The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 1114
INTRODUCER: Senator Bradley
SUBJECT: Emergency Medical Care and Treatment of Minors
DATE: February 21, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Cibula JU Favorable
2. Smith Brown HP Favorable
3. Davis Phelps RC Pre-meeting
I. Summary:
SB 1114 broadens an exception to the general rule that medical treatment cannot be rendered
without a patient’s consent. Under current law, parental consent is required for a physician to
provide emergency medical care to a minor outside of a hospital or college health service.
Similarly, parental consent is required for paramedics and other emergency medical services
personnel to perform emergency care outside of a prehospital setting such as at an accident scene
or in an ambulance.
The bill deletes restrictions on location, thereby allowing, in practice, physicians and emergency
medical personnel to provide emergency medical care or treatment to a minor at any location
without the consent of the minor’s parents under specified conditions when parental consent
cannot be immediately obtained.
The bill provides an effective date of July 1, 2022.
II. Present Situation:
Emergency Medical Care or Treatment of Minors Without Parental Consent
Physicians and Osteopathic Physicians
Section 743.064(1), F.S., establishes limited circumstances under which emergency medical care
or treatment may be given to minors without parental consent. Parental consent is not required if
a minor has been injured in an accident or is suffering from an acute illness, disease, or condition
and a physician
1
or osteopathic physician
2
believes, within a reasonable degree of medical
certainty, that a delay in initiating or providing the emergency care or treatment would endanger
1
Licensed under ch. 458, F.S.
2
Licensed under ch. 459, F.S.
REVISED: BILL: SB 1114 Page 2
the health or physical well-being of the minor. Under this section, such emergency care or
treatment may be administered only in a licensed hospital or in a college health service.
Paramedics, Emergency Medical Technicians, and Other Emergency Personnel
Similarly, paramedics, emergency medical technicians, and other emergency medical services
personnel may provide emergency medical care or treatment to a minor without parental consent
if the care is rendered in a “prehospital”
3
setting and rendered in a manner consistent with
ch. 401, F.S., the Medical Telecommunications and Transportation chapter.
Prerequisites for Authorization
Such physicians and emergency personnel may provide emergency medical care or treatment
without parental consent when:
The minor’s condition has rendered him or her unable to provide the identity of his or her
parents, guardian, or legal custodian, and no one who accompanies the minor to the hospital
knows that information; or
The parents, guardian, or legal custodian cannot be immediately located by phone at their
residence or business.
4
Essential Updates to Medical Records
After emergency care or treatment is administered to the minor, the health care provider must
notify the minor’s parents, guardian, or legal custodian of the provision of medical care or
treatment as soon as possible. The hospital records must reflect why the hospital was unable to
obtain consent before treatment and contain a statement from the attending physician that the
emergency care or treatment was necessary for the minor’s heath or physical well-being. The
hospital records must then be open for inspection by the person who is legally responsible for the
minor.
5
Parents’ Bill of Rights
General Overview
In 2021, the Legislature passed the “Parents’ Bill of Rights” act that is now contained in
ch. 1014, F.S.
6
The bill of rights provides that the state, its political subdivisions, any other
governmental entity, or other institution may not infringe upon the fundamental rights of a parent
to direct the upbringing, education, health care, and mental health of a minor child. In addition to
listing parental rights relating to a child’s education, the law includes requirements for obtaining
parental consent before health care services may be provided to a minor child.
It should be noted that the provisions contained in the Parents’ Bill of Rights do not apply to
abortion, which are governed by ch. 390, F.S.
7
3
The term “prehospital” is not defined in the statutes.
4
Section 743.064(2), F.S.
5
Section 743.064(3), F.S.
6
Chapter 2021-199, Laws of Fla.
7
See section 1014.06(3), F.S. BILL: SB 1114 Page 3
Criminal Penalties and Exceptions
Section 1014.06(1), F.S., states that, except as otherwise provided by law, a health care
practitioner or his or her employee, “may not provide or solicit or arrange to provide health care
services or prescribe medicinal drugs to a minor child without first obtaining written parental
consent.”
Section 1014.06(2), F.S., states that, except as otherwise provided by law or by a court order, a
provider “may not allow a medical procedure to be performed on a minor child in its facility
without first obtaining written parental consent.”
8
A health care practitioner or other person who
violates these provisions is subject to disciplinary action, as applicable, and commits a first
degree misdemeanor. A first degree misdemeanor is punishable by a term of imprisonment not to
exceed one year and a fine that may not exceed $1,000.
