Florida 2019 Regular Session Status: Passed House

HB 821 — Health Care Practitioners

Last action — Died in Health Policy

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

4056 added · 4027 removed

4056 line(s) added, 4027 removed.

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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 CS/CS/HB 821 2019 A bill to be entitled An act relating to health care practitioners;
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 CS/CS/CS/HB 821 2019 A bill to be entitled An act relating to health care practitioners;
providing Page 1 of 154 CODING:
providing Page 1 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 exceptions;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 exceptions;
providing for the registration of an Page 2 of 154 CODING:
providing for the registration of an Page 2 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 advanced practice registered nurse to engage in autonomous practice;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 advanced practice registered nurse to engage in autonomous practice;
providing additional grounds for denial of a license or disciplinary action for advanced practice registered nurses who are registered to engage in autonomous Page 3 of 154 CODING:
providing additional grounds for denial of a license or disciplinary action for advanced practice registered nurses who are registered to engage in autonomous Page 3 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 practice;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 practice;
Page 4 of 154 CODING:
Page 4 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 320.0848, F.S.;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 320.0848, F.S.;
conforming a provision to Page 5 of 154 CODING:
conforming a provision to Page 5 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 changes made by the act;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 changes made by the act;
providing an exception to certain onsite medical direction requirements for a specified advanced Page 6 of 154 CODING:
providing an exception to certain onsite medical direction requirements for a specified advanced Page 6 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 practice registered nurse;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 practice registered nurse;
authorizing an Page 7 of 154 CODING:
authorizing an Page 7 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 autonomous physician assistant to prescribe admission to a transitional living facility and provide care for the duration of the client's stay in such facility, provide orders for a comprehensive treatment plan, supervise and record medications to be administered to a client, and order physical or chemical restraints for a client, respectively;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 autonomous physician assistant to prescribe admission to a transitional living facility and provide care for the duration of the client's stay in such facility, provide orders for a comprehensive treatment plan, supervise and record medications to be administered to a client, and order physical or chemical restraints for a client, respectively;
revising the definition of the term "ADRD participant" to include a participant who has a specified diagnosis from an Page 8 of 154 CODING:
revising the definition of the term "ADRD participant" to include a participant who has a specified diagnosis from an Page 8 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 autonomous physician assistant;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 autonomous physician assistant;
providing grounds for denial of a license or Page 9 of 154 CODING:
providing grounds for denial of a license or Page 9 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 disciplinary action against an autonomous physician assistant for certain violations;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 disciplinary action against an autonomous physician assistant for certain violations;
requiring personal injury protection insurance to cover a certain percentage of medical services and Page 10 of 154 CODING:
requiring personal injury protection insurance to cover a certain percentage of medical services and Page 10 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 care provided by specified health care providers;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 care provided by specified health care providers;
766.103, F.S.;
744.3675, F.S.;
prohibiting recovery of damages against an autonomous physician assistant under certain conditions;
authorizing an advanced practice registered nurse, autonomous physician assistant, or physician assistant to provide the medical report of a ward in an annual guardianship plan;
766.105, F.S.;
766.103, F.S.;
revising the definition of the term "health care provider" to include an autonomous physician assistants for purposes of the Florida Page 11 of 154 CODING:
prohibiting recovery of damages against an autonomous physician assistant Page 11 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 Patient's Compensation Fund;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 under certain conditions;
amending s.
766.105, F.S.;
revising the definition of the term "health care provider" to include an autonomous physician assistants for purposes of the Florida Patient's Compensation Fund;
authorizing an autonomous physician assistant to conduct a physical examination for a law enforcement officer or correctional officer to satisfy qualifications for employment or appointment;
authorizing an autonomous physician assistant to Page 12 of 155 CODING:
amending s.
945.603, F.S.;
authorizing the Correctional Medical Page 12 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 Authority to review and make recommendations relating to the use of autonomous physician assistants as physician extenders;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 conduct a physical examination for a law enforcement officer or correctional officer to satisfy qualifications for employment or appointment;
945.603, F.S.;
authorizing the Correctional Medical Authority to review and make recommendations relating to the use of autonomous physician assistants as physician extenders;
amending s.
authorizing an autonomous physician assistant to medically evaluate a student athlete;
authorizing an autonomous physician assistant to medically evaluate a Page 13 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
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hb0821-03-c3 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 CS/CS/CS/HB 821 2019 student athlete;
providing appropriations and Page 13 of 154 CODING:
providing appropriations and authorizing positions;
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 authorizing positions;
The name of each school or training program that the applicant has attended, with the months and years of attendance and the month and year of graduation, and a description of all graduate professional education completed by the applicant, excluding any coursework taken to satisfy continuing education Page 14 of 154 CODING:
The name of each school or training program that the Page 14 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 requirements.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 applicant has attended, with the months and years of attendance and the month and year of graduation, and a description of all graduate professional education completed by the applicant, excluding any coursework taken to satisfy continuing education requirements.
A description of any criminal offense of which the applicant has been found guilty, regardless of whether adjudication of guilt was withheld, or to which the applicant has pled guilty or nolo contendere.
A description of any criminal offense of which the applicant has been found guilty, regardless of whether Page 15 of 155 CODING:
A criminal offense committed in another jurisdiction which would have been a felony or misdemeanor if committed in this state must be reported.
If the Page 15 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 applicant indicates that a criminal offense is under appeal and submits a copy of the notice for appeal of that criminal offense, the department must state that the criminal offense is under appeal if the criminal offense is reported in the applicant's profile.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 adjudication of guilt was withheld, or to which the applicant has pled guilty or nolo contendere.
A criminal offense committed in another jurisdiction which would have been a felony or misdemeanor if committed in this state must be reported.
If the applicant indicates that a criminal offense is under appeal and submits a copy of the notice for appeal of that criminal offense, the department must state that the criminal offense is under appeal if the criminal offense is reported in the applicant's profile.
If the applicant indicates that the disciplinary action is under appeal and submits a copy of the document initiating an appeal of the disciplinary action, the department must state that the disciplinary action is under appeal if the disciplinary action is reported in the applicant's Page 16 of 154 CODING:
If the applicant indicates that the Page 16 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 profile.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 disciplinary action is under appeal and submits a copy of the document initiating an appeal of the disciplinary action, the department must state that the disciplinary action is under appeal if the disciplinary action is reported in the applicant's profile.
Failure to comply with the requirements of this subsection to update and submit information constitutes a ground for disciplinary action under the applicable practice act chapter 464 and s.
Failure to comply with the requirements of this subsection to update and submit information constitutes a ground for disciplinary action under the applicable practice act Page 17 of 155 CODING:
456.072(1)(k).
For failure to comply with the requirements of this subsection to update and submit information, the department or board, as appropriate, may:
(a) Refuse to issue a license or registration to any Page 17 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 person applying for initial licensure or registration who fails to submit and update the required information.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 chapter 464 and s.
456.072(1)(k).
For failure to comply with the requirements of this subsection to update and submit information, the department or board, as appropriate, may:
(a) Refuse to issue a license or registration to any person applying for initial licensure or registration who fails to submit and update the required information.
464.012 must submit a set of fingerprints to the Department of Health on a form and under procedures specified by the department, along with payment in an amount equal to the costs incurred by the Department of Health for a national criminal history check of Page 18 of 154 CODING:
464.012 Page 18 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 the applicant.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 must submit a set of fingerprints to the Department of Health on a form and under procedures specified by the department, along with payment in an amount equal to the costs incurred by the Department of Health for a national criminal history check of the applicant.
The Department of Health shall submit the fingerprints provided by an applicant for initial licensure to the Florida Department of Law Enforcement for a statewide criminal history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check of the applicant.
The Department of Health shall submit the fingerprints provided by an applicant for initial licensure to the Florida Department of Law Enforcement for a statewide criminal history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check of the Page 19 of 155 CODING:
2.
The department shall submit the fingerprints provided by an applicant for the initial renewal of licensure to the Florida Department of Law Enforcement for a statewide criminal Page 19 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check for the initial renewal of the applicant's certificate after the effective date of this section.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 applicant.
2.
The department shall submit the fingerprints provided by an applicant for the initial renewal of licensure to the Florida Department of Law Enforcement for a statewide criminal history check, and the Florida Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check for the initial renewal of the applicant's certificate after the effective date of this section.
(d) Any applicant for initial licensure or renewal of licensure as an advanced practice registered nurse who submits to the Department of Health a set of fingerprints and information required for the criminal history check required under this section shall not be required to provide a subsequent set of fingerprints or other duplicate information required for a criminal history check to the Agency for Health Care Administration, the Department of Juvenile Justice, or the Department of Children and Families for employment or licensure with such agency or department, if the applicant has undergone a criminal history check as a condition of initial licensure or renewal of licensure as an advanced practice registered nurse with the Department of Health, notwithstanding any other provision of law to the contrary.
