Bill Text: FL S0720 | 2011 | Regular Session | Comm Sub
Bill Title: Cancer Research and Control
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0720 Detail]
Download: Florida-2011-S0720-Comm_Sub.html
Florida Senate - 2011 CS for SB 720
By the Committee on Higher Education; and Senator Gaetz
589-03791-11 2011720c1
1 A bill to be entitled
2 An act relating to cancer research and control;
3 amending s. 20.435, F.S.; changing the carryforward
4 period of certain funds of the Biomedical Research
5 Trust Fund; amending s. 215.5602, F.S.; modifying the
6 terms and membership and establishing a staggered
7 membership for appointed members of the Biomedical
8 Research Advisory Council; authorizing the council to
9 recommend a portion of the allocation for the James
10 and Esther King Biomedical Research Program for
11 specified purposes and to develop a grant application
12 and review mechanism; prohibiting any member of the
13 council from participating in council or peer-review
14 panel discussions or decisions regarding certain
15 proposals; authorizing the Department of Health to
16 accept and use gifts for awards under the program;
17 amending s. 381.922, F.S.; revising the purpose of the
18 William G. “Bill” Bankhead, Jr., and David Coley
19 Cancer Research Program; revising the types of
20 applications considered for funding; authorizing the
21 Biomedical Research Advisory Council to recommend a
22 portion of the allocation for the program for
23 specified purposes and to develop a grant application
24 and review mechanism; prohibiting any member of the
25 council from participating in council or panel
26 discussions or decisions regarding certain proposals;
27 requiring the department to submit to the Governor and
28 Legislature a report by a specified date; authorizing
29 the Department of Health to accept and use gifts for
30 awards under the program; creating s. 381.923, F.S.;
31 creating the Florida Comprehensive Cancer Control Act;
32 providing legislative intent; providing definitions;
33 creating the Florida Cancer Control and Resource
34 Advisory Council; providing membership of the council;
35 providing the composition of the executive committee
36 of the council; providing for terms of the council and
37 meetings; providing for reimbursement for per diem and
38 travel expenses; prohibiting a member of the council
39 from participating in any discussion or decision to
40 recommend any type of award or contract to any
41 qualified nonprofit association or to any agency of
42 this state or a political subdivision of the state
43 with which the member is associated as an employee or
44 as a member of the governing body or with which the
45 member has entered into a contractual arrangement;
46 providing the duties and responsibilities of the
47 council; requiring the council to report findings and
48 recommendations to the Governor, the Legislature, and
49 the State Surgeon General; requiring the council to
50 develop or purchase written summaries regarding
51 medically viable treatment alternatives for the
52 management of breast cancer and prostate cancer;
53 providing requirements for the written summaries;
54 requiring the council to develop and implement
55 education programs regarding early detection and
56 treatment of breast cancer and prostate cancer;
57 requiring that the H. Lee Moffitt Cancer Center and
58 Research Institute, Inc., provide an executive
59 director for the council; authorizing the Department
60 of Health to adopt rules to administer s. 381.923,
61 F.S.; requiring the department to produce the Florida
62 Cancer Plan in consultation with the council; creating
63 the Cancer Control Collaborative Program within the
64 Department of Health; providing the responsibility and
65 mission of the program; requiring the department to
66 appoint a director; providing duties for each regional
67 cancer control collaborative; requiring the
68 collaborative program to submit to the council an
69 annual report by a specified date; requiring the
70 program to serve as the infrastructure for expansion
71 or adaption as federal programs or other opportunities
72 arise for future cancer control initiatives; amending
73 ss. 458.324 and 459.0125, F.S.; conforming cross
74 references; repealing s. 1004.435, F.S., relating to
75 cancer control and research; providing an effective
76 date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Paragraph (c) of subsection (8) of section
81 20.435, Florida Statutes, is amended to read:
82 20.435 Department of Health; trust funds.—The following
83 trust funds shall be administered by the Department of Health:
84 (8) Biomedical Research Trust Fund.
