HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/FLORIDA2.ASC

Text File | 1993-01-14 | 95KB | 2,033 lines

/* Florida, part 2 */



384.286  Temporary leave.-Persons who have been hospitalized,
placed in another health care or residential facility, or
isolated in their residences may be granted a short term
temporary leave at the discretion of the department or its
authorized representatives provided the department determines
that the emergency leave will be closely monitored and will not
endanger the public health. Temporary leave may be granted for
therapeutic purposes, in the event of death or critical illness
in the person's family, or for another emergency.



384.288   Fees and other compensation; payment by board of county
commissioners.-

(1)  For the services required to be performed under the
provisions of ss. 384.27, 384.28, and 384.281, compensation shall
be paid as follows:

(a)  The sheriff shall receive the same fees and mile  age as are
prescribed for like services in criminal cases.

 (b) The counsel appointed by the court to represent an indigent
person shall receive such reasonable compensation as is fixed by
the court appointing him.

 (2) All court-related fees, mileage, and charges shall be taxed
by the court as costs in each proceeding and shall be paid by the
board of county commissioners out of the general fund or fine and
forfeiture fund of the county.



384.29 Confidentiality.-

(1)  All information and records held by the department or its
authorized representatives relating to known or suspected cases
of sexually transmissible diseases are strictly confidential and
exempt from the provisions of s. 119.07(1). This exemption is
subject to the Open Government Sunset Review Act in accordance
with s. 119.14. Such information shall not be released or made
public by the department or its authorized representatives, or by
a court or parties to a lawsuit upon revelation by subpoena,
except under the following circumstances:

(a)  When made with the consent of all persons to which the
information applies;

(b)  When made for statistical purposes, and medical or
epidemiologic information is summarized 50 that no person can be
identified and no names are revealed;

(c)  When made to medical personnel, appropriate state agencies,
public health agencies, or courts of appropriate jurisdiction, to
enforce the provisions of this chapter or s. 775.0877 and related
rules;

(d)  When made in a medical emergency, but only to the extent
necessary to protect the health or life of a named party, or an
injured officer, firefighter, paramedic, or emergency medical
technician, as provided in s. 796.08(6); or

(e)  When made to the proper authorities as required by chapter
415.

(2)  When disclosure is made pursuant to a subpoena, the court
shall seal such information from further disclosure, except as
deemed necessary by the court to reach a decision, unless
otherwise agreed to by all parties. Except as provided in this
section, such information that is disclosed pursuant to a
subpoena is confidential and exempt from the provisions of s.
119.07(1). This exemption is subject to the Open Government
Sunset Review Act in accordance with s. 119.14.

(3)  No employee of the department or its authorized
representatives shall be examined in a civil, criminal, special,
or other proceeding as to the existence or contents of pertinent
records of a person examined or treated for a sexually
transmissible disease by the department or its authorized
representatives, or of the existence or contents of such reports
received from a private physician or private health facility,
without the consent of the person examined and treated for such
diseases, except in proceedings under ss. 384.27 and or involving
offenders pursuant to s. 775.0877.



384.30    Minors' consent to treatment.-

(1)  The department and its authorized representatives, each
physician licensed to practice medicine under the provisions of
chapter 458 or chapter 459, each health care professional
licensed under the provisions of chapter 464 who is acting
pursuant to the scope of his license, and each public or private
hospital, clinic, or other health facility may examine and
provide treatment for sexually transmissible diseases to any
minor, if the physician, health care professional, or facility is
qualified to provide such treatment. The consent of the parents
or guardians of a minor is not a prerequisite for an examination
or treatment.

1(2)  The fact of consultation, examination, and treatment of a
minor for a sexually transmissible disease is confidential and
exempt from the provisions of s. 119.07(1) and shall not be
divulged in any direct or indirect manner, such as sending a bill
for services rendered to a parent or guardian, except as provided
in s. 384.29. This exemption is subject to the Open Government
Sunset Review Act in accordance with s. 119.14.



384.31    Serological testing of pregnant women; duty of the
attendant.-Every person, including every physician licensed under
chapter 458 or chapter 459 or midwife licensed under chapter 464
or chapter 467, attending a pregnant woman for conditions
relating to pregnancy during the period of gestation and delivery
shall take or cause to be taken a sample of venous blood at a
time or times specified by the department. Each sample of blood
shall be tested by a laboratory approved for such purposes under
part I of chapter 483 for sexually transmissible diseases as
required by rule of the department.



384.32    Prisoners.-

(1)  The department and its authorized representatives may, at
its discretion, enter any state, county, or municipal detention
facility to interview, examine, and treat any prisoner for a
sexually transmissible disease. Any such state, county, or
municipal detention facility shall cooperate with the department
and its authorized representatives to provide such space as is
necessary for the examination and treatment of all prisoners
suffering from or suspected of having a sexually transmissible
disease.

(2)  Nothing in this section shall be construed as relieving the
Department of Corrections, counties, or municipalities of their
primary responsibility for providing medical treatment for
prisoners, including treatment for sexually transmissible
diseases.



384.33  Rules.  The department may adopt rules carry out the
provisions of this chapter.



384.34    Penalties.-

(1)  Any person who violates the provisions of s. 384.24 is
guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.

(2)  Any person who violates the provisions of s. 384.26 or s.
384.29 is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.

(3)  Any person who maliciously disseminates any false
information or report concerning the existence of any sexually
transmissible disease is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  Any person who violates the provisions of the to
department's rules pertaining to sexually transmissible diseases
may be punished by a fine not to exceed $500 for each violation.
Any penalties enforced under this subsection shall be in addition
to other penalties provided by this act.



402.41    Educational materials and training concerning human
immunodeficiency virus infections and acquired immune deficiency
syndrome.-The Department of Health and Rehabilitative Services
shall develop educational materials and training about the
transmission, control, and prevention of human immunodeficiency
virus infections and acquired immune deficiency syndrome and
other communicable diseases relevant for use in those facilities
licensed under the provisions of this chapter.



408.033   Local and state health planning.-

(1)  LOCAL HEALTH COUNCILS.

(a)  Local health councils are hereby established as public or
private nonprofit agencies serving the counties of a district of
the department. The members of each council shall be appointed in
an equitable manner by the county commissions having jurisdiction
in the respective district. Each council shall be composed of a
number of  persons equal to 1 1/2 times the number of counties
which compose the district or 12 members, whichever is greater.
Each county in a district shall be entitled to at least one
member on the council. The balance of the membership of the
council shall be allocated among the counties of the district on
the basis of population rounded to the nearest whole number;
except that in a district composed of only two counties, no
county shall have fewer than four members. The appointees shall
be representatives of health care providers, health care
purchasers, and nongovernmental health care consumers, but not
excluding elected government officials. The members of the
consumer group shall include a representative number of persons
over 60 years of age. A majority of council members shall consist
of health care purchasers and health care consumers. The local
health council shall provide each county commission a schedule
for appointing council members to ensure that council membership
complies with the requirements of this paragraph. The members of
the local health council shall elect a chairman. Members shall
serve for terms of 2 years and may be eligible for reappointment.

(b)  Each local health council shall:

1.   Develop a district health plan that is consistent with the
objectives and strategies in the state health plan, but that
shall permit each local health council to develop strategies and
set priorities for implementation based on its unique local
health needs. The district health plan must contain preferences
for the development of health services and facilities, which must
be considered by the department in its review of certificate-of-
need applications. The district health plan shall be submitted to
the department and updated periodically. The district health
plans shall use a uniform format and be submitted to the
department according to a schedule developed by the department in
conjunction with the Statewide Health Council and the local
health councils. The schedule must provide for coordination
between the development of the state health plan and the district
health plans and for the development of district health plans by
major sections over a multiyear period. The elements of a
district plan which are necessary to the review of certificate-of-
need applications for proposed projects within the district shall
be adopted by the department as a part of its rules.

 2.  Advise the department on health care issues and resource
allocations.

3.   Promote public awareness of community health needs,
emphasizing health promotion and cost-effective health service
selection.

4.   Collect data and conduct analyses and studies related to
health care needs of the district, including the needs of
medically indigent persons, and assist the department and other
state agencies in carrying out data collection activities that
relate to the functions in this subsection.

5.   Monitor the onsite construction progress, if any, of
certificate-of-need approved projects and report council findings
to the department on forms provided by the department.

6.  Advise and assist any regional planning councils within each
district that have elected to address health issues in their
strategic regional policy plans with the development of the
health element of the plans to address the health goals and
policies in the State Comprehensive Plan.

7.   Advise and assist local governments within each district on
the development of an optional health plan element of the
comprehensive plan provided in chapter 163, to assure
compatibility with the health goals and policies in the State
Comprehensive Plan and district health plan. To facilitate the
implementation of this section, the local health council shall
annually provide the local governments in its service area, upon
request, with:

a.   A copy and appropriate updates of the district health plan;

b.   A report of hospital and nursing home utilization statistics
for facilities within the local government jurisdiction; and

c.   Applicable department rules and calculated need
methodologies for health facilities and services regulated under
s. 381.704 for the district served by the local health council.

