Bill Text: FL H0377 | 2011 | Regular Session | Introduced

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Bill Title: Cancer Research and Control

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0377 Detail]

Download: Florida-2011-H0377-Introduced.html

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HB 377

1	A bill to be entitled
2	An act relating to cancer research and control; amending
3	s. 20.435, F.S.; changing the carryforward period of
4	certain funds of the Biomedical Research Trust Fund;
5	amending s. 215.5602, F.S.; modifying the terms and
6	membership and establishing a staggered membership for
7	appointed members of the Biomedical Research Advisory
8	Council; authorizing the council to recommend a portion of
9	the allocation for the James and Esther King Biomedical
10	Research Program for specified purposes and to develop a
11	grant application and review mechanism; prohibiting any
12	member of the council from participating in council or
13	peer-review panel discussions or decisions regarding
14	certain proposals; authorizing the Department of Health to
15	accept and use gifts for awards under the program;
16	amending s. 381.922, F.S.; revising the purpose of the
17	William G. "Bill" Bankhead, Jr., and David Coley Cancer
18	Research Program; revising the types of applications
19	considered for funding; authorizing the Biomedical
20	Research Advisory Council to recommend a portion of the
21	allocation for the program for specified purposes and to
22	develop a grant application and review mechanism;
23	prohibiting any member of the council from participating
24	in council or panel discussions or decisions regarding
25	certain proposals; requiring the department to submit to
26	the Governor and Legislature a report by a specified date;
27	authorizing the Department of Health to accept and use
28	gifts for awards under the program; creating s. 381.923,
29	F.S.; creating the Florida Comprehensive Cancer Control
30	Act; providing legislative intent; providing definitions;
31	creating the Florida Cancer Control and Resource Advisory
32	Council; providing membership of the council; providing
33	the composition of the executive committee of the council;
34	providing for terms of the council and meetings; providing
35	for reimbursement for per diem and travel expenses;
36	prohibiting a member of the council from participating in
37	any discussion or decision to recommend any type of award
38	or contract to any qualified nonprofit association or to
39	any agency of this state or a political subdivision of the
40	state with which the member is associated as an employee
41	or as a member of the governing body or with which the
42	member has entered into a contractual arrangement;
43	providing the duties and responsibilities of the council;
44	requiring the council to report findings and
45	recommendations to the Governor, the Legislature, and the
46	State Surgeon General; requiring the council to develop or
47	purchase written summaries regarding medically viable
48	treatment alternatives for the management of breast cancer
49	and prostate cancer; providing requirements for the
50	written summaries; requiring the council to develop and
51	implement education programs regarding early detection and
52	treatment of breast cancer and prostate cancer; requiring
53	that the H. Lee Moffitt Cancer Center and Research
54	Institute, Inc., provide an executive director for the
55	council; authorizing the Department of Health to adopt
56	rules to administer s. 381.923, F.S.; requiring the
57	department to produce the Florida Cancer Plan in
58	consultation with the council; creating the Cancer Control
59	Collaborative Program within the Department of Health;
60	providing the responsibility and mission of the program;
61	requiring the department to appoint a director; providing
62	duties for each regional cancer control collaborative;
63	requiring the collaborative program to submit to the
64	council an annual report by a specified date; requiring
65	the program to serve as the infrastructure for expansion
66	or adaption as federal programs or other opportunities
67	arise for future cancer control initiatives; amending ss.
68	458.324 and 459.0125, F.S.; conforming cross-references;
69	repealing s. 1004.435, F.S., relating to cancer control
70	and research; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Paragraph (c) of subsection (8) of section
75	20.435, Florida Statutes, is amended to read:
76	20.435  Department of Health; trust funds.-The following
77	trust funds shall be administered by the Department of Health:
78	(8)  Biomedical Research Trust Fund.
79	(c)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
80	any balance of any appropriation from the Biomedical Research
81	Trust Fund which is not disbursed but which is obligated
82	pursuant to contract or committed to be expended may be carried
83	forward for up to 5 3 years after following the effective date
84	of the original appropriation.