85 (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
86 any balance of any appropriation from the Biomedical Research
87 Trust Fund which is not disbursed but which is obligated
88 pursuant to contract or committed to be expended may be carried
89 forward for up to 5 3 years after following the effective date
90 of the original appropriation.
91 Section 2. Subsections (2), (3), (5), and (7) of section
92 215.5602, Florida Statutes, are amended, and subsection (13) is
93 added to that section, to read:
94 215.5602 James and Esther King Biomedical Research
95 Program.—
96 (2) Funds appropriated for the James and Esther King
97 Biomedical Research Program shall be used exclusively for the
98 award of grants and fellowships as established in this section;
99 for research relating to the prevention, diagnosis, treatment,
100 and cure of diseases related to tobacco use, including cancer,
101 cardiovascular disease, stroke, and pulmonary disease; and for
102 expenses incurred in the administration of this section; and as
103 provided in subsection (5). Priority shall be granted to
104 research designed to prevent or cure disease.
105 (3) There is created within the Department of Health the
106 Biomedical Research Advisory Council.
107 (a) The council shall consist of 12 11 members, including:
108 the chief executive officer of the Florida Division of the
109 American Cancer Society, or a designee; the chief executive
110 officer of the Greater Southeast Florida/Puerto Rico Affiliate
111 of the American Heart Association, or a designee; and the chief
112 executive officer of the American Lung Association of Florida,
113 or a designee; and the chief executive officer of BioFlorida, or
114 a designee. The remaining 8 members of the council shall be
115 appointed as follows:
116 1. The Governor shall appoint four members, two members
117 with expertise in the field of biomedical research, one member
118 from a research university in the state, and one member
119 representing the general population of the state.
120 2. The President of the Senate shall appoint two members,
121 one member with expertise in the field of behavioral or social
122 research and one representative from a cancer program approved
123 by the American College of Surgeons.
124 3. The Speaker of the House of Representatives shall
125 appoint two members, one member from a professional medical
126 organization and one representative from a cancer program
127 approved by the American College of Surgeons.
128
129 In making these appointments, the Governor, the President of the
130 Senate, and the Speaker of the House of Representatives shall
131 select primarily, but not exclusively, Floridians with
132 biomedical and lay expertise in the general areas of cancer,
133 cardiovascular disease, stroke, and pulmonary disease. The
134 appointments shall be for 4-year staggered terms a 3-year term
135 and shall reflect the diversity of the state’s population. An
136 appointed member may not serve more than two consecutive terms.
137 The first two appointments by the Governor and the first
138 appointment by the President of the Senate and the Speaker of
139 the House of Representatives on or after July 1, 2011, shall be
140 for a term of 2 years each.
141 (b) The council shall adopt internal organizational
142 procedures as necessary for its efficient organization.
143 (c) The department shall provide such staff, information,
144 and other assistance as is reasonably necessary to assist the
145 council in carrying out its responsibilities.
146 (d) Members of the council shall serve without
147 compensation, but may receive reimbursement as provided in s.
148 112.061 for travel and other necessary expenses incurred in the
149 performance of their official duties.
150 (5)(a) Applications for biomedical research funding under
151 the program may be submitted from any university or established
152 research institute in the state. All qualified investigators in
153 the state, regardless of institution affiliation, shall have
154 equal access and opportunity to compete for the research
155 funding.
156 (b) Grants and fellowships shall be awarded by the State
157 Surgeon General, after consultation with the council, on the
158 basis of scientific merit, as determined by an open competitive
159 peer review process that ensures objectivity, consistency, and
160 high quality. The following types of applications shall be
161 considered for funding:
162 1. Investigator-initiated research grants.
163 2. Institutional research and training grants.
164 3. Predoctoral and postdoctoral research fellowships.
165 (c) For any given year, the council may also recommend up
166 to one-third of the allocation for the program for the
167 recruitment of cancer, heart, or lung disease researchers and
168 research teams to institutions in the state; for operational
169 start-up grants for newly recruited cancer, heart, or lung
170 disease research teams; and for equipment expenditures related
171 to the expansion of cancer, heart, or lung disease research and
172 treatment capacity in the state. For the purposes of
173 implementing this paragraph, the council may develop a grant
174 application and review mechanism other than the process for
175 reviewing research proposals prescribed in subsection (6);
176 however, such mechanism must ensure a fair and rigorous analysis
177 of the merit of any proposals considered under this paragraph.
