reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.927 - Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.

394.927 Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.—
(1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 or pursuant to a commitment as a sexually violent predator under s. 394.916 and who escapes or attempts to escape while in such custody commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If a person who is held in custody pursuant to a finding of probable cause or commitment as a sexually violent predator escapes while in custody, the department shall immediately notify the victim in accordance with s. 394.926. The state attorney that filed the petition for civil commitment of the escapee must also be immediately notified by the department. If the escapee has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision, the department shall also immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review shall also be immediately notified of an escape if the escapee has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the Florida Commission on Offender Review.
History.—s. 19, ch. 98-64; s. 22, ch. 99-222; s. 11, ch. 2014-191.
Note.—Former s. 916.47.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.928 - Subsistence fees and costs of treatment.

394.928 Subsistence fees and costs of treatment.—
(1) In recognition of the fact that persons committed under this part may have sources of income and assets, which may include bank accounts, inheritances, real estate, social security payments, veteran’s payments, and other types of financial resources, and in recognition of the fact that the daily subsistence cost and costs of treatment of persons committed under this part are a burden on the taxpayers of the state, each person so committed shall:
(a) Upon order of the court committing the person, disclose all revenue or assets to the department.
(b) Pay from such income and assets, except where such income is exempt by state or federal law, all or a fair portion of the person’s daily subsistence and treatment costs, based upon the person’s ability to pay, the liability or potential liability of the person to the victim or the guardian or the estate of the victim, and the needs of his or her dependents.
(2)(a) Any person who is directed to pay all or a fair portion of daily subsistence and treatment costs is entitled to reasonable advance notice of the assessment and shall be afforded an opportunity to present reasons for opposition to the assessment.
(b) An order directing payment of all or a fair portion of a person’s daily subsistence costs may survive against the estate of the person.
History.—s. 20, ch. 98-64; s. 23, ch. 99-222.
Note.—Former s. 916.48.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.929 - Program costs.

394.929 Program costs.—The Department of Children and Families is responsible for all costs relating to the evaluation and treatment of persons committed to the department’s custody as sexually violent predators. A county is not obligated to fund costs for psychological examinations, expert witnesses, court-appointed counsel, or other costs required by this part. Other costs for psychological examinations, expert witnesses, and court-appointed counsel required by this part shall be paid from state funds appropriated by general law.
History.—s. 21, ch. 98-64; s. 24, ch. 99-222; s. 3, ch. 2002-59; s. 107, ch. 2014-19.
Note.—Former s. 916.49.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.930 - Authority to adopt rules.

394.930 Authority to adopt rules.—The Department of Children and Families shall adopt rules for:
(1) Procedures that must be followed by members of the multidisciplinary teams when assessing and evaluating persons subject to this part;
(2) Education and training requirements for members of the multidisciplinary teams and professionals who assess and evaluate persons under this part;
(3) The criteria that must exist in order for a multidisciplinary team to recommend to a state attorney that a petition should be filed to involuntarily commit a person under this part. The criteria shall include, but are not limited to, whether:
(a) The person has a propensity to engage in future acts of sexual violence;
(b) The person should be placed in a secure, residential facility; and
(c) The person needs long-term treatment and care.
(4) The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this part;
(5) The components of the basic treatment plan for all committed persons under this part;
(6) The protocol to inform a person that he or she is being examined to determine whether he or she is a sexually violent predator under this part.
History.—s. 25, ch. 99-222; s. 82, ch. 2000-139; s. 108, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.931 - Quarterly and annual reports.