85	Section 2.  Subsections (2), (3), (5), and (7) of section
86	215.5602, Florida Statutes, are amended, and subsection (13) is
87	added to that section, to read:
88	215.5602  James and Esther King Biomedical Research
89	Program.-
90	(2)  Funds appropriated for the James and Esther King
91	Biomedical Research Program shall be used exclusively for the
92	award of grants and fellowships as established in this section;
93	for research relating to the prevention, diagnosis, treatment,
94	and cure of diseases related to tobacco use, including cancer,
95	cardiovascular disease, stroke, and pulmonary disease; and for
96	expenses incurred in the administration of this section; and as
97	provided in subsection (5). Priority shall be granted to
98	research designed to prevent or cure disease.
99	(3)  There is created within the Department of Health the
100	Biomedical Research Advisory Council.
101	(a)  The council shall consist of 12 11 members, including:
102	the chief executive officer of the Florida Division of the
103	American Cancer Society, or a designee; the chief executive
104	officer of the Greater Southeast Florida/Puerto Rico Affiliate
105	of the American Heart Association, or a designee; and the chief
106	executive officer of the American Lung Association of Florida,
107	or a designee; and the chief executive officer of BioFlorida, or
108	a designee. The remaining 8 members of the council shall be
109	appointed as follows:
110	1.  The Governor shall appoint four members, two members
111	with expertise in the field of biomedical research, one member
112	from a research university in the state, and one member
113	representing the general population of the state.
114	2.  The President of the Senate shall appoint two members,
115	one member with expertise in the field of behavioral or social
116	research and one representative from a cancer program approved
117	by the American College of Surgeons.
118	3.  The Speaker of the House of Representatives shall
119	appoint two members, one member from a professional medical
120	organization and one representative from a cancer program
121	approved by the American College of Surgeons.
122
123	In making these appointments, the Governor, the President of the
124	Senate, and the Speaker of the House of Representatives shall
125	select primarily, but not exclusively, Floridians with
126	biomedical and lay expertise in the general areas of cancer,
127	cardiovascular disease, stroke, and pulmonary disease. The
128	appointments shall be for 4-year staggered terms a 3-year term
129	and shall reflect the diversity of the state's population. An
130	appointed member may not serve more than two consecutive terms.
131	The first two appointments by the Governor and the first
132	appointment by the President of the Senate and the Speaker of
133	the House of Representatives on or after July 1, 2011, shall be
134	for a term of 2 years each.
135	(b)  The council shall adopt internal organizational
136	procedures as necessary for its efficient organization.
137	(c)  The department shall provide such staff, information,
138	and other assistance as is reasonably necessary to assist the
139	council in carrying out its responsibilities.
140	(d)  Members of the council shall serve without
141	compensation, but may receive reimbursement as provided in s.
142	112.061 for travel and other necessary expenses incurred in the
143	performance of their official duties.
144	(5)(a)  Applications for biomedical research funding under
145	the program may be submitted from any university or established
146	research institute in the state. All qualified investigators in
147	the state, regardless of institution affiliation, shall have
148	equal access and opportunity to compete for the research
149	funding.
150	(b)  Grants and fellowships shall be awarded by the State
151	Surgeon General, after consultation with the council, on the
152	basis of scientific merit, as determined by an open competitive
153	peer review process that ensures objectivity, consistency, and
154	high quality. The following types of applications shall be
155	considered for funding:
156	1.  Investigator-initiated research grants.
157	2.  Institutional research and training grants.
158	3.  Predoctoral and postdoctoral research fellowships.
159	(c)  For any given year, the council may also recommend up
160	to one-third of the allocation for the program for the
161	recruitment of cancer, heart, or lung disease researchers and
162	research teams to institutions in the state; for operational
163	start-up grants for newly recruited cancer, heart, or lung
164	disease research teams; and for equipment expenditures related
165	to the expansion of cancer, heart, or lung disease research and
166	treatment capacity in the state. For the purposes of
167	implementing this paragraph, the council may develop a grant
168	application and review mechanism other than the process for
169	reviewing research proposals prescribed in subsection (6);
170	however, such mechanism must ensure a fair and rigorous analysis
171	of the merit of any proposals considered under this paragraph.
