Senate Bill 1890c1

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    Florida Senate - 2000                           CS for SB 1890

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Klein




    317-1849B-00

  1                      A bill to be entitled

  2         An act relating to end-of-life care; amending

  3         s. 395.1041, F.S.; specifying conditions under

  4         which hospital personnel may withhold

  5         resuscitation; clarifying intent regarding

  6         orders not to resuscitate; amending ss.

  7         400.142, 400.4255, 400.6095, F.S.; clarifying

  8         intent regarding orders not to resuscitate

  9         issued and acted upon by a physician and staff,

10         respectively, in a nursing home, assisted

11         living facility, or hospice; amending s.

12         401.45, F.S.; relating to emergency treatment,

13         requiring use of official form for valid

14         do-not-resuscitate order; specifying required

15         signatures; specifying authorized substitute

16         signatures; amending s. 455.597, F.S., relating

17         to licensure renewal requirements for certain

18         health care professionals; providing for

19         substitution of continuing education programs

20         or courses on end-of-life care and palliative

21         health care for any authorized domestic

22         violence continuing education program or course

23         taken within a specified period; amending s.

24         765.102, F.S., relating to legislative findings

25         and intent; adding legislative intent to allow

26         a person to plan for future incapacity orally

27         or by executing a document; encouraging health

28         care professionals to rapidly increase their

29         understanding of end-of-life and palliative

30         health care; requiring a statewide, culturally

31         sensitive educational campaign on end-of-life

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  1         care for the general public; creating s.

  2         765.1103, F.S.; requiring certain health care

  3         facilities, health care providers, and health

  4         care practitioners to comply with patient

  5         requests for pain management and palliative

  6         care; amending s. 765.203, F.S.; revising the

  7         suggested form for designating a health care

  8         surrogate to include reference to

  9         anatomical-gift declarations; amending s.

10         765.204, F.S.; providing a procedure for

11         determining a principal's capacity; revising

12         provisions; providing cross-references;

13         amending s. 765.205, F.S.; providing

14         responsibilities of a health care surrogate

15         with respect to medical records of the

16         principal; amending s. 765.303, F.S.; revising

17         the suggested form for a living will; amending

18         s. 765.305, F.S.; providing a procedure for

19         withholding or withdrawing medical treatment in

20         the absence of a living will; changing the

21         prerequisite circumstances on which a health

22         care surrogate must rely before authorizing

23         withholding or withdrawing of medical treatment

24         for another person; amending s. 765.306, F.S.,

25         relating to determination of patient condition;

26         changing the factors that must be evaluated for

27         determining whether a living will may take

28         effect; deleting the requirement for a

29         consulting physician to separately examine the

30         patient; amending s. 765.401, F.S.; providing a

31         proxy to make health care decisions on behalf

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    Florida Senate - 2000                           CS for SB 1890
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  1         of a patient; deleting the alternative

  2         requirements that a proxy act in accordance

  3         with a written declaration or that the patient

  4         has certain specified medical conditions before

  5         a proxy may consent to withholding or

  6         withdrawing life-prolonging procedures;

  7         providing cross-references; creating the

  8         End-of-Life Care Workgroup; providing

  9         membership of the workgroup; requiring a

10         report; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (l) of subsection (3) of section

15  395.1041, Florida Statutes, is amended to read:

16         395.1041  Access to emergency services and care.--

17         (3)  EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF

18  FACILITY OR HEALTH CARE PERSONNEL.--

19         (l)  Hospital emergency services personnel may withhold

20  or withdraw cardiopulmonary resuscitation if presented with an

21  order not to resuscitate executed pursuant to s. 401.45.

22  Facility staff and facilities shall not be subject to criminal

23  prosecution or civil liability, nor be considered to have

24  engaged in negligent or unprofessional conduct, for

25  withholding or withdrawing cardiopulmonary resuscitation

26  pursuant to such an order. Nothing in this subsection shall

27  affect the authority of a physician to issue an order not to

28  resuscitate in the facility or the authority of facility staff

29  to act in accordance with such an order, as permitted by case

30  law and statutory law.

