Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1458 Barcode 185508 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/29/2013 04:15 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Abruzzo moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 4573 and 4574 4 insert: 5 Section 63. Yellow dot critical motorist medical 6 information program; yellow dot decal, folder, and information 7 form.— 8 (1) The governing body of a county may create a yellow dot 9 critical motorist medical information program to assist 10 emergency medical responders and drivers and passengers who 11 participate in the program by making critical medical 12 information readily available to a responder in the event of a 13 motor vehicle accident or a medical emergency involving a 14 participant’s vehicle. 15 (2)(a) The governing body of a county may solicit 16 sponsorships from interested business entities and not-for 17 profit organizations to cover costs of the program, including 18 the cost of the yellow dot decals and folders that shall be 19 provided free of charge to participants. Two or more counties 20 may enter into an interlocal agreement to solicit such 21 sponsorships. 22 (b) The Department of Highway Safety and Motor Vehicles or 23 the Department of Transportation may provide education and 24 training to encourage emergency medical responders to 25 participate in the program and may take reasonable measures to 26 publicize the program. 27 (3)(a) Any owner or lessee of a motor vehicle may 28 participate in the program upon submission of an application and 29 documentation, in the form and manner prescribed by the 30 governing body of the county. 31 (b) The application form shall include a statement that the 32 information submitted will be disclosed only to authorized 33 personnel of law enforcement and public safety agencies, 34 emergency medical services agencies, and hospitals for the 35 purposes authorized in subsection (5). 36 (c) The application form shall describe the confidential 37 nature of the medical information voluntarily provided by the 38 participant and shall state that, by providing the medical 39 information, the participant has authorized the use and 40 disclosure of the medical information to authorized personnel 41 solely for the purposes listed in subsection (5). The 42 application form shall also require the participant’s express 43 written consent for such use and disclosure. 44 (d) The county may not charge any fee to participate in the 45 yellow dot program. 46 (4) A participant shall receive a yellow dot decal, a 47 yellow dot folder, and a form with the participant’s 48 information. 49 (a) The participant shall affix the decal onto the rear 50 window in the left lower corner of a motor vehicle or in a 51 clearly visible location on a motorcycle. 52 (b) A person who rides in a motor vehicle as a passenger 53 may also participate in the program but may not be issued a 54 decal if a decal is issued to the owner or lessee of the motor 55 vehicle in which the person rides. 56 (c) The yellow dot folder, which shall be stored in the 57 glove compartment of the motor vehicle or in a compartment 58 attached to a motorcycle, shall contain a form with the 59 following information about the participant: 60 1. The participant’s name. 61 2. The participant’s photograph. 62 3. Emergency contact information of no more than two 63 persons for the participant. 64 4. The participant’s medical information, including medical 65 conditions, recent surgeries, allergies, and medications being 66 taken. 67 5. The participant’s hospital preference. 68 6. Contact information for no more than two physicians for 69 the participant. 70 (5)(a) If a driver or passenger of a motor vehicle becomes 71 involved in a motor vehicle accident or emergency situation, and 72 a yellow dot decal is affixed to the vehicle, an emergency 73 medical responder at the scene is authorized to search the glove 74 compartment of the vehicle for the corresponding yellow dot 75 folder. 76 (b) An emergency medical responder at the scene may use the 77 information in the yellow dot folder for the following purposes 78 only: 79 1. To positively identify the participant. 80 2. To ascertain whether the participant has a medical 81 condition that might impede communications between the 82 participant and the responder. 83 3. To inform the participant’s emergency contacts about the 84 location, condition, or death of the participant. 85 4. To learn the nature of any medical information reported 86 by the participant on the form. 87 5. To ensure that the participant’s current medications and 88 preexisting medical conditions are considered when emergency 89 medical treatment is administered for any injury to or condition 90 of the participant. 91 (6) Except for wanton or willful conduct, an emergency 92 medical responder or the employer of a responder does not incur 93 any liability if a responder is unable to make contact, in good 94 faith, with a participant’s emergency contact person, or if a 95 responder disseminates or fails to disseminate any information 96 from the yellow dot folder to any other emergency medical 97 responder, hospital, or healthcare provider who renders 98 emergency medical treatment to the participant. 99 (7) The governing body of a participating county shall 100 adopt guidelines and procedures for ensuring that any 101 information that is confidential is not made public through the 102 program. 103 (8) This section shall take effect July 1, 2014, or on the 104 same date that legislation which exempts the information 105 required under the yellow dot critical motorist medical 106 information program from s. 119.071(1), Florida Statutes, and s. 107 24(a), Article I of the State Constitution, takes effect, 108 whichever occurs later, if such legislation is adopted in the 109 2014 Regular Session of the Legislature or an extension thereof 110 and becomes law. 111 112 ================= T I T L E A M E N D M E N T ================ 113 And the title is amended as follows: 114 Delete line 331 115 and insert: 116 vessel; authorizing the governing body of a county to 117 create a yellow dot critical motorist medical 118 information program for certain purposes; authorizing 119 a county to solicit sponsorships for the medical 120 information program and enter into an interlocal 121 agreement with another county to solicit such 122 sponsorships; authorizing the Department of Highway 123 Safety and Motor Vehicles and the Department of 124 Transportation to provide education and training and 125 publicize the program; authorizing an owner or lessee 126 of a motor vehicle to participate in the program upon 127 the submission of certain documentation; providing for 128 an application form that must contain statements 129 regarding the disclosure of personal information and 130 confidentiality; providing for distribution to 131 participants of a yellow dot decal, a yellow dot 132 folder to be issued to participants, and a form 133 containing specified information about the 134 participant; providing procedures for use of the 135 decal, folder, and form; providing for limited use of 136 information on the forms by emergency medical 137 responders; limiting liability of emergency medical 138 responders; requiring the governing body of a 139 participating county to adopt guidelines and 140 procedures to ensure that confidential information is 141 not made public; providing for applicability; amending 142 ss. 212.08, 261.03, 316.2122,