Bill Text: FL S0734 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cancer Control and Research
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 511 (Ch. 2014-118) [S0734 Detail]
Download: Florida-2014-S0734-Introduced.html
Bill Title: Cancer Control and Research
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 511 (Ch. 2014-118) [S0734 Detail]
Download: Florida-2014-S0734-Introduced.html
Florida Senate - 2014 SB 734 By Senator Sobel 33-00984-14 2014734__ 1 A bill to be entitled 2 An act relating to cancer control and research; 3 amending s. 1004.435, F.S.; revising definitions; 4 revising the membership of the Florida Cancer Control 5 and Research Advisory Council; requiring that the 6 council chairperson be selected by the council; 7 authorizing renewal of member terms; revising the 8 compensation of council members; requiring a statewide 9 research plan; deleting the duties of the council, 10 Board of Governors, and State Surgeon General relating 11 to the awarding of grants and contracts for cancer 12 related programs; deleting council duties relating to 13 the development of written summaries of treatment 14 alternatives; deleting financial aid provisions and 15 the Florida Cancer Control and Research Fund; amending 16 ss. 458.324, and 459.0125, F.S.; conforming provisions 17 to changes made by the act; making technical changes; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraphs (d) and (e) of subsection (3) and 23 subsections (4) through (6) of section 1004.435, Florida 24 Statutes, are amended to read: 25 1004.435 Cancer control and research.— 26 (3) DEFINITIONS.—The following words and phrases when used 27 in this section have, unless the context clearly indicates 28 otherwise, the meanings given to them in this subsection: 29(d) “Fund” means the Florida Cancer Control and Research30Fund established by this section.31(e) “Qualified nonprofit association” means any32association, incorporated or unincorporated, that has received33tax-exempt status from the Internal Revenue Service.34 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 35 CREATION; COMPOSITION.— 36 (a) There is created within the H. Lee Moffitt Cancer 37 Center and Research Institute, Inc., the Florida Cancer Control 38 and Research Advisory Council. The council shall consist of 15 3935members, which includes the chairperson, all of whom must be 40 residents of this state. The State Surgeon General or his or her 41 designee within the Department of Health shall be one of the 15 42 members.AllMembers, except those appointed by the Governor, 43 the Speaker of the House of Representatives, orandthe 44 President of the Senate, must be appointed by the chief 45 executive officer of the institution or organization 46 represented, or his or her designeeGovernor.At least one of47the members appointed by the Governor must be 60 years of age or48older.One member must be a representative of the American 49 Cancer Society;one member must be a representative of the50Florida Tumor Registrars Association;one member must be a 51 representative of the Sylvester Comprehensive Cancer Center of 52 the University of Miami;one member must be a representative of53the Department of Health;one member must be a representative of 54 the University of Florida Shands Cancer Center;one member must55be a representative of the Agency for Health Care56Administration;one member must be a representative of the 57 Florida Nurses Association who specializes in the field of 58 oncology; one member must be a representative of the Florida 59 Osteopathic Medical Association who specializes in the field of 60 oncology;one member must be a representative of the American61College of Surgeons; one member must be a representative of the62School of Medicine of the University of Miami; one member must63be a representative of the College of Medicine of the University64of Florida; one member must be a representative of NOVA65Southeastern College of Osteopathic Medicine; one member must be66a representative of the College of Medicine of the University of67South Florida; one member must be a representative of the68College of Public Health of the University of South Florida; one69member must be a representative of the Florida Society of70Clinical Oncology; one member must be a representative of the71Florida Obstetric and Gynecologic Society who has had training72in the specialty of gynecologic oncology; one member must be a73representative of the Florida Ovarian Cancer Alliance Speaks74(FOCAS) organization;one member must be a representative of the 75 Florida Medical Association who specializes in the field of 76 oncology;one member must be a member of the Florida Pediatric77Society; one member must be a representative of the Florida78Radiological Society; one member must be a representative of the79Florida Society of Pathologists;one member must be a 80 representative of the H. Lee Moffitt Cancer Center and Research 81 Institute, Inc.; one member must be a representative of the 82 Florida Hospital Association who specializes in the field of 83 oncology; one member must be a representative of the Association 84 of Community Cancer Centers; one member, who