Senate Bill sb2572
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2572
    By Senator Crist
    12-1464-06                                              See HB
  1                      A bill to be entitled
  2         An act relating to physician orders for
  3         life-sustaining treatment; creating s.
  4         765.3065, F.S.; requiring the Department of
  5         Health to create a physician orders for
  6         life-sustaining treatment (POLST) form;
  7         providing definitions; requiring the form to be
  8         completed by a licensed health care
  9         professional and signed by specified parties;
10         providing guidelines for use of the form;
11         requiring periodic review of the form;
12         providing requirements for the completion of a
13         new form; providing circumstances in which a
14         form may be revoked; authorizing certain future
15         revisions to the form; requiring a completed
16         form to be part of a principal's medical
17         record; requiring the department to place the
18         form on the department's Internet website;
19         amending s. 765.101, F.S.; including the form
20         in the definition of the term "advance
21         directive"; providing an effective date.
22  
23         WHEREAS, seriously ill patients should be able to
24  communicate their wishes regarding medical treatment as they
25  move from one care setting to another, and
26         WHEREAS, the wishes expressed by an advance directive
27  may in some cases not be honored due to the unavailability of
28  completed forms or a health care professional's inability to
29  quickly translate the language of the document into orders for
30  treatment of specific medical conditions, and
31  
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2572
    12-1464-06                                              See HB
 1         WHEREAS, health care professionals caring for patients
 2  in various settings may in good faith initiate or withhold
 3  treatments contrary to the desires of the patient if the
 4  patient's wishes are not readily available to the treating
 5  health care professionals, and
 6         WHEREAS, physician orders for life-sustaining treatment
 7  (POLST) forms are designed to help health care professionals
 8  honor the treatment wishes of their patients and are now
 9  available in many states, and
10         WHEREAS, in order to document a patient's wishes for
11  life-sustaining treatment in the form of physicians' orders,
12  streamline the transfer of patient records between facilities,
13  clarify treatment intentions, and minimize confusion about
14  patient preferences, a standardized POLST form shall be
15  implemented in the state, NOW, THEREFORE,
16  
17  Be It Enacted by the Legislature of the State of Florida:
18  
19         Section 1.  Section 765.3065, Florida Statutes, is
20  created to read:
21         765.3065  Form for physician orders for life-sustaining
22  treatment.--
23         (1)  The Department of Health shall create, by rule, a
24  standardized, voluntary physician orders for life-sustaining
25  treatment (POLST) form similar to those being used in other
26  states. The department shall make any necessary changes to
27  that form to make it consistent with state law or department
28  rules.
29         (2)  For purposes of this section:
30         (a)  "Licensed health care professional" means a
31  physician licensed under chapter 458, an osteopathic physician
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    Florida Senate - 2006                                  SB 2572
    12-1464-06                                              See HB
 1  licensed under chapter 459, a nurse licensed under part I of
 2  chapter 464, a physician assistant licensed under chapter 458
 3  or chapter 459, or a dentist licensed under chapter 466.
 4         (b)  "Physician" means a person licensed under chapter
 5  458 or chapter 459.
 6         (c)  "Principal" means a competent adult who has
 7  completed a POLST form and on whose behalf health care
 8  decisions are to be made.
 9         (d) "Proxy" means a competent adult who has not been
10  expressly designated to make health care decisions for a
11  particular incapacitated individual, but who, nevertheless, is
12  authorized pursuant to s. 765.401 to make health care
13  decisions for such individual.
14         (e)  "Surrogate" means any competent adult expressly
15  designated by a principal to make health care decisions on
16  behalf of the principal upon the principal's incapacity.
17         (3)  The POLST form shall be completed by a licensed
18  health care professional based on the principal's preferences
19  and medical indications, but the POLST form must be signed by
20  a physician to be valid. Photocopies and facsimiles of signed
21  POLST forms are legal and valid; however, the department
22  strongly encourages the use of the original form.
23         (a)  Any section of the POLST form concerning the
24  following treatments which is not completed implies full
25  treatment for that section:
26         1.  Cardiopulmonary resuscitation;
27         2.  Medical interventions;
28         3.  Antibiotics; or
29         4.  Artificially administered nutrition.
30  
31  
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2572
    12-1464-06                                              See HB
 1  Oral fluids and nutrition must always be offered if medically
 2  feasible.
 3         (b)  Intravenous fluids or medication may be
 4  administered to a principal to enhance comfort if the
 5  principal has chosen the category "Comfort Measures Only" on
 6  the POLST form for authorized medical interventions.
 7         (c)  The principal, if competent, or the surrogate or
 8  proxy may revoke the POLST form at any time and request
 9  alternative treatment.
10         (d)  A principal must sign the form if the principal
11  has the capacity and competence to sign the form in accordance
12  with chapter 765.
13         (e)  A principal is not required to sign the form if he
14  or she does not have the capacity or competence to sign the
15  form. The physician shall verify the signature of the
16  principal, or the signature of the surrogate or proxy if the
17  principal is incapacitated or incompetent, before the
18  physician affixes his or her signature to validate the POLST
19  form.
20         (f)  The POLST form must be reviewed periodically. A
21  new POLST form must be completed when:
22         1.  The principal is transferred from one care setting
23  or care level to another;
24         2.  There is a substantial change in the health status
25  of the principal; or
26         3.  The treatment preferences of the principal change.
27  
28  When a new POLST form is completed, the form must be signed by
29  a physician.
30         (g)  If an advance directive document with a more
31  recent execution date is provided to the facility where the
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    Florida Senate - 2006                                  SB 2572
    12-1464-06                                              See HB
 1  principal is located, the advance directive document is
 2  legally controlling. The facility must revoke the POLST form
 3  submitted before the advance directive and offer the
 4  principal, or the surrogate or proxy, the opportunity to
 5  complete and sign a new POLST form.
 6         (4)  The Department of Health shall make any future
 7  changes to the POLST form which are necessary to reflect
 8  changes in state law or department rules or may otherwise
 9  modify the POLST form in accordance with this section.
10         (5)  If a completed POLST form expresses a principal's
11  desires concerning life-sustaining procedures and has been
12  signed by a reviewing physician, that form shall be included
13  in the medical record of the principal.
14         (6)  The Department of Health shall make the POLST form
15  available on the department's Internet website.
16         Section 2.  Subsection (1) of section 765.101, Florida
17  Statutes, is amended to read:
18         765.101  Definitions.--As used in this chapter:
19         (1)  "Advance directive" means a witnessed written
20  document or oral statement in which instructions are given by
21  a principal or in which the principal's desires are expressed
22  concerning any aspect of the principal's health care, and
23  includes, but is not limited to, the designation of a health
24  care surrogate, a living will, a physician orders for
25  life-sustaining treatment (POLST) form, or an anatomical gift
26  made pursuant to part X of chapter 732.
27         Section 3.  This act shall take effect July 1, 2006.
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