172	(7)  The council and the peer review panel shall establish
173	and follow rigorous guidelines for ethical conduct and adhere to
174	a strict policy with regard to conflict of interest. A member of
175	the council or panel may not participate in any council or panel
176	discussion or decision with respect to a research proposal, or
177	any proposal related to those projects contemplated in paragraph
178	(5)(c), by any firm, entity, or agency with which the member is
179	associated as a member of the governing body or as an employee,
180	or with which the member has entered into a contractual
181	arrangement. Meetings of the council and the peer review panels
182	shall be subject to the provisions of chapter 119, s. 286.011,
183	and s. 24, Art. I of the State Constitution.
184	(13)  The Department of Health may accept gifts made
185	unconditionally by will or otherwise, deposit them into the
186	Biomedical Research Trust Fund, and use them for grant or
187	fellowship awards in the program. Any gift made under conditions
188	that, in the judgment of the department, upon consultation with
189	the council, are proper and consistent with this section, the
190	laws of the United States, and state law, may be accepted and
191	shall be held, invested, reinvested, and used in accordance with
192	the conditions of the gift.
193	Section 3.  Section 381.922, Florida Statutes, is amended
194	to read:
195	381.922  William G. "Bill" Bankhead, Jr., and David Coley
196	Cancer Research Program.-
197	(1)  The William G. "Bill" Bankhead, Jr., and David Coley
198	Cancer Research Program, which may be otherwise cited as the
199	"Bankhead-Coley Program," is created within the Department of
200	Health. The purpose of the program shall be to advance progress
201	towards cures for cancer using through grants awarded through a
202	peer-reviewed, competitive process and to expand cancer research
203	and treatment capacity in this state.
204	(2)  The program shall provide grants for cancer research,
205	including cancer clinical trials projects as provided in this
206	section, to further the search for cures for cancer; for
207	recruiting cancer researchers and research teams to institutions
208	in the state; for operational start-up grants for newly
209	recruited cancer researchers and research teams; or for
210	equipment expenditures related to the expansion of cancer
211	research and treatment capacity in the state.
212	(a)  Emphasis shall be given to the following goals, as
213	those goals support the advancement of such cures:
214	1.  Efforts to significantly expand cancer research
215	capacity in the state by:
216	a.  Identifying ways to attract new research talent and
217	attendant national grant-producing researchers to cancer
218	research facilities in this state;
219	b.  Implementing a peer-reviewed, competitive process to
220	identify and fund the best proposals to expand cancer research
221	institutes in this state;
222	c.  Funding through available resources for those proposals
223	that demonstrate the greatest opportunity to attract federal
224	research grants and private financial support;
225	d.  Encouraging the employment of bioinformatics in order
226	to create a cancer informatics infrastructure that enhances
227	information and resource exchange and integration through
228	researchers working in diverse disciplines, to facilitate the
229	full spectrum of cancer investigations;
230	e.  Facilitating the technical coordination, business
231	development, and support of intellectual property as it relates
232	to the advancement of cancer research; and
233	f.  Aiding in other multidisciplinary research-support
234	activities as they inure to the advancement of cancer research.
235	2.  Efforts to improve both research and treatment through
236	greater participation in clinical trials networks by:
237	a.  Identifying ways to increase adult enrollment in cancer
238	clinical trials;
239	b.  Supporting public and private professional education
240	programs designed to increase the awareness and knowledge about
241	cancer clinical trials;
242	c.  Providing tools to cancer patients and community-based
243	oncologists to aid in the identification of cancer clinical
244	trials available in the state; and
245	d.  Creating opportunities for the state's academic cancer
246	centers to collaborate with community-based oncologists in
247	cancer clinical trials networks.
248	3.  Efforts to reduce the impact of cancer on disparate
249	groups by:
250	a.  Identifying those cancers that disproportionately
251	impact certain demographic groups; and
252	b.  Building collaborations designed to reduce health
253	disparities as they relate to cancer.
