Florida Senate - 2016                              CS for SB 664
       
       
        
       By the Committee on Health Policy; and Senator Brandes
       
       588-02879-16                                           2016664c1
    1                        A bill to be entitled                      
    2         An act relating to physician orders for life
    3         sustaining treatment; creating s. 401.451, F.S.;
    4         establishing the Physician Orders for Life-Sustaining
    5         Treatment (POLST) Program within the Department of
    6         Health; defining terms; requiring the department to
    7         adopt rules to implement and administer the program;
    8         requiring the department to develop and adopt by rule
    9         a POLST form; providing requirements for the POLST
   10         form; requiring the signature and attestation of a
   11         physician on a POLST form; specifying that a POLST
   12         form may not include directives regarding hydration;
   13         requiring that POLST forms be voluntarily executed by
   14         the patient and that all directives included in the
   15         form be made at the time of the signing; providing
   16         requirements for POLST forms; providing a restriction
   17         on the execution of POLST forms; requiring periodic
   18         review of POLST forms; providing for the revocation of
   19         a POLST form; requiring the immediate review of a
   20         POLST form in certain circumstances; specifying which
   21         document controls when a POLST conflicts with other
   22         advance directives; providing limited liability for
   23         legal representatives and specified health care
   24         providers acting in good faith in reliance on a POLST;
   25         imposing additional requirements on a POLST form
   26         executed on behalf of a minor patient in certain
   27         circumstances; requiring review of a POLST form on the
   28         transfer of the patient; prohibiting a POLST form from
   29         being required as a condition for treatment; providing
   30         that execution of a POLST form does not affect,
   31         impair, or modify certain insurance contracts;
   32         providing for the invalidity of POLST forms executed
   33         in return for payment or other remuneration; providing
   34         legislative intent; creating s. 408.064, F.S.;
   35         defining terms; requiring the Agency for Health Care
   36         Administration to establish a database of
   37         compassionate and palliative care plans by a specified
   38         date; requiring that the database be electronically
   39         accessible to health care providers; requiring that
   40         the database allow the electronic submission, storage,
   41         indexing, and retrieval of such plans, forms, and
   42         directives by residents of this state; requiring that
   43         the database comply with specified privacy and
   44         security standards; requiring the agency to consult
   45         with advisers and experts as necessary and appropriate
   46         to facilitate the development and implementation of
   47         the database; requiring the agency to publish and
   48         disseminate information on the database to the public;
   49         requiring the agency, in collaboration with the
   50         department, to develop and maintain a process for the
   51         submission of compassionate and palliative care plans
   52         by residents or by health care providers on behalf of
   53         and at the direction of their patients for inclusion
   54         in the database; requiring the agency to provide
   55         specified training; authorizing the agency to
   56         subscribe to or participate in a public or private
   57         clearinghouse in lieu of establishing and maintaining
   58         an independent database; amending ss. 400.142 and
   59         400.487, F.S.; authorizing specified personnel to
   60         withhold or withdraw cardiopulmonary resuscitation if
   61         a patient has a POLST form that contains such an
   62         order; providing immunity from civil and criminal
   63         liability to such personnel for such actions;
   64         providing that the absence of a POLST form does not
   65         preclude a physician from withholding or withdrawing
   66         cardiopulmonary resuscitation; amending s. 400.605,
   67         F.S.; requiring the Department of Elderly Affairs, in
   68         consultation with the agency, to adopt by rule
   69         procedures for the implementation of POLST forms in
   70         hospice care; amending s. 400.6095; F.S.; authorizing
   71         a hospice care team to withhold or withdraw
   72         cardiopulmonary resuscitation if a patient has a POLST
   73         form that contains such an order; providing immunity
   74         from civil and criminal liability to a provider for
   75         such actions; providing that the absence of a POLST
   76         form does not preclude a physician from withholding or
   77         withdrawing cardiopulmonary resuscitation; amending s.