178 (7) The council and the peer review panel shall establish
179 and follow rigorous guidelines for ethical conduct and adhere to
180 a strict policy with regard to conflict of interest. A member of
181 the council or panel may not participate in any council or panel
182 discussion or decision with respect to a research proposal, or
183 any proposal related to those projects contemplated in paragraph
184 (5)(c), by any firm, entity, or agency with which the member is
185 associated as a member of the governing body or as an employee,
186 or with which the member has entered into a contractual
187 arrangement. Meetings of the council and the peer review panels
188 shall be subject to the provisions of chapter 119, s. 286.011,
189 and s. 24, Art. I of the State Constitution.
190 (13) The Department of Health may accept gifts made
191 unconditionally by will or otherwise, deposit them into the
192 Biomedical Research Trust Fund, and use them for grant or
193 fellowship awards in the program. Any gift made under conditions
194 that, in the judgment of the department, upon consultation with
195 the council, are proper and consistent with this section, the
196 laws of the United States, and state law, may be accepted and
197 shall be held, invested, reinvested, and used in accordance with
198 the conditions of the gift.
199 Section 3. Section 381.922, Florida Statutes, is amended to
200 read:
201 381.922 William G. “Bill” Bankhead, Jr., and David Coley
202 Cancer Research Program.—
203 (1) The William G. “Bill” Bankhead, Jr., and David Coley
204 Cancer Research Program, which may be otherwise cited as the
205 “Bankhead-Coley Program,” is created within the Department of
206 Health. The purpose of the program shall be to advance progress
207 towards cures for cancer using through grants awarded through a
208 peer-reviewed, competitive process and to expand cancer research
209 and treatment capacity in this state.
210 (2) The program shall provide grants for cancer research,
211 including cancer clinical trials projects as provided in this
212 section, to further the search for cures for cancer; for
213 recruiting cancer researchers and research teams to institutions
214 in the state; for operational start-up grants for newly
215 recruited cancer researchers and research teams; or for
216 equipment expenditures related to the expansion of cancer
217 research and treatment capacity in the state.
218 (a) Emphasis shall be given to the following goals, as
219 those goals support the advancement of such cures:
220 1. Efforts to significantly expand cancer research capacity
221 in the state by:
222 a. Identifying ways to attract new research talent and
223 attendant national grant-producing researchers to cancer
224 research facilities in this state;
225 b. Implementing a peer-reviewed, competitive process to
226 identify and fund the best proposals to expand cancer research
227 institutes in this state;
228 c. Funding through available resources for those proposals
229 that demonstrate the greatest opportunity to attract federal
230 research grants and private financial support;
231 d. Encouraging the employment of bioinformatics in order to
232 create a cancer informatics infrastructure that enhances
233 information and resource exchange and integration through
234 researchers working in diverse disciplines, to facilitate the
235 full spectrum of cancer investigations;
236 e. Facilitating the technical coordination, business
237 development, and support of intellectual property as it relates
238 to the advancement of cancer research; and
239 f. Aiding in other multidisciplinary research-support
240 activities as they inure to the advancement of cancer research.
241 2. Efforts to improve both research and treatment through
242 greater participation in clinical trials networks by:
243 a. Identifying ways to increase adult enrollment in cancer
244 clinical trials;
245 b. Supporting public and private professional education
246 programs designed to increase the awareness and knowledge about
247 cancer clinical trials;
248 c. Providing tools to cancer patients and community-based
249 oncologists to aid in the identification of cancer clinical
250 trials available in the state; and
251 d. Creating opportunities for the state’s academic cancer
252 centers to collaborate with community-based oncologists in
253 cancer clinical trials networks.
