New law removes health inspectors

Confusion still seems to shroud a little-known, newly enacted state law that removes Pasco County Health Department inspectors from food programs at hospitals, child care facilities and other institutions in the county.

The intent of House Bill 5311 was to avoid duplication of services with other state agencies and perhaps save money.

"DOH is no longer conducting the inspections due to legislative decision," Susan Smith, press secretary for the Florida Department of Health, confirmed July 14. "We will, however, continue to inspect prisons."

The Florida Agency for Health Care Administration will inherit sole inspection responsibilities for hospitals and nursing homes, while and the state Department of Children & Families will check child care facilities.

That would seem to leave in the lurch some Department of Health inspectors, but no definitive answers were available about layoffs. Nor could anyone say whether the state employees might transfer to other agencies.

"It is too premature to know about financial impact and jobs," Smith said.

Pasco health department officials referred questions to the Department of Health. The county health department is under the jurisdiction of the Department of Health.

Marc Yacht, the retired former Pasco health department director, was not shy about sharing his views.

"The bill is a very disturbing direction that began with the loss of much of the Florida Health Department's restaurant inspection program in the mid-'90s," Yacht wrote in an e-mail.

"Then, the responsibilities went to the Department of Agriculture and Consumer Affairs and the Department of Business and Professional regulation. The inspection program never provided the number or quality of inspections to food service establishments since that transfer.

"Fragmenting such programs from health department oversight does not serve the citizens of Florida or visitors well. Our legislators and the Governor's office have let us down again in the final hour tampering of HB 5311. These actions put Florida residents, the elderly, children, and visitors at risk."

Neither the Agency for Health Care Administration nor DCF inspect kitchens or check food safety inspections, Yacht noted in a follow-up phone call.

The Department of Health conducted quarterly inspections, while the Agency for Health Care Administration inspects every nine to 15 months, according to Greg Giordano, chief legislative assistant to state Sen. Mike Fasano, R-New Port Richey.

Regarding HB 5311, Giordano said: "Basically the intent of this bill was to eliminate duplicative food safety inspections. The intent here is to save money."

Overlap has existed between state agencies conducting multiple inspections, Giordano said.

But many questions have been left dangling in the interim, Giordano said. For instance, the legislation doesn't explicitly say anything about the fate of the Department of Health inspectors.

The state health agency inspected institutions about every three months while the Agency for Health Care Administration usually does inspections every six months. The legislation appears to be silent on how often the inspections will be done in the future.

Another issue is cropping up about how the new law might impact foster care homes, Giordano added.

"It presents a lot of questions," he said.