254	(b)  Preference may be given to grant proposals that foster
255	collaborations among institutions, researchers, and community
256	practitioners, as such proposals support the advancement of
257	cures through basic or applied research, including clinical
258	trials involving cancer patients and related networks and the
259	transfer of knowledge gained from research into the practice of
260	community practitioners.
261	(3)(a)  Applications for funding for cancer research may be
262	submitted by any university or established research institute in
263	the state. All qualified investigators in the state, regardless
264	of institutional affiliation, shall have equal access and
265	opportunity to compete for the research funding. Collaborative
266	proposals, including those that advance the program's goals
267	enumerated in subsection (2), may be given preference. Grants
268	shall be awarded by the State Surgeon General, after
269	consultation with the Biomedical Research Advisory Council
270	established under s. 215.5602, on the basis of scientific merit,
271	as determined by an open, competitive peer review process that
272	ensures objectivity, consistency, and high quality. The
273	following types of applications shall be considered for funding:
274	1.  Investigator-initiated research grants.
275	2.  Institutional research and training grants.
276	3.  Predoctoral and postdoctoral research fellowships.
277	4.3.  Collaborative research grants, including those that
278	advance the finding of cures through basic or applied research.
279	5.  Clinical trial project grants, particularly those
280	projects such as matching services that identify prospective
281	clinical trials treatment options for cancer patients in this
282	state or those projects that otherwise foster greater rates of
283	participation in trials. At least one such grant shall be
284	awarded in any given year if a meritorious proposal or proposals
285	are received. Such project grant proposals are not required to
286	be posed as a research question in order to qualify for an
287	award.
288	(b)  For any given year, the council may recommend up to
289	one-third of the allocation for grants by the program for the
290	recruitment of cancer researchers and research teams to
291	institutions in the state, for operational start-up grants for
292	newly recruited cancer researchers and research teams, or for
293	equipment expenditures related to the expansion of cancer
294	research and treatment capacity in the state. For the purposes
295	of implementing this paragraph, the council may develop a grant
296	application and review mechanism other than the process for
297	reviewing research proposals prescribed in paragraph (c);
298	however, such mechanism shall ensure a fair and rigorous
299	analysis of the merit of any proposals considered under this
300	paragraph.
301	(c)(b)  In order to ensure that all proposals for research
302	funding are appropriate and are evaluated fairly on the basis of
303	scientific merit, the State Surgeon General, in consultation
304	with the council, shall appoint a peer review panel of
305	independent, scientifically qualified individuals to review the
306	scientific content of each proposal and establish its priority
307	score. The priority scores shall be forwarded to the council and
308	must be considered in determining which proposals shall be
309	recommended for funding.
310	(d)(c)  The council and the peer review panel shall
311	establish and follow rigorous guidelines for ethical conduct and
312	adhere to a strict policy with regard to conflicts of interest.
313	A member of the council or panel may not participate in any
314	council or panel discussion or decision with respect to a
315	research proposal, or any proposal related to those projects
316	contemplated in paragraph (b), by any firm, entity, or agency
317	with which the member is associated as a member of the governing
318	body or as an employee or with which the member has entered into
319	a contractual arrangement. Meetings of the council and the peer
320	review panels are subject to chapter 119, s. 286.011, and s. 24,
321	Art. I of the State Constitution.
322	(4)  By February 1 December 15 of each year, the council
323	Department of Health shall submit to the Governor, the President
324	of the Senate, and the Speaker of the House of Representatives a
325	report indicating progress towards the program's mission and
326	making recommendations that further its purpose.
