), F.S., based on its employees’ adherence or failure to adhere to
         such requirements. 21 DOH does not currently have regulatory authority over public safety agencies as
         defined in s. 365.171(3)(d), F.S. 22


                              IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




21 Public safety agency means a functional division of a public agency which provides firefighting, law enforcement, medical, or other

emergency services.
22 Supra note 9.

STORAGE NAME: h0397.PPH                                                                                                          PAGE: 5
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           HB 397                                                                                                2021




    1                                         A bill to be entitled
    2               An act relating to cardiovascular emergency protocols
    3               and training; creating s. 395.3042, F.S.; requiring
    4               the Department of Health to send a list of certain
    5               providers of adult cardiovascular services to
    6               specified persons and entities annually; requiring the
    7               department to develop a sample heart attack-triage
    8               assessment tool to be posted on its website and
    9               distributed to licensed emergency medical services
10                  providers; requiring such providers to use the
11                  assessment tool; requiring medical directors of such
12                  providers to develop and implement certain specified
13                  protocols; requiring that such protocols include the
14                  development and implementation of certain plans;
15                  requiring the compliance of certain licensed emergency
16                  medical services providers; amending s. 401.465, F.S.;
17                  providing a definition for the term "telecommunicator
18                  cardiopulmonary resuscitation training"; conforming
19                  cross-references; requiring certain 911 public safety
20                  telecommunicators to receive biannual telecommunicator
21                  cardiopulmonary resuscitation training; requiring the
22                  department to establish a procedure to monitor
23                  adherence to the training requirements; authorizing
24                  the department to adjust state grants or shared
25                  revenue funds to certain entities based on their

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        HB 397                                                                                                2021




26               employees' adherence or failure to adhere to the
27               training requirements; providing an effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31               Section 1.         Section 395.3042, Florida Statutes, is created
32      to read:
33               395.3042         Emergency medical services providers; triage and
34      transportation of heart attack victims to an adult
35      cardiovascular services provider.—
36               (1)     By June 1 of each year, the department shall send a
37      list of providers of Level I and Level II adult cardiovascular
38      services to the medical director of each licensed emergency
39      medical services provider in the state.
40               (2)     The department shall develop a sample heart attack-
41      triage assessment tool. The department must post this sample
42      assessment tool on its website and provide a copy of the
43      assessment tool to each licensed emergency medical services
44      provider. Each licensed emergency medical services provider must
45      use a heart attack-triage assessment tool that is substantially
46      similar to the sample heart attack-triage assessment tool
47      provided by the department.
48               (3)     The medical director of each licensed emergency
49      medical services provider shall develop and implement
50      assessment, treatment, and transport-destination protocols for

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        HB 397                                                                                                2021




51      heart attack patients with the intent to assess, treat, and
52      transport heart attack patients to the most appropriate
53      hospital. Such protocols must include the development and
54      implementation of plans for the triage and transport of patients
55      with acute heart attack symptoms.
56               (4)     Each emergency medical services provider licensed
57      under chapter 401 must comply with this section.
58               Section 2.        Subsections (3) and (4) of section 401.465,
59      Florida Statutes, are renumbered as subsections (4) and (5),
60      respectively, paragraphs (d) and (j) of subsection (2) of that
61      section are amended, paragraph (d) is added to subsection (1) of
62      that section, and a new subsection (3) is added to that section,
63      to read:
64               401.465      911 public safety telecommunicator certification.—
65               (1)     DEFINITIONS.—As used in this section, the term:
66               (d)     "Telecommunicator cardiopulmonary resuscitation
67      training" means specific training, including continuous
68      education, that is evidence based and contains nationally
69      accepted guidelines for high-quality telecommunicator
70      cardiopulmonary resuscitation with the recognition of out-of-
71      hospital cardiac arrest over the telephone and the delivery of
72      telephonic instructions for treating cardiac arrest and
73      performing compression-only cardiopulmonary resuscitation.
74               (2)     PERSONNEL; STANDARDS AND CERTIFICATION.—
75               (d)     The department shall determine whether the applicant

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         HB 397                                                                                                2021




76       meets the requirements specified in this section and in rules of
77       the department and shall issue a certificate to any person who
78       meets such requirements. Such requirements must include the
79       following:
80                1.      Completion of an appropriate 911 public safety
81       telecommunication training program;
82                2.      Certification under oath that the applicant is not
83       addicted to alcohol or any controlled substance;
84                3.      Certification under oath that the applicant is free
85       from any physical or mental defect or disease that might impair
86       the applicant's ability to perform his or her duties;
87                4.      Submission of the application fee prescribed in
88       subsection (4) (3);
89                5.      Submission of a completed application to the department
90       which indicates compliance with subparagraphs 1., 2., and 3.;
91       and
92                6.      Effective October 1, 2012, passage of an examination
93       approved by the department which measures the applicant's
94       competency and proficiency in the subject material of the public
95       safety telecommunication training program.
96                (j)1.       The requirement for certification as a 911 public
97       safety telecommunicator is waived for a person employed as a
98       sworn state-certified law enforcement officer, provided the
99       officer:
100               a.      Is selected by his or her chief executive to perform as

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         HB 397                                                                                                2021




101      a 911 public safety telecommunicator;
102               b.      Performs as a 911 public safety telecommunicator on an
103      occasional or limited basis; and
104               c.      Passes the department-approved examination that
105      measures the competency and proficiency of an applicant in the
106      subject material comprising the public safety telecommunication
107      program.
108               2.      A sworn state-certified law enforcement officer who
109      fails an examination taken under subparagraph 1. must take a
110      department-approved public safety telecommunication training
111      program prior to retaking the examination.
112               3.      The testing required under this paragraph is exempt
113      from the examination fee required under subsection (4) (3).
114               (3)      TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION
115      TRAINING.—
116               (a)      In addition to the certification and recertification
117      requirements contained in this section, 911 public safety
118      telecommunicators who take telephone calls and provide dispatch
119      functions for emergency medical conditions shall also receive
120      telecommunicator cardiopulmonary resuscitation training every 2
121      years.
122               (b)      The department shall establish a procedure to monitor
123      adherence to the training requirements of this subsection and
124      may adjust state grant or shared revenue funds to a public
125      safety agency as defined in s. 365.171(3)(d) based on its

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         HB 397                                                                                                2021




126      employees' adherence or failure to adhere to such requirements.
127               Section 3.        This act shall take effect July 1, 2021.




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PCS for HB 431
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 431 Practice of Physician Assistants
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Professions & Public Health                                                  Rahming               McElroy
    Subcommittee

                                                        SUMMARY ANALYSIS
Physician Assistants (PAs) are regulated by the Florida Council on Physician Assistants (Council) in
conjunction with either the Board of Medicine for PAs licensed under ch. 458, F.S., or the Board of Osteopathic
Medicine for PAs licensed under ch. 459, F.S.

PCS for HB 431 revises the practice acts for PAs in chs. 458 and 459. The bill:

     •    Specifies which PA programs are approved for PA licensure and amends PA licensure and licensure
          renewal requirements;
     •    Authorizes PAs to authenticate any document with their signature, certification, stamp, verification,
          affidavit, or endorsement if the document may also be authenticated by a physician’s signature,
          certification, stamp, verification, affidavit or endorsement;
     •    Removes the prohibition on PAs prescribing psychiatric medications for those under 18 years of age;
     •    Removes the restriction on the number of licensed PAs a physician may supervise at any one time;
     •    Removes the requirement that a PA notify a patient that he or she has the right to see a physician prior
          to the PA prescribing or dispensing a prescription;
     •    Authorizes PAs to procure medications and medical devices, with exceptions;
     •    Authorizes PAs to supervise allopathic and osteopathic medical assistants;
     •    Authorizes PAs to directly bill and receive payment from third-party payors for the services they deliver;
     •    Removes obsolete language relating to prescriber numbers;
     •    Removes the requirement for a licensed PA to notify the DOH in writing within 30 days of employment
          or after any change in his or her supervising physician; and
     •    Removes the requirement that PA licensure applicants seeking prescribing authority provide course
          transcripts.

The bill has an insignificant, negative fiscal impact on the DOH, which can be absorbed within current
resources.

The bill has no fiscal impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0431.PPH
DATE: 3/22/2021
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Physician Assistants

          Physician Assistants (PAs) are regulated by the Florida Council on Physician Assistants (Council) in
          conjunction with either the Board of Medicine for PAs licensed under ch. 458, F.S., or the Board of
          Osteopathic Medicine for PAs licensed under ch. 459, F.S.

                   Council on Physician Assistants

          The Council consists of five members including one physician who is a member of the Board of
          Medicine, one physician who is a member of the Board of Osteopathic Medicine, and three licensed
          PAs appointed by the Surgeon General. 1 The appointed physicians must be physicians who supervise
          physician assistants in their practice. The Council is responsible for: 2

               •   Making recommendations to the DOH regarding the licensure of PAs;
               •   Developing rules for the regulation of PAs for consideration for adoption by the boards;
               •   Making recommendations to the boards regarding all matters relating to PAs;
               •   Addressing concerns and problems of practicing PAs to ensure safety in the PAs’ clinical
                   practices;
               •   Denying, restricting, or placing conditions on the license of PAs who fail to meet the licensing
                   requirements; and
               •   Establishing a formulary of medicinal drugs that PAs may not prescribe. 3

                   Licensure and Regulation of PAs

          An applicant for a PA license must apply to the DOH, and the DOH must issue a license to a person
          certified by the Council as having met all of the following requirements: 4

              •    Is at least 18 years old;
              •    Obtained a passing score an entry-level examination approved by the boards, including, but not
                   limited to those examinations administered by the National Commission on Certification of
                   Physician Assistants;
              •    Completed the application form and paid the applicable application fee;
              •    Completed the an approved PA training program accredited by a specified organization 5 or
                   community college that has met specified criteria; 6
              •    Acknowledged any prior felony convictions;
              •    Acknowledged any previous revocation or denial of licensure in any state;
              •    Provided a copy of course transcripts and a copy of the course description from a PA training
                   program describing the course content in pharmacotherapy, if the applicant is seeking
                   prescribing authority; and
              •    Submitted to a background screening and have no disqualifying offenses. 7



1 Ss. 458.347(9) and 459.022(9), F.S. Members of the Board of Medicine and the Board of Osteopathic Medicine are appointed by the

Governor and confirmed by the Senate. See ss. 458.307 and 459.004, F.S., respectively.
2 Id.
3 S. 458.347(4)(f), F.S.
4 Ss. 458.347(7) and 459.022(7), F.S.
5 The Commission on Accreditation of Allied Health Programs or its successor organization. Id.
6 S. 458.347(6), F.S.
7 S. 456.0135, F.S.

STORAGE NAME: pcs0431.PPH                                                                                                 PAGE: 2
DATE: 3/22/2021
         The DOH may issue a temporary license to a recent approved program graduate who expects to take
         the first National Commission on Certification of Physician Assistants administered examination
         available for registration after the applicant’s graduation. 8 If an applicant has completed all licensure
         requirements and is awaiting the next scheduled meeting of the Council, the DOH may issue up to two
         temporary licenses to practice. 9 The temporary license expires 30 days after an applicant receives his
         or her scores of the proficiency examination and authorizes an applicant who has passed the
         examination to be granted permanent licensure. 10 Applicants who fail the examination can no longer
         hold a temporary license, unless they reapply for a 1-year extension of the temporary license. 11

         Within 30 days after gaining employment as a PA, licensed PAs must provide written notice with
         specified information to the DOH or after any subsequent changes in the supervising physician. PAs
         must renew their licenses biennially. During each biennial renewal cycle PAs must complete 100 hours
         of continuing medical education (CME) or must demonstrate current certification issued by the National
         Commission on Certification of Physician Assistants. 12 To maintain certification, PAs must also take a
         recertification examination every 10 years. 13

         PA Education

         PA education programs are typically three years and award master’s degrees. 14 Many programs
         require students to have health care experience as a condition for admission. 15 PA students receive
         classroom training in: 16

             •    Anatomy;
             •    Physiology;
             •    Biochemistry;
             •    Pharmacology;
             •    Physical diagnosis;
             •    Pathophysiology;
             •    Microbiology;
             •    Clinical laboratory science;
             •    Behavioral science; and
             •    Medical Ethics.

         A PA student must also complete approximately 2,000 hours of clinical rotations, with an emphasis on
         primary care in ambulatory clinics, physician offices, and acute or long-term care facilities. 17 A PA
         student’s rotation could also include family medicine, internal medicine, obstetrics and gynecology,
         pediatrics, general surgery, emergency medicine, or psychiatry. 18




8 Ss. 458.347(7) and 459.002(7), F.S.
9 Id.
10 Id.
11 Id.
12 Ss. 458.347(7)(c) and 459.022(7)(c), F.S.
13 National Commission on Certification of Physician Assistants, Maintaining Certification, https://www.nccpa.net/CertificationProcess

(last visited Feb. 15, 2021).
14 American Academy of PAs, Become a PA, https://www.aapa.org/career-central/become-a-pa/ (last visited Feb. 15, 2021).
15 Id.
16 Id.
17 Id.
18 Id.

STORAGE NAME: pcs0431.PPH                                                                                                       PAGE: 3
DATE: 3/22/2021
         PA Scope of Practice


         PAs may only practice under the direct or indirect supervision of an allopathic or osteopathic physician
         with whom they have a clinical relationship. 19 A supervising physician may only delegate tasks and
         procedures to the PA that are within the supervising physician’s scope of practice. 20 The supervising
         physician may not supervise more than four PAs at any time and may not be required to review and
         cosign charts or medical records prepared by a PA under their supervision. 21 The supervising physician
         is also responsible and liable for any acts or omissions of the PA. 22

         The Boards have established by rule that “responsible supervision” of a PA means the ability of the
         supervising physician to responsibly exercise control and provide direction over the services of the PA.
         Whether the supervision of a PA is adequate, is dependent upon the: 23
              •   Complexity of the task;
              •   Risk to the patient;
              •   Background, training, and skill of the PA;
              •   Adequacy of the direction in terms of its form;
              •   Setting in which the tasks are performed;
              •   Availability of the supervising physician;
              •   Necessity for immediate attention; and
              •   Number of other persons that the supervising physician must supervise.

         A supervising physician decides whether to permit a PA to perform a task or procedure under direct or
         indirect supervision 24 based on reasonable medical judgment regarding the probability of morbidity and
         mortality to the patient. 25 A supervising physician may delegate the authority for a fully licensed PA to: 26

             •    Prescribe or dispense any medication used in the supervising physician’s practice unless such
                  medication is listed in the formulary 27 established by the Council and:
                     o The PA notifies a patient that he or she has the right to see a physician prior to
                          prescribing or dispensing a prescription;
                     o The supervising physician notifies the DOH of his or her intention to delegate such
                          authority; and
                     o The PA completes a minimum of 10 CME hours in the specialty practice in which the PA
                          has prescriptive privileges with each licensure renewal. Three of the 10 CME hours that
                          allopathic PAs are required to take must consist of a continuing education course on the
                          safe and effective prescribing of specified controlled substances. Presently, osteopathic
                          PAs do not have this requirement. 28
             •    Order any medication for administration to the supervising physician’s patient in a hospital or
                  other facility licensed under chapter 395, F.S., or a nursing homes licensed under part II of
                  chapter 400, F.S.; 29 and
19 Ss. 458.347(2)(f) and 459.022(2)(f), F.S., define supervision as responsible supervision and control which requires the easy

availability or physical presence of the licensed physician for consultation and direction of the PA.
20 Rr. 64B8-30.012 and 64B15-6.010, F.A.C.
21 Ss. 458.347(3) and 459.022 (3), F.S.
22 Ss. 458.347(15) and 459.022(15), F.S.
23 Rules 64B8-30.001, F.A.C., and 64B15-6.001, F.A.C.
24 “Direct supervision” refers to the physical presence of the supervising physician so that the physician is immediately available to the

PA when needed. “Indirect supervision” refers to the easy availability of the supervising physician to the physician assistant, which
includes the ability to communicate by telecommunications. The supervising physician must be within reasonable physical proximity.
See Rr. 64B8-30.001, F.A.C., and 64B15-6.001, F.A.C.
25 Rr. 64B8-30.012(2), F.A.C., and 64B15-6.010(2), F.A.C.
26 Ss. 458.347(4)(e) and 459.022(4)(e), F.S.
27 Ss. 458.347(4)(f), F.S., and 459.022(4)(e). The formulary in rr. 64B8-30.008, F.A.C., and 64B15-6.0038, F.A.C., prohibits PAs from

prescribing general, spinal, or epidural anesthetics; radiographic contrast materials; and psychiatric mental health controlled substances
for children younger than 18 years of age. It also restricts the prescribing of Schedule II controlled substances to a 7-day supply. The
rules also authorize PAs to order medicinal drugs for a hospitalized patient of the supervising physician and administer medicinal drugs
under the direction and supervision of the physician.
28 Ss. 458.347(4)(e) and 459.022(4)(e), F.S.
29 Ss. 459.347(4)(f) and 459.022(4)(f), F.S. Chapter 395, F.S., provides for the regulation and the licensure of hospitals and trauma

centers, part II of ch. 400, F.S., provides for the regulation and licensure of nursing home facilities.
STORAGE NAME: pcs0431.PPH                                                                                                         PAGE: 4
DATE: 3/22/2021
             •    Perform any other service that is not expressly prohibited in ch. 458, F.S., ch. 459, F.S., or the
                  rules adopted thereunder.

         Prescribing practitioners also required to register with the federal Drug Enforcement Administration.
         The DOH may also issue a prescriber number to the PA, which grants a PA authority for prescribing
         medicinal drugs authorized under current law. 30 The inclusion of the prescriber number creates a
         presumption that the PA is authorized to prescribe the medicinal drug and the prescription is valid. 31
         Currently, when a PA indicates they want prescribing authority and submits the requisite training, rather
         than issue a “prescriber number,” the DOH places a modifier on a PA’s license so that its license
         verification page (shown below) indicates they are an authorized prescribing PA: 32

         Adverse Incident Reporting

         A PA must report to the DOH any adverse incident occurring in an office practice setting within 15 days
         after the occurrence of the adverse incident. 33 The DOH must review each report to determine if
         discipline against the PA’s license is warranted. 34

         An adverse incident in an office setting is defined as an event over which the PA could exercise control
         and which is associated with a medical intervention and results in one of the following patient injuries: 35

             •    The death of a patient;
             •    Brain or spinal damage to a patient;
             •    The performance of a surgical procedure on the wrong patient;
             •    If the procedure results in death; brain or spinal damage; permanent disfigurement; the fracture
                  or dislocation of bones or joints; a limitation of neurological, physical, or sensory functions; or
                  any condition that required the transfer of a patient, the performance of:
                       o A wrong-site surgical procedure;
                       o A wrong surgical procedure; or
                       o A surgical repair of damage to a patient resulting from a planned surgical procedure
                           where the damage is not a recognized specific risk as disclosed to the patient and
                           documented through the informed consent process;
             •    A procedure to remove unplanned foreign objects remaining from a surgical procedure; or
             •    Any condition that required the transfer of a patient to a hospital from an ambulatory surgical
                  center or any facility or any office maintained by a physician for the practice of medicine which
                  is not licensed under ch. 395, F.S.

         Effect of Proposed Changes

         PCS for HB 413 authorizes a PA to authenticate any document with their signature, certification, stamp,
         verification, affidavit, or endorsement if it may be so authenticated by a physician’s signature,
         certification, stamp, verification, affidavit, or endorsement, including, but not limited to:


             •    Baker Act commitments;
             •    Do-not-resuscitate (DNR) orders or physician orders for the administration of life-sustaining
                  procedures;
             •    Death certificates;
             •    School physicals;
             •    Medical evaluations for workers’ compensation claims; and


30 Ss. 459.347 (4)(e) and 459.022 (4)(e), F.S.
31 Id.
32 Email from Andrew Love, Director of Legislative Affairs, Florida Department of Health, RE: HB 431 Data Request, regarding issuance

of prescriber numbers (Mar. 19, 2014).
33 Ss. 458.351 and 459.026, F.S.
34 Ss. 458.351(5) and 459.026(5), F.S.
35 Ss. 458.351(4) and 459.026(4), F.S.

STORAGE NAME: pcs0431.PPH                                                                                                    PAGE: 5
DATE: 3/22/2021
           •   Physical, occupational, speech therapy, home health services, or durable medical equipment
               orders.

       The bill removes from current law:

           •   The prohibition on PAs prescribing psychiatric medications for those under 18 years of age;
           •   The restriction on the number of licensed PAs a physician may supervise at any one time;
           •   The requirement that a PA notify a patient that he or she has the right to see a physician prior to
               the PA prescribing or dispensing a prescription;
           •   The requirement for a licensed PA to notify the DOH in writing within 30 days of employment or
               after any change in his or her supervising physician; and
           •   Obsolete language relating to prescriber numbers.

       The bill also authorizes PAs to:

           •   Procure drugs and medical devices, unless the medication is listed on the formulary;
           •   Supervise allopathic and osteopathic medical assistants; and
           •   Directly bill and receive payment from third-party payors for the services they deliver.

       The bill maintains the requirement that the Council recommend PA education and training programs to
       the Board of Medicine or the Board of Osteopathic Medicine for approval, but specifies that the board
       may only approve PA programs accredited by the Accreditation Review Commission on Education for
       the Physician Assistant, Inc. The bill also amends the examination type that a PA is required to pass to
       obtain licensure, moving from an entry-level examination approved by the boards to the PANCE
       examination administered by the National Commission on Certification of Physician assistants or its
       successor entity.

       The bill maintains the current age requirement for a PA applicant and adds additional licensure
       requirements including:

           •   Graduating from an approved program;
                  o Specified graduation requirements must be met; and
           •   Obtaining a passing score on the Physician Assistant National Certifying Examination (PANCE)
               administered by the National Commission on Certification of Physician Assistants or its
               successor organization.

       The bill removes the allopathic PA only requirement for 10 CME hours in the specialty practice in which
       the PA has prescriptive privileges and requires three of the 100 CME hours required biennially for all
       PA licensure renewal consist of a course on the safe and effective prescribing of specified controlled
       substances.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1:     Amends s. 458.347, F.S., relating to physician assistants.
       Section 2:     Amends s. 459.022, F.S., relating to physician assistants.
       Section 3:     Provides an effective date of July 1, 2021.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
STORAGE NAME: pcs0431.PPH                                                                                  PAGE: 6
DATE: 3/22/2021
           The bill has an insignificant, negative fiscal impact on the DOH, which can be absorbed within
           current resources.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill provides sufficient rule-making authority to implement its provisions.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs0431.PPH                                                                               PAGE: 7
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    1                                         A bill to be entitled
    2              An act relating to the practice of physician
    3              assistants; amending ss. 458.347 and 459.022, F.S.;
    4              F.S.; providing legislative intent; revising and
    5              providing definitions; authorizing a licensed
    6              physician assistant to provide a signature,
    7              certification, stamp, verification, affidavit, or
    8              endorsement for specified reasons; providing
    9              applicability; deleting a provision relating to the
10                 performance of medical services by a trainee; revising
11                 an accreditation requirement to come from the
12                 Accreditation Review Commission on Education for the
13                 Physician Assistant, Inc., or its successor
14                 organization, or, if before 2001, its predecessor
15                 organization; authorizing a trainee to perform medical
16                 services within the scope of an approved program;
17                 revising physician assistant licensure requirements
18                 for each applicant recommended by the Council on
19                 Physician Assistants; providing direct billing and
20                 reimbursement requirements for a physician assistant;
21                 providing an effective date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                 Section 1.         Section 458.347, Florida Statutes, is amended

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26      to read:
27              458.347       Physician assistants.—
28              (1)      LEGISLATIVE INTENT.—
29              (a)      The purpose of this section is to authorize physician
30      assistants, with their education, training and experience in the
31      field of medicine, to practice medicine in collaboration with
32      physicians and other health practitioners to provide increased
33      efficiency and to ensure high-quality medical services are
34      available at a reasonable cost encourage more effective
35      utilization of the skills of physicians or groups of physicians
36      by enabling them to delegate health care tasks to qualified
37      assistants when such delegation is consistent with the patient's
38      health and welfare.
39              (b)      In order that maximum skills may be obtained within a
40      minimum time period of education, a physician assistant shall be
41      specialized to the extent that he or she can operate efficiently
42      and effectively in the specialty areas in which he or she has
43      been trained or is experienced.
44              (c)      The purpose of this section is to encourage the
45      utilization of physician assistants by physicians and to allow
46      for innovative development of programs for the education of
47      physician assistants.
48              (2)      DEFINITIONS.—As used in this section:
49              (a)      "Approved program" means a physician assistant program
50      in the United States, or any possession or territory thereof,

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51      accredited by the Accreditation Review Commission on Education
52      for the Physician Assistant, Inc., or its successor
53      organization, or, if before 2001, its predecessor organization.
54      formally approved by the boards, for the education of physician
55      assistants.
56              (b)      "Boards" means the Board of Medicine and the Board of
57      Osteopathic Medicine.
58              (c)      "Council" means the Council on Physician Assistants.
59              (d)      "Trainee" means a person who is currently enrolled in
60      an approved program.
61              (e)      "Physician assistant" means a healthcare professional
62      who meets qualifications defined in this chapter or chapter 459
63      and is licensed to practice medicine as provided in this chapter
64      or chapter 459 person who is a graduate of an approved program
65      or its equivalent or meets standards approved by the boards and
66      is licensed to perform medical services delegated by the
67      supervising physician.
68              (f)      "Supervision" means responsible supervision and
69      control. Except in cases of emergency, supervision requires the
70      easy availability or physical presence of the licensed physician
71      for consultation and direction of the actions of the physician
72      assistant. For the purposes of this definition, the term "easy
73      availability" includes the ability to communicate by way of
74      telecommunication. The boards shall establish rules as to what
75      constitutes responsible supervision of the physician assistant.

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76               (g)      "Physician assistant national certifying examination"
77       means the Physician Assistant National Certifying Examination
78       (PANCE) administered by the National Commission on Certification
79       of Physician Assistants or its successor agency "Proficiency
80       examination" means an entry-level examination approved by the
81       boards, including, but not limited to, those examinations
82       administered by the National Commission on Certification of
83       Physician Assistants.
84               (h)      "Continuing medical education" means courses
85       recognized and approved by the boards, the American Academy of
86       Physician Assistants, the American Medical Association, the
87       American Osteopathic Association, or the Accreditation Council
88       on Continuing Medical Education.
89               (3)      PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician
90       or group of physicians supervising a licensed physician
91       assistant must be qualified in the medical areas in which the
92       physician assistant is to perform and shall be individually or
93       collectively responsible and liable for the performance and the
94       acts and omissions of the physician assistant. A physician may
95       not supervise more than four currently licensed physician
96       assistants at any one time. A physician supervising a physician
97       assistant pursuant to this section may not be required to review
98       and cosign charts or medical records prepared by such physician
99       assistant.
100              (4)      PERFORMANCE OF PHYSICIAN ASSISTANTS.—

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101              (a)      The boards shall adopt, by rule, the general
102      principles that supervising physicians must use in developing
103      the scope of practice of a physician assistant under direct
104      supervision and under indirect supervision. These principles
105      shall recognize the diversity of both specialty and practice
106      settings in which physician assistants are used.
107              (b)      This chapter authorizes third-party payors to
108      reimburse employers of physician assistants for covered services
109      rendered by licensed physician assistants. Payment for services
110      within the physician assistant’s scope of practice shall be made
111      when ordered or performed by a physician assistant if the same
112      service would have been covered if ordered or performed by a
113      physician. Physician assistants are authorized to bill for and
114      receive direct payment for the services they deliver. This
115      chapter does not prevent third-party payors from reimbursing
116      employers of physician assistants for covered services rendered
117      by licensed physician assistants.
118              (c)      Licensed physician assistants may not be denied
119      clinical hospital privileges, except for cause, so long as the
120      supervising physician is a staff member in good standing.
121              (d)      A supervisory physician may delegate to a licensed
122      physician assistant, pursuant to a written protocol, the
123      authority to act according to s. 154.04(1)(c). Such delegated
124      authority is limited to the supervising physician's practice in
125      connection with a county health department as defined and

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126      established pursuant to chapter 154. The boards shall adopt
127      rules governing the supervision of physician assistants by
128      physicians in county health departments.
129              (e)       A supervising physician may delegate to a fully
130      licensed physician assistant the authority to prescribe or
131      dispense any medication used in the supervising physician's
132      practice unless such medication is listed on the formulary
133      created pursuant to paragraph (f). A fully licensed physician
134      assistant may only prescribe or dispense such medication under
135      the following circumstances:
136              1.       A physician assistant must clearly identify to the
137      patient that he or she is a physician assistant and inform the
138      patient that the patient has the right to see the physician
139      before a prescription is prescribed or dispensed by the
140      physician assistant.
141              2.       The supervising physician must notify the department of
142      his or her intent to delegate, on a department-approved form,
143      before delegating such authority and of any change in
144      prescriptive privileges of the physician assistant. Authority to
145      dispense may be delegated only by a supervising physician who is
146      registered as a dispensing practitioner in compliance with s.
147      465.0276.
148              3.       A fully licensed physician may procure drugs and
149      medical devise unless the medication is listed on the formulary
150      created pursuant to this paragraph The physician assistant must

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151      complete a minimum of 10 continuing medical education hours in
152      the specialty practice in which the physician assistant has
153      prescriptive privileges with each licensure renewal. Three of
154      the 10 hours must consist of a continuing education course on
155      the safe and effective prescribing of controlled substance
156      medications which is offered by a statewide professional
157      association of physicians in this state accredited to provide
158      educational activities designated for the American Medical
159      Association Physician's Recognition Award Category 1 credit or
160      designated by the American Academy of Physician Assistants as a
161      Category 1 credit.
162              4.       The department may issue a prescriber number to the
163      physician assistant granting authority for the prescribing of
164      medicinal drugs authorized within this paragraph upon completion
165      of the requirements of this paragraph. The physician assistant
166      is not required to independently register pursuant to s.
167      465.0276.
168              5.       The prescription may be in paper or electronic form but
169      must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
170      and must contain, in addition to the supervising physician's
171      name, address, and telephone number, of the physician
172      assistant's prescriber number. Unless it is a drug or drug
173      sample dispensed by the physician assistant, the prescription
174      must be filled in a pharmacy permitted under chapter 465 and
175      must be dispensed in that pharmacy by a pharmacist licensed

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176      under chapter 465. The inclusion of the prescriber number
177      creates a presumption that the physician assistant is authorized
178      to prescribe the medicinal drug and the prescription is valid.
179              6.       The physician assistant must note the prescription or
180      dispensing of medication in the appropriate medical record.
181              (f)1.        The council shall establish a formulary of medicinal
182      drugs that a fully licensed physician assistant having
183      prescribing authority under this section or s. 459.022 may not
184      prescribe. The formulary must include general anesthetics and
185      radiographic contrast materials and must limit the prescription
186      of Schedule II controlled substances as listed in s. 893.03 to a
187      7-day supply. The formulary must also restrict the prescribing
188      of psychiatric mental health controlled substances for children
189      younger than 18 years of age.
190              2.       In establishing the formulary, the council shall
191      consult with a pharmacist licensed under chapter 465, but not
192      licensed under this chapter or chapter 459, who shall be
193      selected by the State Surgeon General.
194              3.       Only the council shall add to, delete from, or modify
195      the formulary. Any person who requests an addition, a deletion,
196      or a modification of a medicinal drug listed on such formulary
197      has the burden of proof to show cause why such addition,
198      deletion, or modification should be made.
199              4.       The boards shall adopt the formulary required by this
200      paragraph, and each addition, deletion, or modification to the

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201      formulary, by rule. Notwithstanding any provision of chapter 120
202      to the contrary, the formulary rule shall be effective 60 days
203      after the date it is filed with the Secretary of State. Upon
204      adoption of the formulary, the department shall mail a copy of
205      such formulary to each fully licensed physician assistant having
206      prescribing authority under this section or s. 459.022, and to
207      each pharmacy licensed by the state. The boards shall establish,
208      by rule, a fee not to exceed $200 to fund the provisions of this
209      paragraph and paragraph (e).
210              (g)      A supervisory physician may delegate to a licensed
211      physician assistant the authority to, and the licensed physician
212      assistant acting under the direction of the supervisory
213      physician may, order any medication for administration to the
214      supervisory physician's patient in a facility licensed under
215      chapter 395 or part II of chapter 400, notwithstanding any
216      provisions in chapter 465 or chapter 893 which may prohibit this
217      delegation.
218              (h)      A licensed physician assistant may perform services
219      delegated by the supervising physician in the physician
220      assistant's practice in accordance with his or her education and
221      training unless expressly prohibited under this chapter, chapter
222      459, or rules adopted under this chapter or chapter 459.
223              (i)      A physician assistant may authenticate any document
224      with their signature, certification, stamp, verification,
225      affidavit or endorsement if it may be so authenticated by the

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226      signature, certification, stamp, verification, affidavit or
227      endorsement of a physician, including but not limited to, any of
228      the following:
229              1. Initiation of an involuntary examination pursuant to s.
230      394.463 (Baker Act);
231              2. Do-not-resuscitate orders or physician orders for the
232      administration of life-sustaining treatment;
233              3. Death certificates;
234              4. School physical examinations;
235              5. Medical evaluations for workers’ compensation claims,
236      including date of maximum medical improvement as defined in s.
237      440.02; and
238              6. Orders for physical therapy, occupational therapy,
239      speech-language therapy, home health services or durable medical
240      equipment.
241              (j)      A physician assistant may supervise medical assistants
242      as defined in this chapter and chapter 459.
243              (5)      PERFORMANCE BY TRAINEES.—Notwithstanding any other
244      law, a trainee may perform medical services when such services
245      are rendered within the scope of an approved program.
246              (6)      PROGRAM APPROVAL.—
247              (a)      The boards shall approve programs, based on
248      recommendations by the council, for the education and training
249      of physician assistants which meet standards established by rule
250      of the boards. The council may recommend only those physician

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251      assistant programs that hold full accreditation or provisional
252      accreditation from the Accreditation Review Commission on
253      Education for the Physician Assistant, Inc., Commission on
254      Accreditation of Allied Health Programs or its successor
255      organization or, if before 2001, its predecessor organization.
256      Any educational institution offering a physician assistant
257      program approved by the boards pursuant to this paragraph may
258      also offer the physician assistant program authorized in
259      paragraph (c) for unlicensed physicians.
260              (b)      Notwithstanding any other provision of law, a trainee
261      may perform medical services when such services are rendered
262      within the scope of an approved program The boards shall adopt
263      and publish standards to ensure that such programs operate in a
264      manner that does not endanger the health or welfare of the
265      patients who receive services within the scope of the programs.
266      The boards shall review the quality of the curricula, faculties,
267      and facilities of such programs and take whatever other action
268      is necessary to determine that the purposes of this section are
269      being met.
270              (c)      Any community college with the approval of the State
271      Board of Education may conduct a physician assistant program
272      which shall apply for national accreditation through the
273      American Medical Association's Committee on Allied Health,
274      Education, and Accreditation, or its successor organization, and
275      which may admit unlicensed physicians, as authorized in

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276      subsection (7), who are graduates of foreign medical schools
277      listed with the World Health Organization. The unlicensed
278      physician must have been a resident of this state for a minimum
279      of 12 months immediately prior to admission to the program. An
280      evaluation of knowledge base by examination shall be required to
281      grant advanced academic credit and to fulfill the necessary
282      requirements to graduate. A minimum of one 16-week semester of
283      supervised clinical and didactic education, which may be
284      completed simultaneously, shall be required before graduation
285      from the program. All other provisions of this section shall
286      remain in effect.
287              (7)       PHYSICIAN ASSISTANT LICENSURE.—
288              (a)       Any person desiring to be licensed as a physician
289      assistant must apply to the department. The department shall
290      issue a license to any person certified by the council as having
291      met the following requirements:
292              1.       Is at least 18 years of age.
293              2.       Has graduated from an approved program.
294              a.       For an applicant who graduated after December 31, 2020,
295      has received a master's degree in accordance with the
296      Accreditation Review Commission on Education for the Physician
297      Assistant, Inc., or its successor organization.
298              b. For an applicant who graduated before December 31, 2020,
299      has received a baccalaureate or master's degree from an approved
300      program.

