Bill Text: FL S1350 | 2012 | Regular Session | Comm Sub


Bill Title: Cancer Control

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Budget Subcommittee on Health and Human Services Appropriations [S1350 Detail]

Download: Florida-2012-S1350-Comm_Sub.html
       Florida Senate - 2012                             CS for SB 1350
       
       
       
       By the Committee on Health Regulation; and Senator Sobel
       
       
       
       
       588-03235B-12                                         20121350c1
    1                        A bill to be entitled                      
    2         An act relating to cancer control; amending s.
    3         1004.435, F.S.; revising legislative intent to delete
    4         provisions relating to research activities for cancer
    5         control; changing the name of the cancer control and
    6         research advisory council to the Florida Cancer
    7         Control and Resource Advisory Council; providing for
    8         the appointment and terms of council members and
    9         duties of the council; providing for a nominating
   10         committee to make recommendations for gubernatorial
   11         appointments to the council; providing for council
   12         membership categories; providing for an executive
   13         committee of the council and duties of the committee;
   14         authorizing consultants to the council; providing
   15         duties of the council for the development, review, and
   16         approval of the Florida Cancer Plan; deleting
   17         responsibilities of the council and the Board of
   18         Governors of the State University System relating to
   19         cancer research; authorizing the Department of Health
   20         to adopt rules for implementation of the section;
   21         providing department duties relating to the
   22         development and establishment of the Florida Cancer
   23         Plan; revising the name of the cancer control fund and
   24         deleting the use of funds for cancer research;
   25         amending ss. 458.324 and 459.0125, F.S.; conforming
   26         cross-references; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 1004.435, Florida Statutes, is amended
   31  to read:
   32         1004.435 Cancer control and resource advisory council
   33  research.—
   34         (1) SHORT TITLE.—This section shall be known and may be
   35  cited as the “Florida Cancer Control and Research Act.”
   36         (2) LEGISLATIVE INTENT.—It is the finding of the
   37  Legislature that:
   38         (a) Advances in scientific knowledge have led to the
   39  development of preventive and therapeutic capabilities in the
   40  control of cancer. Such knowledge and therapy must be made
   41  available to all citizens of this state through educational and
   42  therapeutic programs.
   43         (b) The present state of our knowledge concerning the
   44  prevalence, cause or associated factors, and treatment of cancer
   45  have resulted primarily from a vast federal investment into
   46  basic and clinical research, some of which is expended in this
   47  state. These research activities must continue, but programs
   48  must be established to extend this knowledge in preventive
   49  measures and patient treatment throughout the state.
   50         (c) Research in cancer has implicated the environment as a
   51  causal factor for many types of cancer, i.e., sunshine, X rays,
   52  diet, smoking, etc., and programs are needed to further document
   53  such cause and effect relationships. Proven causes of cancer
   54  should be publicized and be the subject of educational programs
   55  for the prevention of cancer.
   56         (b)(d) An effective cancer control program would mobilize
   57  the scientific, educational, and medical resources that
   58  presently exist into an intense attack against cancer this dread
   59  disease.
   60         (3) DEFINITIONS.—The following words and phrases when used
   61  in this section have, unless the context clearly indicates
   62  otherwise, the meanings given to them in this subsection:
   63         (a) “Cancer” means all malignant neoplasms, regardless of
   64  the tissue of origin, including lymphoma and leukemia.
   65         (b) “Council” means the Florida Cancer Control and Resource
   66  Research Advisory Council, which is an advisory body appointed
   67  to function on a continuing basis for the study of cancer and
   68  which recommends solutions and policy alternatives to the Board
   69  of Governors and the State Surgeon General and which is
   70  established by this section.
   71         (c) “Department” means the Department of Health.
   72         (d) “Fund” means the Florida Cancer Control and Research
   73  Fund established by this section.
   74         (e) “Plan” means the Florida Cancer Plan.
   75         (f)(e) “Qualified nonprofit association” means any
   76  association, incorporated or unincorporated, that has received
   77  tax-exempt status from the Internal Revenue Service.
