Home
Menu
904-383-7448
F.S. 395.002 on Google Scholar

F.S. 395.002 on Casetext

Amendments to 395.002


The 2022 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 395
HOSPITAL LICENSING AND REGULATION
View Entire Chapter
F.S. 395.002 Florida Statutes and Case Law
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 comparable licensure regulations required by the state.
(2) “Agency” means the Agency for Health Care Administration.
(3) “Ambulatory surgical center” means a facility, the primary purpose of which is to provide elective surgical care, in which the patient is admitted to and discharged from such facility within 24 hours, and which is not part of a hospital. However, a facility existing for the primary purpose of performing terminations of pregnancy, an office maintained by a physician for the practice of medicine, or an office maintained for the practice of dentistry may not be construed to be an ambulatory surgical center, provided that any facility or office which is certified or seeks certification as a Medicare ambulatory surgical center shall be licensed as an ambulatory surgical center pursuant to s. 395.003.
(4) “Biomedical waste” means any solid or liquid waste as defined in s. 381.0098(2)(a).
(5) “Clinical privileges” means the privileges granted to a physician or other licensed health care practitioner to render patient care services in a hospital, but does not include the privilege of admitting patients.
(6) “Department” means the Department of Health.
(7) “Director” means any member of the official board of directors as reported in the organization’s annual corporate report to the Florida Department of State, or, if no such report is made, any member of the operating board of directors. The term excludes members of separate, restricted boards that serve only in an advisory capacity to the operating board.
(8) “Emergency medical condition” means:
(a) A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
1. Serious jeopardy to patient health, including a pregnant woman or fetus.
2. Serious impairment to bodily functions.
3. Serious dysfunction of any bodily organ or part.
(b) With respect to a pregnant woman:
1. That there is inadequate time to effect safe transfer to another hospital prior to delivery;
2. That a transfer may pose a threat to the health and safety of the patient or fetus; or
3. That there is evidence of the onset and persistence of uterine contractions or rupture of the membranes.
(9) “Emergency services and care” means medical screening, examination, and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility.
(10) “General hospital” means any facility which meets the provisions of subsection (12) and which regularly makes its facilities and services available to the general population.
(11) “Governmental unit” means the state or any county, municipality, or other political subdivision, or any department, division, board, or other agency of any of the foregoing.
(12) “Hospital” means any establishment that:
(a) Offers services more intensive than those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and
(b) Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent, except that a critical access hospital, as defined in s. 408.07, shall not be required to make available treatment facilities for surgery, obstetrical care, or similar services as long as it maintains its critical access hospital designation and shall be required to make such facilities available only if it ceases to be designated as a critical access hospital.

However, the provisions of this chapter do not apply to any institution conducted by or for the adherents of any well-recognized church or religious denomination that depends exclusively upon prayer or spiritual means to heal, care for, or treat any person. For purposes of local zoning matters, the term “hospital” includes a medical office building located on the same premises as a hospital facility, provided the land on which the medical office building is constructed is zoned for use as a hospital; provided the premises were zoned for hospital purposes on January 1, 1992.