shall be appointed 85 by the Governor, must specialize in pediatric oncology research 86 or clinical care; one member, who shall be appointed by the 87 President of the Senate, must specialize in oncology clinical 88 care or research; one member, who shall be appointed by the 89 Speaker of the House of Representatives, must be a current or 90 former cancer patient or a current or former caregiver to a 91 cancer patientthree members must be representatives of the92general public acting as consumer advocates; one member must be 93 a member of the House of Representatives appointed by the 94 Speaker of the House of Representatives; and one member must be 95 a member of the Senate appointed by the President of the Senate;96one member must be a representative of the Florida Dental97Association; one member must be a representative of the Florida98Hospital Association; one member must be a representative of the99Association of Community Cancer Centers; one member shall be a100representative from a statutory teaching hospital affiliated101with a community-based cancer center; one member must be a102representative of the Florida Association of Pediatric Tumor103Programs, Inc.; one member must be a representative of the104Cancer Information Service; one member must be a representative105of the Florida Agricultural and Mechanical University Institute106of Public Health; and one member must be a representative of the107Florida Society of Oncology Social Workers.Of the members of108the council appointed by the Governor,At least four members10109 must be individuals who are minority persons as defined underby110 s. 288.703. 111 (b) The terms of the members shall be 4 years from their 112 respective dates of appointment with the option of 113 reappointment. 114 (c) A chairperson shall be selected by the council 115appointed by the Governorfor a term of 2 years. The chairperson 116 shall appoint an executive committee of at leastno fewer than117 three persons to serve at the pleasure of the chairperson. This 118 committee shallwillprepare material for the council but make 119 no final decisions. 120 (d) The council shall meet at leastno less than121 semiannually at the call of the chairperson or, in his or her 122 absence or incapacity, at the call of the State Surgeon General. 123 EightSixteenmembers constitute a quorum for the purpose of 124 exercisingall ofthe powers of the council. A vote of the 125 majority of the members present is sufficient for all actions of 126 the council. 127 (e) The council membersshallserve without pay. Pursuant 128 tothe provisions ofs. 112.061, athecouncil membermembers129 may be entitled to be reimbursed forper diem andtravel 130 expenses by the institution or organization he or she 131 represents. A member who is not affiliated with an institution 132 or organization shall be reimbursed for travel expenses by the 133 H. Lee Moffitt Cancer Center and Research Institute, Inc. 134(f) No member of the council shall participate in any135discussion or decision to recommend grants or contracts to any136qualified nonprofit association or to any agency of this state137or its political subdivisions with which the member is138associated as a member of the governing body or as an employee139or with which the member has entered into a contractual140arrangement.141 (f)(g)The council may prescribe, amend, and repeal bylaws 142 governing the manner in which the business of the council is 143 conducted. 144 (g)(h)The council shall advise the Board of Governors, the 145 State Surgeon General, and the Legislature with respect to 146 cancer control and research in this state. 147 (h)(i)The council shall annually approveeach yeara 148 program for cancer control and research to be known as the 149 “Florida Cancer Plan,” which shall be consistent with the State 150 Health Plan and integrated and coordinated with existing 151 programs in this state. 152 (i)(j)The council shall formulate and recommend to the 153 State Surgeon General a statewide research plan and a plan for 154 the care and treatment of persons suffering from cancer and 155 shall recommend the establishment of standard requirements for 156 the organization, equipment, and conduct of cancer units or 157 departments in hospitals and clinics in this state. The council 158 may recommend to the State Surgeon General the designation of 159 cancer units following a survey of the needs and facilities for 160 treatment of cancer in the various localities throughout the 161 state. The State Surgeon General shall consider the plan in 162 developing departmental priorities and funding priorities and 163 standards under chapter 395. 164 (j)(k)The council shall includeis responsible for165includingin the Florida Cancer Plan recommendations for the 166 coordination and integration of medical, nursing, paramedical, 167 lay, and other plans concerned with cancer control and research. 168 The council shall form committeesshall be formed by the council169 so that the following areas will be established as entities for 170 actions: 171 1. Cancer plan evaluation: tumor registry, data retrieval 172 systems, and epidemiology of cancer in the state and its 173 relation to other areas. 