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  1         Section 2.  Subsection (3) of section 400.142, Florida

  2  Statutes, is amended to read:

  3         400.142  Emergency medication kits; orders not to

  4  resuscitate.--

  5         (3)  Facility staff may withhold or withdraw

  6  cardiopulmonary resuscitation if presented with an order not

  7  to resuscitate executed pursuant to s. 401.45. The agency

  8  shall adopt rules providing for the implementation of such

  9  orders. Facility staff and facilities shall not be subject to

10  criminal prosecution or civil liability, nor be considered to

11  have engaged in negligent or unprofessional conduct, for

12  withholding or withdrawing cardiopulmonary resuscitation

13  pursuant to such an order and rules adopted by the agency.

14  Nothing in this subsection shall affect the authority of a

15  physician to issue an order not to resuscitate in the facility

16  or the authority of facility staff to act in accordance with

17  such an order, as permitted by case law and statutory law.

18         Section 3.  Subsection (3) of section 400.4255, Florida

19  Statutes, is amended to read:

20         400.4255  Use of personnel; emergency care.--

21         (3)  Facility staff may withhold or withdraw

22  cardiopulmonary resuscitation if presented with an order not

23  to resuscitate executed pursuant to s. 401.45. The department

24  shall adopt rules providing for the implementation of such

25  orders. Facility staff and facilities shall not be subject to

26  criminal prosecution or civil liability, nor be considered to

27  have engaged in negligent or unprofessional conduct, for

28  withholding or withdrawing cardiopulmonary resuscitation

29  pursuant to such an order and rules adopted by the department.

30  Nothing in this subsection shall affect the authority of a

31  physician to issue an order not to resuscitate in the facility

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  1  or the authority of facility staff to act in accordance with

  2  such an order, as permitted by case law and statutory law.

  3         Section 4.  Subsection (8) of section 400.6095, Florida

  4  Statutes, is amended to read:

  5         400.6095  Patient admission; assessment; plan of care;

  6  discharge; death.--

  7         (8)  The hospice care team may withhold or withdraw

  8  cardiopulmonary resuscitation if presented with an order not

  9  to resuscitate executed pursuant to s. 401.45. The department

10  shall adopt rules providing for the implementation of such

11  orders. Hospice staff shall not be subject to criminal

12  prosecution or civil liability, nor be considered to have

13  engaged in negligent or unprofessional conduct, for

14  withholding or withdrawing cardiopulmonary resuscitation

15  pursuant to such an order and rules adopted by the department.

16  Nothing in this subsection shall affect the authority of a

17  physician to issue an order not to resuscitate in a hospice

18  care site or the authority of hospice staff to act in

19  accordance with such an order, as permitted by case law and

20  statutory law.

21         Section 5.  Paragraph (a) of subsection (3) of section

22  401.45, Florida Statutes, is amended to read:

23         401.45  Denial of emergency treatment; civil

24  liability.--

25         (3)(a)  Resuscitation may be withheld or withdrawn from

26  a patient by an emergency medical technician or paramedic if

27  evidence of an order not to resuscitate by the patient's

28  physician is presented to the emergency medical technician or

29  paramedic. An order not to resuscitate, to be valid, must be

30  on the form adopted by rule of the department. The form must

31  be signed by the patient's physician and by the patient or, if

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    Florida Senate - 2000                           CS for SB 1890
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  1  the patient is incapable of giving informed consent, the

  2  patient's health care surrogate or proxy, as provided under

  3  chapter 765; a court-appointed guardian, as provided under

  4  chapter 744; or a person acting pursuant to a durable power of

  5  attorney, as provided under chapter 709.

  6         Section 6.  Section 455.597, Florida Statutes, is

  7  amended to read:

  8         455.597  Requirement for instruction on domestic

  9  violence.--

10         (1)(a)  The appropriate board shall require each person

11  licensed or certified under chapter 458, chapter 459, chapter

12  464, chapter 466, chapter 467, chapter 490, or chapter 491 to

13  complete a 1-hour continuing education course, approved by the

14  board, on domestic violence, as defined in s. 741.28, as part

15  of biennial relicensure or recertification.  The course shall

16  consist of information on the number of patients in that

17  professional's practice who are likely to be victims of

18  domestic violence and the number who are likely to be

19  perpetrators of domestic violence, screening procedures for

20  determining whether a patient has any history of being either

21  a victim or a perpetrator of domestic violence, and

22  instruction on how to provide such patients with information

23  on, or how to refer such patients to, resources in the local

24  community, such as domestic violence centers and other

25  advocacy groups, that provide legal aid, shelter, victim

26  counseling, batterer counseling, or child protection services.

