Florida Senate - 2013 SB 1376
By Senator Abruzzo
25-01462B-13 20131376__
1 A bill to be entitled
2 An act relating to motorist safety; authorizing the
3 governing body of a county to create a yellow dot
4 critical motorist medical information program for
5 certain purposes; authorizing a county to solicit
6 sponsorships for the medical information program and
7 enter into an interlocal agreement with another county
8 to solicit such sponsorships; authorizing the
9 Department of Highway Safety and Motor Vehicles and
10 the Department of Transportation to provide education
11 and training and publicize the program; requiring the
12 program to be free to participants; providing for
13 applications to participate; providing for a yellow
14 dot decal and a yellow dot folder to be issued to
15 participants and a form containing specified
16 information about the participant; providing
17 procedures for use of the decal, folder, and form;
18 providing for limited use of information on the forms
19 by emergency medical responders; limiting liability of
20 emergency medical responders; requiring the governing
21 body of a participating county to adopt guidelines and
22 procedures to ensure that confidential information is
23 not made public; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Yellow dot critical motorist medical information
28 programs; yellow dot decal, folder, and information form.—
29 (1) The governing body of a county may create a yellow dot
30 critical motorist medical information program to assist
31 emergency medical responders and drivers and passengers who
32 participate in the program by making critical medical
33 information readily available to a responder in the event of a
34 motor vehicle accident or a medical emergency involving a
35 participant’s vehicle.
36 (2)(a) The governing body of a county may solicit
37 sponsorships from interested business entities and not-for
38 profit organizations to cover costs of the program, including
39 the cost of the yellow dot decals and folders that shall be
40 provided free of charge to participants. Two or more counties
41 may enter into an interlocal agreement to solicit such
42 sponsorships.
43 (b) The Department of Highway Safety and Motor Vehicles or
44 the Department of Transportation may provide education and
45 training to encourage emergency medical responders to
46 participate in the program and may take reasonable measures to
47 publicize the program.
48 (3)(a) Any owner or lessee of a motor vehicle may
49 participate in the program upon submission of an application and
50 documentation, in the form and manner prescribed by the
51 governing body of the county.
52 (b) The application form shall include a statement that the
53 information submitted will be disclosed only to authorized
54 personnel of law enforcement and public safety agencies,
55 emergency medical services agencies, and hospitals for the
56 purposes authorized in subsection (5).
57 (c) The application form shall describe the confidential
58 nature of the medical information voluntarily provided by the
59 participant and shall state that, by providing the medical
60 information, the participant has authorized the use and
61 disclosure of the medical information to authorized personnel
62 solely for the purposes listed in subsection (5). The
63 application form shall also require the participant’s express
64 written consent for such use and disclosure.
65 (d) The county may not charge any fee to participate in the
66 yellow dot program.
67 (4) A participant shall receive a yellow dot decal, a
68 yellow dot folder, and a form with the participant’s
69 information.
70 (a) The participant shall affix the decal onto the rear
71 window in the left lower corner of a motor vehicle or in a
72 clearly visible location on a motorcycle.
73 (b) A person who rides in a motor vehicle as a passenger
74 may also participate in the program but may not be issued a
75 decal if a decal is issued to the owner or lessee of the motor
76 vehicle in which the person rides.
77 (c) The yellow dot folder, which shall be stored in the
78 glove compartment of the motor vehicle or in a compartment
79 attached to a motorcycle, shall contain a form with the
80 following information about the participant:
81 1. The participant’s name.
82 2. The participant’s photograph.
83 3. Emergency contact information of no more than two
84 persons for the participant.
85 4. The participant’s medical information, including medical
86 conditions, recent surgeries, allergies, and medications being
87 taken.
88 5. The participant’s hospital preference.
89 6. Contact information for no more than two physicians for
90 the participant.
91 (5)(a) If a driver or passenger of a motor vehicle becomes
92 involved in a motor vehicle accident or emergency situation, and
93 a yellow dot decal is affixed to the vehicle, an emergency
94 medical responder at the scene shall search the glove
95 compartment of the vehicle for the corresponding yellow dot
96 folder.
97 (b) An emergency medical responder at the scene may use the
98 information in the yellow dot folder for the following purposes
99 only:
100 1. To positively identify the participant.
101 2. To ascertain whether the participant has a medical
102 condition that might impede communications between the
103 participant and the responder.
104 3. To inform the participant’s emergency contacts about the
105 location, condition, or death of the participant.
106 4. To learn the nature of any medical information reported
107 by the participant on the form.
108 5. To ensure that the participant’s current medications and
109 preexisting medical conditions are considered when emergency
110 medical treatment is administered for any injury to or condition
111 of the participant.
112 (6) Except for wanton or willful conduct, an emergency
113 medical responder or the employer of a responder does not incur
114 any liability if a responder is unable to make contact, in good
115 faith, with a participant’s emergency contact person, or if a
116 responder disseminates or fails to disseminate any information
117 from the yellow dot folder to any other emergency medical
118 responder, hospital, or healthcare provider who renders
119 emergency medical treatment to the participant.
120 (7) The governing body of a participating county shall
121 adopt guidelines and procedures for ensuring that any
122 information that is confidential is not made public through the
123 program.
124 Section 2. This act shall take effect July 1, 2013.