9
Potential Complications of Construing the Emergency Treatment of Minors Provisions
with the Parents’ Bill of Rights
Before the Parents’ Bill of Rights was enacted in 2021 and excluding abortion regulations,
10
the
statutes did not expressly criminalize the rendering of medical care to minors without parental
consent.
11
In Brown v. Wood,
12
however, the court acknowledged that a plaintiff may bring an
action for negligence or assault and battery against a physician who did not obtain the informed
consent of a parent before performing an operation on a minor child.
Depending on how the two “except as otherwise provided” provisions of the Parents’ Bill of
Rights are interpreted, it is unclear if physicians and osteopathic physicians could be subjected to
criminal penalties for providing emergency care or treatment to a minor. If the provision of
emergency medical care on a minor without parental consent as permitted in s. 743.064, F.S.,
constitutes an exception to the Parents’ Bill of Rights, then there is no criminal risk for the
medical professional who provides emergency treatment in a licensed hospital or college health
service. However, the provision of emergency medical care to a minor outside of those locations
could be subject to a criminal penalty.
III. Effect of Proposed Changes:
SB 1114 will, in practice, allow physicians and emergency medical personnel to provide
emergency medical care or treatment to a minor at any location without the consent of the
minor’s parents under specified conditions when parental consent cannot be immediately
obtained. The bill removes the restrictions on the locations where emergency medical care or
treatment may be rendered for a minor without parental consent.
8
Section 1014.06(3), F.S., states that this section does not apply to abortion, which is governed by chapter 390.
Section 1014.06(4), F.S., states that this section does not apply to services provided by a clinical laboratory, unless the
services are delivered through a direct encounter with the minor at the clinical laboratory facility.
9
See s. 775.082(4)(a), F.S., for penalties and s. 775.083(1)(d), F.S., for fines.
10
See s. 390.01114, F.S.
11
Arguably, the provision of medical care without consent constitutes the criminal offense of battery. Section 784.03(1), F.S.,
states that battery includes situations in which a person “[a]ctually and intentionally touches or strikes another person against
the will of the other.”
12
Brown v. Wood, 202 So. 2d 125 (Fla. 2d DCA 1967). BILL: SB 1114 Page 4
Physicians and Osteopathic Physicians
Under the bill, the emergency medical care or treatment location is not restricted for physicians
and osteopathic physicians to a licensed hospital or a college health service. Before rendering
emergency aid, such physicians must determine that the minor has been injured in an accident or
is suffering from an acute illness, disease, or condition, and he or she believes, with a reasonable
degree of medical certainty, that delaying in initiating or providing emergency medical care or
treatment will endanger the minor’s health or well-being.
Paramedics, Emergency Medical Technicians, and Other Emergency Medical Services
Personnel
Under the bill, paramedics, emergency medical technicians, and other emergency medical
services personnel are not limited to rendering aid in a prehospital setting. Such emergency
personnel must render emergency medical care consistent with the provisions of ch. 401, F.S.,
the Medical Telecommunications and Transportation chapter.
Additional Requirements for Rendering Emergency Care or Treatment
Under the bill, current law would continue to prohibit such physicians and emergency medical
personnel from rendering treatment to a minor without parental consent unless: the minor’s
condition has rendered him or her unable to reveal the identity of his or her parents, guardian, or
legal custodian, and such information is unknown to any person who accompanied the minor to
the hospital; or the parents, guardian, or legal custodian cannot be immediately located by
telephone at their place of residence or business. Additionally, the parents must be notified as
soon as possible after the emergency care or treatment has been administered.
Under current law, hospital records must reflect the reason such consent was not initially
obtained and must contain a statement by the attending physician that immediate emergency
medical care or treatment was necessary for the patient’s health or physical well-being. The
hospital records must be open for inspection by the person legally responsible for the minor. The
bill removes the reference to “hospital records” and replaces the term with “patient records” to
conform to changes made by the bill.
The bill deletes the phrase “hospital, or college health service” in s. 743.064(4), F.S., for the
purpose of conforming to other changes made by the bill.
The bill provides an effective date of July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None. BILL: SB 1114 Page 5
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Department of Health reports that SB 1114 will have no impact on the department.
13
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 743.064 of the Florida Statutes.
13
Florida Department of Health, Senate Bill 1114 Agency Analysis, Jan. 10, 2022. (on file with the Senate Health Policy
Committee). BILL: SB 1114 Page 6
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.