Senate Bill sb2156c1

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    Florida Senate - 2001                           CS for SB 2156

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




    317-1806-01

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         456.031, F.S.; allowing licensees under ch.

  4         466, F.S., to complete a course designated by

  5         the Board of Dentistry, rather than a course in

  6         end-of-life care and palliative care, as an

  7         alternative to completing a domestic-abuse

  8         course; amending s. 456.033, F.S.; allowing

  9         licensees under ch. 466, F.S., to complete a

10         course designated by the Board of Dentistry,

11         rather than a course in end-of-life care and

12         palliative care, as an alternative to

13         completing certain instruction on human

14         immunodeficiency virus and acquired immune

15         deficiency syndrome; amending s. 765.101, F.S.;

16         redefining the term "end-stage condition";

17         amending s. 765.102, F.S.; prescribing the

18         content and suitability of palliative care;

19         amending s. 765.205, F.S.; prescribing the

20         standards of decision-making which are to be

21         used in certain circumstances by health

22         surrogates, by persons who have durable powers

23         of attorney for health care, and by proxy

24         decisionmakers; amending s. 765.401, F.S.;

25         prescribing the standards of decisionmaking

26         which are to be used in certain circumstances

27         by proxies; providing an effective date.

28

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

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    Florida Senate - 2001                           CS for SB 2156
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  1         Section 1.  Section 456.031, Florida Statutes, is

  2  amended to read:

  3         456.031  Requirement for instruction on domestic

  4  violence.--

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

  6  licensed or certified under chapter 458, chapter 459, part I

  7  of chapter 464, chapter 466, chapter 467, chapter 490, or

  8  chapter 491 to complete a 1-hour continuing education course,

  9  approved by the board, on domestic violence, as defined in s.

10  741.28, as part of biennial relicensure or recertification.

11  The course shall consist of information on the number of

12  patients in that professional's practice who are likely to be

13  victims of domestic violence and the number who are likely to

14  be perpetrators of domestic violence, screening procedures for

15  determining whether a patient has any history of being either

16  a victim or a perpetrator of domestic violence, and

17  instruction on how to provide such patients with information

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

19  community, such as domestic violence centers and other

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

21  counseling, batterer counseling, or child protection services.

22         (b)  Each such licensee or certificateholder shall

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

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

25  renewal.

26         (c)  The board may approve additional equivalent

27  courses that may be used to satisfy the requirements of

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

29  to complete an educational course pursuant to this subsection

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

31  the total hours of continuing education required by law for

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    Florida Senate - 2001                           CS for SB 2156
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  1  such profession unless the continuing education requirements

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

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

  4  the provisions of this subsection shall be permitted to show

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

  6  violence, for purposes of relicensure or recertification for

  7  additional licenses.

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

  9  subsection shall constitute grounds for disciplinary action

10  under each respective practice act and under s. 456.072(1)(k).

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

12  required to complete such course.

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

14  granting a license under any chapter specified in paragraph

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

16  appropriate chapter complete an educational course acceptable

17  to the board on domestic violence which is substantially

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

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

20  licensure shall, upon submission of an affidavit showing good

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

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

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

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

25  licensee or certificateholder has completed an approved

26  domestic violence course in the immediately preceding

27  biennium. In lieu of completing a course as required in

28  subsection (1), a person licensed under chapter 466 may

29  complete a course designated by the Board of Dentistry, if the

30  licensee has completed an approved domestic-violence course in

31  the immediately preceding biennium.

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    Florida Senate - 2001                           CS for SB 2156
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  1         (4)  Each board may adopt rules to carry out the

  2  provisions of this section.

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

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

  5  chairs of the appropriate substantive committees of the

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

  7  of and compliance with the requirements of this section.

  8         Section 2.  Subsection (9) of section 456.033, Florida

  9  Statutes, is amended to read:

10         456.033  Requirement for instruction for certain

11  licensees on human immunodeficiency virus and acquired immune

12  deficiency syndrome.--

13         (9)  In lieu of completing a course as required in

14  subsection (1), the licensee may complete a course in

15  end-of-life care and palliative health care, so long as the

16  licensee completed an approved AIDS/HIV course in the

17  immediately preceding biennium.  In lieu of completing a

18  course as required in subsection (1), a person licensed under

19  chapter 466 may complete a course designated by the Board of

20  Dentistry, as long as the licensee has completed an approved

21  AIDS/HIV course in the immediately preceding biennium.

22         Section 3.  Subsection (4) of section 765.101, Florida

23  Statutes, is amended to read:

24         765.101  Definitions.--As used in this chapter:

25         (4)  "End-stage condition" means a condition that is

26  caused by injury, disease, or illness which has resulted in

27  progressively severe and permanent deterioration, indicated by

28  incapacity and complete physical dependency, and for which the

29  patient or resident, or his or her authorized representative,

30  would consider life-prolonging treatment to be more of a

31  burden than a benefit, to a reasonable degree of medical

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    Florida Senate - 2001                           CS for SB 2156
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  1  certainty, treatment of the irreversible condition would be

  2  medically ineffective.