174 2. Cancer prevention. 175 3. Cancer detection. 176 4. Cancer patient management, including:treatment, 177 rehabilitation, terminal care, and other patient-oriented 178 activities. 179 5. Lay and professional cancer education: lay and180professional. 181 6. Unproven methods of cancer therapy, including:quackery 182 and unorthodox therapies. 183 7. Investigator-initiated project research. 184(l) In order to implement in whole or in part the Florida185Cancer Plan, the council shall recommend to the Board of186Governors or the State Surgeon General the awarding of grants187and contracts to qualified profit or nonprofit associations or188governmental agencies in order to plan, establish, or conduct189programs in cancer control or prevention, cancer education and190training, and cancer research.191(m) If funds are specifically appropriated by the192Legislature, the council shall develop or purchase standardized193written summaries, written in layperson’s terms and in language194easily understood by the average adult patient, informing actual195and high-risk breast cancer patients, prostate cancer patients,196and men who are considering prostate cancer screening of the197medically viable treatment alternatives available to them in the198effective management of breast cancer and prostate cancer;199describing such treatment alternatives; and explaining the200relative advantages, disadvantages, and risks associated201therewith. The breast cancer summary, upon its completion, shall202be printed in the form of a pamphlet or booklet and made203continuously available to physicians and surgeons in this state204for their use in accordance with s. 458.324 and to osteopathic205physicians in this state for their use in accordance with s.206459.0125. The council shall periodically update both summaries207to reflect current standards of medical practice in the208treatment of breast cancer and prostate cancer. The council209shall develop and implement educational programs, including210distribution of the summaries developed or purchased under this211paragraph, to inform citizen groups, associations, and voluntary212organizations about early detection and treatment of breast213cancer and prostate cancer.214 (k)(n)The council shallhavethe responsibility toadvise 215 the Board of Governors and the State Surgeon General on methods 216 of enforcing and implementing laws already enacted and concerned 217 with cancer control, research, and education. 218 (l)(o)The council may recommend to the Board of Governors 219 or the State Surgeon General rules not inconsistent with law as 220 it may deem necessary for the performance of its duties and the 221 proper administration of this section. 222 (m)(p)The council shall formulate and put into effect a 223 continuing educational program for the prevention of cancer and 224 its early diagnosis and disseminate to hospitals, cancer 225 patients, and the public information concerning the proper 226 treatment of cancer. 227 (n)(q)The council shall be physically located at the H. 228 Lee Moffitt Cancer Center and Research Institute, Inc., at the 229 University of South Florida. 230 (o)(r)The council shall select, by majority vote, seven 231 members of the council who,must combinewith six members of the 232 Biomedical Research Advisory Council, shalltoform a joint 233 committee to develop performance measures, a rating system, a 234 rating standard, and an application form for the Cancer Center 235 of Excellence Award created in s. 381.925. 236 (p)(s)On February 15 of each year,The council shall 237 report to the Governor andtothe Legislature on February 15 of 238 each year. 239 (5) RESPONSIBILITIES OFTHE BOARD OF GOVERNORS,THE H. LEE 240 MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE241STATE SURGEON GENERAL.— 242(a) The Board of Governors or the State Surgeon General,243after consultation with the council, shall award grants and244contracts to qualified nonprofit associations and governmental245agencies in order to plan, establish, or conduct programs in246cancer control and prevention, cancer education and training,247and cancer research.248(b)The H. Lee Moffitt Cancer Center and Research 249 Institute, Inc., shall provide such staff, information, and 250 other assistance as reasonably necessary for the completion of 251 the responsibilities of the council. 252(c) The department may furnish to citizens of this state253who are afflicted with cancer financial aid to the extent of the254appropriation provided for that purpose in a manner which in its255opinion will afford the greatest benefit to those afflicted and256may make arrangements with hospitals, laboratories, or clinics257to afford proper care and treatment for cancer patients in this258state.259(6) FLORIDA CANCER CONTROL AND RESEARCH FUND.