Florida Senate - 2022                                    SB 1114
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01013-22                                            20221114__
    1                        A bill to be entitled                      
    2         An act relating to emergency medical care and
    3         treatment of minors; amending s. 743.064, F.S.;
    4         deleting the requirement that emergency medical care
    5         or treatment by physicians and emergency medical
    6         personnel without parental consent be provided only in
    7         specified settings; making technical and conforming
    8         changes; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 743.064, Florida Statutes, is amended to
   13  read:
   14         743.064 Emergency medical care or treatment to minors
   15  without parental consent.—
   16         (1) The absence of parental consent notwithstanding, a
   17  physician licensed under chapter 458 or an osteopathic physician
   18  licensed under chapter 459 may render emergency medical care or
   19  treatment to any minor who has been injured in an accident or
   20  who is suffering from an acute illness, disease, or condition
   21  if, within a reasonable degree of medical certainty, delay in
   22  initiation or provision of emergency medical care or treatment
   23  would endanger the health or physical well-being of the minor,
   24  and provided such emergency medical care or treatment is
   25  administered in a hospital licensed by the state under chapter
   26  395 or in a college health service. Emergency medical care or
   27  treatment may also be rendered in the prehospital setting by
   28  paramedics, emergency medical technicians, and other emergency
   29  medical services personnel, provided that such care is rendered
   30  consistent with the provisions of chapter 401. These persons
   31  shall follow the general guidelines and notification provisions
   32  of this section.
   33         (2) This section shall apply only when parental consent
   34  cannot be immediately obtained for one of the following reasons:
   35         (a) The minor’s condition has rendered him or her unable to
   36  reveal the identity of his or her parents, guardian, or legal
   37  custodian, and such information is unknown to any person who
   38  accompanied the minor to the hospital.
   39         (b) The parents, guardian, or legal custodian cannot be
   40  immediately located by telephone at their place of residence or
   41  business.
   42         (3) Notification shall be accomplished as soon as possible
   43  after the emergency medical care or treatment is administered.
   44  The patient hospital records shall reflect the reason such
   45  consent was not initially obtained and shall contain a statement
   46  by the attending physician that immediate emergency medical care
   47  or treatment was necessary for the patient’s health or physical
   48  well-being. The patient hospital records shall be open for
   49  inspection by the person legally responsible for the minor.
   50         (4) A No person as delineated in subsection (1) may not,
   51  hospital, or college health service shall incur civil liability
   52  by reason of having rendered emergency medical care or treatment
   53  pursuant to this section, provided such treatment or care was
   54  rendered in accordance with acceptable standards of medical
   55  practice.
   56         Section 2. This act shall take effect July 1, 2022.