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301              c. For an applicant who graduated before July 1, 1994, has
302      graduated from an approved program of instruction in primary
303      health care or surgery.
304              d. For an applicant who graduated before July 1, 1983, has
305      received a certification from the boards as a physician
306      assistant.
307              e. The board may also grant a license to an applicant who
308      does not meet the educational requirement specified in
309      subparagraph(a)2., but who passed the Physician Assistant
310      National Certifying Examination administered by the National
311      Commission on Certification of Physician Assistants prior to
312      1986.
313              3.2. Has obtained satisfactorily passed a passing
314      proficiency examination by an acceptable score as established by
315      the National Commission on Certification of Physician Assistants
316      or its successor and has been nationally certified. If an
317      applicant does not hold a current certificate issued by the
318      National Commission on Certification of Physician Assistants or
319      its successor organization and has not actively practiced as a
320      physician assistant within the immediately preceding 4 years,
321      the applicant must retake and successfully complete the entry-
322      level examination of the National Commission on Certification of
323      Physician Assistants or its successor organization to be
324      eligible for licensure.
325              4.3.         Has completed the application form and remitted an

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326      application fee not to exceed $300 as set by the boards. An
327      application for licensure made by a physician assistant must
328      include:
329              a.       A diploma from an approved certificate of completion of
330      a physician assistant training program specified in subsection
331      (6).
332              b.       Acknowledgment of any prior felony convictions.
333              c.       Acknowledgment of any previous revocation or denial of
334      licensure or certification in any state.
335              d.       A copy of course transcripts and a copy of the course
336      description from a physician assistant training program
337      describing course content in pharmacotherapy, if the applicant
338      wishes to apply for prescribing authority. These documents must
339      meet the evidence requirements for prescribing authority.
340              (b)1.        The license must be renewed biennially. Each renewal
341      must include:
342              a.       A renewal fee not to exceed $500 as set by the boards.
343              b.       Acknowledgment of no felony convictions in the previous
344      2 years.
345              c.       A completed physician assistant workforce survey, which
346      shall be administered in the same manner as the physician survey
347      established in s. 458.3191 and must contain the same information
348      required in s. 458.3191(1) and (2).
349              2.       Beginning July 1, 2018, and every 2 years thereafter,
350      the department shall report the data collected from the

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351      physician assistant workforce surveys to the boards.
352              3.       The department shall adopt rules to implement this
353      paragraph.
354              (c)       Each licensed physician assistant shall biennially
355      complete 100 hours of continuing medical education or shall hold
356      a current certificate issued by the National Commission on
357      Certification of Physician Assistants or its successor
358      organization. Three hours of the continuing medical education
359      must consist of the safe and effective prescribing of controlled
360      substances designated by the Florida Academy of Physician
361      Assistants category I credit.
362              (d)       Upon employment as a physician assistant, a licensed
363      physician assistant must notify the department in writing within
364      30 days after such employment or after any subsequent changes in
365      the supervising physician. The notification must include the
366      full name, Florida medical license number, specialty, and
367      address of the supervising physician.
368              (d)(e)       Notwithstanding subparagraph (a)2., the department
369      may grant to a recent graduate of an approved program, as
370      specified in subsection (6), who expects to take the first
371      examination administered by the National Commission on
372      Certification of Physician Assistants available for registration
373      after the applicant's graduation, a temporary license. The
374      temporary license shall expire 30 days after receipt of scores
375      of the proficiency examination administered by the National

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376      Commission on Certification of Physician Assistants. Between
377      meetings of the council, the department may grant a temporary
378      license to practice based on the completion of all temporary
379      licensure requirements. All such administratively issued
380      licenses shall be reviewed and acted on at the next regular
381      meeting of the council. The recent graduate may be licensed
382      before employment but must comply with paragraph (d). An
383      applicant who has passed the proficiency examination may be
384      granted permanent licensure. An applicant failing the
385      proficiency examination is no longer temporarily licensed but
386      may reapply for a 1-year extension of temporary licensure. An
387      applicant may not be granted more than two temporary licenses
388      and may not be licensed as a physician assistant until he or she
389      passes the examination administered by the National Commission
390      on Certification of Physician Assistants. As prescribed by board
391      rule, the council may require an applicant who does not pass the
392      licensing examination after five or more attempts to complete
393      additional remedial education or training. The council shall
394      prescribe the additional requirements in a manner that permits
395      the applicant to complete the requirements and be reexamined
396      within 2 years after the date the applicant petitions the
397      council to retake the examination a sixth or subsequent time.
398              (e)(f)       The Board of Medicine may impose any of the
399      penalties authorized under ss. 456.072 and 458.331(2) upon a
400      physician assistant if the physician assistant or the

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401      supervising physician has been found guilty of or is being
402      investigated for any act that constitutes a violation of this
403      chapter or chapter 456.
404              (f)(g)       An application or other documentation required to
405      be submitted to the department under this subsection may be
406      submitted electronically.
407              (8)       DELEGATION OF POWERS AND DUTIES.—The boards may
408      delegate such powers and duties to the council as they may deem
409      proper.
410              (9)       COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
411      Physician Assistants is created within the department.
412              (a)       The council shall consist of five members appointed as
413      follows:
414              1.       The chairperson of the Board of Medicine shall appoint
415      one member who is a physician and member of the Board of
416      Medicine who supervises a physician assistant in the physician's
417      practice.
418              2.       The chairperson of the Board of Osteopathic Medicine
419      shall appoint one member who is a physician and member of the
420      Board of Osteopathic Medicine who supervises a physician
421      assistant in the physician's practice.
422              3.       The State Surgeon General or his or her designee shall
423      appoint three fully licensed physician assistants licensed under
424      this chapter or chapter 459.
425              (b)       Members shall be appointed to terms of 4 years, except

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426      that of the initial appointments, two members shall be appointed
427      to terms of 2 years, two members shall be appointed to terms of
428      3 years, and one member shall be appointed to a term of 4 years,
429      as established by rule of the boards. Council members may not
430      serve more than two consecutive terms. The council shall
431      annually elect a chairperson from among its members.
432              (c)      The council shall:
433              1.       Recommend to the department the licensure of physician
434      assistants.
435              2.       Develop all rules regulating the use of physician
436      assistants by physicians under this chapter and chapter 459,
437      except for rules relating to the formulary developed under
438      paragraph (4)(f). The council shall also develop rules to ensure
439      that the continuity of supervision is maintained in each
440      practice setting. The boards shall consider adopting a proposed
441      rule developed by the council at the regularly scheduled meeting
442      immediately following the submission of the proposed rule by the
443      council. A proposed rule submitted by the council may not be
444      adopted by either board unless both boards have accepted and
445      approved the identical language contained in the proposed rule.
446      The language of all proposed rules submitted by the council must
447      be approved by both boards pursuant to each respective board's
448      guidelines and standards regarding the adoption of proposed
449      rules. If either board rejects the council's proposed rule, that
450      board must specify its objection to the council with

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451      particularity and include any recommendations it may have for
452      the modification of the proposed rule.
453              3.       Make recommendations to the boards regarding all
454      matters relating to physician assistants.
455              4.       Address concerns and problems of practicing physician
456      assistants in order to improve safety in the clinical practices
457      of licensed physician assistants.
458              (d)       When the council finds that an applicant for licensure
459      has failed to meet, to the council's satisfaction, each of the
460      requirements for licensure set forth in this section, the
461      council may enter an order to:
462              1.       Refuse to certify the applicant for licensure;
463              2.       Approve the applicant for licensure with restrictions
464      on the scope of practice or license; or
465              3.       Approve the applicant for conditional licensure. Such
466      conditions may include placement of the licensee on probation
467      for a period of time and subject to such conditions as the
468      council may specify, including but not limited to, requiring the
469      licensee to undergo treatment, to attend continuing education
470      courses, to work under the direct supervision of a physician
471      licensed in this state, or to take corrective action.
472              (10)         INACTIVE AND DELINQUENT STATUS.—A license on inactive
473      or delinquent status may be reactivated only as provided in s.
474      456.036.
475              (11)         PENALTY.—Any person who has not been licensed by the

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476      council and approved by the department and who holds himself or
477      herself out as a physician assistant or who uses any other term
478      in indicating or implying that he or she is a physician
479      assistant commits a felony of the third degree, punishable as
480      provided in s. 775.082 or s. 775.084 or by a fine not exceeding
481      $5,000.
482              (12)         DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The
483      boards may deny, suspend, or revoke a physician assistant
484      license if a board determines that the physician assistant has
485      violated this chapter.
486              (13)         RULES.—The boards shall adopt rules to implement this
487      section, including rules detailing the contents of the
488      application for licensure and notification pursuant to
489      subsection (7) and rules to ensure both the continued competency
490      of physician assistants and the proper utilization of them by
491      physicians or groups of physicians.
492              (14)         EXISTING PROGRAMS.—This section does not eliminate or
493      supersede existing laws relating to other paramedical
494      professions or services and is supplemental to all such existing
495      laws relating to the licensure and practice of paramedical
496      professions.
497              (15)         LIABILITY.—Each supervising physician using a
498      physician assistant is liable for any acts or omissions of the
499      physician assistant acting under the physician's supervision and
500      control.

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501              (16)         LEGAL SERVICES.—Legal services shall be provided to
502      the council pursuant to s. 456.009(1).
503              (17)         FEES.—The department shall allocate the fees
504      collected under this section to the council.
505              Section 2.         Section 459.022, Florida Statutes, is amended
506      to read:
507              459.022         Physician assistants.—
508              (1)      LEGISLATIVE INTENT.—
509              (a)      The purpose of this section is to authorize physician
510      assistants, with their education, training and experience in the
511      field of medicine, to practice medicine in collaboration with
512      physicians and other health practitioners to provide increased
513      efficiency and to ensure high-quality medical services are
514      available at a reasonable cost encourage more effective
515      utilization of the skills of osteopathic physicians or groups of
516      osteopathic physicians by enabling them to delegate health care
517      tasks to qualified assistants when such delegation is consistent
518      with the patient's health and welfare.
519              (b)      In order that maximum skills may be obtained within a
520      minimum time period of education, a physician assistant shall be
521      specialized to the extent that she or he can operate efficiently
522      and effectively in the specialty areas in which she or he has
523      been trained or is experienced.
524              (c)      The purpose of this section is to encourage the
525      utilization of physician assistants by osteopathic physicians

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526      and to allow for innovative development of programs for the
527      education of physician assistants.
528              (2)      DEFINITIONS.—As used in this section:
529              (a)      "Approved program" means a physician assistant program
530      in the United States, or any possession or territory thereof,
531      accredited by the Accreditation Review Commission on Education
532      for the Physician Assistant, Inc., or its successor
533      organization, or, if before 2001, its predecessor organization.
534      formally approved by the boards, for the education of physician
535      assistants.
536              (b)      "Boards" means the Board of Medicine and the Board of
537      Osteopathic Medicine.
538              (c)      "Council" means the Council on Physician Assistants.
539              (d)      "Trainee" means a person who is currently enrolled in
540      an approved program.
541              (e)      "Physician assistant" means a healthcare professional
542      who meets qualifications defined in this chapter or chapter 458
543      and is licensed to practice medicine as provided in this chapter
544      or chapter 458 person who is a graduate of an approved program
545      or its equivalent or meets standards approved by the boards and
546      is licensed to perform medical services delegated by the
547      supervising physician.
548              (f)      "Supervision" means responsible supervision and
549      control. Except in cases of emergency, supervision requires the
550      easy availability or physical presence of the licensed physician

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551      for consultation and direction of the actions of the physician
552      assistant. For the purposes of this definition, the term "easy
553      availability" includes the ability to communicate by way of
554      telecommunication. The boards shall establish rules as to what
555      constitutes responsible supervision of the physician assistant.
556              (g)      "Physician assistant national certifying examination"
557      means the Physician Assistant National Certifying Examination
558      (PANCE) administered by the National Commission on Certification
559      of Physician Assistants or its successor agency "Proficiency
560      examination" means an entry-level examination approved by the
561      boards, including, but not limited to, those examinations
562      administered by the National Commission on Certification of
563      Physician Assistants.
564              (h)      "Continuing medical education" means courses
565      recognized and approved by the boards, the American Academy of
566      Physician Assistants, the American Medical Association, the
567      American Osteopathic Association, or the Accreditation Council
568      on Continuing Medical Education.
569              (3)      PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician
570      or group of physicians supervising a licensed physician
571      assistant must be qualified in the medical areas in which the
572      physician assistant is to perform and shall be individually or
573      collectively responsible and liable for the performance and the
574      acts and omissions of the physician assistant. A physician may
575      not supervise more than four currently licensed physician

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576      assistants at any one time. A physician supervising a physician
577      assistant pursuant to this section may not be required to review
578      and cosign charts or medical records prepared by such physician
579      assistant.
580              (4)      PERFORMANCE OF PHYSICIAN ASSISTANTS.—
581              (a)      The boards shall adopt, by rule, the general
582      principles that supervising physicians must use in developing
583      the scope of practice of a physician assistant under direct
584      supervision and under indirect supervision. These principles
585      shall recognize the diversity of both specialty and practice
586      settings in which physician assistants are used.
587              (b)      This chapter authorizes third-party payors to
588      reimburse employers of physician assistants for covered services
589      rendered by licensed physician assistants. Payment for services
590      within the physician assistant’s scope of practice shall be made
591      when ordered or performed by a physician assistant if the same
592      service would have been covered if ordered or performed by a
593      physician. Physician assistants are authorized to bill for and
594      receive direct payment for the services they deliver. This
595      chapter does not prevent third-party payors from reimbursing
596      employers of physician assistants for covered services rendered
597      by licensed physician assistants.
598              (c)      Licensed physician assistants may not be denied
599      clinical hospital privileges, except for cause, so long as the
600      supervising physician is a staff member in good standing.

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601              (d)       A supervisory physician may delegate to a licensed
602      physician assistant, pursuant to a written protocol, the
603      authority to act according to s. 154.04(1)(c). Such delegated
604      authority is limited to the supervising physician's practice in
605      connection with a county health department as defined and
606      established pursuant to chapter 154. The boards shall adopt
607      rules governing the supervision of physician assistants by
608      physicians in county health departments.
609              (e)       A supervising physician may delegate to a fully
610      licensed physician assistant the authority to prescribe or
611      dispense any medication used in the supervising physician's
612      practice unless such medication is listed on the formulary
613      created pursuant to s. 458.347. A fully licensed physician
614      assistant may only prescribe or dispense such medication under
615      the following circumstances:
616              1.       A physician assistant must clearly identify to the
617      patient that she or he is a physician assistant and must inform
618      the patient that the patient has the right to see the physician
619      before a prescription is prescribed or dispensed by the
620      physician assistant.
621              2.       The supervising physician must notify the department of
622      her or his intent to delegate, on a department-approved form,
623      before delegating such authority and of any change in
624      prescriptive privileges of the physician assistant. Authority to
625      dispense may be delegated only by a supervising physician who is

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626      registered as a dispensing practitioner in compliance with s.
627      465.0276.
628              3.       A fully licensed physician may procure drugs and
629      medical devise unless the medication is listed on the formulary
630      created pursuant to this paragraph The physician assistant must
631      complete a minimum of 10 continuing medical education hours in
632      the specialty practice in which the physician assistant has
633      prescriptive privileges with each licensure renewal.
634              4.       The department may issue a prescriber number to the
635      physician assistant granting authority for the prescribing of
636      medicinal drugs authorized within this paragraph upon completion
637      of the requirements of this paragraph. The physician assistant
638      is not required to independently register pursuant to s.
639      465.0276.
640              5.       The prescription may be in paper or electronic form but
641      must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
642      and must contain, in addition to the supervising physician's
643      name, address, and telephone number, of the physician
644      assistant's prescriber number. Unless it is a drug or drug
645      sample dispensed by the physician assistant, the prescription
646      must be filled in a pharmacy permitted under chapter 465, and
647      must be dispensed in that pharmacy by a pharmacist licensed
648      under chapter 465. The inclusion of the prescriber number
649      creates a presumption that the physician assistant is authorized
650      to prescribe the medicinal drug and the prescription is valid.

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651              6.       The physician assistant must note the prescription or
652      dispensing of medication in the appropriate medical record.
653              (f)1.        The council shall establish a formulary of medicinal
654      drugs that a fully licensed physician assistant having
655      prescribing authority under this section or s. 459.022 may not
656      prescribe. The formulary must include general anesthetics and
657      radiographic contrast materials and must limit the prescription
658      of Schedule II controlled substances as listed in s. 893.03 to a
659      7-day supply.
660              2.       In establishing the formulary, the council shall
661      consult with a pharmacist licensed under chapter 465, but not
662      licensed under this chapter or chapter 458, who shall be
663      selected by the State Surgeon General.
664              3.       Only the council shall add to, delete from, or modify
665      the formulary. Any person who requests an addition, a deletion,
666      or a modification of a medicinal drug listed on such formulary
667      has the burden of proof to show cause why such addition,
668      deletion, or modification should be made.
669              4.       The boards shall adopt the formulary required by this
670      paragraph, and each addition, deletion, or modification to the
671      formulary, by rule. Notwithstanding any provision of chapter 120
672      to the contrary, the formulary rule shall be effective 60 days
673      after the date it is filed with the Secretary of State. Upon
674      adoption of the formulary, the department shall mail a copy of
675      such formulary to each fully licensed physician assistant having

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676      prescribing authority under this section or s. 458.437, and to
677      each pharmacy licensed by the state. The boards shall establish,
678      by rule, a fee not to exceed $200 to fund the provisions of this
679      paragraph and paragraph (e).
680              (g)(f)       A supervisory physician may delegate to a licensed
681      physician assistant the authority to, and the licensed physician
682      assistant acting under the direction of the supervisory
683      physician may, order any medication for administration to the
684      supervisory physician's patient in a facility licensed under
685      chapter 395 or part II of chapter 400, notwithstanding any
686      provisions in chapter 465 or chapter 893 which may prohibit this
687      delegation.
688              (h)(g)       A licensed physician assistant may perform services
689      delegated by the supervising physician in the physician
690      assistant's practice in accordance with his or her education and
691      training unless expressly prohibited under this chapter, chapter
692      458, or rules adopted under this chapter or chapter 458.
693              (i)      A physician assistant may authenticate any document
694      with their signature, certification, stamp, verification,
695      affidavit or endorsement if it may be so authenticated by the
696      signature, certification, stamp, verification, affidavit or
697      endorsement of a physician, including but not limited to, any of
698      the following:
699              1. Initiation of an involuntary examination pursuant to s.
700      394.463 (Baker Act);

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701              2. Do-not-resuscitate orders or physician orders for the
702      administration of life-sustaining treatment;
703              3. Death certificates;
704              4. School physical examinations;
705              5. Medical evaluations for workers’ compensation claims,
706      including date of maximum medical improvement as defined in s.
707      440.02; and
708              6. Orders for physical therapy, occupational therapy,
709      speech-language therapy, home health services or durable medical
710      equipment.
711              (j)      A physician assistant may supervise medical assistants
712      as defined in this chapter and chapter 458.
713              (5)      PERFORMANCE BY TRAINEES.—Notwithstanding any other
714      law, a trainee may perform medical services when such services
715      are rendered within the scope of an approved program.
716              (6)      PROGRAM APPROVAL.—
717              (a)      The boards shall approve programs, based on
718      recommendations by the council, for the education and training
719      of physician assistants which meet standards established by rule
720      of the boards. The council may recommend only those physician
721      assistant programs that hold full accreditation or provisional
722      accreditation from the Accreditation Review Commission on
723      Education for the Physician Assistant, Inc., Commission on
724      Accreditation of Allied Health Programs or its successor
725      organization or, if before 2001, its predecessor organization.

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726              (b)       Notwithstanding any other provision of law, a trainee
727      may perform medical services when such services are rendered
728      within the scope of an approved program The boards shall adopt
729      and publish standards to ensure that such programs operate in a
730      manner that does not endanger the health or welfare of the
731      patients who receive services within the scope of the programs.
732      The boards shall review the quality of the curricula, faculties,
733      and facilities of such programs and take whatever other action
734      is necessary to determine that the purposes of this section are
735      being met.
736              (7)       PHYSICIAN ASSISTANT LICENSURE.—
737              (a)       Any person desiring to be licensed as a physician
738      assistant must apply to the department. The department shall
739      issue a license to any person certified by the council as having
740      met the following requirements:
741              1.       Is at least 18 years of age.
742              2.       Has graduated from an approved program.
743              a.       For an applicant who graduated after December 31, 2020,
744      has received a master's degree in accordance with the
745      Accreditation Review Commission on Education for the Physician
746      Assistant, Inc., or its successor organization.
747              b. For an applicant who graduated before December 31, 2020,
748      has received a baccalaureate or master's degree from an approved
749      program.
750              c. For an applicant who graduated before July 1, 1994, has

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751      graduated from an approved program of instruction in primary
752      health care or surgery.
753              d. For an applicant who graduated before July 1, 1983, has
754      received a certification from the boards as a physician
755      assistant.
756              e. The board may also grant a license to an applicant who
757      does not meet the educational requirement specified in
758      subparagraph(a)2., but who passed the Physician Assistant
759      National Certifying Examination administered by the National
760      Commission on Certification of Physician Assistants prior to
761      1986.
762              3.2. Has obtained satisfactorily passed a passing
763      proficiency examination by an acceptable score as established by
764      the National Commission on Certification of Physician Assistants
765      or its successor and has been nationally certified. If an
766      applicant does not hold a current certificate issued by the
767      National Commission on Certification of Physician Assistants or
768      its successor organization and has not actively practiced as a
769      physician assistant within the immediately preceding 4 years,
770      the applicant must retake and successfully complete the entry-
771      level examination of the National Commission on Certification of
772      Physician Assistants or its successor organization to be
773      eligible for licensure.
774              4.3.         Has completed the application form and remitted an
775      application fee not to exceed $300 as set by the boards. An

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776      application for licensure made by a physician assistant must
777      include:
778              a.       A diploma from an approved certificate of completion of
779      a physician assistant training program specified in subsection
780      (6).
781              b.       Acknowledgment of any prior felony convictions.
782              c.       Acknowledgment of any previous revocation or denial of
783      licensure or certification in any state.
784              d.       A copy of course transcripts and a copy of the course
785      description from a physician assistant training program
786      describing course content in pharmacotherapy, if the applicant
787      wishes to apply for prescribing authority. These documents must
788      meet the evidence requirements for prescribing authority.
789              (b)1.        The licensure must be renewed biennially. Each
790      renewal must include:
791              a.       A renewal fee not to exceed $500 as set by the boards.
792              b.       Acknowledgment of no felony convictions in the previous
793      2 years.
794              c.       A completed physician assistant workforce survey, which
795      shall be administered in the same manner as the physician survey
796      established in s. 459.0081 and must contain the same information
797      required under s. 459.0081(1) and (2).
798              2.       Beginning July 1, 2018, and every 2 years thereafter,
799      the department shall report the data collected from the
800      physician assistant workforce surveys to the boards.

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801              3.       The department shall adopt rules to implement this
802      paragraph.
803              (c)       Each licensed physician assistant shall biennially
804      complete 100 hours of continuing medical education or shall hold
805      a current certificate issued by the National Commission on
806      Certification of Physician Assistants or its successor
807      organization. Three hours of the continuing medical education
808      must consist of the safe and effective prescribing of controlled
809      substances designated by the Florida Academy of Physician
810      Assistants category I credit.
811              (d)       Upon employment as a physician assistant, a licensed
812      physician assistant must notify the department in writing within
813      30 days after such employment or after any subsequent changes in
814      the supervising physician. The notification must include the
815      full name, Florida medical license number, specialty, and
816      address of the supervising physician.
817              (d)(e)       Notwithstanding subparagraph (a)2., the department
818      may grant to a recent graduate of an approved program, as
819      specified in subsection (6), a temporary license to expire upon
820      receipt of scores of the proficiency examination administered by
821      the National Commission on Certification of Physician
822      Assistants. Between meetings of the council, the department may
823      grant a temporary license to practice to physician assistant
824      applicants based on the completion of all temporary licensure
825      requirements. All such administratively issued licenses shall be

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826      reviewed and acted on at the next regular meeting of the
827      council. The recent graduate may be licensed prior to
828      employment, but must comply with paragraph (d). An applicant who
829      has passed the proficiency examination may be granted permanent
830      licensure. An applicant failing the proficiency examination is
831      no longer temporarily licensed, but may reapply for a 1-year
832      extension of temporary licensure. An applicant may not be
833      granted more than two temporary licenses and may not be licensed
834      as a physician assistant until she or he passes the examination
835      administered by the National Commission on Certification of
836      Physician Assistants. As prescribed by board rule, the council
837      may require an applicant who does not pass the licensing
838      examination after five or more attempts to complete additional
839      remedial education or training. The council shall prescribe the
840      additional requirements in a manner that permits the applicant
841      to complete the requirements and be reexamined within 2 years
842      after the date the applicant petitions the council to retake the
843      examination a sixth or subsequent time.
844              (e)(f)       The Board of Osteopathic Medicine may impose any of
845      the penalties authorized under ss. 456.072 and 459.015(2) upon a
846      physician assistant if the physician assistant or the
847      supervising physician has been found guilty of or is being
848      investigated for any act that constitutes a violation of this
849      chapter or chapter 456.
850              (f)(g)       An application or other documentation required to

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851      be submitted to the department under this subsection may be
852      submitted electronically.
853              (8)       DELEGATION OF POWERS AND DUTIES.—The boards may
854      delegate such powers and duties to the council as they may deem
855      proper.
856              (9)       COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
857      Physician Assistants is created within the department.
858              (a)       The council shall consist of five members appointed as
859      follows:
860              1.       The chairperson of the Board of Medicine shall appoint
861      one member who is a physician and member of the Board of
862      Medicine who supervises a physician assistant in the physician's
863      practice.
864              2.       The chairperson of the Board of Osteopathic Medicine
865      shall appoint one member who is a physician and member of the
866      Board of Osteopathic Medicine who supervises a physician
867      assistant in the physician's practice.
868              3.       The State Surgeon General or her or his designee shall
869      appoint three fully licensed physician assistants licensed under
870      chapter 458 or this chapter.
871              (b)       Members shall be appointed to terms of 4 years, except
872      that of the initial appointments, two members shall be appointed
873      to terms of 2 years, two members shall be appointed to terms of
874      3 years, and one member shall be appointed to a term of 4 years,
875      as established by rule of the boards. Council members may not

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876      serve more than two consecutive terms. The council shall
877      annually elect a chairperson from among its members.
878              (c)       The council shall:
879              1.       Recommend to the department the licensure of physician
880      assistants.
881              2.       Develop all rules regulating the use of physician
882      assistants by physicians under chapter 458 and this chapter,
883      except for rules relating to the formulary developed under s.
884      458.347. The council shall also develop rules to ensure that the
885      continuity of supervision is maintained in each practice
886      setting. The boards shall consider adopting a proposed rule
887      developed by the council at the regularly scheduled meeting
888      immediately following the submission of the proposed rule by the
889      council. A proposed rule submitted by the council may not be
890      adopted by either board unless both boards have accepted and
891      approved the identical language contained in the proposed rule.
892      The language of all proposed rules submitted by the council must
893      be approved by both boards pursuant to each respective board's
894      guidelines and standards regarding the adoption of proposed
895      rules. If either board rejects the council's proposed rule, that
896      board must specify its objection to the council with
897      particularity and include any recommendations it may have for
898      the modification of the proposed rule.
899              3.       Make recommendations to the boards regarding all
900      matters relating to physician assistants.

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         PCS for HB 431                             ORIGINAL                                                  2021




901              4.       Address concerns and problems of practicing physician
902      assistants in order to improve safety in the clinical practices
903      of licensed physician assistants.
904              (d)       When the council finds that an applicant for licensure
905      has failed to meet, to the council's satisfaction, each of the
906      requirements for licensure set forth in this section, the
907      council may enter an order to:
908              1.       Refuse to certify the applicant for licensure;
909              2.       Approve the applicant for licensure with restrictions
910      on the scope of practice or license; or
911              3.       Approve the applicant for conditional licensure. Such
912      conditions may include placement of the licensee on probation
913      for a period of time and subject to such conditions as the
914      council may specify, including but not limited to, requiring the
915      licensee to undergo treatment, to attend continuing education
916      courses, to work under the direct supervision of a physician
917      licensed in this state, or to take corrective action.
918              (10)         INACTIVE AND DELINQUENT STATUS.—A license on inactive
919      or delinquent status may be reactivated only as provided in s.
920      456.036.
921              (11)         PENALTY.—Any person who has not been licensed by the
922      council and approved by the department and who holds herself or
923      himself out as a physician assistant or who uses any other term
924      in indicating or implying that she or he is a physician
925      assistant commits a felony of the third degree, punishable as

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         PCS for HB 431                             ORIGINAL                                                  2021




926      provided in s. 775.082 or s. 775.084 or by a fine not exceeding
927      $5,000.
928              (12)         DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The
929      boards may deny, suspend, or revoke a physician assistant
930      license if a board determines that the physician assistant has
931      violated this chapter.
932              (13)         RULES.—The boards shall adopt rules to implement this
933      section, including rules detailing the contents of the
934      application for licensure and notification pursuant to
935      subsection (7) and rules to ensure both the continued competency
936      of physician assistants and the proper utilization of them by
937      physicians or groups of physicians.
938              (14)         EXISTING PROGRAMS.—This section does not eliminate or
939      supersede existing laws relating to other paramedical
940      professions or services and is supplemental to all such existing
941      laws relating to the licensure and practice of paramedical
942      professions.
943              (15)         LIABILITY.—Each supervising physician using a
944      physician assistant is liable for any acts or omissions of the
945      physician assistant acting under the physician's supervision and
946      control.
947              (16)         LEGAL SERVICES.—Legal services shall be provided to
948      the council pursuant to s. 456.009(1).
949              (17)         FEES.—The department shall allocate the fees
950      collected under this section to the council.

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951              Section 3.         This act shall take effect July 1, 2021.




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HB 627
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 627 Alzheimer's Disease and Dementia-Related Disorders Education
SPONSOR(S): Salzman
TIED BILLS:       IDEN./SIM. BILLS: SB 874

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Grabowski             McElroy

  2) Health Care Appropriations Subcommittee

  3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
Alzheimer’s disease is the most prevalent form of dementia, a general term for memory loss. It is a progressive
brain disorder that damages and eventually destroys brain cells, leading to memory loss and changes in the
functions of the brain. Alzheimer’s disease accounts for 60 to 80 percent of dementia cases. There are an
estimated 5.8 million people in the United States with Alzheimer’s disease, including 5.6 million people aged 65
and older and 200,000 individuals under age 65 who have younger-onset Alzheimer’s disease.

Florida has several programs and initiatives under the oversight of the Department of Elder Affairs (DOEA) that
provide resources and support for individuals suffering from Alzheimer’s disease and other dementia-related
disorders. These include:

         •    The Alzheimer’s Disease Initiative;
         •    The Purple Ribbon Task Force and Alzheimer’s Disease State Plan;
         •    The Alzheimer’s Disease Advisory Committee; and
         •    The Dementia Care and Cure Initiative.

The Florida Department of Health (DOH) licenses physicians, osteopathic physicians, and nursing
professionals who provide care, among others, to patients with Alzheimer’s disease and other dementia-
related disorders.

The bill requires DOH, in partnership with DOEA and the Alzheimer’s Association, to provide information to
educate physicians and nursing professionals about Alzheimer’s disease and dementia-related disorders. This
effort will occur through existing public health and community outreach programs and include education on:

         •    The importance of early detection and timely diagnosis of cognitive impairment;
         •    Utilization of a validated cognitive assessment tool;
         •    The value of Medicare annual wellness visits for cognitive health;
         •    The use of the Medicare billing code for care planning for individuals with cognitive impairment;
         •    Methods to detect early warning signs of Alzheimer’s disease and other types of dementia; and,
         •    Methods to reduce the risk of cognitive decline, particularly among individuals in diverse
              communities who are at greater risk of developing Alzheimer’s disease and other types of
              dementia.

The bill has no fiscal impact on state or local government.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0627.PPH
DATE: 3/22/2021
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Alzheimer’s Disease

         Alzheimer’s disease is a form of dementia, a general term for memory loss. It is a progressive brain
         disorder that damages and eventually destroys brain cells, leading to memory loss and changes in the
         functions of the brain. Alzheimer’s disease accounts for 60 to 80 percent of dementia cases.
         Alzheimer's disease is a progressive disease in which dementia symptoms worsen gradually over time.
         In the early stages of Alzheimer’s disease, memory loss is mild; in late-stage, individuals lose the ability
         to carry on a conversation and respond to their environment. Currently, the disease has no cure, but
         treatment can temporarily slow the worsening of symptoms. 1

         There are an estimated 5.8 million people in the United States with Alzheimer’s disease, including 5.6
         million people aged 65 and older and 200,000 individuals under age 65 who have younger-onset
         Alzheimer’s disease. 2 By 2050, the number of people age 65 and older with Alzheimer’s disease in the
         U.S. is expected to nearly triple to a projected 13.8 million people. 3

         Florida has an increasing number of individuals with Alzheimer’s disease. An estimated 560,000
         Floridians have Alzheimer’s disease. 4 The projected number of Floridians with Alzheimer’s disease is
         estimated to increase by 28.6% to 720,000 individuals by 2025. 5

         Alzheimer’s Disease Initiative

         Section 430.503, F.S., creates the Alzheimer’s Disease Initiative (ADI) within the Department of Elder
         Affairs (DOEA). 6 The Alzheimer’s Disease Initiative is a statewide program that provides services to
         individuals and families affected by Alzheimer’s disease. The ADI includes the following programs: 7

                  •    Respite care and other support services for caregivers;
                  •    Memory Disorder Clinics;
                  •    Specialized Alzheimer’s Adult Day Care Centers; and
                  •    The Florida Alzheimer’s Brain Bank, which is a service- and research-oriented network of
                       regional sites which collect and study the brains of deceased dementia patients. 8




1 Alzheimer’s Association, What is Alzheimer’s?, http://www.alz.org/alzheimers_disease_what_is_alzheimers.asp (last accessed March

17, 2021).
2 Alzheimer’s Association, 2019 Alzheimer’s Disease Facts and Figures, https://www.alz.org/media/Documents/alzheimers-facts-and-

figures-2019-r.pdf (last accessed March 17, 2021).
3 Id.
4 Alzheimer’s Association, Alzheimer’s Statistics: Florida, https://alz.org/getmedia/4d0840b6-0baa-4b97-8a0e-

1775cfbf44a4/statesheet_florida (last accessed March 17, 2021).
5 Id.
6 S. 430.503(1), F.S.
7 Florida Department of Elder Affairs, Alzheimer’s Disease Initiative, http://elderaffairs.state.fl.us/doea/alz.php (last accessed March 17,

2021).
8 Florida Department of Elder Affairs, The Florida Brain Bank, http://elderaffairs.state.fl.us/doea/BrainBank/docs/BrainBank-

brochure.pdf (last accessed March 17, 2021).
STORAGE NAME: h0627.PPH                                                                                                             PAGE: 2
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                   Memory Disorder Clinics

         Section 430.502(1), F.S., designates 17 memory disorder clinics (MDCs) 9 that provide comprehensive
         assessments, diagnostic services, and treatment to individuals who exhibit symptoms of Alzheimer's
         disease and related memory disorders. The MDCs operate in 13 distinct service areas. 10
                                             MDC Service Areas and Locations 11




         MDCs also develop training programs and materials and conduct training for caregivers, respite service
         providers, and health care professionals in the care of persons with Alzheimer's disease and related
         memory disorders. 12 In addition, MDCs conduct service-related research projects through model day
9 S. 430.502(1), F.S.
10 Florida Department of Elder Affairs, Summary of Programs and Services 2019, available at

http://elderaffairs.state.fl.us/doea/pubs/pubs/sops2019/2019_SOPS_A.pdf (last accessed March 17, 2021).
11 Id.
12 Supra note 7.