   78         401.35, F.S.; requiring the Department of Health to
   79         establish circumstances and procedures for honoring a
   80         POLST form; amending s. 401.45, F.S.; authorizing
   81         emergency medical transportation providers to withhold
   82         or withdraw cardiopulmonary resuscitation or other
   83         medical interventions if a patient has a POLST form
   84         that contains such an order; amending s. 429.255,
   85         F.S.; authorizing assisted living facility personnel
   86         to withhold or withdraw cardiopulmonary resuscitation
   87         if a patient has a POLST form that contains such an
   88         order; providing immunity from civil and criminal
   89         liability to facility staff and facilities for such
   90         actions; providing that the absence of a POLST form
   91         does not preclude a physician from withholding or
   92         withdrawing cardiopulmonary resuscitation; amending s.
   93         429.73, F.S.; requiring the Department of Elderly
   94         Affairs to adopt rules for the implementation of POLST
   95         forms in adult family-care homes; authorizing a
   96         provider of such home to withhold or withdraw
   97         cardiopulmonary resuscitation if a patient has a POLST
   98         form that contains such an order; providing immunity
   99         from civil and criminal liability to a provider for
  100         such actions; amending s. 456.072, F.S.; providing
  101         that a licensee may withhold or withdraw
  102         cardiopulmonary resuscitation or the use of an
  103         external defibrillator if presented with an order not
  104         to resuscitate or a POLST form that contains an order
  105         not to resuscitate; requiring the Department of Health
  106         to adopt rules providing for the implementation of
  107         such orders; providing immunity to licensees for
  108         withholding or withdrawing cardiopulmonary
  109         resuscitation or the use of an automated defibrillator
  110         pursuant to such orders; amending s. 765.205, F.S.;
  111         requiring a health care surrogate to provide written
  112         consent for a POLST form under certain circumstances;
  113         providing an effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Section 401.451, Florida Statutes, is created to
  118  read:
  119         401.451 Physician Orders for Life-Sustaining Treatment
  120  Program.—The Physician Orders for Life-Sustaining Treatment
  121  Program is established within the Department of Health to
  122  implement and administer the development and use of physician
  123  orders for life-sustaining treatment consistent with this
  124  section and to collaborate with the Agency for Health Care
  125  Administration in the implementation and operation of the
  126  Clearinghouse for Compassionate and Palliative Care Plans
  127  created under s. 408.064.
  128         (1)DEFINITIONS.—As used in this section, the term:
  129         (a) “Advance directive” has the same meaning as in s.
  130  765.101.
  131         (b)“Agency” means the Agency for Health Care
  132  Administration.
  133         (c) “Clearinghouse for Compassionate and Palliative Care
  134  Plans” or “clearinghouse” has the same meaning as in s. 408.064.
  135         (d) “Compassionate and palliative care plan” or “plan” has
  136  the same meaning as in s. 408.064.
  137         (e) “Do-not-resuscitate order” means an order issued under
  138  s. 401.45(3).
  139         (f) “End-stage condition” has the same meaning as in s.
  140  765.101.
  141         (g) “Examining physician” means a physician licensed under
  142  chapter 458 or chapter 459 who examines a patient who wishes, or
  143  whose legal representative wishes, to execute a POLST form; who
  144  attests to the patient’s, or the patient’s representative’s,
  145  ability to make and communicate health care decisions; who signs
  146  the POLST form; and who attests to the patient’s execution of
  147  the POLST form.
  148         (h) “Legal representative” means a patient’s legally
  149  authorized health care surrogate or proxy as provided in chapter
  150  765, a patient’s court-appointed guardian as provided in chapter
  151  744, an attorney in fact, or a patient’s parent if the patient
  152  is a minor.
  153         (i)“Physician order for life-sustaining treatment” or
  154  “POLST” means an order issued pursuant to this section which
  155  specifies a patient with an end-stage condition and provides
  156  directives for that patient’s medical treatment under certain
  157  conditions.
  158         (2) DUTIES OF THE DEPARTMENT.—The department shall:
  159         (a) Adopt rules to implement and administer the POLST
  160  program.
