| 1 | A bill to be entitled |
| 2 | An act relating to health care advance directive and |
| 3 | blood-type recordation; creating s. 320.08049, F.S.; |
| 4 | providing a fee for persons participating in the health |
| 5 | care advance directive and blood-type registry; requiring |
| 6 | certain uses for funds generated by the fee; amending s. |
| 7 | 322.051, F.S.; providing a fee for persons applying for an |
| 8 | identification card who choose to participate in the |
| 9 | health care advance directive and blood-type registry; |
| 10 | amending s. 322.08, F.S.; providing a fee for persons |
| 11 | applying for a driver's license who choose to participate |
| 12 | in the health care advance directive and blood-type |
| 13 | registry; creating s. 765.3061, F.S.; requiring the Agency |
| 14 | for Health Care Administration and the Department of |
| 15 | Highway Safety and Motor Vehicles to develop and implement |
| 16 | a voluntary program for health care advance directive and |
| 17 | blood-type recordation; requiring certain health care |
| 18 | employees to confirm a principal's blood type; providing |
| 19 | for noting an individual's blood type and health care |
| 20 | advance directive relative to life-prolonging procedures |
| 21 | on the individual's driver's license or identification |
| 22 | card upon request; requiring the Division of Driver |
| 23 | Licenses offices to make forms available to the public; |
| 24 | requiring forms to be accessible electronically on the |
| 25 | Internet; requiring certain forms to contain certain |
| 26 | information; requiring the department to distribute |
| 27 | certain forms for the indication of health care directives |
| 28 | and blood type; providing a recordkeeping system; |
| 29 | requiring the agency to provide funds for certain |
| 30 | supplies; requiring the department to provide funds for |
| 31 | the recordkeeping system; creating s. 765.3062, F.S.; |
| 32 | establishing a health care advance directive and blood- |
| 33 | type registry; requiring the department to collect data |
| 34 | and provide collected data to the agency for the registry; |
| 35 | requiring the registry to record certain health care |
| 36 | advance directive and blood-type information; providing |
| 37 | access to the registry by certain persons; providing |
| 38 | guidelines for the processing of certain forms; providing |
| 39 | criteria for revocation or amendment of registry |
| 40 | information by certain individuals; providing for |
| 41 | recording certain documents with the registry; providing |
| 42 | criteria for certain health care advance directives being |
| 43 | submitted; requiring the department and the agency to |
| 44 | develop and implement a living will registry; creating s. |
| 45 | 765.3063, F.S.; providing means to amend or revoke a |
| 46 | health care advance directive or blood type from the |
| 47 | registry; providing for the responsibility of the |
| 48 | principal to update forms; providing standards for |
| 49 | controlling forms and recordings; creating s. 765.3064, |
| 50 | F.S.; providing certain health care employees with civil |
| 51 | and criminal immunity from acts performed in conjunction |
| 52 | with certain information provided by the department; |
| 53 | expressing the sovereign immunity of the agency, the |
| 54 | department, and their employees from criminal prosecution |
| 55 | and civil liability for certain acts or forms; creating s. |
| 56 | 765.3065, F.S.; requiring the agency, subject to the |
| 57 | concurrence of the department, to develop a continuing |
| 58 | education program relating to health care advance |
| 59 | directives and the health care advance directive and |
| 60 | blood-type registry; creating s. 765.3066, F.S.; providing |
| 61 | for appointment of an education panel to create an end-of- |
| 62 | life public education campaign; providing campaign |
| 63 | criteria; providing contractual power for programs aimed |
| 64 | at educating certain health care professionals; requiring |
| 65 | a study to be conducted by the agency; providing for a |
| 66 | report to the Legislature; providing issues for the study |
| 67 | to address; providing an effective date. |
| 68 |
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| 69 | Be It Enacted by the Legislature of the State of Florida: |
| 70 |
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| 71 | Section 1. Section 320.08049, Florida Statutes, is created |
| 72 | to read: |
| 73 | 320.08049 Additional fee imposed for persons participating |
| 74 | in health care advance directive and blood-type registry.-- |
| 75 | (1) Persons submitting initial application forms for |
| 76 | participation in the health care advance directive and blood- |
| 77 | type registry created under s. 765.3062 shall be assessed a fee |
| 78 | of $10. |
| 79 | (2) The fee provided for in subsection (1) shall be used |
| 80 | by the Agency for Health Care Administration to establish and |
| 81 | maintain the health care advance directive and blood-type |
| 82 | registry. Funds received by the agency from such fees shall be |
| 83 | used to: |
| 84 | (a) Obtain equipment and software to expand or improve the |
| 85 | database for the registry and the organ donor program |
