House Bill 0677
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 677
By Representative Greenstein
1 A bill to be entitled
2 An act relating to emergency medical services;
3 amending ss. 401.35 and 401.45, F.S.; providing
4 for rules of the Department of Health
5 authorizing emergency medical technicians and
6 paramedics to honor information relating to a
7 do-not-resuscitate order encoded on a patient's
8 driver license or identification card; creating
9 s. 401.50, F.S.; directing the Agency for
10 Health Care Administration and the Department
11 of Highway Safety and Motor Vehicles to develop
12 and implement a program to register
13 do-not-resuscitate orders as part of the driver
14 license and identification card process;
15 providing for encoding information on the
16 driver license or identification card;
17 providing for funding; providing for
18 maintenance of an electronic registry;
19 providing for rules; providing a funding
20 restriction; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (4) of section 401.35, Florida
25 Statutes, is amended to read:
26 401.35 Rules.--The department shall adopt rules
27 necessary to carry out the purposes of this part.
28 (4) The rules must establish circumstances and
29 procedures under which emergency medical technicians and
30 paramedics may honor orders by the patient's physician not to
31 resuscitate or information relating to a do-not-resuscitate
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 677
706-101A-99
1 order encoded on a patient's driver license or identification
2 card, and the documentation and reporting requirements for
3 handling such requests.
4 Section 2. Subsection (3) of section 401.45, Florida
5 Statutes, is amended to read:
6 401.45 Denial of emergency treatment; civil
7 liability.--
8 (3)(a) Resuscitation or life-prolonging techniques may
9 be withheld or withdrawn from a patient by an emergency
10 medical technician or paramedic if evidence of an order not to
11 resuscitate by the patient's physician or a driver license or
12 identification card issued to the patient by the Department of
13 Highway Safety and Motor Vehicles and encoded with information
14 relating to a do-not-resuscitate order is presented to the
15 emergency medical technician or paramedic in a manner provided
16 by rule of the department.
17 (b) Any licensee, physician, medical director, or
18 emergency medical technician or paramedic who acts under the
19 direction of a medical director is not subject to criminal
20 prosecution or civil liability, and has not engaged in
21 negligent or unprofessional conduct, as a result of the
22 withholding or withdrawal of resuscitation or life-prolonging
23 techniques from a patient pursuant to this subsection and
24 rules adopted by the department.
25 Section 3. Section 401.50, Florida Statutes, is
26 created to read:
27 401.50 Do-not-resuscitate orders as part of driver
28 license or identification card process.--
29 (1) The Agency for Health Care Administration and the
30 Department of Highway Safety and Motor Vehicles shall develop
31 and implement a program allowing persons to register
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 677
706-101A-99
1 do-not-resuscitate orders as a part of the process of issuing
2 identification cards and issuing and renewing driver licenses.
3 A registration card distributed by the Department of Highway
4 Safety and Motor Vehicles shall include such information and
5 documentation relating to the do-not-resuscitate order as may
6 be deemed necessary by that department. The Department of
7 Highway Safety and Motor Vehicles shall also develop and
8 implement a program to identify persons registering
9 do-not-resuscitate orders, which program shall include
10 notations on identification cards, driver licenses, and driver
11 records or such other methods as the department may develop.
12 This program shall include, after an individual has completed
13 a registration card, encoding "DNR" or "Do Not Resuscitate" on
14 the front of the driver license or identification card to
15 indicate the existence of information and documentation
16 relating to a do-not-resuscitate order. The Agency for Health
17 Care Administration shall provide the necessary supplies and
18 forms through funds appropriated from general revenue. The
19 Department of Highway Safety and Motor Vehicles shall provide
20 the necessary recordkeeping system through funds appropriated
21 from general revenue. The Department of Highway Safety and
22 Motor Vehicles and the Agency for Health Care Administration
23 shall incur no liability in connection with the performance of
24 any acts authorized herein.
25 (2) The Agency for Health Care Administration and the
26 Department of Highway Safety and Motor Vehicles shall develop
27 and implement a do-not-resuscitate order registry which shall
28 record, through electronic means, do-not-resuscitate order
29 documents submitted through the driver license and
30 identification card program. The registry shall be maintained
31 in a manner which will allow, through electronic and
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 677
706-101A-99
1 telephonic methods, immediate access to information relating
2 to do-not-resuscitate order documents, 24 hours a day, 7 days
3 a week. Emergency medical technicians, paramedics, and other
4 parties identified by the agency by rule shall be allowed
5 access through coded means to the information stored in the
6 registry.
7 (3) The Department of Highway Safety and Motor
8 Vehicles, after consultation with and concurrence by the
9 Agency for Health Care Administration, shall adopt rules to
10 implement the provisions of this section according to the
11 provisions of chapter 120.
12 (4) Funds expended by the Agency for Health Care
13 Administration to carry out the intent of this section shall
14 not be taken from any funds appropriated for patient care.
15 Section 4. This act shall take effect October 1, 1999.
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18 HOUSE SUMMARY
19
Directs the Agency for Health Care Administration and the
20 Department of Highway Safety and Motor Vehicles to
develop and implement a program to register
21 do-not-resuscitate orders as part of the process of
issuing driver licenses and identification cards.
22 Provides for the encoding of information relating to such
orders on the license or card. Provides for maintenance
23 of an electronic registry providing for the recording,
maintenance, and retrieval of do-not-resuscitate order
24 documents. Provides for rules. Provides for funding from
general revenue, except that agency funds appropriated
25 for patient care may not be used to fund the act.
Provides for rules of the Department of Health
26 authorizing emergency medical technicians and paramedics
to honor do-not-resuscitate order information encoded on
27 a patient's driver license or identification card.
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