  161         (b) Prescribe a standardized POLST form pursuant to this
  162  section.
  163         (c) Provide the POLST form in an electronic format on the
  164  department’s website and prominently state on the website the
  165  requirements for a POLST form under paragraph (3)(a).
  166         (d) Consult with health care professional licensing groups,
  167  provider advocacy groups, medical ethicists, and other
  168  appropriate stakeholders on the development of rules and forms.
  169         (e) Collaborate with the agency to develop and maintain the
  170  clearinghouse.
  171         (f) Ensure that department staff receive ongoing training
  172  on the POLST program and the availability of POLST forms.
  173         (g) Recommend a statewide, uniform process through which a
  174  patient who has executed a POLST form is identified and the
  175  health care providers currently treating the patient are
  176  provided with contact information for the examining physician
  177  who signed the POLST form.
  178         (h) Adopt POLST-related continuing education requirements
  179  for health care providers licensed by the department.
  180         (i) Develop a process for collecting provider feedback to
  181  facilitate the periodic redesign of the POLST form in accordance
  182  with current health care best practices.
  183         (3) POLST FORM.—
  184         (a) Requirements.—A POLST form may not include directives
  185  regarding hydration or the preselection of any decisions or
  186  directives. A POLST form must be voluntarily executed by the
  187  patient or, if the patient is incapacitated, the patient’s legal
  188  representative, and all directives included in the form must be
  189  made by the patient or, if the patient is incapacitated, the
  190  patient’s legal representative at the time of signing the form.
  191  A POLST form is not valid and may not be included in a patient’s
  192  medical records or submitted to the clearinghouse as provided in
  193  this section unless it also meets all of the following
  194  requirements:
  195         1.Be printed on one or both sides of a single piece of
  196  paper in a solid color or on white paper as determined by
  197  department rule.
  198         2.Include the signatures of the patient and the patient’s
  199  examining physician or, if the patient is incapacitated, the
  200  patient’s legal representative and the patient’s examining
  201  physician, executed after consultation with the patient or the
  202  patient’s legal representative as appropriate.
  203         3. Prominently state that completion of a POLST form is
  204  voluntary, that the execution or use of a POLST form may not be
  205  required as a condition for treatment, and that a POLST form may
  206  not be given effect if the patient is conscious and competent to
  207  make health care decisions.
  208         4. Prominently provide in a conspicuous location on the
  209  form a space for the patient’s examining physician to attest and
  210  affirm that, in his or her good faith clinical judgment, at the
  211  time the POLST form is completed and signed, the patient has the
  212  ability to make and communicate health care decisions or, if the
  213  patient is incapacitated, that the patient’s legal
  214  representative has such ability.
  215         5. Provide an expiration date that is within 1 year after
  216  the patient or the patient’s legal representative signs the form
  217  or that is contingent on completion of the course of treatment
  218  addressed in the POLST form, whichever occurs first.
  219         6. Identify the medical condition or conditions that
  220  necessitate the POLST form.
  221         (b) Restriction on use of a POLST form.—A POLST form may be
  222  completed only by or for a patient determined by the patient’s
  223  examining physician to have an end-stage condition or a patient
  224  who, in the good faith clinical judgment of the examining
  225  physician, is suffering from at least one life-limiting medical
  226  condition that will likely result in the death of the patient
  227  within 1 year.
  228         (c) Periodic review of a POLST form.—At a minimum, the
  229  patient’s physician must review the patient’s POLST form with
  230  the patient or the patient’s legal representative, as
  231  appropriate, when the patient:
  232         1. Is transferred from one health care setting or level of
  233  care to another in accordance with subsection (6);
  234         2. Is discharged from a health care setting to return home
  235  before the expiration of the POLST form;
  236         3. Experiences a substantial change in his or her condition
  237  as determined by the patient’s examining physician, in which
  238  case the review must occur within 24 hours of the substantial
  239  change; or
  240         4. Expresses an intent to change his or her treatment
  241  preferences.