8.   Monitor and evaluate the adequacy, appropriateness, and
effectiveness, within the district, of local, state, federal, and
private funds distributed to meet the needs of the medically
indigent and other underserved population groups.

9.   In conjunction with the Department of Health and
Rehabilitative Services and Statewide Health Council, plan for
services at the local level for persons infected with the human
immunodeficiency virus.

10.  Provide technical assistance to encourage and support
activities by providers, purchasers, consumers, and local,
regional, and state agencies in meeting the health care goals,
objectives, and policies adopted by the local health council.

11.  Provide the department with data required by rule for the
review of certificate-of-need applications and the projection of
need for health services and facilities in the district.

(c)  Local health councils may conduct public hearings pursuant
to s. 381 .709(3)(b).

(d)  Each local health council shall enter into a memorandum of
agreement with each regional planning council in its district
that elects to address health issues in its strategic regional
policy plan. In addition, each local health council shall enter
into a memorandum of agreement with each local government that
includes an optional health element in its comprehensive plan.
Each memorandum of agreement must specify the manner in which
each local government, regional planning council, and local
health council will coordinate its activities to ensure a unified
approach to health planning and implementation efforts.

(e)  Local health councils may employ personnel to carry out the
councils' purposes. Such personnel shall possess qualifications
and be compensated in a manner commensurate with comparable
positions in the Career Service System. However, such personnel
shall not be deemed to be state employees.

(f)  Personnel of the local health councils shall provide an
annual orientation to council members about council member
responsibilities. The orientation shall include presentations and
participation by department staff.

(g)  Each local health council is authorized to accept and
receive, in furtherance of its health planning functions, funds,
grants, and services from governmental agencies and from private
or civic sources and to perform studies related to local health
planning in exchange for such funds, grants, or services. Each
local health council shall, no later than January 30 of each
year, render an accounting of the receipt and disbursement of
such funds received by it to the department. The department shall
consolidate all such reports and submit such consolidated report
to the Legislature no later than March 1 of each year. Funds
received by a local health council pursuant to this paragraph
shall not be deemed to be a substitute for, or an offset against,
any funding provided pursuant to subsection (3).

(2)  STATEWIDE HEALTH COUNCIL.-The Statewide Health Council is
hereby established as a state-level comprehensive health planning
and policy advisory board. For administrative purposes, the
council shall be located within the agency. The Statewide Health
Council shall be composed of: the State Health Officer; the Dep
uty Director for Health Policy and Cost Control and the Deputy
Director for Health Quality Assurance of the department; the
director of the Health Care Board; the Insurance Commissioner or
his designee; the Vice Chancellor for Health Affairs of the Board
of Regents; three chairmen of regional planning councils,
selected by the regional planning councils; five chairmen of
local health councils, selected by the local health councils;
four members appointed by the Governor, one of whom is a consumer
over 60 years of age, one of whom is a representative of
organized labor, one of whom is a physician, and one of whom
represents the nursing home industry; five members appointed by
the President of the Senate, one of whom is a representative of
the insurance industry in this state, one of whom is the chief
executive officer of a business with more than 300 employees in
this state, one of whom represents the hospital industry, one of
whom is a primary care physician, and one of whom is a nurse, and
five members appointed by the Speaker of the House of
Representatives, one of whom is a consumer who represents a
minority group in this state, one of whom represents the home
health care industry in this state, one of whom is an allied
health care professional, one of whom is the chief executive
officer of a business with fewer than 25 employees in this state,
and one of whom represents a county social services program that
provides health care services to the indigent. Appointed members
of the council shall serve for 2-year terms commencing October 1
of each even-numbered year. The council shall elect a president
from among the members who are not state employees. The Statewide
Health Council shall:

(a)  Advise the Governor, the Legislature, and the department on
state health policy issues, state and local health planning
activities, and state health regulation programs;

(b)  Prepare a state health plan that specifies subgoals,
quantifiable objectives, strategies, and resource requirements to
implement the goals and policies of the health element of the
State Comprehensive Plan. The plan must assess the health status
of residents of this state; evaluate the adequacy, accessibility,
and affordability of health services and facilities; assess
government-financed programs and private health care insurance
coverages; and address other topical local and state health care
issues. Within 2 years after the health element of the State
Comprehensive Plan is amended, and by July 1 of every 3rd year,
if it is not amended, the Statewide Health Council shall submit
the state health plan to the Executive Office of the Governor,
the secretary of the department, the President of the Senate, and
the Speaker of the House of Representatives;

(c)  Promote public awareness of state health care issues and, in
conjunction with the local health councils, conduct public forums
throughout the state to solicit the comments and advice of the
public on the adequacy, accessibility, and affordability of
health care services in this state and other health care issues;

(d)  Consult with local health councils, the Health Care Cost
Containment Board, the Department of Insurance, the Department of
Health and Rehabilitative Services, and other appropriate public
and private entities, including health care industry
representatives regarding the development of health policies;

(e)  Serve as a forum for the discussion of local health planning
issues of concern to the local health councils and regional
planning councils;

(f)  Review district health plans for consistency with the State
Comprehensive Plan and the state health plan;

(g)  Review the health components of agency functional plans for
consistency with the health element of the State Comprehensive
Plan, advise the Executive Office of the Governor regarding
inconsistencies, and recommend revisions to agency functional
plans to make them consistent with the State Comprehensive Plan;

(h)  Review any strategic regional plans that address health
issues for consistency with the health element of the State
Comprehensive Plan, advise the Executive Office of the Governor
regarding inconsistencies, and recommend revisions to strategic
regional policy plans to make them consistent with the State
Comprehensive Plan;

(i)  Assist the Department of Community Affairs in the review of
local government comprehensive plans to ensure consistency with
policy developed in the district health plans;

(j)  With the assistance of the local health councils, conduct
public forums and use other means to determine the opinions of
health care consumers, providers, payers, and insurers regarding
the state's health care goals and policies and develop suggested
revisions to the health element of the State Comprehensive Plan.
The council shall submit the proposed revisions to the health
element of the State Comprehensive Plan to the Governor, the
President of the Senate, and the Speaker of the House of
Representatives by February 1, 1993, and shall widely circulate
the proposed revisions to affected parties. The council shall
periodically assess the progress made in achieving the goals and
policies contained in the health element of the State Comprehen
sive Plan and report to the department, the Governor, the
President of the Senate, and the Speaker of the House of
Representatives; and

(k)  Conduct any other functions or studies and analyses falling
under the duties listed above.

(3)  FUNDING.

(a)  The Legislature intends that the cost of local health
councils and the Statewide Health Council be borne by application
fees for certificates of need and by assessments on selected
health care facilities subject to facility licensure by the
Agency for Health Care Administration, including abortion
clinics, adult congregate living facilities, ambulatory surgical
centers, birthing centers, clinical laboratories except community
nonprofit blood banks, home health agencies, hospices, hospitals,
intermediate care facilities for the developmentally disabled,
nursing homes, and multiphasic testing centers and by assessments
on organizations subject to certification by the agency pursuant
to chapter 641, part III, including health maintenance
organizations and prepaid health clinics.

(b)1.  A hospital licensed under chapter 395, a nursing home
licensed under chapter 400, and an adult congregate living
facility licensed under chapter 400 shall be assessed an annual
fee based on number of beds.

2.   All other facilities and organizations listed in paragraph
(a) shall each be assessed an annual fee of $150.

3.   Facilities operated by the Department of Health and
Rehabilitative Services or the Department of Corrections and any
hospital which meets the definition of rural hospital pursuant to
s. 395.602 are exempt from the assessment required in this
subsection.

(c)1.  The agency shall, by rule, establish fees for hospitals
and nursing homes based on an assessment of $2 per bed. However,
no such facility shall be assessed more than a total of $500
under this subsection.

2.   The agency shall, by rule, establish fees for adult
congregate living facilities based on an assessment of $1 per
bed. However, no such facility shall be assessed  more than a
total of $150 under this subsection.

3.   The agency shall, by rule, establish an annual fee  of $150
for all other facilities and organizations listed in paragraph
(a).

 (d) The agency shall, by rule, establish a facility billing and
collection process for the billing and collection of the health
facility fees authorized by this subsection.

(e)  A health facility which is assessed a fee under this
subsection is subject to a fine of $100 per day for each day in
which the facility is late in submitting its annual fee up to
maximum of the annual fee owed by the facility. A facility which
refuses to pay the fee or fine is subject to the forfeiture of
its license.

(f)  The agency shall deposit in the Health Care Trust Fund all
health care facility assessments that are assessed under this
subsection and proceeds from the certificate-of-need application
fees which are sufficient to maintain the aggregate funding level
for the local health councils and the Statewide Health Council as
in the general appropriations act. The remain-certificate-of-need
application fees shall be used j for the purpose of administering
the Health Facility and Services Development Act.

(4)  DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.

(a)  The department, in conjunction with the Statewide Health
Council and the local health councils, is responsible for the
planning of all health care services in the state and for
assisting the Statewide Health Council in the preparation of the
state health plan.