   78         (4) FLORIDA CANCER CONTROL AND RESOURCE RESEARCH ADVISORY
   79  COUNCIL; CREATION; COMPOSITION.—
   80         (a)1. There is created within the H. Lee Moffitt Cancer
   81  Center and Research Institute, Inc., the Florida Cancer Control
   82  and Resource Research Advisory Council. The council shall serve
   83  as a resource and clearinghouse for comprehensive cancer control
   84  in the state and shall facilitate effective communication,
   85  shared resources, and synergism between and among the cancer
   86  stakeholder organizations and groups within the state. The
   87  council shall consist of members representing the various cancer
   88  constituencies in the state. The council shall include three
   89  members representing the general public appointed by the
   90  Governor, one member appointed by the President of the Senate,
   91  one member appointed by the Speaker of the House of
   92  Representatives, one member appointed by the State Surgeon
   93  General, and 32 members representing cancer stakeholders in the
   94  state who are appointed by the Governor. Of the 32 members, at
   95  least 10 members must be individuals who are minority persons as
   96  defined in s. 288.703. Each council member must be a resident of
   97  the state, and all members are voting members of the council.
   98         2. Of the three members representing the general public
   99  appointed by the Governor, one shall serve an initial term of 2
  100  years, one shall serve an initial term of 3 years, and one shall
  101  serve an initial term of 4 years, beginning July 1, 2012;
  102  thereafter, these gubernatorial appointments to the council
  103  shall be for 4-year terms. The remaining members appointed by
  104  the Governor and the members appointed by the President of the
  105  Senate, the Speaker of the House of Representatives, and the
  106  State Surgeon General shall serve 4-year terms. A chair and
  107  vice-chair shall each be elected by the council membership for
  108  2-year terms. The council shall consist of 35 members, which
  109  includes the chairperson, all of whom must be residents of this
  110  state. All members, except those appointed by the Speaker of the
  111  House of Representatives and the President of the Senate, must
  112  be appointed by the Governor. At least one of the members
  113  appointed by the Governor must be 60 years of age or older. One
  114  member must be a representative of the American Cancer Society;
  115  one member must be a representative of the Florida Tumor
  116  Registrars Association; one member must be a representative of
  117  the Sylvester Comprehensive Cancer Center of the University of
  118  Miami; one member must be a representative of the Department of
  119  Health; one member must be a representative of the University of
  120  Florida Shands Cancer Center; one member must be a
  121  representative of the Agency for Health Care Administration; one
  122  member must be a representative of the Florida Nurses
  123  Association; one member must be a representative of the Florida
  124  Osteopathic Medical Association; one member must be a
  125  representative of the American College of Surgeons; one member
  126  must be a representative of the School of Medicine of the
  127  University of Miami; one member must be a representative of the
  128  College of Medicine of the University of Florida; one member
  129  must be a representative of NOVA Southeastern College of
  130  Osteopathic Medicine; one member must be a representative of the
  131  College of Medicine of the University of South Florida; one
  132  member must be a representative of the College of Public Health
  133  of the University of South Florida; one member must be a
  134  representative of the Florida Society of Clinical Oncology; one
  135  member must be a representative of the Florida Obstetric and
  136  Gynecologic Society who has had training in the specialty of
  137  gynecologic oncology; one member must be a representative of the
  138  Florida Ovarian Cancer Alliance Speaks (FOCAS) organization; one
  139  member must be a representative of the Florida Medical
  140  Association; one member must be a member of the Florida
  141  Pediatric Society; one member must be a representative of the
  142  Florida Radiological Society; one member must be a
  143  representative of the Florida Society of Pathologists; one
  144  member must be a representative of the H. Lee Moffitt Cancer
  145  Center and Research Institute, Inc.; three members must be
  146  representatives of the general public acting as consumer
  147  advocates; one member must be a member of the House of
  148  Representatives appointed by the Speaker of the House of
  149  Representatives; one member must be a member of the Senate
  150  appointed by the President of the Senate; one member must be a
  151  representative of the Florida Dental Association; one member
  152  must be a representative of the Florida Hospital Association;
  153  one member must be a representative of the Association of
  154  Community Cancer Centers; one member shall be a representative
  155  from a statutory teaching hospital affiliated with a community
  156  based cancer center; one member must be a representative of the
  157  Florida Association of Pediatric Tumor Programs, Inc.; one
  158  member must be a representative of the Cancer Information
  159  Service; one member must be a representative of the Florida
  160  Agricultural and Mechanical University Institute of Public
  161  Health; and one member must be a representative of the Florida
  162  Society of Oncology Social Workers. Of the members of the
  163  council appointed by the Governor, at least 10 must be
  164  individuals who are minority persons as defined by s. 288.703.