  242         (d) Revocation of a POLST form.—
  243         1. A POLST form may be revoked at any time by a patient or,
  244  if the patient is incapacitated and the authority to revoke a
  245  POLST form has been granted by the patient to his or her legal
  246  representative, the representative.
  247         2. The execution of a POLST form by a patient and his or
  248  her examining physician under this section automatically revokes
  249  all POLST forms previously executed by the patient.
  250         (e) Review of legal representative’s decision on a POLST
  251  form.—If a family member of the patient, the health care
  252  facility providing services to the patient, or the patient’s
  253  physician who may reasonably be expected to be affected by the
  254  patient’s POLST form directives believes the directives are in
  255  conflict with the patient’s prior expressed desires regarding
  256  end-of-life care, he or she or the facility may seek expedited
  257  judicial intervention pursuant to the Florida Probate Rules.
  258         (f) Conflicting advance directives.—To the extent that
  259  directives made on a patient’s POLST form conflict with another
  260  advance directive of the patient that addresses a substantially
  261  similar health care condition or treatment, the document most
  262  recently signed by the patient takes precedence. Such directives
  263  may include, but are not limited to:
  264         a. Living wills.
  265         b. Health care powers of attorney.
  266         c. POLST forms for the specific medical condition or
  267  treatment.
  268         d. Do-not-resuscitate orders.
  269         (4) ACTING IN GOOD FAITH; LIMITED IMMUNITY.—
  270         (a) An individual acting in good faith as a legal
  271  representative under this section is not subject to civil
  272  liability or criminal prosecution for executing a POLST form as
  273  provided in this section on behalf of a patient who is
  274  incapacitated.
  275         (b) Any licensee, physician, medical director, emergency
  276  medical technician, or paramedic who in good faith complies with
  277  a POLST form is not subject to criminal prosecution or civil
  278  liability, and has not engaged in negligent or unprofessional
  279  conduct as a result of carrying out the directives of a POLST
  280  form executed in accordance with this section and rules adopted
  281  by the department.
  282         (5)POLST FORM FOR A MINOR PATIENT.—If medical orders on a
  283  POLST form executed for a minor patient direct that life
  284  sustaining treatment may be withheld from the minor patient, the
  285  order must include certification by one health care provider in
  286  addition to the physician executing the POLST form that, in
  287  their clinical judgement, an order to withhold treatment is in
  288  the best interest of the minor patient. A POLST form for a minor
  289  patient must be signed by the minor patient’s legal
  290  representative. The minor patient’s physician must certify the
  291  basis for the authority of the minor patient’s legal
  292  representative to execute the POLST form on behalf of the minor
  293  patient, including his or her compliance with the relevant
  294  statutory provisions of chapter 765 or chapter 744.
  295         (6) PATIENT TRANSFER; POLST FORM REVIEW REQUIRED.—If a
  296  patient whose goals and preferences for care have been entered
  297  in a valid POLST form is transferred from one health care
  298  facility to another, the health care facility initiating the
  299  transfer must communicate the existence of the POLST form to the
  300  receiving facility before the transfer. Upon the patient’s
  301  transfer, the treating health care professional at the receiving
  302  facility must review the POLST form with the patient or, if the
  303  patient is incapacitated, the patient’s legal representative.
  304         (7) POLST FORM NOT A PREREQUISITE.—A POLST form may not be
  305  a prerequisite for receiving medical services or for admission
  306  to a facility. Facilities and providers may not require a person
  307  to complete, revise, or revoke a POLST form as a condition of
  308  receiving services or treatment or as a condition of admission.
  309  The execution, revision, or revocation of a POLST form must be a
  310  voluntary decision of the patient.
  311         (8) INSURANCE NOT AFFECTED.—The presence or absence of a
  312  POLST form does not affect, impair, or modify a contract of life
  313  or health insurance or annuity to which an individual is a party
  314  and may not serve as the basis for any delay in issuing or
  315  refusing to issue an annuity or policy of life or health
  316  insurance or for an increase or decrease in premiums charged to
  317  the individual.