394.931 Quarterly and annual reports.—The Department of Corrections shall collect information and compile quarterly reports with statistics profiling inmates released the previous quarter who fit the criteria and were referred to the Department of Children and Families pursuant to this act. At a minimum, the information that must be collected and compiled for inclusion in the reports includes: whether the qualifying offense was the current offense or the prior offense; the offender’s most serious sexual offense; the total number of distinct victims of the sexual offense; whether the victim was known to the offender; whether the sexual act was consensual; whether the sexual act involved multiple victims; whether direct violence was involved in the sexual offense; the age of each victim at the time of the offense; the age of the offender at the time of the first sexual offense; whether a weapon was used; length of time since the most recent sexual offense; and the total number of prior and current sexual offense convictions. The Department of Corrections shall compile recidivism data on those referred, detained, or committed to the department. The data shall be included in the Department of Corrections’ annual report.
History.—s. 26, ch. 99-222; s. 83, ch. 2000-139; s. 8, ch. 2014-2; s. 109, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.932 - Registry of experts.

394.932 Registry of experts.—The Justice Administrative Commission shall maintain a registry of mental health and other experts who are available and willing to provide examinations and expert testimony in proceedings held under this part. The commission shall advertise the registry in professional trade publications on a periodic basis and shall list the name and contact information for all persons holding themselves out to be qualified to provide examinations and expert testimony pursuant to this part upon request. It shall be the sole responsibility of parties using the services of a person listed on the registry to verify the qualifications of that person. The commission shall advise all parties that use the registry that it has not verified the professional qualifications of the persons listed on the registry and that it is the party’s responsibility to verify the person’s professional qualifications. The commission may electronically publish the names and contact information of persons requesting to be listed on the registry.
History.—s. 2, ch. 2006-33.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.001 - Legislative intent.

395.001 Legislative intent.—It is the intent of the Legislature to provide for the protection of public health and safety in the establishment, construction, maintenance, and operation of hospitals and ambulatory surgical centers by providing for licensure of same and for the development, establishment, and enforcement of minimum standards with respect thereto.
History.—ss. 26, 30, ch. 82-182; ss. 2, 98, ch. 92-289; s. 1, ch. 98-303; s. 23, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.004 - Application for license; fees.

395.004 Application for license; fees.—In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The amount of the fee shall be established by rule. The license fee required of a facility licensed under this part shall be established by rule at the rate of not less than $9.50 per hospital bed, nor more than $30 per hospital bed, except that the minimum license fee shall be $1,500.
History.—ss. 26, 30, ch. 82-182; s. 6, ch. 91-282; ss. 5, 98, ch. 92-289; s. 4, ch. 98-303; s. 39, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0056 - Litigation notice requirement.

395.0056 Litigation notice requirement.—Upon receipt of a copy of a complaint filed against a hospital as a defendant in a medical malpractice action as required by s. 766.106(2), the agency shall:
(1) Review its adverse incident report files pertaining to the licensed facility that is the subject of the complaint to determine whether the facility timely complied with the requirements of s. 395.0197; and
(2) Review the incident that is the subject of the complaint and determine whether it involved conduct by a licensee which is potentially subject to disciplinary action.
History.—s. 2, ch. 2003-416.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.009 - Minimum standards for clinical laboratory test results and diagnostic X-ray results; prerequisite for issuance or renewal of license.

395.009 Minimum standards for clinical laboratory test results and diagnostic X-ray results; prerequisite for issuance or renewal of license.—
(1) As a requirement for issuance or renewal of its license, each licensed facility shall require that all clinical laboratory tests performed by or for the licensed facility be performed by a clinical laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder.
(2) Each licensed facility, as a requirement for issuance or renewal of its license, shall establish minimum standards for acceptance of results of diagnostic X rays performed by or for the licensed facility. Such standards shall require licensure or registration of the source of ionizing radiation under the provisions of chapter 404.
(3) The results of clinical laboratory tests and diagnostic X rays performed prior to admission which meet the minimum standards required by law shall be accepted in lieu of routine examinations required upon admission and in lieu of clinical laboratory tests and diagnostic X rays which may be ordered by a physician for patients of the licensed facility.
History.—ss. 26, 30, ch. 82-182; s. 25, ch. 83-215; ss. 6, 98, ch. 92-289; s. 26, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0091 - Alternate-site testing.