27         (b)  Each such licensee or certificateholder shall

28  submit confirmation of having completed such course, on a form

29  provided by the board, when submitting fees for each biennial

30  renewal.

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    Florida Senate - 2000                           CS for SB 1890
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  1         (c)  The board may approve additional equivalent

  2  courses that may be used to satisfy the requirements of

  3  paragraph (a).  Each licensing board that requires a licensee

  4  to complete an educational course pursuant to this subsection

  5  may include the hour required for completion of the course in

  6  the total hours of continuing education required by law for

  7  such profession unless the continuing education requirements

  8  for such profession consist of fewer than 30 hours biennially.

  9         (d)  Any person holding two or more licenses subject to

10  the provisions of this subsection shall be permitted to show

11  proof of having taken one board-approved course on domestic

12  violence, for purposes of relicensure or recertification for

13  additional licenses.

14         (e)  Failure to comply with the requirements of this

15  subsection shall constitute grounds for disciplinary action

16  under each respective practice act and under s. 455.624(1)(k).

17  In addition to discipline by the board, the licensee shall be

18  required to complete such course.

19         (2)  The board shall also require, as a condition of

20  granting a license under any chapter specified in paragraph

21  (1)(a), that each applicant for initial licensure under the

22  appropriate chapter complete an educational course acceptable

23  to the board on domestic violence which is substantially

24  equivalent to the course required in subsection (1).  An

25  applicant who has not taken such course at the time of

26  licensure shall, upon submission of an affidavit showing good

27  cause, be allowed 6 months to complete such requirement.

28         (3)  In lieu of completing a course as required in

29  subsection (1), a licensee or certificateholder may complete a

30  course in end-of-life care and palliative health care, if the

31  licensee or certificateholder has completed an approved

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  1  domestic violence course in the immediately preceding

  2  biennium.

  3         (4)(3)  Each board may adopt rules to carry out the

  4  provisions of this section.

  5         (5)(4)  Each board shall report to the President of the

  6  Senate, the Speaker of the House of Representatives, and the

  7  chairs of the appropriate substantive committees of the

  8  Legislature by March 1 of each year as to the implementation

  9  of and compliance with the requirements of this section.

10         Section 7.  Section 765.102, Florida Statutes, is

11  amended to read:

12         765.102  Legislative findings and intent.--

13         (1)  The Legislature finds that every competent adult

14  has the fundamental right of self-determination regarding

15  decisions pertaining to his or her own health, including the

16  right to choose or refuse medical treatment. This right is

17  subject to certain interests of society, such as the

18  protection of human life and the preservation of ethical

19  standards in the medical profession.

20         (2)  To ensure that such right is not lost or

21  diminished by virtue of later physical or mental incapacity,

22  the Legislature intends that a procedure be established to

23  allow a person to plan for incapacity by executing a document

24  or orally designating another person to direct the course of

25  his or her medical treatment upon his or her incapacity. Such

26  procedure should be less expensive and less restrictive than

27  guardianship and permit a previously incapacitated person to

28  exercise his or her full right to make health care decisions

29  as soon as the capacity to make such decisions has been

30  regained.

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  1         (3)  The Legislature recognizes that for some the

  2  administration of life-prolonging medical procedures may

  3  result in only a precarious and burdensome existence. In order

  4  to ensure that the rights and intentions of a person may be

  5  respected even after he or she is no longer able to

  6  participate actively in decisions concerning himself or

  7  herself, and to encourage communication among such patient,

  8  his or her family, and his or her physician, the Legislature

  9  declares that the laws of this state recognize the right of a

10  competent adult to make an advance directive instructing his

11  or her physician to provide, withhold, or withdraw

12  life-prolonging procedures, or to designate another to make

13  the treatment decision for him or her in the event that such

14  person should become incapacitated and unable to personally

15  direct his or her medical care.

16         (4)  The Legislature recognizes the need for all health

17  care professionals to rapidly increase their understanding of

18  end-of-life and palliative health care. Therefore, the

19  Legislature encourages the professional regulatory boards to

20  adopt appropriate standards and guidelines regarding

21  end-of-life care and pain management and encourages

22  educational institutions established to train health care

23  professionals and allied health professionals to implement

24  curricula to train such professionals to provide end-of-life

25  care, including pain management and palliative care.

26         (5)  The Department of Elderly Affairs, the Agency for

27  Health Care Administration, and the Department of Health shall

28  jointly create a campaign on end-of-life care for purposes of

29  educating the public. This campaign should include culturally

30  sensitive programs to improve understanding of end-of-life

31  care issues in minority communities.