254 3. Efforts to reduce the impact of cancer on disparate
255 groups by:
256 a. Identifying those cancers that disproportionately impact
257 certain demographic groups; and
258 b. Building collaborations designed to reduce health
259 disparities as they relate to cancer.
260 (b) Preference may be given to grant proposals that foster
261 collaborations among institutions, researchers, and community
262 practitioners, as such proposals support the advancement of
263 cures through basic or applied research, including clinical
264 trials involving cancer patients and related networks and the
265 transfer of knowledge gained from research into the practice of
266 community practitioners.
267 (3)(a) Applications for funding for cancer research may be
268 submitted by any university or established research institute in
269 the state. All qualified investigators in the state, regardless
270 of institutional affiliation, shall have equal access and
271 opportunity to compete for the research funding. Collaborative
272 proposals, including those that advance the program’s goals
273 enumerated in subsection (2), may be given preference. Grants
274 shall be awarded by the State Surgeon General, after
275 consultation with the Biomedical Research Advisory Council
276 established under s. 215.5602, on the basis of scientific merit,
277 as determined by an open, competitive peer review process that
278 ensures objectivity, consistency, and high quality. The
279 following types of applications shall be considered for funding:
280 1. Investigator-initiated research grants.
281 2. Institutional research and training grants.
282 3. Predoctoral and postdoctoral research fellowships.
283 4.3. Collaborative research grants, including those that
284 advance the finding of cures through basic or applied research.
285 5. Clinical trial project grants, particularly those
286 projects such as matching services that identify prospective
287 clinical trials treatment options for cancer patients in this
288 state or those projects that otherwise foster greater rates of
289 participation in trials. At least one such grant shall be
290 awarded in any given year if a meritorious proposal or proposals
291 are received. Such project grant proposals are not required to
292 be posed as a research question in order to qualify for an
293 award.
294 (b) For any given year, the council may recommend up to
295 one-third of the allocation for grants by the program for the
296 recruitment of cancer researchers and research teams to
297 institutions in the state, for operational start-up grants for
298 newly recruited cancer researchers and research teams, or for
299 equipment expenditures related to the expansion of cancer
300 research and treatment capacity in the state. For the purposes
301 of implementing this paragraph, the council may develop a grant
302 application and review mechanism other than the process for
303 reviewing research proposals prescribed in paragraph (c);
304 however, such mechanism shall ensure a fair and rigorous
305 analysis of the merit of any proposals considered under this
306 paragraph.
307 (c)(b) In order to ensure that all proposals for research
308 funding are appropriate and are evaluated fairly on the basis of
309 scientific merit, the State Surgeon General, in consultation
310 with the council, shall appoint a peer review panel of
311 independent, scientifically qualified individuals to review the
312 scientific content of each proposal and establish its priority
313 score. The priority scores shall be forwarded to the council and
314 must be considered in determining which proposals shall be
315 recommended for funding.
316 (d)(c) The council and the peer review panel shall
317 establish and follow rigorous guidelines for ethical conduct and
318 adhere to a strict policy with regard to conflicts of interest.
319 A member of the council or panel may not participate in any
320 council or panel discussion or decision with respect to a
321 research proposal, or any proposal related to those projects
322 contemplated in paragraph (b), by any firm, entity, or agency
323 with which the member is associated as a member of the governing
324 body or as an employee or with which the member has entered into
325 a contractual arrangement. Meetings of the council and the peer
326 review panels are subject to chapter 119, s. 286.011, and s. 24,
327 Art. I of the State Constitution.
328 (4) By February 1 December 15 of each year, the council
329 Department of Health shall submit to the Governor, the President
330 of the Senate, and the Speaker of the House of Representatives a
331 report indicating progress towards the program’s mission and
332 making recommendations that further its purpose.