395.0091 Alternate-site testing.—The agency, in consultation with the Board of Clinical Laboratory Personnel, shall adopt by rule the criteria for alternate-site testing to be performed under the supervision of a clinical laboratory director. At a minimum, the criteria must address hospital internal needs assessment; a protocol for implementation, including the identification of tests to be performed and who will perform them; selection of the method of testing to be used for alternate-site testing; minimum training and education requirements for those who will perform alternate-site testing, such as documented training, licensure, certification, or other medical professional background not limited to laboratory professionals; documented inservice training and initial and ongoing competency validation; an appropriate internal and external quality control protocol; an internal mechanism for the central laboratory to identify and track alternate-site testing; and recordkeeping requirements. Alternate-site testing locations must register when the hospital applies to renew its license. For purposes of this section, the term “alternate-site testing” includes any laboratory testing done under the administrative control of a hospital but performed out of the physical or administrative confines of the central laboratory.
History.—s. 27, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0161 - Licensure inspection.

395.0161 Licensure inspection.—
(1) In addition to the requirement of s. 408.811, the agency shall make or cause to be made such inspections and investigations as it deems necessary, including:
(a) Inspections directed by the federal Centers for Medicare and Medicaid Services.
(b) Validation inspections.
(c) Lifesafety inspections.
(d) Licensure complaint investigations, including full licensure investigations with a review of all licensure standards as outlined in the administrative rules. Complaints received by the agency from individuals, organizations, or other sources are subject to review and investigation by the agency.
(e) Emergency access complaint investigations.
(2) The agency shall accept, in lieu of its own periodic inspections for licensure, the survey or inspection of an accrediting organization, provided the accreditation of the licensed facility is not provisional and provided the licensed facility authorizes release of, and the agency receives the report of, the accrediting organization. The agency shall develop, and adopt by rule, criteria for accepting survey reports of accrediting organizations in lieu of conducting a state licensure inspection.
(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. With the exception of state-operated licensed facilities, each facility licensed under this part shall pay to the agency, at the time of inspection, the following fees:
(a) Inspection for licensure.—A fee shall be paid which is not less than $8 per hospital bed, nor more than $12 per hospital bed, except that the minimum fee shall be $400 per facility.
(b) Inspection for lifesafety only.—A fee shall be paid which is not less than 75 cents per hospital bed, nor more than $1.50 per hospital bed, except that the minimum fee shall be $40 per facility.
(4) The agency shall coordinate all periodic inspections for licensure made by the agency to ensure that the cost to the facility of such inspections and the disruption of services by such inspections is minimized.
History.—ss. 26, 30, ch. 82-182; s. 28, ch. 90-344; ss. 7, 98, ch. 92-289; s. 5, ch. 98-303; s. 41, ch. 2007-230; s. 28, ch. 2018-24.
Note.—Former s. 395.006.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0162 - Inspection reports.

395.0162 Inspection reports.—
(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility. Copies of such reports shall be retained in its records for not less than 5 years from the date the reports are filed and issued.
(2) Any records, reports, or documents which are confidential and exempt from s. 119.07(1) shall not be distributed or made available for purposes of compliance with this section unless or until such confidential status expires.
(3) A licensed facility shall, upon the request of any person who has completed a written application with intent to be admitted to such facility, any person who is a patient of such facility, or any relative, spouse, guardian, or surrogate of any such person, furnish to the requester a copy of the last inspection report filed with or issued by the agency pertaining to the licensed facility, as provided in subsection (1), provided the person requesting such report agrees to pay a reasonable charge to cover copying costs, not to exceed $1 per page.
History.—ss. 26, 30, ch. 82-182; s. 29, ch. 90-344; ss. 8, 98, ch. 92-289; s. 212, ch. 96-406.
Note.—Former s. 395.008.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0185 - Rebates prohibited; penalties.

395.0185 Rebates prohibited; penalties.—
(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement, in any form whatsoever, with any physician, surgeon, organization, or person, either directly or indirectly, for patients referred to a licensed facility.
(2) The agency shall enforce subsection (1). In the case of an entity not licensed by the agency, administrative penalties may include:
(a) A fine not to exceed $1,000.
(b) If applicable, a recommendation by the agency to the appropriate licensing board that disciplinary action be taken.
History.—ss. 26, 30, ch. 82-182; ss. 10, 98, ch. 92-289; s. 42, ch. 2013-18.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0192 - Duty to notify physicians.

