SENATE AMENDMENT
    Bill No. CS for SB 1578
    Amendment No. ___   Barcode 313534
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 11:01 AM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, between lines 3 and 4,
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16  insert:  
17         Section 2.  Section 743.0645, Florida Statutes, is
18  amended to read:
19         743.0645  Other persons who may consent to medical care
20  or treatment of a minor; Center for Juvenile Psychotropic
21  Studies; creation; purpose; advisory board; report.--
22         (1)  As used in this section, the term:
23         (a)  "Blood testing" includes Early Periodic Screening,
24  Diagnosis, and Treatment (EPSDT) testing and other blood
25  testing deemed necessary by documented history or
26  symptomatology but excludes HIV testing and controlled
27  substance testing or any other testing for which separate
28  court order or informed consent as provided by law is
29  required.
30         (b)  "Medical care and treatment" includes ordinary and
31  necessary medical and dental examination and treatment,
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    4:01 PM   04/27/04                              s1578c1c-14102

SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 including blood testing, preventive care including ordinary 2 immunizations, tuberculin testing, and well-child care, but 3 does not include surgery, general anesthesia, provision of 4 psychotropic medications, or other extraordinary procedures 5 for which a separate court order, power of attorney, or 6 informed consent as provided by law is required. 7 (c) "Person who has the power to consent as otherwise 8 provided by law" includes a natural or adoptive parent, legal 9 custodian, or legal guardian. 10 (d) "Psychotropic medication" means a medicine that may 11 not be dispensed or administered without a prescription which 12 is used for the treatment of medical disorders, and includes 13 hypnotics, antipsychotics, antidepressants, antianxiety 14 agents, sedatives, and mood stabilizers such as lithium, 15 Depakote, and other anticonvulsants used as mood stabilizers 16 and psychomotor stimulants. This paragraph expires July 1, 17 2005. 18 (2) Any of the following persons, in order of priority 19 listed, may consent to the medical care or treatment of a 20 minor who is not committed to the Department of Children and 21 Family Services or the Department of Juvenile Justice or in 22 their custody under chapter 39, chapter 984, or chapter 985 23 when, after a reasonable attempt, a person who has the power 24 to consent as otherwise provided by law cannot be contacted by 25 the treatment provider and actual notice to the contrary has 26 not been given to the provider by that person: 27 (a) A person who possesses a power of attorney to 28 provide medical consent for the minor. A power of attorney 29 executed after July 1, 2001, to provide medical consent for a 30 minor includes the power to consent to medically necessary 31 surgical and general anesthesia services for the minor unless 2 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 such services are excluded by the individual executing the 2 power of attorney. 3 (b) The stepparent. 4 (c) The grandparent of the minor. 5 (d) An adult brother or sister of the minor. 6 (e) An adult aunt or uncle of the minor. 7 8 There shall be maintained in the treatment provider's records 9 of the minor documentation that a reasonable attempt was made 10 to contact the person who has the power to consent. 11 (3) The Department of Children and Family Services or 12 the Department of Juvenile Justice caseworker, juvenile 13 probation officer, or person primarily responsible for the 14 case management of the child, the administrator of any 15 facility licensed by the department under s. 393.067, s. 16 394.875, or s. 409.175, or the administrator of any 17 state-operated or state-contracted delinquency residential 18 treatment facility may consent to the medical care or 19 treatment of any minor committed to it or in its custody under 20 chapter 39, chapter 984, or chapter 985, when the person who 21 has the power to consent as otherwise provided by law cannot 22 be contacted and such person has not expressly objected to 23 such consent. There shall be maintained in the records of the 24 minor documentation that a reasonable attempt was made to 25 contact the person who has the power to consent as otherwise 26 provided by law. 27 (4) The medical provider shall notify the parent or 28 other person who has the power to consent as otherwise 29 provided by law as soon as possible after the medical care or 30 treatment is administered pursuant to consent given under this 31 section. The medical records shall reflect the reason consent 3 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 as otherwise provided by law was not initially obtained and 2 shall be open for inspection by the parent or other person who 3 has the power to consent as otherwise provided by law. 4 (5) The person who gives consent; a physician, 5 dentist, nurse, or other health care professional licensed to 6 practice in this state; or a hospital or medical facility, 7 including, but not limited to, county health departments, 8 shall not incur civil liability by reason of the giving of 9 consent, examination, or rendering of treatment, provided that 10 such consent, examination, or treatment was given or rendered 11 as a reasonable prudent person or similar health care 12 professional would give or render it under the same or similar 13 circumstances. 14 (6) The Center for Juvenile Psychotropic Studies is 15 created within the Department of Psychiatry of the College of 16 Medicine of the University of Florida. The purpose of the 17 center is to collect, track, and assess information regarding 18 minors in state custody held pursuant to chapter 39, chapter 19 984, or chapter 985 who have been or are currently being 20 prescribed psychotropic medications. 21 (a) In addition to determining the number of children 22 in state custody who are receiving psychotropic medications, 23 the types and dosages of medication being prescribed to those 24 children, and any other data relevant to scientifically 25 assessing the status of minors in state custody who are 26 receiving psychotropic medications, the center shall evaluate: 27 1. Whether the child received a full and complete 28 medical evaluation and, to the extent that the medication was 29 prescribed for a psychiatric condition and it is possible to 30 determine from available records, whether or not all other 31 possible physical causes had been ruled out prior to the 4 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 prescribing of psychotropic medication. 