333 (5) The William G. “Bill” Bankhead, Jr., and David Coley
334 Cancer Research program is funded pursuant to s. 215.5602(12).
335 Funds appropriated for the William G. “Bill” Bankhead, Jr., and
336 David Coley Cancer Research program shall be distributed
337 pursuant to this section to provide grants to researchers
338 seeking cures for cancer and cancer-related illnesses, with
339 emphasis given to the goals enumerated in this section. From the
340 total funds appropriated, an amount of up to 10 percent may be
341 used for administrative expenses. From funds appropriated to
342 accomplish the goals of this section, up to $250,000 shall be
343 available for the operating costs of the Florida Center for
344 Universal Research to Eradicate Disease.
345 (6) The Department of Health may accept gifts made
346 unconditionally by will or otherwise, deposit them into the
347 Biomedical Research Trust Fund, and use them for grant or
348 fellowship awards in the program. Any gift made under conditions
349 that, in the judgment of the department, upon consultation with
350 the council, are proper and consistent with this section, the
351 laws of the United States, and state law, may be accepted and
352 shall be held, invested, reinvested, and used in accordance with
353 the conditions of the gift.
354 Section 4. Section 381.923, Florida Statutes, is created to
355 read:
356 381.923 Comprehensive Cancer Control.—
357 (1) SHORT TITLE.—This section may be cited as the “Florida
358 Comprehensive Cancer Control Act.”
359 (2) LEGISLATIVE INTENT.—It is the finding of the
360 Legislature that:
361 (a) Advances in scientific knowledge have led to
362 prevention, early detection, and therapeutic capabilities in the
363 control of cancer. Such knowledge, screening technologies, and
364 therapies must be made available to all residents of this state.
365 (b) Research shows that certain lifestyles and exposures,
366 such as tobacco use, exposure to ultraviolet radiation from the
367 sun, and exposure to occupational and environmental carcinogens,
368 contribute to the risk for many types of cancer and that certain
369 screening tests are effective in diagnosing cancer early when it
370 is more treatable. The role of diet, exercise, and other healthy
371 lifestyles are also important in cancer prevention and control.
372 Proven causes of cancer and methods for early detection should
373 be publicized and be the subject of linguistically and
374 culturally appropriate educational and awareness programs for
375 the prevention of cancer.
376 (c) An effective cancer control program would mobilize the
377 scientific, educational, and medical resources that presently
378 exist into an intense attack against this dreaded disease, with
379 the primary goal to reduce the cancer burden for the residents
380 of this state.
381 (3) DEFINITIONS.—As used in this section, the term:
382 (a) “Cancer” means all malignant neoplasms, regardless of
383 the tissue of origin, including lymphoma and leukemia.
384 (b) “Council” means the Florida Cancer Control and Resource
385 Advisory Council.
386 (c) “Department” means the Department of Health.
387 (d) “Plan” means the Florida Cancer Plan.
388 (e) “Program” means the Florida Cancer Control
389 Collaborative Program.
390 (f) “Qualified nonprofit association” means any
391 association, incorporated or unincorporated, which has received
392 tax-exempt status from the Internal Revenue Service.
393 (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
394 CREATION; COMPOSITION.—
395 (a) There is created within the H. Lee Moffitt Cancer
396 Center and Research Institute, Inc., the Florida Cancer Control
397 and Resource Advisory Council, which is an advisory body
398 appointed to function on a continuing basis to recommend
399 solutions and policy alternatives to the Governor, members of
400 the Legislature, the State Surgeon General, and other
401 policymakers. The council shall consist of cancer organizational
402 representation and cancer control stakeholders, with a
403 chairperson elected by the council membership for a term of 2
404 years. Each council member must be a resident of this state. The
405 Governor shall appoint three members representing the general
406 public, with the initial appointments being for terms of 1 year,
407 2 years, and 3 years, respectively, beginning July 1, 2012.
408 Thereafter, gubernatorial appointments to the council shall be
409 for terms of 3 years. The President of the Senate and the
410 Speaker of the House of Representatives shall each appoint one
411 member from his or her legislative body to serve on the council
412 at any given time. Each of the following organizations shall
413 designate a representative to serve on the council:
414 1. H. Lee Moffitt Cancer Center and Research Institute,
415 Inc.
416 2. University of Florida Shands Cancer Center.
417 3. University of Miami Sylvester Comprehensive Cancer
418 Center.
419 4. Mayo Clinic, Florida.