395.0192 Duty to notify physicians.—A hospital shall notify each obstetrical physician who has privileges at the hospital at least 120 days before the hospital closes its obstetrical department or ceases to provide obstetrical services.
History.—s. 2, ch. 2016-113.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.0195 - Access of chiropractic physicians to diagnostic reports.

395.0195 Access of chiropractic physicians to diagnostic reports.—Each hospital shall set standards and procedures which provide for reasonable access by licensed chiropractic physicians to the reports of diagnostic X rays and laboratory tests of licensed facilities, subject to the same standards and procedures as other licensed physicians. However, this section does not require a licensed facility to grant staff privileges to a chiropractic physician.
History.—ss. 26, 30, ch. 82-182; ss. 14, 98, ch. 92-289; s. 255, ch. 98-166.
Note.—Former s. 395.014.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1011 - Identification, segregation, and separation of biomedical waste.

395.1011 Identification, segregation, and separation of biomedical waste.—Each licensed facility shall comply with the requirements contained in s. 381.0098. Any transporter or potential transporter of such waste shall be notified of the existence and locations of such waste.
History.—ss. 2, 4, ch. 82-125; s. 53, ch. 88-130; ss. 18, 98, ch. 92-289.
Note.—Former s. 395.0101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1012 - Patient safety.

395.1012 Patient safety.—
(1) Each licensed facility must adopt a patient safety plan. A plan adopted to implement the requirements of 42 C.F.R. s. 482.21 shall be deemed to comply with this requirement.
(2) Each licensed facility shall appoint a patient safety officer and a patient safety committee, which shall include at least one person who is neither employed by nor practicing in the facility, for the purpose of promoting the health and safety of patients, reviewing and evaluating the quality of patient safety measures used by the facility, and assisting in the implementation of the facility patient safety plan.
(3)(a) Each hospital shall provide to any patient or patient’s representative identified pursuant to s. 765.401(1) upon scheduling of nonemergency care, or to any other stabilized patient or patient’s representative identified pursuant to s. 765.401(1) within 24 hours of the patient being stabilized or at the time of discharge, whichever comes first, written information on a form created by the agency which contains the following information available for the hospital for the most recent year and the statewide average for all hospitals related to the following quality measures:
1. The rate of hospital-acquired infections;
2. The overall rating of the Hospital Consumer Assessment of Healthcare Providers and Systems survey; and
3. The 15-day readmission rate.
(b) A hospital shall also provide to any person, upon request, the written information specified in paragraph (a).
(c) The information required by this subsection must be presented in a manner that is easily understandable and accessible to the patient and must also include an explanation of the quality measures and the relationship between patient safety and the hospital’s data for the quality measures.
(4) Each licensed facility must, at least biennially, conduct a patient safety culture survey using the applicable Survey on Patient Safety Culture developed by the federal Agency for Healthcare Research and Quality. Each facility shall conduct the survey anonymously to encourage completion of the survey by staff working in or employed by the facility. Each facility may contract to administer the survey. Each facility shall biennially submit the survey data to the agency in a format specified by rule, which must include the survey participation rate. Each facility may develop an internal action plan between conducting surveys to identify measures to improve the survey and submit the plan to the agency.
History.—s. 6, ch. 2003-416; s. 43, ch. 2016-10; s. 4, ch. 2019-138; s. 1, ch. 2020-134.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1021 - Treatment of sexual assault victims.

