Florida Senate - 2015 SB 438 By Senator Sobel 33-00370A-15 2015438__ 1 A bill to be entitled 2 An act relating to palliative care; creating s. 3 381.825, F.S.; defining terms; requiring the 4 Department of Health to establish a palliative care 5 consumer and professional information and education 6 program; specifying the purpose of the program; 7 requiring the department to publish certain 8 educational information and referral materials about 9 palliative care on the department website; authorizing 10 the department to develop and implement other services 11 and education initiatives regarding palliative care; 12 requiring the department to consult with the 13 Palliative Care and Quality of Life Interdisciplinary 14 Task Force; creating the Palliative Care and Quality 15 of Life Interdisciplinary Task Force within the 16 Department of Health; specifying the purpose of the 17 task force; providing for membership by a specified 18 time; requiring the task force to adopt certain 19 internal organizational procedures; requiring the 20 department to provide staff, information, and other 21 assistance, as necessary, to the task force; 22 authorizing the reimbursement of task force members 23 for certain expenses; requiring the department to set 24 regular meeting times for the task force; requiring 25 the task force to meet at least twice each year; 26 requiring reports to the Governor, the President of 27 the Senate, and the Speaker of the House of 28 Representatives by specified dates; providing for 29 future repeal of the task force; providing an 30 effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 381.825, Florida Statutes, is created to 35 read: 36 381.825 Palliative care consumer and professional 37 information and education program.— 38 (1) As used in this section, the term: 39 (a) “Appropriate” means consistent with applicable legal, 40 health, and professional standards; consistent with the 41 patient’s clinical and other circumstances; and consistent with 42 the patient’s reasonably known wishes and beliefs. 43 (b) “Medical care” means services provided, requested, or 44 supervised by a physician, a physician assistant, or an advanced 45 registered nurse practitioner. 46 (c) “Palliative care” means patient- and family-centered 47 medical care offered throughout the continuum of an illness 48 which optimizes quality of life by anticipating, preventing, and 49 treating the suffering caused by a serious illness. Palliative 50 care involves addressing physical, emotional, social, and 51 spiritual needs and facilitating patient autonomy, access to 52 information, and choice. The term includes, but is not limited 53 to, discussions of the patient’s goals for treatment; discussion 54 of treatment options appropriate to the patient, including, if 55 appropriate, hospice care; and comprehensive pain and symptom 56 management. 57 (d) “Serious illness” means a medical illness or physical 58 injury or condition that substantially impacts quality of life 59 for more than a short period of time. The term includes, but is 60 not limited to, cancer, renal or liver failure, heart or lung 61 disease, and Alzheimer’s disease and related dementias. 62 (2) The department shall establish a palliative care 63 consumer and professional information and education program. The 64 purpose of the program is to maximize the effectiveness of 65 palliative care initiatives in this state by making 66 comprehensive and accurate information and education about 67 palliative care available to the public, health care 68 practitioners, and health care facilities. 69 (3) The department shall publish on its website information 70 and resources, including links to external resources, about 71 palliative care which shall include, but not be limited to, 72 continuing education opportunities for health care 73 practitioners; information about palliative care delivery in the 74 home and in primary, secondary, and tertiary care settings; best 75 practices for palliative care delivery; and consumer educational 76 materials and referral information for palliative care, 77 including hospice. 78 (4) The department may develop and implement other 79 initiatives regarding palliative care services and education to 80 further the purposes of this section. 81 (5) The department shall consult with the Palliative Care 82 and Quality of Life Interdisciplinary Task Force in implementing 83 this section. 84 Section 2. Palliative Care and Quality of Life 85 Interdisciplinary Task Force.—There is established within the 86 Department of Health a Palliative Care and Quality of Life 87 Interdisciplinary Task Force, which is a task force as defined 88 in s. 20.03, Florida Statutes. 89 (1) The primary purpose of the task force is to consult 90 with and advise the department on matters relating to the 91 establishment, maintenance, operation, and outcome evaluation of 92 palliative care initiatives in this state. 93 (2) The task force shall consist of 11 members, 5 of whom 94 are appointed by the Governor, 3 of whom are appointed by the 95 President of the Senate, and 3 of whom are appointed by the 96 Speaker of the House of Representatives. All appointments shall 97 be made by December 31, 2015. The task force membership shall 98 include: 99 (a) Professionals who have expertise in various aspects of 100 palliative care, including, but not limited to, 101 interdisciplinary palliative care; medical, nursing, social 102 work, pharmacy, and spiritual expertise; and patient and family 103 caregivers or their advocates. The appointing officials, in 104 consultation with the State Surgeon General, shall ensure that 105 representation on the task force reflects a broad perspective of 106 palliative care in a variety of inpatient, outpatient, and 107 community settings, such as acute care, long-term care, and 108 hospice, and with a variety of populations, including pediatric, 109 youth, and adult. 110 (b) One member who is a designee of the American Cancer 111 Society, appointed by the Governor. 112 (c) One member who is a designee of the Florida Hospice and 113 Palliative Care Association, appointed by the Governor. 114 (d) One member who is a designee of the Department of 115 Veterans’ Affairs, appointed by the Governor. 116 (e) At least two members who are board-certified hospice 117 and palliative medicine physicians, physician assistants, or 118 nurses, one appointed by the President of the Senate and one 119 appointed by the Speaker of the House of Representatives. 120 (3) The task force shall adopt internal organizational 121 procedures as necessary for its efficient organization which 122 must, at a minimum, require the task force to elect a chair and 123 vice chair whose duties shall be established by the task force. 124 (4) The department shall provide such staff, information, 125 and other assistance as are reasonably necessary to assist the 126 task force in carrying out its responsibilities. 127 (5) Members of the task force shall serve without 128 compensation, but may receive reimbursement as provided in s. 129 112.061, Florida Statutes, for travel and other necessary 130 expenses incurred in the performance of their official duties. 131 (6) The department shall establish a time and place for 132 regular meetings of the task force, which shall meet at least 133 twice a year. 134 (7) The task force shall submit a preliminary report to the 135 Governor, the President of the Senate, and the Speaker of the 136 House of Representatives by January 15, 2017, detailing its 137 recommendations for the establishment, maintenance, operation, 138 and outcome evaluation of palliative care initiatives in this 139 state and its recommendation for any statutory changes to be 140 considered by the Legislature. The task force shall also submit 141 a followup report to the Governor, the President of the Senate, 142 and the Speaker of the House of Representatives by December 31, 143 2018, detailing the implementation, by the department or by 144 legislative action, of the recommendations in the preliminary 145 report. 146 (8) This section expires December 31, 2018. 147 Section 3. This act shall take effect upon becoming a law.