  165         (b) A nominating committee shall review applicants for the
  166  council on an annual basis and make recommendations for
  167  gubernatorial appointments to the council. The nominating
  168  committee shall be comprised of a minimum of seven council
  169  members selected by, and including, the vice chair. The
  170  nominating committee shall constitute a subgroup of the council
  171  membership in that at least one member shall represent each
  172  membership category identified in paragraph (c). The individuals
  173  selected by the nominating committee shall be forwarded for
  174  gubernatorial appointment and are eligible for reappointment one
  175  time.
  176         (c) The 32 members appointed by the Governor who represent
  177  cancer stakeholders in the state shall be recommended by cancer
  178  stakeholder organizations or groups, by council nomination, or
  179  through self-referrals. The membership categories and the
  180  maximum number of members in each category include:
  181         1. Five members from university-based health care delivery
  182  systems with major cancer programs, including the H. Lee Moffitt
  183  Cancer Center and Research Institute, Inc., the University of
  184  Florida Shands Cancer Center, and the University of Miami
  185  Sylvester Comprehensive Cancer Center.
  186         2. Five members from community-based health care delivery
  187  systems or practices with American College of Surgeons
  188  accredited cancer programs.
  189         3. Four members from nonprofit or voluntary organizations,
  190  including a representative from the American Cancer Society.
  191         4. Three members from health and health care disparities
  192  research and outreach cancer programs.
  193         5. Five members from state governmental agencies, including
  194  the Department of Health, the Department of Education, and the
  195  Biomedical Research Advisory Council.
  196         6. Five members from cancer-related professional
  197  organizations, including the Florida Society of Clinical
  198  Oncology, the Florida Society of Oncology Social Workers, the
  199  Florida Society of Pathologists, the Florida Dental Association,
  200  and the Florida Medical Association.
  201         7. Five members each representing one of the state regional
  202  cancer collaboratives.
  203         (d) An executive committee, which shall be responsible for
  204  coordinating the activities and planning the direction of the
  205  council, shall be comprised of the council’s chair and vice
  206  chair, the appointee of the Speaker of the House of
  207  Representatives, the appointee of the President of the Senate,
  208  the appointee of the State Surgeon General, and four members
  209  selected by the chair. The positions on the executive committee
  210  shall be for terms of 2 years corresponding to the chair’s term
  211  in office. Membership on the executive committee shall
  212  constitute a subgroup of the council membership in that at least
  213  one member shall represent each membership category identified
  214  in paragraph (c). Additional members may serve at the discretion
  215  of the chair.
  216         (e) The council may invite additional state cancer
  217  stakeholder organizations or groups or individuals with
  218  expertise, experience, or resources to serve as consultants to
  219  assist the council in accomplishing its mission. Such services
  220  may include consultative participation in council activities,
  221  associated task forces, or projects. Consultants have no voting
  222  rights on the council.
  223         (b) The terms of the members shall be 4 years from their
  224  respective dates of appointment.
  225         (c) A chairperson shall be appointed by the Governor for a
  226  term of 2 years. The chairperson shall appoint an executive
  227  committee of no fewer than three persons to serve at the
  228  pleasure of the chairperson. This committee will prepare
  229  material for the council but make no final decisions.
  230         (f)(d) The council shall meet no less than semiannually at
  231  the call of the chair chairperson or, in his or her absence or
  232  incapacity, at the call of the State Surgeon General. Twenty
  233  Sixteen members constitute a quorum for the purpose of
  234  exercising all of the powers of the council. A vote of the
  235  majority of the members present is sufficient for all actions of
  236  the council.
