Title: Health Care Authority and Consent

Summary: Authorizes certain persons to act on behalf of ward before guardian is appointed; prohibits selling or transferring another person's DNA sample for DNA analysis; revises exemptions from prosecution of certain crimes related to unlawful use of DNA samples, DNA analyses, or results of DNA analyses; authorizes health care practitioners & providers to obtain verbal parental consent for provision of health care services, medical procedures, & prescription of medicinal drugs to minor child; requires health care practitioners & providers to document certain information when written parental consent is not obtained.

Full Text:
An act relating to health care authority and consent; amending s. 744.441, F.S.; authorizing certain persons to act on behalf of a ward before a guardian is appointed; amending s. 817.5655, F.S.; prohibiting the sale or transfer of the DNA of another person for purposes of DNA analysis; revising exemptions from prosecution of certain crimes related to the unlawful use of DNA samples, DNA analyses, or the resul ts of DNA analyses; revising applicability; amending s. 1014.06, F.S.; authorizing health care practitioners and providers to obtain verbal parental consent for the provision of health care services, medical procedures, and the prescription of medicinal dr ugs to a minor child under certain circumstances; requiring health care practitioners and providers to document certain information when written parental consent is not obtained; providing an effective date. Be It Enacted by the Legislature of the Sta te of Florida: Section 1. Subsection (2) of section 744.441, Florida Statutes, is amended to read: 744.441 Powers of guardian upon court approval.-After obtaining approval of the court pursuant to a petition for HB 2023 authorization to act: (2) A plenary guardian or a limited guardian of a ward may sign an order not to resuscitate as provided in s. 401.45(3). When a plenary guardian or a limited guardian of a ward seeks to obtain approval of the court to sign an order not to resuscitate, if required by ex igent circumstances, the court must hold a preliminary hearing within hours after the petition is filed, and: (a) Rule on the relief requested immediately after the preliminary hearing; or (b) Conduct an evidentiary hearing not later than days after the preliminary hearing and rule on the relief requested immediately after the evidentiary hearing. This subsection does not prevent a person with authority under s. 765.401, to act on behalf of the ward before a guardian is appointed. Section 2. Subsections (5), (7), and (8) of section 817.5655, Florida Statutes, are amended, and subsection (1) of that section is republished, to read: 817.5655 Unlawful use of DNA; penalties; exceptions.-(1) As used in this section, the terms "DNA analysis," "DNA sample," and "express consent" have the same meanings as in s. 760.40(1)(a), (b), and (d), respectively. (5) It is unlawful for a person to willfully, and without HB 2023 express consent, sell or otherwise transfer another person's DNA sample for purposes of DNA analysis or the results of another person's DNA analysis to a third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) This section and s. 760.40 do not apply to a DNA sample, a DNA analysis, or the results of a DNA analysis used for the purposes of: (a) Criminal investigation or prosecution; (b) Complying with a subpoena, summons, or other lawful court order; (c) Complying with federal law; (d) Treatment, payment, or health care operations as those terms are defined in C.F.R. s. 164.501 Medical diagnosis, conducting quality assessments,improvement activities, and treatment of a patient when: 1. Express consent for clinical laboratory analysis of the DNA sample was obtained by the health care practitioner who collected the DNA sample;or 2. Performed by a clinical laboratory certifi ed by the Centers for Medicare and Medicaid Services; (e) The newborn screening program established in s. 383.14; HB 2023 (f) Determining paternity under s. 409.256 or s. 742.12(1); (g) Performing any activity authorized under s. 943.325; or (h) Conducting research, and designing and preparing such research, subject to the requirements of, and in compliance with, C.F.R. part 46, C.F.R. parts and 56, or C.F.R. parts and 164; or utilizing information that is deidentified consistent with C.F.R. parts and and that is originally collected and maintained for research subject to the requirements of, and in compliance with, C.F.R. part 46, 86 C.F.R. parts and 56, or C.F.R. parts and 164. (8) The provisions of This section an ds. 760.40 apply only to the collection, use, analysis, submission, maintenance, or disclosure of a DNA sample collected from a person in this state Florida, and to use, retention, maintenance, and disclosure of such person's DNA sample or the results of a DNA analysis after the effective date of this act. Section 3. Subsections (3), (4), and (5) of section 1014.06, Florida Statutes, are renumbered as subsections (4), (5), and (6), respectively, subsections (1) and (2) of that section are amended, and a new subsection (3) is added to that section to read: 1014.06 Parental consent for health care services.-(1) Except as otherwise provided by law, a health care HB 2023 practitioner, as defined in s. 456.001, or an individual employed by such health care prac titioner may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent or, if the parent is not able to provide written consent, verbal parental consent that is documented by the health care practitioner and witnessed by another health care practitioner at a hospital or surgical center licensed under chapter or a clinical facility exempt from licensure under s. 400.9905(4)(e) and (h).(2) Except as otherwise provided by law or a court order, a provider, as defined in s. 408.803, may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent or, if the parent is not able to provide wr itten consent, verbal parental consent that is documented by the provider and witnessed by another provider at a hospital or surgical center licensed under chapter or a clinical facility exempt from licensure under s. 400.9905(4)(e) and (h).(3) When written parental consent is not obtained and verbal parental consent is obtained as provided under subsections (1) and (2), the health care practitioner or provider must also document the reason why the parent was unable to provide written parental consen t. Section 4. This act shall take effect July 1, 2023.