Florida Statutes Part I - Hospitals And Other Licensed Facilities (Ss. 395.001-395.3041)
- 395.001 - Legislative Intent.
It is the intent of the Legislature to provide for the protection of public health and safety in the establishment, construction, maintenance, and operation of...
- 395.002 - Definitions.
As used in this chapter:(1) “Accrediting organizations” means national accreditation organizations that are approved by the Centers for Medicare and Medicaid Services and whose standards incorporate...
- 395.003 - Licensure; Denial, Suspension, And Revocation.
(1)(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 395.001-395.1065 and part II of...
- 395.004 - Application For License; Fees.
In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter...
- 395.0056 - Litigation Notice Requirement.
Upon receipt of a copy of a complaint filed against a hospital as a defendant in a medical malpractice action as required by s. 766.106(2),...
- 395.009 - Minimum Standards For Clinical Laboratory Test Results And Diagnostic X-ray Results; Prerequisite For Issuance Or Renewal Of License.
(1) As a requirement for issuance or renewal of its license, each licensed facility shall require that all clinical laboratory tests performed by or for the...
- 395.0161 - Licensure Inspection.
(1) In addition to the requirement of s. 408.811, the agency shall make or cause to be made such inspections and investigations as it deems necessary,...
- 395.0162 - Inspection Reports.
(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility. Copies of such reports shall...
- 395.0163 - Construction Inspections; Plan Submission And Approval; Fees.
(1)(a) The design, construction, erection, alteration, modification, repair, and demolition of all public and private health care facilities are governed by the Florida Building Code and...
- 395.0185 - Rebates Prohibited; Penalties.
(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement, in any form...
- 395.0191 - Staff Membership And Clinical Privileges.
(1) No licensed facility, in considering and acting upon an application for staff membership or clinical privileges, shall deny the application of a qualified doctor of...
- 395.0193 - Licensed Facilities; Peer Review; Disciplinary Powers; Agency Or Partnership With Physicians.
(1) It is the intent of the Legislature that good faith participants in the process of investigating and disciplining physicians pursuant to the state-mandated peer review...
- 395.0195 - Access Of Chiropractic Physicians To Diagnostic Reports.
Each hospital shall set standards and procedures which provide for reasonable access by licensed chiropractic physicians to the reports of diagnostic X rays and laboratory...
- 395.0197 - Internal Risk Management Program.
(1) Every licensed facility shall, as a part of its administrative functions, establish an internal risk management program that includes all of the following components:(a) The investigation...
- 395.1011 - Identification, Segregation, And Separation Of Biomedical Waste.
Each licensed facility shall comply with the requirements contained in s. 381.0098. Any transporter or potential transporter of such waste shall be notified of the...
- 395.1012 - Patient Safety.
(1) Each licensed facility must adopt a patient safety plan. A plan adopted to implement the requirements of 42 C.F.R. part 482.21 shall be deemed to...
- 395.1021 - Treatment Of Sexual Assault Victims.
Any licensed facility which provides emergency room services shall arrange for the rendering of appropriate medical attention and treatment of victims of sexual assault through:(1) Such...
- 395.1023 - Child Abuse And Neglect Cases; Duties.
Each licensed facility shall adopt a protocol that, at a minimum, requires the facility to:(1) Incorporate a facility policy that every staff member has an affirmative...
- 395.1024 - Patients Consenting To Adoptions; Protocols.
(1) Each licensed facility shall adopt a protocol that at a minimum provides for facility staff to be knowledgeable of the waiting periods, revocation and the...
- 395.1025 - Infectious Diseases; Notification.
Notwithstanding the provisions in s. 381.004, if, while treating or transporting an ill or injured patient to a licensed facility, an emergency medical technician, paramedic,...
- 395.1027 - Regional Poison Control Centers.
(1) There shall be created three certified regional poison control centers, one each in the north, central, and southern regions of the state. Each regional poison...
- 395.1031 - Emergency Medical Services; Communication.
Each licensed hospital with an emergency department must be capable of communicating by two-way radio with all ground-based basic life support service vehicles and advanced...
- 395.1041 - Access To Emergency Services And Care.
(1) LEGISLATIVE INTENT.—The Legislature finds and declares it to be of vital importance that emergency services and care be provided by hospitals and physicians to every...
- 395.1046 - Complaint Investigation Procedures.
(1) In addition to the requirements of s. 408.811, the agency shall investigate any complaint against a hospital for any violation of s. 395.1041 which the...