  237         (g)(e) The council members shall serve without pay.
  238  Pursuant to the provisions of s. 112.061, the council members
  239  may be entitled to be reimbursed for per diem and travel
  240  expenses.
  241         (h)(f)A No member of the council may not shall participate
  242  in any discussion or decision to recommend grants or contracts
  243  to any qualified nonprofit association or to any agency of this
  244  state or its political subdivisions with which the member is
  245  associated as a member of the governing body or as an employee
  246  or with which the member has entered into a contractual
  247  arrangement.
  248         (i)(g) The council may prescribe, amend, and repeal bylaws
  249  governing the manner in which the business of the council is
  250  conducted.
  251         (j)(h) The council shall advise the Board of Governors, the
  252  State Surgeon General, the Governor, and the Legislature with
  253  respect to cancer control and resources research in this state.
  254         (k)(i) The council shall approve each year a program for
  255  cancer control and research to be known as the “Florida Cancer
  256  Plan” which shall be consistent with the State Health Plan and
  257  integrated and coordinated with existing or emerging programs in
  258  this state. The council shall review and approve the plan at
  259  least every 4 years.
  260         (l)(j) The council shall formulate and recommend to the
  261  State Surgeon General, the Governor, the President of the
  262  Senate, and the Speaker of the House of Representatives a plan
  263  for the prevention and early detection of cancer which is
  264  evidence-based and consistent with standards of practice and
  265  supported by evidence-based medicine care and treatment of
  266  persons suffering from cancer and recommend the establishment of
  267  standard requirements for the organization, equipment, and
  268  conduct of cancer units or departments in hospitals and clinics
  269  in this state. The council may recommend to the State Surgeon
  270  General the designation of cancer units following a survey of
  271  the needs and facilities for treatment of cancer in the various
  272  localities throughout the state. The State Surgeon General shall
  273  consider the plan in developing departmental priorities and
  274  funding priorities and standards under chapter 395.
  275         (m)(k) The council shall provide expertise and input in the
  276  content and development of is responsible for including in the
  277  Florida Cancer Plan, which is otherwise generated through the
  278  Department of Health. Recommendations shall include for the
  279  coordination and integration of medical, nursing, paramedical,
  280  lay, and other state efforts plans concerned with cancer control
  281  and research. Committees may shall be formed to develop
  282  strategies for taking action regarding by the council so that
  283  the following areas will be established as entities for actions:
  284         1. Cancer plan evaluation, including the creation of a:
  285  tumor registry, data retrieval systems, and epidemiology of
  286  cancer in the state and its relation to other areas.
  287         2. Cancer prevention.
  288         3. Cancer detection.
  289         4. Cancer treatments patient management: treatment,
  290  rehabilitation, terminal care, and other patient-oriented
  291  activities.
  292         5. Support services for cancer patients and caregivers
  293  education: lay and professional.
  294         6. Unproven methods of Cancer education for laypersons and
  295  professionals therapy: quackery and unorthodox therapies.
  296         7. Other cancer-control-related topics Investigator
  297  initiated project research.
  298         (n)(l) In order to implement in whole or in part the
  299  Florida Cancer Plan, the council may shall recommend to the
  300  Board of Governors or the State Surgeon General the awarding of
  301  grants and contracts to qualified profit or nonprofit
  302  associations or governmental agencies in order to plan,
  303  establish, or conduct programs in cancer control or prevention
  304  and, cancer education or and training, and cancer research.
  305         (o) The council shall have input into the prioritization
  306  and implementation of statewide programs and the allocation of
  307  resources in the department’s comprehensive cancer control
  308  program, consistent with the Florida Cancer Plan.