395.1021 Treatment of sexual assault victims.—Any licensed facility which provides emergency room services shall arrange for the rendering of appropriate medical attention and treatment of victims of sexual assault through:
(1) Such gynecological, psychological, and medical services as are needed by the victim.
(2) The gathering of forensic medical evidence required for investigation and prosecution from a victim who has reported a sexual battery to a law enforcement agency or who requests that such evidence be gathered for a possible future report.
(3) The training of medical support personnel competent to provide the medical services and treatment as described in subsections (1) and (2).
Such licensed facility shall also arrange for the protection of the victim’s anonymity while complying with the laws of this state and may encourage the victim to notify law enforcement personnel and to cooperate with them in apprehending the suspect.
History.—ss. 26, 30, ch. 82-182; ss. 19, 98, ch. 92-289; s. 5, ch. 2011-220.
Note.—Former s. 395.0201.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1023 - Child abuse and neglect cases; duties.

395.1023 Child abuse and neglect cases; duties.—Each licensed facility shall adopt a protocol that, at a minimum, requires the facility to:
(1) Incorporate a facility policy that every staff member has an affirmative duty to report, pursuant to chapter 39, any actual or suspected case of child abuse, abandonment, or neglect; and
(2) In any case involving suspected child abuse, abandonment, or neglect, designate, at the request of the department, a staff physician to act as a liaison between the hospital and the Department of Children and Families office which is investigating the suspected abuse, abandonment, or neglect, and the Child Protection Team, as defined in s. 39.01, when the case is referred to such a team.
Each general hospital and appropriate specialty hospital shall comply with the provisions of this section and shall notify the agency and the department of its compliance by sending a copy of its policy to the agency and the department as required by rule. The failure by a general hospital or appropriate specialty hospital to comply shall be punished by a fine not exceeding $1,000, to be fixed, imposed, and collected by the agency. Each day in violation is considered a separate offense.
History.—s. 4, ch. 84-226; s. 1, ch. 85-65; s. 36, ch. 92-78; ss. 20, 98, ch. 92-289; s. 2, ch. 97-237; s. 141, ch. 98-403; s. 110, ch. 2014-19; s. 59, ch. 2019-3.
Note.—Former s. 395.0205.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1024 - Patients consenting to adoptions; protocols.

395.1024 Patients consenting to adoptions; protocols.—
(1) Each licensed facility shall adopt a protocol that at a minimum provides for facility staff to be knowledgeable of the waiting periods, revocation and the contents of the consent to adoption as contained in s. 63.082(4), and describes the supportive and unbiased manner in which facility staff will interact with birth parents and prospective adoptive parents regarding the adoption, in particular during the waiting period required in s. 63.082(4)(b) before consenting to an adoption.
(2) The protocol shall be in writing and be provided upon request to any birth parent or prospective adoptive parent of a child born in the facility.
History.—s. 39, ch. 2001-3.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1025 - Infectious diseases; notification.

395.1025 Infectious diseases; notification.—Notwithstanding the provisions in s. 381.004, if, while treating or transporting an ill or injured patient to a licensed facility, an emergency medical technician, paramedic, or other person comes into direct contact with the patient who is subsequently diagnosed as having an infectious disease, it shall be the duty of the licensed facility receiving the patient to notify the emergency medical technician, paramedic, or his or her emergency medical transportation service employer, or other person of the individual’s exposure to the patient within 48 hours, or sooner, of confirmation of the patient’s diagnosis and to advise him or her of the appropriate treatment, if any. Notification made pursuant to this section shall be done in a manner which will protect the confidentiality of such patient information and shall not include any patient’s name.
History.—s. 1, ch. 85-157; s. 3, ch. 92-171; ss. 21, 98, ch. 92-289; s. 727, ch. 95-148.
Note.—Former s. 395.0147.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1031 - Emergency medical services; communication.

395.1031 Emergency medical services; communication.—Each licensed hospital with an emergency department must be capable of communicating by two-way radio with all ground-based basic life support service vehicles and advanced life support service vehicles that operate within the hospital’s service area under a state permit and with all rotorcraft air ambulances that operate under a state permit. The hospital’s radio system must be capable of interfacing with municipal mutual aid channels designated by the Department of Management Services and the Federal Communications Commission.
History.—ss. 23, 99, ch. 92-289; s. 72, ch. 95-143; s. 99, ch. 98-279.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1051 - Duty to notify patients.