STORAGE NAME: h0627.PPH                                                                                   PAGE: 3
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         care programs and respite care programs. 13 MDCs are established at medical schools, teaching
         hospitals, and public and private not-for-profit hospitals throughout the state in accordance with s.
         430.502, F.S. MDCs served 9,753 clients in 2017-2018. 14

         Purple Ribbon Task Force and Alzheimer’s Disease State Plan

         Chapter 2012-172, Laws of Florida, created the Purple Ribbon Task Force. The task force was
         composed of 18 members with 6 members appointed by the Governor, 6 members appointed by the
         Speaker of the House of Representatives, and 6 members appointed by the President of the Senate. 15

         The law required the task force to conduct an interim study regarding Alzheimer’s disease in the state
         and directed the Task Force to: 16

                    •   Assess the current and future impact of Alzheimer’s disease on the state;
                    •   Examine existing industries, services, and resources that address the needs of persons with
                        Alzheimer’s disease;
                    •   Develop a strategy to mobilize a state response to Alzheimer’s disease; and
                    •   Gather information on state trends and policy regarding Alzheimer’s disease.

         Additionally, the law required the task force to submit a report in the form of an Alzheimer’s disease
         state plan. 17 The 2013 completed report by the task force is the State Plan on Alzheimer’s Disease and
         Related Forms of Dementia. 18 The state report included the task force’s findings and recommendations.
         Upon submission of this report, pursuant to law, the Purple Ribbon Task Force terminated.

         Current law requires DOEA to review and update the Alzheimer’s disease state plan every three years.
         The state plan must include an assessment of the current and future impact of Alzheimer’s disease, an
         examination of existing resources available to persons living with Alzheimer’s disease, and other
         information regarding Alzheimer’s disease trends and policies in the state. 19

         Alzheimer’s Disease Advisory Committee

         Section 430.501, F.S., establishes the Alzheimer’s Disease Advisory Committee (Committee) to advise
         DOEA on legislative, programmatic, and administrative matters regarding individuals with Alzheimer’s
         disease and their caretakers. The committee is established within DOEA and composed of 11
         members appointed by the Governor, 2 members appointed by the Senate President (one of which
         must be a sitting Senator), and 2 members appointed by the Speaker of the House of Representatives
         (one of which must be a sitting Representative). 20 The Governor’s appointments must reflect the
         following representation: 21

                    •   At least four members must be persons licensed pursuant to ch. 458 or 459, F.S., or hold a
                        Ph.D. degree and be currently involved in research on Alzheimer’s disease;
                    •   At least four persons who have been caregivers of victims of Alzheimer’s disease; and
                    •   Whenever possible, a gerontologist, a geriatric psychiatrist, a geriatrician, a neurologist, a
                        social worker, and a registered nurse.

         Committee members are appointed to four-year staggered terms. The chair is elected by the
         Committee and serves a one-year term. The Committee may establish subcommittees as necessary to
         carry out the functions of the Committee. Currently, the Committee has four standing subcommittees

13 Id.
14 Supra note 10.
15 Ch. 2012-172, Laws of Fla.
16 Id.
17 Id.
18 Florida Department of Elder Affairs, Purple Ribbon Task Force State Plan on Alzheimer’s Disease and Related Forms of Dementia,

https://www.alz.org/media/Documents/florida-state-plan-august-2013.pdf (last accessed March 17, 2021).
19 S. 430.501, F.S.
20 Id.
21 Id.

STORAGE NAME: h0627.PPH                                                                                                    PAGE: 4
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         regarding clinical services, home- and community-based care, education and research, and legislative
         advocacy. 22

         The Committee is required to submit an annual report to the Governor, the President of the Senate, the
         Speaker of the House of Representatives, and the Secretary of Elder Affairs by September 1 of each
         year. The report must include recommendations on Alzheimer’s disease policy, all state-funded
         Alzheimer’s disease efforts, and proposed updates to the Alzheimer’s disease state plan.

         DOEA must use the report submitted by the Committee and collaborate with other organizations and
         professionals when updating the state plan. DOEA must submit the updated state plan every three
         years, beginning November 1, 2020, to the Governor, the President of the Senate, and the Speaker of
         the House of Representatives.

         Dementia Care and Cure Initiative

         The DOEA announced the Dementia Care and Cure Initiative (DCCI) in 2015 to engage communities
         across the state to be more dementia-caring, promote better care for Floridians affected by dementia,
         and support research efforts to find a cure. In collaboration with Florida’s 11 Area Agencies on Aging
         and 17 memory disorder clinics, participating DCCI communities organize task forces consisting of
         community professionals and stakeholders who work to bring about education, awareness of, and
         sensitivity regarding the needs of those affected by dementia. 23

         Health Care Licensure in Florida

         Chapter 458, F.S., governs licensure and regulation of the practice of medicine by the Florida Board of
         Medicine in conjunction with Florida Department of Health (DOH). Physicians holding a Doctor of
         Medicine (M.D.) degree are licensed under this chapter.

         Chapter 459, F.S., provides for the licensure and regulation of the practice of medicine by the Florida
         Board of Osteopathic Medicine in conjunction with DOH. Osteopathic Physicians holding a Doctor of
         Osteopathic Medicine (D.O.) are licensed under this chapter.

         Chapter 464, F.S., provides for the licensure and regulations of the practice of nursing by the Florida
         Board of Nursing in conjunction with DOH. Individuals licensed under this chapter include registered
         nurses (RN), advanced practice registered nurses (APRN), licensed practical nurses (LPN), and
         certified nursing assistants (CNA).

         Medicare Program

         Medicare is a federal health insurance program for people 65 or older, people under 65 with certain
         disabilities, and people of any age with end-stage renal disease (permanent kidney failure requiring
         dialysis or a kidney transplant). 24 The program is administered by the Centers for Medicare and
         Medicaid Services in the U.S. Department of Health and Human Services.

         Medicare will pay for some services during every stage of Alzheimer’s disease and dementia care,
         such as: 25

                  •    Cognitive assessments;
                  •    Home safety evaluations

22 Alzheimer’s Disease Advisory Committee, 2009-2016 Summary of Accomplishments,

http://elderaffairs.state.fl.us/doea/alz/ADI_Accomplishments.pdf (last accessed March 18, 2021).
23 Department of Elder Affairs, Dementia Care and Cure Initiative, http://elderaffairs.state.fl.us/doea/dcci.php (last accessed March 18,

2021).
24 Medicare.gov, What’s Medicare, https://www.medicare.gov/what-medicare-covers/your-medicare-coverage-choices/whats-medicare

(last accessed March 3, 2021).
25 Centers for Medicare and Medicaid Services, Medicare and Medicaid Benefits for People with Dementia, August 2017,

https://www.cms.gov/Outreach-and-Education/American-Indian-Alaska-Native/AIAN/Downloads/Medicare-and-Medicaid-Benefits-for-
People-with-Dementia.pdf (last accessed March 18, 2021).
STORAGE NAME: h0627.PPH                                                                                                           PAGE: 5
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               •   Planning for care;
               •   Hospital stays; and,
               •   Prescription drugs — Medicare Part D pays a portion of drug costs for individuals diagnosed
                   with dementia.

       Effect of Proposed Changes

       The bill requires the DOH, in collaboration with the DOEA and the Alzheimer’s Association, to use
       existing resources to educate physicians and nursing professionals on a range of topics related to the
       diagnosis and treatment of Alzheimer’s disease and dementia-related disorders. The information
       provided to practitioners must include education on:

               •   The importance of early detection and timely diagnosis of cognitive impairment;
               •   Utilization of a validated cognitive assessment tool;
               •   The value of Medicare annual wellness visits for cognitive health;
               •   The use of the Medicare billing code for care planning for individuals with cognitive
                   impairment;
               •   Methods to detect early warning signs of Alzheimer’s disease and other types of dementia;
                   and,
               •   Methods to reduce the risk of cognitive decline, particularly among individuals in diverse
                   communities who are at greater risk of developing Alzheimer’s disease and other types of
                   dementia.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 381.825, F.S.; relating to Alzheimer’s disease and dementia-related disorders
                  education.
       Section 2: Provides an effective date of July 1, 2021.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:

STORAGE NAME: h0627.PPH                                                                                 PAGE: 6
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       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       No rule-making authority is necessary to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0627.PPH                                                                          PAGE: 7
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           HB 627                                                                                                2021




    1                                         A bill to be entitled
    2               An act relating to Alzheimer's disease and dementia-
    3               related disorders education; creating s. 381.825,
    4               F.S.; requiring the Department of Health, in
    5               partnership with the Department of Elderly Affairs and
    6               the Alzheimer's Association, to provide specified
    7               information relating to creating awareness about
    8               Alzheimer's disease and dementia-related disorders to
    9               certain licensed health care providers; providing an
10                  effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                  Section 1.        Section 381.825, Florida Statutes, is created
15         to read:
16                  381.825      Alzheimer's disease and dementia-related disorders
17         education.—The Department of Health, in partnership with the
18         Department of Elderly Affairs and the Alzheimer's Association,
19         shall provide, through existing, relevant public health and
20         community outreach programs, information to educate health care
21         providers licensed under chapter 458, chapter 459, or chapter
22         464 on the following:
23                  (1)     The importance of early detection and timely diagnosis
24         of cognitive impairment.
25                  (2)     Use of a validated cognitive assessment tool.

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        HB 627                                                                                                2021




26               (3)     The value of a Medicare annual wellness visit for
27      cognitive health.
28               (4)     Use of the Medicare advance care planning billing code
29      for persons with cognitive impairment.
30               (5)     An increased understanding and awareness of early
31      warning signs of Alzheimer's disease and dementia-related
32      disorders.
33               (6)     Reducing the risk of cognitive decline, particularly
34      among persons in diverse communities who are at greater risk of
35      developing Alzheimer's disease and dementia-related disorders.
36               Section 2.        This act shall take effect July 1, 2021.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0627-00
HB 631
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 631 Optometry
SPONSOR(S): Rizo
TIED BILLS:       IDEN./SIM. BILLS:                      SB 876

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Health & Human Services Committee

                                             SUMMARY ANALYSIS
Optometrists examine, diagnose, treat, and manage diseases and injuries of the visual system as well as
identify systemic conditions which affect visual health. Optometrists are regulated under ch. 463, F.S., by the
Board of Optometry (Board) within the Department of Health (DOH). Optometrists may prescribe certain ocular
medications listed in law or established in a formulary by the Board, but may not perform certain surgical
procedures using an instrument, including a laser, scalpel, or needle.

HB 613 creates a new category for certification of licensed optometrists, “optometrist certified in ophthalmic
procedures,” which authorizes the performance of board-approved laser and non-laser ophthalmic procedures
and therapy.

The bill repeals the statutory formulary that specifies the oral ocular pharmaceutical agents a certified
optometrist may administer or prescribe and the prohibition on administering or prescribing certain drugs for
more than 72 hours, expanding the types of drugs certified optometrist may administer or prescribe. Instead,
the Board is required to create a negative formulary consisting of ocular pharmaceutical agents that a certified
optometrist may not administer or prescribe. The bill also repeals the requirement that certified optometrists
complete a board-approved course and examination in order to administer and prescribe oral ocular
pharmaceutical agents.

The bill prohibits a certified optometrist from administering or prescribing Schedule II controlled substances
except for oral analgesics for pain relief of the eye and its appendages. Current law allows this exception for
Schedule III, IV, and V controlled substances.

The bill requires the Board to adopt rules relating to the performance of laser and non-laser ophthalmic
procedures and therapies, the scope of the practice of optometry, and the required content, grading criteria,
and passing scores for the optometry licensure examination.

The bill has an insignificant, negative fiscal impact to DOH which can be absorbed within current resources.

The bill has no fiscal impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0631.PPH
DATE: 3/22/2021
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Optometrists and Ophthalmologists

         Optometrists examine, diagnose, treat, and manage diseases and injuries of the visual system as well
         as identify systemic conditions which affect visual health. Optometrists are regulated under ch. 463,
         F.S., by the Board of Optometry (Board) within DOH. The Board is composed of seven members
         appointed by the Governor and confirmed by the Senate. Five members must be licensed practitioners
         actively participating in this state and the two reaming members must be citizens of the state that are
         not and have never been licensed practitioners. 1

         Optometrist training involves an undergraduate degree and completion of a 4-year program at a college
         of optometry. Some optometrists complete residencies to gain more specialized knowledge, but
         residency training is not required for licensure or practice. 2

         Ophthalmologists are medical doctors who specialize in diseases of the eye. Ophthalmologists provide
         a full spectrum of eye care, from prescribing corrective lenses and medications to performing eye
         surgery. Ophthalmologists also care for patients with more advanced and complicated diseases than
         optometrists. Ophthalmologists are regulated under ch. 458 and 459, F.S., by the Board of Medicine
         and the Board of Osteopathic Medicine within DOH. Ophthalmologist training involves an
         undergraduate degree, 4 years of medical school, and completion of at least 4 years of residency
         training in ophthalmology. 3

         The American Council for Graduate Medical Education (ACGME) 4 requires each opthamologist
         resident to perform a minimum number of certain surgeries before he or she may graduate from the
         program. Residents must perform the following minimum number of surgeries: 5

                               Cataract                                                        86
                               Laser Surgery- YAG Capsulotomy                                   5
                               Laser Surgery - Laser Trabeculoplasty                            5
                               Laser Surgery – Laser Iridotomy                                  4
                               Laser Surgery – Panretinal Laser Photocoagulation               10
                               Keratoplasty                                                     5
                               Pterygium/Conjunctival and other cornea                          3
                               Keratorefractive Surgery                                         6
                               Strabismus                                                      10
                               Glaucoma – Filtering/Shunting Procedures                         5
                               Retinal Vitreous                                                10
                               Intravitreal Injection                                          10
                               Oculoplastic and orbit– Total                                   28
                               Oculoplastic and orbit – Eyelid Laceration                       3
                               Oculoplastic and orbit – Chalazia Excision                       3
                               Oculoplastic and orbit – Ptosis/Blepharoplasty                   3

1 Section 463.003, F.S.
2 American Optometric Association, What is a Doctor of Optometry?, http://www.aoa.org/about-the-aoa/what-is-a-doctor-of-

optometry?sso=y (last visited March 17, 2021).
3 American Academy of Ophthalmology, What is an Ophthalmologist?, https://www.aao.org/eye-health/tips-prevention/what-is-

ophthalmologist (last visited March 17, 2021).
4 ACGME sets standards for and accredits US graduate medical education (residency and fellowship) programs. Available at:

http://www.acgme.org/What-We-Do/Overview (last visited March 17, 2021).
5 ACGME Review Committee for Ophthalmology, Frequently Asked Questions,

https://www.acgme.org/Portals/0/PDFs/FAQ/240_ophthalmology_FAQs.pdf (last visited March 17, 2021).
STORAGE NAME: h0631.PPH                                                                                                     PAGE: 2
DATE: 3/22/2021
                            Globe Trauma – Total                                 4
         ACGME resident case logs between 2015 and 2016 showed that the average resident performed 183
         cataract surgeries, 13.4 glaucoma surgeries, and 107.6 laser surgeries.

         Florida law requires optometrists diagnosing a patient with certain diseases to refer such patients to
         “physician skilled in the diseases of the eye” (ophthalmologists) for further treatment. 6 Additionally, an
         optometrist must promptly advise a patient to seek an evaluation by an ophthalmologist for diagnosis
         and possible treatment whenever the optometrist is informed by the patient of the sudden onset of
         spots or “floaters” with loss of all or part of the visual field. 7 Optometrists must maintain the names of at
         least three physicians, clinics, or hospitals to which they may refer patients who experience adverse
         drug reactions. 8

         Five states, Alaska, Arkansas, Kentucky, Louisiana, and Oklahoma allow optometrists to perform
         surgical procedures. 9 Oklahoma has allowed optometrists to perform surgical procedures since 1988. 10
         Oklahoma requires passage of the Laser Therapy for the Anterior Segment Course offered by
         Northeastern State University to become a licensed optometrist. 11 The course consists of 9 hours of
         lectures and 4 hours of laboratory sessions with hands-on training. 12

         Between 1988 and 1998, 5,000 laser surgeries were performed by optometrists in Oklahoma. 13 A
         review by the Oklahoma Board of Examiners in Optometry of the outcomes of those surgeries found
         that negative outcome rates ranged between 0.5%-1.5% and were the same as those of surgeries
         performed by ophthalmologists in Oklahoma. 14 Since 1998, 25,000 anterior laser surgeries have been
         performed by optometrists in Oklahoma and the Oklahoma Board of Examiners in Optometry has not
         received any complaints regarding those surgeries. 15

         A 2016 peer-reviewed study that analyzed the outcomes for laser glaucoma surgeries between 2008
         and 2013 in Oklahoma found that patients were nearly twice as likely to need additional treatment when
         the procedure was performed by an optometrist as compared to an ophthalmologist. 16 The study also
         found there was a 189% increased risk of needing additional treatment in the eye that had been treated
         when the procedure was performed by an optometrist as compared to an ophthalmologist.17




6 Diagnoses which mandate a referral to an ophthalmologist include angle closure glaucoma, congenital or infantile glaucoma, and

infectious corneal diseases that are unresponsive to standard treatment. Section 463.0135, F.S.
7 Section 463.0135(4), F.S.
8 Section 463.0135(8), F.S.
9 National Conference of State Legislatures, Optometrist Scope of Practice, https://www.ncsl.org/research/health/optometrist-scope-of-

practice.aspx (last visited on March 17, 2021). In September 2020, the Arkansas Supreme Court ruled to disqualify Arkansas Issue 6,
the Practice of Optometry Referendum, from the 2020 general election ballot, allowing optometrists to continue to perform a range of
surgeries. See Arkansas Democrat Gazette, Ruling Keeps Question on Eye Surgery off State Ballot,
https://www.arkansasonline.com/news/2020/sep/18/ruling-keeps-question-on-eye-surgery-off-ballot/ (last visited March 17, 2021).
10 Testimony of Dr. April Jasper, former President of the Florida Optometric Association, on file with Professions and Public Health

Subcommittee staff.
11 Oklahoma Board of Examiners, Licensing, https://optometry.ok.gov/licensing.htm (last visited March 17, 2021).
12 Stein, J.D., et. al. Comparison of Outcomes of Laser Trabeculoplasty Performed by Optometrists vs. Ophthalmologists in Oklahoma.

JAMA Ophthalmol. 2016;134(10):1095-1101.
13 Supra, note 10.
14 Id.
15 Id.
16 Supra, note 12.
17 Id.
18 Id.

STORAGE NAME: h0631.PPH                                                                                                        PAGE: 3
DATE: 3/22/2021
                                           Laser Glaucoma Surgery Outcomes in Oklahoma18

                                                                       Probability of 1 or more     Probability of 1 or
                                 Number of
                                                Number of eyes that      additional surgeries        more additional
                                 eyes that
            Provider                            received 1 or more      performed during 10        surgeries performed
                               received laser
                                                additional surgeries       days after initial     11-30 days after initial
                                  surgery
                                                                               surgery                   surgery

        Ophthalmologist             1150             174 (15%)                    0                        1.1%

          Optometrist                234            84 (35.9%)                  0.4%                      10.3%


         Optometrist Prescribing Authority in Florida

         Currently, Florida law allows licensed optometrists to administer and prescribe drugs under limited
         circumstances. Licensed optometrists may only use topical anesthetics for glaucoma examinations,
         unless the licensed optometrist is also a certified optometrist. 19 Certified optometrists may administer
         and prescribe topical or oral ocular pharmaceutical agents for the diagnosis and treatment of ocular
         conditions of the human eye and its appendages without the use of surgery or other invasive
         techniques. 20

         To be certified by the board to administer and prescribe topical ocular pharmaceuticals, a licensed
         optometrist must be complete at least 110 hours of board approved coursework and training and one
         year of supervised experience in differential diagnosis of eye diseases or disorders. 21 Certified
         optometrists that also wish to administer and prescribe oral ocular pharmaceutical agents must also
         complete a board-approved 20-hour course and examination on general and ocular pharmaceutical
         agents and their side effects. 22 If a certified optometrist does not complete the course and examination,
         he or she may only administer or prescribe topical ocular pharmaceutical agents as established by
         board rule. 23

         The oral ocular pharmaceutical agents a certified optometrist may administer or prescribe are specified
         in a statutory formulary. 24 The agents include seven antibiotics and three antivirals: 25

                  •    Amoxicillin with or without clavulanic acid;
                  •    Azithromycin;
                  •    Erythromycin;
                  •    Dicloxacillin;
                  •    Doxycycline/Tetracycline;
                  •    Keflex; and
                  •    Minocycline.
                  •    Acyclovir;
                  •    Famciclovir; and
                  •    Valacyclovir.




         Current law prohibits a certified optometrist from administering or prescribing certain drugs for more
         than 72 hours, including two analgesics and two anti-glaucoma agents: 26

              •    Tramadol hydrochloride; and

19 Section 453.0055(1)(a), F.S.; Chapter No. 2013-26,L.O.F.
20 Ss. 463.0055(1)(a) and 463.002(4), F.S.
21 Rule 64B13-10.001, F.A.C.
22 Section 463.0055, F.S.
23 Rule 64B13-18.002, F.A.C.
24 Section 463.0055(3), F.S.
25 Section 463.0055(3)(b), F.S.
26 Section 463.0055(3)(a), (c), (d) F.S.

STORAGE NAME: h0631.PPH                                                                                                  PAGE: 4
DATE: 3/22/2021
             •    Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.
             •    Acetazolamide; and
             •    Methazolamide.

         Any oral ocular pharmaceutical agent listed in the statutory formulary which is subsequently determined
         by the U.S. Food and Drug Administration to be unsafe for the administration or prescription is
         considered to have been deleted from the statutory formulary. 27

         The statutory formulary prohibits the administration or prescription of a controlled substance listed in
         Schedule III 28, Schedule IV 29, or Schedule V30 of s. 893.03, F.S., except for the oral analgesics
         specified in the statutory formulary for the relief of pain due to ocular conditions of the eye and its
         appendages, or a controlled substance for the treatment of chronic nonmalignant pain. 31

         As of February 2021, there are 3,855 licensed certified optometrists and 91 non-certified optometrists in
         this state. 32 Since July 1, 1993, graduates of accredited schools of optometry have been considered
         certified optometrists as the curriculum changed to include specific training on administering and
         prescribing ocular pharmaceutical agents. 33 There are currently 51 optometrists in this state licensed
         before July 1, 1993 that are not certified. 34

         Optometrist Scope of Practice in Florida

         Optometrists may prescribe certain medications, vision therapy, and corrective lenses, but may not
         perform surgical procedures in Florida. 35 Florida law defines surgery as a procedure using an
         instrument, including a laser, scalpel, or needle, in which human tissue is cut, burned, scraped, or
         vaporized by incision, injection, ultrasound, laser, infusion, cryotherapy, or radiation and also includes a
         procedure using an instrument which requires the closure of human tissue by suture, clamp, or a
         similar device. 36 However, certified optometrists that are authorized to administer or prescribe certain
         medication, may perform the following optometric practices 37:

             •    Performing an eye examination, including a dilated examination, if required or authorized under
                  laws related to pugilistic exhibitions; 38
             •    Removing an eyelash by epilation;
             •    Probing an uninflamed tear duct in a patient 18 years of age or older;
             •    Blocking the puncta by plug;
             •    Performing a superficial scraping to remove damaged epithelial tissue or superficial foreign
                  bodies or take a culture of the surface of the cornea or conjunctiva; and
             •    Using commonly accepted means or methods to immediately address incidents of anaphylaxis.

         Effect of Proposed Changes

27 Id.
28 Section 893.03(3), F.S. defines a Schedule II substance as a substance that has a potential for abuse less than the substances

contained in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance
may lead to moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to
physical damage.
29 Section 893.03(4) defines a Schedule IV substance as a substance that has a low potential for abuse relative to the substances in

Schedule III and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to
limited physical or psychological dependence relative to the substances in Schedule III.
30 Section 893.03(5), F.S. defines a Schedule V substance, compound, mixture or preparation that has a low potential for abuse relative

to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse of such
compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV.
31 Chronic nonmalignant pain is defined in section 456.44, F.S., as pain unrelated to cancer which persists beyond the usual course of

disease or the injury that is the cause of the pain or more than 90 day after surgery.
32 Department of Health, Agency Analysis of 2021 House Bill 631, p. 2 (March 5, 2021).
33 Id at p. 2.
34 Id.
35 Section 463.014(4), F.S.
36 Section 463.002(6), F.S.
37 Section 463.014(4), F.S.
38 Ch. 548, F.S.

STORAGE NAME: h0631.PPH                                                                                                        PAGE: 5
DATE: 3/22/2021
       HB 613 repeals the prohibition on performing surgery, authorizes certified optometrists to perform laser
       and non-laser ophthalmic procedures, and expands the prescriptive authority of certified optometrists.
       The bill creates a new category for certification of licensed optometrists, “optometrist certified in
       ophthalmic procedures,” which authorizes the performance of board-approved laser and non-laser
       ophthalmic procedures and therapy.

       Optometrist Prescribing Authority

       The bill repeals the requirement that certified optometrists complete a board-approved 20-hour course
       and examination on general and ocular pharmaceutical agents and their side effects in order to
       administer and prescribe oral ocular pharmaceutical agents, allowing certified optometrists to
       administer and prescribe such agents without completing board-approved courses.

       The bill prohibits a certified optometrist from administering or prescribing Schedule II controlled
       substances except for oral analgesics for pain relief of the eye and its appendages. The bill also
       repeals the statutory formulary that specifies the oral ocular pharmaceutical agents a certified
       optometrist may administer or prescribe and the prohibition on administering or prescribing certain
       drugs for more than 72 hours. Instead, the bill requires the Board to create a negative formulary
       consisting of ocular pharmaceutical agents that a certified optometrist may not administer or prescribe.
       This expands the types of drugs certified optometrist may administer or prescribe.

       Optometrist Scope of Practice

       The bill repeals the prohibition on performing surgery, allowing optometrists to perform surgical
       procedures.

       The bill creates a new certification category for licensed optometrists, “optometrist in ophthalmic
       procedures.” The bill requires a licensed optometrist successfully complete a board-approved course
       and examination to become an optometrist certified in ophthalmic procedures. The bill allows
       optometrists certified in ophthalmic procedures to perform board-authorized laser and non-laser
       ophthalmic procedures. The bill prohibits such optometrists from performing ophthalmic procedures or
       therapy that requires preoperative medication or drug-induced alteration of consciousness. However,
       an optometrist certified in ophthalmic procedures may use medication for minimal tranquilization of the
       patient and local or topical anesthesia if the chances of complications requiring hospitalization of the
       patient are remote.

       The bill also specifies certain ophthalmic procedures that optometrists certified in ophthalmic
       procedures are prohibited from performing, including:

           •   Laser vision correction, penetrating keratoplasty, and corneal or lamellar keratoplasty;
           •   Laser of the vitreous chamber or retina of the eye to treat any vitreomacular or retinal disease;
           •   Surgery of the eyelid for suspected eyelid malignancies or for incisional cosmetic or mechanical
               repair of blepharochalasis, ptosis, or tarsorrhaphy;
           •   Surgery of the boney orbit, including, but not limited to, orbital implants or removal of the human
               eye;
           •   Incisional or excisional surgery of the lacrimal system other than lacrimal probing or related
               procedures;
           •   Surgery requiring full thickness incision or excision of the cornea or sclera other than
               paracentesis in an emergency situation requiring immediate reduction of elevated pressure
               inside the eye;
           •   Surgery requiring incision or excision by scalpel of the iris and ciliary body, including, but not
               limited to, iris diathermy or cryotherapy;
           •   Surgery requiring incision or excision of the vitreous or retina;
           •   Surgery requiring incision or excision of the crystalline lens or an intraocular prosthetic implant;
           •   Surgery involving incision or excision of the extraocular muscles;
           •   Surgery requiring full thickness conjunctivoplasty with graft or flap;
STORAGE NAME: h0631.PPH                                                                                     PAGE: 6
DATE: 3/22/2021
             •   Pterygium surgery; and
             •   Any other procedure or therapy the board deems appropriate.

        Board Authority

        The bill requires the Board of Optometry to adopt rules relating to:

            •    Laser and non-laser ophthalmic procedures and therapies an optometrist certified in ophthalmic
                 procedures may perform;
            •    The scope of the practice of optometry consistent with its practice act; and
            •    The required content, grading criteria, and passing scores for the optometry licensure
                 examination.

        The bill requires five members of the Board to be certified optometrists or optometrists certified in
        ophthalmic procedures. This may require new appointments to the Board if the current members do not
        meet such requirements.

        The bill makes conforming changes.

        The bill provides an effective date of July 1, 2021.

    B. SECTION DIRECTORY:
        Section 1: Amends s. 463.002, F.S., relating to definitions.
        Section 2: Amends s. 463.003, F.S., relating to board of optometry.
        Section 3: Amends s. 463.005, F.S., relating to authority of the board.
        Section 4: Amends s. 463.0055, F.S., relating to administration and prescription of ocular
                   pharmaceutical agents.
        Section 5: Creates s. 463.0056, F.S., relating to ophthalmic procedures.
        Section 6: Amends s. 463.0057, F.S., relating to optometric faculty certificate.
        Section 7: Amends s. 463.006, F.S., relating to licensure and certification by examination.
        Section 8: Amends s. 463.0135, F.S., relating to standards of practice.
        Section 9: Amends s. 463.014, F.S., relating to certain acts prohibited.
        Section 10: Amends s. 463.009, F.S., relating to supporting personnel.
        Section 11: Amends s. 641.31, F.S., relating to health maintenance contracts.
        Section 12: Provides an effective date of July 1, 2021.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.


        2. Expenditures:
            DOH will experience an increase in workload relating to rulemaking and technology updates to
            implement the bill, which current resources are adequate to absorb. 39

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

39 Supra, note 32 at p. 6.
STORAGE NAME: h0631.PPH                                                                                  PAGE: 7
DATE: 3/22/2021
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       An optometrist may experience an increase in expenditures if he or she enrolls in the required board-
       approved course and sits for the examination in order to become certified in ophthalmic procedures.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          The bill requires the Board of Optometry to adopt rules relating to the scope of practice of optometry
          consistent with ch. 463, F.S., which is potentially an unlawful delegation of legislative authority.

   B. RULE-MAKING AUTHORITY:
       The bill provides sufficient rulemaking to implement the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0631.PPH                                                                                   PAGE: 8
DATE: 3/22/2021
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           HB 631                                                                                                2021




    1                                         A bill to be entitled
    2               An act relating to optometry; reordering and amending
    3               s. 463.002, F.S.; revising and defining terms;
    4               amending s. 463.003, F.S.; revising the member
    5               composition requirements for the Board of Optometry;
    6               revising applicability; amending s. 463.005, F.S.;
    7               revising specified rules the board must adopt;
    8               amending s. 463.0055, F.S.; revising circumstances
    9               under which a certified optometrist may administer or
10                  prescribe ocular pharmaceutical agents; deleting
11                  requirements a certified optometrist must satisfy to
12                  administer or prescribe ocular pharmaceutical agents;
13                  requiring the board to adopt a negative formulary of
14                  ocular pharmaceutical agents certified optometrists
15                  are prohibited from administering or prescribing;
16                  deleting provisions relating to the topical and oral
17                  ocular pharmaceutical agent formularies established by
18                  the board; requiring the board to mail a copy of the
19                  negative formulary to all certified optometrists and
20                  licensed pharmacies under certain circumstances;
21                  revising the controlled substances that certified
22                  optometrists are prohibited from administering or
23                  prescribing; creating s. 463.0056, F.S.; authorizing
24                  certain certified optometrists to perform laser and
25                  non-laser ophthalmic procedures and therapies under

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        HB 631                                                                                                2021




26               certain circumstances; providing certification
27               requirements certified optometrists must satisfy to
28               perform such procedures and therapies; requiring the
29               board to approve the courses and examinations to be
30               used for certification if certain conditions are met;
31               requiring the board to review and approve the
32               examination annually if certain conditions are met;
33               authorizing certified optometrists to use the board-
34               approved course and examination to satisfy their
35               continuing education requirements under certain
36               circumstances; prohibiting a certified optometrist who
37               does not complete such course and examination from
38               performing certain ophthalmic procedures; specifying
39               ophthalmic procedures that are excluded from the scope
40               of practice of optometry, with an exception; amending
41               s. 463.0057, F.S.; conforming a provision to changes
42               made by the act; amending s. 463.006, F.S.; conforming
43               provisions to changes made by the act; requiring the
44               board to determine the required content, grading
45               criteria, and passing score for the licensure
46               examination for certified optometrists; making
47               technical changes; amending s. 463.0135, F.S.;
48               authorizing certified optometrists to remove
49               superficial foreign bodies; defining the term
50               "superficial foreign bodies"; specifying circumstances

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        HB 631                                                                                                2021




51               under which optometrists may perform procedures within
52               the practice of optometry which may otherwise be
53               considered surgery; requiring licensed practitioners
54               who are not certified optometrists to display in their
55               practices a sign containing specified information;
56               amending s. 463.014, F.S.; deleting a prohibition on
57               surgery performed by certified optometrists to conform
58               to changes made by the act; amending ss. 463.009 and
59               641.31, F.S.; conforming cross-references; providing
60               an effective date.
61
62      Be It Enacted by the Legislature of the State of Florida:
63
64               Section 1.        Section 463.002, Florida Statutes, is reordered
65      and amended to read:
66               463.002      Definitions.—As used in this chapter, the term:
67               (2)(1)      "Board" means the Board of Optometry.
68               (5)(2)      "Department" means the Department of Health.
69               (8)(3)(a)        "Licensed practitioner" means a person who is a
70      primary health care provider licensed to engage in the practice
71      of optometry under the authority of this chapter. With respect
72      to persons initially licensed under this chapter after July 1,
73      1993, the term includes only certified optometrists.
74               (b)     A licensed practitioner who is not a certified
75      optometrist shall be required to display at her or his place of

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         HB 631                                                                                                2021




76       practice a sign which states, "I am a Licensed Practitioner, not
77       a Certified Optometrist, and I am not able to prescribe ocular
78       pharmaceutical agents."
79                (c)     All practitioners initially licensed after July 1,
80       1993, must be certified optometrists.
81                (3)(4)      "Certified optometrist" or "certified optometric
82       physician" means a licensed practitioner authorized by the board
83       to administer and prescribe ocular pharmaceutical agents.
84                (9)(5)      "Ocular pharmaceutical agent" means a
85       pharmaceutical agent that is administered or prescribed
86       topically or orally for the diagnosis or treatment of ocular
87       conditions of the human eye and its appendages without the use
88       of surgery or other invasive techniques.
89                (13)(6)      "Surgery" means a procedure using an instrument,
90       including a laser, scalpel, or needle, in which human tissue is
91       cut, burned, scraped except as provided in s. 463.0135(12) s.
92       463.014(4), or vaporized, by incision, injection, ultrasound,
93       laser, infusion, cryotherapy, or radiation. The term includes a
94       procedure using an instrument which requires the closure of
95       human tissue by suture, clamp, or other such device.
96                (11)(7)      "Optometry" means the diagnosis, evaluation,
97       treatment, and management of conditions of the human eye and its
98       appendages, including any visual, muscular, neurological, or
99       anatomical anomalies and chronic systemic conditions relating to
100      the eye; the determination of the refractive powers of the human

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101      eye; and the prescribing and employment of any objective or
102      subjective means or methods, including the administration of
103      ocular pharmaceutical agents, contact lenses, spectacle lenses,
104      magnification lenses, vision therapy, low vision rehabilitation
105      devices, and ophthalmic procedures and therapy, for the
106      diagnosis, evaluation, correction, remedy, treatment,
107      management, or relief of any insufficiency, anomaly,
108      abnormality, or disease condition relating to the human eye or
109      its appendages for the purpose of determining the refractive
110      powers of the human eyes, or any visual, muscular, neurological,
111      or anatomic anomalies of the human eyes and their appendages;
112      and the prescribing and employment of lenses, prisms, frames,
113      mountings, contact lenses, orthoptic exercises, light
114      frequencies, and any other means or methods, including ocular
115      pharmaceutical agents, for the correction, remedy, or relief of
116      any insufficiencies or abnormal conditions of the human eyes and
117      their appendages.
118               (6)(8)      "Direct supervision" means supervision to an extent
119      that the licensee remains on the premises while all procedures
120      are being done and gives final approval to any procedures
121      performed by an employee.
122               (7)(9)      "General supervision" means the responsible
123      supervision of supportive personnel by a licensee who need not
124      be present when such procedures are performed, but who assumes
125      legal liability therefor. Except in cases of emergency, "general

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126      supervision" shall require the easy availability or physical
127      presence of the licensee for consultation with and direction of
128      the supportive personnel.
129               (1)(10)       "Appendages" means the eyelids, the eyebrows, the
130      conjunctiva, and the lacrimal apparatus.
131               (14)(11)          "Transcript-quality" means a course that which is
132      in conjunction with or sponsored by a school or college of
133      optometry or equivalent educational entity, which course is
134      approved by the board and requires a test and passing grade.
135               (4)(12)       "Clock hours" means the actual time engaged in
136      approved coursework and clinical training.
137               (10)        "Optometrist certified in ophthalmic procedures"
138      means a certified optometrist who is authorized under s.
139      463.0056 to perform board-approved laser and non-laser
140      ophthalmic procedures and therapy in accordance with that
141      section.
142               (12)        "Refraction" means the use of lenses and ocular
143      pharmaceutical agents during the course of a comprehensive
144      medical eye examination to determine a patient's visual,
145      neurological, and physical requirements to attain optimal visual
146      and perceptual performance.
147               Section 2.         Subsections (2) and (4) of section 463.003,
148      Florida Statutes, are amended to read:
149               463.003        Board of Optometry.—
150               (2)     Five members of the board must be certified

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151      optometrists or optometrists certified in ophthalmic procedures
152      licensed practitioners actively practicing in this state. The
153      remaining two members must be citizens of this the state who are
154      not, and have never been, licensed practitioners and who are in
155      no way connected with the practice of optometry or with any
156      vision-oriented profession or business. At least one member of
157      the board must be 60 years of age or older.
158               (4)     All applicable provisions of chapter 456 relating to
159      activities of regulatory boards which do not conflict with this
160      chapter shall apply.
161               Section 3.        Subsection (1) of section 463.005, Florida
162      Statutes, is amended to read:
163               463.005      Authority of the board.—
164               (1)     The Board of Optometry shall has authority to adopt
165      rules pursuant to ss. 120.536(1) and 120.54 to implement the
166      provisions of this chapter conferring duties upon it. Such rules
167      must shall include, but need not be limited to, rules relating
168      to all of the following:
169               (a)     Standards of practice, including, but not limited to,
170      those provided for in s. 463.0135.
171               (b)     Minimum equipment that which a licensed practitioner
172      must shall at all times possess to engage in the practice of
173      optometry.
174               (c)     Minimum procedures that which shall constitute a
175      visual examination.