(b)  The department shall develop and maintain a comprehensive
health care data base for the purpose of health planning and for
certificate-of-need determinations. The department or its
contractor is authorized to require the submission of information
from health facilities, health service providers, and licensed
health professionals which is determined by the department,
through rule, to be necessary for meeting the department's
responsibilities as established in this section.

(c)  The department shall assist personnel of the local health
councils in providing an annual orientation to council members
about council member responsibilities.

(d)  The department shall contract with the local health councils
for the services specified in subsection (1). All contract funds
shall be distributed according to an allocation plan developed by
the department that provides for a minimum and equal funding base
for each local health council. Any remaining funds shall be dis
tributed based on adjustments for workload. The department may
also make grants to or reimburse local health councils from
federal funds provided to the state for activities related to
those functions set forth in this section. The department may
withhold funds from a local health council or cancel its contract
with a local health council which does not meet performance stand
ards agreed upon by the department and local health councils.



455.2224  Hepatitis B or human immunodeficiency carriers.-The
Department of Professional Regulation and each appropriate board
within the Division of Medical Quality Assurance shall have the
authority to establish procedures to handle, counsel, and provide
other services to health care professionals within their respec
tive boards who are infected with hepatitis B or the human
immunodeficiency virus.



455.2226  Requirement for instruction on human immunodeficiency
virus and acquired immune deficiency syndrome.-

(1)  As of July 1,1991, the appropriate board shall require each
person licensed or certified under chapter 457; chapter 458;
chapter 459; chapter 460; chapter 461; chapter 463; chapter 464;
chapter 465; chapter 466; part II, part III, or part V of chapter
468; chapter 470; or chapter 486 to complete a continuing
educational course, approved by the board, on human immunodefi
ciency virus and acquired immune deficiency syndrome as part of
biennial relicensure or recertification, The course shall consist
of education on the modes of transmission, infection control
procedures, clinical management, and prevention of human
immunodeficiency virus and acquired immune deficiency syndrome.
Such course shall include information on current Florida law on
acquired immune deficiency syndrome and its impact on testing,
confidentiality of test results, and treatment of patients.

(2)  Each such licensee or certificateholder shall submit
confirmation of having completed said course, on a form as
provided by the board, when submitting fees for each biennial
renewal.

(3)  The board shall have the authority to approve additional
equivalent courses that may be used to satisfy the requirements
in subsection (1). Each licensing board that requires a licensee
to complete an educational course pursuant to this section may
count the hours required for completion of the course included in
the total continuing educational requirements as required by law.

(4)  Any person holding two or more licenses subject to the
provisions of this section shall be permitted to show proof of
having taken one board-approved course on human immunodeficiency
virus and acquired immune deficiency syndrome, for purposes of
relicensure or recertification for additional licenses,

(5)  Failure to comply with the above requirements shall
constitute grounds for disciplinary action under each respective
licensing chapter and s. 455.227(1 )(e). In addition to
discipline by the board, the licensee shall be required to
complete said course.

(6)  The board shall require as a condition of granting a license
under the chapters specified in subsection (1) that an applicant
making initial application for licensure complete an educational
course acceptable to the board on human immunodeficiency virus
and acquired immune deficiency syndrome. An applicant who has not
taken a course at the time of licensure shall, upon an affidavit
showing good cause, be allowed 6 months to complete this
requirement.

(7)  The board shall have the authority to adopt rules to carry
out the provisions of this section.

(8)  The board shall report to the Legislature by March 1 of each
year as to the implementation and compliance with the
requirements of this section.



455.2228  Requirement for instruction on human immunodeficiency
virus and acquired immune deficiency syndrome.-

(1)  The board shall require each person licensed or certified
under chapter 476, chapter 477, or chapter 480 to complete a
continuing educational course approved by the board on human
immunodeficiency virus and acquired immune deficiency syndrome as
part of biennial relicensure or recertification. The course shall
consist of education on modes of transmission, infection control
procedures, clinical management, and prevention of human
immunodeficiency virus and acquired deficiency syndrome, with an
emphasis on behavior and attitude change.

(2)  When filing fees for each biennial renewal, each licensee
shall submit confirmation of having completed said course, on a
form provided by the board or by  the department if there is no
board. At the time of the subsequent biennial renewal when
coursework is to be completed, if the licensee has not submitted
confirmation which has been received and recorded by the board,
or department if there is no board, the department shall not
renew the license.

(3)  The board shall have the authority to approve additional
equivalent courses that may be used to satisfy the requirements
in subsection (1).

(4) As of December 31, 1992, the board shall require, as a
condition of granting a license under the chapters specified in
subsection (1), that an applicant making initial application for
licensure complete an educational course acceptable to the board
on human immunodeficiency virus and acquired immune deficiency
syndrome. An applicant who has not taken a course at the time of
licensure shall, upon an affidavit showing good cause, be allowed
6 months to complete the requirement.

(5)  The board shall have the authority to adopt rules to carry
out the provisions of this section.

(6)  The board shall report to the Legislature by March 1 of each
year as to the implementation and compliance with the
requirements of this section.

(7)  Any professional holding two or more licenses subject to the
provisions of this section shall be permitted to show proof of
having taken one board-approved course on human immunodeficiency
virus and acquired immune deficiency syndrome, for purposes of
relicensure or recertification for additional licenses.



455.2416  Practitioner disclosure of confidential Information;
immunity from civil or criminal liability.-

(1)  A practitioner regulated through the Division of Medical
Quality Assurance of the department shall not be civilly or
criminally liable for the disclosure of otherwise confidential
information to a sexual partner or a needle-sharing partner under
the following circumstances:

(a)  If a patient of the practitioner who has tested positive for
human immunodeficiency virus discloses to a practitioner the
identity of a sexual partner or a needle-sharing partner;

(b)  The practitioner recommends the patient notify the sexual
partner or the needle-sharing partner of the positive test and
refrain from engaging in sexual or drug activity in a manner
likely to transmit the virus and the patient refuses, and the
practitioner informs the patient of his intent to inform the
sexual partner or needle-sharing partner; and

(c)  If pursuant to a perceived civil duty or the ethical
guidelines of the profession, the practitioner reasonably and in
good faith advises the sexual partner or the needle-sharing
partner of the patient of the positive test and facts concerning
the transmission of the virus.

However, any notification of a sexual partner or a needle-sharing
partner pursuant to this section shall be done in accordance with
protocols developed pursuant to rule of the Department of Health
and Rehabilitative Services.

(2)  Notwithstanding the foregoing, a practitioner regulated
through the Division of Medical Quality Assurance of the
department shall not be civilly or criminally liable for failure
to disclose information relating to a positive test result for
human immunodeficiency virus of a patient to a sexual partner or
a needle-sharing partner.



483.314   Collection and transmittal of specimens.

(1)  A center shall forward the specimens collected by it to a
clinical laboratory for such analyses as are authorized by the
medical director of the center, Multiphasic health testing
centers are authorized to conduct dipstick urinalysis and fecal
occult blood tests only if such tests are conducted by licensed
registered nurses, practical nurses, medical technicians, medical
assistants, or clinical laboratory technicians trained to perform
and interpret these tests,

(2)  Consumer multiphasic health testing centers shall report the
results of an analysis directly to the medical director of the
center that requested it and shall forward the results to the
person from whom the specimen was collected within 5 days after
the date the specimen was collected, When test results deviate
significantly from established ranges, indicating the presence of
a potential pathological condition, the contract multiphasic
health testing center must forward the results to the person from
whom the specimen was collected and the person's designated
physician within 5 days after the date the specimen was
collected, Complete results of contract multiphasic health
testing must be forwarded to the medical director of the
contracting employer within 30 days after the date the specimen
was collected,

(3)  A multiphasic health testing center may not collect
specimens from the human body where prudent medical practice
requires that such specimens only be collected during the course
of a physical examination by a physician. The agency, which may
consult with the Board of Medicine and the Board of Osteopathic
Medicine, shall develop rules to implement this subsection,

(4)  A center may not perform or hold itself out to the public as
providing for testing for the human immunodeficiency virus (HIV)
unless it complies with s. 381,004.



499.005   Prohibited acts.  It is unlawful to perform or cause
the performance of any of the following acts in this state:

(1)  The manufacture, repackaging, sale, delivery, or holding or
offering for sale of any drug, device, or cosmetic that is
adulterated or misbranded or has otherwise been rendered unfit
for human or animal use.

(2)  The adulteration or misbranding of any drug, device, or
cosmetic.

(3)  The receipt of any drug, device, or cosmetic that is
adulterated or misbranded, and the delivery or proffered delivery
of such drug, device, or cosmetic, for pay or otherwise.

(4)  The sale, distribution, purchase, trade, holding, or
offering of any drug, device, or cosmetic in violation of ss.
499.001-499.081.

(5)  The dissemination of any false or misleading advertisement
of a drug, device, or cosmetic.

(6)  The refusal:

(a)  To allow the department to enter or inspect an establishment
in which drugs, devices, or cosmetics are manufactured,
processed, repackaged, sold, brokered, or held;

(b)  To allow inspection of any record of that establishment;

(c)  To allow the department to enter and inspect any vehicle
that is being used to transport drugs, devices, or cosmetics; or

(d)  To allow the department to take samples of any drug, device,
or cosmetic.