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  1         Section 8.  Section 765.1103, Florida Statutes, is

  2  created to read:

  3         765.1103  Pain management and palliative care.--

  4         (1)  A patient shall be given information concerning

  5  pain management and palliative care when he or she discusses

  6  with the attending or treating physician, or such physician's

  7  designee, the diagnosis, planned course of treatment,

  8  alternatives, risks, or prognosis for his or her illness,

  9  unless such information is medically inadvisable or impossible

10  to give, in which case the information must be given, when

11  appropriate, to the patient's surrogate, proxy, guardian, or

12  other designated representative.

13         (2)  When the patient is receiving care as an admitted

14  patient of a facility or a provider or is a subscriber of a

15  health care facility, health care provider, or health care

16  practitioner regulated under chapter 395, chapter 400, chapter

17  458, chapter 459, chapter 464, or chapter 641, Florida

18  Statutes, such facility, provider, or practitioner must, when

19  appropriate, comply with a request for pain management or

20  palliative care from a capacitated patient or an incapacitated

21  patient's surrogate; proxy; representative appointed under

22  chapter 744, if delegated the authority to make medical

23  decisions on behalf of the patient; or a representative

24  designated under chapter 709, who has the authority to make

25  medical decisions on behalf of the patient.

26         Section 9.  Section 765.203, Florida Statutes, is

27  amended to read:

28         765.203  Suggested form of designation.--A written

29  designation of a health care surrogate executed pursuant to

30  this chapter may, but need not be, in the following form:

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  1               DESIGNATION OF HEALTH CARE SURROGATE

  2

  3  Name:....(Last)....(First)....(Middle Initial)....

  4         In the event that I have been determined to be

  5  incapacitated to provide informed consent for medical

  6  treatment and surgical and diagnostic procedures, I wish to

  7  designate as my surrogate for health care decisions:

  8

  9  Name:.........................................................

10  Address:......................................................

11  .......................................... Zip Code:......

12  Phone:................

13         If my surrogate is unwilling or unable to perform his

14  or her duties, I wish to designate as my alternate surrogate:

15  Name:.........................................................

16  Address:......................................................

17  .......................................... Zip Code:........

18  Phone:................

19         I fully understand that this designation will permit my

20  designee to make health care decisions, except for anatomical

21  gifts, unless I have executed an anatomical-gift declaration

22  pursuant to law, and to provide, withhold, or withdraw consent

23  on my behalf; to apply for public benefits to defray the cost

24  of health care; and to authorize my admission to or transfer

25  from a health care facility.

26  Additional instructions (optional):...........................

27  ..............................................................

28  ..............................................................

29  ..............................................................

30         I further affirm that this designation is not being

31  made as a condition of treatment or admission to a health care

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  1  facility.  I will notify and send a copy of this document to

  2  the following persons other than my surrogate, so they may

  3  know who my surrogate is.

  4  Name:.........................................................

  5  Name:.........................................................

  6  ..............................................................

  7  ..............................................................

  8  Signed:.......................................................

  9  Date:.........................................................

10  Witnesses: 1.................................................

11             2.................................................

12         Section 10.  Subsection (2) of section 765.204, Florida

13  Statutes, is amended to read:

14         765.204  Capacity of principal; procedure.--

15         (2)  If a principal's capacity to make health care

16  decisions for herself or himself or provide informed consent

17  is in question, the attending physician shall evaluate the

18  principal's capacity and, if the physician concludes that the

19  principal lacks capacity, enter that evaluation in the

20  principal's medical record. If the attending physician has a

21  question as to whether the principal lacks capacity, another

22  physician shall also evaluate the principal's capacity, and.

23  if the second physician agrees that the principal lacks the

24  capacity to make health care decisions or provide informed

25  consent, the health care facility shall enter both physician's

26  evaluations in the principal's medical clinical record. and,

27  If the principal has designated a health care surrogate, the

28  facility shall notify such surrogate in writing that her or

29  his authority under the instrument has commenced, as provided

30  in s. 765.203 or chapter 709.