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176               (d)     Procedures for the safekeeping and transfer of
177      prescription files or case records upon the discontinuance of
178      practice.
179               (e)     Supervision of supportive personnel.
180               (f)     Courses and procedures for continuing education.
181               (g)     Practices and procedures for the administration and
182      prescription of ocular pharmaceutical agents.
183               (h)     Laser and non-laser ophthalmic procedures and
184      therapies an optometrist certified in ophthalmic procedures may
185      perform, including, but not limited to, the standards of
186      practice for such ophthalmic procedures and therapies.
187               (i)     The scope of practice of optometry consistent with
188      this chapter.
189               (j)     Required content, grading criteria, and passing scores
190      for the licensure examinations set forth in s. 463.006.
191               Section 4.         Section 463.0055, Florida Statutes, is amended
192      to read:
193               463.0055         Administration and prescription of ocular
194      pharmaceutical agents.—
195               (1)(a)      Certified optometrists may administer and prescribe
196      ocular pharmaceutical agents as provided in this section for the
197      diagnosis and treatment of ocular conditions of the human eye
198      and its appendages without the use of surgery or other invasive
199      techniques. However, a licensed practitioner who is not
200      certified may use topically applied anesthetics solely for the

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201      purpose of glaucoma examinations, but is otherwise prohibited
202      from administering or prescribing ocular pharmaceutical agents.
203               (b)     Before a certified optometrist may administer or
204      prescribe oral ocular pharmaceutical agents, the certified
205      optometrist must provide proof to the department of successful
206      completion of a course and subsequent examination, approved by
207      the board, on general and ocular pharmaceutical agents and the
208      side effects of those agents. The course shall consist of 20
209      contact hours, all of which may be web-based. The first course
210      and examination shall be presented by October 1, 2013, and shall
211      be administered at least annually thereafter. The course and
212      examination shall be developed and offered jointly by a
213      statewide professional association of physicians in this state
214      accredited to provide educational activities designated for the
215      American Medical Association Physician's Recognition Award (AMA
216      PRA) Category 1 credit and a statewide professional association
217      of licensed practitioners which provides board-approved
218      continuing education on an annual basis. The board shall review
219      and approve the content of the initial course and examination if
220      the board determines that the course and examination adequately
221      and reliably satisfy the criteria set forth in this section. The
222      board shall thereafter annually review and approve the course
223      and examination if the board determines that the content
224      continues to adequately and reliably satisfy the criteria set
225      forth in this section. Successful completion of the board-

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226      approved course and examination may be used by a certified
227      optometrist to satisfy 20 hours of the continuing education
228      requirements in s. 463.007(3), only for the biennial period in
229      which the board-approved course and examination are taken. If a
230      certified optometrist does not complete a board-approved course
231      and examination under this section, the certified optometrist is
232      only authorized to administer and prescribe topical ocular
233      pharmaceutical agents.
234               (2)(a)      The board shall establish a negative formulary of
235      topical ocular pharmaceutical agents that a certified
236      optometrist may not administer or prescribe be prescribed and
237      administered by a certified optometrist. The formulary shall
238      consist of those topical ocular pharmaceutical agents that are
239      appropriate to treat or diagnose ocular diseases and disorders
240      and that the certified optometrist is qualified to use in the
241      practice of optometry. The board shall establish, add to, delete
242      from, or modify the topical formulary by rule. Notwithstanding
243      any provision of chapter 120 to the contrary, the topical
244      formulary rule becomes effective 60 days from the date it is
245      filed with the Secretary of State.
246               (b)     The formulary may be added to, deleted from, or
247      modified according to the procedure described in paragraph (a).
248      Any person who requests an addition, deletion, or modification
249      of an authorized topical ocular pharmaceutical agent shall have
250      the burden of proof to show cause why such addition, deletion,

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251      or modification should be made.
252               (c)      The State Surgeon General shall have standing to
253      challenge any rule or proposed rule of the board pursuant to s.
254      120.56. In addition to challenges for any invalid exercise of
255      delegated legislative authority, the administrative law judge,
256      upon such a challenge by the State Surgeon General, may declare
257      all or part of a rule or proposed rule invalid if it:
258               1.      Does not protect the public from any significant and
259      discernible harm or damages;
260               2.      Unreasonably restricts competition or the availability
261      of professional services in the state or in a significant part
262      of the state; or
263               3.      Unnecessarily increases the cost of professional
264      services without a corresponding or equivalent public benefit.
265
266      However, there shall not be created a presumption of the
267      existence of any of the conditions cited in this subsection in
268      the event that the rule or proposed rule is challenged.
269               (d)     Upon adoption of the negative formulary required by
270      this section, and upon each addition, deletion, or modification
271      to the formulary, the board shall mail a copy of the amended
272      formulary to each certified optometrist and to each pharmacy
273      licensed by the state.
274               (3)      In addition to the formulary of topical ocular
275      pharmaceutical agents established by rule of the board, there is

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276      created a statutory formulary of oral ocular pharmaceutical
277      agents, which includes the following agents:
278               (a)      The following analgesics or their generic or
279      therapeutic equivalents, which may not be administered or
280      prescribed for more than 72 hours without consultation with a
281      physician licensed under chapter 458 or chapter 459 who is
282      skilled in diseases of the eye:
283               1.      Tramadol hydrochloride.
284               2.      Acetaminophen 300 mg with No. 3 codeine phosphate 30
285      mg.
286               (b)      The following antibiotics or their generic or
287      therapeutic equivalents:
288               1.      Amoxicillin with or without clavulanic acid.
289               2.      Azithromycin.
290               3.      Erythromycin.
291               4.      Dicloxacillin.
292               5.      Doxycycline/Tetracycline.
293               6.      Keflex.
294               7.      Minocycline.
295               (c)      The following antivirals or their generic or
296      therapeutic equivalents:
297               1.      Acyclovir.
298               2.      Famciclovir.
299               3.      Valacyclovir.
300               (d)      The following oral anti-glaucoma agents or their

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301      generic or therapeutic equivalents, which may not be
302      administered or prescribed for more than 72 hours:
303               1.      Acetazolamide.
304               2.      Methazolamide.
305
306      Any oral ocular pharmaceutical agent that is listed in the
307      statutory formulary set forth in this subsection and that is
308      subsequently determined by the United States Food and Drug
309      Administration to be unsafe for administration or prescription
310      shall be considered to have been deleted from the formulary of
311      oral ocular pharmaceutical agents. The oral ocular
312      pharmaceutical agents on the statutory formulary set forth in
313      this subsection may not otherwise be deleted by the board, the
314      department, or the State Surgeon General.
315               (3)(4)      A certified optometrist shall be issued a
316      prescriber number by the board. Any prescription written by a
317      certified optometrist for an ocular pharmaceutical agent
318      pursuant to this section shall have the prescriber number
319      printed thereon. A certified optometrist may not administer or
320      prescribe any of the following:
321               (a)      A controlled substance listed in Schedule II, Schedule
322      III, Schedule IV, or Schedule V of s. 893.03, except for an oral
323      analgesic placed on the formulary pursuant to this section for
324      the relief of pain due to ocular conditions of the eye and its
325      appendages.

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326               (b)     A controlled substance for the treatment of chronic
327      nonmalignant pain as defined in s. 456.44(1)(f).
328               Section 5.        Section 463.0056, Florida Statutes, is created
329      to read:
330               463.0056         Ophthalmic Procedures.—
331               (1)(a)      An optometrist certified in ophthalmic procedures
332      may perform laser and non-laser ophthalmic procedures and
333      therapies as authorized by the board but may not perform an
334      ophthalmic procedure or therapy that requires preoperative
335      medications or drug-induced alteration of consciousness.
336      However, an optometrist certified in ophthalmic procedures may
337      use medication for minimal tranquilization of the patient and
338      local or topical anesthesia if the chances of complications
339      requiring hospitalization of the patient as a result are remote.
340               (b)     To be certified to perform ophthalmic procedures, a
341      certified optometrist must first provide proof to the department
342      of successful completion of a course and subsequent examination,
343      approved by the board, on laser and non-laser ophthalmic
344      procedures and therapy. The course and examination shall be
345      developed and offered jointly by a statewide professional
346      association of physicians in this state accredited to provide
347      educational activities designated for the American Medical
348      Association Physician's Recognition Award Category 1 credit and
349      a statewide professional association of licensed practitioners
350      which provides board-approved continuing education on an annual

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351      basis. The board shall review and approve the content of the
352      initial course and examination if the board determines that the
353      course and examination adequately and reliably satisfy the
354      criteria set forth in this section. The board shall thereafter
355      annually review and approve the examination if the board
356      determines that the content continues to adequately and reliably
357      satisfy the criteria set forth in this section. Successful
358      completion of the board-approved course and examination may be
359      used by a certified optometrist to satisfy the continuing
360      education requirements in s. 463.007(3) only for the biennial
361      period in which the board-approved course and examination are
362      taken. If a certified optometrist does not complete a board-
363      approved course and examination under this section, the
364      certified optometrist may not perform ophthalmic procedures
365      described in paragraph (a).
366               (2)     The following ophthalmic procedures are excluded from
367      the scope of practice of optometry, except for the preoperative
368      and postoperative care of these procedures:
369               (a)     Laser vision correction, penetrating keratoplasty, and
370      corneal or lamellar keratoplasty.
371               (b)     Laser of the vitreous chamber or retina of the eye to
372      treat any vitreomacular or retinal disease.
373               (c)     Surgery of the eyelid for suspected eyelid
374      malignancies or for incisional cosmetic or mechanical repair of
375      blepharochalasis, ptosis, or tarsorrhaphy.

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376               (d)     Surgery of the boney orbit, including, but not limited
377      to, orbital implants or removal of the human eye.
378               (e)     Incisional or excisional surgery of the lacrimal
379      system other than lacrimal probing or related procedures.
380               (f)     Surgery requiring full thickness incision or excision
381      of the cornea or sclera other than paracentesis in an emergency
382      situation requiring immediate reduction of elevated pressure
383      inside the eye.
384               (g)     Surgery requiring incision or excision by scalpel of
385      the iris and ciliary body, including, but not limited to, iris
386      diathermy or cryotherapy.
387               (h)     Surgery requiring incision or excision of the vitreous
388      or retina.
389               (i)     Surgery requiring incision or excision of the
390      crystalline lens or an intraocular prosthetic implant.
391               (j)     Surgery involving incision or excision of the
392      extraocular muscles.
393               (k)     Surgery requiring full thickness conjunctivoplasty
394      with graft or flap.
395               (l)     Pterygium surgery.
396               (m)     Any other procedure or therapy the board deems
397      appropriate.
398               Section 6.        Subsection (3) of section 463.0057, Florida
399      Statutes, is amended to read:
400               463.0057         Optometric faculty certificate.—

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401               (3)     The holder of a faculty certificate may engage in the
402      practice of optometry as permitted by this section but may not
403      administer or prescribe topical ocular pharmaceutical agents
404      unless the certificateholder has satisfied the requirements of
405      s. 463.006(1)(e) and (f). If a certificateholder wishes to
406      administer or prescribe oral ocular pharmaceutical agents, the
407      certificateholder must also satisfy the requirements of s.
408      463.0055(1)(b).
409               Section 7.        Section 463.006, Florida Statutes, is amended
410      to read:
411               463.006      Licensure and certification by examination.—
412               (1)     Any person desiring to be a certified optometrist
413      licensed practitioner pursuant to this chapter must apply to the
414      department and must submit proof to the department that she or
415      he:
416               (a)     Has completed the application forms as required by the
417      board, remitted an application fee for certification not to
418      exceed $250, remitted an examination fee for certification not
419      to exceed $250, and remitted an examination fee for licensure
420      not to exceed $325, all as set by the board.
421               (b)     Is at least 18 years of age.
422               (c)     Has graduated from an accredited school or college of
423      optometry approved by rule of the board.
424               (d)     Is of good moral character.
425               (e)     Has successfully completed at least 110 hours of

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426      transcript-quality coursework and clinical training in general
427      and ocular pharmacology as determined by the board, at an
428      institution that:
429               1.      Has facilities for both didactic and clinical
430      instructions in pharmacology; and
431               2.      Is accredited by a regional or professional accrediting
432      organization that is recognized and approved by the Commission
433      on Recognition of Postsecondary Accreditation or the United
434      States Department of Education.
435               (f)      Has completed at least 1 year of supervised experience
436      in differential diagnosis of eye disease or disorders as part of
437      the optometric training or in a clinical setting as part of the
438      optometric experience.
439               (2)      The board shall approve a licensure examination
440      consisting of the appropriate subjects and including applicable
441      state laws and rules and general and ocular pharmacology with
442      emphasis on the use and side effects of ocular pharmaceutical
443      agents. The board may by rule substitute a national examination
444      as part or all of the examination and, notwithstanding chapter
445      456, may by rule offer a practical examination in addition to a
446      written examination. The board shall determine the required
447      content, grading criteria, and passing score for the licensure
448      examination.
449               (3)      Each applicant who submits proof satisfactory to the
450      board that he or she has met the requirements of subsection (1),

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451      who successfully passes the licensure examination within 3 years
452      before the date of application or within 3 years after the
453      submission of an application, and who otherwise meets the
454      requirements of this chapter is entitled to be licensed as a
455      certified optometrist practitioner and to be certified to
456      administer and prescribe ocular pharmaceutical agents in the
457      diagnosis and treatment of ocular conditions.
458               Section 8.         Subsections (12) and (13) are added to section
459      463.0135, Florida Statutes, to read:
460               463.0135          Standards of practice.—
461               (12)        Certified optometrists may remove superficial foreign
462      bodies. For the purpose of this subsection, the term
463      "superficial foreign bodies" means any foreign matter that is
464      embedded in the conjunctiva or cornea but that has not
465      penetrated the globe. Notwithstanding the definition of surgery
466      in s. 463.002, a certified optometrist may provide any
467      optometric care within the practice of optometry as defined in
468      s. 463.002, including, but not limited to, removing an eyelash
469      by epilation, probing an uninflamed tear duct in a patient 18
470      years of age or older, blocking the puncta by plug, or
471      superficial scraping for the purpose of removing damaged
472      epithelial tissue or superficial foreign bodies or taking a
473      culture of the surface of the cornea or conjunctiva.
474               (13)        A licensed practitioner who is not a certified
475      optometrist is required to display at her or his place of

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476      practice a sign that states, "I am a Licensed Practitioner, not
477      a Certified Optometrist, and I am not able to prescribe ocular
478      pharmaceutical agents or perform ophthalmic procedures."
479               Section 9.        Subsection (4) of section 463.014, Florida
480      Statutes, is amended to read:
481               463.014      Certain acts prohibited.—
482               (4)     Surgery of any kind is expressly prohibited. Certified
483      optometrists may remove superficial foreign bodies. For the
484      purposes of this subsection, the term "superficial foreign
485      bodies" means any foreign matter that is embedded in the
486      conjunctiva or cornea but that has not penetrated the globe.
487      Notwithstanding the definition of surgery as provided in s.
488      463.002(6), a certified optometrist is not prohibited from
489      providing any optometric care within the practice of optometry
490      as defined in s. 463.002(7), such as removing an eyelash by
491      epilation, probing an uninflamed tear duct in a patient 18 years
492      of age or older, blocking the puncta by plug, or superficial
493      scraping for the purpose of removing damaged epithelial tissue
494      or superficial foreign bodies or taking a culture of the surface
495      of the cornea or conjunctiva.
496               Section 10.          Section 463.009, Florida Statutes, is amended
497      to read:
498               463.009      Supportive personnel.—No person other than a
499      licensed practitioner may engage in the practice of optometry as
500      defined in s. 463.002 s. 463.002(7). Except as provided in this

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F   L    O   R    I   D   A     H   O   U   S   E     O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 631                                                                                                2021




501      section, under no circumstances shall nonlicensed supportive
502      personnel be delegated diagnosis or treatment duties; however,
503      such personnel may perform data gathering, preliminary testing,
504      prescribed visual therapy, and related duties under the direct
505      supervision of the licensed practitioner. Nonlicensed personnel,
506      who need not be employees of the licensed practitioner, may
507      perform ministerial duties, tasks, and functions assigned to
508      them by and performed under the general supervision of a
509      licensed practitioner, including obtaining information from
510      consumers for the purpose of making appointments for the
511      licensed practitioner. The licensed practitioner shall be
512      responsible for all delegated acts performed by persons under
513      her or his direct and general supervision.
514               Section 11.           Subsection (19) of section 641.31, Florida
515      Statutes, is amended to read:
516               641.31        Health maintenance contracts.—
517               (19)        Notwithstanding any other provision of law, health
518      maintenance policies or contracts which provide coverage,
519      benefits, or services as described in s. 463.002 s. 463.002(7),
520      shall offer to the subscriber the services of an optometrist
521      licensed pursuant to chapter 463.
522               Section 12.           This act shall take effect July 1, 2021.




                                                      Page 21 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0631-00
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 631   (2021)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Professions & Public
2      Health Subcommittee
3      Representative Rizo offered the following:
4
 5          Amendment (with title amendment)
 6          Remove lines 315-495 and insert:
7           (3)    Controlled substances for acute pain shall not be
8      administered or prescribed for more than 72 hours without
9      consultation with a physician licensed under chapter 458 or
10     chapter 459 who is skilled in diseases of the eye.
11          (3)(4)   A certified optometrist shall be issued a
12     prescriber number by the board. Any prescription written by a
13     certified optometrist for an ocular pharmaceutical agent
14     pursuant to this section shall have the prescriber number
15     printed thereon. A certified optometrist may not administer or
16     prescribe any of the following:
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 631   (2021)
       Amendment No. 1


17          (a)   A controlled substance listed in Schedule II, Schedule
18     III, Schedule IV, or Schedule V of s. 893.03, except for an oral
19     analgesic placed on the formulary pursuant to this section for
20     the relief of pain due to ocular conditions of the eye and its
21     appendages.
22          (b)   A controlled substance for the treatment of chronic
23     nonmalignant pain as defined in s. 456.44(1)(f).
24          Section 5.   Section 463.0056, Florida Statutes, is created
25     to read:
26          463.0056   Ophthalmic Procedures.—
27          (1)(a)   An optometrist certified in ophthalmic procedures
28     may perform laser and non-laser ophthalmic procedures and
29     therapies as authorized by the board but may not perform an
30     ophthalmic procedure or therapy that requires drug-induced
31     alteration of consciousness or that burns, cuts, or incises the
32     globe of the eye. However, an optometrist certified in
33     ophthalmic procedures may use medication for minimal
34     tranquilization of the patient and local or topical anesthesia
35     if the chances of complications requiring hospitalization of the
36     patient as a result are remote.
37          (b)   To be certified to perform ophthalmic procedures, a
38     certified optometrist must first provide proof to the department
39     of successful completion of a course and subsequent examination,
40     approved by the board, on laser and non-laser ophthalmic
41     procedures and therapy. The course and examination shall be
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 631   (2021)
       Amendment No. 1


42     developed and offered jointly by a statewide professional
43     association of physicians in this state accredited to provide
44     educational activities designated for the American Medical
45     Association Physician's Recognition Award Category 1 credit and
46     a statewide professional association of licensed practitioners
47     which provides board-approved continuing education on an annual
48     basis. The board shall review and approve the content of the
49     initial course and examination if the board determines that the
50     course and examination adequately and reliably satisfy the
51     criteria set forth in this section. The board shall thereafter
52     annually review and approve the examination if the board
53     determines that the content continues to adequately and reliably
54     satisfy the criteria set forth in this section. Successful
55     completion of the board-approved course and examination may be
56     used by a certified optometrist to satisfy the continuing
57     education requirements in s. 463.007(3) only for the biennial
58     period in which the board-approved course and examination are
59     taken. If a certified optometrist does not complete a board-
60     approved course and examination under this section, the
61     certified optometrist may not perform ophthalmic procedures
62     described in paragraph (a).
63          (2)   The following ophthalmic procedures are excluded from
64     the scope of practice of optometry, except for the preoperative
65     and postoperative care of these procedures:


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 631   (2021)
       Amendment No. 1


66          (a)   Any procedure that burns, cuts, or incises the globe
67     of the eye.
68          (b)   Laser vision correction, penetrating keratoplasty, and
69     corneal or lamellar keratoplasty.
70          (c)   Laser of the vitreous chamber or retina of the eye to
71     treat any vitreomacular or retinal disease.
72          (d)   Surgery of the eyelid for suspected eyelid
73     malignancies or for incisional cosmetic or mechanical repair of
74     blepharochalasis, ptosis, or tarsorrhaphy.
75          (e)   Surgery of the boney orbit, including, but not limited
76     to, orbital implants or removal of the human eye.
77          (f)   Incisional or excisional surgery of the lacrimal
78     system other than lacrimal probing or related procedures.
79          (g)   Surgery requiring full thickness incision or excision
80     of the cornea or sclera other than paracentesis in an emergency
81     situation requiring immediate reduction of elevated pressure
82     inside the eye.
83          (h)   Surgery requiring incision or excision by scalpel of
84     the iris and ciliary body, including, but not limited to, iris
85     diathermy or cryotherapy.
86          (i)   Surgery requiring incision or excision of the vitreous
87     or retina.
88          (j)   Surgery requiring incision or excision of the
89     crystalline lens or an intraocular prosthetic implant.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 631    (2021)
        Amendment No. 1


 90           (k)   Surgery involving incision or excision of the
 91     extraocular muscles.
 92           (l)   Surgery requiring full thickness conjunctivoplasty
 93     with graft or flap.
 94           (m)   Pterygium surgery.
 95           (n)   Any other procedure or therapy the board deems
 96     appropriate.
97            Section 6.    Subsection (3) of section 463.0057, Florida
98      Statutes, is amended to read:
99            463.0057    Optometric faculty certificate.—
100           (3)   The holder of a faculty certificate may engage in the
101     practice of optometry as permitted by this section but may not
102     administer or prescribe topical ocular pharmaceutical agents
103     unless the certificateholder has satisfied the requirements of
104     s. 463.006(1)(e) and (f). If a certificateholder wishes to
105     administer or prescribe oral ocular pharmaceutical agents, the
106     certificateholder must also satisfy the requirements of s.
107     463.0055(1)(b).
108           Section 7.    Section 463.006, Florida Statutes, is amended
109     to read:
110           463.006    Licensure and certification by examination.—
111           (1)   Any person desiring to be a certified optometrist
112     licensed practitioner pursuant to this chapter must apply to the
113     department and must submit proof to the department that she or
114     he:
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 631   (2021)
        Amendment No. 1


115          (a)   Has completed the application forms as required by the
116     board, remitted an application fee for certification not to
117     exceed $250, remitted an examination fee for certification not
118     to exceed $250, and remitted an examination fee for licensure
119     not to exceed $325, all as set by the board.
120          (b)   Is at least 18 years of age.
121          (c)   Has graduated from an accredited school or college of
122     optometry approved by rule of the board.
123          (d)   Is of good moral character.
124          (e)   Has successfully completed at least 110 hours of
125     transcript-quality coursework and clinical training in general
126     and ocular pharmacology as determined by the board, at an
127     institution that:
128          1.    Has facilities for both didactic and clinical
129     instructions in pharmacology; and
130          2.    Is accredited by a regional or professional accrediting
131     organization that is recognized and approved by the Commission
132     on Recognition of Postsecondary Accreditation or the United
133     States Department of Education.
134          (f)   Has completed at least 1 year of supervised experience
135     in differential diagnosis of eye disease or disorders as part of
136     the optometric training or in a clinical setting as part of the
137     optometric experience.
138          (2)   The board shall approve a licensure examination
139     consisting of the appropriate subjects and including applicable
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 631   (2021)
        Amendment No. 1


140     state laws and rules and general and ocular pharmacology with
141     emphasis on the use and side effects of ocular pharmaceutical
142     agents. The board may by rule substitute a national examination
143     as part or all of the examination and, notwithstanding chapter
144     456, may by rule offer a practical examination in addition to a
145     written examination. The board shall determine the required
146     content, grading criteria, and passing score for the licensure
147     examination.
148          (3)    Each applicant who submits proof satisfactory to the
149     board that he or she has met the requirements of subsection (1),
150     who successfully passes the licensure examination within 3 years
151     before the date of application or within 3 years after the
152     submission of an application, and who otherwise meets the
153     requirements of this chapter is entitled to be licensed as a
154     certified optometrist practitioner and to be certified to
155     administer and prescribe ocular pharmaceutical agents in the
156     diagnosis and treatment of ocular conditions.
157          Section 8.    Subsection (12) is added to section 463.0135,
158     Florida Statutes, to read:
159          463.0135    Standards of practice.—
160          (12)    A licensed practitioner who is not a certified
161     optometrist is required to display at her or his place of
162     practice a sign that states, "I am a Licensed Practitioner, not
163     a Certified Optometrist, and I am not able to prescribe ocular
164     pharmaceutical agents or perform ophthalmic procedures."
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 631   (2021)
        Amendment No. 1


165          Section 9.   Subsection (4) of section 463.014, Florida
166     Statutes, is amended to read:
167          463.014   Certain acts prohibited.—
168          (4)   Surgery, except as otherwise provided in this chapter,
169     is of any kind is expressly prohibited. Certified optometrists
170     may remove superficial foreign bodies. For the purposes of this
171     subsection, the term "superficial foreign bodies" means any
172     foreign matter that is embedded in the conjunctiva or cornea but
173     that has not penetrated the globe. Notwithstanding the
174     definition of surgery as provided in s. 463.002(6), a certified
175     optometrist may provide is not prohibited from providing any
176     optometric care within the practice of optometry as defined in
177     s. 463.002(7), including, but not limited to, such as removing
178     an eyelash by epilation, probing an uninflamed tear duct in a
179     patient 18 years of age or older, blocking the puncta by plug,
180     or superficial scraping for the purpose of removing damaged
181     epithelial tissue or superficial foreign bodies or taking a
182     culture of the surface of the cornea or conjunctiva.
183
184           -----------------------------------------------------
185                        T I T L E    A M E N D M E N T
186          Remove lines 48-56 and insert:
187     requiring licensed practitioners who are not certified
188     optometrists to display in their practices a sign containing


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 631   (2021)
        Amendment No. 1


189     specified information; amending s. 463.014, F.S.; revising a
190     prohibition on




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                                    Page 9 of 9
HB 805
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 805 Volunteer Ambulance Services
SPONSOR(S): Caruso and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1084

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Guzzo                 McElroy

  2) Local Administration & Veterans Affairs
     Subcommittee

  3) Tourism, Infrastructure & Energy Subcommittee

  4) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
Prehospital life support transport services fall into two general categories – basic life support services (BLS)
and advanced life support services (ALS). The Department of Health (DOH) licenses basic life support (BLS)
service providers, advanced life support (ALS) service providers and air ambulances. To obtain a transport
vehicle permit to provide BLS or ALS services, an applicant must meet the minimum standards regarding
equipment, vehicles, personnel, services, and insurance established by the DOH. However, BLS and ALS
service providers must also obtain a Certificate of Public Convenience and Necessity (COPCN) from the
governing board of each county in which the provider plans to operate.

The “Florida Uniform Traffic Control Law” permits the drivers of certain authorized emergency vehicles to
disregard specified traffic laws and ordinances and use emergency lights and sirens while responding to an
emergency. The authorized emergency vehicles include vehicles of a fire department, police department, and
ambulance and emergency vehicles of municipal and county departments, public service corporations
operated by private corporations, and certain state agencies. Current law does not recognize an ambulance
providing volunteer ambulance services as an authorized emergency vehicle.

HB 805 exempts certain faith-based volunteer first responder agencies that have operated for at least 10
consecutive years from the certificate of public convenience and necessity requirements. The bill prohibits a
county or municipal government from limiting, prohibiting, or preventing a volunteer ambulance service from
responding to an emergency or providing emergency medical services or transport within its jurisdiction. The
bill also prohibits a county or municipal government from requiring a volunteer ambulance service to obtain a
license or certificate or pay a fee to provide ambulance or air ambulance services within its jurisdiction.

The bill allows a volunteer ambulance services vehicle that qualifies as an authorized emergency vehicle to
disregard specified traffic laws and ordinances and use emergency lights and sirens while responding to an
emergency. The bill also allows a medical staff physician or technician of a volunteer ambulance service to
disregard specified traffic laws and ordinances and use red lights in their privately owned vehicles when
responding to an emergency in the line of duty.

The bill declares that it is in the public interest to foster the development of emergency medical services that
address religious sensitivities and to recognize the value of augmenting existing county and municipal
emergency medical services with those provided by volunteer service organizations.

The bill has no fiscal impact on state or local government.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0805.PPH
DATE: 3/22/2021
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Emergency Medical Transport Services

         Prehospital life support transport services fall into two general categories – basic life support services
         (BLS) and advanced life support services (ALS).

         BLS services include the assessment or treatment by a person qualified under part III of ch. 401, F.S.,
         through the use of techniques described in the EMT-Basic National Standard Curriculum or the
         National Emergency Medical Services (EMS) Education Standards of the U.S. Department of
         Transportation. 1 The term includes the administration of oxygen and other techniques that have been
         approved and are performed under specific conditions. 2 BLS services are usually performed by EMTs. 3

         ALS services include patient assessment or treatment including the implementation of advanced
         medical skills such as endotracheal intubation, the administration of drugs or intravenous fluids,
         telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-
         Paramedic National Standard Curriculum or the National EMS Education Standards. 4 ALS services can
         be performed on site and are usually provided by physicians or paramedics. 5

         To obtain a transport vehicle permit to provide BLS or ALS services, an applicant must provide to the
         Department of Health the following:

             •   An application and required fees; and
             •   Documentation that the vehicle qualifies as follows:
                    o Is furnished with essential medical supplies and equipment which is in good working
                       order;
                    o Meets appropriate standards for design and construction;
                    o Is equipped with an appropriate communication system;
                    o Meets appropriate safety standards;
                    o Meets sanitation and maintenance standards;
                    o Is insured for a minimum of $100,000/$300,000 against injuries to or the death of any
                       person arising out of an accident; and
                    o Has been awarded a Certificate of Public Convenience and Necessity (COPCN). 6

         Certificate of Public Convenience and Necessity

         A Certificate of Public Convenience and Necessity (COPCN) is a written statement, issued by the
         governing board of a county, granting permission for an emergency medical service provider to provide
         authorized services for the benefit of the population of that county or the benefit of the population of
         some geographic area of that county. 7 At the time of licensure, each provider of life support
         transportation services must have a COPCN from each county in which the provider intends to


1 United States Department of Transportation, National Highway Traffic Safety Administration, National Emergency Medical Services

Education Standards, (January 2009), available at https://www.ems.gov/pdf/National-EMS-Education-Standards-FINAL-Jan-2009.pdf
(last visited March 11, 2021).
2 Sections 401.23(7) and (8), F.S.
3 Ryynanen, et. al, Is advanced life support better than basic life support in prehospital care? A systematic review, Scand J Trauma

Resusc. Emerg. Med. 2010; 18: 62, (November 23, 2010), available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3001418/ (last
visited March 11, 2021).
4 Sections 401.23(1) and (2), F.S.
5 Ryynanen, et. al, supra note 18.
6 Section 401.26(2), F.S., and Fla. Admin. Code R. 64J-1.002 and 64J-1.003 (2019).
7 Rule 64J-1.001(2), F.A.C.

STORAGE NAME: h0805.PPH                                                                                                       PAGE: 2
DATE: 3/22/2021
         operate. 8 Section 401.25(6), F.S., authorizes, but does not require, counties to adopt ordinances
         establishing standards for issuing a COPCN.

         Emergency Vehicles

         Chapter 316, F.S., provides uniform traffic laws and ordinances applicable throughout the state and is
         titled the “Florida Uniform Traffic Control Law”. The law permits the drivers of certain authorized
         emergency vehicles to disregard specified traffic laws and ordinances and use emergency lights and
         sirens while responding to an emergency. The authorized emergency vehicles include vehicles of a fire
         department, police department, and ambulance and emergency vehicles of: 9

             •    Municipal and county departments;
             •    Public service corporations operated by private corporations;
             •    The Fish and Wildlife Conservation Commission;
             •    The Department of Environmental Protection;
             •    The Department of Health;
             •    The Department of Transportation; and
             •    The Department of Corrections.