| 86 | established under part V of chapter 765. |
| 87 | (b) Employ persons necessary to ensure the proper |
| 88 | operation of the equipment used to maintain the registry. |
| 89 | (c) Fund health care advance directive education efforts |
| 90 | as authorized in ss. 765.3065 and 765.3066. |
| 91 | Section 2. Subsection (8) is added to section 322.051, |
| 92 | Florida Statutes, to read: |
| 93 | 322.051 Identification Cards.-- |
| 94 | (8) A fee of $10 shall be assessed for any person choosing |
| 95 | to submit an initial application to participate in the health |
| 96 | care advance directive and blood-type registry pursuant to s. |
| 97 | 320.08049. |
| 98 | Section 3. Paragraph (f) is added to subsection (6) of |
| 99 | section 322.08, Florida Statutes, to read: |
| 100 | 322.08 Application for license.-- |
| 101 | (6) The application form for a driver's license or |
| 102 | duplicate thereof shall include language permitting the |
| 103 | following: |
| 104 | (f) Assessment of a fee of $10 for any person choosing to |
| 105 | submit an initial application to participate in the health care |
| 106 | advance directive and blood-type registry pursuant to s. |
| 107 | 320.08049. |
| 108 |
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| 109 | A statement providing an explanation of the purpose of the trust |
| 110 | funds shall also be included. |
| 111 | Section 4. Section 765.3061, Florida Statutes, is created |
| 112 | to read: |
| 113 | 765.3061 Health care advance directives and blood-type |
| 114 | indication as part of driver's license or identification card |
| 115 | process.-- |
| 116 | (1) The Agency for Health Care Administration and the |
| 117 | Department of Highway Safety and Motor Vehicles shall develop |
| 118 | and implement a program encouraging and allowing a person, at |
| 119 | the person's request, to voluntarily make a health care advance |
| 120 | directive, as well as to voluntarily provide his or her blood |
| 121 | type, both of which may be noted on the person's driver's |
| 122 | license or identification card, upon issuance or renewal of |
| 123 | these documents. |
| 124 | (2) The health care advance directive form and blood-type |
| 125 | confirmation form, both of which are to be distributed by the |
| 126 | department, shall be developed by the agency in consultation |
| 127 | with the department. The health care advance directive form |
| 128 | shall include the living will specified in s. 765.303, which |
| 129 | must be executed in accordance with s. 765.302. The blood-type |
| 130 | confirmation form must be signed by a person's physician or an |
| 131 | agent of a blood bank or laboratory that has documentation of |
| 132 | the person's blood type. The health care advance directive and |
| 133 | blood-type confirmation forms may require additional information |
| 134 | and may include additional material as deemed necessary by the |
| 135 | agency and the department. An individual completing a health |
| 136 | care advance directive form or blood-type confirmation form |
| 137 | shall have included on his or her driver's license or |
| 138 | identification card a notation on the front of the card clearly |
| 139 | indicating the individual's intent concerning life-prolonging |
| 140 | procedures and the individual's blood type. A notation on an |
| 141 | individual's driver's license or identification card that the |
| 142 | individual has a health care advance directive or that provides |
| 143 | the individual's blood type is sufficient to satisfy all |
| 144 | requirements concerning life-prolonging procedures and necessary |
| 145 | blood-type information for health care providers. |
| 146 | (3)(a) All forms relating to the execution, amendment, or |
| 147 | revocation of a health care advance directive or blood-type |
| 148 | confirmation for the purpose of participating in the registry |
| 149 | shall be made available to the public at all offices of the |
| 150 | Division of Driver Licenses, as well as electronically on the |
| 151 | Internet. |
| 152 | (b) The forms relating to the execution of a health care |
| 153 | advance directive or confirmation of blood type, for purposes of |
| 154 | participating in the registry, shall: |
| 155 | 1. Require an express declaration that the principal has |
| 156 | read the form and understands its contents. |
| 157 | 2. Require an express waiver of any privacy rights granted |
| 158 | under state or federal law. |
| 159 | 3. Require an express waiver of liability for health care |
| 160 | providers who rely upon the information contained on the |
| 161 | principal's driver's license or the registry. |
| 162 | 4. Require an acknowledgment from the principal that it is |
| 163 | the responsibility of the principal to submit an amendment form |
| 164 | or revocation form to the Division of Driver Licenses if it is |
| 165 | the principal's desire to change or remove any document recorded |
| 166 | in the registry. |
| 167 | 5. Require acknowledgment from the principal that a |
| 168 | reasonable delay will occur in the recording of a newly executed |
| 169 | form in the registry by the agency and department, regardless of |