  318         (9) INVALIDITY.—A POLST form is invalid if payment or other
  319  remuneration was offered or made in exchange for execution of
  320  the form.
  321         (10) LEGISLATIVE INTENT.—This section may not be construed
  322  to condone, authorize, or approve mercy killing or euthanasia.
  323  The Legislature does not intend that this act be construed as
  324  permitting any affirmative or deliberate act to end a person’s
  325  life, except to permit the natural process of dying.
  326         Section 2. Section 408.064, Florida Statutes, is created to
  327  read:
  328         408.064 Clearinghouse for Compassionate and Palliative Care
  329  Plans.—The Clearinghouse for Compassionate and Palliative Care
  330  Plans is established within the Agency for Health Care
  331  Administration.
  332         (1)DEFINITIONS.—As used in this section, the term:
  333         (a) “Advance directive” has the same meaning as in s.
  334  765.101.
  335         (b) “Clearinghouse for Compassionate and Palliative Care
  336  Plans” or “clearinghouse” means the state’s electronic database
  337  of compassionate and palliative care plans submitted by
  338  residents of this state and managed by the agency pursuant to
  339  this section.
  340         (c) “Compassionate and palliative care plan” or “plan”
  341  means any end-of-life document or a medical directive document
  342  recognized by this state and executed by a resident of this
  343  state, including, but not limited to, an advance directive, a
  344  do-not-resuscitate order, a physician order for life-sustaining
  345  treatment, or a health care surrogate designation.
  346         (d)“Department” means the Department of Health.
  347         (e) “Do-not-resuscitate order” means an order issued
  348  pursuant to s. 401.45(3).
  349         (f) “End-stage condition” has the same meaning as in s.
  350  765.101.
  351         (g)“Physician order for life-sustaining treatment” means
  352  an order issued pursuant to s. 401.451 which specifies the care
  353  and medical treatment under certain conditions for a patient
  354  with an end-stage condition.
  355         (2) ELECTRONIC DATABASE.—The agency shall:
  356         (a) By January 1, 2017, establish and maintain a reliable
  357  and secure database consisting of compassionate and palliative
  358  care plans submitted by residents of this state which is
  359  accessible to health care providers through a secure electronic
  360  portal. The database must allow the electronic submission,
  361  storage, indexing, and retrieval of such plans, and allow access
  362  to such plans by the treating health care providers of the
  363  residents.
  364         (b) Develop and maintain a validation system that confirms
  365  the identity of the facility, health care provider, or other
  366  authorized individual seeking the retrieval of a plan and
  367  provides privacy protections that meet all state and federal
  368  privacy and security standards for the release of a patient’s
  369  personal and medical information to third parties.
  370         (c) Consult with compassionate and palliative care
  371  providers, health care facilities, and residents of this state
  372  as necessary and appropriate to facilitate the development and
  373  implementation of the database.
  374         (d) Publish and disseminate to residents of this state
  375  information regarding the clearinghouse.
  376         (e) In collaboration with the department, develop and
  377  maintain a process for the submission of compassionate and
  378  palliative care plans by residents of this state or by health
  379  care providers on behalf of and at the direction of their
  380  patients for inclusion in the database.
  381         (f) Provide training to health care providers and health
  382  care facilities in this state on how to access plans through the
  383  database.
  384         (3) ALTERNATIVE IMPLEMENTATION.—In lieu of developing the
  385  electronic database required by this section, the agency may
  386  subscribe to or otherwise participate in a database operated by
  387  a public or private clearinghouse if that database meets the
  388  requirements of this section. The alternative database may
  389  operate nationwide, regionally, or on a statewide basis in this
  390  state.
  391         Section 3. Subsection (3) of section 400.142, Florida
  392  Statutes, is amended to read:
  393         400.142 Emergency medication kits; orders not to
  394  resuscitate.—
  395         (3) Facility staff may withhold or withdraw cardiopulmonary
  396  resuscitation if presented with an order not to resuscitate
  397  executed pursuant to s. 401.45 or a physician order for life
  398  sustaining treatment (POLST) form executed pursuant to s.
