California Senate Bill SB1357 Amended / Bill

 BILL NUMBER: SB 1357AMENDED 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.