  3         Section 4.  Present subsection (5) of section 765.102,

  4  Florida Statutes, is redesignated as subsection (6), and a new

  5  subsection (5) is added to that section, to read:

  6         765.102  Legislative findings and intent.--

  7         (5)  Palliative care is the comprehensive management of

  8  the physical, psychological, social, spiritual, and

  9  existential needs of patients. It is especially suited to the

10  care of people who have incurable, progressive illness.

11  Palliative care must include:

12         (a)  An opportunity to discuss and plan for end-of-life

13  care.

14         (b)  Assurance that physical and mental suffering will

15  be carefully attended to.

16         (c)  Assurance that preferences for withholding and

17  withdrawing life-sustaining interventions will be honored.

18         (d)  Assurance that the personal goals of the dying

19  person will be addressed.

20         (e)  Assurance that the dignity of the dying person

21  will be a priority.

22         (f)  Assurance that healthcare providers will not

23  abandon the dying person.

24         (g)  Assurance that the burden to family and others

25  will be addressed.

26         (h)  Assurance that advance directives for care will be

27  respected regardless of the location of care.

28         (i)  Assurance that organizational mechanisms are in

29  place to evaluate the availability and quality of end-of-life,

30  palative, and hospice care services, including the evaluation

31  of administrative and regulatory barriers.

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    Florida Senate - 2001                           CS for SB 2156
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  1         (j)  Assurance that necessary healthcare services will

  2  be provided and that relevant reimbursement policies are

  3  available.

  4         (k)  Assurance that the goals expressed in paragraphs

  5  (a)-(j) will be accomplished in a culturally appropriate

  6  manner.

  7         Section 5.  Subsection (1) of section 765.205, Florida

  8  Statutes, is amended to read:

  9         765.205  Responsibility of the surrogate.--

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

11  instructions, unless such authority has been expressly limited

12  by the principal, shall:

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

14  make all health care decisions for the principal during the

15  principal's incapacity.

16         (b)  Consult expeditiously with appropriate health care

17  providers to provide informed consent, and make only health

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

19  principal would have made under the circumstances if the

20  principal were capable of making such decisions. If there is

21  no indication of what the principal would have chosen, the

22  surrogate, the person who has the durable power of attorney

23  for health care, or the proxy decisionmaker may use a

24  best-interest standard in deciding that proposed treatments

25  are to be withheld or that treatments currently in effect are

26  to be withdrawn.

27         (c)  Provide written consent using an appropriate form

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

29  not to resuscitate.

30         (d)  Be provided access to the appropriate medical

31  records of the principal.

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    Florida Senate - 2001                           CS for SB 2156
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  1         (e)  Apply for public benefits, such as Medicare and

  2  Medicaid, for the principal and have access to information

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

  4  financial records to the extent required to make application.

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

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

  7  capable, would have refused to apply.

  8         Section 6.  Subsections (2) and (3) of section 765.401,

  9  Florida Statutes, are amended to read:

10         765.401  The proxy.--

11         (2)  Any health care decision made under this part must

12  be based on the proxy's informed consent and on the decision

13  the proxy reasonably believes the patient would have made

14  under the circumstances. If there is no indication of what the

15  patient would have chosen, the proxy may use a best-interest

16  standard in deciding that proposed treatments are to be

17  withheld or that treatments currently in effect are to be

18  withdrawn.

19         (3)  Before exercising the incapacitated patient's

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

21  with the provisions of ss. 765.205 and 765.305, except that a

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

23  procedures must be supported by clear and convincing evidence

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

25  have chosen had the patient been competent or, if there is no

26  indication of what the patient would have chosen, that the

27  decision is in the patient's best interest.

28         Section 7.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 2156
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2156

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  4  CS for SB 2156 amends the bill to provide that palliative care
    include hospice care services and the evaluation of
  5  administrative and regulatory barriers. The bill is also
    amended to delete the original language that the
  6  substituted-judgment standard is the preferred standard of
    decisionmaking for health care surrogates and proxies.
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