(d) Any applicant for initial licensure or renewal of licensure as an advanced practice registered nurse who submits to the Department of Health a set of fingerprints and information required for the criminal history check required under this section shall not be required to provide a subsequent set of fingerprints or other duplicate information required for a criminal history check to the Agency for Health Care Administration, the Department of Juvenile Justice, or the Department of Children and Families for employment or licensure with such agency or department, if the applicant has undergone a criminal history check as a condition of initial licensure or renewal of licensure as an advanced practice registered nurse Page 20 of 155 CODING:
In lieu of such duplicate submission, the Agency for Health Care Administration, the Department of Juvenile Justice, and the Department of Children Page 20 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 and Families shall obtain criminal history information for employment or licensure of persons licensed under s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 with the Department of Health, notwithstanding any other provision of law to the contrary.
In lieu of such duplicate submission, the Agency for Health Care Administration, the Department of Juvenile Justice, and the Department of Children and Families shall obtain criminal history information for employment or licensure of persons licensed under s.
creation.— (6) The Department of Health shall provide in each practitioner profile for every physician, autonomous physician assistant, or advanced practice registered nurse terminated for cause from participating in the Medicaid program, pursuant to s.
creation.— Page 21 of 155 CODING:
Page 21 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 409.913, or sanctioned by the Medicaid program a statement that the practitioner has been terminated from participating in the Florida Medicaid program or sanctioned by the Medicaid program.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (6) The Department of Health shall provide in each practitioner profile for every physician, autonomous physician assistant, or advanced practice registered nurse terminated for cause from participating in the Medicaid program, pursuant to s.
409.913, or sanctioned by the Medicaid program a statement that the practitioner has been terminated from participating in the Florida Medicaid program or sanctioned by the Medicaid program.
(d)(h) "Continuing medical education" means courses recognized and approved by the boards, the American Academy of Physician Assistants, the American Medical Association, the American Osteopathic Association, or the Accreditation Council on Continuing Medical Education.
(d)(h) "Continuing medical education" means courses Page 22 of 155 CODING:
Page 22 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (e)(c) "Council" means the Council on Physician Assistants.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 recognized and approved by the boards, the American Academy of Physician Assistants, the American Medical Association, the American Osteopathic Association, or the Accreditation Council on Continuing Medical Education.
(e)(c) "Council" means the Council on Physician Assistants.
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— (b) This chapter does not prevent third-party payors from reimbursing employers of physician assistants or autonomous physician assistants for covered services rendered by licensed physician assistants or registered autonomous physician Page 23 of 154 CODING:
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— Page 23 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 assistants.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (b) This chapter does not prevent third-party payors from reimbursing employers of physician assistants or autonomous physician assistants for covered services rendered by licensed physician assistants or registered autonomous physician assistants.
The physician assistant must complete a minimum of 10 continuing medical education hours in the specialty practice in which the physician assistant has prescriptive privileges with each licensure renewal.
The physician assistant must complete a minimum of 10 Page 24 of 155 CODING:
Three of the 10 hours must consist of a continuing education course on the safe and effective Page 24 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 prescribing of controlled substance medications which is offered by a statewide professional association of physicians in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award Category 1 credit or designated by the American Academy of Physician Assistants as a Category 1 credit.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 continuing medical education hours in the specialty practice in which the physician assistant has prescriptive privileges with each licensure renewal.
Three of the 10 hours must consist of a continuing education course on the safe and effective prescribing of controlled substance medications which is offered by a statewide professional association of physicians in this state accredited to provide educational activities designated for the American Medical Association Physician's Recognition Award Category 1 credit or designated by the American Academy of Physician Assistants as a Category 1 credit.
The inclusion of the prescriber number creates a presumption that the physician assistant is authorized to prescribe the medicinal drug and the prescription is valid.
The inclusion of the prescriber number creates a presumption that Page 25 of 155 CODING:
6.
The physician assistant must note the prescription or dispensing of medication in the appropriate medical record.
Page 25 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (f)1.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 the physician assistant is authorized to prescribe the medicinal drug and the prescription is valid.
6.
The physician assistant must note the prescription or dispensing of medication in the appropriate medical record.
(f)1.
The boards shall adopt the formulary required by this paragraph, and each addition, deletion, or modification to the formulary, by rule.
The boards shall adopt the formulary required by this paragraph, and each addition, deletion, or modification to the Page 26 of 155 CODING:
Notwithstanding any provision of chapter 120 to the contrary, the formulary rule shall be effective 60 days after the date it is filed with the Secretary of State.
Upon adoption of the formulary, the department shall mail a copy of Page 26 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 such formulary to each registered autonomous physician assistant or fully licensed physician assistant having prescribing authority under this section or s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 formulary, by rule.
Notwithstanding any provision of chapter 120 to the contrary, the formulary rule shall be effective 60 days after the date it is filed with the Secretary of State.
Upon adoption of the formulary, the department shall mail a copy of such formulary to each registered autonomous physician assistant or fully licensed physician assistant having prescribing authority under this section or s.
The department shall issue a license to any person certified by the council as having met the following requirements:
The department shall Page 27 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 issue a license to any person certified by the council as having met the following requirements:
Has satisfactorily passed a proficiency examination by Page 27 of 154 CODING:
Has satisfactorily passed a proficiency examination by an acceptable score established by the National Commission on Certification of Physician Assistants.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 an acceptable score established by the National Commission on Certification of Physician Assistants.
A copy of course transcripts and a copy of the course description from a physician assistant training program describing course content in pharmacotherapy, if the applicant wishes to apply for prescribing authority.
A copy of course transcripts and a copy of the course description from a physician assistant training program Page 28 of 155 CODING:
These documents must meet the evidence requirements for prescribing authority.
(f) The Board of Medicine may impose any of the penalties Page 28 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 authorized under ss.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 describing course content in pharmacotherapy, if the applicant wishes to apply for prescribing authority.
These documents must meet the evidence requirements for prescribing authority.
(f) The Board of Medicine may impose any of the penalties authorized under ss.
Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours within the 3 years immediately preceding the submission of the registration request while practicing as a physician assistant under the supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by any state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours within the 3 years immediately preceding the submission of the registration request while practicing as a physician assistant under the Page 29 of 155 CODING:
Page 29 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 4.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by any state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
4.
If such person initiates or resumes any practice as an autonomous physician assistant, he or she must notify the department of such activity and fulfill the professional liability coverage requirements of this subparagraph.
If such person initiates or resumes any Page 30 of 155 CODING:
Page 30 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (b) The department shall conspicuously distinguish an autonomous physician assistant license if he or she is registered under this subsection.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 practice as an autonomous physician assistant, he or she must notify the department of such activity and fulfill the professional liability coverage requirements of this subparagraph.
(b) The department shall conspicuously distinguish an autonomous physician assistant license if he or she is registered under this subsection.
(d) An autonomous physician assistant must biennially renew his or her registration under this subsection.
Page 31 of 155 CODING:
The biennial renewal shall coincide with the autonomous physician assistant's biennial renewal period for physician assistant Page 31 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 licensure.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (d) An autonomous physician assistant must biennially renew his or her registration under this subsection.
The biennial renewal shall coincide with the autonomous physician assistant's biennial renewal period for physician assistant licensure.
(b) Two of the members appointed to the council must be physicians who supervise physician assistants in their practice.
Page 32 of 155 CODING:
Members shall be appointed to terms of 4 years, except that of the initial appointments, two members shall be appointed to Page 32 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 terms of 2 years, two members shall be appointed to terms of 3 years, and one member shall be appointed to a term of 4 years, as established by rule of the boards.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (b) Two of the members appointed to the council must be physicians who supervise physician assistants in their practice.
Members shall be appointed to terms of 4 years, except that of the initial appointments, two members shall be appointed to terms of 2 years, two members shall be appointed to terms of 3 years, and one member shall be appointed to a term of 4 years, as established by rule of the boards.
The language of all proposed rules submitted by the council must be approved by both boards pursuant to each respective board's guidelines and standards regarding the adoption of proposed rules.
The language of all proposed rules submitted by the council must Page 33 of 155 CODING:
If either board rejects the council's proposed rule, that board must specify its objection to the council with Page 33 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 particularity and include any recommendations it may have for the modification of the proposed rule.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 be approved by both boards pursuant to each respective board's guidelines and standards regarding the adoption of proposed rules.
If either board rejects the council's proposed rule, that board must specify its objection to the council with particularity and include any recommendations it may have for the modification of the proposed rule.
Such conditions may include placement of the licensee on probation for a period of time and subject to such conditions as the council may specify, including but not limited to, requiring the licensee to undergo treatment, to attend continuing education courses, to work under the direct supervision of a physician licensed in this state, or to take corrective action.
Such conditions may include placement of the licensee on probation for a period of time and subject to such conditions as the council may specify, including but not limited to, requiring the Page 34 of 155 CODING:
(12)(11) PENALTY.—Any person who has not been licensed by Page 34 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 the council and approved by the department and who holds himself or herself out as an autonomous physician assistant or a physician assistant or who uses any other term in indicating or implying that he or she is an autonomous physician assistant or a physician assistant commits a felony of the third degree, punishable as provided in s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 licensee to undergo treatment, to attend continuing education courses, to work under the direct supervision of a physician licensed in this state, or to take corrective action.