  309         (p)(m) If funds are specifically appropriated by the
  310  Legislature, the council shall develop or purchase standardized
  311  written summaries, written in layperson’s terms and in language
  312  easily understood by the average adult patient, informing
  313  citizens and professionals on cancer prevention, detection,
  314  treatment, and survivorship actual and high-risk breast cancer
  315  patients, prostate cancer patients, and men who are considering
  316  prostate cancer screening of the medically viable treatment
  317  alternatives available to them in the effective management of
  318  breast cancer and prostate cancer; describing such treatment
  319  alternatives; and explaining the relative advantages,
  320  disadvantages, and risks associated therewith. The breast cancer
  321  summary, upon its completion, shall be printed in the form of a
  322  pamphlet or booklet and made continuously available to
  323  physicians and surgeons in this state for their use in
  324  accordance with s. 458.324 and to osteopathic physicians in this
  325  state for their use in accordance with s. 459.0125. The council
  326  shall periodically update both summaries to reflect current
  327  standards of medical practice in the treatment of breast cancer
  328  and prostate cancer. The council shall develop and implement
  329  educational programs and position statements, including
  330  distribution of the summaries developed or purchased under this
  331  paragraph, to inform citizen groups, associations, government
  332  officials, and voluntary organizations about cancer-related
  333  matters early detection and treatment of breast cancer and
  334  prostate cancer.
  335         (q)(n) The council may recommend to shall have the
  336  responsibility to advise the Board of Governors and the State
  337  Surgeon General, the Governor, the President of the Senate, and
  338  the Speaker of the House of Representatives on methods of
  339  enforcing and implementing laws already enacted and concerned
  340  with cancer control, research, and education.
  341         (r)(o) The council may recommend to the Board of Governors
  342  or the State Surgeon General rules not inconsistent with law as
  343  it may deem necessary for the performance of its duties and the
  344  proper administration of this section.
  345         (s)(p) The council shall formulate and put into effect a
  346  continuing educational program for the prevention of cancer and
  347  its early diagnosis and disseminate to hospitals, cancer
  348  patients, and the public information concerning the proper
  349  treatment of cancer.
  350         (t)(q) The council shall be physically located at the H.
  351  Lee Moffitt Cancer Center and Research Institute, Inc., at the
  352  University of South Florida.
  353         (u)(r)By December 1 On February 15 of each year, the
  354  council shall report its findings and recommendations to the
  355  State Surgeon General, the Governor, the President of the
  356  Senate, and the Speaker of the House of Representatives and to
  357  the Legislature.
  358         (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
  359  MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
  360  STATE SURGEON GENERAL, AND THE DEPARTMENT OF HEALTH.—
  361         (a) The Board of Governors or The State Surgeon General,
  362  after consultation with the council, may shall award grants and
  363  contracts to qualified nonprofit associations and governmental
  364  agencies in order to plan, establish, or conduct programs in
  365  cancer control or and prevention and, cancer education or and
  366  training, and cancer research.
  367         (b) The H. Lee Moffitt Cancer Center and Research
  368  Institute, Inc., shall provide a full-time executive director to
  369  coordinate, facilitate, and communicate the mission and
  370  responsibilities of the council. Additional administrative
  371  support, information, and other assistance shall be provided
  372  such staff, information, and other assistance as reasonably
  373  necessary for the completion of the responsibilities of the
  374  council.
  375         (c) The Department of Health Board of Governors or the
  376  State Surgeon General, after consultation with the council, may
  377  adopt rules necessary for the implementation of this section.
  378         (d) The Florida Cancer Plan is established within the
  379  Department of Health. The department must utilize the council in
  380  developing the plan, prioritizing goals, allocating resources,
  381  and approving the plan in its final form. The State Surgeon
  382  General, after consultation with the council, shall make rules
  383  specifying to what extent and on what terms and conditions
  384  cancer patients of the state may receive financial aid for the
  385  diagnosis and treatment of cancer in any hospital or clinic
  386  selected. The department may furnish to citizens of this state
  387  who are afflicted with cancer financial aid to the extent of the
  388  appropriation provided for that purpose in a manner which in its
  389  opinion will afford the greatest benefit to those afflicted and
  390  may make arrangements with hospitals, laboratories, or clinics
  391  to afford proper care and treatment for cancer patients in this
  392  state.
  393         (6) FLORIDA CANCER CONTROL AND RESEARCH FUND.—
  394         (a) There is created the Florida Cancer Control and
  395  Research Fund consisting of funds appropriated therefor from the
  396  General Revenue Fund and any gifts, grants, or funds received
  397  from other sources.