  399  401.451 which contains an order not to resuscitate. Facility
  400  staff and facilities are not subject to criminal prosecution or
  401  civil liability, or considered to have engaged in negligent or
  402  unprofessional conduct, for withholding or withdrawing
  403  cardiopulmonary resuscitation pursuant to such an order or a
  404  POLST form. The absence of an order not to resuscitate executed
  405  pursuant to s. 401.45 or a POLST form executed pursuant to s.
  406  401.451 does not preclude a physician from withholding or
  407  withdrawing cardiopulmonary resuscitation as otherwise allowed
  408  permitted by law.
  409         Section 4. Section 400.487, Florida Statutes, is amended to
  410  read:
  411         400.487 Home health service agreements; physician’s,
  412  physician assistant’s, and advanced registered nurse
  413  practitioner’s treatment orders; patient assessment;
  414  establishment and review of plan of care; provision of services;
  415  orders not to resuscitate; physician orders for life-sustaining
  416  treatment.—
  417         (1) Services provided by a home health agency must be
  418  covered by an agreement between the home health agency and the
  419  patient or the patient’s legal representative specifying the
  420  home health services to be provided, the rates or charges for
  421  services paid with private funds, and the sources of payment,
  422  which may include Medicare, Medicaid, private insurance,
  423  personal funds, or a combination thereof. A home health agency
  424  providing skilled care must make an assessment of the patient’s
  425  needs within 48 hours after the start of services.
  426         (2) If When required by the provisions of chapter 464; part
  427  I, part III, or part V of chapter 468; or chapter 486, the
  428  attending physician, physician assistant, or advanced registered
  429  nurse practitioner, acting within his or her respective scope of
  430  practice, shall establish treatment orders for a patient who is
  431  to receive skilled care. The treatment orders must be signed by
  432  the physician, physician assistant, or advanced registered nurse
  433  practitioner before a claim for payment for the skilled services
  434  is submitted by the home health agency. If the claim is
  435  submitted to a managed care organization, the treatment orders
  436  must be signed within the time allowed under the provider
  437  agreement. The treatment orders shall be reviewed, as frequently
  438  as the patient’s illness requires, by the physician, physician
  439  assistant, or advanced registered nurse practitioner in
  440  consultation with the home health agency.
  441         (3) A home health agency shall arrange for supervisory
  442  visits by a registered nurse to the home of a patient receiving
  443  home health aide services in accordance with the patient’s
  444  direction, approval, and agreement to pay the charge for the
  445  visits.
  446         (4) Each patient has the right to be informed of and to
  447  participate in the planning of his or her care. Each patient
  448  must be provided, upon request, a copy of the plan of care
  449  established and maintained for that patient by the home health
  450  agency.
  451         (5) If When nursing services are ordered, the home health
  452  agency to which a patient has been admitted for care must
  453  provide the initial admission visit, all service evaluation
  454  visits, and the discharge visit by a direct employee. Services
  455  provided by others under contractual arrangements to a home
  456  health agency must be monitored and managed by the admitting
  457  home health agency. The admitting home health agency is fully
  458  responsible for ensuring that all care provided through its
  459  employees or contract staff is delivered in accordance with this
  460  part and applicable rules.
  461         (6) The skilled care services provided by a home health
  462  agency, directly or under contract, must be supervised and
  463  coordinated in accordance with the plan of care.
  464         (7) Home health agency personnel may withhold or withdraw
  465  cardiopulmonary resuscitation if presented with an order not to
  466  resuscitate executed pursuant to s. 401.45 or a physician order
  467  for life-sustaining treatment (POLST) form executed pursuant to
  468  s. 401.451 which contains an order not to resuscitate. The
  469  agency shall adopt rules providing for the implementation of
  470  such orders. Home health personnel and agencies are shall not be
  471  subject to criminal prosecution or civil liability, and may not
  472  nor be considered to have engaged in negligent or unprofessional
  473  conduct, for withholding or withdrawing cardiopulmonary
  474  resuscitation pursuant to such an order or a POLST form and
  475  rules adopted by the agency.