—260(a) There is created the Florida Cancer Control and261Research Fund consisting of funds appropriated therefor from the262General Revenue Fund and any gifts, grants, or funds received263from other sources.264(b) The fund shall be used exclusively for grants and265contracts to qualified nonprofit associations or governmental266agencies for the purpose of cancer control and prevention,267cancer education and training, cancer research, and all expenses268incurred in connection with the administration of this section269and the programs funded through the grants and contracts270authorized by the State Board of Education or the State Surgeon271General.272 Section 2. Subsections (1) and (2) of section 458.324, 273 Florida Statutes, are amended to read: 274 458.324 Breast cancer; information on treatment 275 alternatives.— 276 (1) DEFINITION.—As used in this section, the term 277 “medically viable,” as applied to treatment alternatives, means 278 modes of treatment generally considered by the medical 279 profession to be within the scope of current, acceptable 280 standards, including treatment alternatives described in the281written summary prepared by the Florida Cancer Control and282Research Advisory Council in accordance with s. 1004.435(4)(m). 283 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.— 284 (a) Each physician treating a patient who is, or in the 285 judgment of the physician is at high risk of being, diagnosed as 286 having breast cancer shall inform such patient of the medically 287 viable treatment alternatives available to such patient; shall 288 describe such treatment alternatives; and shall explain the 289 relative advantages, disadvantages, and risks associated with 290 the treatment alternatives to the extent deemed necessary to 291 allow the patient to make a prudent decision regarding such 292 treatment options. In compliance with this subsection,:293(a)the physician may, in his or her discretion:2941.orally communicate such information directly to the 295 patient or the patient’s legal representative;2962. Provide the patient or the patient’s legal297representative with a copy of the written summary prepared in298accordance with s. 1004.435(4)(m) and express a willingness to299discuss the summary with the patient or the patient’s legal300representative; or3013. Both communicate such information directly and provide a302copy of the written summary to the patient or the patient’s303legal representative for further consideration and possible304later discussion. 305 (b) In providing such information, the physician shall 306 considertake into considerationthe emotional and physical 307 state of the patient, the physical state of the patient,and the 308 patient’s ability to understand the information. 309 (c) The physician may,in his or her discretion andwithout 310 restriction, recommend any mode of treatment which is in his or 311 her judgment the best treatment for the patient. 312 313Nothing inThis subsection does notshallreduce other 314 provisions of law regarding informed consent. 315 Section 3. Subsections (1) and (2) of section 459.0125, 316 Florida Statutes, are amended to read: 317 459.0125 Breast cancer; information on treatment 318 alternatives.— 319 (1) DEFINITION.—As used in this section, the term 320 “medically viable,” as applied to treatment alternatives, means 321 modes of treatment generally considered by the medical 322 profession to be within the scope of current, acceptable 323 standards, including treatment alternatives described in the324written summary prepared by the Florida Cancer Control and325Research Advisory Council in accordance with s. 1004.435(4)(m). 326 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.— 327 (a) It is the obligation of every physician treating a 328 patient who is, or in the judgment of the physician is at high 329 risk of being, diagnosed as having breast cancer to inform such 330 patient of the medically viable treatment alternatives available 331 to such patient; to describe such treatment alternatives; and to 332 explain the relative advantages, disadvantages, and risks 333 associated with the treatment alternatives to the extent deemed 334 necessary to allow the patient to make a prudent decision 335 regarding such treatment options. In compliance with this 336 subsection,:337(a)the physician may,in her or his discretion:3381.orally communicate such information directly to the 339 patient or the patient’s legal representative;3402. Provide the patient or the patient’s legal341representative with a copy of the written summary prepared in342accordance with s. 1004.435(4)(m) and express her or his343willingness to discuss the summary with the patient or the344patient’s legal representative; or3453. Both communicate such information directly and provide a346copy of the written summary to the patient or the patient’s347legal representative for further consideration and possible348later discussion. 349 (b) In providing such information, the physician shall 350 considertake into considerationthe emotional and physical 351 state of the patient, the physical state of the patient,and the 352 patient’s ability to understand the information. 353 (c) The physician may,in her or his discretion andwithout 354 restriction, recommend any mode of treatment which is in the 355 physician’s judgment the best treatment for the patient. 356 357Nothing inThis subsection does notshallreduce other 358 provisions of law regarding informed consent. 359 Section 4. This act shall take effect July 1, 2014.