395.1051 Duty to notify patients.—An appropriately trained person designated by each licensed facility shall inform each patient, or an individual identified pursuant to s. 765.401(1), in person about adverse incidents that result in serious harm to the patient. Notification of outcomes of care that result in harm to the patient under this section shall not constitute an acknowledgment or admission of liability, nor can it be introduced as evidence.
History.—s. 7, ch. 2003-416.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1052 - Patient access to primary care and specialty providers; notification.

395.1052 Patient access to primary care and specialty providers; notification.—A hospital shall:
(1) Notify each patient’s primary care provider, if any, within 24 hours after the patient’s admission to the hospital.
(2) Inform the patient immediately upon admission that he or she may request to have the hospital’s treating physician consult with the patient’s primary care provider or specialist provider, if any, when developing the patient’s plan of care. Upon the patient’s request, the hospital’s treating physician shall make reasonable efforts to consult with the patient’s primary care provider or specialist provider when developing the patient’s plan of care.
(3) Notify the patient’s primary care provider, if any, of the patient’s discharge from the hospital within 24 hours after the discharge.
(4) Provide the discharge summary and any related information or records to the patient’s primary care provider, if any, within 14 days after the patient’s discharge summary has been completed.
History.—s. 5, ch. 2019-138.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1053 - Postpartum education.

395.1053 Postpartum education.—A hospital that provides birthing services shall incorporate information on safe sleep practices and the possible causes of Sudden Unexpected Infant Death into the hospital’s postpartum instruction on the care of newborns and provide to each parent the informational pamphlet on infant and childhood eye and vision disorders created by the department pursuant to s. 383.14(3)(i).
History.—s. 4, ch. 2013-62; s. 3, ch. 2020-79.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1054 - Birthing quality improvement initiatives.

395.1054 Birthing quality improvement initiatives.—A hospital that provides birthing services shall at all times participate in at least two quality improvement initiatives developed in collaboration with the Florida Perinatal Quality Collaborative within the University of South Florida College of Public Health.
History.—s. 6, ch. 2022-69.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1057 - Patients’ right to choose COVID-19 treatment alternatives.

395.1057 Patients’ right to choose COVID-19 treatment alternatives.—A hospital may not interfere with a patient’s right to choose COVID-19 treatment alternatives as recommended by a health care practitioner with privileges at the hospital if the health care practitioner has obtained informed consent from the patient in accordance with s. 456.62. Any hospital that violates this section by preventing a health care practitioner from exercising his or her sound judgment is subject to agency disciplinary action under s. 395.1065(2).
History.—s. 4, ch. 2023-43.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.106 - Risk pooling by certain hospitals and hospital systems.

395.106 Risk pooling by certain hospitals and hospital systems.—
(1) Notwithstanding any other provision of law, any two or more hospitals licensed in this state and located in this state may form an alliance for the purpose of pooling and spreading liabilities of its members relative to property exposure, implementing self-insurance coverage for its members, or securing such property insurance coverage for the benefit of its members, provided an alliance that is created:
(a) Has annual premiums in excess of $3 million.
(b) Maintains a continuing program of premium calculation and evaluation and reserve evaluation to protect the financial stability of the alliance in an amount and manner determined by consultants using catastrophic (CAT) modeling criteria or other risk-estimating methodologies, including those used by qualified and independent actuaries.
(c) Causes to be prepared annually a fiscal year-end financial statement based upon generally accepted accounting principles and audited by an independent certified public accountant within 6 months after the end of the fiscal year.
(d) Has a governing body comprised entirely of member entities whose representatives on such governing body are specified by the organizational documents of the alliance.
(2) For purposes of this section, the term:
(a) “Alliance” means a corporation, association, limited liability company, or partnership or any other legal entity formed by a group of eligible entities.
(b) “Property coverage” means property coverage provided by self-insurance or insurance for real or personal property of every kind and every interest in such property against loss or damage from any hazard or cause and against any loss consequential to such loss or damage.
(3) An alliance that meets the requirements of this section is not subject to any provision of the insurance code.
(4) An alliance that meets the requirements of this section is not an insurer for purposes of participation in or coverage by the Florida Insurance Guaranty Association established in part II of chapter 631. Alliance self-insured coverage is not subject to insurance premium tax, and any such alliance formed pursuant to this section may not be assessed for purposes of s. 215.555 or s. 627.351.
(5) Reinsurance companies complying with s. 624.610 may issue coverage directly to an alliance self-insuring its liabilities under this section. An alliance purchasing reinsurance shall be considered an insurer for the sole purpose of entering into such reinsurance contracts. Contracts of reinsurance issued to an alliance under this section shall receive the same tax treatment as reinsurance contracts issued to insurance companies. However, the purchase of reinsurance coverage by an alliance self-insuring pursuant to this section shall not be construed as authorizing an alliance to otherwise act as an insurer.
History.—s. 6, ch. 2007-1; s. 2, ch. 2008-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.1065 - Criminal and administrative penalties; moratorium.