- 395.1051 - Duty To Notify Patients.
An appropriately trained person designated by each licensed facility shall inform each patient, or an individual identified pursuant to s. 765.401(1), in person about adverse...
- 395.1053 - Postpartum Education.
A hospital that provides birthing services shall incorporate information on safe sleep practices and the possible causes of Sudden Unexpected Infant Death into the hospital’s...
- 395.1055 - Rules And Enforcement.
(1) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part, which shall include reasonable and fair minimum...
- 395.1056 - Plan Components Addressing A Hospital’s Response To Terrorism; Public Records Exemption; Public Meetings Exemption.
(1)(a) Those portions of a comprehensive emergency management plan that address the response of a public or private hospital to an act of terrorism as defined...
- 395.106 - Risk Pooling By Certain Hospitals And Hospital Systems.
(1) Notwithstanding any other provision of law, any two or more hospitals licensed in this state and located in this state may form an alliance for...
- 395.1065 - Criminal And Administrative Penalties; Moratorium.
(1) In addition to s. 408.812, any person establishing, conducting, managing, or operating any facility without a license under this part commits a misdemeanor and, upon...
- 395.107 - Urgent Care Centers; Publishing And Posting Schedule Of Charges; Penalties.
(1) An urgent care center must publish and post a schedule of charges for the medical services offered to patients.(2) The schedule of charges must describe the...
- 395.10971 - Purpose.
The Legislature finds that control and prevention of medical accidents and injuries is a significant public health and safety concern. An essential method of controlling...
- 395.10972 - Health Care Risk Manager Advisory Council.
The Secretary of Health Care Administration may appoint a seven-member advisory council to advise the agency on matters pertaining to health care risk managers. The...
- 395.10973 - Powers And Duties Of The Agency.
It is the function of the agency to:(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part and part II...
- 395.10974 - Health Care Risk Managers; Qualifications, Licensure, Fees.
(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 395.10971-395.10975, and part II of...
- 395.10975 - Grounds For Denial, Suspension, Or Revocation Of A Health Care Risk Manager’s License; Administrative Fine.
(1) The agency may, in its discretion, deny, suspend, revoke, or refuse to renew or continue the license of any health care risk manager or applicant,...
- 395.2050 - Routine Inquiry For Organ And Tissue Donation; Certification For Procurement Activities; Death Records Review.
(1) Every general hospital, and every specialty hospital that offers the range of medical services offered by a general hospital but only to a portion of...
- 395.301 - Itemized Patient Bill; Form And Content Prescribed By The Agency; Patient Admission Status Notification.
(1) A licensed facility not operated by the state shall notify each patient during admission and at discharge of his or her right to receive an...
- 395.3015 - Patient Records; Form And Content.
Each hospital operated by the agency or by the Department of Corrections shall require the use of a system of problem-oriented medical records for its...
- 395.302 - Patient Records; Penalties For Alteration.
(1) Any person who fraudulently alters, defaces, or falsifies any medical record, or causes or procures any of these offenses to be committed, commits a misdemeanor...
- 395.3025 - Patient And Personnel Records; Copies; Examination.
(1) Any licensed facility shall, upon written request, and only after discharge of the patient, furnish, in a timely manner, without delays for legal review, to...
- 395.3035 - Confidentiality Of Hospital Records And Meetings.
(1) All meetings of a governing board of a public hospital and all public hospital records shall be open and available to the public in accordance...
- 395.3036 - Confidentiality Of Records And Meetings Of Entities That Lease Public Hospitals Or Other Public Health Care Facilities.
The records of a private entity that leases a public hospital or other public health care facility are confidential and exempt from s. 119.07(1) and...
- 395.3037 - Definitions.
As used in this act, the term:(1) “Department” means the Department of Health.(2) “Agency” means the Agency for Health Care Administration.History.—s. 2, ch. 2004-325.
- 395.3038 - State-listed Primary Stroke Centers And Comprehensive Stroke Centers; Notification Of Hospitals.
(1) The agency shall make available on its website and to the department a list of the name and address of each hospital that meets the...
- 395.3039 - Advertising Restrictions.
A person may not advertise to the public, by way of any medium whatsoever, that a hospital is a state-listed primary or comprehensive stroke center...
- 395.3041 - Emergency Medical Services Providers; Triage And Transportation Of Stroke Victims To A Stroke Center.
(1) By June 1 of each year, the department shall send the list of primary stroke centers and comprehensive stroke centers to the medical director of...
Last modified: September 23, 2016