         Red or red and white lights may be shown or displayed by vehicles of the fire department and fire
         patrol, and by a privately owned vehicle belonging to a member of a regularly organized volunteer
         firefighting company or association, while on their way to the scene of a fire or other emergency in the
         line of duty. 10

         Red lights may be shown or displayed by privately owned vehicles of medical staff physicians or
         technicians of medical facilities licensed by the state while responding to an emergency in the line of
         duty, certain ambulances, and certain buses and taxicabs. 11

         Section 316.072(5), F.S., permits the drivers of certain vehicles to disregard specified traffic laws and
         ordinances while responding to an emergency, including:

             •    The driver of an authorized emergency vehicle when responding to an emergency call, when in
                  the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, but
                  not upon returning from a fire;
             •    A medical staff physician or technician of a licensed medical facility when responding to an
                  emergency in the line of duty in his or her privately owned vehicle, using red lights;
             •    The driver of an authorized law enforcement vehicle, when conducting a nonemergency escort,
                  to warn the public of an approaching motorcade.

         The driver of a vehicle described above, unless otherwise directed by a police officer may:

             •  Park or stand, regardless of traffic laws and ordinances;
             •  Proceed past a red light or stop sign, but only after slowing down as may be necessary for safe
                operation;
            • Exceed the maximum speed limits so long as the driver does not endanger life or property; and
            • Disregard regulations governing direction or movement or turning in specified directions, as long
                as the driver does not endanger life or property.
         Current law does not recognize an ambulance providing volunteer ambulance services as an
         authorized emergency vehicle.

         Effect of the Bill


8 Section 401.25(2)(d), F.S.
9 Section 316.003(1), F.S.
10 Section 316.2398(1), F.S.
11 Id.

STORAGE NAME: h0805.PPH                                                                                       PAGE: 3
DATE: 3/22/2021
       HB 805 exempts certain faith-based volunteer first responder agencies that have operated for at least
       10 consecutive years from the certificate of public convenience and necessity requirements. The bill
       prohibits a county or municipal government from limiting, prohibiting, or preventing a volunteer
       ambulance service from responding to an emergency or providing emergency medical services or
       transport within its jurisdiction. The bill also prohibits a county or municipal government from requiring a
       volunteer ambulance service to obtain a license or certificate or pay a fee to provide ambulance or air
       ambulance services within its jurisdiction.

       The bill allows a volunteer ambulance services vehicle that qualifies as an authorized emergency
       vehicle to disregard specified traffic laws and ordinances and use emergency lights and sirens while
       responding to an emergency. The bill also allows a medical staff physician or technician of a volunteer
       ambulance service to disregard specified traffic laws and ordinances and use red lights in their privately
       owned vehicles when responding to an emergency in the line of duty.

       The bill declares that it is in the public interest to foster the development of emergency medical services
       that address religious sensitivities and to recognize the value of augmenting existing county and
       municipal emergency medical services with those provided by volunteer service organizations.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 316.003, F.S., relating to definitions.
       Section 2: Amends s. 316.072, F.S., relating to obedience to and effect of traffic laws.
       Section 3: Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions.
       Section 4: Amends s. 316.2398, F.S., relating to display or use of red or red and white warning
                  signals; motor vehicles of volunteer firefighters or medical staff.
       Section 5: Amends s. 401.211, F.S., relating to legislative intent.
       Section 6: Amends s. 401.23, F.S., relating to definitions.
       Section 7: Amends s. 401.25, F.S., relating to licensure as a basic life support or an advanced life
                  support service.
       Section 8: Amends s. 316.306, F.S., relating to school and work zones; prohibition on the use of a
                  wireless communications device in a handheld manner.
       Section 9: Provides an effective date of July 1, 2021.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.




STORAGE NAME: h0805.PPH                                                                                     PAGE: 4
DATE: 3/22/2021
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       No additional rule-making authority is necessary to implement the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill may present challenges for a county or municipal government (especially during a disaster or
       mass casualty event) because a volunteer ambulance service is not required to report to or
       communicate with the county or municipal government. The county or municipal government would
       have no ability to respond or control the scene in terms of traffic management and staging areas.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0805.PPH                                                                                 PAGE: 5
DATE: 3/22/2021
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S




           HB 805                                                                                                2021




    1                                         A bill to be entitled
    2               An act relating to volunteer ambulance services;
    3               amending s. 316.003, F.S.; revising the definition of
    4               the term "authorized emergency vehicles" and defining
    5               the term "volunteer ambulance service"; amending s.
    6               316.072, F.S.; authorizing certain medical staff of a
    7               volunteer ambulance service to use red lights on a
    8               privately owned vehicle under certain circumstances;
    9               amending s. 316.2397, F.S.; authorizing vehicles of
10                  volunteer ambulance services to show or display red
11                  lights and operate emergency lights and sirens under
12                  certain circumstances; amending s. 316.2398, F.S.;
13                  authorizing privately owned vehicles belonging to
14                  certain medical staff of a volunteer ambulance service
15                  to display or use red warning signals under certain
16                  circumstances; conforming a provision to changes made
17                  by the act; prohibiting certain medical staff of
18                  volunteer ambulance services from operating red
19                  warning signals when not responding to an emergency in
20                  the line of duty; amending s. 401.211, F.S.; revising
21                  legislative intent; amending s. 401.23, F.S.; defining
22                  the terms "volunteer ambulance service" and "volunteer
23                  first responder agency"; amending s. 401.25, F.S.;
24                  exempting volunteer first responder agencies from
25                  certificate of public convenience and necessity

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        HB 805                                                                                                2021




26               requirements; providing that county and municipal
27               governments may not limit, prohibit, or prevent
28               volunteer ambulance services from responding to
29               emergencies or providing emergency medical services or
30               transport within their respective jurisdictions;
31               prohibiting county and municipal governments from
32               requiring volunteer ambulance services to obtain a
33               license or certificate or pay a fee to provide
34               ambulance or air ambulance services within their
35               respective jurisdictions, with an exception; amending
36               s. 316.306, F.S.; conforming a cross-reference;
37               providing an effective date.
38
39      Be It Enacted by the Legislature of the State of Florida:
40
41               Section 1.        Present subsection (105) of section 316.003,
42      Florida Statutes, is redesignated as subsection (106), a new
43      subsection (105) is added to that section, and subsection (1) of
44      that section is amended, to read:
45               316.003      Definitions.—The following words and phrases, when
46      used in this chapter, shall have the meanings respectively
47      ascribed to them in this section, except where the context
48      otherwise requires:
49               (1)     AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
50      department (fire patrol), police vehicles, and such ambulances

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        HB 805                                                                                                2021




51      and emergency vehicles of municipal departments, volunteer
52      ambulance services, public service corporations operated by
53      private corporations, the Fish and Wildlife Conservation
54      Commission, the Department of Environmental Protection, the
55      Department of Health, the Department of Transportation, and the
56      Department of Corrections as are designated or authorized by
57      their respective departments department or the chief of police
58      of an incorporated city or any sheriff of any of the various
59      counties.
60               (105)       VOLUNTEER AMBULANCE SERVICE.—A faith-based, not-for-
61      profit corporation registered under chapter 617 which is
62      licensed by the department as a basic life support service or an
63      advanced life support service and which has no for-profit
64      subsidiaries, uses volunteers to provide services, is not
65      operating for pecuniary profit or financial gain, and does not
66      distribute to or inure to the benefit of its directors, members,
67      or officers any part of its assets or income.
68               Section 2.        Paragraph (a) of subsection (5) of section
69      316.072, Florida Statutes, is amended to read:
70               316.072       Obedience to and effect of traffic laws.—
71               (5)     AUTHORIZED EMERGENCY VEHICLES.—
72               (a)1.       The driver of an authorized emergency vehicle, when
73      responding to an emergency call, when in the pursuit of an
74      actual or suspected violator of the law, or when responding to a
75      fire alarm, but not upon returning from a fire;

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         HB 805                                                                                                2021




76                2.      A medical staff physician or technician of a medical
77       facility or a volunteer ambulance service licensed by the state
78       when responding to an emergency in the line of duty in his or
79       her privately owned vehicle, using red lights as authorized in
80       s. 316.2398; or
81                3.      The driver of an authorized law enforcement vehicle,
82       when conducting a nonemergency escort, to warn the public of an
83       approaching motorcade;
84
85       may exercise the privileges set forth in this section, but
86       subject to the conditions herein stated.
87                Section 3.        Subsection (3) of section 316.2397, Florida
88       Statutes, is amended to read:
89                316.2397         Certain lights prohibited; exceptions.—
90                (3)      Vehicles of the fire department and fire patrol,
91       including vehicles of volunteer firefighters as permitted under
92       s. 316.2398, may show or display red or red and white lights.
93       Vehicles of medical staff physicians or technicians of medical
94       facilities or volunteer ambulance services licensed by the state
95       as authorized under s. 316.2398, ambulances as authorized under
96       this chapter, and buses and taxicabs as authorized under s.
97       316.2399 may show or display red lights. Vehicles of the fire
98       department, fire patrol, police vehicles, and such ambulances
99       and emergency vehicles of municipal and county departments,
100      volunteer ambulance services, public service corporations

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         HB 805                                                                                                2021




101      operated by private corporations, the Fish and Wildlife
102      Conservation Commission, the Department of Environmental
103      Protection, the Department of Transportation, the Department of
104      Agriculture and Consumer Services, and the Department of
105      Corrections as are designated or authorized by their respective
106      department or the chief of police of an incorporated city or any
107      sheriff of any county may operate emergency lights and sirens in
108      an emergency. Wreckers, mosquito control fog and spray vehicles,
109      and emergency vehicles of governmental departments or public
110      service corporations may show or display amber lights when in
111      actual operation or when a hazard exists provided they are not
112      used going to and from the scene of operation or hazard without
113      specific authorization of a law enforcement officer or law
114      enforcement agency. Wreckers must use amber rotating or flashing
115      lights while performing recoveries and loading on the roadside
116      day or night, and may use such lights while towing a vehicle on
117      wheel lifts, slings, or under reach if the operator of the
118      wrecker deems such lights necessary. A flatbed, car carrier, or
119      rollback may not use amber rotating or flashing lights when
120      hauling a vehicle on the bed unless it creates a hazard to other
121      motorists because of protruding objects. Further, escort
122      vehicles may show or display amber lights when in the actual
123      process of escorting overdimensioned equipment, material, or
124      buildings as authorized by law. Vehicles owned or leased by
125      private security agencies may show or display green and amber

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         HB 805                                                                                                2021




126      lights, with either color being no greater than 50 percent of
127      the lights displayed, while the security personnel are engaged
128      in security duties on private or public property.
129               Section 4.         Subsections (1), (2), and (4) of section
130      316.2398, Florida Statutes, are amended to read:
131               316.2398         Display or use of red or red and white warning
132      signals; motor vehicles of volunteer firefighters or medical
133      staff.—
134               (1)     A privately owned vehicle belonging to an active
135      firefighter member of a regularly organized volunteer
136      firefighting company or association, while en route to the fire
137      station for the purpose of proceeding to the scene of a fire or
138      other emergency or while en route to the scene of a fire or
139      other emergency in the line of duty as an active firefighter
140      member of a regularly organized firefighting company or
141      association, may display or use red or red and white warning
142      signals. A privately owned vehicle belonging to a medical staff
143      physician or technician of a medical facility or a volunteer
144      ambulance service licensed by the state, while responding to an
145      emergency in the line of duty, may display or use red warning
146      signals. Warning signals must be visible from the front and from
147      the rear of such vehicle, subject to the following restrictions
148      and conditions:
149               (a)     No more than two red or red and white warning signals
150      may be displayed.

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         HB 805                                                                                                2021




151               (b)     No inscription of any kind may appear across the face
152      of the lens of the red or red and white warning signal.
153               (c)     In order for an active volunteer firefighter to
154      display such red or red and white warning signals on his or her
155      vehicle, the volunteer firefighter must first secure a written
156      permit from the chief executive officers of the firefighting
157      organization to use the red or red and white warning signals,
158      and this permit must be carried by the volunteer firefighter at
159      all times while the red or red and white warning signals are
160      displayed.
161               (2)     A person who is not an active firefighter member of a
162      regularly organized volunteer firefighting company or
163      association or a physician or technician of the medical staff of
164      a medical facility or a volunteer ambulance service licensed by
165      the state may not display on any motor vehicle owned by him or
166      her, at any time, any red or red and white warning signals as
167      described in subsection (1).
168               (4)     A physician or technician of the medical staff of a
169      medical facility or a volunteer ambulance service may not
170      operate any red warning signals as authorized in subsection (1),
171      except when responding to an emergency in the line of duty.
172               Section 5.        Section 401.211, Florida Statutes, is amended
173      to read:
174               401.211      Legislative intent.—The Legislature recognizes
175      that the systematic provision of emergency medical services

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         HB 805                                                                                                2021




176      saves lives and reduces disability associated with illness and
177      injury. In addition, that system of care must be equally capable
178      of assessing, treating, and transporting children, adults, and
179      frail elderly persons. Further, it is the intent of the
180      Legislature to encourage the development and maintenance of
181      emergency medical services because such services are essential
182      to the health and well-being of all citizens of the state. The
183      Legislature finds that it is in the public interest to foster
184      the development of emergency medical services that address
185      religious sensitivities. In accordance with the Florida
186      Volunteer and Community Service Act of 2001, the Legislature
187      further recognizes the value of augmenting existing county and
188      municipal emergency medical services with those provided by
189      volunteer service organizations. The Legislature also recognizes
190      that the establishment of a comprehensive statewide injury-
191      prevention program supports state and community health systems
192      by further enhancing the total delivery system of emergency
193      medical services and reduces injuries for all persons. The
194      purpose of this part is to protect and enhance the public
195      health, welfare, and safety through the establishment of an
196      emergency medical services state plan, an advisory council, a
197      comprehensive statewide injury-prevention program, minimum
198      standards for emergency medical services personnel, vehicles,
199      services and medical direction, and the establishment of a
200      statewide inspection program created to monitor the quality of

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         HB 805                                                                                                2021




201      patient care delivered by each licensed service and
202      appropriately certified personnel.
203               Section 6.        Subsections (22) and (23) are added to section
204      401.23, Florida Statutes, to read:
205               401.23        Definitions.—As used in this part, the term:
206               (22)        "Volunteer ambulance service" means a faith-based,
207      not-for-profit corporation registered under chapter 617 which is
208      licensed by the department as a basic life support service or an
209      advanced life support service and which has no for-profit
210      subsidiaries, uses volunteers to provide services, is not
211      operating for pecuniary profit or financial gain, and does not
212      distribute to or inure to the benefit of its directors, members,
213      or officers any part of its assets or income.
214               (23)        "Volunteer first responder agency" means a first
215      responder agency as defined in s. 401.435(2) which is a faith-
216      based, not-for-profit corporation registered under chapter 617,
217      has been operating in this state for at least 10 consecutive
218      years, has no for-profit subsidiaries, uses volunteers to
219      provide services, is not operating for pecuniary profit or
220      financial gain, and does not distribute to or inure to the
221      benefit of its directors, members, or officers any part of its
222      assets or income.
223               Section 7.        Paragraph (d) of subsection (2) and subsection
224      (6) of section 401.25, Florida Statutes, are amended to read:
225               401.25        Licensure as a basic life support or an advanced

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         HB 805                                                                                                2021




226      life support service.—
227               (2)     The department shall issue a license for operation to
228      any applicant who complies with the following requirements:
229               (d)     The applicant has obtained a certificate of public
230      convenience and necessity from each county in which the
231      applicant will operate. In issuing the certificate of public
232      convenience and necessity, the governing body of each county
233      shall consider the recommendations of municipalities within its
234      jurisdiction. An applicant that is a volunteer first responder
235      agency is exempt from this requirement.
236               (6)(a)      The governing body of each county may adopt
237      ordinances that provide reasonable standards for certificates of
238      public convenience and necessity for basic or advanced life
239      support services and air ambulance services. In developing
240      standards for certificates of public convenience and necessity,
241      the governing body of each county must consider state
242      guidelines, recommendations of the local or regional trauma
243      agency created under chapter 395, and the recommendations of
244      municipalities within its jurisdiction.
245               (b)     A county or municipal government may not limit,
246      prohibit, or prevent a volunteer ambulance service from
247      responding to an emergency or from providing emergency medical
248      services or transport within its jurisdiction.
249               (c)     A county or municipal government may not require a
250      volunteer ambulance service to obtain a license or certificate

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         HB 805                                                                                                2021




251      or pay a fee to provide ambulance or air ambulance services
252      within its jurisdiction, except that a county or municipal
253      government may impose, collect, or enforce payment of any
254      occupational license tax authorized by law.
255               Section 8.          Paragraph (a) of subsection (3) of section
256      316.306, Florida Statutes, is amended to read:
257               316.306        School and work zones; prohibition on the use of a
258      wireless communications device in a handheld manner.—
259               (3)(a)1.          A person may not operate a motor vehicle while
260      using a wireless communications device in a handheld manner in a
261      designated school crossing, school zone, or work zone area as
262      defined in s. 316.003(106) s. 316.003(105). This subparagraph
263      shall only be applicable to work zone areas if construction
264      personnel are present or are operating equipment on the road or
265      immediately adjacent to the work zone area. For the purposes of
266      this paragraph, a motor vehicle that is stationary is not being
267      operated and is not subject to the prohibition in this
268      paragraph.
269               2.a.        During the period from October 1, 2019, through
270      December 31, 2019, a law enforcement officer may stop motor
271      vehicles to issue verbal or written warnings to persons who are
272      in violation of subparagraph 1. for the purposes of informing
273      and educating such persons of this section. This sub-
274      subparagraph shall stand repealed on October 1, 2020.
275               b.      Effective January 1, 2020, a law enforcement officer

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         HB 805                                                                                                2021




276      may stop motor vehicles and issue citations to persons who are
277      driving while using a wireless communications device in a
278      handheld manner in violation of subparagraph 1.
279               Section 9.        This act shall take effect July 1, 2021.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 805   (2021)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:    Professions & Public
 2     Health Subcommittee
 3     Representative Caruso offered the following:
 4
 5          Amendment
 6          Remove lines 62-235 and insert:
 7     licensed under part III of chapter 401 as a basic life support
 8     service or an advanced life support service and which has no
 9     for-profit subsidiaries, uses volunteers to provide services, is
10     not operating for pecuniary profit or financial gain, and does
11     not distribute to or inure to the benefit of its directors,
12     members, or officers any part of its assets or income.
13          Section 2.   Paragraph (a) of subsection (5) of section
14     316.072, Florida Statutes, is amended to read:
15          316.072    Obedience to and effect of traffic laws.—
16          (5)    AUTHORIZED EMERGENCY VEHICLES.—
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                                                    Bill No. HB 805   (2021)
       Amendment No. 1


17          (a)1.    The driver of an authorized emergency vehicle, when
18     responding to an emergency call, when in the pursuit of an
19     actual or suspected violator of the law, or when responding to a
20     fire alarm, but not upon returning from a fire;
21          2.    A medical staff physician or technician of a medical
22     facility licensed by the state or of a volunteer ambulance
23     service when responding to an emergency in the line of duty in
24     his or her privately owned vehicle, using red lights as
25     authorized in s. 316.2398; or
26          3.    The driver of an authorized law enforcement vehicle,
27     when conducting a nonemergency escort, to warn the public of an
28     approaching motorcade;
29
30     may exercise the privileges set forth in this section, but
31     subject to the conditions herein stated.
32          Section 3.    Subsection (3) of section 316.2397, Florida
33     Statutes, is amended to read:
34          316.2397    Certain lights prohibited; exceptions.—
35          (3)    Vehicles of the fire department and fire patrol,
36     including vehicles of volunteer firefighters as permitted under
37     s. 316.2398, may show or display red or red and white lights.
38     Vehicles of medical staff physicians or technicians of medical
39     facilities licensed by the state or of volunteer ambulance
40     services as authorized under s. 316.2398, ambulances as
41     authorized under this chapter, and buses and taxicabs as
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                                                    Bill No. HB 805   (2021)
       Amendment No. 1


42     authorized under s. 316.2399 may show or display red lights.
43     Vehicles of the fire department, fire patrol, police vehicles,
44     and such ambulances and emergency vehicles of municipal and
45     county departments, volunteer ambulance services, public service
46     corporations operated by private corporations, the Fish and
47     Wildlife Conservation Commission, the Department of
48     Environmental Protection, the Department of Transportation, the
49     Department of Agriculture and Consumer Services, and the
50     Department of Corrections as are designated or authorized by
51     their respective department or the chief of police of an
52     incorporated city or any sheriff of any county may operate
53     emergency lights and sirens in an emergency. Wreckers, mosquito
54     control fog and spray vehicles, and emergency vehicles of
55     governmental departments or public service corporations may show
56     or display amber lights when in actual operation or when a
57     hazard exists provided they are not used going to and from the
58     scene of operation or hazard without specific authorization of a
59     law enforcement officer or law enforcement agency. Wreckers must
60     use amber rotating or flashing lights while performing
61     recoveries and loading on the roadside day or night, and may use
62     such lights while towing a vehicle on wheel lifts, slings, or
63     under reach if the operator of the wrecker deems such lights
64     necessary. A flatbed, car carrier, or rollback may not use amber
65     rotating or flashing lights when hauling a vehicle on the bed
66     unless it creates a hazard to other motorists because of
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                                                    Bill No. HB 805   (2021)
       Amendment No. 1


67     protruding objects. Further, escort vehicles may show or display
68     amber lights when in the actual process of escorting
69     overdimensioned equipment, material, or buildings as authorized
70     by law. Vehicles owned or leased by private security agencies
71     may show or display green and amber lights, with either color
72     being no greater than 50 percent of the lights displayed, while
73     the security personnel are engaged in security duties on private
74     or public property.
75          Section 4.   Subsections (1), (2), and (4) of section
76     316.2398, Florida Statutes, are amended to read:
77          316.2398   Display or use of red or red and white warning
78     signals; motor vehicles of volunteer firefighters or medical
79     staff.—
80          (1)   A privately owned vehicle belonging to an active
81     firefighter member of a regularly organized volunteer
82     firefighting company or association, while en route to the fire
83     station for the purpose of proceeding to the scene of a fire or
84     other emergency or while en route to the scene of a fire or
85     other emergency in the line of duty as an active firefighter
86     member of a regularly organized firefighting company or
87     association, may display or use red or red and white warning
88     signals. A privately owned vehicle belonging to a medical staff
89     physician or technician of a medical facility licensed by the
90     state or of a volunteer ambulance service, while responding to
91     an emergency in the line of duty, may display or use red warning
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                                                     Bill No. HB 805   (2021)
        Amendment No. 1


 92     signals. Warning signals must be visible from the front and from
 93     the rear of such vehicle, subject to the following restrictions
 94     and conditions:
 95          (a)   No more than two red or red and white warning signals
 96     may be displayed.
 97          (b)   No inscription of any kind may appear across the face
 98     of the lens of the red or red and white warning signal.
 99          (c)   In order for an active volunteer firefighter to
100     display such red or red and white warning signals on his or her
101     vehicle, the volunteer firefighter must first secure a written
102     permit from the chief executive officers of the firefighting
103     organization to use the red or red and white warning signals,
104     and this permit must be carried by the volunteer firefighter at
105     all times while the red or red and white warning signals are
106     displayed.
107          (2)   A person who is not an active firefighter member of a
108     regularly organized volunteer firefighting company or
109     association or a physician or technician of the medical staff of
110     a medical facility licensed by the state or of a volunteer
111     ambulance service may not display on any motor vehicle owned by
112     him or her, at any time, any red or red and white warning
113     signals as described in subsection (1).
114          (4)   A physician or technician of the medical staff of a
115     medical facility licensed by the state or of a volunteer
116     ambulance service may not operate any red warning signals as
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                                                     Bill No. HB 805   (2021)
        Amendment No. 1


117     authorized in subsection (1), except when responding to an
118     emergency in the line of duty.
119          Section 5.   Section 401.211, Florida Statutes, is amended
120     to read:
121          401.211   Legislative intent.—The Legislature recognizes
122     that the systematic provision of emergency medical services
123     saves lives and reduces disability associated with illness and
124     injury. In addition, that system of care must be equally capable
125     of assessing, treating, and transporting children, adults, and
126     frail elderly persons. Further, it is the intent of the
127     Legislature to encourage the development and maintenance of
128     emergency medical services because such services are essential
129     to the health and well-being of all citizens of the state. The
130     Legislature finds that it is in the public interest to foster
131     the development of emergency medical services that address
132     religious sensitivities. In accordance with the Florida
133     Volunteer and Community Service Act of 2001, the Legislature
134     further recognizes the value of augmenting existing county and
135     municipal emergency medical services with those provided by
136     volunteer service organizations. The Legislature also recognizes
137     that the establishment of a comprehensive statewide injury-
138     prevention program supports state and community health systems
139     by further enhancing the total delivery system of emergency
140     medical services and reduces injuries for all persons. The
141     purpose of this part is to protect and enhance the public
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                                                     Bill No. HB 805   (2021)
        Amendment No. 1


142     health, welfare, and safety through the establishment of an
143     emergency medical services state plan, an advisory council, a
144     comprehensive statewide injury-prevention program, minimum
145     standards for emergency medical services personnel, vehicles,
146     services and medical direction, and the establishment of a
147     statewide inspection program created to monitor the quality of
148     patient care delivered by each licensed service and
149     appropriately certified personnel.
150          Section 6.   Subsection (22) is added to section 401.23,
151     Florida Statutes, to read:
152          401.23   Definitions.—As used in this part, the term:
153          (22)   "Volunteer ambulance service" means a faith-based,
154     not-for-profit corporation registered under chapter 617 which is
155     licensed by the department as a basic life support service or an
156     advanced life support service, is not a parent, subsidiary or
157     affiliate of, or related to any for-profit entity, and which
158     uses only unpaid volunteers to provide services, is not
159     operating for pecuniary profit or financial gain, and does not
160     distribute to or inure to the benefit of its directors,
161     volunteers, members, or officers, any part of its assets or
162     income.
163          Section 7.   Paragraph (d) of subsection (2) and subsection
164     (6) of section 401.25, Florida Statutes, are amended to read:
165          401.25   Licensure as a basic life support or an advanced
166     life support service.—
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 805   (2021)
        Amendment No. 1


167          (2)   The department shall issue a license for operation to
168     any applicant who complies with the following requirements:
169          (d)   The applicant has obtained a certificate of public
170     convenience and necessity from each county in which the
171     applicant will operate. In issuing the certificate of public
172     convenience and necessity, the governing body of each county
173     shall consider the recommendations of municipalities within its
174     jurisdiction. An applicant that is a first responder agency is
175     exempt from this requirement if it is a faith-based, not-for-
176     profit corporation registered under chapter 617 which has been
177     operating in this state for at least 10 consecutive years, has
178     no for-profit subsidiaries, uses volunteers to provide services,
179     is not operating for pecuniary profit or financial gain, and
180     does not distribute to or inure to the benefit of its directors,
181     members, or officers any part of its assets or income.
182          (6)(a)   The governing body of each county may adopt
183     ordinances that provide reasonable standards for certificates of
184     public convenience and necessity for basic or advanced life
185     support services and air ambulance services. In developing
186     standards for certificates of public convenience and necessity,
187     the governing body of each county must consider state
188     guidelines, recommendations of the local or regional trauma
189     agency created under chapter 395, and the recommendations of
190     municipalities within its jurisdiction.
191
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                                    Page 8 of 8
HB 1373
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1373 Rare Disease Advisory Council
SPONSOR(S): DuBose
TIED BILLS:       IDEN./SIM. BILLS: CS/HB 1373

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Rahming               McElroy

  2) Health Care Appropriations Subcommittee

  3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
In the United States (U.S), a rare disease is any condition that nationally affects fewer than 200,000 people.
There may be as many as 7,000 rare diseases impacting the lives of 25-30 million Americans and their
families. This estimate has been used by the rare disease community for several decades to highlight that
while individual diseases may be rare, the total number of people with a rare disease is large.

The National Organization for Rare Disorders, a non-profit patient advocacy organization dedicated to
individuals with rare diseases and the organizations that serve them, is working to establish a Rare Disease
Advisory Council (RDAC) in every state. Currently, 16 states have successfully established RDACs, but Florida
is not one of them.

HB 1373 creates the Rare Disease Advisory Council (Council) adjunct to the Department of Health (DOH). The
bill establishes the membership of the Council as well as the length of the members’ terms. The Council is
required to:
         • Consult with experts on rare diseases and solicit public comment to assist in developing
             recommendations on improving the treatment of rare diseases in this state.
         • Develop recommended strategies for academic research institutions in this state to facilitate
             continued research on rare diseases.
         • Develop recommended strategies for health care providers to be informed on how to more
             efficiently recognize and diagnose rare diseases in order to effectively treat patients.
         • Provide written input and feedback to the DOH, the Medicaid program, and other state agencies on
             specified matters.

HB 1373 requires the Council to first meet on October 1, 2021, and provide its recommendations to the
Governor and the State Surgeon General by July 1 of each year, beginning in 2022.

The bill has a significant, negative fiscal impact on the DOH. See Fiscal Comments.

The bill has no fiscal impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1373.PPH
DATE: 3/22/2021
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Rare Disease

        In the United States (U.S), a rare disease is any condition that nationally affects fewer than 200,000
        people. 1 There may be as many as 7,000 rare diseases impacting the lives of 25-30 million Americans
        and their families. 2 This estimate has been used by the rare disease community for several decades to
        highlight that while individual diseases may be rare, the total number of people with a rare disease is
        large. 3

        Nationally, only a few types of rare diseases are tracked when a person is diagnosed. 4 These include
        certain infectious diseases, birth defects, and cancers. It also includes the diseases on state newborn
        screening tests. 5 Because most rare diseases are not tracked, it is difficult to determine the exact
        number of rare diseases or how many people are affected. Researchers have made progress in
        learning how to diagnose, treat, and even prevent a variety of rare diseases, however, most rare
        diseases have no treatments. 6

        The National Institutes of Health (NIH) supports research to improve the health of people with rare
        diseases. 7 Many of the 27 Institutes and Centers at the NIH fund medical research for rare diseases,
        such as the National Center for Advancing Translational Sciences (NCATS), which focuses on getting
        new cures and treatments to all patients more quickly. 8 NCATS supports research through
        collaborative projects to study common themes and causes of related diseases. 9 This approach aims to
        speed the development of treatments that will eventually serve both rare and common diseases. 10

        Efforts to improve and bring to market treatments for rare diseases are coordinated by the Food and
        Drug Administration. 11 The Office of Orphan Products Development (OOPD) provides incentives for
        drug companies to develop treatments for rare diseases. 12 Between 1973 and 1983, fewer than 10
        treatments for rare diseases were approved. 13 Since 1983, the OOPD program has helped develop and
        bring to market more than 400 drugs and biologic products for rare diseases. 14

                 Rare Disease Advisory Council

        The National Organization for Rare Disorders (NORD), a non-profit patient advocacy organization
        dedicated to individuals with rare diseases and the organizations that serve them, is working to
        establish a Rare Disease Advisory Council (RDAC) in every state. An RDAC is an advisory body
        providing a platform for the rare disease community to have a stronger voice in state government. 15

1 U.S. Department of Health & Human Services, National Institutes of Health (NIH), FAQs About Rare Diseases,

https://rarediseases.info.nih.gov/diseases/pages/31/faqs-about-rare-
diseases#:~:text=In%20the%20United%20States%2C%20only,on%20state%20newborn%20screening%20tests. (last visited Mar. 18,
2021).
2 Id.
3 Id.
4 Id.
5 Id.
6 Id.
7 National Organization for Rare Diseases (NORD), Rare Disease Advisory Councils (RDACs): Project RDAC,

https://rarediseases.org/rdac-overview/ (last visited Mar. 18, 2021).
8 Id.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Id.
15 National Organization for Rare Diseases (NORD), Rare Disease Advisory Councils (RDACs): Project RDAC,

https://rarediseases.org/rdac-overview/ (last visited Mar. 18, 2021).
STORAGE NAME: h1373.PPH                                                                                         PAGE: 2
DATE: 3/22/2021
         RDACs address the needs of affected patients and families by giving stakeholders an opportunity to
         make recommendations to state leaders on critical issues including the need for increased awareness,
         diagnostic tools and access to affordable treatments and cures. 16 These councils are housed by a
         variety of organizations including departments of health, outside nonprofits, universities or grantees
         from departments of health. The types of RDACs include councils, task forces, advisory commissions,
         or work groups.

         Through the support of the NORD, alongside patient organizations and the other members of the rare
         disease community, momentum around RDACs is growing. In 2015, the first RDAC was created in
         North Carolina by patients, caregivers, families and providers. 17 Currently, there are 16 states with
         RDACs and 13 states with RDAC formation in progress: 18

                                                             RDACs by State




                     Advisory Councils in Florida

         In Florida, a statutorily created advisory council is appointed to function on a continuing basis for the
         study of the problems arising in a specified functional or program area of state government and to
         provide recommendations and policy alternatives 19. An advisory council specifically created as an
         adjunct to an executive agency is created only after being found to be necessary and beneficial to the
         furtherance of a public purpose and must be terminated by the Legislature when it is no longer
         necessary. 20


16 Id.
17 Id.
18 NORD, RDACs by State, https://rarediseases.org/rdac-overview/rdacs-by-state/ (last visited Mar. 18, 2021).
19 S. 20.03(7), F.S.
20 S. 20.052, F.S.

STORAGE NAME: h1373.PPH                                                                                         PAGE: 3
DATE: 3/22/2021
         Under current law, an advisory body may not be created unless: 21

              •    It meets a statutorily defined purpose;
              •    Its powers and responsibilities conform with the definitions for specified governmental units;
              •    Its members, unless expressly provided otherwise in the State Constitution, are appointed for
                   four-year staggered terms; and
              •    Its members, unless expressly provided otherwise by specific statutory enactment, serve
                   without additional compensation or honorarium, and are authorized to receive only per diem and
                   reimbursement for travel expenses as provided in s. 112.061, F.S.

         Private citizen members of an advisory body that is adjunct to an executive agency must be appointed
         by the Governor, the head of the department, the executive director of the department, or a Cabinet
         officer. 22 Unless exempt under law, all advisory council meetings are open to the public under s.
         286.011, F.S., and minutes, including a record of all votes cast, must be maintained for all meetings. 23

         If an advisory council adjunct to an executive agency is abolished, its records must be appropriately
         stored, within 30 days after the effective date of its abolition, by the executive agency to which it was
         adjunct, and any property assigned to it must be reclaimed by the executive agency. 24 An advisory
         council is prohibited from performing any activities after the effective date of its abolition. 25

         Florida currently does not have an RDAC. However, the Department of Health (DOH) supports existing
         councils to promote engagement with stakeholders regarding disabilities and development delays: 26

              •    The Genetics and Newborn Screening Advisory Council.
                      o This council includes a large array of expertise ranging from pediatricians, audiologists,
                          representatives from each of the four medical schools in this state, pediatric
                          hematologist, the Florida Hospital Association, as well as executive representation from
                          the DOH.
              •    The Florida Interagency Coordinating Council for Infants and Toddlers.
                      o This council advises and assists the Early Steps program with its implementation of the
                          Individuals with Disabilities Education Act, Part C, and includes representation from
                          public and private providers, the Agency for Health Care Administration, the Department
                          of Education, and parents.
              •    The Information Clearinghouse on Developmental Disabilities Advisory Council.
                      o This council provides resources to parents with children with developmental disabilities
                          via the Bright Expectations website.

         Effect of Proposed Changes

         HB 1373 creates s. 381.99, F.S., to establish the Rare Disease Advisory Council (Council). The Council
         is created as an adjunct to the DOH for the purpose of providing recommendations on ways to improve
         health outcomes for individuals with rare diseases, conditions that affect fewer than 200,000 people in
         the United States.

