Florida Senate - 2021                                    SB 1822
       By Senator Powell
       30-01525-21                                           20211822__
    1                        A bill to be entitled                      
    2         An act relating to emergency medical services for
    3         community health care; amending s. 401.265, F.S.;
    4         providing that medical directors who use paramedics to
    5         administer medical countermeasures on patients
    6         pursuant to a certain protocol are liable for the acts
    7         and omissions of such paramedics under certain
    8         circumstances; amending s. 401.272, F.S.; revising the
    9         definition of the term “health promotion and
   10         wellness”; defining the term “medical
   11         countermeasures”; authorizing paramedics to administer
   12         medical countermeasures under certain circumstances;
   13         authorizing a certain agreement required of medical
   14         directors to be made with the Department of Health
   15         instead of a local county health department; requiring
   16         medical directors to verify and document that
   17         paramedics under their direction are sufficiently
   18         trained and experienced to administer medical
   19         countermeasures; revising the department’s rulemaking
   20         authority to conform to changes made by the act;
   21         providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Subsection (4) of section 401.265, Florida
   26  Statutes, is amended to read:
   27         401.265 Medical directors.—
   28         (4) Each medical director who uses a paramedic or emergency
   29  medical technician to perform blood pressure screening, or
   30  health promotion, and wellness activities, or to administer an
   31  immunization or a medical countermeasure on any patient under a
   32  protocol as specified in s. 401.272, which is not in the
   33  provision of emergency care, is liable for any act or omission
   34  of any paramedic or emergency medical technician acting under
   35  his or her supervision and control when performing such
   36  services.
   37         Section 2. Section 401.272, Florida Statutes, is amended to
   38  read:
   39         401.272 Emergency medical services community health care.—
   40         (1) As used in this section, the term:
   41         (a)“Health promotion and wellness” means the provision of
   42  public health programs pertaining to the prevention or reduction
   43  of illness and injury.
   44         (b)“Medical countermeasures” means lifesaving medication
   45  or medical supplies regulated by the United States Food and Drug
   46  Administration which can be used to diagnose, prevent, protect
   47  from, or treat conditions associated with chemical, biological,
   48  radiological, or nuclear threats, emerging infectious diseases,
   49  or natural disasters.
   50         (2) The purpose of this section is to encourage more
   51  effective utilization of the skills of emergency medical
   52  technicians and paramedics by enabling them to perform, in
   53  partnership with local county health departments, specific
   54  additional health care tasks that are consistent with the public
   55  health and welfare.
   56         (3)(2) Notwithstanding any other provision of law to the
   57  contrary:
   58         (a) Paramedics or emergency medical technicians may perform
   59  health promotion and wellness activities and blood pressure
   60  screenings in a nonemergency environment, within the scope of
   61  their training, and under the direction of a medical director.
   62  As used in this paragraph, the term “health promotion and
   63  wellness” means the provision of public health programs
   64  pertaining to the prevention of illness and injury.
   65         (b) Paramedics may administer immunizations or medical
   66  countermeasures in a nonemergency environment, within the scope
   67  of their training, and under the direction of a medical
   68  director. There must be a written agreement between the
   69  paramedic’s medical director and the department or the county
   70  health department located in each county in which the paramedic
   71  administers immunizations or medical countermeasures. This
   72  agreement must establish the protocols, policies, and procedures
   73  under which the paramedic must operate.
   74         (4)(3) Each medical director under whose direction a
   75  paramedic administers immunizations or medical countermeasures
   76  must verify and document that the paramedic has received
   77  sufficient training and experience to administer immunizations
   78  or medical countermeasures. The verification must be documented
   79  on forms developed by the department, and the completed forms
   80  must be maintained at the service location of the licensee and
   81  made available to the department upon request.
   82         (5)(4) The department may adopt and enforce all rules
   83  necessary to enforce the provisions relating to a paramedic’s
   84  administration of immunizations and medical countermeasures and
   85  the performance of health promotion and wellness activities and
   86  blood pressure screenings by a paramedic or emergency medical
   87  technician in a nonemergency environment.
   88         Section 3. This act shall take effect July 1, 2021.