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.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
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.