395.1065 Criminal and administrative penalties; moratorium.—
(1) In addition to s. 408.812, any person establishing, conducting, managing, or operating any facility without a license under this part commits a misdemeanor and, upon conviction, shall be fined not more than $500 for the first offense and not more than $1,000 for each subsequent offense, and each day of continuing violation after conviction shall be considered a separate offense.
(2)(a) The agency may impose an administrative fine, not to exceed $1,000 per violation, per day, for the violation of any provision of this part, part II of chapter 408, or applicable rules. Each day of violation constitutes a separate violation and is subject to a separate fine.
(b) In determining the amount of fine to be levied for a violation, as provided in paragraph (a), the following factors shall be considered:
1. The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of this part were violated.
2. Actions taken by the licensee to correct the violations or to remedy complaints.
3. Any previous violations of the licensee.
(c) The agency may impose an administrative fine for the violation of s. 641.3154 or, if sufficient claims due to a provider from a health maintenance organization do not exist to enable the take-back of an overpayment, as provided under s. 641.3155(5), for the violation of s. 641.3155(5). The administrative fine for a violation cited in this paragraph shall be in the amounts specified in s. 641.52(5), and the provisions of paragraph (a) do not apply.
(3) In accordance with part II of chapter 408, the agency may impose an immediate moratorium on elective admissions to any licensed facility, building, or portion thereof, or service, when the agency determines that any condition in the facility presents a threat to public health or safety.
(4) In seeking to impose penalties against a facility as defined in s. 394.455 for a violation of part I of chapter 394, the agency is authorized to rely on the investigation and findings by the Department of Health in lieu of conducting its own investigation.
(5) The agency shall impose a fine of $500 for each instance of the facility’s failure to provide the information required by rules adopted pursuant to s. 395.1055(1)(g).
History.—ss. 26, 30, ch. 82-182; ss. 28, 98, ch. 92-289; s. 32, ch. 96-169; s. 105, ch. 99-8; s. 9, ch. 2000-252; s. 7, ch. 2004-297; s. 48, ch. 2007-230; s. 4, ch. 2019-136; s. 37, ch. 2022-5; s. 84, ch. 2023-8.
Note.—Former s. 395.018.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.107 - Facilities; publishing and posting schedule of charges; penalties.

