59A-5.005. Governing Board

(1) The center’s organization shall have an effective governing authority responsible for the legal and ethical conduct of the center. The governing board in fulfilling its responsibility shall be organized under approved written bylaws, rules and regulations which shall:

(a) State the qualifications for governing board membership, and the method of selecting members as well as the terms of appointment or election of members, officers and chairmen of committees. Where legally permissible, physicians who are members of the medical staff shall be eligible for, and should be included in, full membership of the centers’ governing board and its action committees in the same manner as are other knowledgeable and effective individuals. Also, any other member of the medical staff shall be considered eligible for membership of the governing board.

(b) Provide for the designation of officers, their duties, and for the organization of the governing board into essential committees with the number and type consistent with the size and scope of the center’s activities.

(c) Coordinate through an executive committee or the governing board as a whole, the policies and activities of the center and special committees established by the governing board.

(d) Specify the frequency of meetings, at regular stated intervals, with a majority of the members constituting a quorum and with the requirement that minutes be recorded and made available to all members of the governing board.

(e) Establish the position of administrator, the incumbent of which shall be responsible for operation and maintenance of the center as a functioning institution, and define the methods established by the governing board for holding such designated person responsible.

(f) Provide for the appointment, reappointment, or dismissal of members of the medical staff through a credentialing committee or its equivalent and a procedure for hearing and appeal. No action on appointment, reappointment or dismissal shall be taken without prior referral to the credentialing committee for their recommendation, provided that the governing board may suspend an medical staff member pending final determination of any reappointment or dismissal. The governing board shall only appoint members of the medical staff as recommended by the credentialing committee.

(g) Provide for the approval of the bylaws, rules and regulations of the medical staff.

(h) Require that every patient shall be admitted by and remain under the care of a member of the medical staff.

(i) Require that all medications, treatments and procedures shall be administered upon specific orders of a member of the medical staff.

(j) Require that all attending medical staff members who do not have admitting privileges at an acute care general hospital document a written agreement with a physician who has staff privileges with one or more acute care general hospitals licensed by the state to accept any patient who requires continuing care; or

(k) Ensure that there is a written center agreement, with one or more acute care general hospitals licensed by the state, which will admit any patient referred who requires continuing care.

(l) Provide for a formal and official means of liaison among the medical staff, the governing board, and the administrator to provide a channel for administrative advice.

(m) Specify the classification of services to be provided in the center and list authorized surgical procedures.

(2) Where a physician serves as the licensee and governing board, the articles of incorporation or other written organizational plan shall describe the manner in which the licensee executes the governing board responsibility.

Rulemaking Authority 395.1055 FS. Law Implemented 393.0191, 395.1055 FS. History–New 6-14-78, Amended 3-3-80, Formerly 10D-30.05, 10D-30.005, Amended 11-13-95, 9-17-14.