SB82: Bill Text

SB82,21,13 (2) Authorizing a caregiver to consent to health services. (a) A parent may authorize a caregiver to consent to health services for the parent's child by completing a health services consent form.

SB82,21,14 (b) A valid health services consent form shall be all of the following:

SB82,21,15 1. In writing.

SB82,21,17 2. Dated and signed by the parent and the caregiver whom the parent is authorizing to consent to health services for the child.

SB82,21,18 3. Voluntarily executed.

SB82,21,22 (c) A health services consent form under this section shall remain in effect for the period of time specified on the form, which period may not exceed one year from the date on which the form is executed, unless the form is revoked or otherwise made invalid earlier.

SB82,21,25 (d) Nothing in this section shall be construed to make invalid other instruments that are voluntarily executed by a parent authorizing an individual or other entity to consent to health services for the parent's child.

SB82,22,6 (3) Effect of health services consent form; form. (a) Unless the health services consent form, a guardianship order, or any other court order provides otherwise, a caregiver designated in a health services consent form who is known to a health care provider to be available to consent to health services for a child has priority over all other individuals other than a parent to make health services decisions as provided in the health services consent form.

SB82,22,15 (b) The department shall prepare the health services consent form and accompanying information. The department shall include, in information accompanying the form, at least the statutory definitions of the terms used in the form. The department shall prepare the form and accompanying information in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department. The department shall make the health services consent form available at no charge on the Internet. The health services consent form prepared by the department shall be in substantially the following form:

SB82,22,16 HEALTH SERVICES CONSENT

SB82,22,20 Use of form: Use of this form is voluntary, but completion of the form will aid the caregiver of a child in ensuring that appropriate and timely health care is provided for the child. The form is to be completed by the parent of a child who is being cared for by another adult.

SB82,22,22 Instructions: If additional space is needed, attach a separate sheet or use reverse side of this form.

SB82,23,2 AUTHORIZATION TO CONSENT TO HEALTH SERVICES

SB82,23,5 I, .... (print name of parent), hereby authorize my child's caregiver .... (print name of caregiver), to do the following for my child, .... (print name and date of birth of child):

SB82,23,6 A. Routine Health Services Consent and Exclusions:

SB82,23,10 Provide consent for routine health services for the above-named child, including medical and dental examinations and nonemergency prescribed treatments (for example, tooth repair, immunizations, and medications), with the following exceptions: (If there are no exceptions, write "none.")

SB82,23,11 ........................................................................................................................................

SB82,23,12 ........................................................................................................................................

SB82,23,13 B. Emergency Health Services Consent and Exclusions:

SB82,23,15 In case of a medical emergency involving the above-named child, arrange for emergency health services using the following procedures:

SB82,23,17 1. A reasonable effort will be made to contact me and secure my consent for needed emergency health services, including surgical procedures.

SB82,23,19 2. If I cannot be located within a reasonable time, the child's caregiver has the authority to consent to emergency health services, including surgery performed.

SB82,23,21 3. All health services will be provided under the direction of a licensed dental care provider or physician or other licensed health care provider as appropriate.

SB82,24,3 I have no objections to the caregiver exercising his or her authority to consent to emergency health services as provided above, with the following exceptions: (If there are no exceptions, write "none.")

SB82,24,4 ........................................................................................................................................

SB82,24,5 ........................................................................................................................................

SB82,24,9 The authority granted under this health services consent form shall remain in effect until .... (print date), unless revoked or made invalid earlier. (The parent may specify any date agreed to between the parent and caregiver up to one year after the date on which the form is signed.)

SB82,24,10 Signature of parent .... Date ....

SB82,24,11 Name of parent (print) ....

SB82,24,12 STATEMENT OF CAREGIVER

SB82,24,18 I understand that .... (name of parent) has authorized me to make health services decisions for .... (name of child). I agree to make health services decisions for the above-named child consistent with what I and the child's health care providers believe is in the child's best interest, consistent with the authority granted in this form, and consistent with any other wishes or beliefs of the child's parent of which I am aware.

SB82,24,19 Signature of Caregiver .... Date ....

SB82,24,20 CONTACT INFORMATION

SB82,24,21 A. Parent:

SB82,24,22 Name (print) ....

SB82,24,23 Home address .... Home telephone number ....

SB82,24,24 Work address .... Work telephone number ....

SB82,24,25 Other address (specify) .... Other telephone number ....

SB82,25,1 B. Caregiver:

SB82,25,2 Name (print) ....

SB82,25,3 Home address .... Home telephone number ....

SB82,25,4 Work address .... Work telephone number ....

SB82,25,5 Other address (specify) .... Other telephone number ....

SB82,25,7 (4) Revocation of health services form. (a) A parent may revoke a health services consent form at any time by doing any of the following:

SB82,25,9 1. Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health services consent form.

SB82,25,11 2. Executing a statement, in writing, that is signed and dated by the parent, expressing the parent's intent to revoke the health services consent form.

SB82,25,12 3. Executing a subsequent health services consent form.

SB82,25,14 (b) A health services consent form is not valid if the minor no longer resides with the caregiver.

SB82,25,18 (c) If a caregiver knows that the instrument that authorized him or her to make health services decisions for a child has been revoked or is no longer valid, the caregiver shall communicate this fact to any health care provider for the child that the caregiver knows has a copy of the health services consent form.