  476         Section 5. Paragraph (e) of subsection (1) of section
  477  400.605, Florida Statutes, is amended to read:
  478         400.605 Administration; forms; fees; rules; inspections;
  479  fines.—
  480         (1) The agency, in consultation with the department, may
  481  adopt rules to administer the requirements of part II of chapter
  482  408. The department, in consultation with the agency, shall by
  483  rule establish minimum standards and procedures for a hospice
  484  pursuant to this part. The rules must include:
  485         (e) Procedures relating to the implementation of advance
  486  advanced directives; physician orders for life-sustaining
  487  treatment (POLST) forms executed pursuant to s. 401.451; and do
  488  not-resuscitate orders.
  489         Section 6. Subsection (8) of section 400.6095, Florida
  490  Statutes, is amended to read:
  491         400.6095 Patient admission; assessment; plan of care;
  492  discharge; death.—
  493         (8) The hospice care team may withhold or withdraw
  494  cardiopulmonary resuscitation if presented with an order not to
  495  resuscitate executed pursuant to s. 401.45 or a physician order
  496  for life-sustaining treatment (POLST) form executed pursuant to
  497  s. 401.451 which contains an order not to resuscitate. The
  498  department shall adopt rules providing for the implementation of
  499  such orders. Hospice staff are shall not be subject to criminal
  500  prosecution or civil liability, and may not nor be considered to
  501  have engaged in negligent or unprofessional conduct, for
  502  withholding or withdrawing cardiopulmonary resuscitation
  503  pursuant to such an order or a POLST form and applicable rules.
  504  The absence of an order to resuscitate executed pursuant to s.
  505  401.45 or a POLST form executed pursuant to s. 401.451 does not
  506  preclude a physician from withholding or withdrawing
  507  cardiopulmonary resuscitation as otherwise allowed permitted by
  508  law.
  509         Section 7. Subsection (4) of section 401.35, Florida
  510  Statutes, is amended to read:
  511         401.35 Rules.—The department shall adopt rules, including
  512  definitions of terms, necessary to carry out the purposes of
  513  this part.
  514         (4) The rules must establish circumstances and procedures
  515  under which emergency medical technicians and paramedics may
  516  honor orders by the patient’s physician not to resuscitate
  517  executed pursuant to s. 401.45 or under a physician order for
  518  life-sustaining treatment (POLST) form executed pursuant to s.
  519  401.451 which contains an order not to resuscitate and the
  520  documentation and reporting requirements for handling such
  521  requests.
  522         Section 8. Paragraph (a) of subsection (3) of section
  523  401.45, Florida Statutes, is amended to read:
  524         401.45 Denial of emergency treatment; civil liability.—
  525         (3)(a) Resuscitation or other forms of medical intervention
  526  may be withheld or withdrawn from a patient by an emergency
  527  medical technician, or paramedic, or other health care
  528  professional if he or she is presented with evidence of a
  529  physician order for life-sustaining treatment (POLST) form
  530  executed pursuant to s. 401.451 which contains an order not to
  531  resuscitate or perform other medical intervention, as
  532  applicable, or an order not to resuscitate by the patient’s
  533  physician is presented to the emergency medical technician or
  534  paramedic. To be valid, an order not to resuscitate, to be
  535  valid, must be on the form adopted by rule of the department.
  536  The form must be signed by the patient’s physician and by the
  537  patient or, if the patient is incapacitated, the patient’s
  538  health care surrogate or proxy as provided in chapter 765,
  539  court-appointed guardian as provided in chapter 744, or attorney
  540  in fact under a durable power of attorney as provided in chapter
  541  709. The court-appointed guardian or attorney in fact must have
  542  been delegated authority to make health care decisions on behalf
  543  of the patient.
