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Senate Bill 2262

Senate Bill sb2262

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2262

    By Senator Smith





    14-1256-04

  1                      A bill to be entitled

  2         An act relating to the prescription of

  3         psychotropic medications to dependent minors;

  4         amending s. 743.0645, F.S.; creating the Center

  5         for Juvenile Psychotropic Studies within the

  6         Department of Psychiatry of the College of

  7         Medicine of the University of Florida;

  8         providing the purpose of the center; providing

  9         for the appointment of a director; creating an

10         advisory board; providing for board membership;

11         requiring the center to work with the

12         Department of Children and Family Services, the

13         Department of Juvenile Justice, and the Agency

14         for Health Care Administration; requiring

15         certain data relating to dependent minors for

16         whom psychotropic medications have been

17         prescribed to be made available to the center,

18         as legally allowed; requiring the center to

19         report to legislative leaders by a specified

20         date; providing for future repeal; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 743.0645, Florida Statutes, is

26  amended to read:

27         743.0645  Other persons who may consent to medical care

28  or treatment of a minor; Center for Juvenile Psychotropic

29  Studies; creation; purpose; advisory board; report.--

30         (1)  As used in this section, the term:

31  

                                  1

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    Florida Senate - 2004                                  SB 2262
    14-1256-04




 1         (a)  "Blood testing" includes Early Periodic Screening,

 2  Diagnosis, and Treatment (EPSDT) testing and other blood

 3  testing deemed necessary by documented history or

 4  symptomatology but excludes HIV testing and controlled

 5  substance testing or any other testing for which separate

 6  court order or informed consent as provided by law is

 7  required.

 8         (b)  "Medical care and treatment" includes ordinary and

 9  necessary medical and dental examination and treatment,

10  including blood testing, preventive care including ordinary

11  immunizations, tuberculin testing, and well-child care, but

12  does not include surgery, general anesthesia, provision of

13  psychotropic medications, or other extraordinary procedures

14  for which a separate court order, power of attorney, or

15  informed consent as provided by law is required.

16         (c)  "Person who has the power to consent as otherwise

17  provided by law" includes a natural or adoptive parent, legal

18  custodian, or legal guardian.

19         (2)  Any of the following persons, in order of priority

20  listed, may consent to the medical care or treatment of a

21  minor who is not committed to the Department of Children and

22  Family Services or the Department of Juvenile Justice or in

23  their custody under chapter 39, chapter 984, or chapter 985

24  when, after a reasonable attempt, a person who has the power

25  to consent as otherwise provided by law cannot be contacted by

26  the treatment provider and actual notice to the contrary has

27  not been given to the provider by that person:

28         (a)  A person who possesses a power of attorney to

29  provide medical consent for the minor. A power of attorney

30  executed after July 1, 2001, to provide medical consent for a

31  minor includes the power to consent to medically necessary

                                  2

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    Florida Senate - 2004                                  SB 2262
    14-1256-04




 1  surgical and general anesthesia services for the minor unless

 2  such services are excluded by the individual executing the

 3  power of attorney.

 4         (b)  The stepparent.

 5         (c)  The grandparent of the minor.

 6         (d)  An adult brother or sister of the minor.

 7         (e)  An adult aunt or uncle of the minor.

 8  

 9  There shall be maintained in the treatment provider's records

10  of the minor documentation that a reasonable attempt was made

11  to contact the person who has the power to consent.

12         (3)  The Department of Children and Family Services or

13  the Department of Juvenile Justice caseworker, juvenile

14  probation officer, or person primarily responsible for the

15  case management of the child, the administrator of any

16  facility licensed by the department under s. 393.067, s.

17  394.875, or s. 409.175, or the administrator of any

18  state-operated or state-contracted delinquency residential

19  treatment facility may consent to the medical care or

20  treatment of any minor committed to it or in its custody under

21  chapter 39, chapter 984, or chapter 985, when the person who

22  has the power to consent as otherwise provided by law cannot

23  be contacted and such person has not expressly objected to

24  such consent.  There shall be maintained in the records of the

25  minor documentation that a reasonable attempt was made to

26  contact the person who has the power to consent as otherwise

27  provided by law.

28         (4)  The medical provider shall notify the parent or

29  other person who has the power to consent as otherwise

30  provided by law as soon as possible after the medical care or

31  treatment is administered pursuant to consent given under this

                                  3

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    Florida Senate - 2004                                  SB 2262
    14-1256-04




 1  section.  The medical records shall reflect the reason consent

 2  as otherwise provided by law was not initially obtained and

 3  shall be open for inspection by the parent or other person who

 4  has the power to consent as otherwise provided by law.

