November 12, 2019
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Senate Bill 2262

Senate Bill sb2262c1

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

    By the Committee on Children and Families; and Senator Smith





    300-2230-04

  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                           CS for SB 2262
    300-2230-04




 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                           CS for SB 2262
    300-2230-04




 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                           CS for SB 2262
    300-2230-04




 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  minors in state custody held pursuant to chapter 39, chapter

20  984, or chapter 985 who have been or are currently being

21  prescribed psychotropic medications.

22         (a)  The Director of the Center for Juvenile

23  Psychotropic Studies shall be appointed by the dean of the

24  College of Medicine of the University of Florida.

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

26  periodically and objectively review and advise the center on

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

28  include 10 members who are experts in psychiatric health,

29  including:

30           1.  The Secretary of Children and Family Services or

31  his or her designee;

                                  4

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    Florida Senate - 2004                           CS for SB 2262
    300-2230-04




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

 2  designee;

 3           3.  The Secretary of Health Care Administration or

 4  his or her designee;

 5           4.  The Secretary of the Department of Health or his

 6  or her designee;

 7           5.  One member appointed by the Governor;

 8           6.  One member appointed by the President of the

 9  Senate;

10           7.  One member appointed by the Speaker of the House

11  of Representatives;

12           8.  One member appointed by the President of the

13  University of Florida; and

14           9.  Two members appointed by the Florida Psychiatric

15  Society.

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

17  Department of Children and Family Services, the Department of

18  Juvenile Justice, and the Agency for Health Care

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

20  requirements of federal and state laws, those agencies shall

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

22  regarding such dependent minors, including, but not limited

23  to:

24         1.  Demographic information, including, but not limited

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

26         2.  A family history of each dependent minor,

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

28  the child welfare system or the juvenile justice system.

29         3.  A medical history of each dependent minor,

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

31  

                                  5

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    Florida Senate - 2004                           CS for SB 2262
    300-2230-04




 1         4.  All information regarding the medications

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

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

 4  administration record.

 5         5.  Practice patterns, licensure, and board

 6  certification of prescribing physicians.

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

 8  findings and make recommendations regarding psychotropic

 9  medications prescribed to minors in state custody held

10  pursuant to chapter 39, chapter 984, or chapter 985 to the

11  President of the Senate, the Speaker of the House of

12  Representatives, and the appropriate committee chairs of the

13  Senate and the House of Representatives.

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

15         (7)(6)  The Department of Children and Family Services

16  and the Department of Juvenile Justice may adopt rules to

17  implement this section.

18         (8)(7)  This section does not affect other statutory

19  provisions of this state that relate to medical consent for

20  minors.

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

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 2262

25                                 

26  Specifies that the proposed legislation targets minors in
    state custody held pursuant to chapter 39, chapter 984, or
27  chapter 985 of the Florida Statutes.

28  Directs that membership of the advisory board include the
    Secretary of the Department of Health or his or her designee.
29  

30  

31  

                                  6

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

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