(7)  The giving of a false guaranty or false undertaking with
respect to a drug, device, or cosmetic, except by a person who
relied on a guaranty or undertaking to the same effect signed by,
and containing the name and address of, the person residing in
this state from whom he received in good faith the drug, device,
or cosmetic.

(8)  Committing any act that causes a drug, device, or cosmetic
to be a counterfeit drug, device, or cosmetic; or selling,
dispensing, or holding for sale a counterfeit drug, device, or
cosmetic.

(9)  The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of a drug,
device, or cosmetic, or the doing of any other act with respect
to a drug, device, or cosmetic, if the act is done while the
drug, device, or cosmetic is held for sale and the act results in
the drug, device, or cosmetic being misbranded.

(10) Forging; counterfeiting; simulating; falsely representing
any drug, device, or cosmetic; or, without the authority of the
manufacturer, using any mark, stamp, tag, label, or other
identification device authorized or required by rules adopted
under ss. 499.001-499.081.

(11) The use, on the labeling of any drug or in any advertisement
relating to such drug, of any representation or suggestion that
an application of the drug is effective when it is not or that
the drug complies with ss. 499.001-499.081 when it does not.

(12) The possession of any drug in violation of ss. 499.001-
499.081.

(13) The sale, delivery, holding, or offering for sale of any
self-testing kits designed to tell persons their status
concerning human immunodeficiency virus or acquired immune
deficiency syndrome or related disorders or conditions.

(14) The purchase or receipt of a legend drug from a person that
is not authorized under the law of the state in which the person
resides to distribute legend drugs.

(15) The sale or transfer of a legend drug to a person that is
not authorized under the law of the jurisdiction in which the
person resides to purchase or possess legend drugs.

(16) The purchase or receipt of a compressed medical gas from a
person that is not authorized under the law of the state in which
the person resides to distribute compressed medical gases.

(17) The sale, purchase, or trade, or the offer to sell,
purchase, or trade, a drug sample as defined in s. 499.028; the
distribution of a drug sample in violation of s. 499.028; or the
failure to otherwise comply with s. 499.028.

(18) Failure to maintain records as required by ss. 499.001-
499.081 and rules adopted under those sections.

(19) Providing the department with false or fraudulent records,
or making false or fraudulent statements, regarding a drug,
device, or cosmetic.

(20) The importation of a legend drug except as provided by s.
801(d) of the Federal Food, Drug, and Cosmetic Act.

(21) The wholesale distribution of any prescription drug that
was:

(a)  Purchased by a public or private hospital or other health
care entity; or

(b)  Donated or supplied at a reduced price to a charitable
organization.

(22) Failure to obtain a permit or registration, or operating
without a valid permit, as required by ss. 499.001-499.081.



499.0053  Power to administer oaths, take depositions, and issue
and serve subpoenas.  For the purpose of any investigation or
proceeding conducted by the department under ss. 499.001-499.081,
the department may administer oaths, take depositions, issue and
serve subpoenas, and compel the attendance of witnesses and the
production of books, papers, documents, or other evidence. The
department shall exercise this power on its own initiative.
Challenges to, and enforcement of, the subpoenas and orders shall
be handled as provided in s. 120.58.



499.0054  Advertising and labeling of drugs, devices, and
cosmetics.-It is a violation of the Florida Drug and Cosmetic Act
to perform or cause the performance of any of the following acts:

(1)  The dissemination of any false advertisement of any drug,
device, or cosmetic. An advertisement is false if it Is false or
misleading in any way.

(2)  The distribution in commerce of any drug, device, or
cosmetic, if its labeling or advertising is in violation of ss.
499.001-499.081.

(3)  The manufacturing, repackaging, packaging, selling,
delivery, holding, or offering for sale of any drug, device, or
cosmetic for which the advertising or labeling is false or
misleading.

(4)  The advertising of any drug, device, or cosmetic that is
adulterated or misbranded.

(5)  The receiving in commerce of any drug, device, or cosmetic
that is falsely advertised or labeled or the delivering or
proffering for delivery of any such drug, device, or cosmetic.

(6)  The advertising of any drug or device represented to have
any effect in any of the following conditions, disorders,
diseases, or processes:

(a)  Blood disorders.

(b)  Bone or joint diseases.

(c)  Kidney diseases or disorders.

(d)  Cancer.

(e)  Diabetes.

(f)  Gall bladder diseases or disorders.

(g)  Heart and vascular diseases.

(h)  High blood pressure.

(i)  Diseases or disorders of the ear or auditory apparatus,
including hearing loss or deafness.

(j)  Mental disease or mental retardation.

(k)  Paralysis.

(I)  Prostate gland disorders.

(m)  Conditions of the scalp affecting hair loss.

(n)  Baldness.

(o)  Endocrine disorders.

(p)  Sexual impotence.

(q)  Tumors.

(r)  Venereal diseases.

(s)  Varicose ulcers.

(t)  Breast enlargement.

(u)  Purifying blood.

(v)  Metabolic disorders.

(w)  Immune system disorders or conditions affecting the immune
system.

(x)  Extension of life expectancy.

(y)  Stress and tension.

(z)  Brain stimulation or performance.

(aa) The body's natural defense mechanisms.

(bb) Blood flow.

(cc) Depression.

(dd) Human immunodeficiency virus or acquired immune deficiency
syndrome or related disorders or conditions.



627.4237  Sickness disability or disability due to sickness.-
Notwithstanding any provision of law to the contrary, the term
"sickness disability" or "disability due to sickness," as used in
individual or group disability insurance policies issued in this
state on or after October 1, 1992, includes any restriction of a
health care practitioner's ability to perform his occupation
because of action taken by his state licensing board as a result
of his testing positive on a human immunodeficiency virus test.
The provisions of this section do not require payment of
disability income benefits under any policy without the insured
experiencing an actual loss of income as may be required under
the terms of the policy as a condition of receiving such
benefits.



627.429   Medical tests for human immunodeficiency virus
infection and acquired immune deficiency syndrome for insurance
purposes.

(1)  PURPOSE.-The purpose of this section is to prohibit unfair
practices in the underwriting of insurance with respect to
exposure to the human immunodeficiency virus infection and
related matters, and thereby to reduce the possibility that a
person may suffer unfair discrimination when purchasing
insurance.

(2)  SCOPE.-

(a)  This section applies to all insurance policies, and the
underwriting thereof, which are issued in this state or are
issued outside this state pursuant to s. 627.5515 or s. 627.6515
covering residents of this state and to multiple-employer welfare
arrangements defined in s. 624.437. For the purposes of this
section, "insurer" includes authorized multiple-employer welfare
arrangements.

(b)  This section does not prohibit an insurer from contesting a
policy or claim to the extent allowed by law.

(3)  DEFINITIONS.-As used in this section:

(a)  "AIDS" means acquired immune deficiency syndrome.

(b)  "ARC" means AIDS-related complex.

(c)  "HIV" means the human immunodeficiency virus identified as
the causative agent of AIDS.

(4)  USE OF MEDICAL TESTS FOR UNDERWRITING.

(a)  With respect to the issuance of or the underwriting of a
policy regarding exposure to the HIV infection and sickness or
medical conditions derived from HIV infection, the insurer may
use only medical tests that are reliable predictors of risk. A
test which is recommended by the Centers for Disease Control or
by the federal Food and Drug Administration is reliable for the
purposes of this section. A test which is rejected or not rec
ommended by the Centers for Disease Control or the federal Food
and Drug Administration is not reliable for the purposes of this
section. If a specific test recommended by the Centers for
Disease Control or the federal Food and Drug Administration
indicates the existence or potential existence of exposure to the
HIV infection or a sickness or medical condition related to the
HIV infection, the insurer shall, before relying on a single test
result to deny or limit coverage or to rate the coverage, follow
the applicable Centers for Disease Control or federal Food and
Drug Administration recommended test protocol and shall use any
applicable followup tests or series of tests recommended by the
Centers for Disease Control or federal Food and Drug
Administration to confirm the indication.

(b)  Prior to testing, the insurer shall disclose its intent to
test the person for the HIV infection or for a specific sickness
or medical condition derived therefrom and shall obtain the
person's written informed consent to administer the test. The
written informed consent required by this paragraph shall include
a fair explanation of the test, including its purpose, potential
uses, and limitations, and the meaning of its results and the
right to confidential treatment of information. Use of a form
approved by the department raises a conclusive presumption of
informed consent.

(c)  An applicant shall be notified of a positive test result by
a physician designated by the applicant or, in the absence of
such designation, by the Department of Health and Rehabilitative
Services. Notification must include all of the following:

1.   Face-to-face posttest counseling on the meaning of the test
results, the possible need for additional testing, and the need
to eliminate behavior which might spread the disease to others.

2.   The availability in the person's geographic area of any
appropriate health care services, including mental health care,
and appropriate social and Support services.