327	(5)  The William G. "Bill" Bankhead, Jr., and David Coley
328	Cancer Research program is funded pursuant to s. 215.5602(12).
329	Funds appropriated for the William G. "Bill" Bankhead, Jr., and
330	David Coley Cancer Research program shall be distributed
331	pursuant to this section to provide grants to researchers
332	seeking cures for cancer and cancer-related illnesses, with
333	emphasis given to the goals enumerated in this section. From the
334	total funds appropriated, an amount of up to 10 percent may be
335	used for administrative expenses. From funds appropriated to
336	accomplish the goals of this section, up to $250,000 shall be
337	available for the operating costs of the Florida Center for
338	Universal Research to Eradicate Disease.
339	(6)  The Department of Health may accept gifts made
340	unconditionally by will or otherwise, deposit them into the
341	Biomedical Research Trust Fund, and use them for grant or
342	fellowship awards in the program. Any gift made under conditions
343	that, in the judgment of the department, upon consultation with
344	the council, are proper and consistent with this section, the
345	laws of the United States, and state law, may be accepted and
346	shall be held, invested, reinvested, and used in accordance with
347	the conditions of the gift.
348	Section 4.  Section 381.923, Florida Statutes, is created
349	to read:
350	381.923  Comprehensive Cancer Control.-
351	(1)  SHORT TITLE.-This section may be cited as the "Florida
352	Comprehensive Cancer Control Act."
353	(2)  LEGISLATIVE INTENT.-It is the finding of the
354	Legislature that:
355	(a)  Advances in scientific knowledge have led to
356	prevention, early detection, and therapeutic capabilities in the
357	control of cancer. Such knowledge, screening technologies, and
358	therapies must be made available to all residents of this state.
359	(b)  Research shows that certain lifestyles and exposures,
360	such as tobacco use, exposure to ultraviolet radiation from the
361	sun, and exposure to occupational and environmental carcinogens,
362	contribute to the risk for many types of cancer and that certain
363	screening tests are effective in diagnosing cancer early when it
364	is more treatable. The role of diet, exercise, and other healthy
365	lifestyles are also important in cancer prevention and control.
366	Proven causes of cancer and methods for early detection should
367	be publicized and be the subject of linguistically and
368	culturally appropriate educational and awareness programs for
369	the prevention of cancer.
370	(c)  An effective cancer control program would mobilize the
371	scientific, educational, and medical resources that presently
372	exist into an intense attack against this dreaded disease, with
373	the primary goal to reduce the cancer burden for the residents
374	of this state.
375	(3)  DEFINITIONS.-As used in this section, the term:
376	(a)  "Cancer" means all malignant neoplasms, regardless of
377	the tissue of origin, including lymphoma and leukemia.
378	(b)  "Council" means the Florida Cancer Control and
379	Resource Advisory Council.
380	(c)  "Department" means the Department of Health.
381	(d)  "Plan" means the Florida Cancer Plan.
382	(e)  "Program" means the Florida Cancer Control
383	Collaborative Program.
384	(f)  "Qualified nonprofit association" means any
385	association, incorporated or unincorporated, which has received
386	tax-exempt status from the Internal Revenue Service.
387	(4)  FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
388	CREATION; COMPOSITION.-
389	(a)  There is created within the H. Lee Moffitt Cancer
390	Center and Research Institute, Inc., the Florida Cancer Control
391	and Resource Advisory Council, which is an advisory body
392	appointed to function on a continuing basis to recommend
393	solutions and policy alternatives to the Governor, members of
394	the Legislature, the State Surgeon General, and other
395	policymakers. The council shall consist of cancer organizational
396	representation and cancer control stakeholders, with a
397	chairperson elected by the council membership for a term of 2
398	years. Each council member must be a resident of this state. The
399	Governor shall appoint three members representing the general
400	public, with the initial appointments being for terms of 1 year,
401	2 years, and 3 years, respectively, beginning July 1, 2012.
402	Thereafter, gubernatorial appointments to the council shall be
403	for terms of 3 years. The President of the Senate and the
404	Speaker of the House of Representatives shall each appoint one
405	member from his or her legislative body to serve on the council
406	at any given time. Each of the following organizations shall
407	designate a representative to serve on the council:
408	1.  H. Lee Moffitt Cancer Center and Research Institute,
409	Inc.
410	2.  University of Florida Shands Cancer Center.
411	3.  University of Miami Sylvester Comprehensive Cancer
412	Center.
413	4.  Mayo Clinic, Florida.
414	5.  M.D. Anderson Cancer Center, Florida.
415	6.  American Cancer Society, Florida Division.