(12)(11) PENALTY.—Any person who has not been licensed by the council and approved by the department and who holds himself or herself out as an autonomous physician assistant or a physician assistant or who uses any other term in indicating or implying that he or she is an autonomous physician assistant or a physician assistant commits a felony of the third degree, punishable as provided in s.
(19) ADVERSE INCIDENTS.—An autonomous physician assistant must report adverse incidents to the department in the manner required under s.
Page 35 of 155 CODING:
458.351.
Section 4.
Subsections (8) through (17) of section Page 35 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 459.022, Florida Statutes, are renumbered as subsections (9) through (18), respectively, subsection (2), paragraphs (b) and (e) of subsection (4), paragraph (a) of subsection (6), paragraphs (a) and (f) of subsection (7), present subsection (9), and present subsections (11) through (13) are amended, paragraph (b) is added to subsection (2), and new subsections (8) and (19) are added to that section, to read:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (19) ADVERSE INCIDENTS.—An autonomous physician assistant must report adverse incidents to the department in the manner required under s.
458.351.
Section 4.
Subsections (8) through (17) of section 459.022, Florida Statutes, are renumbered as subsections (9) through (18), respectively, subsection (2), paragraphs (b) and (e) of subsection (4), paragraph (a) of subsection (6), paragraphs (a) and (f) of subsection (7), present subsection (9), and present subsections (11) through (13) are amended, paragraph (b) is added to subsection (2), and new subsections (8) and (19) are added to that section, to read:
(e)(c) "Council" means the Council on Physician Assistants.
Page 36 of 155 CODING:
(f)(e) "Physician assistant" means a person who is a graduate of an approved program or its equivalent or meets Page 36 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 standards approved by the boards and is licensed to perform medical services delegated by the supervising physician.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (e)(c) "Council" means the Council on Physician Assistants.
(f)(e) "Physician assistant" means a person who is a graduate of an approved program or its equivalent or meets standards approved by the boards and is licensed to perform medical services delegated by the supervising physician.
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— (b) This chapter does not prevent third-party payors from reimbursing employers of autonomous physician assistants or physician assistants for covered services rendered by registered autonomous physician assistants or licensed physician assistants.
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— (b) This chapter does not prevent third-party payors from reimbursing employers of autonomous physician assistants or physician assistants for covered services rendered by registered autonomous physician assistants or licensed physician Page 37 of 155 CODING:
(e) A supervising physician may delegate to a fully licensed physician assistant the authority to prescribe or dispense any medication used in the supervising physician's Page 37 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 practice unless such medication is listed on the formulary created pursuant to s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 assistants.
(e) A supervising physician may delegate to a fully licensed physician assistant the authority to prescribe or dispense any medication used in the supervising physician's practice unless such medication is listed on the formulary created pursuant to s.
The department may issue a prescriber number to the physician assistant granting authority for the prescribing of medicinal drugs authorized within this paragraph upon completion of the requirements of this paragraph.
The department may issue a prescriber number to the Page 38 of 155 CODING:
The physician assistant is not required to independently register pursuant to s.
Page 38 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 465.0276.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 physician assistant granting authority for the prescribing of medicinal drugs authorized within this paragraph upon completion of the requirements of this paragraph.
The physician assistant is not required to independently register pursuant to s.
465.0276.
The council may recommend only those physician assistant programs that hold full accreditation or provisional accreditation from the Commission on Accreditation of Allied Health Programs or its successor organization.
The council may recommend only those physician assistant programs that hold full accreditation or provisional accreditation from the Commission on Accreditation of Allied Page 39 of 155 CODING:
(7) PHYSICIAN ASSISTANT LICENSURE.— (a) Any person desiring to be licensed as a physician assistant must apply to the department.
The department shall Page 39 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 issue a license to any person certified by the council as having met the following requirements:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 Health Programs or its successor organization.
(7) PHYSICIAN ASSISTANT LICENSURE.— (a) Any person desiring to be licensed as a physician assistant must apply to the department.
The department shall issue a license to any person certified by the council as having met the following requirements:
c.
Page 40 of 155 CODING:
Acknowledgment of any previous revocation or denial of licensure or certification in any state.
d.
A copy of course transcripts and a copy of the course description from a physician assistant training program Page 40 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 describing course content in pharmacotherapy, if the applicant wishes to apply for prescribing authority.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 c.
Acknowledgment of any previous revocation or denial of licensure or certification in any state.
d.
A copy of course transcripts and a copy of the course description from a physician assistant training program describing course content in pharmacotherapy, if the applicant wishes to apply for prescribing authority.
3.
Page 41 of 155 CODING:
Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours within the 3 years immediately preceding the submission of the registration request while practicing as a physician assistant under the Page 41 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by any state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 3.
Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours within the 3 years immediately preceding the submission of the registration request while practicing as a physician assistant under the supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by any state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
Such practice is limited to that which is incidental to and a necessary part of duties in connection with the teaching position.
Such practice is limited to that which is incidental to and a necessary part of duties in connection with the teaching Page 42 of 155 CODING:
d.
Any person who holds an active license under this subsection who is not practicing as an autonomous physician assistant in this state.
If such person initiates or resumes any Page 42 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 practice as an autonomous physician assistant, he or she must notify the department of such activity and fulfill the professional liability coverage requirements of this subparagraph.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 position.
d.
Any person who holds an active license under this subsection who is not practicing as an autonomous physician assistant in this state.
If such person initiates or resumes any practice as an autonomous physician assistant, he or she must notify the department of such activity and fulfill the professional liability coverage requirements of this subparagraph.
6.
Page 43 of 155 CODING:
Provide any service that is within the scope of the autonomous physician assistant's education and experience and provided in accordance with rules adopted by the board.
(d) An autonomous physician assistant must biennially Page 43 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 renew his or her registration under this subsection.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 6.
Provide any service that is within the scope of the autonomous physician assistant's education and experience and provided in accordance with rules adopted by the board.
(d) An autonomous physician assistant must biennially renew his or her registration under this subsection.
3.
Page 44 of 155 CODING:
The State Surgeon General or her or his designee shall appoint three a fully licensed physician assistants assistant licensed under chapter 458 or this chapter.
(b) Two of the members appointed to the council must be Page 44 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 physicians who supervise physician assistants in their practice.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 3.
The State Surgeon General or her or his designee shall appoint three a fully licensed physician assistants assistant licensed under chapter 458 or this chapter.
(b) Two of the members appointed to the council must be physicians who supervise physician assistants in their practice.
A proposed rule submitted by the council may not be adopted by either board unless both boards have accepted and approved the identical language contained in the proposed rule.
A proposed rule submitted by the council may not be Page 45 of 155 CODING:
The language of all proposed rules submitted by the council must be approved by both boards pursuant to each respective board's Page 45 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 guidelines and standards regarding the adoption of proposed rules.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 adopted by either board unless both boards have accepted and approved the identical language contained in the proposed rule.
The language of all proposed rules submitted by the council must be approved by both boards pursuant to each respective board's guidelines and standards regarding the adoption of proposed rules.
Such conditions may include placement of the licensee on probation for a period of time and subject to such conditions as the council may specify, including but not limited to, requiring the licensee to undergo treatment, to attend continuing education Page 46 of 154 CODING:
Such Page 46 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 courses, to work under the direct supervision of a physician licensed in this state, or to take corrective action.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 conditions may include placement of the licensee on probation for a period of time and subject to such conditions as the council may specify, including but not limited to, requiring the licensee to undergo treatment, to attend continuing education courses, to work under the direct supervision of a physician licensed in this state, or to take corrective action.
(14)(13) RULES.—The boards shall adopt rules to implement this section, including rules detailing the contents of the application for licensure and notification pursuant to subsection (7), rules relating to the registration of autonomous physician assistants pursuant to subsection (8), and rules to ensure both the continued competency of autonomous physician assistants and physician assistants and the proper utilization of them by physicians or groups of physicians.
(14)(13) RULES.—The boards shall adopt rules to implement this section, including rules detailing the contents of the application for licensure and notification pursuant to subsection (7), rules relating to the registration of autonomous physician assistants pursuant to subsection (8), and rules to Page 47 of 155 CODING:
(19) ADVERSE INCIDENTS.—An autonomous physician assistant Page 47 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 must report adverse incidents to the department in the same manner as required under s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 ensure both the continued competency of autonomous physician assistants and physician assistants and the proper utilization of them by physicians or groups of physicians.
(19) ADVERSE INCIDENTS.—An autonomous physician assistant must report adverse incidents to the department in the same manner as required under s.
The board may by rule provide for provisional state licensure of certified registered nurse anesthetists, clinical nurse specialists, certified nurse practitioners, psychiatric nurses, and certified nurse midwives for a period of time determined to be appropriate for preparing for and passing the national certification examination.
The board may by rule provide for provisional state licensure of certified registered nurse anesthetists, clinical nurse specialists, certified nurse practitioners, psychiatric nurses, and certified nurse midwives Page 48 of 155 CODING:
(b) Graduation from a program leading to a master's degree program in a nursing clinical specialty area with preparation in Page 48 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 specialized practitioner skills.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 for a period of time determined to be appropriate for preparing for and passing the national certification examination.
(b) Graduation from a program leading to a master's degree program in a nursing clinical specialty area with preparation in specialized practitioner skills.
(3) An advanced practice registered nurse shall perform those functions authorized in this section within the framework of an established protocol that must be maintained on site at the location or locations at which an advanced practice registered nurse practices, unless the advanced practice registered nurse is registered to engage in autonomous practice pursuant to s.