3.   The benefits of locating and counseling any individual by
whom the infected individual may have been exposed to human
immunodeficiency virus and any individual whom the infected
individual may have exposed to the virus.

4.   The availability, if any, of the services of public health
authorities with respect to locating and counseling any
individual described in subparagraph 3.

(d)  A medical test for exposure to the HIV infection or for a
sickness or medical condition derived from such infection may be
required of or given to a person only if the test is based on the
person's current medical condition or medical history or if the
test is triggered by threshold coverage amounts which apply to
all persons within the risk class. Sexual orientation may not be
used in the underwriting process or in the determination of which
applicants shall be tested for exposure to the HIV infection. The
marital status, living arrangements, occupation, gender,
beneficiary designation, or zip code or other territorial
classification of an applicant may not be used to establish the
applicant's sexual orientation.

(e)  An insurer may inquire whether a person has been tested
positive for exposure to the HIV infection or been diagnosed as
having ARC or AIDS caused by the HIV infection or other sickness
or condition derived from such infection. An insurer may not
inquire whether the person has been tested for or has received a
negative result from a specific test for exposure to the HIV
infection or for a sickness or a medical condition derived from
such infection.

(f)  Insurers shall maintain strict confidentiality regarding
medical test results with respect to exposure to the HIV
infection or a specific sickness or medical condition derived
from such exposure. The insurer may not disclose information
regarding specific test results outside of the insurance company
or its employees, insurance affiliates, agents, or reinsurers,
except to the person tested and to persons designated in writing
by the person tested. The insurer may not furnish specific test
results for exposure to the HIV infection to an insurer industry
data bank if a review of the information would identify the
individual and the specific test results.

(g)  A laboratory may be used by an insurer or insurance support
organization for the processing of HIV related tests only if it
is certified by the United States Department of Health and Human
Services under the Clinical Laboratories Improvement Act of 1967,
permitting testing of specimens obtained in interstate commerce,
and only if the laboratory subjects itself to ongoing proficiency
testing by the College of American Pathologists, the American
Association of Bio Analysts, or an equivalent program approved by
the Centers for Disease Control of the United States Department
of Health and Human Services.

(5)  RESTRICTIONS ON COVERAGE EXCLUSIONS AND LIMITATIONS.-

(a)  An insurer of a group policy may not exclude coverage of an
eligible individual because of a positive test result for
exposure to the HIV infection or a specific sickness or medical
condition derived from such exposure, either as a condition for
or subsequent to the issuance of the policy. This paragraph does
not apply to individuals applying for coverage where individual
underwriting is otherwise allowed by law.

(b)  Subject to the total benefits limits in a health insurance
policy, no health insurance policy shall contain an exclusion or
limitation with respect to coverage for exposure to the HIV
infection or a specific sickness or medical condition derived
from such infection, except as provided in a preexisting
condition clause. This paragraph does not prohibit the issuance
of accident-only or specified disease health policies.

(c)  Except for preexisting conditions specifically applying to a
sickness or medical condition of the insured, benefits under a
life insurance policy shall not be denied or limited based on the
fact that the insured's death was caused, directly or indirectly,
by exposure to the HIV infection or a specific sickness or
medical condition derived from such infection. This paragraph
does not prohibit the issuance of accidental death only or
specified disease policies.

(d)  Any major medical or comprehensive accident and health
policy for which individual underwriting is authorized by law may
contain a provision excluding coverage for expenses related to
AIDS or ARC if, in the opinion of a legally qualified physician,
the insured, prior to the first anniversary of the insured's
coverage under the policy, first exhibited objective
manifestations of AIDS or ARC, as defined by the Centers for
Disease Control, which objective manifestations are attributable
to no other cause or was diagnosed as having AIDS or ARC if all
of the following apply:

1.   The applicant for the policy is not required to submit to
any medical test for HIV infection.

2.   The policy provision:

a.   Is set forth separately from the other exclusion and
limitation provisions of the policy.

b.   Has an appropriate caption or heading.

c.   Is disclosed and referenced in a conspicuous manner on the
policy data page.

d.   Contains a statement that the exclusion will not apply to
any person if the insurer does not assert the defense before the
person has been insured under the policy for 2 years.

3.   The insurer must notify the insured in writing of a
determination that the insured would be subject to the effect of
the exclusion within 90 days after the insurer first determines
that an insured would be subject to the effect of the exclusion,
even if there are no claims for AIDS or ARC. Failure to provide
timely written notice under this subparagraph bars the insurer
from using the exclusion.

4.   Objective manifestations of AIDS or ARC first exhibited
after the 12-month manifestation period must be covered the same
as any other illness.



627.6265  Cancellation or nonrenewal prohibited.-Notwithstanding
any other provision of law to the contrary, no insurer shall
cancel or nonrenew the health insurance policy of any insured
because of diagnosis or treatment of human immunodeficiency virus
infection or acquired immune deficiency syndrome.



627.6646  Cancellation or nonrenewal prohibited.-Notwithstanding
any other provision of law to the contrary, no insurer shall
cancel or nonrenew the health insurance policy of any insured
because of diagnosis or treatment of human immunodeficiency virus
infection or acquired immune deficiency syndrome.



1641.3007  Human immunodeficiency virus infection and acquired
immune deficiency syndrome for contract purposes.-

(1)  PURPOSE.-The purpose of this section is to prohibit unfair
practices in a health maintenance organization contract with
respect to exposure to the human immunodeficiency virus infection
and related matters, and thereby reduce the possibility that a
health maintenance organization subscriber or applicant may
suffer unfair discrimination when subscribing to or applying for
the contractual services of a health maintenance organization.

(2)  SCOPE.-This section applies to all health maintenance
contracts which are issued in this state or which are issued
outside this state but cover residents of this state. This
section shall not prohibit a health maintenance organization from
contesting a contract or claim to the extent allowed by law.

(3)  DEFINITIONS.  As used in this section:

(a)  "AIDS" means acquired immune deficiency syndrome.

(b)  "ARC" means AIDS-related complex.

(c)  "HIV" means human immunodeficiency virus identified as the
causative agent of AIDS.

(4)  UTILIZATION OF MEDICAL TESTS.-

-(a) With respect to the issuance of or the underwriting of a
health maintenance organization contract regarding exposure to
the HIV infection and sickness or medical conditions derived from
such infection, 3a health maintenance organization shall only
utilize medical tests which are reliable predictors of risk. A
test which is recommended by the Centers for Disease Control or
by the federal Food and Drug Administration is

deemed to be reliable for the purposes of this section. A test
which is rejected or not recommended by the Centers for Disease
Control or the federal Food and Drug Administration is a test
which is deemed to be not reliable for the purposes of this
section. If a specific Centers for Disease Control or federal
Food and Drug Administration recommended test indicates the exist
ence or potential existence of exposure by the HIV infection or a
sickness or medical condition related to the HIV infection,
before relying on a single test result to deny or limit coverage
or to rate the coverage, the health maintenance organization
shall follow the applicable Centers for Disease Control or
federal Food and Drug Administration recommended test protocol
and shall utilize any applicable Centers for Disease Control or
federal Food and Drug Administration recommended followup tests
or series of tests to confirm the indication.

(b)  Prior to testing, the health maintenance organization must
disclose its intent to test the person for the HIV infection or
for a specific sickness or medical condition derived therefrom
and must obtain the person's written informed consent to
administer the test. Written informed consent shall include a
fair explanation of the test, including its purpose, potential
uses, and limitations, and the meaning of its results and the
right to confidential treatment of information. Use of a form
approved by the department shall raise a conclusive presumption
of informed consent.

(c)  An applicant shall be notified of a positive test result by
a physician designated by the applicant or, in the absence of
such designation, by the Department of Health and Rehabilitative
Services. Such notification must include:

1.   Face-to-face posttest counseling on the meaning of the test
results; the possible need for additional testing; and the need
to eliminate behavior which might spread the disease to others;

2.   The availability in the geographic area of any appropriate
health care services, including mental health care, and
appropriate social and support services;

3.   The benefits of locating and counseling any individual by
whom the infected individual may have been exposed to human
immunodeficiency virus and any individual whom the infected
individual may have exposed to the virus; and

4.   The availability, if any, of the services of public health
authorities with respect to locating and counseling any
individual described in subparagraph 3.

(d)  A medical test for exposure to the HIV infection or for a
sickness or medical condition derived from such infection shall
only be required of or given to a person if the test is required
or given to all subscribers or applicants or if the decision to
require the test is based on the person's medical history. Sexual
orientation shall not be used in the underwriting process or in
the determination of which subscribers or applicants for
enrollment shall be tested for exposure to the HIV infection.
Neither the marital status, the living arrangements, the occupa
tion, the gender, the beneficiary designation, nor the zip code
or other territorial classification of an applicant shall be used
to establish the applicant's sexual orientation.

(e)  A health maintenance organization may inquire whether a
person has been tested positive for exposure to the HIV infection
or been diagnosed as having AIDS or ARC caused by the HIV
infection or other sickness or medical condition derived from
such infection. A health maintenance organization shall not
inquire whether a person has been tested for or has received a
negative result from a specific test for exposure to the HIV
infection or for a sickness or medical condition derived from
such infection.

