House Bill hb1075

    Florida House of Representatives - 2001                HB 1075

        By Representative Negron






  1                      A bill to be entitled

  2         An act relating to consent to medical care or

  3         treatment of a minor; amending s. 743.0645,

  4         F.S.; providing that a power of attorney to

  5         provide such consent includes the power to

  6         consent to surgical and general anesthesia

  7         services; providing an effective date.

  8

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

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11         Section 1.  Paragraph (b) of subsection (1) and

12  paragraph (a) of subsection (2) of section 743.0645, Florida

13  Statutes, are amended to read:

14         743.0645  Other persons who may consent to medical care

15  or treatment of a minor.--

16         (1)  As used in this section, the term:

17         (b)  "Medical care and treatment" includes ordinary and

18  necessary medical and dental examination and treatment,

19  including blood testing, preventive care including ordinary

20  immunizations, tuberculin testing, and well-child care, but

21  does not include surgery, general anesthesia, provision of

22  psychotropic medications, or other extraordinary procedures

23  for which a separate court order, power of attorney, or

24  informed consent as provided by law is required.

25         (2)  Any of the following persons, in order of priority

26  listed, may consent to the medical care or treatment of a

27  minor who is not committed to the Department of Children and

28  Family Services or the Department of Juvenile Justice or in

29  their custody under chapter 39, chapter 984, or chapter 985

30  when, after a reasonable attempt, a person who has the power

31  to consent as otherwise provided by law cannot be contacted by

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






    Florida House of Representatives - 2001                HB 1075

    786-105-01






  1  the treatment provider and actual notice to the contrary has

  2  not been given to the provider by that person:

  3         (a)  A person who possesses a power of attorney to

  4  provide medical consent for the minor. A power of attorney to

  5  provide medical consent for a minor includes the power to

  6  consent to necessary surgical and general anesthesia services

  7  for the minor.

  8

  9  There shall be maintained in the treatment provider's records

10  of the minor documentation that a reasonable attempt was made

11  to contact the person who has the power to consent.

12         Section 2.  This act shall take effect July 1, 2001.

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15                          SENATE SUMMARY

16    Provides that a power of attorney to provide medical
      consent for a minor includes the power to consent to
17    necessary surgical and general anesthesia services for
      the minor.
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CODING: Words stricken are deletions; words underlined are additions.