         The bill requires the Governor to appoint the following members to the Council:

              •    A representative of the Department of Health.
              •    A representative of the Agency for Health Care Administration.
              •    A representative of the Office of Insurance Regulation.
              •    A representative of the Department of Education.


21 S. 20.052(4), F.S.
22 S. 20.052(5)(a), F.S.
23 S. 20.052(5)(c), F.S.
24 S. 20.052(5)(d), F.S.
25 Id.
26 Florida Department of Health (DOH), 2021 Agency Legislative Bill Analysis for House Bill 1373, p. 2 (Mar. 1, 2021).

STORAGE NAME: h1373.PPH                                                                                                  PAGE: 4
DATE: 3/22/2021
           •   Two representatives from academic research institutions in this state which receive any grant
               funding for research regarding rare diseases.
           •   One geneticist practicing in this state.
           •   One registered nurse or advanced practice registered nurse who is licensed and practicing in
               this state with experience treating rare diseases.
           •   Two physicians who are licensed and practicing in this state with experience treating rare
               diseases.
           •   One hospital administrator from a hospital in this state which provides care to individuals
               diagnosed with rare diseases.
           •   Two individuals who are 18 years of age or older who have a rare disease.
           •   Two individuals who are caregivers of an individual with a rare disease.
           •   Two representatives of organizations operating in this state which provide care or other support
               for individuals with rare diseases.
           •   A pharmacist who is licensed and practicing in this state who has experience with drugs that are
               used to treat rare diseases.
           •   A representative of the biotechnology industry.
           •   A representative of health insurance companies.

       Members of the Council must be appointed by September 1, 2021, and are appointed for four-year
       terms except that specified members are initially appointed to two-year terms to stagger the
       appointments. The Council is required to hold its initial meeting by October 1, 2021, and may meet
       upon the call of the chair or upon the request of the majority of its members thereafter. The Council is
       authorized to meet electronically.

       The bill requires the Council to:

       •   Consult with experts on rare diseases and solicit public comment to assist in developing
           recommendations on improving the treatment of rare diseases in this state.
       •   Develop recommended strategies for academic research institutions in this state to facilitate
           continued research on rare diseases.
       •   Develop recommended strategies for health care providers to be informed on how to more
           efficiently recognize and diagnose rare diseases in order to effectively treat patients. The advisory
           council shall provide such strategies to the DOH for publication on the department’s website.
       •   Provide written input and feedback to the DOH, the Medicaid program, and other state agencies on
           specified matters.

       The DOH must provide staff and administrative support to the Council. The Council is required to
       submit a report to the DOH and the State Surgeon General by July 1 of each year, beginning in 2022,
       which describes the activities of the Council in the most recent year and its findings and
       recommendations regarding rare disease research and care.

       The bill provides an effective date of July 1, 2021.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 381.99, F.S., relating to the Rare Disease Advisory Council.
       Section 2: Provides an effective date of July 1, 2021.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:

STORAGE NAME: h1373.PPH                                                                                   PAGE: 5
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             The DOH will incur costs associated with staffing and supporting the Rare Disease Advisory
             Council. The DOH estimates one FTE will be required and requests $122,888 in recurring funds
             and $4,429 in nonrecurring funds for Fiscal Year 2021-2022. 27

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

    D. FISCAL COMMENTS:
         None.

                                                 III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. The bill does not appear to affect county or municipal governments.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         Not applicable. The bill does not require rulemaking.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.

                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




27 DOH, supra note 26, at 5.

STORAGE NAME: h1373.PPH                                                                               PAGE: 6
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           HB 1373                                                                                               2021




    1                                         A bill to be entitled
    2                An act relating to the Rare Disease Advisory Council;
    3                creating s. 381.99, F.S.; creating the advisory
    4                council adjunct to the Department of Health;
    5                specifying the purpose of the advisory council;
    6                providing for staff and administrative support;
    7                defining the term "rare disease"; specifying
    8                application of state law governing the establishment
    9                of advisory councils; prescribing the composition of
10                   the advisory council; providing for initial
11                   appointments to the advisory council by a specified
12                   date; providing organizational and other meeting
13                   requirements for the advisory council; prescribing
14                   duties and responsibilities of the advisory council;
15                   providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                   Section 1.       Section 381.99, Florida Statutes, is created to
20         read:
21                   381.99      Rare Disease Advisory Council.—
22                   (1)     The Rare Disease Advisory Council, an advisory council
23         as defined in s. 20.03(7), is created adjunct to the Department
24         of Health for the purpose of providing recommendations on ways
25         to improve health outcomes for individuals residing in this

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        HB 1373                                                                                               2021




26      state who have a rare disease. The department shall provide
27      staff and administrative support for the advisory council in the
28      carrying out of its duties and responsibilities. For purposes of
29      this section, the term "rare disease" means a condition that
30      affects fewer than 200,000 people in the United States. Except
31      as otherwise provided in this section, the advisory council
32      shall operate in a manner consistent with s. 20.052.
33                (2)     The advisory council is composed of the following
34      members appointed by the Governor:
35                (a)     A representative of the Department of Health.
36                (b)     A representative of the Agency for Health Care
37      Administration.
38                (c)     A representative of the Office of Insurance
39      Regulation.
40                (d)     A representative of the Department of Education.
41                (e)     Two representatives from academic research
42      institutions in this state which receive any grant funding for
43      research regarding rare diseases.
44                (f)     One geneticist practicing in this state.
45                (g)     One registered nurse or advanced practice registered
46      nurse who is licensed and practicing in this state with
47      experience treating rare diseases.
48                (h)     Two physicians who are licensed and practicing in this
49      state with experience treating rare diseases.
50                (i)     One hospital administrator from a hospital in this

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        HB 1373                                                                                               2021




51      state which provides care to individuals diagnosed with rare
52      diseases.
53                (j)     Two individuals who are 18 years of age or older who
54      have a rare disease.
55                (k)     Two individuals who are caregivers of an individual
56      with a rare disease.
57                (l)     Two representatives of organizations operating in this
58      state which provide care or other support for individuals with
59      rare diseases.
60                (m)     A pharmacist who is licensed and practicing in this
61      state who has experience with drugs that are used to treat rare
62      diseases.
63                (n)     A representative of the biotechnology industry.
64                (o)     A representative of health insurance companies.
65
66      Any vacancy on the advisory council shall be filled in the same
67      manner as the original appointment.
68                (3)     The initial members of the advisory council shall be
69      appointed by September 1, 2021. Each member shall be appointed
70      to a 4-year term of office. However, in order to achieve
71      staggered terms, the initial members appointed pursuant to
72      paragraphs (2)(a)-(i) shall be appointed to a 2-year term. The
73      Governor shall designate a chair and vice chair of the advisory
74      council from among its membership. The advisory council shall
75      meet for its initial meeting by October 1, 2021. Thereafter, the

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         HB 1373                                                                                               2021




76       advisory council may meet upon the call of the chair or upon the
77       request of a majority of its members. The advisory council may
78       meet via teleconferencing or other electronic means. Notices for
79       any scheduled meetings of the advisory council must be published
80       in advance on the department's website.
81                 (4)     The advisory council shall:
82                 (a)     Consult with experts on rare diseases and solicit
83       public comment to assist in developing recommendations on
84       improving the treatment of rare diseases in this state.
85                 (b)     Develop recommended strategies for academic research
86       institutions in this state to facilitate continued research on
87       rare diseases.
88                 (c)     Develop recommended strategies for health care
89       providers to be informed on how to more efficiently recognize
90       and diagnose rare diseases in order to effectively treat
91       patients. The advisory council shall provide such strategies to
92       the Department of Health for publication on the department's
93       website.
94                 (d)     Provide input and feedback in writing to the
95       department, the Medicaid program, and other state agencies on
96       matters that affect people who have been diagnosed with rare
97       diseases, including, but not limited to, pandemic or natural
98       disaster preparedness and response.
99                 (e)     By July 1 of each year, beginning in 2022, submit a
100      report to the Governor and the State Surgeon General which

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         HB 1373                                                                                               2021




101      describes the activities of the advisory council in the past
102      year and its findings and recommendations regarding rare disease
103      research and care. Additionally, the report must be made
104      available on the department's website.
105                Section 2.       This act shall take effect July 1, 2021.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1373   (2021)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:    Professions & Public
2      Health Subcommittee
3      Representative Plakon offered the following:
4
 5          Amendment
 6          Remove lines 34-72 and insert:
7      members:
8           (a)    As appointed by the Governor:
9           1.    A representative of the Department of Health.
10          2.    A representative of the Agency for Health Care
11     Administration.
12          3.    A representative of the Office of Insurance Regulation.
13          4.    A representative of the Department of Education.
14          5.    One geneticist practicing in this state.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1373    (2021)
       Amendment No. 1


15          6.    One registered nurse or advanced practice registered
16     nurse who is licensed and practicing in this state with
17     experience in treating rare diseases.
18          7.    One hospital administrator from a hospital in this
19     state which provides care to individuals diagnosed with rare
20     diseases.
21          8.    A pharmacist who is licensed and practicing in this
22     state who has experience with drugs that are used in the
23     treatment of rare diseases.
24          9.    A representative of the biotechnology industry.
25          10.    A representative of health insurance companies.
26          (b)    As appointed by the President of the Senate:
27          1.    A representative from an academic research institution
28     in this state which receives grant funding for research
29     regarding rare diseases.
30          2.    A physician who is licensed under chapter 458 or
31     chapter 459 and practicing in this state with experience in
32     treating rare diseases.
33          3.    An individual who is 18 years of age or older who has a
34     rare disease.
35          4.    An individual who is a caregiver of an individual with
36     a rare disease.
37          5.    A representative of an organization operating in this
38     state which provides care or other support to individuals with
39     rare diseases.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1373   (2021)
       Amendment No. 1


40          (c)    As appointed by the Speaker of the House of
41     Representatives:
42          1.    A representative from an academic research institution
43     in this state which receives grant funding for research
44     regarding rare diseases.
45          2.    A physician who is licensed under chapter 458 or
46     chapter 459 and practicing in this state with experience in
47     treating rare diseases.
48          3.    An individual who is 18 years of age or older who has a
49     rare disease.
50          4.    An individual who is a caregiver of an individual with
51     a rare disease.
52          5.    A representative of organizations in this state which
53     provide care or other support to individuals with rare diseases.
54     Any vacancy on the advisory council must be filled in the same
55     manner as the original appointment.
56          (3)    The initial members of the advisory council must be
57     appointed by September 1, 2021. Each member must be appointed to
58     a 4-year term of office. However, in order to achieve staggered
59     terms, each of the initial members appointed pursuant to
60     paragraph (2)(a) must be appointed to a 2-year term. The




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HB 1381
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1381 Maternal Health Outcomes
SPONSOR(S): Brown
TIED BILLS:       IDEN./SIM. BILLS: SB 1540

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Professions & Public Health Subcommittee                                               Rahming             McElroy

    2) Health Care Appropriations Subcommittee

    3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
The Department of Health Office of Minority Health and Health Equity administers multiple health promotion
programs including the “Closing the Gap” (CTG) grant program. The grant program was created by the
Legislature in 2000 to improve health outcomes and eliminate racial and ethnic health disparities in Florida by
providing grants to increase community-based health and disease prevention activities.

Grants are awarded for one year through a proposal process, and may be renewed annually subject to the
availability of funds and the grantee’s achievement of quality standards, objectives, and outcomes. Projects
funded through the CTG grant program must address racial and ethnic disparities associated with one or more
of the following priority areas:
    • Increasing adult and child immunization rates in certain racial and ethnic populations.
    • Improving neighborhood social determinates of health, such as transportation, safety, and food access.
    • Decreasing racial and ethnic disparities in maternal and infant mortality rates, oral health care, or
        morbidity and mortality rates related to cancer, HIV/AIDS, cardiovascular disease, diabetes,
        Alzheimer’s disease and related dementia, sickle cell disease, and Lupus.

HB 1381 allows the CTG grant program to fund projects directed at decreasing racial and ethnic disparities in
severe maternal morbidity and other maternal outcomes. The bill also adds maternal health programs to
existing community-based programs the DOH is required to coordinate with to avoid duplicative efforts and
promote consistency.

The bill creates telehealth minority maternity care pilot programs in Duval and Orange Counties, Florida, to
expand the capacity for positive maternal health outcomes in racial and ethnic minority populations. The bill
expands the definition of telehealth to include audio-only telephone calls, e-mail messages, and facsimiles
transmission for the purpose of the pilot programs. The pilot programs are required to use telehealth to provide
specified services and education to eligible pregnant women up to the last day of their postpartum period and
provide specified training to participating health care practitioners and other perinatal professionals.

The bill requires that legislative appropriated funds for the CTG grant program be used to fund the pilot
programs. The bill also requires that the DOH’s Division of Community Health Promotion and Office of Minority
Health and Health Equity work together to apply for available federal funds to assist in the implementation of
the bill.

The bill grants rulemaking authority to the DOH to implement the bill’s provisions.

The bill has an indeterminate, negative, significant impact on the DOH.

The bill has no fiscal impact on local governments.

The bill has an effective date of July 1, 2021.



This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1381.PPH
DATE: 3/22/2021
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

        Closing the Gap Program

        The Department of Health (DOH) Office of Minority Health and Health Equity (Office) is the coordinating
        office for consultative services in the areas of cultural and linguistic competency, partnership building,
        and program development and implementation to address the heath needs of Florida's minority and
        underrepresented populations statewide. The Office administers multiple health promotion programs
        including the “Closing the Gap” (CTG) grant program. 1 In 2000, the Legislature created the CTG grant
        program to improve health outcomes and eliminate racial and ethnic health disparities in Florida by
        providing grants to increase community-based health and disease prevention activities. 2

        Currently, the DOH is required to coordinate with existing community-based programs to avoid
        duplicative efforts and promote consistency, such as: 3

             •   Chronic disease intervention programs;
             •   Cancer prevention ad control programs;
             •   Diabetes control programs;
             •   The Healthy Start program;
             •   The Florida Kidcare Program;
             •   The HIV/AIDS program;
             •   Immunization programs; and
             •   Other related programs at the state and local levels.

        Grant Proposals

        Grants are awarded for one year through a proposal process, and may be renewed annually subject to
        the availability of funds and the grantee’s achievement of quality standards, objectives, and outcomes. 4
        Proposals for grants must identify: 5
            • The purpose and objectives of the proposed project, including the particular racial or ethnic
               disparity the project will address from one or more of the following priority areas:
                   o Increasing adult and child immunization rates in certain racial and ethnic populations;
                   o Improving neighborhood social determinates of health, such as transportation, safety,
                         and food access, as outlined by the Centers for Disease Control and Prevention (CDC),
                         or
                   o Decreasing racial and ethnic disparities in:
                              Maternal and infant mortality rates;
                              Morbidity and mortality rates relating to cancer;
                              Morbidity and mortality rates relating to HIV/AIDS;
                              Morbidity and mortality rates relating to cardiovascular disease;
                              Morbidity and mortality rates relating to diabetes;
                              Morbidity and mortality rates relating to sickle cell disease;
                              Morbidity and mortality rates relating to Lupus; or
                              Oral health care.
            • The target population and its relevance;

1 Florida Department of Health, Minority Health, http://www.floridahealth.gov/%5C/programs-and-services/minority-health/index.html

(last visited Mar. 15, 2021).
2 Ss. 381.7353–381.7356, F.S.
3 S. 381.7353, F.S.
4 S. 381.7356(4), F.S.
5 S. 381.7355, F.S.

STORAGE NAME: h1381.PPH                                                                                                       PAGE: 2
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             •    Methods for obtaining baseline health status data and assessment of community health needs;
             •    Mechanisms for mobilizing community resources and gaining local commitment;
             •    Development and implementation of health promotion and disease prevention interventions;
             •    Mechanisms and strategies for evaluating the project’s objectives, procedures, and outcomes;
             •    A proposed work plan, including a timeline for implementing the project; and
             •    The likelihood that project activities will occur and continue in the absence of funding. 6

         Grant Funding

         The amount of award per applicant may vary, as awards are based on the merit of the grant application
         and there are no minimum or maximum amounts for grant awards. 7 Projects receiving grants are
         required to provide local matching funds of one dollar for every three dollars awarded. 8 In counties with
         populations greater than 50,000, up to 50 percent of the local matching funds may be in-kind in the
         form of free services or human resources. 9 In counties with populations of 50,000 or less, local
         matching funds may be provided entirely through in-kind contributions. 10

         Social Determinants of Health

         Healthy People 2020 is an initiative of the U.S. Department of Health and Human Services that
         provides 10-year national objectives for improving the health of Americans. 11 This initiative highlights
         the importance of social determinants of health as one of its overarching goals. 12 Social determinants of
         health (SDOH) refer to the conditions in the places where people live, learn, and play that have an
         effect on health risks outcomes. 13 Examples of social determinants include access to health care
         services, public safety, social norms and attitudes, access to educational, economic, and job
         opportunities, residential segregation, and quality of education and job training. 14 Healthy People
         2020’s five key areas of SDOH are: 15

             •    Economic stability;
             •    Education;
             •    Social and community context;
             •    Health and health care; and
             •    Neighborhood and built environment.

         The CDC has also developed a web-based toolkit to help practitioners recognize the root causes that
         can affect the health of a population. 16


         Maternal Health Outcomes

         The well-being of women, children, and families determines the health of future generations. Life events
         influence maternal and child health risks and outcomes. Racial and ethnic differences in maternal


6 Id.
7 S. 381.7356(4), F.S. See also, Florida Department of Health, Application Guidelines FY 2021-2023, available at

http://www.floridahealth.gov/about/administrative-functions/purchasing/grant-funding-opportunities/RFA20-005.pdf (last visited Mar. 15,
2021).
8 S. 381.7356(2), F.S.
9 S. 381.7356(2)(a), F.S.
10 S. 381.7356(2)(b), F.S.
11 U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion, About Healthy People,

http://www.healthypeople.gov/2020/About-Healthy-People (last visited Mar. 15, 2021).
12 U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion, Social Determinants of Health,

http://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-of-health (last visited on Mar. 15, 2021).
13 Centers for Disease Control and Prevention (CDC), Social Determinants of Health: Know What Affects Health (rev. Mar. 9, 2021),

http://www.cdc.gov/socialdeterminants/index.htm (last visited Mar. 15, 2019).
14 Supra note 12.
15 Id.
16 CDC, Tools for Putting Social Determinants of Health into Action, (rev. Mar. 9, 2021),

http://www.cdc.gov/socialdeterminants/tools/index.htm (last visited Mar. 15, 2019).
STORAGE NAME: h1381.PPH                                                                                                        PAGE: 3
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         health outcomes, such as maternal and infant mortality and severe maternal morbidity, can predict
         future public health challenges for families, communities and the health care system.

                  Maternal Mortality

         Maternal mortality refers to deaths occurring during pregnancy or within 42 days of the end of
         pregnancy, regardless of the duration of the pregnancy, from any cause related to or aggravated by the
         pregnancy, but not from accidental or incidental causes. 17 Late maternal deaths
         (occurring between 43 days and 1 year of death) are not included as part of the World Heath
         Organization’s (WHO) definition of maternal mortality. 18 Approximately 700 women die each year in the
         United States (U.S.) as a result of pregnancy or delivery complications. 19 The national maternal
         mortality rate is 17.4 deaths per 100,000 live births. 20 Racial and ethnic gaps exist between non-
         Hispanic black, non-Hispanic white, and Hispanic women. The maternal mortality rate of these groups
         is 37.3, 14.9, and 11.8 deaths per 100,000 live births, respectively. 21

                           Maternal Mortality in Florida

         Overall, Florida’s maternal mortality rate has been decreasing and consistently below the national rate
         within recent years. As of 2018, the maternal mortality rate in Florida is 16.3 deaths per 100,000 live
         births, a decrease from a high of 26.2 per 100,000 live births in 2009: 22

                         Pregnancy-Related Mortality Rates United States & Florida, 2008 – 2018




                  Severe Maternal Morbidity

         A significant number of women in the U.S. experience severe maternal morbidity, or severe
         complications from labor and delivery that start after they leave the hospital. 23 Severe maternal

17 U.S. Department of Health and Human Services, The Surgeon General’s Call to Action to Improve Maternal Health, (Dec. 2020),

https://www.hhs.gov/sites/default/files/call-to-action-maternal-health.pdf (last visited Mar. 16, 2021).
18 Id.
19 CDC, Maternal Mortality, https://www.cdc.gov/reproductivehealth/maternal-mortality/index.html (last visited Mar. 16, 2021).
20 CDC, National Center for Health Statistics, Maternal Mortality, https://www.cdc.gov/nchs/maternal-mortality/index.htm (last visited

Mar. 16, 2021).
21 Id.
22 Presentation by Dr. William M. Sappenfield, MD, MPH, CPH, Professor and Director, Florida Perinatal Quality Collaborative, Feb. 3,

2021 meeting of the House Health and Human Services Committee (on file with Finance and Facilities Subcommittee staff).
23 CDC, Severe Maternal Morbidity after Delivery Discharge among U.S. Women, 2010-2014,

https://www.cdc.gov/reproductivehealth/maternalinfanthealth/smm/smm-after-delivery-discharge-among-us-women/index.htm (last
visited Mar. 16, 2021).
STORAGE NAME: h1381.PPH                                                                                                        PAGE: 4
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         morbidity (SMM), which includes unexpected outcomes of labor and delivery that result in significant
         short- or long-term consequences to a woman’s health, affected more than 50,000 women in the U.S.
         in 2014 and has been steadily increasing in recent years. 24

         Although it is unclear why SMM rates are increasing, changes in the overall health of the population of
         women giving birth, including increases in maternal age, pre-pregnancy obesity, preexisting chronic
         medical conditions, and cesarean delivery, have been documented as possible contributors to
         increases in complications. 25 The consequences of the increasing SMM prevalence, in addition to the
         health effects for the woman, are wide-ranging and include increased medical costs and longer
         hospitalization stays. 26

         The most common SMM indicators after delivery discharge are: 27

             •    Blood transfusion
             •    Pulmonary edema/ acute heart failure
             •    Sepsis
             •    Adult respiratory distress syndrome
             •    Air and thrombotic embolism
             •    Eclampsia
             •    Puerperal cerebrovascular disorders
             •    Acute Renal Failure

         The overall SMM rate increased almost 200% over the years, from 49.5 in 1993 to 144.0 in 2014. This
         increase has been mostly driven by blood transfusions, which increased from 24.5 in 1993 to 122.3 in
         2014. After excluding blood transfusions, the SMM rate increased by about 20% over time, from 28.6 in
         1993 to 35.0 in 2014.




24 CDC, Severe Maternal Morbidity in the United States,

https://www.cdc.gov/reproductivehealth/maternalinfanthealth/severematernalmorbidity.html (last visited Mar. 16, 2021). 2014 is the
most recent year for which data are available on a national level.
25 Id.
26 Id.
27 CDC, supra note 23.

STORAGE NAME: h1381.PPH                                                                                                        PAGE: 5
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                     The following figure shows the trend over time for SMM rates in the U.S.
                     per 10,000 delivery hospitalizations from 1993–2014:




                        Impact in Racial and Ethnic Minority Populations

       Nationwide, racial disparities in SMM after delivery discharge persist. Among deliveries insured by
       Medicaid, the odds of SMM among Black women are about 1.7 times more likely than White women. 28

       In Florida, complications during pregnancy or delivery reveal similar racial and ethnic disparities in
       SMM: 29

                    Severe Maternal Morbidity, Rate Per 1,000 Delivery Hospitalizations,
                                                2013-2019
          35

          30

          25

          20

          15

          10

           5

           0
                          2013-2015                          2015-2017                      2017-2019

                               All Races/Ethincity   White      Black    Hispanic   Non-Hispanic


        In 2013-2015, Black women in Florida were 1.9 times more likely than White women to have SMM, with
        their SMM rate being 29.1 per 1,000 delivery hospitalizations, compared to 15.5 for White women.
        Though the overall SMM rate decreased by 2019, Black women were still 1.7 times more likely than

28 CDC, Reproductive Health, Severe Maternal Morbidity after Delivery Discharge among U.S. Women, 2010-2014,

https://www.cdc.gov/reproductivehealth/maternalinfanthealth/smm/smm-after-delivery-discharge-among-us-women/index.htm (last
visited Mar. 16, 2021).
29 Data compiled by Florida House of Representatives, Health & Human Services Committee staff, using information from the Florida

Department of Health, Severe Maternal Morbidity, available at
http://www.flhealthcharts.com/charts/OtherIndicators/NonVitalIndDataViewer.aspx?cid=0867 (last visited Mar. 16, 2021).
STORAGE NAME: h1381.PPH                                                                                                     PAGE: 6
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         White women to have SMM, with their SMM rate being 25.9 per 1,000 delivery hospitalizations,
         compared to 14.9 for White women.

         Unlike decreasing racial and ethnic disparities in maternal and infant mortality rates, decreasing such
         disparities for severe maternal morbidity is currently not one of the CTG grant program’s priority areas.

         Telehealth

         As of July 1, 2019, Florida licensed health care professionals, as well as those licensed under a
         multistate health care licensure compact of which Florida is a member, are authorized to use telehealth
         to deliver health care services within their respective scopes of practice. 30 Currently, telehealth does
         not include audio-only telephone calls, e-mail messages, or facsimile transmission.

         Effect of Proposed Changes

         HB 1381 adds decreasing racial and ethnic disparities in severe morbidity rates and other maternal
         health outcomes as a “Closing the Gap” grant program priority area, allowing the CTG grant program to
         fund projects directed at decreasing these disparities.

         The bill adds maternal health programs to existing community-based programs the DOH is required to
         coordinate with to avoid duplicative efforts and promote consistency.

         The bill also creates telehealth minority maternity care pilot programs in Duval and Orange Counties,
         Florida, to expand the capacity for positive maternal health outcomes in racial and ethnic minority
         populations. The bill requires the DOH, by July 1, 2022, to direct and assist these two county health
         departments to implement the programs.

         The pilot programs are required to use telehealth, which the bill expands to include audio-only
         telephone calls, e-mail messages, and facsimiles transmission, to provide the following services and
         education to eligible pregnant women up to the last day of their postpartum period, as applicable:

              •      Services and education addressing health social determinants;
              •      Evidence-based health literacy and pregnancy, childbirth, and parenting education for women in
                     the prenatal and postpartum periods;
              •      For women during their pregnancies through the postpartum periods, connection to support
                     from doulas and other perinatal health workers; and
              •      Medical devices to conduct key components of maternal wellness checks.

         The bill requires the pilot programs to provide specified training to participating health care practitioners
         and other perinatal professionals.

         The bill grants discretionary rulemaking authority to the DOH to implement the bill’s provisions.

         The bill establishes an effective date of July 1, 2021.

    B. SECTION DIRECTORY:
         Section 1:         Amends s. 381.7353, F.S., relating to reducing racial and ethnic health disparities:
                            Closing the Gap grant program; administration; department duties.
         Section 2:         Amends s. 381.7355, F.S., relating to project requirements; review criteria.
         Section 3:         Creates s. 383.2163, F.S., relating to telehealth minority care pilot programs.
         Section 4:         Provides an effective date of July 1, 2021.




30 S. 456.47, F.S.

STORAGE NAME: h1381.PPH                                                                                            PAGE: 7
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                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None. SMM and other maternal health outcomes proposals will compete with other proposals for
           existing grant funds.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.




   D. FISCAL COMMENTS:
       The bill requires that legislative appropriated funds for the Closing the Gap grant program be used to
       fund the pilot programs. The 2020-2021 GAA provided $4,850,354 in recurring GR for Minority Health
       Initiatives, which includes the CTG grant program. (Specific Appropriation 429).

       The bill requires that the DOH’s Division of Community Health Promotion and its Office of Minority
       Health and Health Equity work together to apply for available federal funds to assist in the
       implementation of the bill.

       Adding severe maternal morbidity and other maternal health outcomes as a priority area may reduce
       awards for other areas.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill provides sufficient rulemaking authority to the DOH to implement the bill’s provisions.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
STORAGE NAME: h1381.PPH                                                                                   PAGE: 8
DATE: 3/22/2021
                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1381.PPH                                                  PAGE: 9
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           HB 1381                                                                                               2021




    1                                         A bill to be entitled
    2                An act relating to maternal health outcomes; amending
    3                s. 381.7353, F.S.; revising the Department of Health's
    4                duties under the Closing the Gap grant program;
    5                amending s. 381.7355, F.S.; revising the requirements
    6                for Closing the Gap grant proposals; creating s.
    7                383.2163, F.S.; requiring the department to establish
    8                telehealth minority maternity care pilot programs in
    9                Duval County and Orange County by a specified date;
10                   defining terms; providing program purposes; requiring
11                   the pilot programs to provide specified telehealth
12                   services to eligible pregnant women for a specified
13                   period; requiring pilot programs to train
14                   participating health care practitioners and perinatal
15                   professionals on specified topics; providing for
16                   funding for the pilot programs; requiring the
17                   department's Division of Community Health Promotion
18                   and Office of Minority Health and Health Equity to
19                   apply for certain federal funding; authorizing the
20                   department to adopt rules; providing an effective
21                   date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                   Section 1.       Paragraph (e) of subsection (2) of section

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        HB 1381                                                                                               2021




26      381.7353, Florida Statutes, is amended to read:
27                381.7353        Reducing Racial and Ethnic Health Disparities:
28      Closing the Gap grant program; administration; department
29      duties.—
30                (2)      The department shall:
31                (e)      Coordinate with existing community-based programs,
32      such as chronic disease community intervention programs, cancer
33      prevention and control programs, diabetes control programs, the
34      Healthy Start program, the Florida Kidcare Program, the HIV/AIDS
35      program, immunization programs, maternal health programs, and
36      other related programs at the state and local levels, to avoid
37      duplication of effort and promote consistency.
38                Section 2.       Paragraph (a) of subsection (2) of section
39      381.7355, Florida Statutes, is amended to read:
40                381.7355        Project requirements; review criteria.—
41                (2)      A proposal must include each of the following
42      elements:
43                (a)      The purpose and objectives of the proposal, including
44      identification of the particular racial or ethnic disparity the
45      project will address. The proposal must address one or more of
46      the following priority areas:
47                1.      Decreasing racial and ethnic disparities in maternal
48      and infant mortality rates.
49                2.      Decreasing racial and ethnic disparities in severe
50      maternal morbidity rates and other maternal health outcomes.

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        HB 1381                                                                                               2021




51                3.      Decreasing racial and ethnic disparities in morbidity
52      and mortality rates relating to cancer.
53                4.3.        Decreasing racial and ethnic disparities in morbidity
54      and mortality rates relating to HIV/AIDS.
55                5.4.        Decreasing racial and ethnic disparities in morbidity
56      and mortality rates relating to cardiovascular disease.
57                6.5.        Decreasing racial and ethnic disparities in morbidity
58      and mortality rates relating to diabetes.
59                7.6.        Increasing adult and child immunization rates in
60      certain racial and ethnic populations.
61                8.7.        Decreasing racial and ethnic disparities in oral
62      health care.
63                9.8.        Decreasing racial and ethnic disparities in morbidity
64      and mortality rates relating to sickle cell disease.
65                10.9.       Decreasing racial and ethnic disparities in
66      morbidity and mortality rates relating to Lupus.
67                11.10.       Decreasing racial and ethnic disparities in
68      morbidity and mortality rates relating to Alzheimer's disease
69      and dementia.
70                12.11.       Improving neighborhood social determinants of
71      health, such as transportation, safety, and food access, as
72      outlined by the Centers for Disease Control and Prevention's
73      "Tools for Putting Social Determinants of Health into Action."
74                Section 3.        Effective January 1, 2022, section 383.2163,
75      Florida Statutes, is created to read:

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         HB 1381                                                                                               2021




76                 383.2163        Telehealth minority maternity care pilot
77       programs.—By July 1, 2022, the department shall establish a
78       telehealth minority maternity care pilot program in Duval County
79       and Orange County which uses telehealth to expand the capacity
80       for positive maternal health outcomes in racial and ethnic
81       minority populations. The department shall direct and assist the
82       county health departments in Duval County and Orange County to
83       implement the programs.
84                 (1)     DEFINITIONS.—As used in this section, the term:
85                 (a)     "Department" means the Department of Health.
86                 (b)     "Eligible pregnant woman" means a pregnant woman who
87       is receiving, or is eligible to receive, maternal or infant care
88       services from the department under chapter 381 or chapter 383.
89                 (c)     "Health care practitioner" has the same meaning as in
90       s. 456.001.
91                 (d)     "Health professional shortage area" means a geographic
92       area designated as such by the Health Resources and Services
93       Administration of the United States Department of Health and
94       Human Services.
95                 (e)     "Indigenous population" means any Indian tribe, band,
96       or nation or other organized group or community of Indians
97       recognized as eligible for services provided to Indians by the
98       United States Secretary of the Interior because of their status
99       as Indians, including any Alaskan native village as defined in
100      43 U.S.C. s. 1602(c), the Alaska Native Claims Settlement Act,

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         HB 1381                                                                                               2021




101      as that definition existed on the effective date of this act.
102                (f)     "Maternal mortality" means a death occurring during
103      pregnancy or the postpartum period which is caused by pregnancy
104      or childbirth complications.
105                (g)     "Medically underserved population" means the
106      population of an urban or rural area designated by the United
107      States Secretary of Health and Human Services as an area with a
108      shortage of personal health care services or a population group
109      designated by the United States Secretary of Health and Human
110      Services as having a shortage of such services.
111                (h)     "Perinatal professionals" means doulas, childbirth
112      educators, community health workers, peer supporters, certified
113      lactation consultants, nutritionists and dietitians, social
114      workers, and other licensed and nonlicensed professionals who
115      assist women through their prenatal or postpartum periods.
116                (i)     "Postpartum" means the 1-year period beginning on the
117      last day of a woman's pregnancy.
118                (j)     "Severe maternal morbidity" means an unexpected
119      outcome caused by a woman's labor and delivery which results in
120      significant short-term or long-term consequences to the woman's
121      health.
122                (k)     "Technology-enabled collaborative learning and
123      capacity building model" means a distance health care education
124      model that connects health care professionals, particularly
125      specialists, with other health care professionals through

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         HB 1381                                                                                               2021




126      simultaneous interactive videoconferencing for the purpose of
127      facilitating case-based learning, disseminating best practices,
128      and evaluating outcomes in the context of maternal health care.
129                (l)      "Telehealth" has the same meaning as in s. 456.47 but
130      includes audio-only telephone calls, e-mail messages, and
131      facsimile transmissions.
132                (2)      PURPOSE.—The purpose of the pilot programs is to:
133                (a)      Expand the use of technology-enabled collaborative
134      learning and capacity building models to improve maternal health
135      outcomes for the following populations and demographics:
136                1.      Ethnic and minority populations.
137                2.      Health professional shortage areas.
138                3.      Areas with significant racial and ethnic disparities in
139      maternal health outcomes and high rates of adverse maternal
140      health outcomes, including, but not limited to, maternal
141      mortality and severe maternal morbidity.
142                4.      Medically underserved populations.
143                5.      Indigenous populations.
144                (b)      Provide for the adoption of and use of telehealth
145      services that allow for screening and treatment of common
146      pregnancy-related complications, including, but not limited to,
147      anxiety, depression, substance use disorder, hemorrhage,
148      infection, amniotic fluid embolism, thrombotic pulmonary or
149      other embolism, hypertensive disorders relating to pregnancy,
150      diabetes, cerebrovascular accidents, cardiomyopathy, and other

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         HB 1381                                                                                               2021




151      cardiovascular conditions.
152                (3)      TELEHEALTH SERVICES AND EDUCATION.—The pilot programs
153      shall adopt the use of telehealth to provide all of the
154      following services and education to eligible pregnant women up
155      to the last day of their postpartum periods, as applicable:
156                (a)      Services and education addressing social determinants
157      of health, including, but not limited to, all of the following:
158                1.      Housing placement options.
159                2.      Transportation services or information on how to access
160      such services.
161                3.      Nutrition counseling.
162                4.      Access to healthy foods.
163                5.      Lactation support.
164                6.      Lead abatement and other efforts to improve air and
165      water quality.
166                7.      Child care options.
167                8.      Car seat installation and training.
168                9.      Wellness and stress management programs.
169                10.      Coordination across safety net and social support
170      services and programs.
171                (b)      Evidence-based health literacy and pregnancy,
172      childbirth, and parenting education for women in the prenatal
173      and postpartum periods.
174                (c)      For women during their pregnancies through the
175      postpartum periods, connection to support from doulas and other

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         HB 1381                                                                                               2021




176      perinatal health workers.
177                (d)      Tools to conduct key components of maternal wellness
178      checks, including, but not limited to, all of the following:
179                1.      A device to measure body weight, such as a scale.
180                2.      A device to measure blood pressure which has a verbal
181      reader to assist the pregnant woman in reading the device and to
182      ensure that the health care practitioner performing the wellness
183      check through telehealth is able to hear the reading.
184                3.      A device to measure blood sugar levels with a verbal
185      reader to assist the pregnant woman in reading the device and to
186      ensure that the health care practitioner performing the wellness
187      check through telehealth is able to hear the reading.
188                4.      Any other device that the health care practitioner
189      performing wellness checks through telehealth deems necessary to
190      ensure an accurate assessment of pregnant women participating in
191      the program is conducted.
192                (4)      TRAINING.—The pilot programs shall provide training to
193      participating health care practitioners and other perinatal
194      professionals on all of the following:
195                (a)      Implicit and explicit biases, racism, and
196      discrimination in the provision of maternity care and how to
197      eliminate these barriers to accessing adequate and competent
198      maternity care.
199                (b)      The use of remote patient monitoring tools for
200      pregnancy-related complications.

