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.