416	7.  American Lung Association of the Southeast.
417	8.  American Association for Retired Persons.
418	9.  Department of Health.
419	10.  Department of Education.
420	11.  Florida Tumor Registrars Association.
421	12.  Florida Cancer Data System.
422	13.  Florida Society of Oncology Social Workers.
423	14.  Florida Oncology Nurses Society.
424	15.  Florida Society of Clinical Oncology.
425	16.  Florida Association of Pediatric Tumor Programs, Inc.
426	17.  Florida Medical Association.
427	18.  Florida Hospital Association.
428	19.  Florida Nursing Association.
429	20.  Florida Dental Association.
430	21.  Florida Osteopathic Association.
431	22.  University of Florida College of Medicine.
432	23.  Florida Academy of Family Physicians.
433	24.  University of Miami College of Medicine.
434	25.  University of South Florida College of Medicine.
435	26.  Florida State University College of Medicine.
436	27.  University of Central Florida College of Medicine.
437	28.  Nova Southeastern College of Osteopathic Medicine.
438	29.  Florida International University College of Medicine.
439	30.  Lake Erie School of Osteopathic Medicine.
440	31.  Biomedical Research Advisory Council.
441	32.  Center for Universal Research to Eradicate Disease.
442	33.  A representative from each of the regional cancer
443	control collaboratives.
444	(b)  An executive committee, which shall be responsible for
445	coordinating the activities and planning the direction of the
446	full council, shall be comprised of the council's elected
447	chairperson, one at-large member elected by the full council,
448	and the members representing the Department of Health, the
449	American Cancer Society, the H. Lee Moffitt Cancer Center and
450	Research Institute, Inc., the University of Florida Shands
451	Cancer Center, and the University of Miami Sylvester
452	Comprehensive Cancer Center, as well as the appointee of the
453	President of the Senate, the appointee of the Speaker of the
454	House of Representatives, and one of the gubernatorial
455	appointees, who shall be designated by the council's
456	chairperson. If the council chairperson is a designee of one of
457	the entities named in this paragraph, the full council shall
458	elect a second at-large position to serve on the executive
459	committee. The elected positions on the executive committee
460	shall be for terms of 2 years.
461	(c)  The council shall meet at least semiannually. A
462	majority of members shall constitute a quorum for the purpose of
463	exercising all of the powers of the council.
464	(d)  The council members shall serve without compensation,
465	but are entitled to reimbursement for per diem and travel
466	expenses as provided in s. 112.061.
467	(e)  A member of the council may not participate in any
468	council discussion or decision to recommend any type of award or
469	contract to any qualified nonprofit association or to any agency
470	of this state or a political subdivision of the state with which
471	the member is associated as an employee or as a member of the
472	governing body or with which the member has entered into a
473	contractual arrangement.
474	(f)  The council may prescribe, amend, and repeal bylaws
475	governing the manner in which the business of the council is
476	conducted.
477	(g)  The council shall advise the Governor, the
478	Legislature, the State Surgeon General, and other state
479	policymakers with respect to cancer control and resources in
480	this state.
481	(h)  The council shall approve a plan for cancer control,
482	to be known as the "Florida Cancer Control Plan," which shall be
483	consistent to the extent possible with other cancer or health-
484	related state plans and integrated and coordinated with existing
485	programs in this state. The council shall review and approve the
486	plan at least every 2 years.
487	(i)  The council shall formulate and recommend to the
488	Governor, the Legislature, the State Surgeon General, and other
489	state policymakers a plan for the prevention and early detection
490	of cancer which is evidence-based and consistent with standards
491	of practice and supported by evidence-based medicine. The State
492	Surgeon General and other state policymakers shall consider the
493	plan in developing departmental priorities and funding
494	priorities and standards under chapter 385.
495	(j)  The council shall provide expertise, input, and
496	recommendations regarding the content and development of the
497	Florida Cancer Plan and the coordination and integration of
498	other state plans concerning cancer control.
499	(k)  The council may establish committees to develop
500	strategies for taking action regarding:
501	1.  Cancer plan evaluation, including the creation of a
502	tumor registry, data retrieval systems, and the epidemiology of
503	cancer in the state.