  398         (b) The fund shall be used exclusively for grants and
  399  contracts to qualified nonprofit associations or governmental
  400  agencies for the purpose of cancer control or and prevention,
  401  cancer education or and training, cancer research, and all
  402  expenses incurred in connection with the administration of this
  403  section and the programs funded through the grants and contracts
  404  authorized by the State Board of Education or the State Surgeon
  405  General.
  406         Section 2. Subsection (1) and paragraph (a) of subsection
  407  (2) of section 458.324, Florida Statutes, are amended to read:
  408         458.324 Breast cancer; information on treatment
  409  alternatives.—
  410         (1) DEFINITION.—As used in this section, the term
  411  “medically viable,” as applied to treatment alternatives, means
  412  modes of treatment generally considered by the medical
  413  profession to be within the scope of current, acceptable
  414  standards, including treatment alternatives described in the
  415  written summary prepared by the Florida Cancer Control and
  416  Resource Research Advisory Council in accordance with s.
  417  1004.435(4)(p) 1004.435(4)(m).
  418         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
  419  treating a patient who is, or in the judgment of the physician
  420  is at high risk of being, diagnosed as having breast cancer
  421  shall inform such patient of the medically viable treatment
  422  alternatives available to such patient; shall describe such
  423  treatment alternatives; and shall explain the relative
  424  advantages, disadvantages, and risks associated with the
  425  treatment alternatives to the extent deemed necessary to allow
  426  the patient to make a prudent decision regarding such treatment
  427  options. In compliance with this subsection:
  428         (a) The physician may, in his or her discretion:
  429         1. Orally communicate such information directly to the
  430  patient or the patient’s legal representative;
  431         2. Provide the patient or the patient’s legal
  432  representative with a copy of the written summary prepared in
  433  accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express a
  434  willingness to discuss the summary with the patient or the
  435  patient’s legal representative; or
  436         3. Both communicate such information directly and provide a
  437  copy of the written summary to the patient or the patient’s
  438  legal representative for further consideration and possible
  439  later discussion.
  440  
  441  Nothing in this subsection shall reduce other provisions of law
  442  regarding informed consent.
  443         Section 3. Subsection (1) and paragraph (a) of subsection
  444  (2) of section 459.0125, Florida Statutes, are amended to read:
  445         459.0125 Breast cancer; information on treatment
  446  alternatives.—
  447         (1) DEFINITION.—As used in this section, the term
  448  “medically viable,” as applied to treatment alternatives, means
  449  modes of treatment generally considered by the medical
  450  profession to be within the scope of current, acceptable
  451  standards, including treatment alternatives described in the
  452  written summary prepared by the Florida Cancer Control and
  453  Resource Research Advisory Council in accordance with s.
  454  1004.435(4)(p) 1004.435(4)(m).
  455         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
  456  obligation of every physician treating a patient who is, or in
  457  the judgment of the physician is at high risk of being,
  458  diagnosed as having breast cancer to inform such patient of the
  459  medically viable treatment alternatives available to such
  460  patient; to describe such treatment alternatives; and to explain
  461  the relative advantages, disadvantages, and risks associated
  462  with the treatment alternatives to the extent deemed necessary
  463  to allow the patient to make a prudent decision regarding such
  464  treatment options. In compliance with this subsection:
  465         (a) The physician may, in her or his discretion:
  466         1. Orally communicate such information directly to the
  467  patient or the patient’s legal representative;
  468         2. Provide the patient or the patient’s legal
  469  representative with a copy of the written summary prepared in
  470  accordance with s. 1004.435(4)(p) 1004.435(4)(m) and express her
  471  or his willingness to discuss the summary with the patient or
  472  the patient’s legal representative; or
  473         3. Both communicate such information directly and provide a
  474  copy of the written summary to the patient or the patient’s
  475  legal representative for further consideration and possible
  476  later discussion.
  477  
  478  Nothing in this subsection shall reduce other provisions of law
  479  regarding informed consent.
  480         Section 4. This act shall take effect July 1, 2012.

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