(f)  A health maintenance organization shall maintain strict
confidentiality regarding medical test results with respect to
the HIV infection or a specific sickness or medical condition
derived from such infection. Information regarding specific test
results shall not be disclosed outside the health maintenance
organization, its employees, its marketing representatives, or
its insurance affiliates, except to the person tested and to
persons designated in writing by the person tested. Specific test
results shall not be furnished to an insurance industry or health
maintenance organization data bank if a review of the information
would identify the individual and the specific test results.

(g)  No laboratory may be used by an insurer or insurance support
organization for the processing of HIV-related tests unless it is
certified by the United States Department of Health and Human
Services under the Clinical Laboratories Improvement Act of 1967,
permitting testing of specimens obtained in interstate commerce,
and subjects itself to ongoing proficiency testing by the College
of American Pathologists, the American Association of Rio
Analysts, or an equivalent program approved by the Centers for
Disease Control of the United States Department of Health and
Human Services.

(5)  RESTRICTIONS ON CONTRACT EXCLUSIONS AND LIMITATIONS.-

(a)  A health maintenance organization contract shall not exclude
coverage of a member of a subscriber group because of a positive
test result for exposure to the HIV infection or a specific
sickness or medical condition derived from such infection, either
as a condition for or subsequent to the issuance of the contract,
provided that this prohibition shall not apply to persons
applying for enrollment where individual underwriting is
otherwise allowed by law.

(b)  No health maintenance organization contract shall exclude or
limit coverage for exposure to the HIV infection or a specific
sickness or medical condition derived from such infection, except
as provided in a preexisting condition clause.



689.25    Failure to disclose diagnosis of HIV or AIDS infection
in an occupant of real property.

(1)  The fact that an occupant of real property is infected or
has been infected with human immunodeficiency virus or diagnosed
with acquired immune deficiency syndrome is not a material fact
that must be disclosed in a real estate transaction.

(2)  No cause of action arises against an owner of real property
or his or her agent, or against any agent of a transferee of real
property, for the failure to disclose to the transferee that an
occupant of that property was infected with human
immunodeficiency virus or diagnosed with acquired immune
deficiency syndrome.



760.50    Discrimination on the basis of acquired immune
deficiency syndrome, acquired immune deficiency syndrome related
complex, and human immunodeficiency virus prohibited.-

(1)  The Legislature finds and declares that persons infected or
believed to be infected with human immunodeficiency virus have
suffered and will continue to suffer irrational and
scientifically unfounded discrimination. The Legislature further
finds and declares that society itself is harmed by this
discrimination, as otherwise able-bodied persons are deprived of
the means of supporting themselves, providing for their own
health care, housing themselves, and participating in the
opportunities otherwise available to them in society. The Legisla
ture further finds and declares that remedies are needed to
correct these problems.

(2)  Any person with or perceived as having acquired immune
deficiency syndrome, acquired immune deficiency syndrome related
complex, or human immunodeficiency virus shall have every
protection made available to handicapped persons.

(3)(a)  No person may require an individual to take a human
immunodeficiency virus-related test as a condition of hiring,
promotion, or continued employment unless the absence of human
immunodeficiency virus infection is a bona fide occupational
qualification for the job in question.

(b)  No person may fail or refuse to hire or discharge any
individual, segregate or classify any individual in any way which
would deprive or tend to deprive that individual of employment
opportunities or adversely affect his status as an employee, or
otherwise discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment on
the basis of knowledge or belief that the individual has taken a
human immunodeficiency virus test or the results or perceived
results of such test unless the absence of human immunodeficiency
virus infection is a bona fide occupational qualification of the
job in question.

(c)  A person who asserts that a bona tide occupational
qualification exists for human immunodeficiency virus-related
testing shall have the burden of proving that:

1.   The human immunodeficiency virus-related test is necessary
to ascertain whether an employee is currently able to perform in
a reasonable manner the duties of the particular job or whether
an employee will present a significant risk of transmitting human
immunodeficiency virus infection to other persons in the course
of normal work activities; and

2.   There exists no means of reasonable accommodation short of
requiring that the individual be free of human immunodeficiency
virus infection.

(4)(a)  A person may not discriminate against an otherwise
qualified individual in housing, public accommodations, or
governmental services on the basis of the fact that such
individual is, or is regarded as being, infected with human
immunodeficiency virus.

(b)  A person or other entity receiving or benefiting from state
financial assistance may not discriminate against an otherwise
qualified individual on the basis of the fact that such
individual is, or is regarded as being, infected with human
immunodeficiency virus.

(c)  A person who asserts that an individual who is infected with
human immunodeficiency virus is not otherwise qualified shall
have the burden of proving that no reasonable accommodation can
be made to prevent the likelihood that the individual will, under
the circumstances involved, expose other individuals to a signifi
cant possibility of being infected with human immunodeficiency
virus.

(d)  A person may not fail or refuse to hire or discharge any
individual, segregate or classify any individual in any way which
would deprive or tend to deprive that individual of employment
opportunities or adversely affect his or her status as an
employee, or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or privileges of
employment on the basis of the fact that the individual is a
licensed health care professional or health care worker who
treats or provides patient care to persons infected with human
immunodeficiency virus.

(5)  Every employer who provides or administers health insurance
benefits or life insurance benefits to its employees shall
develop and implement procedures to maintain the confidentiality
of all records and information in its possession relating to the
medical condition or status of any person covered by the health
insurance benefits or life insurance benefits which it provides
or administers. An employer shall be liable in damages to any
person damaged by its failure to implement such a procedure.

(6)(a)  Any person aggrieved by a violation of this section shall
have a right of action in the circuit court and may recover for
each violation:

1.   Against any person who violates a provision of this section,
liquidated damages of $1 ,000 or actual damages, whichever is
greater.

2.   Against any person who intentionally or recklessly violates
a provision of this section, liquidated damages of $5,000 or
actual damages, whichever is greater.

3.   Reasonable attorney's fees.

4.   Such other relief, including an injunction, as the court may
deem appropriate.

(b)  Nothing in this section limits the right of the person
aggrieved by a violation of this section to recover damages or
other relief under any other applicable law.



775.0877  Criminal transmission of HIV; procedures; penalties.

(1)  In any case in which a person has been convicted of or has
pled nolo contendere or guilty to, regardless of whether
adjudication is withheld, any of the following offenses, or the
attempt thereof, which offense or attempted offense involves the
transmission of body fluids from one person to another:

(a)  Section 794.011, relating to sexual battery,

(b)  Section 826.04, relating to incest,

(c)  Section 800.04(1), (2), and (3), relating to lewd,
lascivious, or indecent assault or act upon any person less than
16 years of age,

(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating
to assault,

(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating
to aggravated assault,

(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to
battery,

(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(d), relating
to aggravated battery,

(h)  Section 827.03, relating to aggravated child abuse,

(i)  Section 827.04, relating to child abuse,

(j)  Section 827.071, relating to sexual performance by person
less than 18 years of age,

(k)  Sections 796.03, 796.07, and 796.08, relating to
prostitution,

(l)  Section 381.0041(11)(b), relating to donation of blood,
plasma, organs, skin, or other human tissue, the court shall
order the offender to undergo HIV testing, to be performed under
the direction of the Department of Health and Rehabilitative
Services in accordance with s. 381.004, unless the offender has
undergone HIV testing voluntarily or pursuant to procedures
established in s. 381 .004(3)(i)6. or s. 951.27, or any other
applicable law or rule providing for HIV testing of criminal
offenders or inmates, subsequent to his arrest for an offense
enumerated in paragraphs (a)-(l) for which he was convicted or to
which he pled nolo contendere or guilty. The results of an HIV
test performed on an offender pursuant to this subsection are not
admissible in any criminal proceeding arising out of the alleged
offense.

(2)  The results of the HIV test must be disclosed under the
direction of the Department of Health and Rehabilitative
Services, to the offender who has been convicted of or pled nolo
contendere or guilty to an offense specified in subsection (1),
the public health agency of the county in which the conviction
occurred and, if different, the county of residence of the
offender, and, upon request pursuant to the provisions of s.
960.003, to the victim or the victim's legal guardian, or the
parent or legal guardian of the victim if the victim is a minor.
The test results may not be disclosed to any other person except
as expressly authorized by law or court order.

(3)  An offender who has undergone HIV testing pursuant to
subsection (1), and to whom positive test results have been
disclosed pursuant to subsection (2), who commits a second or
subsequent offense enumerated in paragraphs (1)(a)-(I), commits
criminal transmission of HIV, a felony of the third degree,
punishable as provided in subsection (7). A person may be
convicted and sentenced separately for a violation of this subsec
tion and for the underlying crime enumerated in paragraphs (1)(a)-
(I).

(4)  An offender may challenge the positive results of an HIV
test performed pursuant to this section and may introduce results
of a backup test performed at his own expense.

(5)  Nothing in this section requires that an HIV infection have
occurred in order for an offender to have committed criminal
transmission of HIV.