504	2.  Cancer prevention.
505	3.  Cancer detection.
506	4.  Cancer treatments.
507	5.  Support services for cancer patients and caregivers.
508	6.  Cancer education for laypersons and professionals.
509	7.  Other cancer-control-related topics.
510	(l)  The council shall advise the State Surgeon General on
511	methods of enforcing and implementing laws already enacted that
512	relate to cancer control.
513	(m)  The council may recommend to the State Surgeon General
514	rules consistent with law as it may deem necessary for the
515	performance of its duties and the proper administration of this
516	section.
517	(n)  The council shall be physically located at the H. Lee
518	Moffitt Cancer Center and Research Institute, Inc.
519	(o)  By December 1 of each year, the council shall report
520	its findings and recommendations to the Governor, the President
521	of the Senate, the Speaker of the House of Representatives, and
522	the State Surgeon General.
523	(p)  Subject to specific appropriations by the Legislature,
524	the council shall develop or purchase standardized written
525	summaries, written in language easily understood by the average
526	adult, to inform persons who have or who are at high risk of
527	being diagnosed with breast cancer or who have prostate cancer
528	or are considering prostate cancer screening of the medically
529	viable treatment alternatives available to effectively manage
530	breast cancer or prostate cancer; describe treatment options;
531	and explain the advantages, disadvantages, and risks associated
532	with each treatment option. The summaries shall be printed in
533	the form of a pamphlet or booklet and made continuously
534	available to physicians and surgeons in the state for their use
535	in accordance with s. 458.324 and to osteopathic physicians in
536	this state for their use in accordance with s. 459.0125. The
537	council shall periodically update both summaries to reflect
538	current standards of medical practice in the treatment of breast
539	cancer and prostate cancer.
540	(q)  Subject to specific appropriations by the Legislature,
541	the council shall develop and implement educational programs,
542	including distribution of the summaries developed or purchased
543	under paragraph (p), to inform citizen groups, associations, and
544	voluntary organizations about early detection and treatment of
545	breast cancer and prostate cancer.
546	(5)  RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
547	AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.-
548	(a)  The H. Lee Moffitt Cancer Center and Research
549	Institute, Inc., shall provide a full-time executive director to
550	coordinate, facilitate, and communicate the mission and
551	responsibilities of the council. Additional administrative
552	support, information, and other assistance shall also be
553	provided as reasonably necessary for the completion of the
554	responsibilities of the council.
555	(b)  The Department of Health, after consultation with the
556	council, may adopt rules necessary to administer this section.
557	(c)  The Florida Cancer Plan is established within the
558	Department of Health. The department shall consult with the
559	council in developing the plan, prioritizing goals, and
560	allocating resources.
561	(6)  FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM;
562	CREATION; COMPOSITION.-
563	(a)  The Cancer Control Collaborative Program is
564	established within the Department of Health and resides within
565	the William G. "Bill" Bankhead, Jr., and David Coley Cancer
566	Research Program. The program is responsible for overseeing and
567	providing infrastructure for the state cancer collaborative
568	network. The primary mission of the program is to implement the
569	plan's initiatives and identify and facilitate the local
570	development of solutions to cancer control needs of the
571	populations served by the regional cancer control
572	collaboratives. The program shall prioritize programs and
573	resources to reduce the burden of cancer in this state,
574	consistent with the plan.
575	(b)  The department shall appoint a director, who is
576	responsible for supervising the program, and provide, at a
577	minimum, centralized organization, communications, information
578	technology, shared resources, and cancer control expertise to
579	the regional cancer control collaboratives.
580	(c)  Each regional cancer control collaborative shall bring
581	together local cancer stakeholders, develop bylaws, identify and
582	prioritize cancer control needs of its region, and develop
583	solutions to solve problems, consistent with the plan and the
584	goal of reducing the burden of cancer in this state. Each
585	collaborative shall meet at least semiannually and send
586	representation to the council meetings.