  544         Section 9. Subsection (4) of section 429.255, Florida
  545  Statutes, is amended to read:
  546         429.255 Use of personnel; emergency care.—
  547         (4) Facility staff may withhold or withdraw cardiopulmonary
  548  resuscitation or the use of an automated external defibrillator
  549  if presented with an order not to resuscitate executed pursuant
  550  to s. 401.45 or a physician order for life-sustaining treatment
  551  (POLST) form executed pursuant to s. 401.451 which contains an
  552  order not to resuscitate. The department shall adopt rules
  553  providing for the implementation of such orders. Facility staff
  554  and facilities are shall not be subject to criminal prosecution
  555  or civil liability, and may not nor be considered to have
  556  engaged in negligent or unprofessional conduct, for withholding
  557  or withdrawing cardiopulmonary resuscitation or use of an
  558  automated external defibrillator pursuant to such an order or a
  559  POLST form and rules adopted by the department. The absence of
  560  an order not to resuscitate executed pursuant to s. 401.45 or a
  561  POLST form executed pursuant to s. 401.451 does not preclude a
  562  physician from withholding or withdrawing cardiopulmonary
  563  resuscitation or use of an automated external defibrillator as
  564  otherwise allowed permitted by law.
  565         Section 10. Subsection (3) of section 429.73, Florida
  566  Statutes, is amended to read:
  567         429.73 Rules and standards relating to adult family-care
  568  homes.—
  569         (3) The department shall adopt rules providing for the
  570  implementation of orders not to resuscitate and physician orders
  571  for life-sustaining treatment (POLST) forms executed pursuant to
  572  s. 401.451. The provider may withhold or withdraw
  573  cardiopulmonary resuscitation if presented with an order not to
  574  resuscitate executed pursuant to s. 401.45 or a POLST form
  575  executed pursuant to s. 401.451 which contains an order not to
  576  resuscitate. The provider is shall not be subject to criminal
  577  prosecution or civil liability, and may not nor be considered to
  578  have engaged in negligent or unprofessional conduct, for
  579  withholding or withdrawing cardiopulmonary resuscitation
  580  pursuant to such orders an order and applicable rules.
  581         Section 11. Present subsections (7) and (8) of section
  582  456.072, Florida Statutes, are redesignated as subsections (8)
  583  and (9), respectively, and a new subsection (7) is added to that
  584  section, to read:
  585         456.072 Grounds for discipline; penalties; enforcement.—
  586         (7) A licensee may withhold or withdraw cardiopulmonary
  587  resuscitation or the use of an automated external defibrillator
  588  if presented with an order not to resuscitate executed pursuant
  589  to s. 401.45 or a physician order for life-sustaining treatment
  590  (POLST) form executed pursuant to s. 401.451 which contains an
  591  order not to resuscitate. The department shall adopt rules
  592  providing for the implementation of such orders. Licensees are
  593  not subject to criminal prosecution or civil liability, and may
  594  not be considered to have engaged in negligent or unprofessional
  595  conduct, for withholding or withdrawing cardiopulmonary
  596  resuscitation or the use of an automated external defibrillator
  597  or otherwise carrying out the orders in an order not to
  598  resuscitate or a POLST form pursuant to such an order or POLST
  599  form and rules adopted by the department. The absence of an
  600  order not to resuscitate executed pursuant to s. 401.45 or a
  601  POLST form executed pursuant to s. 401.451 does not preclude a
  602  licensee from withholding or withdrawing cardiopulmonary
  603  resuscitation or the use of an automated external defibrillator
  604  or otherwise carrying out medical orders allowed by law.
  605         Section 12. Paragraph (c) of subsection (1) of section
  606  765.205, Florida Statutes, is amended to read:
  607         765.205 Responsibility of the surrogate.—
  608         (1) The surrogate, in accordance with the principal’s
  609  instructions, unless such authority has been expressly limited
  610  by the principal, shall:
  611         (c) Provide written consent using an appropriate form
  612  whenever consent is required, including a physician’s order not
  613  to resuscitate or a physician order for life-sustaining
  614  treatment (POLST) form executed pursuant to s. 401.451.
  615         Section 13. This act shall take effect July 1, 2016.