(13) “Hospital-based off-campus emergency department” means a facility that:
(a) Provides emergency services and care;
(b) Is owned and operated by a licensed hospital and operates under the license of the hospital; and
(c) Is located on separate premises from the hospital.
(14) “Hospital bed” means a hospital accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing, and which conforms to minimum space, equipment, and furnishings standards as specified by rule of the agency for the provision of services specified in this section to a single patient.
(15) “Initial denial determination” means a determination by a private review agent that the health care services furnished or proposed to be furnished to a patient are inappropriate, not medically necessary, or not reasonable.
(16) “Intensive residential treatment programs for children and adolescents” means a specialty hospital accredited by an accrediting organization as defined in subsection (1) which provides 24-hour care and which has the primary functions of diagnosis and treatment of patients under the age of 18 having psychiatric disorders in order to restore such patients to an optimal level of functioning.
(17) “Licensed facility” means a hospital or ambulatory surgical center licensed in accordance with this chapter.
(18) “Lifesafety” means the control and prevention of fire and other life-threatening conditions on a premises for the purpose of preserving human life.
(19) “Managing employee” means the administrator or other similarly titled individual who is responsible for the daily operation of the facility.
(20) “Medical staff” means physicians licensed under chapter 458 or chapter 459 with privileges in a licensed facility, as well as other licensed health care practitioners with clinical privileges as approved by a licensed facility’s governing board.
(21) “Medically necessary transfer” means a transfer made necessary because the patient is in immediate need of treatment for an emergency medical condition for which the facility lacks service capability or is at service capacity.
(22) “Person” means any individual, partnership, corporation, association, or governmental unit.
(23) “Premises” means those buildings, beds, and equipment located at the address of the licensed facility and all other buildings, beds, and equipment for the provision of hospital or ambulatory surgical care located in such reasonable proximity to the address of the licensed facility as to appear to the public to be under the dominion and control of the licensee. For any licensee that is a teaching hospital as defined in s. 408.07, reasonable proximity includes any buildings, beds, services, programs, and equipment under the dominion and control of the licensee that are located at a site with a main address that is within 1 mile of the main address of the licensed facility; and all such buildings, beds, and equipment may, at the request of a licensee or applicant, be included on the facility license as a single premises.
(24) “Private review agent” means any person or entity which performs utilization review services for third-party payors on a contractual basis for outpatient or inpatient services. However, the term shall not include full-time employees, personnel, or staff of health insurers, health maintenance organizations, or hospitals, or wholly owned subsidiaries thereof or affiliates under common ownership, when performing utilization review for their respective hospitals, health maintenance organizations, or insureds of the same insurance group. For this purpose, health insurers, health maintenance organizations, and hospitals, or wholly owned subsidiaries thereof or affiliates under common ownership, include such entities engaged as administrators of self-insurance as defined in s. 624.031.
(25) “Service capability” means all services offered by the facility where identification of services offered is evidenced by the appearance of the service in a patient’s medical record or itemized bill.
(26) “At service capacity” means the temporary inability of a hospital to provide a service which is within the service capability of the hospital, due to maximum use of the service at the time of the request for the service.
(27) “Specialty bed” means a bed, other than a general bed, designated on the face of the hospital license for a dedicated use.
(28) “Specialty hospital” means any facility which meets the provisions of subsection (12), and which regularly makes available either:
(a) The range of medical services offered by general hospitals but restricted to a defined age or gender group of the population;
(b) A restricted range of services appropriate to the diagnosis, care, and treatment of patients with specific categories of medical or psychiatric illnesses or disorders; or
(c) Intensive residential treatment programs for children and adolescents as defined in subsection (16).
(29) “Stabilized” means, with respect to an emergency medical condition, that no material deterioration of the condition is likely, within reasonable medical probability, to result from the transfer of the patient from a hospital.
(30) “Urgent care center” means a facility or clinic that provides immediate but not emergent ambulatory medical care to patients. The term includes:
(a) An offsite facility of a facility licensed under this chapter, or a joint venture between a facility licensed under this chapter and a provider licensed under chapter 458 or chapter 459, that does not require a patient to make an appointment and is presented to the general public in any manner as a facility where immediate but not emergent medical care is provided.
(b) A clinic organization that is licensed under part X of chapter 400, maintains three or more locations using the same or a similar name, does not require a patient to make an appointment, and holds itself out to the general public in any manner as a facility or clinic where immediate but not emergent medical care is provided.
(31) “Utilization review” means a system for reviewing the medical necessity or appropriateness in the allocation of health care resources of hospital services given or proposed to be given to a patient or group of patients.
(32) “Utilization review plan” means a description of the policies and procedures governing utilization review activities performed by a private review agent.
(33) “Validation inspection” means an inspection of the premises of a licensed facility by the agency to assess whether a review by an accrediting organization has adequately evaluated the licensed facility according to minimum state standards.
History.ss. 1, 4, ch. 82-125; ss. 26, 30, ch. 82-182; s. 33, ch. 87-92; s. 52, ch. 88-130; s. 4, ch. 89-527; s. 12, ch. 90-295; ss. 3, 98, ch. 92-289; s. 724, ch. 95-148; s. 23, ch. 98-89; s. 37, ch. 98-171; s. 2, ch. 98-303; s. 102, ch. 99-8; s. 206, ch. 99-13; s. 4, ch. 2002-400; s. 1, ch. 2005-81; s. 37, ch. 2007-230; s. 2, ch. 2011-122; s. 4, ch. 2012-66; s. 1, ch. 2012-160; s. 24, ch. 2018-24; s. 6, ch. 2019-138; s. 1, ch. 2021-112; s. 38, ch. 2022-4.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 395.002 on Google Scholar

F.S. 395.002 on Casetext

Amendments to 395.002


Arrestable Offenses / Crimes under Fla. Stat. 395.002
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.002.


Civil Citations / Citable Offenses under S395.002
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 395.002.


Annotations, Discussions, Cases:

  1. Hendley v. State

    58 So. 3d 296 (Fla. Dist. Ct. App. 2011)   Cited 13 times
    § 395.002(16).
    PAGE 298
  2. Florida Hosp. v. A.H.C.A

    823 So. 2d 844 (Fla. Dist. Ct. App. 2002)   Cited 45 times
    The term "brain damage" exists under the list of every potential injury, enumerated in section 395.002(15), Florida Statutes (1997), separate and apart from "[a]ny condition that results in a limitation of neurological, physical, or sensory function which continues after discharge from the facility." §§ 395.002(15)(b) and (j), Fla. Stat. (1997). Therefore, we agree with AHCA, that it is irrelevant under either term "injury" or "adverse or untoward incident," whether any "brain damage" in fact "continues after discharge from the facility."
    PAGE 848
  3. Resnick v. Avmed, Inc.