587	(d)  By October 15 of each year, the program shall submit
588	an annual report to the council. The council shall have input
589	into the prioritization of programs and proposed allocation of
590	resources in the program consistent with the plan.
591	(e)  The program shall serve as the infrastructure for
592	expansion or adaptation as federal programs or other
593	opportunities arise for future cancer control initiatives. The
594	development of the infrastructure for local cancer control
595	collaboratives, to the extent possible, shall be designed to
596	leverage opportunities for funding from the United States
597	Centers for Disease Control and Prevention or other federal
598	sources.
599	Section 5.  Subsection (1) and paragraph (a) of subsection
600	(2) of section 458.324, Florida Statutes, are amended to read:
601	458.324  Breast cancer; information on treatment
602	alternatives.-
603	(1)  DEFINITION.-As used in this section, the term
604	"medically viable," as applied to treatment alternatives, means
605	modes of treatment generally considered by the medical
606	profession to be within the scope of current, acceptable
607	standards, including treatment alternatives described in the
608	written summary prepared by the Florida Cancer Control and
609	Resource Research Advisory Council in accordance with s.
610	381.923(4)(o) 1004.435(4)(m).
611	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-Each
612	physician treating a patient who is, or in the judgment of the
613	physician is at high risk of being, diagnosed as having breast
614	cancer shall inform such patient of the medically viable
615	treatment alternatives available to such patient; shall describe
616	such treatment alternatives; and shall explain the relative
617	advantages, disadvantages, and risks associated with the
618	treatment alternatives to the extent deemed necessary to allow
619	the patient to make a prudent decision regarding such treatment
620	options. In compliance with this subsection:
621	(a)  The physician may, in his or her discretion:
622	1.  Orally communicate such information directly to the
623	patient or the patient's legal representative;
624	2.  Provide the patient or the patient's legal
625	representative with a copy of the written summary prepared in
626	accordance with s. 381.923(4)(o) 1004.435(4)(m) and express a
627	willingness to discuss the summary with the patient or the
628	patient's legal representative; or
629	3.  Both communicate such information directly and provide
630	a copy of the written summary to the patient or the patient's
631	legal representative for further consideration and possible
632	later discussion.
633
634	Nothing in this subsection shall reduce other provisions of law
635	regarding informed consent.
636	Section 6.  Subsection (1) and paragraph (a) of subsection
637	(2) of section 459.0125, Florida Statutes, are amended to read:
638	459.0125  Breast cancer; information on treatment
639	alternatives.-
640	(1)  DEFINITION.-As used in this section, the term
641	"medically viable," as applied to treatment alternatives, means
642	modes of treatment generally considered by the medical
643	profession to be within the scope of current, acceptable
644	standards, including treatment alternatives described in the
645	written summary prepared by the Florida Cancer Control and
646	Resource Research Advisory Council in accordance with s.
647	381.923(4)(o) 1004.435(4)(m).
648	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.-It is the
649	obligation of every physician treating a patient who is, or in
650	the judgment of the physician is at high risk of being,
651	diagnosed as having breast cancer to inform such patient of the
652	medically viable treatment alternatives available to such
653	patient; to describe such treatment alternatives; and to explain
654	the relative advantages, disadvantages, and risks associated
655	with the treatment alternatives to the extent deemed necessary
656	to allow the patient to make a prudent decision regarding such
657	treatment options. In compliance with this subsection:
658	(a)  The physician may, in her or his discretion:
659	1.  Orally communicate such information directly to the
660	patient or the patient's legal representative;
661	2.  Provide the patient or the patient's legal
662	representative with a copy of the written summary prepared in
663	accordance with s. 381.923(4)(o) 1004.435(4)(m) and express her
664	or his willingness to discuss the summary with the patient or
665	the patient's legal representative; or
666	3.  Both communicate such information directly and provide
667	a copy of the written summary to the patient or the patient's
668	legal representative for further consideration and possible
669	later discussion.
670
671	Nothing in this subsection shall reduce other provisions of law
672	regarding informed consent.
673	Section 7.  Section 1004.435, Florida Statutes, is
674	repealed.
675	Section 8.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.