| 170 | whether it is a health care advance directive or blood-type |
| 171 | confirmation form, or any amendment or revocation thereof, and |
| 172 | that health care providers will rely on the information in the |
| 173 | registry available at the time such information is obtained by a |
| 174 | health care provider. |
| 175 | (4) The agency shall provide the necessary supplies and |
| 176 | forms through funds appropriated from general revenue, any |
| 177 | authorized fees, or contributions from interested, voluntary, |
| 178 | nonprofit organizations. The department shall provide the |
| 179 | necessary recordkeeping system through funds appropriated from |
| 180 | general revenue. |
| 181 | Section 5. Section 765.3062, Florida Statutes, is created |
| 182 | to read: |
| 183 | 765.3062 Health care advance directive and blood-type |
| 184 | registry; use of forms and delivery of documents.-- |
| 185 | (1) There is established a health care advance directive |
| 186 | and blood-type registry. This registry shall be an expansion of |
| 187 | the organ and tissue donor registry that is created, |
| 188 | administered, and maintained in accordance with part V of this |
| 189 | chapter. |
| 190 | (2) The forms to be recorded in the registry shall be |
| 191 | collected by the Department of Highway Safety and Motor Vehicles |
| 192 | and provided to the Agency for Health Care Administration in a |
| 193 | manner similar to the forms and information collected for |
| 194 | anatomical gifts as provided in part V of this chapter. The |
| 195 | registry shall record, through electronic means, health care |
| 196 | advance directive and blood-type documents submitted through the |
| 197 | driver's license identification program or obtained from other |
| 198 | sources. The registry shall be maintained in a manner that will |
| 199 | allow, through electronic and telephonic methods, immediate |
| 200 | access to health care advance directive and blood-type documents |
| 201 | 24 hours a day, 7 days a week. Hospitals and other parties |
| 202 | identified by rule of the agency shall be allowed access, |
| 203 | through coded means, to the information stored in the registry. |
| 204 | (3) If a health care advance directive is made through the |
| 205 | program established under s. 765.3061, the completed health care |
| 206 | advance directive shall be delivered to the department and |
| 207 | processed in the manner specified in subsection (4). Delivery of |
| 208 | the health care advance directive is not necessary for the |
| 209 | validity of the health care advance directive. If a person |
| 210 | amends or revokes a health care advance directive in accordance |
| 211 | with s. 765.3063, the records of the department shall be updated |
| 212 | to reflect such status of the health care advance directive. |
| 213 | (4) If a health care advance directive is made by an |
| 214 | individual, other than through the program established by the |
| 215 | agency and the department, the document may be recorded in the |
| 216 | registry administered by the agency and noted on an individual's |
| 217 | driver's license, if the individual follows the procedure and |
| 218 | the health care advance directive meets the criteria set forth |
| 219 | in this chapter and in any rules of the department and the |
| 220 | agency. |
| 221 | (5) The agency and the department shall develop and |
| 222 | implement a living will registry as an expansion and improvement |
| 223 | of the organ donor database maintained by the agency. |
| 224 | Section 6. Section 765.3063, Florida Statutes, is created |
| 225 | to read: |
| 226 | 765.3063 Amendment to or revocation of a health care |
| 227 | advance directive or removal of blood type from the registry; |
| 228 | responsibility of the participant; last documents submitted and |
| 229 | recorded are controlling documents.-- |
| 230 | (1) A person may amend or revoke a health care advance |
| 231 | directive by the execution and delivery of the appropriate form, |
| 232 | signed and properly executed, to the Department of Highway |
| 233 | Safety and Motor Vehicles to be transmitted to the Agency for |
| 234 | Health Care Administration for recording in or removal from the |
| 235 | registry. |
| 236 | (2) If a person participates in the health care advance |
| 237 | directive and blood-type registry, it is the responsibility of |
| 238 | the principal to complete and submit the appropriate forms |
| 239 | needed to amend or revoke the health care advance directive or |
| 240 | blood-type information. If a person chooses to participate in |
| 241 | the registry, the most recently submitted forms recorded in the |
| 242 | registry shall be considered the controlling documents of the |
| 243 | participant in any dispute or decision by a health care |
| 244 | provider. |
| 245 | (3) A person may remove the record of his or her blood |
| 246 | type from the registry by signing a form provided by the |
| 247 | department, as developed in conjunction with the agency, that is |
| 248 | signed in the presence of an employee of the department. |
| 249 | (4) Nothing in this section shall affect a principal's |
| 250 | right to amend or revoke a health care advance directive or |