    693 F.3d 1317 (11th Cir. 2012)   Cited 411 times   18 Legal Analyses
    Florida Statute section 395.3025(4) states that “[p]atient records are confidential and must not be disclosed without the consent of the patient.” This statute is contained in a chapter regulating the licensure,development, establishment, and minimum standard enforcement of hospitals, ambulatory surgical centers, and mobile surgical facilities. Fla. Stat. § 395.001. Because AvMed is an integrated managed-care organization and not a hospital, ambulatory surgical center, or mobile surgical facility, AvMed is not subject to this statute. See Hendley v. State, 58 So.3d 296, 298 (Fla.Dist.Ct.App.2011) (finding that Fla. Stat. § 395.3025 only applies to licensed facilities defined in § 395.002(16) and not to pharmacies). Section 395.3025 does not purport to regulate AvMed's behavior, and so AvMed's failure to comply with the statute cannot serve as a basis for a negligence per se claim.
    PAGE 1329
  4. Turner v. U.S.

    514 F.3d 1194 (11th Cir. 2008)   Cited 121 times
    The district court found that NHJ was analogous to a private hospital that treats only a select group of patients. We disagree. Under § 395.002(28) of the Florida Code, a "[s]pecialty hospital" is defined as any facility meeting the definition of a "hospital" under subsection (12) of that section, and which restricts its services to (a) "a defined age or gender group of the population;" (b) the "diagnosis, care, and treatment of patients with specific categories of medical or psychiatric illnesses or disorders;" or (c) "[i]ntensive residential treatment programs" for patients under the age of 18. Fla. Stat. § 395.002(28)(a)-(c). By contrast, within NHJ's beneficiary population, NHJ provides medical care and treatment to all persons; it does not restrict its services to certain subclasses of that population. Therefore, we find NHJ to be analogous to a state-licensed general hospital, not a specialty hospital that provides care only to a select group of patients. We reverse the district court's judgment with respect to the issue of the GSA's applicability to NHJ.
    PAGE 1206
  5. Cespedes v. Yellow Transp., Inc.

    CASE NO. 1D12-0677 (Fla. Dist. Ct. App. Apr. 24, 2013)
    Under section 395.002( 10), "emergency services and care" begin when a physician undertakes a medical screening, examination, or evaluation to determine whether an emergency medical condition exists. See § 395.002( 10), Fla. Stat. (2005). Thus, the questions that arise as to whether emergency care or services have been provided -- which are related to, but not dispositive of, the issue of whether such care is compensable under chapter 440 -- are the following: (1) whether the service provider is a licensed physician (or other appropriate personnel acting under the supervision of a physician); (2) whether an evaluation, screening, or examination was conducted by that physician (or other authorized personnel); and (3) whether such care was undertaken by the physician with the intent of determining "if an emergency medical condition exists." See § 395.002( 10), Fla. Stat. (2005). Under normal circumstances, these simple questions can be answered without resort to medical opinion testimony. If each of the questions is answered in the affirmative, then under section 395.002, and thereby under section 440.13(2), "emergency services and care" have…
    PAGE 12
  6. Tarpon Springs Hospital Foundation, Inc. v. Reth

    40 So. 3d 823 (Fla. Dist. Ct. App. 2010)   Cited 8 times
    Chapter 395 of the Florida Statutes addresses hospital licensing and regulation. Section 395.002(13)(b) defines a hospital as an establishment that, among other things, regularly makes available treatment facilities for surgery. Section 395.1055 authorizes the Agency for Health Care Administration (the Agency) to adopt rules pertaining to hospital licensing and regulation. Section 395.1055(1)(a) provides as follows:
    PAGE 826
  7. Weeks v. Birth-Related

    977 So. 2d 616 (Fla. Dist. Ct. App. 2008)   Cited 6 times
    Central to the decisions in Alexander, Ruiz, and Ortiz, and central to resolution of the issue in the instant case, are the provisions of section 766.316 that specify when notice is excused: "Notice need not be given to a patient when the patient has an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable." § 766.316, Fla. Stat. (2002). Because section 766.316 expressly adopts the definition of "emergency medical condition" set forth in section 395.002(9)(b), it is appropriate to consider the provisions of the latter statute in ascertaining the meaning of the exemption provisions in the former. See Forsythe v. Longboat Key Beach Erosion Control Dist, 604 So.2d 452, 454 (Fla. 1992) (holding that pertinent statutes should be read together and considered in pari materia in determining the meaning of a statute and legislative intent). Section 395.002(9)(b), Florida Statutes (2002), defines "emergency medical condition," as that term is used with respect to a pregnant woman, as meaning:
    PAGE 624
  8. Cespedes, 130 So.3d at 254 (quoting § 395.002(9)(a), Fla. Stat. (2005) ).
    PAGE 856
  9. Fla. Neuro. Injury v. Dept. of Admin. Hearings

    29 So. 3d 992 (Fla. 2010)   Cited 25 times
    Although NICA does not define the term "staff," section 395.002(19), Florida Statutes (1997), the chapter relating to hospital regulations and licensing, defines "medical staff as "physicians licensed . . . with privileges in a licensed facility, as well as other licensed health care practitioners with clinical privileges as approved by a licensed facility's governing board." Section 395.002(6) defines "clinical privileges" as "the privileges granted to a physician or other licensed health care practitioner to render patient care services in a hospital." Accordingly, Bayfront is not excluded from the requirement of giving notice unless Bayfront has no participating physicians with staff privileges.
    PAGE 999