2 2. What other treatments and services were recommended 3 for the child in addition to psychotropic medication and 4 whether or not those services were offered or delivered. 5 3. Whether or not informed consent was received from a 6 parent, legal guardian, or the court prior to initiating 7 treatment. 8 4. Whether or not followup monitoring and treatment 9 appropriate to the child's diagnosis and prescribed medication 10 were provided to the child. 11 5. In cases where court authorization was sought, 12 whether a full and complete child resource record was provided 13 to the court for decisionmaking purposes. 14 6. Whether or not the prescription for and type of 15 psychotropic medications prescribed for the child were 16 appropriate for the age and diagnosis of the child and 17 consistent with the medical standard of care for the treatment 18 of the child's condition. 19 (b) The director of the Center for Juvenile 20 Psychotropic Studies shall be appointed by the Dean of the 21 College of Medicine of the University of Florida. 22 (c) There is created an advisory board that shall 23 periodically and objectively review and advise the center on 24 the academic rigor and research parameters of all actions 25 taken pursuant to this subsection. The board shall consist of 26 the following nine members who have backgrounds in psychiatric 27 health: 28 1. The Secretary of Children and Family Services or 29 his or her designee; 30 2. The Secretary of Juvenile Justice or his or her 31 designee; 5 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 3. The Secretary of Health Care Administration or his 2 or her designee; 3 4. The Secretary of Health or his or her designee; 4 5. One member appointed by the President of the Senate 5 from the Florida Psychiatric Society who specializes in 6 treating children and adolescents; 7 6. One member appointed by the Speaker of the House of 8 Representatives who is a pediatrician experienced in treating 9 children and adolescents with psychiatric diseases; 10 7. One member appointed by the President of the 11 University of Florida who is an epidemiologist; and 12 8. Two members appointed by the Governor, one of whom 13 has experience serving as a guardian ad litem to children and 14 adolescents in the custody of the state who have psychiatric 15 diseases, and one of whom is employed by the Louis de la Parte 16 Florida Mental Health Institute and has experience in the 17 academic study of children and adolescents with psychiatric 18 diseases. 19 (d) The center shall work in conjunction with the 20 Department of Children and Family Services, the Department of 21 Juvenile Justice, the Agency for Health Care Administration, 22 and the Department of Health, and, to the extent allowed by 23 the privacy requirements of federal and state laws, those 24 agencies shall work with the center and make available to the 25 center data regarding such dependent minors, including, but 26 not limited to: 27 1. Demographic information, including, but not limited 28 to, age, geographic location, and economic status. 29 2. A family history of each dependent minor, 30 including, but not limited to, the minor's involvement with 31 the child welfare system or the juvenile justice system, all 6 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 applicable social service records, and all applicable court 2 records. 3 3. A medical history of each dependent minor, 4 including, but not limited to, the minor's medical condition. 5 4. All information regarding the medications 6 prescribed or administered to each minor, including, but not 7 limited to, information contained in each minor's medication 8 administration record. 9 5. Practice patterns, licensure, and board 10 certification of prescribing physicians. 11 (e) All oral and written records, information, 12 letters, and reports received, made, or maintained by the 13 center shall be maintained in a manner consistent with all 14 applicable state and federal law. 15 (f) A privilege against civil liability is granted to 16 any person furnishing medical records in furtherance of the 17 charge of the center, unless such person furnishing medical 18 records acted in bad faith or with malice in providing such 19 information. A person who participates in the center's 20 research activities or provides information to the center with 21 regard to the incompetence, impairment, or unprofessional 22 conduct of any health care provider licensed under chapter 23 458, chapter 459, chapter 460, chapter 461, chapter 462, 24 chapter 463, chapter 464, chapter 465, or chapter 466 may not 25 be held liable in any civil action for furnishing such medical 26 records if such person acts without intentional fraud or 27 malice. 28 (g) By January 1, 2005, the center shall report its 29 findings regarding psychotropic medications prescribed to 30 dependent minors in state custody to the President of the 31 Senate, the Speaker of the House of Representatives, and the 7 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 appropriate committee chairs of the Senate and the House of 2 Representatives. 3 (h) This subsection expires July 1, 2005. 4 (7)(6) The Department of Children and Family Services 5 and the Department of Juvenile Justice may adopt rules to 6 implement this section. 7 (8)(7) This section does not affect other statutory 8 provisions of this state that relate to medical consent for 9 minors. 10 11 (Redesignate subsequent sections.) 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 2, line 1, after the semicolon, 17 18 insert: 19 amending s. 743.0645, F.S.; defining the term 20 "psychotropic medication"; creating the Center 21 for Juvenile Psychotropic Studies within the 22 Department of Psychiatry of the College of 23 Medicine of the University of Florida; 24 providing the purpose of the center; providing 25 for the appointment of a director; creating an 26 advisory board; providing for board membership; 27 requiring the center to work with the 28 Department of Children and Family Services, the 29 Department of Juvenile Justice, the Agency for 30 Health Care Administration, and the Department 31 of Health; requiring certain data relating to 8 4:01 PM 04/27/04 s1578c1c-14102
SENATE AMENDMENT Bill No. CS for SB 1578 Amendment No. ___ Barcode 313534 1 dependent minors for whom psychotropic 2 medications have been prescribed to be made 3 available to the center, as legally allowed; 4 requiring the center to report to legislative 5 leaders by a specified date; providing for 6 future repeal; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 4:01 PM 04/27/04 s1578c1c-14102