 5         (5)  The person who gives consent; a physician,

 6  dentist, nurse, or other health care professional licensed to

 7  practice in this state; or a hospital or medical facility,

 8  including, but not limited to, county health departments,

 9  shall not incur civil liability by reason of the giving of

10  consent, examination, or rendering of treatment, provided that

11  such consent, examination, or treatment was given or rendered

12  as a reasonable prudent person or similar health care

13  professional would give or render it under the same or similar

14  circumstances.

15         (6)  The Center for Juvenile Psychotropic Studies is

16  created within the Department of Psychiatry of the College of

17  Medicine of the University of Florida. The purpose of the

18  center is to collect, track, and assess information regarding

19  dependent minors in state custody who have been or are

20  currently being prescribed psychotropic medications.

21         (a)  The Director of the Center for Juvenile

22  Psychotropic Studies shall be appointed by the dean of the

23  College of Medicine of the University of Florida.

24         (b)  There is created an advisory board that shall

25  periodically and objectively review and advise the center on

26  all actions taken pursuant to this act. The board shall

27  include nine members who are experts in psychiatric health,

28  including:

29         1.  The Secretary of Children and Family Services or

30  his or her designee;

31  

                                  4

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    Florida Senate - 2004                                  SB 2262
    14-1256-04




 1         2.  The Secretary of Juvenile Justice or his or her

 2  designee;

 3         3.  The Secretary of Health Care Administration or his

 4  or her designee;

 5         4.  One member appointed by the Governor;

 6         5.  One member appointed by the President of the

 7  Senate;

 8         6.  One member appointed by the Speaker of the House of

 9  Representatives;

10         7.  One member appointed by the President of the

11  University of Florida; and

12         8.  Two members appointed by the Florida Psychiatric

13  Society.

14         (c)  The center shall work in conjunction with the

15  Department of Children and Family Services, the Department of

16  Juvenile Justice, and the Agency for Health Care

17  Administration; and, to the extent allowed by the privacy

18  requirements of federal and state laws, those agencies shall

19  work with the center and make available to the center data

20  regarding such dependent minors, including, but not limited

21  to:

22         1.  Demographic information, including, but not limited

23  to, age, geographic location, and economic status.

24         2.  A family history of each dependent minor,

25  including, but not limited to, the minor's involvement with

26  the child welfare system or the juvenile justice system.

27         3.  A medical history of each dependent minor,

28  including, but not limited to, the minor's medical condition.

29         4.  All information regarding the medications

30  prescribed or administered to each minor, including, but not

31  

                                  5

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    Florida Senate - 2004                                  SB 2262
    14-1256-04




 1  limited to, information contained in each minor's medication

 2  administration record.

 3         5.  Practice patterns, licensure, and board

 4  certification of prescribing physicians.

 5         (d)  By January 1, 2005, the center shall report its

 6  findings and make recommendations regarding psychotropic

 7  medications prescribed to dependent minors in state custody to

 8  the President of the Senate, the Speaker of the House of

 9  Representatives, and the appropriate committee chairs of the

10  Senate and the House of Representatives.

11         (e)  This subsection expires July 1, 2005.

12         (7)(6)  The Department of Children and Family Services

13  and the Department of Juvenile Justice may adopt rules to

14  implement this section.

15         (8)(7)  This section does not affect other statutory

16  provisions of this state that relate to medical consent for

17  minors.

18         Section 2.  This act shall take effect July 1, 2004.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Creates the Center for Juvenile Psychotropic Studies
      within the Department of Psychiatry of the College of
23    Medicine of the University of Florida, for the purpose of
      collecting and assessing information regarding dependent
24    minors in state custody who have been or are currently
      being prescribed psychotropic medications. Provides for
25    the appointment of a director. Creates an advisory board.
      Provides for board membership. Requires the center to
26    work with the Department of Children and Family Services,
      the Department of Juvenile Justice, and the Agency for
27    Health Care Administration. Requires certain data
      relating to dependent minors for whom psychotropic
28    medication has been prescribed to be made available to
      the center, as legally allowed. Requires the center to
29    report to legislative leaders and to make recommendations
      regarding the prescription of psychotropic medications to
30    dependent minors, by January 1, 2005. Provides for the
      repeal of these provisions on July 1, 2005.
31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.

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