Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1376 Barcode 455976 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/16/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Soto) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Yellow dot critical motorist medical information 6 program; yellow dot decal, folder, and information form.— 7 (1) The governing body of a county may create a yellow dot 8 critical motorist medical information program to assist 9 emergency medical responders and drivers and passengers who 10 participate in the program by making critical medical 11 information readily available to a responder in the event of a 12 motor vehicle accident or a medical emergency involving a 13 participant’s vehicle. 14 (2)(a) The governing body of a county may solicit 15 sponsorships from interested business entities and not-for 16 profit organizations to cover costs of the program, including 17 the cost of the yellow dot decals and folders that shall be 18 provided free of charge to participants. Two or more counties 19 may enter into an interlocal agreement to solicit such 20 sponsorships. 21 (b) The Department of Highway Safety and Motor Vehicles or 22 the Department of Transportation may provide education and 23 training to encourage emergency medical responders to 24 participate in the program and may take reasonable measures to 25 publicize the program. 26 (3)(a) Any owner or lessee of a motor vehicle may 27 participate in the program upon submission of an application and 28 documentation, in the form and manner prescribed by the 29 governing body of the county. 30 (b) The application form must include a statement that the 31 information submitted will be disclosed only to authorized 32 personnel of law enforcement and public safety agencies, 33 emergency medical services agencies, and hospitals for the 34 purposes authorized in subsection (5). 35 (c) The application form must describe the confidential 36 nature of the medical information voluntarily provided by the 37 participant and must state that, by providing the medical 38 information, the participant has authorized the use and 39 disclosure of the medical information to authorized personnel 40 solely for the purposes listed in subsection (5). The 41 application form must also require the participant’s express 42 written consent for such use and disclosure. 43 (d) The county may not charge any fee to participate in the 44 yellow dot program. 45 (4) A participant shall receive a yellow dot decal, a 46 yellow dot folder, and a form with the participant’s 47 information. 48 (a) The participant shall affix the decal onto the rear 49 window in the left lower corner of a motor vehicle or in a 50 clearly visible location on a motorcycle. 51 (b) A person who rides in a motor vehicle as a passenger 52 may also participate in the program but may not be issued a 53 decal if a decal is issued to the owner or lessee of the motor 54 vehicle in which the person rides. 55 (c) The yellow dot folder, which shall be stored in the 56 glove compartment of the motor vehicle or in a compartment 57 attached to a motorcycle, must contain a form with the following 58 information about the participant: 59 1. The participant’s name. 60 2. The participant’s photograph. 61 3. Emergency contact information of no more than two 62 persons for the participant. 63 4. The participant’s medical information, including medical 64 conditions, recent surgeries, allergies, and medications being 65 taken. 66 5. The participant’s hospital preference. 67 6. Contact information for no more than two physicians for 68 the participant. 69 (5)(a) If a driver or passenger of a motor vehicle becomes 70 involved in a motor vehicle accident or emergency situation, and 71 a yellow dot decal is affixed to the vehicle, an emergency 72 medical responder at the scene may search the glove compartment 73 of the vehicle for the corresponding yellow dot folder. 74 (b) An emergency medical responder at the scene may use the 75 information in the yellow dot folder for the following purposes 76 only: 77 1. To positively identify the participant. 78 2. To ascertain whether the participant has a medical 79 condition that might impede communications between the 80 participant and the responder. 81 3. To inform the participant’s emergency contacts about the 82 location, condition, or death of the participant. 83 4. To learn the nature of any medical information reported 84 by the participant on the form. 85 5. To ensure that the participant’s current medications and 86 preexisting medical conditions are considered when emergency 87 medical treatment is administered for any injury to or condition 88 of the participant. 89 (6) Except for wanton or willful conduct, an emergency 90 medical responder or the employer of a responder does not incur 91 any liability if a responder is unable to make contact, in good 92 faith, with a participant’s emergency contact person, or if a 93 responder disseminates or fails to disseminate any information 94 from the yellow dot folder to any other emergency medical 95 responder, hospital, or healthcare provider who renders 96 emergency medical treatment to the participant. 97 (7) The governing body of a participating county shall 98 adopt guidelines and procedures for ensuring that any 99 information that is confidential is not made public through the 100 program. 101 Section 2. This act shall take effect July 1, 2014, or on 102 the same date that legislation which exempts the information 103 required under the yellow dot critical motorist medical 104 information program created pursuant to section 1 of this act 105 from s. 119.071(1), Florida Statutes, and s. 24(a), Article I of 106 the State Constitution, takes effect, whichever occurs later, if 107 such legislation is adopted in the 2014 Regular Session of the 108 Legislature or an extension thereof and becomes law. 109 110 ================= T I T L E A M E N D M E N T ================ 111 And the title is amended as follows: 112 Delete everything before the enacting clause 113 and insert: 114 A bill to be entitled 115 An act relating to motorist safety; authorizing the 116 governing body of a county to create a yellow dot 117 critical motorist medical information program for 118 certain purposes; authorizing a county to solicit 119 sponsorships for the medical information program and 120 enter into an interlocal agreement with another county 121 to solicit such sponsorships; authorizing the 122 Department of Highway Safety and Motor Vehicles and 123 the Department of Transportation to provide education 124 and training and publicize the program; requiring the 125 program to be free to participants; providing for 126 applications to participate; providing for a yellow 127 dot decal and a yellow dot folder to be issued to 128 participants and a form containing specified 129 information about the participant; providing 130 procedures for use of the decal, folder, and form; 131 providing for limited use of information on the forms 132 by emergency medical responders; limiting liability of 133 emergency medical responders; requiring the governing 134 body of a participating county to adopt guidelines and 135 procedures to ensure that confidential information is 136 not made public; providing a contingent effective 137 date.