420 5. M.D. Anderson Cancer Center, Florida.
421 6. American Cancer Society, Florida Division.
422 7. American Lung Association of the Southeast.
423 8. American Association for Retired Persons.
424 9. Department of Health.
425 10. Department of Education.
426 11. Florida Tumor Registrars Association.
427 12. Florida Cancer Data System.
428 13. Florida Society of Oncology Social Workers.
429 14. Florida Oncology Nurses Society.
430 15. Florida Society of Clinical Oncology.
431 16. Florida Association of Pediatric Tumor Programs, Inc.
432 17. Florida Medical Association.
433 18. Florida Hospital Association.
434 19. Florida Nursing Association.
435 20. Florida Dental Association.
436 21. Florida Osteopathic Association.
437 22. University of Florida College of Medicine.
438 23. Florida Academy of Family Physicians.
439 24. University of Miami College of Medicine.
440 25. University of South Florida College of Medicine.
441 26. Florida State University College of Medicine.
442 27. University of Central Florida College of Medicine.
443 28. Nova Southeastern College of Osteopathic Medicine.
444 29. Florida International University College of Medicine.
445 30. Lake Erie School of Osteopathic Medicine.
446 31. Biomedical Research Advisory Council.
447 32. Center for Universal Research to Eradicate Disease.
448 33. A representative from each of the regional cancer
449 control collaboratives.
450 (b) An executive committee, which shall be responsible for
451 coordinating the activities and planning the direction of the
452 full council, shall be comprised of the council’s elected
453 chairperson, one at-large member elected by the full council,
454 and the members representing the Department of Health, the
455 American Cancer Society, the H. Lee Moffitt Cancer Center and
456 Research Institute, Inc., the University of Florida Shands
457 Cancer Center, and the University of Miami Sylvester
458 Comprehensive Cancer Center, as well as the appointee of the
459 President of the Senate, the appointee of the Speaker of the
460 House of Representatives, and one of the gubernatorial
461 appointees, who shall be designated by the council’s
462 chairperson. If the council chairperson is a designee of one of
463 the entities named in this paragraph, the full council shall
464 elect a second at-large position to serve on the executive
465 committee. The elected positions on the executive committee
466 shall be for terms of 2 years.
467 (c) The council shall meet at least semiannually. A
468 majority of members shall constitute a quorum for the purpose of
469 exercising all of the powers of the council.
470 (d) The council members shall serve without compensation,
471 but are entitled to reimbursement for per diem and travel
472 expenses as provided in s. 112.061.
473 (e) A member of the council may not participate in any
474 council discussion or decision to recommend any type of award or
475 contract to any qualified nonprofit association or to any agency
476 of this state or a political subdivision of the state with which
477 the member is associated as an employee or as a member of the
478 governing body or with which the member has entered into a
479 contractual arrangement.
480 (f) The council may prescribe, amend, and repeal bylaws
481 governing the manner in which the business of the council is
482 conducted.
483 (g) The council shall advise the Governor, the Legislature,
484 the State Surgeon General, and other state policymakers with
485 respect to cancer control and resources in this state.
486 (h) The council shall approve a plan for cancer control, to
487 be known as the “Florida Cancer Control Plan,” which shall be
488 consistent to the extent possible with other cancer or health
489 related state plans and integrated and coordinated with existing
490 programs in this state. The council shall review and approve the
491 plan at least every 2 years.
492 (i) The council shall formulate and recommend to the
493 Governor, the Legislature, the State Surgeon General, and other
494 state policymakers a plan for the prevention and early detection
495 of cancer which is evidence-based and consistent with standards
496 of practice and supported by evidence-based medicine. The State
497 Surgeon General and other state policymakers shall consider the
498 plan in developing departmental priorities and funding
499 priorities and standards under chapter 385.
500 (j) The council shall provide expertise, input, and
501 recommendations regarding the content and development of the
502 Florida Cancer Plan and the coordination and integration of
503 other state plans concerning cancer control.