(6)  For an alleged violation of any offense enumerated in
paragraphs (1)(a)-(I) for which the consent of the victim may be
raised as a defense in a criminal prosecution, it is an
affirmative defense to a charge of violating this section that
the person exposed knew that the offender was infected with HIV,
knew that the action being taken could result in transmission of
the HIV infection, and consented to the action voluntarily with
that knowledge.

(7)  In addition to any other penalty provided by law for an
offense enumerated in paragraphs (1)(a)-(I), the court may
require an offender convicted of criminal transmission of HIV to
serve a term of criminal quarantine community control, as
described in s. 948.001.



796.08  Screening for sexually transmissible diseases; providing
penalties.

(1)(a)  For the purposes of this section, "sexually transmissible
disease" means a bacterial, viral, fungal, or parasitic disease,
determined by rule of the Department of Health and Rehabilitative
Services to be sexually transmissible, a threat to the public
health and welfare, and a disease for which a legitimate public
interest is served by providing for regulation and treatment.

(b)  In considering which diseases are designated as   sexually
transmissible diseases, the Department of Health and
Rehabilitative Services shall consider such diseases as
chancroid, gonorrhea, granuloma inguinale, lymphogranuloma
venereum, genital herpes simplex, chlamydia, nongonococcal
urethritis (NGU), pelvic inflammatory disease (PID)/acute
salpingitis, syphilis, and human immunodeficiency virus infection
for designation and shall consider the recommendations and
classifications of the Centers for Disease Control and other
nationally recognized authorities. Not all diseases that are
sexually transmissible need be designated for purposes of this
section.

  (2)     A person arrested under s. 796.07 may request screening
for a sexually transmissible disease under direction of the
Department of Health and Rehabilitative Services and, if
infected, shall submit to appropriate treatment and counseling. A
person who requests screening for a sexually transmissible
disease under this subsection must pay any costs associated with
such screening.

  (3)     A person convicted under s. 796.07 of prostitution or
procuring another to commit prostitution must undergo screening
for a sexually transmissible disease, including, but not limited
to, screening to detect exposure to the human immunodeficiency
virus, under direction of the Department of Health and
Rehabilitative Services. If the person is infected, he or she
must submit to treatment and counseling prior to release from
probation,  community control, or incarceration. Notwithstanding
the provisions of s. 384.29, the results of tests conducted
pursuant to this subsection shall be made available by the
Department of Health and Rehabilitative Services to the offender,
medical personnel, appropriate state agencies, state attorneys,
and courts of appropriate jurisdiction in need of such
information in order to enforce the provisions of this chapter.

(4)  A person who commits prostitution or procures another for
prostitution and who, prior to the commission of such crime, had
tested positive for a sexually transmissible disease other than
human immunodeficiency virus infection and knew or had been
informed that he or she had tested positive for such sexually
transmissible disease and could possibly communicate such disease
to another person through sexual activity commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s.
775.083. A person may be convicted and sentenced separately for a
violation of this subsection and for the underlying crime of
prostitution or procurement of prostitution.

(5)  A person who commits prostitution or procures another for
prostitution by engaging in sexual activity in a manner likely to
transmit the human immunodeficiency virus and who, prior to the
commission of such crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he or
she had tested positive for human immunodeficiency virus and
could possibly communicate such disease to another person through
sexual activity commits criminal transmission of HIV, a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, s. 775.084, or s. 775.0877(7). A person may be convicted
and sentenced separately for a violation of this subsection and
for the underlying crime of prostitution or procurement of prosti
tution.

(6)(a)  The Department of Health and Rehabilitative Services or
its authorized representatives may examine or cause to be
examined any person or inmate who injures an officer as defined
in s.943.10(14), a firefighter, or a paramedic or emergency
medical technician acting within the scope of employment.
Evidence of injury and a statement by a licensed physician that
the nature of the injury is such as to result in the transmission
of a sexually transmissible disease constitutes probable cause
for issuance of a warrant by a court of competent jurisdiction.

(b)  The results of any test authorized by this subsection are
exempt from the requirements of s. 384.29 solely for the purpose
of releasing the results to the injured employee after a licensed
physician documents in the medical records of the injured
employee that the information is medically necessary to determine
the course of treatment for the injured employee.

(c)  A person who receives the results of an HIV test pursuant to
this subsection shall maintain the confidentiality of the person
who injured the officer, firefighter, paramedic, or emergency
medical technician. Anyone who violates this provision commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. The identities of the person who is the
source of the injury and the injured officer, firefighter, parame
dic, or emergency medical technician are confidential and exempt
from the provisions of s. 119.07(1). This exemption is subject to
the Open Government Sunset Review Act in accordance with s.
119.14.



921.187  Disposition and sentencing; alternatives; restitution.-

(1)  The alternatives provided in this section for the
disposition of criminal cases shall be used in a manner which
will best serve the needs of society, which will punish criminal
offenders, and which will provide the opportunity for
rehabilitation. A court may:

(a)  If state incarceration is the best alternative:

1.   Impose a split sentence whereby the offender is to be placed
on probation upon completion of any specified period of such
sentence, which period may include a term of years or less.

2.   Sentence an offender to imprisonment in a state correctional
institution.

3.   Make any other disposition that is authorized by law.

(b)  If the offender is sentenced for a felony with respect to
which the presumptive sentence pursuant to the sentencing
guidelines allows incarceration in the state prison system for up
to 22 months:

1.   Place the offender on probation with or without an
adjudication of guilt pursuant to s. 948.01.

2.   Impose a fine and probation pursuant to s. 948.011 when the
offense is punishable by both a fine and imprisonment and
probation is authorized.

3.   Place the offender into community control requiring
intensive supervision and surveillance pursuant to chapter 948.

4.   Impose, as a condition of probation or community control, a
period of treatment which shall be restricted to a county
facility, a Department of Corrections probation and restitution
center, a probation program drug punishment treatment community,
or a community residential or nonresidential facility, excluding
a community correctional center as defined in s. 944.026, which
is owned and operated by any qualified public or private entity
providing such services. Before admission to such a facility, the
court shall obtain an individual assessment and recommendations
on the appropriate treatment needs pursuant to chapter 953 or to
the Community Control Implementation Manual, which assessment and
recommendations shall be considered by the court in ordering such
placements. Placement in such a facility, except for a county
residential probation facility, may not exceed 364 days; however,
with respect to a probation program drug punishment treatment
community, such 364-day restriction shall apply only to the phase
I secure residential institutional facilities. Placement in a
county residential probation facility may not exceed 3 years.
Early termination of placement shall be recommended to the court,
when appropriate, by the center supervisor, the supervising
probation officer, or the probation program manager.

5.   Sentence the offender pursuant to s. 922.051 to imprisonment
in a county jail when a statute directs imprisonment in a state
prison, if the offender's cumulative sentence, whether from the
same circuit or from separate circuits, is not more than 364
days.

6.   Sentence the offender who is to be punished by imprisonment
in a county jail to a jail in another county if there is no jail
within the county suitable for such prisoner pursuant to s.
950.01.

7.   Require the offender to participate in a work-release or
educational or vocational training program pursuant to s. 951.24
while serving a sentence in a county jail, if such a program is
available.

8.   Require the offender to perform a specified public service
pursuant to s. 775.091.

9.   Require the offender who violates chapter 893 or violates
any law while under the influence of a controlled substance or
alcohol to participate in a substance abuse program.

10.a.  Require the offender who violates any criminal provision
of chapter 893 to pay an additional assessment in an amount up to
the amount of any fine imposed, pursuant to ss. 893.13(4)(a) and
893.16.

b.   Require the offender who violates any provision of s. 893.13
to pay an additional assessment in an amount of $100, pursuant to
ss. 893.13(4)(b) and 943.361.

11.  Impose a split sentence whereby the offender is to be placed
in a county jail or county work camp upon the completion of any
specified term of community supervision.

12.  Impose split probation whereby upon satisfactory completion
of half the term of probation, the Department of Corrections may
place the offender on administrative probation pursuant to s.
948.01 for the remainder of the term of supervision.

13.  Require residence in a state probation and restitution
center or private drug treatment program for offenders on
community control or who have violated conditions of probation.

14.  Impose any other sanction which is provided within the
community and approved as an intermediate sanction by that
community's county correctional planning committee as described
in s. 951.26.

15.  Impose, as a condition of community control, probation, or
probation following incarceration, a requirement that an offender
who has not obtained a high school diploma or high school
equivalency diploma or who lacks basic or functional literacy
skills, upon acceptance by an adult education program, make a
good faith effort toward completion of such basic or functional
literacy skills or high school equivalency diploma, as defined in
s. 229.814, in accordance with the assessed adult general
education needs of the individual offender.

(c)1.  Notwithstanding any provision of s. 921.001 or s. 775.084
to the contrary, on or after October 1,1993, require any
defendant who violates s. 893.13(1)(a)1., (1 )(d)1., (1 )(e)2.,
or (1 )(i)2., and meets the criteria described in s. 893.13(6),
to successfully complete a term of probation pursuant to the
terms and conditions set forth in s. 948.034(1), in lieu of
serving a term of imprisonment.

