Florida Senate - 2014 SB 1192 By Senator Sobel 33-01459-14 20141192__ 1 A bill to be entitled 2 An act relating to palliative care; defining terms; 3 creating the Palliative Care and Quality of Life 4 Interdisciplinary Advisory Council; specifying the 5 purpose of the council; providing for membership of 6 the council; requiring the Department of Health to 7 provide staff, information, and other assistance as 8 necessary to the council; requiring the department to 9 set regular meeting times for the council; requiring 10 the council to adopt certain internal organization 11 procedures; authorizing reimbursement for certain 12 expenses for council members; requiring the department 13 to establish a palliative care consumer and 14 professional information and education program; 15 requiring the department to publish certain 16 educational information and materials about palliative 17 care on the department website; authorizing the 18 department to develop and implement other services and 19 education initiatives regarding palliative care; 20 requiring the department to consult with the council 21 to implement this act; requiring certain health care 22 practitioners to provide certain patients information 23 about palliative care and information about facilities 24 that offer palliative care; requiring certain health 25 care facilities to comply with palliative care 26 measures ordered by a patient’s health care 27 practitioner; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Palliative Care and Quality of Life 32 Interdisciplinary Advisory Council; palliative care consumer and 33 professional information and education program.— 34 (1) DEFINITIONS.—As used in this section: 35 (a) “Appropriate” means consistent with applicable legal, 36 health, and professional standards, the patient’s clinical and 37 other circumstances, and the patient’s reasonably known wishes 38 and beliefs. 39 (b) “Medical care” means services provided, requested, or 40 supervised by a physician or advanced registered nurse 41 practitioner. 42 (c) “Palliative care” means patient- and family-centered 43 medical care offered throughout the continuum of an illness 44 which optimizes quality of life by anticipating, preventing, and 45 treating suffering caused by serious illness. Palliative care 46 involves addressing physical, emotional, social, and spiritual 47 needs and facilitating patient autonomy, access to information, 48 and choice. The term includes, but is not limited to, 49 discussions of the patient’s goals for treatment; discussion of 50 treatment options appropriate to the patient, including, if 51 appropriate, hospice care; and comprehensive pain and symptom 52 management. 53 (d) “Serious illness” means a medical illness or physical 54 injury or condition that substantially impacts quality of life 55 for more than a short period of time. The term includes, but is 56 not limited to, cancer, renal or liver failure, heart or lung 57 disease, and Alzheimer’s disease and related dementias. 58 (2) PALLIATIVE CARE AND QUALITY OF LIFE INTERDISCIPLINARY 59 ADVISORY COUNCIL.—There is established within the Department of 60 Health a Palliative Care and Quality of Life Interdisciplinary 61 Advisory Council, which is an advisory council as defined in s. 62 20.03, Florida Statutes. 63 (a) The primary purpose of the council is to consult with 64 and advise the department on matters relating to the 65 establishment, maintenance, operation, and outcome evaluation of 66 palliative care initiatives in this state. 67 (b) The council shall consist of nine members appointed by 68 the Governor in consultation with the State Surgeon General and 69 include professionals who have expertise in various aspects of 70 palliative care, including, but not limited to, 71 interdisciplinary palliative care, medical, nursing, social 72 work, pharmacy, and spiritual expertise; patient and family 73 caregivers or their advocates; and such other members as the 74 State Surgeon General deems appropriate. The Governor in 75 consultation with the State Surgeon General shall ensure that 76 representation on the council reflects a broad perspective of 77 palliative care and includes experience in palliative care in a 78 variety of inpatient, outpatient, and community settings, such 79 as acute care, long-term care, and hospice, and with a variety 80 of populations, including pediatric, youth, and adult. One 81 council member shall be a designee of the American Cancer 82 Society. At least two council members shall be board-certified 83 hospice and palliative medicine physicians or nurses. Members 84 shall serve for a term of 3 years. 85 (c) The council shall adopt internal organizational 86 procedures as necessary for its efficient organization which 87 must, at a minimum, require the council to elect a chair and 88 vice chair whose duties shall be established by the council. 89 (d) The department shall provide such staff, information, 90 and other assistance as is reasonably necessary to assist the 91 council in carrying out its responsibilities. 92 (e) Members of the council shall serve without 93 compensation, but may receive reimbursement as provided in s. 94 112.061, Florida Statutes, for travel and other necessary 95 expenses incurred in the performance of their official duties. 96 (f) The department shall fix a time and place for regular 97 meetings of the council, which shall meet at least twice a year. 98 (3) PALLIATIVE CARE CONSUMER AND PROFESSIONAL INFORMATION 99 AND EDUCATION PROGRAM.— 100 (a) The department shall establish a palliative care 101 consumer and professional information and education program. The 102 purpose of the program is to maximize the effectiveness of 103 palliative care initiatives in this state by making 104 comprehensive and accurate information and education about 105 palliative care available to the public, health care 106 practitioners, and health care facilities. 107 (b) The department shall publish on its website information 108 and resources, including links to external resources, about 109 palliative care, which shall include, but not be limited to, 110 continuing education opportunities for health care 111 practitioners, information about palliative care delivery in the 112 home and in primary, secondary, and tertiary care settings, best 113 practices for palliative care delivery, and consumer educational 114 materials and referral information for palliative care, 115 including hospice. 116 (c) The department may develop and implement other 117 initiatives regarding palliative care services and education to 118 further the purposes of this section. 119 (d) The department shall consult with the Palliative Care 120 and Quality of Life Interdisciplinary Advisory Council in 121 implementing this subsection. 122 Section 2. Palliative care for health care practitioners 123 and facilities.—Health care practitioners regulated under 124 chapter 458, chapter 459, or chapter 464, Florida Statutes, 125 shall, as appropriate, provide patients under their care who 126 have serious illnesses with information about palliative care 127 and, upon request, shall facilitate access to palliative care. 128 Facilities regulated under chapter 395, chapter 400, or chapter 129 429, Florida Statutes, shall comply with the palliative care 130 measures ordered by the patient’s health care practitioner. 131 Section 3. This act shall take effect upon becoming a law.