Paper Example on Understanding the Basics of Statutory Law

The Cambridge online dictionary defines a statute as any law that is formally written, and enacted by a legislative body to govern, command, or prohibit particular actions within the legislative body's area of jurisdiction. Additionally, statutes can be used to declare a specific policy that is in operation. Statutes are different from law precedents and case law, which are both determined by courts of law. Often, statutes originate from a government entity, with authority to legislate, and enact laws within a city, state, or country through formal consent. Within the State of Florida, legislative power lies with the State Legislature. This government entity is bicameral, with the Florida Senate being the upper House and the House of Representative being the lower House. The legislature comprises 160 legislators, of which 40 make up the Senate and 120 make up the House.

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By enacting and amending existing laws that are operational within the State, the legislature in Florida affects the operations of all institutions and individuals within its jurisdiction. One such area where the impact of the legislature has been felt in the Florida healthcare and public health sector. According to Peaden (2005), the State of Florida has been licencing and regulating hospitals within its jurisdiction since 1947. To do this, the state has mainly relied on the ratifying and adoption of statutes. Since then, many more statutes have been adopted, ratified and even amended to better govern and control how healthcare is administered within the state. Some of these statutes include:

Statute 395.009: Standards for Results from Clinical Lab Tests and X-Ray Imaging for Diagnostic Purposes

This statute sets the bar with regards the minimum threshold required by a hospital with regards to diagnostic services offered through clinical lab testing and x-ray imaging. For continued issuance and renewal of its license, a hospital offering such a service is required by this statute to:

Perform all the hospital diagnostic services, (x-ray and clinical lab) in a facility that's appropriately licensed and approved by Medicaid and Medicare Services.

That such a licensed hospital shall take into consideration and accept any lab tests and x-ray images performed previously at a different facility in lieu of routine tests, should they be ordered by a doctor, for the patient to be admitted at their facility.

Each healthcare facility shall hold the liberty to set their minimum standards required to accept results from diagnostic tests and imaging services performed by healthcare facility or an assigned third party (The 2019 Florida Statutes).

Statute 59A-3.081 Physical Plant Requirements for General, Rehab and Psychiatric Hospitals

The above statutes detail the minimum standards to be applied when constructing healthcare facilities, making alterations, renovations and expansions to existing facilities. The statute details both the minimum specifications to be implemented when building hospital to ensure it matches other healthcare facilities within the state, while also detailing the standards to follow during the actual construction.

Statute 155.10 Rules and Regulations for County Hospitals

This statute establishes that the board of trustees shall have the liberty to make and adopt rules, bylaws, and any other regulations that they deem necessary for the efficient running of the hospital they manage. To this end, each hospital's top leadership has the power to make hospital bylaws essential for the expedient running of their hospital and its economic well-being, provided such laws are not inconsistent or contrary to any act or ordinance active within the town or city that hosts the hospital. This statute also decrees that the board of trustees shall have total control over funds collected by the hospital, as well as planned expenditures (Florida Code, 2005).

Statute 155.15 Land Procurement for Hospitals by County Hospitals

This statute states that in the event that a county hospital, through its hospital board of trustees' desires to acquire a parcel of land for use by the hospital but cannot agree as to the price payable for the land, both seller and buyer shall report the material facts to a board comprising the states county commissioners for the case to be determined (Florida Code, 2005). Such a determination shall be through condemnation proceedings instituted by the board of county commissioners and pursued to its legal end by an attorney appointed by such county commissioners to act on their behalf.

Statute 155.16. Terms governing Residents, Non-residents, Fees and Contagious Diseases for County Hospitals

This statute establishes that any hospital legally established within a county shall be for the benefit of inhabitants living within the county when he/she falls sick, suffers an injury, or is maimed. The board of trustees responsible for running a hospital may, however, extend these same privileges to non-residents from other counties (Florida Code, 2005). Every such patient, though, is expected to meet the cost of treatment, care, occupancy, medicine, consultation, and any additional fee identified by the board of trustees as established in the hospital's bylaws, provided such a patient is not recognized as a pauper. According to the Code of Federal Regulations, (n.d), the provisions of this statute are only applicable subject to the rules and regulations present in a hospital's bylaws. Adoption of the said provisions is, however, in line with overall public health objectives of a hospital, namely: To have the hospital be of the greatest possible use to the highest possible number of people. According to the above statute, though, the hospital's board of trustees can refuse the admission of a patient, and exclude them from receiving treatment, should it be determined that such a patient is the carrier of a highly contagious or infectious disease. Such a measure is deemed necessary when the well-being of all other patients within the hospital environment is at risk.

155.18 Treatment of Doctors; Privileges, Authority, Qualifications, etc.

This statute states that a hospital's board of trustees shall hold the primary responsibility to set hospital rules and regulations with regards to the granting and revoking of doctor privileges to care for patients within the hospitals they run. The set hospital bylaws shall dictate terms to the effect that only individuals that are licensed to practice medicine and surgery and have undergone all requisite training, for example, medical doctors, psychiatrists, nurses, clinical officers, and radiographers, may be assigned the privilege to treat hospital patients. Furthermore, all personnel granted said rights, may continue to serve in the hospital workforce for so long as they comply with the rules and regulations set by the board of trustees (Florida Code, 2005).

Conclusion

The dynamism in which hospitals are required makes it necessary for the continuous adoption, ratification of new laws, and the amending of existing statutes to ensure hospitals continue to operate in environments that are conductive, and that they remain economically viable ventures that work within the confines of the law. Keeping track of such laws, as well as other decrees touching on different aspects of the social, economic, and physical, can be a huge undertaking. However, in Florida, and by extension, other states in America, the legislative function carries on thanks to a working, democratically elected and representative legislature.

References

Florida Code. (2005). PUBLIC HEALTH: HOSPITAL LICENSING AND REGULATION Chapter 395. (n.d.). Retrieved from https://law.justia.com/codes/florida/2005/TitleXXIX/ch0395.html.

Peaden, D. (2005). The Florida senate (Interim Project Report 2006-136). eCFR - Code of Federal Regulations. (n.d.). Retrieved from https://www.ecfr.gov/cgi-bin/text-idx?SID=a1d2714a5ce9723573f0b8efc82f298b&mc=true&tpl=/ecfrbrowse/Title42/42CIsubchapA.tplCode of Federal Regulations (CFR). (n.d.). Retrieved from https://www.ecfr.gov/cgi-bin/text-idx?SID=a1d2714a5ce9723573f0b8efc82f298b&mc=true&tpl=/ecfrbrowse/Title42/42CIsubchapA.tpl.

The Florida Statutes. (2019). Florida Legislature. Retrieved from http://leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=chapter+395&URL=0300-0399/0395/Sections/0395.009.html.