504 (k) The council may establish committees to develop
505 strategies for taking action regarding:
506 1. Cancer plan evaluation, including the creation of a
507 tumor registry, data retrieval systems, and the epidemiology of
508 cancer in the state.
509 2. Cancer prevention.
510 3. Cancer detection.
511 4. Cancer treatments.
512 5. Support services for cancer patients and caregivers.
513 6. Cancer education for laypersons and professionals.
514 7. Other cancer-control-related topics.
515 (l) The council shall advise the State Surgeon General on
516 methods of enforcing and implementing laws already enacted that
517 relate to cancer control.
518 (m) The council may recommend to the State Surgeon General
519 rules consistent with law as it may deem necessary for the
520 performance of its duties and the proper administration of this
521 section.
522 (n) The council shall be physically located at the H. Lee
523 Moffitt Cancer Center and Research Institute, Inc.
524 (o) By December 1 of each year, the council shall report
525 its findings and recommendations to the Governor, the President
526 of the Senate, the Speaker of the House of Representatives, and
527 the State Surgeon General.
528 (p) Subject to specific appropriations by the Legislature,
529 the council shall develop or purchase standardized written
530 summaries, written in language easily understood by the average
531 adult, to inform persons who have or who are at high risk of
532 being diagnosed with breast cancer or who have prostate cancer
533 or are considering prostate cancer screening of the medically
534 viable treatment alternatives available to effectively manage
535 breast cancer or prostate cancer; describe treatment options;
536 and explain the advantages, disadvantages, and risks associated
537 with each treatment option. The summaries shall be printed in
538 the form of a pamphlet or booklet and made continuously
539 available to physicians and surgeons in the state for their use
540 in accordance with s. 458.324 and to osteopathic physicians in
541 this state for their use in accordance with s. 459.0125. The
542 council shall periodically update both summaries to reflect
543 current standards of medical practice in the treatment of breast
544 cancer and prostate cancer.
545 (q) Subject to specific appropriations by the Legislature,
546 the council shall develop and implement educational programs,
547 including distribution of the summaries developed or purchased
548 under paragraph (p), to inform citizen groups, associations, and
549 voluntary organizations about early detection and treatment of
550 breast cancer and prostate cancer.
551 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
552 AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.—
553 (a) The H. Lee Moffitt Cancer Center and Research
554 Institute, Inc., shall provide a full-time executive director to
555 coordinate, facilitate, and communicate the mission and
556 responsibilities of the council. Additional administrative
557 support, information, and other assistance shall also be
558 provided as reasonably necessary for the completion of the
559 responsibilities of the council.
560 (b) The Department of Health, after consultation with the
561 council, may adopt rules necessary to administer this section.
562 (c) The Florida Cancer Plan is established within the
563 Department of Health. The department shall consult with the
564 council in developing the plan, prioritizing goals, and
565 allocating resources.
566 (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; CREATION;
567 COMPOSITION.—
568 (a) The Cancer Control Collaborative Program is established
569 within the Department of Health and resides within the
570 Comprehensive Cancer Control Program. The program is responsible
571 for overseeing and providing infrastructure for the state cancer
572 collaborative network. The primary mission of the program is to
573 implement the plan’s initiatives and identify and facilitate the
574 local development of solutions to cancer control needs of the
575 populations served by the regional cancer control
576 collaboratives. The program shall prioritize programs and
577 resources to reduce the burden of cancer in this state,
578 consistent with the plan.
579 (b) The department shall appoint a director, who is
580 responsible for supervising the program, and provide, at a
581 minimum, centralized organization, communications, information
582 technology, shared resources, and cancer control expertise to
583 the regional cancer control collaboratives.
584 (c) Each regional cancer control collaborative shall bring
585 together local cancer stakeholders, develop bylaws, identify and
586 prioritize cancer control needs of its region, and develop
587 solutions to solve problems, consistent with the plan and the
588 goal of reducing the burden of cancer in this state. Each
589 collaborative shall meet at least semiannually and send
590 representation to the council meetings.