SB82,25,22 (d) The child's health care provider shall, upon notification of revocation or invalidity of the health services consent form, record in the child's medical record the time, date, and place of the notification to the health care provider of the revocation or invalidity.

SB82,26,2 (5) Duties and immunities. (a) No health care facility or health care provider may be charged with a crime, held civilly liable, or charged with unprofessional conduct for any of the following in providing health services under a health services consent form:

SB82,26,6 1. Complying, in the absence of actual knowledge of a revocation, with the terms of a health services consent form that is in compliance with this section or the decision of a caregiver that is made under a health services consent form that is in compliance with this section.

SB82,26,9 2. Acting contrary to or failing to act on a revocation of a health services consent form, unless the health care facility or health care provider has actual knowledge of the revocation.

SB82,26,12 3. Acting contrary to or failing to act on the health services decision of a parent, unless the health care facility or health care provider has actual knowledge of the parent's health services decision.

SB82,26,16 (b) In the absence of actual notice to the contrary, a health care facility or health care provider may presume that a parent was authorized to execute the health services consent form under the requirements of this section and that the form is valid.

SB82,26,19 (c) No caregiver may be charged with a crime or held civilly liable for making a decision in good faith under a health services consent form that is in compliance with this section.

SB82,26,23 (6) Penalties. (a) Whoever knowingly falsifies or forges a health services consent form with intent to create the false impression that a person other than the caregiver has been designated to consent to health services for a child is subject to a forfeiture not to exceed $200.

SB82,27,5 (b) Whoever gives or attempts to give consent for health services based on a health services consent form that the individual knows has been executed without the voluntary consent of the parent, that the individual knows has been forged or substantially altered without the authorization of the child's parent, or that the individual knows has been revoked, with the intent to act contrary to the parent's wishes may be fined not more than $500 or imprisoned for not more than 30 days or both.

Note: Section 29 creates a new section in the Children's Code that allows a parent to complete a form that gives an adult with whom a child lives the authority to make health services decisions for the child on behalf of the parent.

This Section includes a health services consent form. The form must be signed by the parent and by the caregiver. DHFS must prepare the health services consent form and accompanying information and make the form available, at no charge, on the Internet. The form must be prepared in English, Spanish, and any other language that DHFS determines is spoken by a significant number of state residents.

A valid health services consent form gives the caregiver the authority to make routine and emergency health care decisions for the named child. A contravening decision by a parent, however, supersedes the caregiver's decision.

This Section allows a parent to revoke a health services consent form. Also, a form is not valid if the child no longer lives with the caregiver.

This Section provides immunity from liability for health care providers who act in good faith in complying with a health services consent form. In addition, a caregiver may not be liable for making a decision in good faith under a valid health services consent form.

The Section provides penalties for falsifying a health services consent form and for attempting to give consent under a forged or revoked form with the intent of acting contrary to the wishes of the child's parent's.

SB82, s. 30 Section 30 . 49.155 (5) of the statutes is renumbered 49.155 (5) (a) and amended to read:

SB82,27,10 49.155 (5) (a) An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule except as provided in pars. (b), (c), and (d).

SB82,27,15 (b) An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

SB82, s. 31 Section 31 . 49.155 (5) (c) and (d) of the statutes are created to read:

SB82,28,4 49.155 (5) (c) An individual who is receiving payments under s. 48.57 (3m) or (3n) for providing care and maintenance for a child is not liable for a copayment for the child.

SB82,28,6 (d) An individual who the department specifies, by rule, is not liable for a copayment.

Note: Sections 30 and 31 create an exception to the requirement that an individual who receives a child care subsidy is liable for a percentage of the cost of the child care. Under Section 31, a kinship care relative and a person who the department of workforce development specifies is not liable for a copayment are not liable for a copayment.

SB82, s. 32 Section 32 . 880.08 (3) (am) (intro.) of the statutes is amended to read:

SB82,28,10 880.08 (3) (am) (intro.) When the proposed ward is a minor, notice shall be given as provided in s. 879.05 to all of the following persons, if applicable, except that notice required to be given by publication shall be published as a class 1 notice:

Note: Section 32 modifies current law so that notice of a hearing to appoint a guardian for a minor must be published in a newspaper as a class 1 notice (i.e., published once) if personal service is not possible. Under current law, such notice must be published as a class 3 notice (i.e., published 3 times).

SB82, s. 33 Section 33 . Nonstatutory provisions.

SB82,28,17 (1) Guardianship and legal custody of minors. The joint legislative council is requested to study state laws regarding guardianship and legal custody of minors and the rights and responsibilities of guardians and legal custodians. If the joint legislative council conducts the study, the joint legislative council shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2005.

SB82,29,2 (2) The department of health and family services shall study methods to manage funding for kinship care payments in order to minimize the need for waiting lists for kinship care payments. The department shall submit a report summarizing the results of the study to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes by June 30, 2004.

Note: Section 33 requests the Joint Legislative Council to study state laws regarding guardianship and legal custody of minors and the rights and responsibilities of guardians and legal custodians.

Section 33 also requires DHFS to study methods to manage funding for kinship care payments in order to minimize the need for waiting lists for payments and to report on the results of its study to the appropriate standing committees of the legislature by June 30, 2004.

SB82,29,3 (End)