Florida Senate - 2014                             CS for SB 1192
       
       
        
       By the Committee on Health Policy; and Senators Sobel, Latvala,
       Soto, and Flores
       
       
       
       
       588-03224-14                                          20141192c1
    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 on
    6         the council; providing for staggered terms; requiring
    7         the Department of Health to provide staff,
    8         information, and other assistance as necessary to the
    9         council; requiring the department to set regular
   10         meeting times for the council; requiring the council
   11         to adopt certain internal organizational procedures;
   12         authorizing reimbursement for certain expenses for
   13         council members; requiring the department to establish
   14         a palliative care consumer and professional
   15         information and education program; requiring the
   16         department to publish certain educational information
   17         and materials about palliative care on the department
   18         website; authorizing the department to develop and
   19         implement other services and education initiatives
   20         regarding palliative care; requiring the department to
   21         consult with the council to implement this act;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Palliative Care and Quality of Life
   27  Interdisciplinary Advisory Council; palliative care consumer and
   28  professional information and education program.—
   29         (1) DEFINITIONS.—As used in this section:
   30         (a) “Appropriate” means consistent with applicable legal,
   31  health, and professional standards, the patient’s clinical and
   32  other circumstances, and the patient’s reasonably known wishes
   33  and beliefs.
   34         (b) “Medical care” means services provided, requested, or
   35  supervised by a physician, a physician assistant, or an advanced
   36  registered nurse practitioner.
   37         (c) “Palliative care” means patient- and family-centered
   38  medical care offered throughout the continuum of an illness
   39  which optimizes quality of life by anticipating, preventing, and
   40  treating suffering caused by serious illness. Palliative care
   41  involves addressing physical, emotional, social, and spiritual
   42  needs and facilitating patient autonomy, access to information,
   43  and choice. The term includes, but is not limited to,
   44  discussions of the patient’s goals for treatment; discussion of
   45  treatment options appropriate to the patient, including, if
   46  appropriate, hospice care; and comprehensive pain and symptom
   47  management.
   48         (d) “Serious illness” means a medical illness or physical
   49  injury or condition that substantially impacts quality of life
   50  for more than a short period of time. The term includes, but is
   51  not limited to, cancer, renal or liver failure, heart or lung
   52  disease, and Alzheimer’s disease and related dementias.
   53         (2) PALLIATIVE CARE AND QUALITY OF LIFE INTERDISCIPLINARY
   54  ADVISORY COUNCIL.—There is established within the Department of
   55  Health a Palliative Care and Quality of Life Interdisciplinary
   56  Advisory Council, which is an advisory council as defined in s.
   57  20.03, Florida Statutes.
   58         (a) The primary purpose of the council is to consult with
   59  and advise the department on matters relating to the
   60  establishment, maintenance, operation, and outcome evaluation of
   61  palliative care initiatives in this state.
   62         (b) The council shall consist of nine members, five
   63  appointed by the Governor, two appointed by the President of the
   64  Senate, and two appointed by the Speaker of the House of
   65  Representatives. The council shall include professionals who
   66  have expertise in various aspects of palliative care, including,
   67  but not limited to, interdisciplinary palliative care, medical,
   68  nursing, social work, pharmacy, and spiritual expertise; patient
   69  and family caregivers or their advocates. The appointing
   70  officials, in consultation with the Surgeon General, shall
   71  ensure that representation on the council reflects a broad
   72  perspective of palliative care in a variety of inpatient,
   73  outpatient, and community settings, such as acute care, long
   74  term care, and hospice, and with a variety of populations,
   75  including pediatric, youth, and adult. One council member
   76  appointed by the Governor shall be a designee of the American
   77  Cancer Society. At least two council members, one each appointed
   78  by the President of the Senate and Speaker of the House of
   79  Representatives, shall be board-certified hospice and palliative
   80  medicine physicians, physician assistants, or nurses. Members
   81  shall serve four-year terms, except that, initially to provide
   82  for staggered terms, the Governor, the President of the Senate,
   83  and the Speaker of the House of Representatives shall each
   84  appoint one member to serve a two-year term, and the Governor
   85  shall appoint at least one member to serve a three-year term.
   86  All other initial appointments and any subsequent appointments
   87  shall be for four-year terms.
   88         (c) The council shall adopt internal organizational
   89  procedures as necessary for its efficient organization which
   90  must, at a minimum, require the council to elect a chair and
   91  vice chair whose duties shall be established by the council.
   92         (d) The department shall provide such staff, information,
   93  and other assistance as is reasonably necessary to assist the
   94  council in carrying out its responsibilities.
   95         (e) Members of the council shall serve without
   96  compensation, but may receive reimbursement as provided in s.
   97  112.061, Florida Statutes, for travel and other necessary
   98  expenses incurred in the performance of their official duties.
   99         (f) The department shall fix a time and place for regular
  100  meetings of the council, which shall meet at least twice a year.
  101         (3) PALLIATIVE CARE CONSUMER AND PROFESSIONAL INFORMATION
  102  AND EDUCATION PROGRAM.—
  103         (a) The department shall establish a palliative care
  104  consumer and professional information and education program. The
  105  purpose of the program is to maximize the effectiveness of
  106  palliative care initiatives in this state by making
  107  comprehensive and accurate information and education about
  108  palliative care available to the public, health care
  109  practitioners, and health care facilities.
  110         (b) The department shall publish on its website information
  111  and resources, including links to external resources, about
  112  palliative care, which shall include, but not be limited to,
  113  continuing education opportunities for health care
  114  practitioners, information about palliative care delivery in the
  115  home and in primary, secondary, and tertiary care settings, best
  116  practices for palliative care delivery, and consumer educational
  117  materials and referral information for palliative care,
  118  including hospice.
  119         (c) The department may develop and implement other
  120  initiatives regarding palliative care services and education to
  121  further the purposes of this section.
  122         (d) The department shall consult with the Palliative Care
  123  and Quality of Life Interdisciplinary Advisory Council in
  124  implementing this subsection.
  125         Section 2. This act shall take effect upon becoming a law.