(3) An advanced practice registered nurse shall perform those functions authorized in this section within the framework of an established protocol that must be maintained on site at the location or locations at which an advanced practice registered nurse practices, unless the advanced practice Page 49 of 155 CODING:
464.0123.
In the case of multiple supervising physicians in the same group, an advanced practice registered nurse must enter into a supervisory protocol with at least one Page 49 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 physician within the physician group practice.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 registered nurse is registered to engage in autonomous practice pursuant to s.
464.0123.
In the case of multiple supervising physicians in the same group, an advanced practice registered nurse must enter into a supervisory protocol with at least one physician within the physician group practice.
(f) Sign, certify, stamp, verify, or endorse a document that requires the signature, certification, stamp, verification, affidavit, or endorsement of a physician.
Page 50 of 155 CODING:
However, a supervisory physician may not delegate the authority to issue a documented Page 50 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 approval to release a patient from a receiving facility or its contractor under s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (f) Sign, certify, stamp, verify, or endorse a document that requires the signature, certification, stamp, verification, affidavit, or endorsement of a physician.
However, a supervisory physician may not delegate the authority to issue a documented approval to release a patient from a receiving facility or its contractor under s.
(c) Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours or clinical instructional hours within the 5 years immediately preceding the registration request while practicing as an advanced practice Page 51 of 154 CODING:
Page 51 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 registered nurse under the supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by another state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (c) Has completed, in any jurisdiction of the United States, at least 2,000 clinical practice hours or clinical instructional hours within the 5 years immediately preceding the registration request while practicing as an advanced practice registered nurse under the supervision of an allopathic or osteopathic physician who held an active, unencumbered license issued by another state, the District of Columbia, or a possession or territory of the United States during the period of such supervision.
626.914(2), from a risk retention group as defined under s.
626.914(2), from a risk Page 52 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 retention group as defined under s.
Obtaining and maintaining an unexpired, irrevocable Page 52 of 154 CODING:
Obtaining and maintaining an unexpired, irrevocable letter of credit, established pursuant to chapter 675, in an amount of not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 letter of credit, established pursuant to chapter 675, in an amount of not less than $100,000 per claim, with a minimum aggregate availability of credit of not less than $300,000.
Any person who practices as an advanced practice registered nurse registered under this section only in conjunction with his or her teaching duties at an accredited school or its main teaching hospitals.
Any person who practices as an advanced practice registered nurse registered under this section only in Page 53 of 155 CODING:
Such practice is limited to that which is incidental to and a necessary part of duties in connection with the teaching position.
Page 53 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 4.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 conjunction with his or her teaching duties at an accredited school or its main teaching hospitals.
Such practice is limited to that which is incidental to and a necessary part of duties in connection with the teaching position.
4.
1.
Page 54 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 1.
Discharge the patient from the facility, unless Page 54 of 154 CODING:
Discharge the patient from the facility, unless prohibited by federal law or rule.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 prohibited by federal law or rule.
(9) The board may establish an advisory committee to make evidence-based recommendations about medical acts that an advanced practice registered nurse who is registered under this section may perform.
(9) The board may establish an advisory committee to make evidence-based recommendations about medical acts that an advanced practice registered nurse who is registered under this Page 55 of 155 CODING:
The committee must consist of four advanced practice registered nurses licensed under this chapter, appointed by the board;
two physicians licensed under chapter 458 or chapter 459 who have professional experience with Page 55 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 advanced practice registered nurses, appointed by the Board of Medicine;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 section may perform.
The committee must consist of four advanced practice registered nurses licensed under this chapter, appointed by the board;
two physicians licensed under chapter 458 or chapter 459 who have professional experience with advanced practice registered nurses, appointed by the Board of Medicine;
(2) The report must be in writing, sent to the department by certified mail, and postmarked within 15 days after the occurrence of the adverse incident if the adverse incident occurs when the patient is at the office of the advanced practice registered nurse.
(2) The report must be in writing, sent to the department by certified mail, and postmarked within 15 days after the occurrence of the adverse incident if the adverse incident occurs when the patient is at the office of the advanced Page 56 of 155 CODING:
If the adverse incident occurs when the patient is not at the office of the advanced practice registered nurse, the report must be postmarked within 15 days after the advanced practice registered nurse discovers, or Page 56 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 reasonably should have discovered, the occurrence of the adverse incident.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 practice registered nurse.
If the adverse incident occurs when the patient is not at the office of the advanced practice registered nurse, the report must be postmarked within 15 days after the advanced practice registered nurse discovers, or reasonably should have discovered, the occurrence of the adverse incident.
464.018 Disciplinary actions.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in ss.
464.018 Disciplinary actions.— (1) The following acts constitute grounds for denial of a Page 57 of 155 CODING:
456.072(2) and 464.0095:
(r) For an advanced practice registered nurse who is registered to engage in autonomous practice pursuant to s.
Page 57 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 464.0123:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 license or disciplinary action, as specified in ss.
456.072(2) and 464.0095:
(r) For an advanced practice registered nurse who is registered to engage in autonomous practice pursuant to s.
464.0123:
Soliciting patients, either personally or through an agent, by the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.
Soliciting patients, either personally or through an agent, by the use of fraud, intimidation, undue influence, or a Page 58 of 155 CODING:
As used in this subparagraph, the term "soliciting" means directly or implicitly requesting an immediate oral response from the recipient.
5.
Failing to keep legible, as defined by department rule Page 58 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 in consultation with the board, medical records that identify the advanced practice registered nurse by name and professional title who is responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 form of overreaching or vexatious conduct.
As used in this subparagraph, the term "soliciting" means directly or implicitly requesting an immediate oral response from the recipient.
5.
Failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the advanced practice registered nurse by name and professional title who is responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories;
9.
Page 59 of 155 CODING:
Delegating professional responsibilities to a person when the advanced practice registered nurse delegating such responsibilities knows or has reason to believe that such person is not qualified by training, experience, or licensure to Page 59 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 perform such responsibilities.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 9.
Delegating professional responsibilities to a person when the advanced practice registered nurse delegating such responsibilities knows or has reason to believe that such person is not qualified by training, experience, or licensure to perform such responsibilities.
(43) "Licensed health care professional" means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of chapter 464, an autonomous physician assistant or a physician assistant registered or licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466.
(43) "Licensed health care professional" means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of chapter 464, an autonomous physician assistant or a physician assistant Page 60 of 155 CODING:
Section 10.
Paragraphs (d) and (e) of subsection (5) of section 39.303, Florida Statutes, are redesignated as paragraphs Page 60 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (e) and (f), respectively, a new paragraph (d) is added to that subsection, and paragraph (a) of subsection (6) of that section is amended, to read:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 registered or licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466.
Section 10.
Paragraphs (d) and (e) of subsection (5) of section 39.303, Florida Statutes, are redesignated as paragraphs (e) and (f), respectively, a new paragraph (d) is added to that subsection, and paragraph (a) of subsection (6) of that section is amended, to read:
(a) The child was examined for the alleged abuse or neglect by a physician who is not a member of the child protection team, and a consultation between the child protection team medical director or a child protection team board-certified pediatrician, advanced practice registered nurse, autonomous physician assistant, or physician assistant working under the supervision of a child protection team medical director or a child protection team board-certified pediatrician, or Page 61 of 154 CODING:
(a) The child was examined for the alleged abuse or neglect by a physician who is not a member of the child protection team, and a consultation between the child protection team medical director or a child protection team board-certified Page 61 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 registered nurse working under the direct supervision of a child protection team medical director or a child protection team board-certified pediatrician, and the examining physician concludes that a further medical evaluation is unnecessary;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 pediatrician, advanced practice registered nurse, autonomous physician assistant, or physician assistant working under the supervision of a child protection team medical director or a child protection team board-certified pediatrician, or registered nurse working under the direct supervision of a child protection team medical director or a child protection team board-certified pediatrician, and the examining physician concludes that a further medical evaluation is unnecessary;
39.304 Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child.— (1) (b) If the areas of trauma visible on a child indicate a need for a medical examination, or if the child verbally complains or otherwise exhibits distress as a result of injury through suspected child abuse, abandonment, or neglect, or is alleged to have been sexually abused, the person required to investigate may cause the child to be referred for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents or legal custodian.
39.304 Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child.— (1) (b) If the areas of trauma visible on a child indicate a need for a medical examination, or if the child verbally complains or otherwise exhibits distress as a result of injury through suspected child abuse, abandonment, or neglect, or is alleged to have been sexually abused, the person required to investigate may cause the child to be referred for diagnosis to a licensed physician or an emergency department in a hospital Page 62 of 155 CODING:
Such examination may be performed by any licensed physician, registered autonomous physician assistant, licensed physician assistant, or an advanced practice registered nurse licensed Page 62 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 pursuant to part I of chapter 464.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 without the consent of the child's parents or legal custodian.
Such examination may be performed by any licensed physician, registered autonomous physician assistant, licensed physician assistant, or an advanced practice registered nurse licensed pursuant to part I of chapter 464.
(d) The department shall establish the reimbursement schedule for prescription drugs and supplies dispensed under the program.
(d) The department shall establish the reimbursement Page 63 of 155 CODING:
Reimbursement rates for a prescription drug or supply must be based on the cost of the generic equivalent drug or supply if a generic equivalent exists, unless the physician, Page 63 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 advanced practice registered nurse, autonomous physician assistant, or physician assistant prescribing the drug or supply clearly states on the prescription that the brand name drug or supply is medically necessary or that the drug or supply is included on the formulary of drugs and supplies that may not be interchanged as provided in chapter 465, in which case reimbursement must be based on the cost of the brand name drug or supply as specified in the reimbursement schedule adopted by the department.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 schedule for prescription drugs and supplies dispensed under the program.
Reimbursement rates for a prescription drug or supply must be based on the cost of the generic equivalent drug or supply if a generic equivalent exists, unless the physician, advanced practice registered nurse, autonomous physician assistant, or physician assistant prescribing the drug or supply clearly states on the prescription that the brand name drug or supply is medically necessary or that the drug or supply is included on the formulary of drugs and supplies that may not be interchanged as provided in chapter 465, in which case reimbursement must be based on the cost of the brand name drug or supply as specified in the reimbursement schedule adopted by the department.
464.012.
Page 64 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 464.012.
A worker employed by a public or private hospital in Page 64 of 154 CODING:
A worker employed by a public or private hospital in the state.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 the state.
The board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a certificated deputy pilot.
The board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental Page 65 of 155 CODING:
Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an Page 65 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 advanced practice registered nurse, an autonomous physician assistant, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, autonomous physician assistant, or physician assistant.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 capabilities necessary to carry out the professional duties of a certificated deputy pilot.
Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an advanced practice registered nurse, an autonomous physician assistant, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, autonomous physician assistant, or physician assistant.
The board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a licensed state pilot.
The board shall adopt rules to establish requirements for passing the physical examination, which rules Page 66 of 155 CODING:
Such standards shall include zero tolerance for any controlled substance regulated under chapter Page 66 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 893 unless that individual is under the care of a physician, an advanced practice registered nurse, an autonomous physician assistant, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, autonomous physician assistant, or physician assistant.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a licensed state pilot.
Such standards shall include zero tolerance for any controlled substance regulated under chapter 893 unless that individual is under the care of a physician, an advanced practice registered nurse, an autonomous physician assistant, or a physician assistant and that controlled substance was prescribed by that physician, advanced practice registered nurse, autonomous physician assistant, or physician assistant.
(b) Are in good physical and mental health as evidenced by documentary proof of having satisfactorily passed a physical examination administered by a licensed physician or physician assistant within each calendar year.
(b) Are in good physical and mental health as evidenced by documentary proof of having satisfactorily passed a physical examination administered by a licensed physician or physician Page 67 of 155 CODING:
The board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional Page 67 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 duties of a licensed state pilot or a certificated deputy pilot.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 assistant within each calendar year.
The board shall adopt rules to establish requirements for passing the physical examination, which rules shall establish minimum standards for the physical or mental capabilities necessary to carry out the professional duties of a licensed state pilot or a certificated deputy pilot.
Section 17.
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Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 Section 17.
permits for certain Page 68 of 154 CODING:
permits for certain providers of transportation services to persons who have disabilities.— (1) (b)1.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 providers of transportation services to persons who have disabilities.— (1) (b)1.
e.
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Restriction by cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association.
Page 69 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 f.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 e.
Restriction by cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association.
f.
isolation and quarantines.—The State Health Officer is responsible for declaring public health emergencies, issuing public health advisories, and ordering isolation or quarantines.
isolation and quarantines.—The State Health Officer is responsible for declaring public health emergencies, issuing Page 70 of 155 CODING:
(1) As used in this section, the term:
(c) "Public health emergency" means any occurrence, or threat thereof, whether natural or manmade, which results or may Page 70 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 result in substantial injury or harm to the public health from infectious disease, chemical agents, nuclear agents, biological toxins, or situations involving mass casualties or natural disasters.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 public health advisories, and ordering isolation or quarantines.
(1) As used in this section, the term:
(c) "Public health emergency" means any occurrence, or threat thereof, whether natural or manmade, which results or may result in substantial injury or harm to the public health from infectious disease, chemical agents, nuclear agents, biological toxins, or situations involving mass casualties or natural disasters.
Directing manufacturers of prescription drugs or over- the-counter drugs who are permitted under chapter 499 and wholesalers of prescription drugs located in this state who are permitted under chapter 499 to give priority to the shipping of specified drugs to pharmacies and health care providers within geographic areas that have been identified by the State Health Officer.
Directing manufacturers of prescription drugs or over- the-counter drugs who are permitted under chapter 499 and wholesalers of prescription drugs located in this state who are permitted under chapter 499 to give priority to the shipping of specified drugs to pharmacies and health care providers within Page 71 of 155 CODING:
The State Health Officer must identify the drugs to be shipped.
Manufacturers and wholesalers located in the state must respond to the State Health Officer's priority shipping Page 71 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 directive before shipping the specified drugs.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 geographic areas that have been identified by the State Health Officer.
The State Health Officer must identify the drugs to be shipped.
Manufacturers and wholesalers located in the state must respond to the State Health Officer's priority shipping directive before shipping the specified drugs.
Only those health care practitioners specified in this paragraph who possess an unencumbered inactive license and who request that such license be reactivated are eligible for reactivation.
Only those health care practitioners specified in this paragraph who possess an unencumbered inactive license and who Page 72 of 155 CODING:
An inactive license that is reactivated under this paragraph shall return to inactive status when the public health emergency ends or before the end of the public health emergency Page 72 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 if the State Health Officer determines that the health care practitioner is no longer needed to provide services during the public health emergency.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 request that such license be reactivated are eligible for reactivation.
An inactive license that is reactivated under this paragraph shall return to inactive status when the public health emergency ends or before the end of the public health emergency if the State Health Officer determines that the health care practitioner is no longer needed to provide services during the public health emergency.
Any order of the State Health Officer given to effectuate this paragraph shall be immediately enforceable by a law enforcement officer under s.
Page 73 of 155 CODING:
381.0012.
Section 19.
Subsection (3) of section 381.00593, Florida Page 73 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 Statutes, is amended to read:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 Any order of the State Health Officer given to effectuate this paragraph shall be immediately enforceable by a law enforcement officer under s.
381.0012.
Section 19.
Subsection (3) of section 381.00593, Florida Statutes, is amended to read:
381.026 Florida Patient's Bill of Rights and Responsibilities.— (2) DEFINITIONS.—As used in this section and s.
381.026 Florida Patient's Bill of Rights and Page 74 of 155 CODING:
381.0261, the term:
(c) "Health care provider" means a physician licensed Page 74 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 under chapter 458, an osteopathic physician licensed under chapter 459, or a podiatric physician licensed under chapter 461, an advanced practice registered nurse registered under s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 Responsibilities.— (2) DEFINITIONS.—As used in this section and s.
381.0261, the term:
(c) "Health care provider" means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, or a podiatric physician licensed under chapter 461, an advanced practice registered nurse registered under s.
The medical certification of cause of death shall be furnished to the funeral director, either in person or via certified mail or electronic transfer, by the physician, advanced practice registered nurse, autonomous physician assistant, physician assistant, or medical examiner Page 75 of 154 CODING:
The medical certification Page 75 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 responsible for furnishing such information.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 of cause of death shall be furnished to the funeral director, either in person or via certified mail or electronic transfer, by the physician, advanced practice registered nurse, autonomous physician assistant, physician assistant, or medical examiner responsible for furnishing such information.
(a) The department may grant the funeral director an extension of time upon a good and sufficient showing of any of the following conditions:
(a) The department may grant the funeral director an Page 76 of 155 CODING:
Words stricken are deletions;
words underlined are additions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 extension of time upon a good and sufficient showing of any of the following conditions:
Toxicology, laboratory, or other diagnostic reports Page 76 of 154 CODING:
Toxicology, laboratory, or other diagnostic reports have not been completed.
Words stricken are deletions;
words underlined are additions.
hb0821-02-c2 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 CS/CS/HB 821 2019 have not been completed.
The decedent's primary or attending practitioner physician or the district medical examiner of the county in which the death occurred or the body was found shall provide an estimated date for completion of the permanent certificate.
The decedent's primary or attending practitioner physician or the district medical examiner of the county in which the death occurred or the body was found shall provide an estimated date for completion of the permanent Page 77 of 155 CODING:
(5) A permanent certificate of death or fetal death, containing the cause of death and any other information that was previously unavailable, shall be registered as a replacement for Page 77 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 the temporary certificate.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 certificate.
(5) A permanent certificate of death or fetal death, containing the cause of death and any other information that was previously unavailable, shall be registered as a replacement for the temporary certificate.
Paragraph (c) of subsection (1) of section 383.14, Florida Statutes, is amended to read:
Paragraph (c) of subsection (1) of section Page 78 of 155 CODING:
383.14 Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors.— (1) SCREENING REQUIREMENTS.—To help ensure access to the Page 78 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 maternal and child health care system, the Department of Health shall promote the screening of all newborns born in Florida for metabolic, hereditary, and congenital disorders known to result in significant impairment of health or intellect, as screening programs accepted by current medical practice become available and practical in the judgment of the department.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 383.14, Florida Statutes, is amended to read:
383.14 Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors.— (1) SCREENING REQUIREMENTS.—To help ensure access to the maternal and child health care system, the Department of Health shall promote the screening of all newborns born in Florida for metabolic, hereditary, and congenital disorders known to result in significant impairment of health or intellect, as screening programs accepted by current medical practice become available and practical in the judgment of the department.
(c) Release of screening results.—Notwithstanding any law to the contrary, the State Public Health Laboratory may release, directly or through the Children's Medical Services program, the results of a newborn's hearing and metabolic tests or screenings Page 79 of 154 CODING:
Page 79 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 to the newborn's health care practitioner, the newborn's parent or legal guardian, the newborn's personal representative, or a person designated by the newborn's parent or legal guardian.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 (c) Release of screening results.—Notwithstanding any law to the contrary, the State Public Health Laboratory may release, directly or through the Children's Medical Services program, the results of a newborn's hearing and metabolic tests or screenings to the newborn's health care practitioner, the newborn's parent or legal guardian, the newborn's personal representative, or a person designated by the newborn's parent or legal guardian.
390.0111 Termination of pregnancies.— (3) CONSENTS REQUIRED.—A termination of pregnancy may not be performed or induced except with the voluntary and informed written consent of the pregnant woman or, in the case of a mental incompetent, the voluntary and informed written consent of her court-appointed guardian.
390.0111 Termination of pregnancies.— (3) CONSENTS REQUIRED.—A termination of pregnancy may not be performed or induced except with the voluntary and informed written consent of the pregnant woman or, in the case of a mental incompetent, the voluntary and informed written consent Page 80 of 155 CODING:
(a) Except in the case of a medical emergency, consent to a termination of pregnancy is voluntary and informed only if:
1.
The physician who is to perform the procedure, or the Page 80 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 referring physician, has, at a minimum, orally, while physically present in the same room, and at least 24 hours before the procedure, informed the woman of:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 of her court-appointed guardian.
(a) Except in the case of a medical emergency, consent to a termination of pregnancy is voluntary and informed only if:
1.
The physician who is to perform the procedure, or the referring physician, has, at a minimum, orally, while physically present in the same room, and at least 24 hours before the procedure, informed the woman of:
If the woman accepts the opportunity to view the images and hear the explanation, a physician or a registered nurse, licensed practical nurse, advanced practice registered nurse, autonomous physician assistant, or physician assistant working in conjunction with the physician must contemporaneously review and explain the images to the woman before the woman gives informed consent to having an abortion procedure performed.
If the woman accepts the opportunity to view the images and hear the explanation, a physician or a registered nurse, licensed practical nurse, advanced practice registered nurse, autonomous physician Page 81 of 155 CODING:
Page 81 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (III) The woman has a right to decline to view and hear the explanation of the live ultrasound images after she is informed of her right and offered an opportunity to view the images and hear the explanation.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 assistant, or physician assistant working in conjunction with the physician must contemporaneously review and explain the images to the woman before the woman gives informed consent to having an abortion procedure performed.
(III) The woman has a right to decline to view and hear the explanation of the live ultrasound images after she is informed of her right and offered an opportunity to view the images and hear the explanation.
(IV) Unless requested by the woman, the person performing the ultrasound may not offer the opportunity to view the images and hear the explanation and the explanation may not be given if, at the time the woman schedules or arrives for her appointment to obtain an abortion, a copy of a restraining order, police report, medical record, or other court order or documentation is presented which provides evidence that the woman is obtaining the abortion because the woman is a victim of rape, incest, domestic violence, or human trafficking or that the woman has been diagnosed as having a condition that, on the basis of a physician's good faith clinical judgment, would create a serious risk of substantial and irreversible impairment of a major bodily function if the woman delayed terminating her pregnancy.
(IV) Unless requested by the woman, the person performing the ultrasound may not offer the opportunity to view the images and hear the explanation and the explanation may not be given if, at the time the woman schedules or arrives for her appointment to obtain an abortion, a copy of a restraining order, police report, medical record, or other court order or documentation is presented which provides evidence that the woman is obtaining the abortion because the woman is a victim of rape, incest, domestic violence, or human trafficking or that the woman has been diagnosed as having a condition that, on the Page 82 of 155 CODING:
Page 82 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 c.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 basis of a physician's good faith clinical judgment, would create a serious risk of substantial and irreversible impairment of a major bodily function if the woman delayed terminating her pregnancy.
c.
3.
Page 83 of 155 CODING:
The woman acknowledges in writing, before the termination of pregnancy, that the information required to be provided under this subsection has been provided.
Page 83 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 Nothing in this paragraph is intended to prohibit a physician from providing any additional information which the physician deems material to the woman's informed decision to terminate her pregnancy.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 3.
The woman acknowledges in writing, before the termination of pregnancy, that the information required to be provided under this subsection has been provided.
Nothing in this paragraph is intended to prohibit a physician from providing any additional information which the physician deems material to the woman's informed decision to terminate her pregnancy.
The abortion clinic designate a medical director who is licensed to practice medicine in this state, and all physicians who perform abortions in the clinic have admitting privileges at a hospital within reasonable proximity to the clinic, unless the clinic has a written patient transfer agreement with a hospital within reasonable proximity to the clinic which includes the transfer of the patient's medical records held by both the clinic and the treating physician.
The abortion clinic designate a medical director who is licensed to practice medicine in this state, and all physicians who perform abortions in the clinic have admitting privileges at a hospital within reasonable proximity to the clinic, unless the clinic has a written patient transfer agreement with a hospital within reasonable proximity to the clinic which includes the transfer of the patient's medical records held by both the Page 84 of 155 CODING:
2.
If a physician is not present after an abortion is performed, a registered nurse, licensed practical nurse, advanced practice registered nurse, autonomous physician Page 84 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 assistant, or physician assistant be present and remain at the clinic to provide postoperative monitoring and care until the patient is discharged.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 clinic and the treating physician.
2.
If a physician is not present after an abortion is performed, a registered nurse, licensed practical nurse, advanced practice registered nurse, autonomous physician assistant, or physician assistant be present and remain at the clinic to provide postoperative monitoring and care until the patient is discharged.
3.
Page 85 of 155 CODING:
Appropriate use of general and local anesthesia, analgesia, and sedation if ordered by the physician.
4.
Appropriate precautions, such as the establishment of intravenous access at least for patients undergoing post-first Page 85 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 trimester abortions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 3.
Appropriate use of general and local anesthesia, analgesia, and sedation if ordered by the physician.
4.
Appropriate precautions, such as the establishment of intravenous access at least for patients undergoing post-first trimester abortions.
A physician sign the discharge order and be readily accessible and available until the last patient is discharged to facilitate the transfer of emergency cases if hospitalization of the patient or viable fetus is necessary.
A physician sign the discharge order and be readily accessible and available until the last patient is discharged to Page 86 of 155 CODING:
5.
A physician discuss Rho(D) immune globulin with each patient for whom it is indicated and ensure that it is offered Page 86 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 to the patient in the immediate postoperative period or will be available to her within 72 hours after completion of the abortion procedure.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 facilitate the transfer of emergency cases if hospitalization of the patient or viable fetus is necessary.
5.
A physician discuss Rho(D) immune globulin with each patient for whom it is indicated and ensure that it is offered to the patient in the immediate postoperative period or will be available to her within 72 hours after completion of the abortion procedure.
Equipment and services be readily accessible to provide appropriate emergency resuscitative and life support procedures pending the transfer of the patient or viable fetus to the hospital.
Equipment and services be readily accessible to provide Page 87 of 155 CODING:
Section 26.
Paragraphs (a) and (f) of subsection (2) of Page 87 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 section 394.463, Florida Statutes, are amended to read:
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 appropriate emergency resuscitative and life support procedures pending the transfer of the patient or viable fetus to the hospital.
Section 26.
Paragraphs (a) and (f) of subsection (2) of section 394.463, Florida Statutes, are amended to read:
A facility accepting the patient based on this order must send a copy of the order to the department the next working day.
A facility accepting the patient based on this order must send a copy of the order to the department the next working Page 88 of 155 CODING:
The order may be submitted electronically through existing data systems, if available.
The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first.
If no time Page 88 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 limit is specified in the order, the order shall be valid for 7 days after the date that the order was signed.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 day.
The order may be submitted electronically through existing data systems, if available.
The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first.
If no time limit is specified in the order, the order shall be valid for 7 days after the date that the order was signed.
If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s.
If other less restrictive means, such as voluntary appearance for outpatient Page 89 of 155 CODING:
394.462 Page 89 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 for involuntary examination.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s.
394.462 for involuntary examination.
The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist or a clinical psychologist or, if the receiving facility is owned or operated by a hospital or health system, the release may also be approved by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist, or an attending emergency department physician with experience in the diagnosis and treatment of mental illness after completion of an involuntary examination pursuant to this subsection.
The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist or a clinical psychologist or, if the receiving facility is owned or operated by a hospital or health system, the release may also be approved by a psychiatric nurse performing within the framework of an Page 90 of 155 CODING:
A Page 90 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 psychiatric nurse may not approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless the release is approved by the initiating psychiatrist.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 established protocol with a psychiatrist, or an attending emergency department physician with experience in the diagnosis and treatment of mental illness after completion of an involuntary examination pursuant to this subsection.
A psychiatric nurse may not approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless the release is approved by the initiating psychiatrist.
395.602 Rural hospitals.— (3) USE OF FUNDS.—It is the intent of the Legislature that funds as appropriated shall be utilized by the department for the purpose of increasing the number of primary care physicians, autonomous physician assistants, physician assistants, certified nurse midwives, nurse practitioners, and nurses in rural areas, either through the Medical Education Reimbursement and Loan Page 91 of 154 CODING:
395.602 Rural hospitals.— (3) USE OF FUNDS.—It is the intent of the Legislature that funds as appropriated shall be utilized by the department for Page 91 of 155 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 Repayment Program as defined by s.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 the purpose of increasing the number of primary care physicians, autonomous physician assistants, physician assistants, certified nurse midwives, nurse practitioners, and nurses in rural areas, either through the Medical Education Reimbursement and Loan Repayment Program as defined by s.
Within the boundaries of a hospital tax district which encompasses a population of no greater than 100 persons per square mile.
Within the boundaries of a hospital tax district which Page 92 of 155 CODING:
If the department administers a federal loan repayment program, Page 92 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 priority shall be given to obligating state and federal matching funds pursuant to paragraphs (a) and (b).
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 encompasses a population of no greater than 100 persons per square mile.
If the department administers a federal loan repayment program, priority shall be given to obligating state and federal matching funds pursuant to paragraphs (a) and (b).
(2) RIGHT TO NONDISCRIMINATORY SERVICES.— (a) Service providers may not deny an individual access to substance abuse services solely on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior service departures against medical advice, disability, or number of relapse episodes.
(2) RIGHT TO NONDISCRIMINATORY SERVICES.— (a) Service providers may not deny an individual access to substance abuse services solely on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior service departures against medical advice, Page 93 of 155 CODING:
Service providers may not deny an individual who takes medication prescribed by a physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse access to substance abuse Page 93 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 services solely on that basis.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 disability, or number of relapse episodes.
Service providers may not deny an individual who takes medication prescribed by a physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse access to substance abuse services solely on that basis.
397.675 may be admitted to a hospital or to a licensed detoxification facility or addictions receiving facility for emergency assessment and stabilization, or to a less intensive component of a licensed service provider for assessment only, upon receipt by the facility of a certificate by a physician, an advanced practice registered nurse, a psychiatric nurse, a clinical psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, an autonomous physician assistant, a physician assistant working under the scope of practice of the supervising physician, or a master's- level-certified addictions professional for substance abuse services, if the certificate is specific to substance abuse impairment, and the completion of an application for emergency admission.
397.675 may be admitted to a hospital or to a licensed detoxification facility or addictions receiving facility for emergency assessment and stabilization, or to a less intensive component of a licensed service provider for assessment only, upon receipt by the facility of a certificate by a physician, an advanced practice registered nurse, a psychiatric nurse, a clinical psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, an autonomous physician assistant, a physician assistant working under the scope of practice of the supervising physician, or a master's- level-certified addictions professional for substance abuse services, if the certificate is specific to substance abuse impairment, and the completion of an application for emergency Page 94 of 155 CODING:
Section 31.
Subsection (1) of section 397.6793, Florida Statutes, is amended to read:
397.6793 Professional's certificate for emergency Page 94 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 admission.— (1) A physician, a clinical psychologist, a physician assistant working under the scope of practice of the supervising physician, an autonomous physician assistant, a psychiatric nurse, an advanced practice registered nurse, a mental health counselor, a marriage and family therapist, a master's-level- certified addictions professional for substance abuse services, or a clinical social worker may execute a professional's certificate for emergency admission.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 admission.
Section 31.
Subsection (1) of section 397.6793, Florida Statutes, is amended to read:
397.6793 Professional's certificate for emergency admission.— (1) A physician, a clinical psychologist, a physician assistant working under the scope of practice of the supervising physician, an autonomous physician assistant, a psychiatric nurse, an advanced practice registered nurse, a mental health counselor, a marriage and family therapist, a master's-level- certified addictions professional for substance abuse services, or a clinical social worker may execute a professional's certificate for emergency admission.
(b) The reason for the belief that because of such impairment the person has lost the power of self-control with respect to substance abuse;
(b) The reason for the belief that because of such impairment the person has lost the power of self-control with Page 95 of 155 CODING:
and (c)1.
The reason for the belief that, without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself;
that such neglect or refusal Page 95 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 poses a real and present threat of substantial harm to his or her well-being;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 respect to substance abuse;
and (c)1.
The reason for the belief that, without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself;
that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being;
(8) "Geriatric outpatient clinic" means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a registered nurse, advanced practice registered nurse, physician assistant, autonomous physician assistant, or physician.
(8) "Geriatric outpatient clinic" means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a registered nurse, advanced practice registered Page 96 of 155 CODING:
Section 33.
Subsection (3) of section 400.172, Florida Statutes, is amended to read:
Page 96 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 400.172 Respite care provided in nursing home facilities.— (3) A prospective respite care resident must provide medical information from a physician, autonomous physician assistant, physician assistant, or nurse practitioner and any other information provided by the primary caregiver required by the facility before or when the person is admitted to receive respite care.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 nurse, physician assistant, autonomous physician assistant, or physician.
Section 33.
Subsection (3) of section 400.172, Florida Statutes, is amended to read:
400.172 Respite care provided in nursing home facilities.— (3) A prospective respite care resident must provide medical information from a physician, autonomous physician assistant, physician assistant, or nurse practitioner and any other information provided by the primary caregiver required by the facility before or when the person is admitted to receive respite care.
or chapter 486, the attending physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse, acting within his or her respective scope of practice, shall establish treatment orders for a patient who is to receive skilled care.
or chapter 486, the Page 97 of 155 CODING:
Page 97 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 The treatment orders must be signed by the physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse before a claim for payment for the skilled services is submitted by the home health agency.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 attending physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse, acting within his or her respective scope of practice, shall establish treatment orders for a patient who is to receive skilled care.
The treatment orders must be signed by the physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse before a claim for payment for the skilled services is submitted by the home health agency.
(a) When, in accordance with the privileges and restrictions imposed upon a nurse under part I of chapter 464, the delivery of care to a patient is under the direction or supervision of a physician or when a physician is responsible for the medical care of the patient, a medical plan of treatment must be established for each patient receiving care or treatment provided by a licensed nurse in the home.
(a) When, in accordance with the privileges and restrictions imposed upon a nurse under part I of chapter 464, the delivery of care to a patient is under the direction or supervision of a physician or when a physician is responsible Page 98 of 155 CODING:
The original medical plan of treatment must be timely signed by the physician, Page 98 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 autonomous physician assistant, physician assistant, or advanced practice registered nurse, acting within his or her respective scope of practice, and reviewed in consultation with the licensed nurse at least every 2 months.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 for the medical care of the patient, a medical plan of treatment must be established for each patient receiving care or treatment provided by a licensed nurse in the home.
The original medical plan of treatment must be timely signed by the physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse, acting within his or her respective scope of practice, and reviewed in consultation with the licensed nurse at least every 2 months.
400.9973 Client admission, transfer, and discharge.— (5) A client admitted to a transitional living facility must be admitted upon prescription by a licensed physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse and must remain under the care of a licensed physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse for the duration of the client's stay in the facility.
400.9973 Client admission, transfer, and discharge.— (5) A client admitted to a transitional living facility must be admitted upon prescription by a licensed physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse and must remain under the care of a licensed physician, autonomous physician assistant, physician Page 99 of 155 CODING:
(7) A person may not be admitted to a transitional living facility if the person:
Page 99 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 (b) Is a danger to himself or herself or others as determined by a physician, autonomous physician assistant, physician assistant, advanced practice registered nurse, or a mental health practitioner licensed under chapter 490 or chapter 491, unless the facility provides adequate staffing and support to ensure patient safety;
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 assistant, or advanced practice registered nurse for the duration of the client's stay in the facility.
(7) A person may not be admitted to a transitional living facility if the person:
(b) Is a danger to himself or herself or others as determined by a physician, autonomous physician assistant, physician assistant, advanced practice registered nurse, or a mental health practitioner licensed under chapter 490 or chapter 491, unless the facility provides adequate staffing and support to ensure patient safety;
400.9976 Administration of medication.— (1) An individual medication administration record must be maintained for each client.
Page 100 of 155 CODING:
A dose of medication, including a self-administered dose, shall be properly recorded in the Page 100 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 client's record.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 400.9976 Administration of medication.— (1) An individual medication administration record must be maintained for each client.
A dose of medication, including a self-administered dose, shall be properly recorded in the client's record.
The client's physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse must be informed of the interdisciplinary team's decision that self-administration of medication is an objective for the client.
The client's physician, autonomous physician assistant, physician assistant, or advanced practice registered nurse must be informed of the interdisciplinary team's decision that self-administration of medication is an Page 101 of 155 CODING:
A client may not self-administer medication until he or she demonstrates the competency to take the correct medication in the correct dosage at the correct time, to respond to missed doses, and to contact the appropriate Page 101 of 154 CODING:
hb0821-02-c2 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 CS/CS/HB 821 2019 person with questions.
hb0821-03-c3 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 CS/CS/CS/HB 821 2019 objective for the client.
A client may not self-administer medication until he or she demonstrates the competency to take the correct medication in the correct dosage at the correct time, to respond to missed doses, and to contact the appropriate person with questions.
The client and, if applicable, the client's representative shall be informed of the facility's chemical restraint policies and procedures when the client is admitted.
The client and, if applicable, the client's Page 102 of 155 CODING:
View plain text versions (4)