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  1         Section 11.  Section 765.205, Florida Statutes, is

  2  amended to read:

  3         765.205  Responsibility of the surrogate.--

  4         (1)  The surrogate, in accordance with the principal's

  5  instructions, unless such authority has been expressly limited

  6  by the principal, shall:

  7         (a)  Have authority to act for the principal and to

  8  make all health care decisions for the principal during the

  9  principal's incapacity, in accordance with the principal's

10  instructions, unless such authority has been expressly limited

11  by the principal.

12         (b)  Consult expeditiously with appropriate health care

13  providers to provide informed consent, and make only health

14  care decisions for the principal which he or she believes the

15  principal would have made under the circumstances if the

16  principal were capable of making such decisions.

17         (c)  Provide written consent using an appropriate form

18  whenever consent is required, including a physician's order

19  not to resuscitate.

20         (d)  Be provided access to the appropriate medical

21  clinical records of the principal.

22         (e)  Apply for public benefits, such as Medicare and

23  Medicaid, for the principal and have access to information

24  regarding the principal's income and assets and banking and

25  financial records to the extent required to make application.

26  A health care provider or facility may not, however, make such

27  application a condition of continued care if the principal, if

28  capable, would have refused to apply.

29         (2)  The surrogate may authorize the release of

30  information and medical clinical records to appropriate

31  persons to ensure the continuity of the principal's health

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  1  care and may authorize the admission, discharge, or transfer

  2  of the principal to or from a health care facility or other

  3  facility or program licensed under chapter 400.

  4         (3)  If, after the appointment of a surrogate, a court

  5  appoints a guardian, the surrogate shall continue to make

  6  health care decisions for the principal, unless the court has

  7  modified or revoked the authority of the surrogate pursuant to

  8  s. 744.3115. The surrogate may be directed by the court to

  9  report the principal's health care status to the guardian.

10         Section 12.  Subsection (1) of section 765.303, Florida

11  Statutes, is amended to read:

12         765.303  Suggested form of a living will.--

13         (1)  A living will may, BUT NEED NOT, be in the

14  following form:

15                           Living Will

16         Declaration made this .... day of ...., ...(year)...,

17  I, ........, willfully and voluntarily make known my desire

18  that my dying not be artificially prolonged under the

19  circumstances set forth below, and I do hereby declare that,

20  if at any time I am both mentally and physically incapacitated

21  and

22         ...(initial)... and I have a terminal condition

23         or ...(initial)... and I have an end-stage end-state

24  condition

25         or ...(initial)... and I am in a persistent vegetative

26  state

27

28  and if my attending or treating physician and another

29  consulting physician have determined that there is no

30  reasonable medical probability of my recovery from such

31  condition, I direct that life-prolonging procedures be

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  1  withheld or withdrawn when the application of such procedures

  2  would serve only to prolong artificially the process of dying,

  3  and that I be permitted to die naturally with only the

  4  administration of medication or the performance of any medical

  5  procedure deemed necessary to provide me with comfort care or

  6  to alleviate pain.

  7         It is my intention that this declaration be honored by

  8  my family and physician as the final expression of my legal

  9  right to refuse medical or surgical treatment and to accept

10  the consequences for such refusal.

11         In the event that I have been determined to be unable

12  to provide express and informed consent regarding the

13  withholding, withdrawal, or continuation of life-prolonging

14  procedures, I wish to designate, as my surrogate to carry out

15  the provisions of this declaration:

16

17  Name:.........................................................

18  Address:......................................................

19  .......................................... Zip Code:......

20  Phone:................

21         I understand the full import of this declaration, and I

22  am emotionally and mentally competent to make this

23  declaration.

24  Additional Instructions (optional):

25  ..............................................................

26  ..............................................................

27  ..............................................................

28                         ....(Signed)....

29                         ....Witness....

30                         ....Address....

31                          ....Phone....

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  1                         ....Witness....

  2                         ....Address....

  3                          ....Phone....

  4

  5         Section 13.  Subsection (2) of section 765.305, Florida

  6  Statutes, is amended to read:

  7         765.305  Procedure in absence of a living will.--

  8         (2)  Before exercising the incompetent patient's right

  9  to forego treatment, the surrogate must be satisfied that:

10         (a)  The patient does not have a reasonable medical

11  probability of recovering capacity so that the right could be

12  exercised by the patient.

13         (b)  The patient is both mentally and physically

14  incapacitated with no reasonable medical probability of

15  recovery, the patient has an end-stage condition, the patient

16  is in a persistent vegetative state, or the patient's physical

17  condition is terminal.

