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.