Bill Text: FL S1376 | 2013 | Regular Session | Comm Sub

---

Bill Title: Motorist Safety

Spectrum: Bipartisan Bill

Status: (Failed) 2013-05-03 - Died in Health Policy [S1376 Detail]

Download: Florida-2013-S1376-Comm_Sub.html

---

       Florida Senate - 2013                             CS for SB 1376
       
       
       
       By the Committee on Community Affairs; and Senator Abruzzo
       
       
       
       
       578-04460-13                                          20131376c1
    1                        A bill to be entitled                      
    2         An act relating to motorist safety; authorizing the
    3         governing body of a county to create a yellow dot
    4         critical motorist medical information program for
    5         certain purposes; authorizing a county to solicit
    6         sponsorships for the medical information program and
    7         enter into an interlocal agreement with another county
    8         to solicit such sponsorships; authorizing the
    9         Department of Highway Safety and Motor Vehicles and
   10         the Department of Transportation to provide education
   11         and training and publicize the program; requiring the
   12         program to be free to participants; providing for
   13         applications to participate; providing for a yellow
   14         dot decal and a yellow dot folder to be issued to
   15         participants and a form containing specified
   16         information about the participant; providing
   17         procedures for use of the decal, folder, and form;
   18         providing for limited use of information on the forms
   19         by emergency medical responders; limiting liability of
   20         emergency medical responders; requiring the governing
   21         body of a participating county to adopt guidelines and
   22         procedures to ensure that confidential information is
   23         not made public; providing a contingent effective
   24         date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Yellow dot critical motorist medical information
   29  program; yellow dot decal, folder, and information form.—
   30         (1) The governing body of a county may create a yellow dot
   31  critical motorist medical information program to assist
   32  emergency medical responders and drivers and passengers who
   33  participate in the program by making critical medical
   34  information readily available to a responder in the event of a
   35  motor vehicle accident or a medical emergency involving a
   36  participant’s vehicle.
   37         (2)(a) The governing body of a county may solicit
   38  sponsorships from interested business entities and not-for
   39  profit organizations to cover costs of the program, including
   40  the cost of the yellow dot decals and folders that shall be
   41  provided free of charge to participants. Two or more counties
   42  may enter into an interlocal agreement to solicit such
   43  sponsorships.
   44         (b) The Department of Highway Safety and Motor Vehicles or
   45  the Department of Transportation may provide education and
   46  training to encourage emergency medical responders to
   47  participate in the program and may take reasonable measures to
   48  publicize the program.
   49         (3)(a) Any owner or lessee of a motor vehicle may
   50  participate in the program upon submission of an application and
   51  documentation, in the form and manner prescribed by the
   52  governing body of the county.
   53         (b) The application form must include a statement that the
   54  information submitted will be disclosed only to authorized
   55  personnel of law enforcement and public safety agencies,
   56  emergency medical services agencies, and hospitals for the
   57  purposes authorized in subsection (5).
   58         (c) The application form must describe the confidential
   59  nature of the medical information voluntarily provided by the
   60  participant and must state that, by providing the medical
   61  information, the participant has authorized the use and
   62  disclosure of the medical information to authorized personnel
   63  solely for the purposes listed in subsection (5). The
   64  application form must also require the participant’s express
   65  written consent for such use and disclosure.
   66         (d) The county may not charge any fee to participate in the
   67  yellow dot program.
   68         (4) A participant shall receive a yellow dot decal, a
   69  yellow dot folder, and a form with the participant’s
   70  information.
   71         (a) The participant shall affix the decal onto the rear
   72  window in the left lower corner of a motor vehicle or in a
   73  clearly visible location on a motorcycle.
   74         (b) A person who rides in a motor vehicle as a passenger
   75  may also participate in the program but may not be issued a
   76  decal if a decal is issued to the owner or lessee of the motor
   77  vehicle in which the person rides.
   78         (c) The yellow dot folder, which shall be stored in the
   79  glove compartment of the motor vehicle or in a compartment
   80  attached to a motorcycle, must contain a form with the following
   81  information about the participant:
   82         1. The participant’s name.
   83         2. The participant’s photograph.
   84         3. Emergency contact information of no more than two
   85  persons for the participant.
   86         4. The participant’s medical information, including medical
   87  conditions, recent surgeries, allergies, and medications being
   88  taken.
   89         5. The participant’s hospital preference.
   90         6. Contact information for no more than two physicians for
   91  the participant.
   92         (5)(a) If a driver or passenger of a motor vehicle becomes
   93  involved in a motor vehicle accident or emergency situation, and
   94  a yellow dot decal is affixed to the vehicle, an emergency
   95  medical responder at the scene may search the glove compartment
   96  of the vehicle for the corresponding yellow dot folder.
   97         (b) An emergency medical responder at the scene may use the
   98  information in the yellow dot folder for the following purposes
   99  only:
  100         1. To positively identify the participant.
  101         2. To ascertain whether the participant has a medical
  102  condition that might impede communications between the
  103  participant and the responder.
  104         3. To inform the participant’s emergency contacts about the
  105  location, condition, or death of the participant.
  106         4. To learn the nature of any medical information reported
  107  by the participant on the form.
  108         5. To ensure that the participant’s current medications and
  109  preexisting medical conditions are considered when emergency
  110  medical treatment is administered for any injury to or condition
  111  of the participant.
  112         (6) Except for wanton or willful conduct, an emergency
  113  medical responder or the employer of a responder does not incur
  114  any liability if a responder is unable to make contact, in good
  115  faith, with a participant’s emergency contact person, or if a
  116  responder disseminates or fails to disseminate any information
  117  from the yellow dot folder to any other emergency medical
  118  responder, hospital, or healthcare provider who renders
  119  emergency medical treatment to the participant.
  120         (7) The governing body of a participating county shall
  121  adopt guidelines and procedures for ensuring that any
  122  information that is confidential is not made public through the
  123  program.
  124         Section 2. This act shall take effect July 1, 2014, or on
  125  the same date that legislation which exempts the information
  126  required under the yellow dot critical motorist medical
  127  information program created pursuant to section 1 of this act
  128  from s. 119.071(1), Florida Statutes, and s. 24(a), Article I of
  129  the State Constitution, takes effect, whichever occurs later, if
  130  such legislation is adopted in the 2014 Regular Session of the
  131  Legislature or an extension thereof and becomes law.