18         Section 14.  Section 765.306, Florida Statutes, is

19  amended to read:

20         765.306  Determination of patient condition.--In

21  determining whether the patient has a terminal condition, has

22  an end-stage condition, or is in a persistent vegetative state

23  or may recover mental and physical capacity, or whether a

24  medical condition or limitation referred to in an advance

25  directive exists, the patient's attending or treating

26  physician and at least one other consulting physician must

27  separately examine the patient. The findings of each such

28  examination must be documented in the patient's medical record

29  and signed by each examining physician before life-prolonging

30  procedures may be withheld or withdrawn.

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  1         Section 15.  Subsection (3) of section 765.401, Florida

  2  Statutes, is amended to read:

  3         765.401  The proxy.--

  4         (3)  Before exercising the incapacitated patient's

  5  rights to select or decline health care, the proxy must comply

  6  with the pertinent provisions of ss. 765.205 and 765.305

  7  applicable to surrogates under this chapter, except that a

  8  proxy's decision to withhold or withdraw life-prolonging

  9  procedures must either:

10         (a)  Be supported by a written declaration; or

11         (b)  If there is no written declaration, the patient

12  must have a terminal condition, have an end-stage condition,

13  or be in a persistent vegetative state, and the proxy's

14  decision must be supported by clear and convincing evidence

15  that the decision would have been the one the patient would

16  have chosen had the patient been competent.

17         Section 16.  End-of-Life Care Workgroup.--

18         (1)  There is created within the Department of Elderly

19  Affairs the End-of-Life Care Workgroup. The workgroup shall:

20         (a)  Examine reimbursement methodologies for

21  end-of-life care;

22         (b)  Identify end-of-life care standards that will

23  enable all health care providers along the health-care

24  continuum to participate in an excellent system of delivering

25  end-of-life care; and

26         (c)  Develop recommendations for incentives for

27  appropriate end-of-life care.

28         (2)  The workgroup is composed of the Secretary of

29  Elderly Affairs or his or her designee; the Secretary of

30  Health or his or her designee; the Director of Health Care

31  Administration or his or her designee; a member of the Senate,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1890
    317-1849B-00




  1  appointed by the President of the Senate; a member of the

  2  House of Representatives, appointed by the Speaker of the

  3  House of Representatives; and one representative from each of

  4  the following organizations: the Florida Hospital Association,

  5  the Florida Medical Association, the Florida Osteopathic

  6  Medical Association, the Florida Nurses Association, the

  7  Florida Acupuncture Association, the Florida Pharmacy

  8  Association, Florida Hospices and Palliative Care, Inc., the

  9  Florida Health Care Association, the Florida Assisted Living

10  Association, the Florida Association of Homes for the Aging,

11  the Florida Life Care Residents Association, the Florida

12  Association of Insurance and Financial Advisors, and the

13  Florida Association of Health Maintenance Organizations.

14         (3)  The workgroup shall exist for 1 year and shall

15  meet as often as necessary to carry out its duties and

16  responsibilities. Within existing resources, the Department of

17  Elderly Affairs shall provide support services to the

18  workgroup. Workgroup members shall serve without compensation.

19         (4)  The workgroup shall submit a report of its

20  findings and recommendations to the Governor, the President of

21  the Senate, and the Speaker of the House of Representatives by

22  December 31, 2000.

23         (5)  This section expires May 1, 2001.

24         Section 17.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2000                           CS for SB 1890
    317-1849B-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1890

  3

  4  Deletes changes to the Florida Patient's Bill of Rights and
    Responsibilities. Clarifies that authority to recognize and
  5  act on a prehospital order not to resuscitate does not affect
    the authority of a physician to issue an order not to
  6  resuscitate or the authority of nursing home, assisted living
    facility, or hospice staff to act in accordance with such a
  7  physician order. Requires certain health care facilities,
    health care providers, and health care practitioners to comply
  8  with a patient's request for pain management or palliative
    care, when appropriate. Revises requirements for designating a
  9  health care surrogate so that determination of incapacity,
    instead of both mental and physical incapacity, is a
10  prerequisite for such surrogate's authority to commence.
    Revises the statutory form for designation of a health care
11  surrogate and the statutory living will form. Reinstates
    current law, and conforms the related statutory form, that
12  requires a consulting physician to evaluate a patient
    separately from the attending or treating physician when
13  determining a patient's condition for purposes of activating a
    living will or withholding or withdrawing life-prolonging
14  procedures.

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