Bill Text: CA SB1357 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Physician Orders for Life Sustaining Treatment form: statewide registry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1357 Detail]

Download: California-2013-SB1357-Amended.html

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BILL NUMBER: SB 1357	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014
	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senator Wolk

                        FEBRUARY 21, 2014

   An act to add Section 4788 to the Probate Code, relating to
resuscitative measures.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1357, as amended, Wolk. Physician Orders for Life Sustaining
Treatment form:  state-wide   statewide 
registry.
   Existing law defines a request regarding resuscitative measures as
a written document, signed by an individual with capacity, or a
legally recognized health care decisionmaker, and the individual's
physician, directing a health care provider regarding resuscitative
measures. Existing law defines a Physician Orders for Life Sustaining
Treatment form, which is commonly referred to as a POLST form  ,
 and provides that a request regarding resuscitative measures
includes a POLST form. Existing law requires that a POLST form and
the medical intervention and procedures offered by the form be
explained by a health care provider. Existing law distinguishes a
request regarding resuscitative measures from an advance health care
directive.
   This bill would enact the California POLST Registry Act. The bill
would require the  State Department of Public Health
  California Health and Human Services Agency  to
establish and operate a  state wide   statewide
 registry system, to be known as the California POLST Registry,
for the purpose of collecting POLST forms received from 
individuals electing to   health care providers, who
would be required to  submit the forms  and
disseminating   to the registry unless a patient or his
or her health care decisionmaker chooses not to participate. The bill
would require the agency to disseminate the information in the
forms to authorized users, including health care providers. The bill
would require the  department   agency  to
adopt rules for the operation of the registry, which would include
the means by which POLST forms would be submitted, revised, and
revoked, appropriate and timely methods for dissemination of POLST
form information, and procedures for verifying the identity of users
and maintaining the confidentiality of POLST forms. The bill would
require that any disclosure of POLST form information in the registry
be made in accordance with applicable federal privacy laws. The bill
 would authorize the department to charge an appropriate fee
to registrants using the registry and  would provide
immunity for people who  submit information to, and 
use information in  ,  the registry and act in good
faith.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
California POLST Registry Act.
  SEC. 2.  Section 4788 is added to the Probate Code, to read:
   4788.  (a) For purposes of this section: 
   (1) "Agency" means the California Health and Human Services
Agency.  
   (1) 
    (2)  "Authorized user" means a person authorized by the
department to submit information to, or to receive information from,
the POLST registry, including health care providers. 
   (2) "Department" means the State Department of Public Health.
 
   (3) "Health care provider" has the meaning provided in Section
4621.  
   (3) 
    (4)  "POLST form" means a Physician Orders for Life
Sustaining Treatment form that fulfills the requirements of Section
4780. 
   (4) "Registrant" means an individual who elects to submit a POLST
form to the registry. 
   (5) "Registry" means the California POLST Registry established by
the  department   agency  pursuant to this
section.
   (b) The  department   agency  shall
establish and operate a statewide registry system, to be known as the
California POLST Registry, for the purpose of collecting a POLST
form received from a  registrant   health care
provider  and disseminating the information in the form to an
authorized user.  The registry may be operated and maintained by
a contractor of the agency.  The  department 
 agency  shall adopt all rules  and regulations
 necessary for the operation of the registry, which shall
include, but not be limited to, the following:
   (1) The means by which a POLST form may be submitted to the
registry, may be revised, and may be revoked  and which shall
include a method for electronic delivery of this information and the
use of legally sufficient electronic signatures  .
   (2) Appropriate and timely methods by which the information in the
registry may be disseminated to an authorized user.
   (3) Procedures for verifying the identity of an authorized user.
   (4) Procedures to ensure the accuracy of  ,  and to
appropriately protect the confidentiality of  ,  POLST forms
submitted to the registry.
   (c) The registry and the information it contains shall be the
property of the state and any disclosure of information in POLST
forms received by the registry shall be made in a manner consistent
with the federal Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191). 
   (d) The department may charge an appropriate and reasonable fee to
a registrant in an amount that, when the fees charged to registrants
are aggregated, does not exceed the actual cost of establishing and
maintaining the registry.  
   (d) A health care provider who completes a POLST with a patient or
his or her legally recognized health care decisionmaker shall submit
a copy of the POLST to the registry unless the patient or the
decisionmaker chooses not to participate in the registry. 
   (e)  A registrant reporting information to the registry or
an   An  authorized user acting upon information
obtained from the registry is not subject to criminal prosecution,
civil liability, discipline for unprofessional conduct,
administrative sanction, or any other sanction if the person acted in
good faith and had no knowledge that the action or decision would be
inconsistent with a health care decision that the individual signing
the request would have made on his or her own behalf under like
circumstances.