591 (d) By October 15 of each year, the program shall submit an
592 annual report to the council. The council shall have input into
593 the prioritization of programs and proposed allocation of
594 resources in the program consistent with the plan.
595 (e) The program shall serve as the infrastructure for
596 expansion or adaptation as federal programs or other
597 opportunities arise for future cancer control initiatives. The
598 development of the infrastructure for local cancer control
599 collaboratives, to the extent possible, shall be designed to
600 leverage opportunities for funding from the United States
601 Centers for Disease Control and Prevention or other federal
602 sources.
603 Section 5. Subsection (1) and paragraph (a) of subsection
604 (2) of section 458.324, Florida Statutes, are amended to read:
605 458.324 Breast cancer; information on treatment
606 alternatives.—
607 (1) DEFINITION.—As used in this section, the term
608 “medically viable,” as applied to treatment alternatives, means
609 modes of treatment generally considered by the medical
610 profession to be within the scope of current, acceptable
611 standards, including treatment alternatives described in the
612 written summary prepared by the Florida Cancer Control and
613 Resource Research Advisory Council in accordance with s.
614 381.923(4)(o) 1004.435(4)(m).
615 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
616 treating a patient who is, or in the judgment of the physician
617 is at high risk of being, diagnosed as having breast cancer
618 shall inform such patient of the medically viable treatment
619 alternatives available to such patient; shall describe such
620 treatment alternatives; and shall explain the relative
621 advantages, disadvantages, and risks associated with the
622 treatment alternatives to the extent deemed necessary to allow
623 the patient to make a prudent decision regarding such treatment
624 options. In compliance with this subsection:
625 (a) The physician may, in his or her discretion:
626 1. Orally communicate such information directly to the
627 patient or the patient’s legal representative;
628 2. Provide the patient or the patient’s legal
629 representative with a copy of the written summary prepared in
630 accordance with s. 381.923(4)(o) 1004.435(4)(m) and express a
631 willingness to discuss the summary with the patient or the
632 patient’s legal representative; or
633 3. Both communicate such information directly and provide a
634 copy of the written summary to the patient or the patient’s
635 legal representative for further consideration and possible
636 later discussion.
637
638 Nothing in this subsection shall reduce other provisions of law
639 regarding informed consent.
640 Section 6. Subsection (1) and paragraph (a) of subsection
641 (2) of section 459.0125, Florida Statutes, are amended to read:
642 459.0125 Breast cancer; information on treatment
643 alternatives.—
644 (1) DEFINITION.—As used in this section, the term
645 “medically viable,” as applied to treatment alternatives, means
646 modes of treatment generally considered by the medical
647 profession to be within the scope of current, acceptable
648 standards, including treatment alternatives described in the
649 written summary prepared by the Florida Cancer Control and
650 Resource Research Advisory Council in accordance with s.
651 381.923(4)(o) 1004.435(4)(m).
652 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
653 obligation of every physician treating a patient who is, or in
654 the judgment of the physician is at high risk of being,
655 diagnosed as having breast cancer to inform such patient of the
656 medically viable treatment alternatives available to such
657 patient; to describe such treatment alternatives; and to explain
658 the relative advantages, disadvantages, and risks associated
659 with the treatment alternatives to the extent deemed necessary
660 to allow the patient to make a prudent decision regarding such
661 treatment options. In compliance with this subsection:
662 (a) The physician may, in her or his discretion:
663 1. Orally communicate such information directly to the
664 patient or the patient’s legal representative;
665 2. Provide the patient or the patient’s legal
666 representative with a copy of the written summary prepared in
667 accordance with s. 381.923(4)(o) 1004.435(4)(m) and express her
668 or his willingness to discuss the summary with the patient or
669 the patient’s legal representative; or
670 3. Both communicate such information directly and provide a
671 copy of the written summary to the patient or the patient’s
672 legal representative for further consideration and possible
673 later discussion.
674
675 Nothing in this subsection shall reduce other provisions of law
676 regarding informed consent.
677 Section 7. Section 1004.435, Florida Statutes, is repealed.
678 Section 8. This act shall take effect July 1, 2011.