Action History

  1. Died in Health Policy

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Health Policy; Rules

  5. In Messages

  6. CS passed; YEAS 75 NAYS 37

  7. Read 3rd time

  8. Read 2nd time -HJ 728, 729

  9. Placed on Special Order Calendar, 04/17/19

  10. Placed on Calendar

  11. CS/CS/CS by Health and Human Services Committee read 1st time

  12. Pending review of CS -under Rule 7.18(c)

  13. CS/CS/CS by- Health and Human Services Committee; YEAS 15 NAYS 3

  14. On Committee agenda-- Health and Human Services Committee, 04/09/19, 2:00 pm, Morris Hall

  15. Now in Health and Human Services Committee

  16. CS/CS by Health Care Appropriations Subcommittee read 1st time

  17. Pending review of CS under Rule 7.18(c)

  18. CS/CS by Health Care Appropriations Subcommittee; YEAS 8 NAYS 2

  19. On Committee agenda-- Health Care Appropriations Subcommittee, 03/26/19, 12:00 pm, Sumner Hall

  20. Now in Health Care Appropriations Subcommittee

  21. CS by Health Quality Subcommittee read 1st time

  22. Pending review of CS under Rule 7.18(c)

  23. CS by Health Quality Subcommittee; YEAS 10 NAYS 3

  24. On Committee agenda-- Health Quality Subcommittee, 03/12/19, 8:30 am, Webster Hall

  25. Introduced

  26. Referred to Health Quality Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee

  27. Filed

Sponsors

  • Pigman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on · 9 voted No

Sponsors (1)

  • Pigman

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 75 Yea · 37 Nay · 8 Other
Party YeaNayPresentNot Voting
Democrat 3602
Unaffiliated 512901
Republican 21202
Total 753705
% of votes cast 64%32%0%4%
How each member voted (117)
Member Party Vote
Ausley — Yea
Brown — Nay
Byrd — Yea
Cummings — Yea
Diamond — Nay
Donalds — Yea
Drake — Yea
DuBose — Nay
Duran — Yea
Eagle — Yea
Fischer — Yea
Geller — Nay
Good — Nay
Hill — Yea
Ingoglia — Yea
Jacobs — Nay
Jacquet — Nay
Jenne — Nay
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Nay
Mercado — Nay
Newton — Nay
Oliva — Yea
Payne — Yea
Pigman — Yea
Ponder — Yea
Pritchett — Nay
Renner — Yea
Rommel — Yea
Roth — Yea
Santiago — Yea
Silvers — Nay
Sprowls — Yea
Stevenson — Yea
Stone — Yea
Toledo — Nay
Tomkow — Yea
Willhite — Nay
Williamson — Yea
Hage — Yea
Fine — Yea
Alexander — Nay
Aloupis — Yea
Altman — Yea
Grant, J. — Yea
Raschein — Yea
Grant, M. — Yea
Roach — Yea
Grieco — Nay
Robinson — Yea
Bell — Yea
Rodrigues, R. — Yea
Beltran — Yea
Hart — Nay
Hattersley — Nay
Sabatini — Yea
Bush — Yea
Caruso — Yea
Casello — Nay
Clemons — Yea
Cortes — Nay
Latvala — Yea
Sullivan — Yea
Valdes — Yea
Fernandez — Nay
Omphroy — Nay
Watson, B. — Nay
Fernandez-Barquin — Yea
Watson, C. — Nay
Fetterhoff — Yea
Webb — Yea
Williams — Nay
Fitzenhagen — Yea
Goff-Marcil — Nay
Polo — Nay
Zika — Yea
Slosberg — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Nay
Antone, Bruce Hadley Democrat Nay
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Joseph, Dotie Democrat Nay
Polsky, Tina Scott Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Nay
Johnson, Chad Republican Nay
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Passed 15 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9300
Republican 5000
Democrat 1000
Total 15300
% of votes cast 83%17%0%0%
How each member voted (18)
Member Party Vote
Brown — Nay
Duran — Yea
Magar — Yea
Pigman — Yea
Ponder — Yea
Stevenson — Yea
Cortes, J. — Nay
Goff-Marcil — Nay
Grant, M. — Yea
Roach — Yea
Rodrigues, R. — Yea
Slosberg — Yea
Jones, Shevrin D. "Shev" Democrat Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Plakon, Rachel Saunders Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 8 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 1100
Democrat 1000
Total 8202
% of votes cast 67%17%0%17%
How each member voted (12)
Member Party Vote
Ausley — Yea
Duran — Not Voting
Magar — Yea
Pigman — Yea
Rommel — Yea
Toledo — Not Voting
Grant, J. — Yea
Grieco — Nay
Roach — Yea
Jones, Shevrin D. "Shev" Democrat Yea
Grall, Erin Republican Nay
Plasencia, Susan Republican Yea

Official roll call →

Passed 10 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3102
Republican 6000
Democrat 1200
Total 10302
% of votes cast 67%20%0%13%
How each member voted (15)
Member Party Vote
Brown — Nay
Byrd — Not Voting
Fine — Yea
Bell — Yea
Beltran — Yea
Sullivan — Not Voting
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Burton, Colleen Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Stark, Paula A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 821?
HB 821 is sponsored by Pigman.
What is the current status of HB 821?
This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 821?
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