395.107 Facilities; publishing and posting schedule of charges; penalties.—
(1) For purposes of this section, the term “facility” means:
(a) An urgent care center as defined in s. 395.002; or
(b) A diagnostic-imaging center operated by a hospital licensed under this chapter which is not located on the hospital’s premises.
(2) A facility must publish and post a schedule of charges for the medical services offered to patients.
(3) The schedule of charges must describe the medical services in language comprehensible to a layperson. The schedule must include the prices charged to an uninsured person paying for such services by cash, check, credit card, or debit card. The schedule must be posted in a conspicuous place in the reception area and must include, but is not limited to, the 50 services most frequently provided. The schedule may group services by three price levels, listing services in each price level. The posting may be a sign, which must be at least 15 square feet in size, or may be through an electronic messaging board. If a facility is affiliated with a licensed hospital under this chapter, the schedule must include text that notifies the insured patients whether the charges for medical services received at the center will be the same as, or more than, charges for medical services received at the affiliated hospital. The text notifying the patient of the schedule of charges shall be in a font size equal to or greater than the font size used for prices and must be in a contrasting color. The text that notifies the insured patients whether the charges for medical services received at the center will be the same as, or more than, charges for medical services received at the affiliated hospital shall be included in all media and Internet advertisements for the center and in language comprehensible to a layperson.
(4) The posted text describing the medical services must fill at least 12 square feet of the posting. A facility may use an electronic device or messaging board to post the schedule of charges. Such a device must be at least 3 square feet, and patients must be able to access the schedule during all hours of operation of the facility.
(5) A facility that is operated and used exclusively for employees and the dependents of employees of the business that owns or contracts for the facility is exempt from this section.
(6) The failure of a facility to publish and post a schedule of charges as required by this section shall result in a fine of not more than $1,000, per day, until the schedule is published and posted.
History.—s. 3, ch. 2011-122; s. 2, ch. 2012-160; s. 2, ch. 2016-234.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.10973 - Powers and duties of the agency.

395.10973 Powers and duties of the agency.—It is the function of the agency to:
(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part and part II of chapter 408 conferring duties upon it.
(2) Develop a model risk management program for health care facilities which will satisfy the requirements of s. 395.0197.
(3) Enforce the special-occupancy provisions of the Florida Building Code which apply to hospitals, intermediate residential treatment facilities, and ambulatory surgical centers in conducting any inspection authorized by this chapter and part II of chapter 408.
History.—ss. 38, 53, ch. 85-175; s. 32, ch. 88-166; s. 183, ch. 90-363; s. 4, ch. 91-429; s. 88, ch. 92-289; s. 28, ch. 98-89; s. 203, ch. 98-200; s. 23, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 49, ch. 2007-230; s. 35, ch. 2018-24.
Note.—Former s. 626.943.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.2050 - Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.

395.2050 Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.—
(1) Every general hospital, and every specialty hospital that offers the range of medical services offered by a general hospital but only to a portion of the population restricted by age or gender, licensed under this chapter shall comply with the requirements of s. 765.522 pertaining to requests for organ or tissue donation.
(2) Every hospital licensed under this chapter that is engaged in the procurement of organs, tissues, or eyes shall comply with the certification requirements of ss. 765.541-765.546.
(3) Each organ procurement organization designated by the federal Health Care Financing Administration and licensed by the state shall conduct an annual death records review in the organ procurement organization’s affiliated donor hospitals. The organ procurement organization shall enlist the services of every Florida licensed tissue bank and eye bank affiliated with or providing service to the donor hospital and operating in the same service area to participate in the death records review.
History.—s. 3, ch. 95-423; s. 56, ch. 2002-1; s. 36, ch. 2003-1.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3015 - Patient records; form and content.

395.3015 Patient records; form and content.—Each hospital operated by the agency or by the Department of Corrections shall require the use of a system of problem-oriented medical records for its patients, which system shall include the following elements: basic client data collection; a listing of the patient’s problems; the initial plan with diagnostic and therapeutic orders as appropriate for each problem identified; and progress notes, including a discharge summary. The agency shall, by rule, establish criteria for such problem-oriented medical record systems in order to ensure comparability among facilities and to facilitate the compilation of statewide statistics.
History.—ss. 26, 30, ch. 82-182; ss. 30, 98, ch. 92-289.
Note.—Former s. 395.016.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.302 - Patient records; penalties for alteration.

395.302 Patient records; penalties for alteration.—
(1) Any person who fraudulently alters, defaces, or falsifies any medical record, or causes or procures any of these offenses to be committed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A conviction under subsection (1) is also grounds for restriction, suspension, or termination of license privileges.
History.—ss. 25, 52, ch. 85-175; s. 69, ch. 91-224; ss. 31, 98, ch. 92-289.
Note.—Former s. 395.0165.