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         HB 1381                                                                                               2021




201                (c)      How to screen for social determinants of health risks
202      in the prenatal and postpartum periods, such as inadequate
203      housing, lack of access to nutritional foods, environmental
204      risks, transportation barriers, and lack of continuity of care.
205                (d)      Best practices in screening for and, as needed,
206      evaluating and treating maternal mental health conditions and
207      substance use disorders.
208                (e)      Information collection, recording, and evaluation
209      activities to:
210                1.      Study the impact of the pilot program;
211                2.      Ensure access to and the quality of care;
212                3.      Evaluate patient outcomes as a result of the pilot
213      program;
214                4.      Measure patient experience; and
215                5.      Identify best practices for the future expansion of the
216      pilot program.
217                (5)     FUNDING.—The pilot programs shall be funded using
218      funds appropriated by the Legislature for the Closing the Gap
219      grant program. The department's Division of Community Health
220      Promotion and Office of Minority Health and Health Equity shall
221      also work in partnership to apply for federal funds that are
222      available to assist the department in accomplishing the
223      program's purpose and successfully implementing the pilot
224      programs.
225                (6)      RULES.—The department may adopt rules to implement

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         HB 1381                                                                                               2021




226      this section.
227                Section 4.       This act shall take effect July 1, 2021.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1381    (2021)
       Amendment No. 1




              COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Professions & Public
2      Health Subcommittee
3      Representative Brown offered the following:
4
 5            Amendment
 6            Remove lines 111-191 and insert:
7       (h)    "Perinatal professionals" means doulas, Healthy Start and
8      home visiting programs, childbirth educators, community health
9      workers, peer supporters, certified lactation consultants,
10     nutritionists and dietitians, social workers, and other licensed
11     and nonlicensed professionals who assist women through their
12     prenatal or postpartum periods.
13            (i)   "Postpartum" means the 1-year period beginning on the
14     last day of a woman's pregnancy.
15            (j)   "Severe maternal morbidity" means an unexpected
16     outcome caused by a woman's labor and delivery which results in
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1381   (2021)
       Amendment No. 1


17     significant short-term or long-term consequences to the woman's
18     health.
19          (k)   "Technology-enabled collaborative learning and
20     capacity building model" means a distance health care education
21     model that connects health care professionals, particularly
22     specialists, with other health care professionals through
23     simultaneous interactive videoconferencing for the purpose of
24     facilitating case-based learning, disseminating best practices,
25     and evaluating outcomes in the context of maternal health care.
26          (2)   PURPOSE.—The purpose of the pilot programs is to:
27          (a)   Expand the use of technology-enabled collaborative
28     learning and capacity building models to improve maternal health
29     outcomes for the following populations and demographics:
30          1.    Ethnic and minority populations.
31          2.    Health professional shortage areas.
32          3.    Areas with significant racial and ethnic disparities in
33     maternal health outcomes and high rates of adverse maternal
34     health outcomes, including, but not limited to, maternal
35     mortality and severe maternal morbidity.
36          4.    Medically underserved populations.
37          5.    Indigenous populations.
38          (b)   Provide for the adoption of and use of telehealth
39     services that allow for screening and treatment of common
40     pregnancy-related complications, including, but not limited to,
41     anxiety, depression, substance use disorder, hemorrhage,
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1381   (2021)
       Amendment No. 1


42     infection, amniotic fluid embolism, thrombotic pulmonary or
43     other embolism, hypertensive disorders relating to pregnancy,
44     diabetes, cerebrovascular accidents, cardiomyopathy, and other
45     cardiovascular conditions.
46          (3)    TELEHEALTH SERVICES AND EDUCATION.—The pilot programs
47     shall adopt the use of telehealth or coordinate with prenatal
48     home visiting programs for services to provide all of the
49     following services and education to eligible pregnant women up
50     to the last day of their postpartum periods, as applicable:
51          (a) Referrals to Healthy Start’s coordinated intake and
52     referral program to offer families prenatal home visiting
53     services.
54          (b) Services and education addressing social determinants
55     of health, including, but not limited to, all of the following:
56          1.    Housing placement options.
57          2.    Transportation services or information on how to access
58     such services.
59          3.    Nutrition counseling.
60          4.    Access to healthy foods.
61          5.    Lactation support.
62          6.    Lead abatement and other efforts to improve air and
63     water quality.
64          7.    Child care options.
65          8.    Car seat installation and training.
66          9.    Wellness and stress management programs.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1381    (2021)
       Amendment No. 1


67          10.    Coordination across safety net and social support
68     services and programs.
69          (c)    Evidence-based health literacy and pregnancy,
70     childbirth, and parenting education for women in the prenatal
71     and postpartum periods.
72          (d)    For women during their pregnancies through the
73     postpartum periods, connection to support from doulas and other
74     perinatal health workers.
75          (e)    Tools for prenatal women to conduct key components of
76     maternal wellness checks, including, but not limited to, all of
77     the following:
78          1.    A device to measure body weight, such as a scale.
79          2.    A device to measure blood pressure which has a verbal
80     reader to assist the pregnant woman in reading the device and to
81     ensure that the health care practitioner performing the wellness
82     check through telehealth is able to hear the reading.
83          3.    A device to measure blood sugar levels with a verbal
84     reader to assist the pregnant woman in reading the device and to
85     ensure that the health care practitioner performing the wellness
86     check through telehealth is able to hear the reading.
87          4.    Any other device that the health care practitioner
88     performing wellness checks through telehealth deems necessary.




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HB 1483
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1483 Solicitation of Non-medical Services
SPONSOR(S): Yarborough
TIED BILLS:       IDEN./SIM. BILLS: SB 1992

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Criminal Justice & Public Safety Subcommittee                 18 Y, 0 N                Padgett             Hall

    2) Professions & Public Health Subcommittee                                               Guzzo               McElroy

    3) Judiciary Committee

                                               SUMMARY ANALYSIS
In 2019, the Federal Trade Commission (FTC) noted that the Food and Drug Administration’s Adverse Event
Reporting System contained reports of consumers who had viewed advertisements by law firms and personal injury
lead generating companies about the prescription drugs they were taking. Multiple consumers reported
discontinuing taking such medications and suffering adverse consequences as a result. The FTC warned that
advertisements that cause, or are likely to cause, viewers to discontinue prescription medications may constitute an
unfair act or practice under Federal law.
HB 1483 prohibits as a deceptive and unfair trade practice a solicitation for a non-medical professional service from
containing certain terminology and requires an advertisement to contain specified disclaimers. Specifically, the bill
prohibits a person who submits or approves for submittal a non-medical solicitation for professional services for
publication, broadcast, or dissemination, or who pays for or otherwise sponsors such solicitation for professional
services from:
    • Failing to clearly disclose the nature of the message as a paid advertisement for non-medical services at the
        outset of the advertisement.
    • Failing to disclose the sponsor of the advertisement.
    • Including terminology implying that the advertisement is a “medical alert,” “health alert,” “consumer alert,”
        “public service announcement,” or similar public alert or announcement.
    • Displaying a federal or state government agency logo in a manner that implies affiliation with that agency.
    • Implying that a product has been recalled when the product has not been recalled.
    • Failing to clearly and conspicuously disclose the individual or entity that will provide professional services to
        a person responding to the advertisement or how such person will be otherwise referred.
    • Failing to clearly warn a person taking a prescribed medication or using a medical device to not stop taking
        the medication or using the medical device without consulting his or her doctor.
    • Failing to clearly disclose that a drug or medical device referenced in the advertisement remains approved
        by the Food and Drug Administration, unless the product is recalled or withdrawn.
A disclosure required under the bill must be presented in a manner that makes it plainly legible or audible and
presented for sufficient time that it allows the viewer to read or discern the disclosure. The Department of Legal
Affairs or a state attorney may bring an action to enjoin any person who commits a violation, or may bring an action
on behalf of one or more consumers or governmental entities for actual damages caused by a violation.
The bill creates a first degree misdemeanor prohibiting a person from willfully or knowingly using, obtaining, selling,
transferring, or disclosing another person’s protected health information to solicit non-medical professional services
without such person’s written authorization. A person who violates the prohibition for financial gain commits a
second degree felony.
The bill may have a positive indeterminate jail bed and prison bed impact due to the creation of new felony and
misdemeanor offenses.

The effective date for advertising restrictions for a non-medical solicitation is July 1, 2021. The effective date for the
prohibition against the solicitation of professional services by unauthorized use of PHI is October 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1483b.PPH
DATE: 3/22/2021
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Background

          Drug Injury Advertising

          In 2017, the U.S. Chamber Institute for Legal Reform (ILR) surveyed 1,335 adults, 500 of whom were
          currently taking or had taken one of 12 prescription drugs frequently targeted by personal injury
          lawyers, and asked how they would respond if they saw an advertisement about a lawsuit for injury
          caused by a medication they were taking. 1 Nearly half of the survey respondents said they would
          definitely or probably stop taking the drug immediately after seeing the advertisement. 2 When shown
          an actual television legal advertisement about a drug they had taken, more than half said they would
          reduce the dosage to below the prescribed amount. 3

          A 2018 survey found that 90 percent of jurors would be somewhat or very concerned if they saw an
          advertisement claiming that a company’s product injured people. 4 Additionally, 72 percent of jurors
          agreed that if a lawsuit alleges a company’s product has injured people, then there is probably truth to
          the claim. 5

          In 2019, the Federal Trade Commission (FTC) contacted seven law firms and lead generating
          companies expressing concern that some television advertisements that solicit clients for personal
          injury lawsuits against drug manufacturers may be considered deceptive or unfair under federal law. 6
          The FTC also noted that the Food and Drug Administration’s (FDA) Adverse Event Reporting System
          contained reports of consumers who had viewed advertisements about the prescription drugs they
          were taking, discontinued those medications, and suffered adverse consequences. 7 The FTC warned
          that advertisements that cause, or are likely to cause, viewers to discontinue their medications may
          constitute an unfair act or practice and recommended such advertisements include clear and prominent
          audio and visual disclosures stating that a consumer should not stop taking medication without first
          consulting a doctor. 8

          Legal Advertising

          Until 1977, most states prohibited attorney advertising. 9 In Bates v. State Bar of Arizona, however, the
          U.S. Supreme Court held that commercial speech is protected by the First Amendment and cannot be
          prohibited. 10 The Supreme Court has distinguished advertising that is false, deceptive, or misleading,
          which may be prohibited. Moreover, non-misleading commercial speech may be regulated when:
             • There is a substantial government interest;
             • The regulation directly advances the government’s interest; and
             • The regulation is narrowly tailored. 11


1 U.S. Chamber Institute for Legal Reform, Bad for Your Health: Lawsuit Advertising Implications and Solutions (Oct. 2017),

https://www.instituteforlegalreform.com/uploads/sites/1/TLA_Advertising-Paper-WEB.pdf (last visited Mar. 20, 2021).
2 Id.
3 Id.
4 American Tort Reform Association, Local Legal Services Advertising (Jan. 2020), http://www.atra.org/wp-

content/uploads/2020/01/ATRA-Q3-Legal-Services-Ad-Report-FL.pdf (last visited Mar. 16, 2021).
5 Id.
6 Federal Trade Commission, FTC Flags Potentially Unlawful TV Ads for Prescription Drug Lawsuits (Sept. 24, 2019),

https://www.ftc.gov/news-events/press-releases/2019/09/ftc-flags-potentially-unlawful-tv-ads-prescription-drug-lawsuits (last visited Mar.
20, 2021).
7 Id.
8 Id.
9 JD Supra, Remember When Lawyers Couldn't Advertise? (Oct. 26, 2018), https://www.jdsupra.com/legalnews/remember-when-

lawyers-couldn-t-advertise-11628/ (last visited Mar. 20, 2021).
10 Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
11 Central Hudson Gas & Elec. v. Public Service Commission, 447 U.S. 557 (1980).

STORAGE NAME: h1483b.PPH                                                                                                         PAGE: 2
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         The U.S. Supreme Court has also recognized that states not only have an interest in protecting their
         citizens from misleading advertisements, but state bars also have an interest in protecting their image
         as a profession and the public’s perception of the judicial system. 12

                   Legal Advertisement Regulation

         The Florida Bar is an extension of the Florida Supreme Court and approves lawyer advertising, issues
         advisory opinions interpreting the Bar rules, and investigates and prosecutes attorneys for alleged
         violations. 13 Florida’s legal advertising rules apply to all forms of communication soliciting legal services
         in any print or electronic form, including but not limited to newspapers, magazines, brochures, flyers,
         television, radio, direct mail, electronic mail, and Internet, including banners, pop-ups, websites, social
         media, and video sharing platforms. 14 Advertisements in specified media must be submitted to the
         Legal Division of the Florida Bar at least 20 days prior to dissemination, including print, television, radio,
         direct mail, and Internet. 15

         The Legal Division reviews an advertisement to determine whether it complies with the Florida Bar’s
         advertising rules. The Legal Division issues an opinion either approving or disapproving the
         advertisement. The Disciplinary Counsel of the Florida Bar investigates and prosecutes attorneys for
         alleged violations of the Bar’s advertising rules. 16

         Florida Bar rules require legal advertising to include:
             • The name of the lawyer or law firm; 17
             • The location of the law practice; 18 and
             • Certain disclosures when relevant, including whether:
                    • A case will be referred to another lawyer; 19
                    • A spokesperson in the advertisement is not an employee or member of the law firm; 20 or
                    • A scene depicted is a dramatization and not an actual event. 21

         Such required information must be reasonably prominent and clearly legible if written and clearly
         audible if spoken aloud. 22

         Florida Deceptive and Unfair Trade Practices Act

         The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) prohibits unfair methods of
         competition, and unconscionable, unfair or deceptive acts or practices in the conduct of any trade or
         commerce. 23,24 FDUTPA operates for the purposes of: 25

              •    Simplifying, clarifying, and modernizing the law governing consumer protection, unfair methods
                   of competition, and unconscionable, deceptive, and unfair trade practices;
              •    Protecting the consuming public and legitimate business enterprises from those who engage in
                   unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the
                   conduct of any trade or commerce; and

12 Florida Bar v. Went For It, Inc., 515 U.S. 618, 635 (1995).
13 The Florida Bar, Frequently Asked Questions About the Florida Bar, https://www.floridabar.org/about/faq/ (last visited Mar. 20, 2021).
14 Fla. Bar Code Prof. Resp. D. R. 4-7.11(a).
15 Fla. Bar Code Prof. Resp. D. R. 4-7.11.
16 Fla. Bar Code Prof. Resp. D. R. 4-7.19.
17 Fla. Bar Code Prof. Resp. D. R. 4-7.12(a)(1).
18 Fla. Bar Code Prof. Resp. D. R. 4-7.12(a)(2).
19 Fla. Bar Code Prof. Resp. D. R. 4-7.12(b).
20 Fla. Bar Code Prof. Resp. D. R. 4-7.13(b)(5).
21 Fla. Bar Code Prof. Resp. D. R. 4-7.13(b)(6).
22 Fla. Bar Code Prof. Resp. D. R. 4-7.12(d).
23 The term “trade or commerce” is defined as “advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or

otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value,
wherever situated. The term includes the conduct of any trade or commerce including any nonprofit or not-for-profit person or activity.
S. 501.203(8), F.S.
24 S. 501.204(1), F.S.
25 S. 501.202, F.S.

STORAGE NAME: h1483b.PPH                                                                                                               PAGE: 3
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              •   Making state consumer protection and enforcement consistent with established policies of
                  federal law relating to consumer protection.

         FDUTPA provides investigative and enforcement authority to a state attorney if a violation occurs in or
         affects the judicial circuit under the office’s jurisdiction, and to the Department of Legal Affairs (DLA) if a
         violation occurs in or affects more than one judicial circuit, or if a state attorney defers to DLA. 26 An
         enforcing authority may, within four years after a violation occurs or within two years after the last
         payment in a transaction involved in a violation, bring an action:
             • To obtain a declaratory judgment that an act or practice violates FDUTPA;
             • To enjoin any person who has violated, is violating, or is otherwise likely to violate FDUTPA; or
             • On behalf of one or more consumers or governmental entities for the actual damages caused
                 by an act or practice in violation of FDUTPA. 27

         Additionally, an enforcing authority may collect a civil penalty of up to $10,000 per violation plus
         reasonable attorney fees and costs for a willful violation and up to a $15,000 penalty plus reasonable
         attorney fees and costs for a willful violation involving a senior citizen, a disabled person, a military
         servicemember, or the spouse or dependent child of a military servicemember. 28 DLA may also issue a
         cease and desist order if such order would be in the interest of the public. 29

         FDUTPA authorizes a private cause of action for any person aggrieved by a violation of FDUTPA to:
           • Obtain a declaratory judgement that an act or practice violates FDUTPA;
           • Enjoin a person who has violated, is violating, or is otherwise likely to violate this part; and
           • Recover actual damages plus reasonable attorney fees and costs. 30

         The Health Insurance Portability and Accountability Act

         The Federal Health Insurance Portability and Accountability Act (HIPAA), protects personal health
         information (PHI). 31 The U.S. Department of Health and Human Services privacy rules establish
         national standards to protect medical records and other PHI. 32 The rules address, among other things,
         the use and disclosure of a person’s PHI. Only “covered entities” are subject to HIPAA’s provisions,
         including:
             • Health plans;
             • Health care providers;
             • Health care clearinghouses; and
             • Business associates of any of the above. 33
         HIPAA requires the disclosure of a person’s PHI to the person who is the subject of the PHI information
         or his or her personal representative, upon his or her request. 34 The punishment for a HIPAA violation
         can either be a civil or criminal penalty. A civil penalty varies based on the severity of the violation, the
         number of people affected, the nature of the data exposed, the length of time a violation was allowed to
         persist, the prior compliance history of the covered entity, and the knowledge the covered entity had of
         the violation. 35 Criminal penalties for a HIPAA violation are triggered when a person obtains PHI for



26 Ss. 501.203(2), 501.206, and 501.207, F.S.
27 S. 501.207(1) and (5), F.S.
28 Ss. 501.2075, 501.2077, and 501.2105, F.S.
29 S. 501.208(1), F.S.
30 Ss. 501.2105 and 501.211, F.S.
31 Protected health information includes all individually identifiable health information held or transmitted by a covered entity or its

business associate. Pub. L. No. 104-191 (1996).
32 U.S. Department of Health and Human Services, Health Information Privacy, https://www.hhs.gov/hipaa/for-

professionals/privacy/index.html (last visited Mar. 20, 2021).
33 U.S. Department of Health and Human Services, Office for Civil Rights, Summary of the HIPAA Privacy Rule, (last rev. May 2003),

https://www.hhs.gov/sites/default/files/privacysummary.pdf. (last visited Mar. 20, 2021).
34 Id.
35 HIPAA Journal, What are the penalties for HIPAA Violations?, https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-

violations-7096/ (last visited Mar. 20, 2021).
STORAGE NAME: h1483b.PPH                                                                                                          PAGE: 4
DATE: 3/22/2021
         financial gain or under false pretenses. 36 The criminal penalty for such HIPAA violations are punishable
         by up to 10 years imprisonment. 37

         Effect of Proposed Changes

         HB 1483 prohibits a person who submits or approves the submittal of a non-medical solicitation for
         professional services which contains information about a drug or device, 38 for publication, broadcast, or
         dissemination, or who pays for or otherwise sponsors such non-medical solicitation from:
             • Failing to clearly disclose, "This is a paid advertisement for non-medical services," at the outset
                of the advertisement.
             • Including terminology implying that the advertisement is a “medical alert,” “health alert,”
                “consumer alert,” “public service announcement,” or similar public alert or announcement.
             • Displaying a federal or state government agency logo in a manner that implies affiliation with
                such an agency.
             • Including terminology that implies a product has been recalled when the product has not been
                recalled.
             • Failing to clearly disclose the sponsor of the advertisement.
             • Failing to clearly and conspicuously disclose the individual or entity that will provide professional
                services to a person who responds to the advertisement.
             • Failing to clearly disclose that the drug or medical device remains approved by the Food and
                Drug Administration, unless the product has actually been recalled or withdrawn.
             • If the advertisement solicits clients who may allege injury from a prescription drug, failing to
                clearly disclose the following warning:
                    o "Do not stop taking a prescribed medication without first consulting your doctor.
                        Discontinuing a prescribed medication without your doctor's advice can result in injury or
                        death."

         A disclosure required by the bill must be clearly legible, if written, and, if displayed electronically,
         displayed for sufficient time to enable the viewer to easily see and fully read the disclosure. A spoken
         disclosure must be plainly audible and clearly intelligible.

         The bill defines “non-medical solicitation” as a paid solicitation for non-medical professional services
         which contains information about a drug or device as defined in s. 499.003, F.S., and which is directed
         to the public through television; radio; the Internet, including a domain name; a newspaper or other
         periodical; an outdoor advertising sign; or another written, electronic, or recorded communication.

         Under the bill, a violation constitutes a deceptive and unfair trade practice. DLA or a state attorney may
         bring an action:
             • To obtain a declaratory judgment that the non-medical solicitation violates FDUTPA;
             • To enjoin any person who has violated these provisions from continuing to disseminate the non-
                medical solicitation; or
             • For actual damages caused by a violation on behalf of consumers.

         The bill creates a first degree misdemeanor offense prohibiting a person from willfully or knowingly
         using, obtaining, selling, transferring, or disclosing another person’s PHI to solicit non-medical
         professional services without such person’s written authorization. A person who violates the prohibition
         commits a deceptive and unfair trade practice subject to penalties and remedies under ch. 501, part II
         and:

36 Id.
37 Id.
38 The bill defines “device” in accordance with s. 499.003, F.S., as any instrument, apparatus, implement, machine, contrivance,

implant, in vitro reagent, or other similar or related article, including its components, parts, or accessories, which is:
     (a) Recognized in the current edition of the United States Pharmacopoeia and National Formulary, or any supplement thereof,
     (b) Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals, or
     (c) Intended to affect the structure or any function of the body of humans or other animals,
and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other
animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.
STORAGE NAME: h1483b.PPH                                                                                                         PAGE: 5
DATE: 3/22/2021
             •    A first degree misdemeanor for a willful and knowing violation. 39
             •    A second degree felony for a willful and knowing violation with the intent to sell, transfer, or use
                  PHI for financial gain, 40 except the term of imprisonment may not exceed 10 years and the fine
                  may exceed $10,000 but may not exceed $250,000.

         The provisions of the bill relating to advertising regulations for a non-medical solicitation are effective
         July 1, 2021. The provisions of the bill prohibiting the solicitation of professional services by the use,
         sale, transfer, or disclosure of PHI without a person’s written authorization are effective October 1,
         2021.

    B. SECTION DIRECTORY:
         Section 1: Creates s. 501.2106, F.S., related to non-medical solicitation; deceptive and unfair trade
                    practices.
         Section 2: Creates s. 877.025, F.S., related to solicitation of non-medical services; wrongful use or
                    disclosure of protected health information.
         Section 3: Provides an effective date of July 1, 2021, unless otherwise provided in the bill.

                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             The bill may have a positive indeterminate prison bed impact due to the creation of a new felony
             offense.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             The bill may have a positive indeterminate jail bed impact due to the creation of a new
             misdemeanor offense.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.


    D. FISCAL COMMENTS:
         None.


                                                         III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:


39 A first degree misdemeanor, punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
40 A second degree felony is punishable by up to 15 years imprisonment, and a $10,000 fine. Ss. 775.082 and 775.083, F.S.

STORAGE NAME: h1483b.PPH                                                                                                      PAGE: 6
DATE: 3/22/2021
            Although commercial speech enjoys protection under the First Amendment, courts have held that it
            is subject to greater restrictions than noncommercial speech. 41 As such, false or misleading
            advertising and other forms of fraudulent commercial speech are not protected under the First
            Amendment, and can be restricted by the government. 42 The restrictions on the solicitation of non-
            medical services in the bill are narrowly tailored to address a specific category of professional
            services on the limited subjects of drugs and medical devices. Furthermore, each advertising
            prohibition is a statement or omission that is intended to mislead a member of the public into
            believing the advertisement has been disseminated by the government, or with the approval of a
            government agency. Because the advertising restrictions in the bill are narrow in scope and focused
            on misleading statements which have no First Amendment protection, the bill likely complies with
            constitutional requirements.

         2. Other:
            None.

    B. RULE-MAKING AUTHORITY:
         Not applicable.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.


                              IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




41 Board of Trs. of State Univ. of N.Y. v. Fox, 492 U.S. 469 (1989).
42 Friedman v. Rogers, 440 U.S. 1 (1979).

STORAGE NAME: h1483b.PPH                                                                                 PAGE: 7
DATE: 3/22/2021
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           HB 1483                                                                                               2021




    1                                         A bill to be entitled
    2                An act relating to the solicitation of non-medical
    3                services; creating s. 501.2106, F.S.; defining terms;
    4                providing that a person who submits or sponsors a non-
    5                medical solicitation that contains certain terminology
    6                or fails to include specified disclosures commits a
    7                deceptive and unfair trade practice, subject to the
    8                penalties and remedies of the Florida Deceptive and
    9                Unfair Trade Practices Act; creating s. 877.025, F.S.;
10                   defining terms; prohibiting the unauthorized use,
11                   sale, or transfer of protected health information for
12                   the purpose of soliciting professional services;
13                   providing that a person who willfully and knowingly
14                   violates such prohibition commits a deceptive and
15                   unfair trade practice, subject to the penalties and
16                   remedies of the Florida Deceptive and Unfair Trade
17                   Practices Act; providing criminal penalties for
18                   willful and knowing violations and enhanced criminal
19                   penalties for violations committed for financial gain;
20                   providing applicability; providing effective dates.
21
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                   Section 1.       Section 501.2106, Florida Statutes, is created

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        HB 1483                                                                                               2021




26      to read:
27                501.2106        Non-medical solicitation; deceptive and unfair
28      trade practices.—
29                (1)     As used in this section, the term:
30                (a)     "Client" means a prospective customer, client, or
31      patron of non-medical professional services.
32                (b)     "Non-medical solicitation" means a paid solicitation
33      for non-medical professional services which contains information
34      about a drug or device as defined in s. 499.003 and which is
35      directed to the public through television; radio; the Internet,
36      including a domain name; a newspaper or other periodical; an
37      outdoor advertising sign; or another written, electronic, or
38      recorded communication.
39                (c)     "Person" has the same meaning as in s. 1.01(3).
40                (2)     A person who submits or approves the submittal of a
41      non-medical solicitation for publication, broadcast, or
42      dissemination, or who pays for or otherwise sponsors a non-
43      medical solicitation, commits a deceptive and unfair trade
44      practice under this part if the solicitation, once published,
45      broadcast, or disseminated, does any of the following:
46                (a)     Fails to clearly and conspicuously disclose at the
47      outset of the solicitation the phrase, "This is a paid
48      advertisement for non-medical services."
49                (b)     Includes terminology implying that the advertisement
50      is a "medical alert," "health alert," "consumer alert," "public

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        HB 1483                                                                                               2021




51      service announcement," or similar public alert or announcement.
52                (c)     Displays the logo, or a similar facsimile thereof, of
53      a federal or state governmental agency in a manner implying
54      affiliation with, or sponsorship by, a governmental agency.
55                (d)     Includes terminology, including use of the term
56      "recall" when referring to a product, implying that the product
57      has been recalled when, in fact, the product has not been
58      recalled by a governmental agency or through agreement between a
59      manufacturer and a governmental agency.
60                (e)     Fails to clearly and conspicuously disclose the
61      sponsor of the advertisement.
62                (f)     Fails to clearly and conspicuously disclose the
63      individual or entity that will provide professional services to
64      persons responding to the advertisement or how those persons
65      will be referred to such individual or entity.
66                (g)     Solicits clients who may allege injury from a
67      prescription drug approved or cleared by, or which is the
68      subject of a monograph authorized by, the United States Food and
69      Drug Administration and fails to clearly and conspicuously
70      disclose the following warning: "Do not stop taking a prescribed
71      medication without first consulting with your doctor.
72      Discontinuing a prescribed medication without your doctor's
73      advice can result in injury or death."
74                (h)     Solicits clients who may allege injury from a
75      prescription drug or medical device approved or cleared by, or

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         HB 1483                                                                                               2021




76       which is the subject of a monograph authorized by, the United
77       States Food and Drug Administration and fails to clearly and
78       conspicuously disclose that the drug or medical device remains
79       approved by the United States Food and Drug Administration,
80       unless the product is recalled or withdrawn.
81                 (i)      Fails to present any disclosure required by this
82       subsection such that:
83                 1.      A written disclosure is clearly legible and, if
84       televised or displayed electronically, is displayed for
85       sufficient time to enable the viewer to easily see and fully
86       read the disclosure.
87                 2.      A spoken disclosure is plainly audible and clearly
88       intelligible.
89                 Section 2.       Effective October 1, 2021, section 877.025,
90       Florida Statutes, is created to read:
91                 877.025      Solicitation of non-medical services; wrongful use
92       or disclosure of protected health information.—
93                 (1)      As used in this section, the term:
94                 (a)      "Person" has the same meaning as in s. 1.01(3).
95                 (b)      "Protected health information" has the same meaning as
96       provided in 45 C.F.R. s. 106.103.
97                 (c)      "Solicit" means to offer to provide professional
98       services by written, recorded, or electronic communication or by
99       in-person, telephone, or real-time electronic contact.
100                (2)      A person may not use, cause to be used, obtain, sell,

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         HB 1483                                                                                               2021




101      transfer, or disclose to another person an individual's
102      protected health information, without that individual's written
103      authorization, to solicit professional services.
104                (3)(a)      A person who violates subsection (2) commits a
105      deceptive and unfair trade practice subject to the penalties and
106      remedies provided in part II of chapter 501.
107                (b)     A person who willfully and knowingly violates
108      subsection (2) commits a misdemeanor of the first degree,
109      punishable as provided in s. 775.082 or s. 775.083.
110                (c)     A person who willfully and knowingly violates
111      subsection (2) with intent to sell, transfer, or use protected
112      health information for financial gain commits a felony of the
113      second degree, punishable as provided in s. 775.082, s. 775.083,
114      or s. 775.084, except that the term of imprisonment may not
115      exceed 10 years and the fine must be more than $10,000 but may
116      not exceed $250,000.
117                (4)     This section does not apply to the disclosure of
118      protected health information to an attorney, or the attorney's
119      use of such protected health information, in any judicial or
120      administrative proceeding or any other use or disclosure
121      otherwise authorized or required by law.
122                Section 3.       Except as otherwise expressly provided in this
123      act, this act shall take effect July 1, 2021.




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PCS for HB 1579
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1579 Health Care Practitioner Discipline
SPONSOR(S): Professions & Public Health Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    Orig. Comm.: Professions & Public Health                                                  Morris              McElroy
      Subcommittee

                                                        SUMMARY ANALYSIS
The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
regulatory authority over health care practitioners. The MQA works in conjunction with 22 boards and four
councils to license and regulate seven types of health care facilities and more than 40 health care professions.
Each profession is regulated by an individual practice act and by ch. 456, F.S., which provides general
regulatory authority and licensure authority for MQA, including discipline of practitioners.

Under current law, DOH must issue an emergency order suspending the license of a licensed physician,
chiropractor, podiatrist, naturopath, optometrist, nurse, nursing assistant, pharmacist, dentist, optician, or
hearing aid specialist who pleads guilty to or is convicted of certain violations of federal law and offenses
relating to Medicare, fraud, drug offenses, and reproductive battery. PCS for HB 1579 expands DOH’s
authority to issue an emergency suspension order to all licensed health care practitioners and adds homicide
to the list of offenses that DOH must issue an emergency suspension order.

PCS for HB 1579 also requires DOH to issue an emergency order suspending the license if a health care
practitioner is arrested for committing or attempting, soliciting, or conspiring to commit any act that would
constitute a violation of certain offenses in this state or similar offenses in another jurisdiction. The PCS also
includes such offenses as acts that constitute grounds for discipline of a licensed health care practitioner.

The bill has a negative, indeterminate fiscal impact on DOH. The bill has no fiscal impacts on local
governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1579.PPH
DATE: 3/22/2021
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Health Care Professional Licensure

        The Division of Medical Quality Assurance (MQA), within the Department of Health (DOH), has general
        regulatory authority over health care practitioners. MQA works in conjunction with 22 boards and 4
        councils to license and regulate 7 types of health care facilities and more than 40 health care
        professions. 1 Each profession is regulated by an individual practice act and by ch. 456, F.S., which
        provides general regulatory and licensure authority for MQA. MQA is statutorily responsible for the
        following boards and professions established within the division: 2

             •   The Board of Acupuncture, created under ch. 457, F.S.;
             •   The Board of Medicine, created under ch. 458, F.S.;
             •   The Board of Osteopathic Medicine, created under ch. 459, F.S.;
             •   The Board of Chiropractic Medicine, created under ch. 460, F.S.;
             •   The Board of Podiatric Medicine, created under ch. 461, F.S.;
             •   Naturopathy, as provided under ch. 462, F.S.;
             •   The Board of Optometry, created under ch. 463, F.S.;
             •   The Board of Nursing, created under part I of ch. 464, F.S.;
             •   Nursing assistants, as provided under part II of ch. 464, F.S.;
             •   The Board of Pharmacy, created under ch. 465, F.S.;
             •   The Board of Dentistry, created under ch. 466, F.S.;
             •   Midwifery, as provided under ch. 467, F.S.;
             •   The Board of Speech-Language Pathology and Audiology, created under part I of ch. 468, F.S.;
             •   The Board of Nursing Home Administrators, created under part II of ch. 468, F.S.;
             •   The Board of Occupational Therapy, created under part III of ch. 468, F.S.;
             •   Respiratory therapy, as provided under part V of ch. 468, F.S.;
             •   Dietetics and nutrition practice, as provided under part X of ch. 468, F.S.;
             •   The Board of Athletic Training, created under part XIII of ch. 468, F.S.;
             •   The Board of Orthotists and Prosthetists, created under part XIV of ch. 468, F.S.;
             •   Electrolysis, as provided under ch. 478, F.S.;
             •   The Board of Massage Therapy, created under ch. 480, F.S.;
             •   The Board of Clinical Laboratory Personnel, created under part III of ch. 483, F.S.;
             •   Medical physicists, as provided under part IV of ch. 483, F.S.;
             •   The Board of Opticianry, created under part I of ch. 484, F.S.;
             •   The Board of Hearing Aid Specialists, created under part II of ch. 484, F.S.;
             •   The Board of Physical Therapy Practice, created under ch. 486, F.S.;
             •   The Board of Psychology, created under ch. 490, F.S.;
             •   School psychologists, as provided under ch. 490, F.S.;
             •   The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health
                 Counseling, created under ch. 491, F.S.; and
             •   Emergency medical technicians and paramedics, as provided under part III of ch. 401, F.S.;


                 Background Screening


1 Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2019-2020, p.

6, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/2019-2020-annual-report.pdf (last visited
on March 16, 2021).
2 S. 456.001(4), F.S; Id.

STORAGE NAME: pcs1579.PPH                                                                                                     PAGE: 2
DATE: 3/22/2021
         Chapter 435, F.S., establishes standard procedures and requirements for criminal history background
         screening of prospective employees. There are two levels of background screening: level 1 and level 2.
         Level 1 screening includes, at a minimum, employment history checks and statewide criminal
         correspondence checks through the Florida Department of Law Enforcement (FDLE) and a check of
         the Dru Sjodin National Sex Offender Public Website, 3 and may include criminal records checks
         through local law enforcement agencies. A level 2 background screening includes, but, is not limited to,
         fingerprinting for statewide criminal history records checks through FDLE and national criminal history
         checks through the Federal Bureau of Investigation (FBI), and may include local criminal records
         checks through local law enforcement agencies. 4

         Every person required by law to be screened pursuant to ch. 435, F.S., must submit a complete set of
         information necessary to conduct a screening to his or her employer. 5 Such information for a level 2
         screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE. 6

         For both level 1 and 2 screenings, the employer must submit the information necessary for screening to
         FDLE within five working days after receiving it. 7 Additionally, for both levels of screening, FDLE must
         perform a criminal history record check of its records. 8 For a level 1 screening, this is the only
         information searched, and once complete, FDLE responds to the employer or agency, who must then
         inform the employee whether screening has revealed any disqualifying information. 9 For level 2
         screening, FDLE also requests the FBI to conduct a national criminal history record check of its records
         for each employee for whom the request is made. 10 As with a level 1 screening, FDLE responds to the
         employer or agency, and the employer or agency must inform the employee whether screening has
         revealed disqualifying information. If the employer or agency finds that an individual has a history
         containing one of these offenses, it must disqualify that individual from employment.

         The person whose background is being checked must supply any missing criminal or other necessary
         information upon request to the requesting employer or agency within 30 days after receiving the
         request for the information. 11

                  Disqualifying Offenses

         Regardless of whether the screening is level 1 or level 2, the screening employer or agency must make
         sure that the applicant has good moral character by ensuring that the employee has not been arrested
         for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea
         of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or
         expunged for, certain offenses under Florida law, or similar law of another jurisdiction. 12

                  Health Care Practitioner Background Screening Under Ch. 456, F.S.

         Section 456.0135, F.S., requires physicians, physician assistants, chiropractic physicians, podiatric
         physicians, nurses, certified nursing assistants, pharmacy owners, athletic trainers, massage
         therapists, and massage establishment owners to undergo a Level 2 background screening as a part of
         the licensure process. The appropriate regulatory board reviews the background screening results of
         an applicant or licensee to determine if there is a disqualifying offense. The only automatic disqualifying
         offenses for licensure are the following offenses under federal law or Florida law, or similar law in
         another jurisdiction: 13


3 The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex

offender registries in one national search site. The website is available at https://www.nsopw.gov/ (last visited March 16, 2021).
4 Section 435.04, F.S.
5 Section 435.05(1)(a), F.S.
6 Sections 435.03(1) and 435.04(1)(a), F.S.
7 Section 435.05(1)(b)-(c), F.S.
8 Id.
9 Section 435.05(1)(b), F.S.
10 Section 435.05(1)(c), F.S.
11 Section 435.05(1)(d), F.S.
12 Section 435.04(2), F.S.
13 Section 456.0635, F.S.

STORAGE NAME: pcs1579.PPH                                                                                                            PAGE: 3
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              •   A felony under:
                      o Chapter 409, related to social and economic assistance;
                      o Chapter 817, relating to fraudulently practices; and
                      o Chapter 893, relating to drug abuse prevention and control.
              •   A felony under 21 U.S.C. ss. 801-970, relating to controlled substances, or 42 U.S.C. ss. 1395-
                  1396, relating to health insurance for the aged and disabled, if the sentence and any
                  subsequent probation ended less than 15 years before the date of application.

                  Exemption from Disqualification

         If an individual is disqualified due to a conviction, plea of nolo contendere, or adjudication of
         delinquency to one or more of the disqualifying offenses, s. 435.07, F.S., allows the Secretary of the
         appropriate agency to exempt applicants from that disqualification under certain circumstances: 14

              •   Three years have elapsed since the individual has completed or been lawfully released from
                  confinement, supervision, or nonmonetary condition imposed by a court for a disqualifying
                  felony; or
              •   The applicant has completed or been lawfully released from confinement, supervision, or
                  nonmonetary condition imposed by a court for a misdemeanor or an offense that was a felony at
                  the time of commission but is now a misdemeanor.

         Only the appropriate regulatory board, or the DOH when there is no board, may grant an exemption
         from disqualification to a person under the licensing jurisdiction of that board or the DOH, as
         applicable. 15

         Receiving an exemption allows that individual to work despite the disqualifying crime in that person’s
         past. However, an individual who is considered a sexual predator, 16 career offender, 17 or sexual
         offender (unless not required to register) 18 cannot be exempted from disqualification. 19

                  Discipline

         Section 456.072, F.S., authorizes a regulatory board or DOH, if there is no board, to discipline a health
         care practitioner’s licensure for a number of offenses, including but not limited to:

              •   Making misleading, deceptive, or fraudulent representations in or related to the practice of the
                  licensee’s profession;
              •   Making deceptive, untrue, or fraudulent representations in or related to the practice of a
                  profession or employing a trick or scheme in or related to the practice of a profession; or
              •   Engaging or attempting to engage in sexual misconduct as defined in s. 456.063, F.S.

         Sexual misconduct involves a health care practitioner engaging, or attempting to engage, in verbal or
         physical sexual activity outside the scope of the professional practice of his or her health care
         profession with a patient or client, or an immediate family member, guardian, or representative of a
         patient or client. 20

         If the board or DOH finds that a licensee committed a violation, the board or DOH may: 21

              •    Refuse to certify, or to certify with restrictions, an application for a license;

14 Section 435.07(1), F.S.
15 Section 456.36, F.S.
16 Section 775.261, F.S.
17 Section 775.261, F.S.
18 Section 943.0435, F.S.
19 Section 435.07(4)(b), F.S.
20 Section 456.063, F.S. A person who commits such sexual misconduct is disqualified from licensure in this state.
21 Section 456.072(2), F.S.

STORAGE NAME: pcs1579.PPH                                                                                            PAGE: 4
DATE: 3/22/2021
              •    Suspend or permanently revoke a license;
              •    Place a restriction on the licensee’s practice or license;
              •    Impose an administrative fine not to exceed $10,000 for each count or separate offense; if the
                   violation is for fraud or making a false representation, a fine of $10,000 must be imposed for
                   each count or separate offense;
              •    Issue a reprimand or letter of concern;
              •    Place the licensee on probation;
              •    Require a corrective action plan;
              •    Refund fees billed and collected from the patient or third party on behalf of the patient; or
              •    Require the licensee to undergo remedial education.

              Emergency Suspension of Practitioner Licenses

         Under current law, DOH must issue an emergency order suspending the license of a licensed
         physician, chiropractor, podiatrist, naturopath, optometrist, nurse, nursing assistant, pharmacist, dentist,
         optician, or hearing aid specialist who pleads guilty to or is convicted of certain violations of federal law
         and offenses relating to Medicare, fraud, drug offenses, and reproductive battery. The PCS expands
         DOH’s authority to issue an emergency suspension order to all licensed health care practitioners and
         adds homicide to the list of offenses that DOH must issue an emergency suspension order:22

             •    A felony under:
                      o Chapter 409, related to social and economic assistance;
                      o Chapter 817, relating to fraudulently practices; and
                      o Chapter 893, relating to drug abuse prevention and control.
             •    A felony under 21 U.S.C. ss. 801-970, relating to controlled substances, or 42 U.S.C. ss. 1395-
                  1396, relating to health insurance for the aged and disabled;
             •    A misdemeanor or felony under:
                      o 18 U.S.C. s. 669, relating to theft or embezzlement in connection with health care;
                      o 18 U.S.C. ss. 285-287, relating to taking or using papers relating to claims, conspiracy to
                         defraud the government with respect to claims, and false, fictitious of fraudulent claims;
                      o 18 U.S.C. s. 371, relating to conspiracy to commit offense or to defraud United States;
                      o 18 U.S.C. s. 1001, relating to statements or entries generally;
                      o 18 U.S.C. s. 1035, relating to false statements relating to health care matters;
                      o 18 U.S.C. s. 1341, relating to frauds and swindles;
                      o 18 U.S.C. s. 1343, relating to fraud by wire, radio, or television;
                      o 18 U.S.C. s. 1347, relating to health care fraud;
                      o 18 U.S.C. s. 1349, relating to attempt and conspiracy;
                      o 18 U.S.C. s. 1518, relating to obstruction of criminal investigations of health care
                         offenses; or
                      o 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
             •    A felony under s. 784.086, F.S., relating to a reproductive battery.

         DOH is not currently authorized to suspend the license of a health care practitioner who is convicted or
         found guilty of, or who enters a plea of nolo contendere to, regardless of adjudication to a felony under
         ch. 782, F.S., relating to homicide. DOH is also not currently authorized to issue an emergency order
         suspending the license of a health care practitioner upon his or her arrest for any violation.

         Effect of the Bill

         The bill requires DOH to issue an emergency order suspending the license of a health care practitioner
         who pleads guilty to, is convicted or found guilty of, or who enters a plea of nolo contendere to,
         regardless of adjudication to any offense under s. 456.074, F.S.

         The bill adds a felony under ch. 782, F.S., relating to homicide, to the list of offenses in which case
         DOH must issue an emergency suspension order.

22 Section 456.074(1), F.S.

STORAGE NAME: pcs1579.PPH                                                                                      PAGE: 5
DATE: 3/22/2021
       The bill also requires DOH to issue an emergency order suspending the license of any health care
       practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that
       would constitute a violation of any of the following criminal offenses in this state or similar offenses in
       another jurisdiction:

           •   Section 393.135(2), F.S., relating to sexual misconduct against an individual with a
               developmental disability;
           •   Section 394.4593(2), F.S., relating to sexual misconduct against a patient of a receiving or
               treatment facility or otherwise in the custody of the Department of Children and Families;
           •   Section 787.01, F.S., relating to kidnapping;
           •   Section 787.02, F.S., relating to false imprisonment;
           •   Section 787.025(2), F.S., relating to luring or enticing a child;
           •   Section 787.06(3)(b),(d), (f), or (g), F.S., relating to human trafficking for commercial sexual
               activity;
           •   Former s. 787.06(3)(h), F.S., relating to human trafficking of a child under the age of 15 for
               commercial sexual activity;
           •   Section 787.07, F.S., relating to human smuggling;
           •   Section 794.011, F.S., relating to sexual battery, excluding s. 794.011(10), F.S.;
           •   Section 794.05, F.S., relating to unlawful sexual activity with certain minors;
           •   Section 794.08, F.S., relating to female genital mutilation;
           •   Former s. 796.03, F.S., relating to procuring a person under the age of 18 for prostitution;
           •   Former s. 796.035, F.S., relating to the selling or buying of minors into prostitution;
           •   Section 796.04, F.S., relating to forcing, compelling, or coercing another to become a prostitute;
           •   Section 796.05, F.S., relating to deriving support from the proceeds of prostitution;
           •   Section 796.07(4)(a)3., F.S., relating to a felony of the third degree for a third or subsequent
               violation of s. 796.07, relating to prohibiting prostitution and related acts;
           •   Section 800.04, F.S., relating to lewd or lascivious offenses committed upon or in the presence
               of persons younger than 16 years of age;
           •   Section 810.145(8), F.S., relating to video voyeurism of a minor;
           •   Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the
               presence of an elderly person or disabled person;
           •   Section 827.071, F.S., relating to sexual performance by a child;
           •   Section 847.011, F.S., relating to prohibited acts in connection with obscene, lewd, etc.,
               materials;
           •   Section 847.012, F.S., relating to materials harmful to minors;
           •   Section 847.013, F.S., relating to exposing minors to harmful motion pictures, exhibitions,
               shows, presentations, or representations;
           •   Section 847.0133, F.S., relating to the protection of minors from obscene materials;
           •   Section 847.0135, F.S., relating to computer pornography, prohibited computer usage, or
               traveling to meet minors, excluding s. 847.0135(6) F.S.;
           •   Section 847.0137, F.S., relating to transmission of child pornography by electronic device or
               equipment;
           •   Section 847.0138, F.S., relating to the transmission of material harmful to minors to a minor by
               electronic device or equipment;
           •   Section 847.0145, F.S., relating to the selling or buying of minors;
           •   Section 856.022, F.S., relating to loitering or prowling in close proximity to children;
           •   Section 895.03, F.S., relating to racketeering activity, if the court makes a written finding that the
               racketeering activity involved at least one sexual offense listed in this subsection or at least one
               offense listed in this subsection which was committed with sexual intent or motive;
           •   Section 916.1075(2), F.S., relating to sexual misconduct against a forensic client of a civil or
               forensic facility for defendants who have a mental illness or an intellectual disability;
           •   Section 985.701(1), F.S., relating to sexual misconduct against a juvenile offender; or
           •   Any similar offense committed in this state which has been redesignated from a former statute
               number to one of those listed in the bill.
STORAGE NAME: pcs1579.PPH                                                                                     PAGE: 6
DATE: 3/22/2021
       Under the bill, being found guilty of, entering a plea of guilty or nolo contendere to, regardless of
       adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute
       a violation of any offense listed above, or a similar offense in another jurisdiction, as acts that constitute
       grounds for discipline of any licensed health care practitioner.

       A licensed health care practitioner who has his or her license suspended by emergency order will not
       be able to practice for the duration of the suspension.

   B. SECTION DIRECTORY:
       Section 1      Amends s. 456.072, F.S., relating to grounds for discipline; penalties; enforcement.
       Section 2      Amends s. 456.074, F.S., relating to certain health care practitioners; immediate
                      suspension of license.
       Section 3      Provides an effective date of July 1, 2021.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           DOH may experience an increase in workload related to investigating complaints against a health
           care practitioner and issuing disciplinary actions or emergency suspension orders, the impact of
           which is likely negative, insignificant, and indeterminate.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Licensed health care practitioners who are arrested for certain offenses may experience a decrease in
       revenue associated with the suspension of a professional license because he or she will not be able to
       practice his or her profession for the duration of the suspension.

   D. FISCAL COMMENTS:
       None.


                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:

STORAGE NAME: pcs1579.PPH                                                                                     PAGE: 7
DATE: 3/22/2021
          None.

   B. RULE-MAKING AUTHORITY:
       Current law provides sufficient rulemaking authority to implement the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: pcs1579.PPH                                                            PAGE: 8
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           PCS for HB 1579                            ORIGINAL                                                  2021




    1                                         A bill to be entitled
    2              An act relating to health care practitioner
    3              discipline; amending s. 456.072, F.S.; subjecting
    4              health care practitioners to disciplinary action for
    5              specified offenses; amending s. 456.074, F.S.;
    6              revising provisions relating to immediate suspension
    7              of licensure to apply to all health care
    8              practitioners; requiring the Department of Health to
    9              issue emergency orders to suspend health care
10                 practitioner licenses if they enter a criminal plea
11                 to, or are convicted or found guilty of, a felony
12                 relating to homicide or are arrested for committing or
13                 attempting, soliciting, or conspiring to commit acts
14                 that would constitute violations of specified criminal
15                 offenses; providing an effective date; providing an
16                 effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                 Section 1.         Paragraph (rr) is added to subsection (1) of
21         section 456.072, Florida Statutes, to read:
22                 456.072       Grounds for discipline; penalties; enforcement.—
23                 (1)       The following acts shall constitute grounds for which
24         the disciplinary actions specified in subsection (2) may be
25         taken:

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        PCS for HB 1579                            ORIGINAL                                                  2021




26              (rr)        Being convicted or found guilty of, entering a plea
27      of guilty or nolo contendere to, regardless of adjudication, or
28      committing or attempting, soliciting, or conspiring to commit an
29      act that would constitute a violation of any of the offenses
30      listed in s. 456.074(5) or a similar offense in another
31      jurisdiction.
32              Section 2.         Subsection (5) of section 456.074, Florida
33      Statutes, is renumbered as subsection (6), respectively, and
34      subsection (5) is added to that section, and subsection (1) of
35      that section is amended, to read:
36              456.074       Certain health care practitioners; immediate
37      suspension of license.—

38              (1) The department shall issue an emergency order
39      suspending the license of any health care practitioner person
40      licensed under chapter 458, chapter 459, chapter 460, chapter
41      461, chapter 462, chapter 463, chapter 464, chapter 465, chapter
42      466, or chapter 484 who pleads guilty to, is convicted or found
43      guilty of, or who enters a plea of nolo contendere to,
44      regardless of adjudication, any of the following to:
45              (a) A felony under chapter 409, chapter 817, or chapter 893
46      or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-
47      1396.;
48              (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
49      285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
50      1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
51      Medicaid program.; or

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        PCS for HB 1579                            ORIGINAL                                                  2021




52              (c) A felony under s. 784.086, relating to a reproductive
53      battery.
54              (d) A felony under chapter 782, relating to homicide.
55              (5) The department shall issue an emergency order
56      suspending the license of any health care practitioner who is
57      arrested for committing or attempting, soliciting, or conspiring
58      to commit any act that would constitute a violation of any of
59      the following criminal offenses in this state or similar
60      offenses in another jurisdiction:
61              (a) Section 393.135(2), relating to sexual misconduct
62      against an individual with a developmental disability.
63              (b) Section 394.4593(2), relating to sexual misconduct
64      against a patient of a receiving or treatment facility or
65      otherwise in the custody of the Department of Children and
66      Families.
67              (c) Section 787.01, relating to kidnapping.
68              (d) Section 787.02, relating to false imprisonment.
69              (e) Section 787.025(2), relating to luring or enticing a
70      child.
71              (f) Section 787.06(3)(b),(d), (f), or (g), relating to
72      human trafficking for commercial sexual activity.
73              (g) Former s. 787.06(3)(h), relating to human trafficking
74      of a child under the age of 15 for commercial sexual activity.
75              (h) Section 787.07, relating to human smuggling.
76              (i) Section 794.011, relating to sexual battery, excluding
77      s. 794.011(10).
78              (j) Section 794.05, relating to unlawful sexual activity
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         PCS for HB 1579                            ORIGINAL                                                  2021




 79      with certain minors.
 80              (k) Section 794.08, relating to female genital mutilation.
 81              (l) Former s. 796.03, relating to procuring a person under
 82      the age of 18 for prostitution.
 83              (m) Former s. 796.035, relating to the selling or buying of
 84      minors into prostitution.
 85              (n) Section 796.04, relating to forcing, compelling, or
 86      coercing another to become a prostitute.
 87              (o) Section 796.05, relating to deriving support from the
 88      proceeds of prostitution.
 89              (p) Section 796.07(4)(a)3., relating to a felony of the
 90      third degree for a third or subsequent violation of s. 796.07,
 91      relating to prohibiting prostitution and related acts.
 92              (q) Section 800.04, relating to lewd or lascivious offenses
 93      committed upon or in the presence of persons younger than 16
 94      years of age.
 95              (r) Section 810.145(8), relating to video voyeurism of a
 96      minor.
 97              (s) Section 825.1025, relating to lewd or lascivious
 98      offenses committed upon or in the presence of an elderly person
 99      or disabled person.
100              (t) Section 827.071, relating to sexual performance by a
101      child.
102              (u) Section 847.011, relating to prohibited acts in
103      connection with obscene, lewd, etc., materials.
104              (v) Section 847.012, relating to materials harmful to
105      minors.
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         PCS for HB 1579                            ORIGINAL                                                  2021




106              (w) Section 847.013, relating to exposing minors to harmful
107      motion pictures, exhibitions, shows, presentations, or
108      representations.
109              (x) Section 847.0133, relating to the protection of minors
110      from obscene materials.
111              (y) Section 847.0135, relating to computer pornography,
112      prohibited computer usage, or traveling to meet minors,
113      excluding s. 847.0135(6).
114              (z) Section 847.0137, relating to transmission of child
115      pornography by electronic device or equipment.
116              (aa) Section 847.0138, relating to the transmission of
117      material harmful to minors to a minor by electronic device or
118      equipment.
119              (bb) Section 847.0145, relating to the selling or buying of
120      minors.
121              (cc) Section 856.022, relating to loitering or prowling in
122      close proximity to children.
123              (dd) Section 895.03, relating to racketeering activity, if
124      the court makes a written finding that the racketeering activity
125      involved at least one sexual offense listed in this subsection
126      or at least one offense listed in this subsection which was
127      committed with sexual intent or motive.
128              (ee) Section 916.1075(2), relating to sexual misconduct
129      against a forensic client of a civil or forensic facility for
130      defendants who have a mental illness or an intellectual
131      disability.
132              (ff) Section 985.701(1), relating to sexual misconduct
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         PCS for HB 1579                            ORIGINAL                                                  2021




133      against a juvenile offender.
134              (gg) Any similar offense committed in this state which has
135      been redesignated from a former statute number to one of those
136      listed in this subsection.
137           Section 3. This act shall take effect July 1, 2021.




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                                                                                                                      V
HB 1627
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1627 Continuing Chiropractic Education
SPONSOR(S): Maggard
TIED BILLS:       IDEN./SIM. BILLS: SB 1676

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Professions & Public Health Subcommittee                                               Morris                McElroy

  2) Health Care Appropriations Subcommittee

  3) Health & Human Services Committee

                                                        SUMMARY ANALYSIS
Chapter 460, F.S., is the practice act for chiropractic medicine and sets the minimum requirements for safe practice in the
state. The Board of Chiropractic Medicine (Board), under the Department of Health (DOH) enforces the practice act,
including licensure, monitoring, and ensuring safe practice of chiropractic professionals.

Currently, chiropractic licensees are required to complete continuing education courses in a classroom setting. HB 1627
repeals that requirement and requires the Board to approve continuing education courses offered in a distance learning
format.

The bill authorizes continuing education courses to be taught by:

    •    Current faculty members or postgraduate level instructions of a chiropractic college or school, or a medical or
         osteopathic college;
    •    A person who holds a terminal degree with a minimum of three years of related practice and experience in the
         subject matter taught; or
    •    A person who holds a doctoral degree in chiropractic medicine with a minimum of three years of chiropractic
         practice and experience in the subject matter taught.

The bill prohibits the Board from requiring licensees to enroll only in preapproved continuing education courses and
limiting the number or type of continuing education hours that may be completed through distance learning. The bill also
authorizes the Board to rescind continuing education course approval and impose disciplinary action, if appropriate.

Currently, the Board may provide exceptions to continuing education requirements in cases of emergency or hardship.
The bill authorizes the Board to provide exceptions to such requirements during a declared state of emergency in this
state.

The bill has a negative, insignificant fiscal impact on DOH, which can be absorbed within current resources. The bill has
no fiscal impact on local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1627.PPH
DATE: 3/22/2021
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Regulation and Licensure of Chiropractic Physicians

         Chapter 460, F.S., is the practice act for chiropractic medicine and sets the minimum requirements for
         safe practice in the state. The Board of Chiropractic Medicine (Board), under the Department of Health
         (DOH) enforces the practice act, including licensure, monitoring, and ensuring safe practice of
         chiropractic professionals. 1

         To obtain a chiropractic physician license by examination, one must: 2

              •      Submit a complete application and pay an application fee;
              •      Be at least 18 years of age;
              •      Have graduated from a chiropractic college accredited by the Council on Chiropractic Education
                     or its predecessor agency;
              •      Have completed at least 3 years of residence college work prior to graduation, consisting of a
                     minimum of 90 semester hours leading up to a bachelor’s degree from an accredited college or
                     university; 3
              •      Pass the National Board of Chiropractic Examiners certification exams I, II, III, and IV and
                     physiotherapy exam;
              •      Pass the Florida Laws and Rules Exam; 4 and
              •      Submit to background screening for criminal history.

         Students in an accredited chiropractic college may practice chiropractic medicine without a license as
         part of their clinical training or under the direct supervision of chiropractic physician as part of their
         course of study. Students in their final year of education at an accredited college may also apply for
         licensure and take all of the requisite exams, but must graduate before receiving their license.

                     Continuing Education

         The board is tasked with approving continuing education courses. 5 The board is required to approve
         continuing education courses that are sponsored by chiropractic colleges whose graduates are eligible
         to take the national examination and the courses must build upon the basic courses required for the
         practice of chiropractic medicine. 6 The board is permitted to approve courses in adjunctive modalities.
         Furthermore, the board is directed to require licensees to periodically demonstrate their professional
         competence as a condition of license renewal by completing at least 40 classroom hours of continuing
         education every biennium. 7 The Board may provide exceptions to continuing education requirements in
         cases of emergency or hardship. 8


         Accreditation for Chiropractic Colleges


1 Florida Department of Health, Board of Chiropractic Medicine, https://floridaschiropracticmedicine.gov/ (last visited March 16, 2021).
2 S. 460.406, F.S.
3 For applicants who graduated from a chiropractic college before July 2, 1990, only 2 years of residence college work from an

accredited college or university are required. However, anyone who graduated from a chiropractic college after July 1, 1990, must have
been granted a bachelor’s degree based on 4 academic years of study from an accredited college.
4 S. 456.017(6), F.S.; Rule 64B2-11.001(2), F.A.C.
5 S. 460.408, F.S.
6 S. 460.408(1), F.S.
7 S.460.408(1), F.S. and 64B2-13.004, F.A.C.
8 S. 460.408(2), F.S.

STORAGE NAME: h1627.PPH                                                                                                           PAGE: 2
DATE: 3/22/2021
         Chiropractic education generally includes a four-year doctoral graduate school program which includes
         classroom instruction and clinical training. 9 Licensure laws generally require chiropractic education
         from an accredited chiropractic college. Accreditation is a process for validating an educational
         program which involves an external peer review board developing evaluation criteria and evaluating a
         program’s curriculum, faculty, services and operations, clinical competency, and research to determine
         if the program meets recognized standards. 10

                  U.S. Department of Education

         The U.S. Department of Education (USDE) does not accredit individual higher educational programs,
         but instead recognizes accreditation agencies to evaluate the individual educational programs for
         purposes of participating in USDE’s federal student aid programs. 11 Accreditation agencies are not
         required to apply for recognition with the USDE, but if an educational institution wants to participate in
         federal student aid programs and offer public financial aid to its students, it must be accredited by an
         agency which the USDE has recognized. Therefore, many accreditation agencies choose to apply for
         recognition with the USDE. 12 The USDE currently recognizes approximately 67 accreditation
         agencies. 13

                  Council on Higher Education Accreditation

         The Council on Higher Education Accreditation (CHEA) is a nongovernmental organization that also
         evaluates and recognizes accrediting agencies to ensure the academic quality of institutions and
         programs for higher education in the United States. 14 There is significant overlap between accrediting
         agencies the USDE and CHEA recognize; however, the USDE limits its review to higher education
         related to federal student financial aid programs whereas the CHEA will consider accreditation of all
         higher education. 15 CHEA currently recognizes approximately 60 accrediting agencies for various
         higher education institutions and programs. 16

                  Council on Chiropractic Education

         The Council on Chiropractic Education (CCE) is the only national organization recognized by the
         federal DOE or CHEA to accredit chiropractic education programs for its federal programs. 17 There are
         currently approximately 20 chiropractic colleges accredited by the CCE, three of which are in Florida. 18




         Effect of Proposed Changes

         Continuing Education



9 U.S. Department of Labor, Bureau of Labor Statistics, Chiropractors, https://www.bls.gov/ooh/healthcare/chiropractors.htm#tab-4 (last

visited March 19, 2021).
10 U.S. Department of Education, Overview of Accreditation in the United States,

https://www2.ed.gov/admins/finaid/accred/accreditation.html#Overview (last visited March 19, 2021).
11 Id.
12 Id.
13 U.S. Department of Education, Recognized Accrediting Agencies,

https://www2.ed.gov/admins/finaid/accred/accreditation_pg5.html#NationallyRecognized (last visited March 19, 2021).
14 Council for Higher Education Accreditation, Accreditation & Recognition in the United States, https://www.chea.org/accreditation-

recognition-united-states
15 Id.
16 Council for Higher Education Accreditation, CHEA- and USDE-Recognized Accrediting Organizations, (Apr. 18, 2018),

https://www.chea.org/chea-and-usde-recognized-accrediting-organizations (last visited March 19, 2021).
17 Supra notes 13 and 16.
18 U.S. Department of Education, Database of Accredited Postsecondary Institutions and Programs, https://ope.ed.gov/dapip/#/search-

results (last visited March 19, 2021); Council on Chiropractic Education, Accredited Doctor of Chiropractic Programs/Institutions,
http://www.cce-usa.org/dcp-info.html (last visited March 19, 2021); The 3 FL accredited institutions are the National University of Health
Sciences, Palmer College of Chiropractic, and Keiser University.
STORAGE NAME: h1627.PPH                                                                                                           PAGE: 3
DATE: 3/22/2021
         HB 1627 authorizes the Board to rescind continuing education course approval and impose disciplinary
         action, if appropriate. The bill repeals the requirement that chiropractic continuing education be
         completed in a classroom setting and requires the Board to approve continuing education courses
         offered in a distance learning format, which includes synchronous and asynchronous learning. The
         Board may not require licensees to enroll only in preapproved continuing education courses nor limit
         the number or type of continuing education hours that may be completed through distance learning.

         The bill authorizes the Board to provide exceptions to continuing education requirements during a
         declared state of emergency in this state.

         The bill authorizes continuing education courses to be taught by:

             •    A current faculty member of a:
                      o Chiropractic college or school approved by the board; or
                      o Medical or osteopathic college or university accredited by the CHEA or its successor or
                         the USDE.
             •    A postgraduate level instructor of a:
                      o Chiropractic college or school approved by the Board; or
                      o Medical or osteopathic college or university accredited by the agency recognized by the
                         CHEA or its successor or the USDE.
             •    A person who holds a terminal degree19 with a minimum of three years of related practice and
                  experience in the subject matter taught; or
             •    A person who holds a doctoral degree in chiropractic medicine with a minimum of three years of
                  chiropractic practice and experience in the subject matter taught.

         The bill requires, rather than authorizes, the Board to adopt rules to implement the changes under the
         bill.

    B. SECTION DIRECTORY:
         Section 1         Amends s. 460.408, F.S., relating to continuing chiropractic education.
         Section 2         Provides an effective date of July 1, 2021.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             DOH will experience an increase in workload associated with any rulemaking needed to implement
             the bill and updating the Board’s website, which current resources are adequate to absorb. 20




    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.



19 A terminal degree is the highest degree that may be obtained in a course of study.
20 Department of Health, Agency Analysis of 2021 House Bill 1627, p. 5 (March 16, 2021).

STORAGE NAME: h1627.PPH                                                                                   PAGE: 4
DATE: 3/22/2021
       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Licensees may incur a reduction in expenses associated with travel to a classroom setting to complete
       continuing education hours required for license renewal.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill provides sufficient rulemaking authority for implementation by the Board.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1627.PPH                                                                               PAGE: 5
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           HB 1627                                                                                               2021




    1                                         A bill to be entitled
    2                An act relating to continuing chiropractic education;
    3                amending s. 460.408, F.S.; deleting a requirement that
    4                chiropractic continuing education be completed in a
    5                classroom setting; authorizing the Board of
    6                Chiropractic Medicine to rescind approval for
    7                continuing education courses and impose disciplinary
    8                action, if appropriate; prohibiting the board from
    9                requiring licensees to enroll in only preapproved
10                   courses to satisfy continuing education requirements;
11                   requiring the board to approve distance learning
12                   courses to satisfy continuing education requirements;
13                   prohibiting the board from limiting the number of
14                   hours and type of continuing education courses a
15                   chiropractic physician may complete through distance
16                   learning; authorizing the board to make exceptions to
17                   continuing education requirements during a declared
18                   state of emergency in this state; specifying who may
19                   teach board-approved continuing education courses;
20                   requiring, rather than authorizing, the board to adopt
21                   rules; providing an effective date.
22
23         Be It Enacted by the Legislature of the State of Florida:
24
25                   Section 1.       Section 460.408, Florida Statutes, is amended

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        HB 1627                                                                                               2021




26      to read:
27                460.408     Continuing chiropractic education.—
28                (1)     The board shall require licensees to periodically
29      demonstrate their professional competence as a condition of
30      renewal of a license by completing up to 40 contact classroom
31      hours of continuing education.
32                (a)     Continuing education courses sponsored by chiropractic
33      colleges whose graduates are eligible for examination under any
34      provision of this chapter may be approved upon review by the
35      board if all other requirements of board rules setting forth
36      criteria for course approval are met.
37                (b)     The board shall approve those courses that build upon
38      the basic courses required for the practice of chiropractic
39      medicine, and the board may also approve courses in adjunctive
40      modalities. Courses that consist of instruction in the use,
41      application, prescription, recommendation, or administration of
42      a specific company's brand of products or services are not
43      eligible for approval. The board may rescind course approval and
44      impose disciplinary action, if appropriate. However, the board
45      may not require licensees to enroll in only those courses that
46      have been preapproved by the board to satisfy continuing
47      education requirements under this section.
48                (c)     The board shall approve continuing education courses
49      offered in a distance learning format, including synchronous and
50      asynchronous forms of distance learning, as an alternative to

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        HB 1627                                                                                               2021




51      classroom courses which may be used to satisfy continuing
52      education requirements under this section.
53                (d)     The board may not limit the number or type of approved
54      continuing education hours that may be completed through
55      distance learning.
56                (2)     The board may provide exceptions to make exception
57      from the requirements of this section in emergency or hardship
58      cases and during a declared state of emergency in this state.
59                (3)     A course may be taught by any of the following:
60                (a)     A person holding a doctoral degree in chiropractic
61      medicine, with a minimum of 3 years of chiropractic practice and
62      a minimum of 3 years' experience in the subject matter taught,
63      or a person holding a terminal degree, with a minimum of 3 years
64      of related practice and a minimum of 3 years' experience in the
65      subject matter taught.
66                (b)     A current faculty member of a chiropractic college or
67      school approved by the board, or a current faculty member of a
68      medical or osteopathic college or university accredited by an
69      accrediting agency recognized by the Council for Higher
70      Education Accreditation or its successor or the United States
71      Department of Education.
72                (c)     A postgraduate level instructor of a chiropractic
73      college or school approved by the board, or a postgraduate level
74      instructor of a medical or osteopathic college or university
75      accredited by an accrediting agency recognized by the Council

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        HB 1627                                                                                               2021




76      for Higher Education Accreditation or its successor or the
77      United States Department of Education.
78                (4)     The board shall may adopt rules necessary to implement
79      this section within the requirements of this section that are
80      necessary for its implementation.
81                Section 2.       This act shall take effect July 1, 2021.




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                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 1627   (2021)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:         Professions & Public
 2     Health Subcommittee
 3     Representative Maggard offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 56-58
 7
 8
 9             -----------------------------------------------------
10                          T I T L E    A M E N D M E N T
11          Remove lines 16-18 and insert:
12     Learning; specifying who may




     013571 - h1627-line 56.docx
      Published On: 3/22/2021 5:17:11 PM
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