Senate Bill sb2572

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    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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    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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    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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