| 251 | designation of a surrogate as authorized under s. 765.104 if the |
| 252 | principal is not participating in the agency's health care |
| 253 | advance directive and blood-type registry. |
| 254 | Section 7. Section 765.3064, Florida Statutes, is created |
| 255 | to read: |
| 256 | 765.3064 Immunity from liability.-- |
| 257 | (1) Notwithstanding the express waiver of liability signed |
| 258 | by the person who chooses to participate in the health care |
| 259 | advance directive and blood-type registry, a health care |
| 260 | facility or a health care provider, or any other person acting |
| 261 | under the direction of a health care facility or health care |
| 262 | provider, carrying out a health care decision made in accordance |
| 263 | with a properly recorded health care advance directive or blood- |
| 264 | type confirmation transmitted by the Department of Highway |
| 265 | Safety and Motor Vehicles, is not subject to criminal |
| 266 | prosecution or civil liability and will not be deemed to have |
| 267 | engaged in unprofessional conduct. |
| 268 | (2) The Agency for Health Care Administration and the |
| 269 | Department of Highway Safety and Motor Vehicles and any |
| 270 | employees acting within the scope of their employment are immune |
| 271 | from criminal prosecution and civil liability for any acts or |
| 272 | forms recorded in compliance with the provisions of this |
| 273 | chapter. |
| 274 | Section 8. Section 765.3065, Florida Statutes, is created |
| 275 | to read: |
| 276 | 765.3065 Education program relating to health care advance |
| 277 | directives and blood-type registries.--The Agency for Health |
| 278 | Care Administration, subject to the concurrence of the |
| 279 | Department of Highway Safety and Motor Vehicles, shall develop a |
| 280 | continuing education program to educate and inform health care |
| 281 | professionals, including emergency medical personnel, law |
| 282 | enforcement agencies and officers, state and local government |
| 283 | employees, and the public regarding the laws of this state |
| 284 | relating to the health care advance directives and the health |
| 285 | care advance directive and blood-type registry as described in |
| 286 | this chapter. |
| 287 | Section 9. Section 765.3066, Florida Statutes, is created |
| 288 | to read: |
| 289 | 765.3066 Health care advance directives education panel.-? |
| 290 | The Legislature recognizes that every competent adult has the |
| 291 | fundamental right of self-determination regarding decisions |
| 292 | pertaining to his or her health. This includes the right to |
| 293 | choose or refuse medical treatment. A panel of three members |
| 294 | appointed by the secretary of the Department of Elderly Affairs, |
| 295 | the secretary of the Agency for Health Care Administration, and |
| 296 | the secretary of the Department of Health shall jointly create a |
| 297 | campaign on end-of-life care for purposes of educating the |
| 298 | public. This campaign shall include culturally sensitive |
| 299 | programs to improve understanding of end-of-life issues. |
| 300 | Existing community resources, when available, shall be used to |
| 301 | support the program, and volunteers and health care |
| 302 | professionals may assist in the program to the maximum extent |
| 303 | possible. The program aimed at educating health care |
| 304 | professionals may be implemented by contract with one or more |
| 305 | medical schools located in the state. |
| 306 | Section 10. Effective upon this act becoming a law, the |
| 307 | Agency for Health Care Administration shall conduct a study of |
| 308 | the implementation of the health care advance directive and |
| 309 | blood-type registry and report its findings and recommendations |
| 310 | to the Speaker of the House of Representatives and the President |
| 311 | of the Senate by January 1, 2005. The study shall, at a minimum, |
| 312 | examine and make recommendations concerning the following: |
| 313 | (1) The nonrecurring capital outlay and recurring |
| 314 | operational funding necessary to establish and maintain the |
| 315 | health care advance directive and blood-type registry. |
| 316 | (2) The efficiency and cost-effectiveness of databases and |
| 317 | procedures used to maintain the data in the registry and to |
| 318 | transfer forms between the Department of Highway Safety and |
| 319 | Motor Vehicles and the Agency for Health Care Administration. |
| 320 | (3) The reasonable timeframes necessary to record forms |
| 321 | and other information in the registry and make such information |
| 322 | available to health care facilities and appropriate |
| 323 | professionals. |
| 324 | (4) The types of disclosures and disclaimers necessary to |
| 325 | be included in the forms used for the health care advance |
| 326 | directive and blood-type registry. |
| 327 | (5) The projected number of persons who may participate in |
| 328 | the health care advance directive and blood-type registry and |
| 329 | the sufficiency of the fees assessed to fund the registry and |
| 330 | health care advance directive education efforts. |
| 331 | Section 11. This act shall take effect upon becoming a |
| 332 | law. |