2.   Notwithstanding any provision of s. 921.001 or s. 775.084 to
the contrary, on or after October 1,1993, require any defendant
who violates s. 893.13(1)(a),(1)(d), or (1)(f), and meets the
criteria described in s. 893.13(7), to successfully complete a
term of probation pursuant to the terms and conditions set forth
in s. 948.034(2), in lieu of serving a term of imprisonment.

(2)  In addition to any other penalty provided by law for an
offense enumerated in s. 775.0877(1)(a)-(l), if the offender is
convicted of criminal transmission of HIV pursuant to s.
775.0877, the court may sentence the offender to criminal
quarantine community control as described in s. 948.001.

(3)  The court shall require an offender to make restitution
pursuant to s. 775.089, unless the court finds clear and
compelling reasons not to order such restitution as provided in
that section. If the court does not order restitution, or orders
restitution of only a portion of the damages, as provided in s.
775.089, the court shall state on the record in detail the
reasons therefor. An order requiring an offender to make
restitution to a victim pursuant to s. 775.089 does not remove or
diminish the requirement that the court order payment to the
Crimes Compensation Trust Fund pursuant to chapter 960.



948.01    When court may place defendant on probation or into
community control.-

*****

(14) The court may place a defendant who is being sentenced for
criminal transmission of HIV in violation of s. 775.0877 on
criminal quarantine community control. The Department of
Corrections shall develop and administer a criminal quarantine
community control program emphasizing intensive supervision with
24-hour-per-day electronic monitoring. Criminal quarantine com
munity control status must include surveillance and may include
other measures normally associated with community control, except
that specific conditions necessary to monitor this population may
be ordered.



951.27  Blood tests of inmates.-

(1)  Each county and each municipal detention facility shall have
a written procedure developed, in consultation with the facility
medical provider, establishing conditions under which an inmate
will be tested for infectious disease, including human
immunodeficiency virus pursuant to s. 775.0877, which procedure
is consistent with guidelines of the Centers for Disease Control
and recommendations of the Correctional Medical Authority. It is
not unlawful for the person receiving the test results to divulge
the test results to the sheriff or chief correctional officer.
However, such information is exempt from the provisions of ss.
119.01 and 119.07.

(2)  Serologic blood test results obtained pursuant to subsection
(1) are confidential except they may be shared with employees or
officers of the sheriff or chief correctional officer who are
responsible for the custody and care of the affected inmate and
have a need to know such information, and as provided in ss.
775.0877 and 960.003. In addition, upon request of the victim or
the victim's legal guardian, or the parent or legal guardian of
the victim if the victim is a minor, the results of any HIV test
performed on an inmate who has been arrested for any sexual
offense involving oral, anal, or vaginal penetration by, or union
with, the sexual organ of another, shall be disclosed to the
victim or the victim's legal guardian, or to the parent or legal
guardian of the victim if the victim is a minor. In such cases,
the county or municipal detention facility shall furnish the test
results to the Department of Health and Rehabilitative Services,
which is responsible for disclosing the results to public health
agencies as provided in s. 775.0877 and to the victim or the
victim's legal guardian, or the parent or legal guardian of the
victim if the victim is a minor, as provided in s. 960.003(3). No
person to whom the results of a test have been disclosed under
this section may disclose the test results to another person not
authorized under this section.

(3)  The results of any serologic blood test on an inmate are a
part of that inmate's permanent medical file. Upon transfer of
the inmate to any other correctional facility, such file is also
transferred, and all relevant authorized persons must be notified
of positive HIV test results, as required in s. 775.0877.



960.003  Human immunodeficiency virus testing for persons charged
with or alleged by petition for delinquency to have committed
certain offenses; disclosure of results to victims.-

(1)  LEGISLATIVE INTENT.-The Legislature finds that a victim of a
criminal offense which involves the transmission of body fluids
is entitled to know at the earliest possible opportunity whether
the person charged with or alleged by petition for delinquency to
have committed the offense has tested positive for human immu
nodeficiency virus (HIV) infection. The Legislature finds that to
deny victims access to HIV test results causes unnecessary mental
anguish in persons who have already suffered trauma. The
Legislature further finds that since medical science now
recognizes that early diagnosis is a critical factor in the
treatment of HIV infection, both the victim and the person
charged with or alleged by petition for delinquency to have
committed the offense benefit from prompt disclosure of test
results. The Legislature finds that HIV test results can be
disclosed to the victim of a criminal offense which involves the
transmission of body fluids while confidentiality is protected in
other respects.

(2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION FOR
DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.  In any case in
which a person has been charged by information or indictment with
or alleged by petition for delinquency to have committed any
offense enumerated in s. 775.0877(1)(a)-(l), which involves the
transmission of body fluids from one person to another, upon
request of the victim or the victim's legal guardian, or of the
parent or legal guardian of the victim if the victim is a minor,
the court shall order such person to undergo HIV testing. The
testing shall be performed under the direction of the Department
of Health and Rehabilitative Services in accordance with s.
381.004. The results of an HIV test performed on a defendant or
juvenile offender pursuant to this subsection shall not be
admissible in any criminal or juvenile proceeding arising out of
the alleged offense.

(3)  DISCLOSURE OF RESULTS.-

(a)  The results of the test shall be disclosed, under the
direction of the Department of Health and Rehabilitative
Services, to the person charged with or alleged by petition for
delinquency to have committed the offense, and, upon request, to
the victim or the victim's legal guardian, or the parent or legal
guardian of the victim if the victim is a minor, and to public
health agencies pursuant to s. 775.0877. If the alleged offender
is a juvenile, the test results shall also be disclosed to the
parent or guardian. The test results shall not be disclosed to
any other person except as expressly authorized by law or court
order.

(b)  At the time that the results are disclosed to the victim or
the victim's legal guardian, or to the parent or legal guardian
of a victim if the victim is a minor, the same immediate
opportunity for face-to-face counseling which must be made
available under s. 381 .004(3)(e) to those who undergo HIV
testing shall also be afforded to the victim or the victim's
legal guardian, or to the parent or legal guardian of the victim
if the victim is a minor. The Department of Health and
Rehabilitative Services is responsible for ensuring that test
results are disclosed in accordance with the terms of this
subsection.

(4)  POSTCONVICTION TESTING.- If, for any reason, the testing
requested under subsection (2) has not been undertaken, then upon
request of the victim or the victim's legal guardian, or the
parent or legal guardian of the victim if the victim is a minor,
the court shall order the offender to undergo HIV testing
following conviction or delinquency adjudication. The testing
shall be performed under the direction of the Department of
Health and Rehabilitative Services, and the results shall be dis
closed in accordance with the provisions of subsection (3). The
test results shall not be disclosed to any other person except as
expressly authorized by law or court order.

(5)  EXCEPTIONS.-The provisions of subsections

(2)  and (4) do not apply if:

(a)  The person charged with or convicted of or alleged by
petition for delinquency to have committed or been adjudicated
delinquent for an offense described in subsection (2) has
undergone HIV testing voluntarily or pursuant  to  procedures
established  in  s. 381 .004(3)(i)6. or s. 951.27, or any other
applicable law or rule providing for HIV testing of criminal
defendants, inmates, or juvenile offenders, subsequent to his
arrest, conviction, or delinquency adjudication for the offense
for which he was charged or alleged by petition for delinquency
to have committed; and

(b)  The results of such HIV testing have been furnished to the
victim or the victim's legal guardian, or the parent or legal
guardian of the victim if the victim is a minor.

(6)  TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
DISCLOSURE.-In any case in which a person convicted of or
adjudicated delinquent for an offense described in subsection (2)
has not been tested under subsection (2), but undergoes HIV
testing during his incarceration, detention, or placement, the
results of the initial HIV testing shall be disclosed to the
victim or the victim's legal guardian, or to the parent or legal
guardian of the victim if the victim is a minor, upon request.
Except as otherwise requested by the victim or the victim's legal
guardian, or the parent or guardian of the victim if the victim
is a minor, if the initial test is conducted within the first
year of the imprisonment, detention, or placement, the request
for disclosure shall be considered a standing request for any
subsequent HIV test results obtained within 1 year after the
initial HIV test performed, and need not be repeated for each
test administration. Where the inmate or juvenile offender has
previously been tested pursuant to subsection (2) the request for
disclosure under this subsection shall be considered a standing
request for subsequent HIV results conducted within 1 year of the
test performed pursuant to subsection (2). If the HIV testing is
performed by an agency other than the Department of Health and
Rehabilitative Services, that agency shall be responsible for
forwarding the test results to the Department of Health and
Rehabilitative Services for disclosure to the victim or the
victim's legal guardian, or the parent or legal guardian of the
victim if the victim is a minor, in accordance with subsection
(3). This subsection shall not be limited to results of HIV tests
administered subsequent to June 27, 1990, but shall also apply to
the results of all HIV tests performed on inmates convicted of or
juvenile offenders adjudicated delinquent for sex offenses as
described in subsection (2) during their incarceration,
detention, or placement prior to June 27, 1990. The test results
shall not be disclosed to any other person except as expressly
authorized by law or court order.