HB 427 2023 CODING: Words stricken are deletions; words underlined are additions. hb0427-00 Page 1 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to health care authority and consent; 2 amending s. 744.441, F.S.; authorizing certain persons 3 to act on behalf of a ward before a guardian is 4 appointed; amending s. 817.5655, F.S.; prohibiting the 5 sale or transfer of the DNA of another person for 6 purposes of DNA analysis; revising exemptions from 7 prosecution of certain crimes related to the unlawful 8 use of DNA samples, DNA analyses, or the resul ts of 9 DNA analyses; revising applicability; amending s. 10 1014.06, F.S.; authorizing health care practitioners 11 and providers to obtain verbal parental consent for 12 the provision of health care services, medical 13 procedures, and the prescription of medicinal dr ugs to 14 a minor child under certain circumstances; requiring 15 health care practitioners and providers to document 16 certain information when written parental consent is 17 not obtained; providing an effective date. 18 19 Be It Enacted by the Legislature of the Sta te of Florida: 20 21 Section 1. Subsection (2) of section 744.441, Florida 22 Statutes, is amended to read: 23 744.441 Powers of guardian upon court approval. —After 24 obtaining approval of the court pursuant to a petition for 25 HB 427 2023 CODING: Words stricken are deletions; words underlined are additions. hb0427-00 Page 2 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S authorization to act: 26 (2) A plenary guardian or a limited guardian of a ward may 27 sign an order not to resuscitate as provided in s. 401.45(3). 28 When a plenary guardian or a limited guardian of a ward seeks to 29 obtain approval of the court to sign an order not to 30 resuscitate, if required by ex igent circumstances, the court 31 must hold a preliminary hearing within 72 hours after the 32 petition is filed, and: 33 (a) Rule on the relief requested immediately after the 34 preliminary hearing; or 35 (b) Conduct an evidentiary hearing not later than 4 days 36 after the preliminary hearing and rule on the relief requested 37 immediately after the evidentiary hearing. 38 39 This subsection does not prevent a person with authority under 40 s. 765.401, to act on behalf of the ward before a guardian is 41 appointed. 42 Section 2. Subsections (5), (7), and (8) of section 43 817.5655, Florida Statutes, are amended, and subsection (1) of 44 that section is republished, to read: 45 817.5655 Unlawful use of DNA; penalties; exceptions. — 46 (1) As used in this section, the terms "DNA analysis," 47 "DNA sample," and "express consent" have the same meanings as in 48 s. 760.40(1)(a), (b), and (d), respectively. 49 (5) It is unlawful for a person to willfully, and without 50 HB 427 2023 CODING: Words stricken are deletions; words underlined are additions. hb0427-00 Page 3 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S express consent, sell or otherwise transfer another person's DNA 51 sample for purposes of DNA analysis or the results of another 52 person's DNA analysis to a third party, regardless of whether 53 the DNA sample was originally collected, retained, or analyzed 54 with express consent. A person who violates this subsection 55 commits a felony of the second d egree, punishable as provided in 56 s. 775.082, s. 775.083, or s. 775.084. 57 (7) This section and s. 760.40 do not apply to a DNA 58 sample, a DNA analysis, or the results of a DNA analysis used 59 for the purposes of: 60 (a) Criminal investigation or prosecution; 61 (b) Complying with a subpoena, summons, or other lawful 62 court order; 63 (c) Complying with federal law; 64 (d) Treatment, payment, or health care operations as those 65 terms are defined in 45 C.F.R. s. 164.501 Medical diagnosis, 66 conducting quality assessments , improvement activities, and 67 treatment of a patient when: 68 1. Express consent for clinical laboratory analysis of the 69 DNA sample was obtained by the health care practitioner who 70 collected the DNA sample ; or 71 2. Performed by a clinical laboratory certifi ed by the 72 Centers for Medicare and Medicaid Services; 73 (e) The newborn screening program established in s. 74 383.14; 75 HB 427 2023 CODING: Words stricken are deletions; words underlined are additions. hb0427-00 Page 4 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (f) Determining paternity under s. 409.256 or s. 76 742.12(1); 77 (g) Performing any activity authorized under s. 943.325; 78 or 79 (h) Conducting research, and designing and preparing such 80 research, subject to the requirements of, and in compliance 81 with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. 82 parts 160 and 164; or utilizing information that is deidentified 83 consistent with 45 C.F .R. parts 160 and 164 and that is 84 originally collected and maintained for research subject to the 85 requirements of, and in compliance with, 45 C.F.R. part 46, 21 86 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164. 87 (8) The provisions of This section and s. 760.40 apply 88 only to the collection, use, analysis, submission, maintenance, 89 or disclosure of a DNA sample collected from a person in this 90 state Florida, and to use, retention, maintenance, and 91 disclosure of such person's DNA sample or the results of a DNA 92 analysis after the effective date of this act. 93 Section 3. Subsections (3), (4), and (5) of section 94 1014.06, Florida Statutes, are renumbered as subsections (4), 95 (5), and (6), respectively, subsections (1) and (2) of that 96 section are amended, and a new subsection (3) is added to that 97 section to read: 98 1014.06 Parental consent for health care services. — 99 (1) Except as otherwise provided by law, a health care 100 HB 427 2023 CODING: Words stricken are deletions; words underlined are additions. hb0427-00 Page 5 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S practitioner, as defined in s. 456.001, or an individual 101 employed by such health care prac titioner may not provide or 102 solicit or arrange to provide health care services or prescribe 103 medicinal drugs to a minor child without first obtaining written 104 parental consent or, if the parent is not able to provide 105 written consent, verbal parental consent that is documented by 106 the health care practitioner and witnessed by another health 107 care practitioner at a hospital or surgical center licensed 108 under chapter 395 or a clinical facility exempt from licensure 109 under s. 400.9905(4)(e) and (h) . 110 (2) Except as otherwise provided by law or a court order, 111 a provider, as defined in s. 408.803, may not allow a medical 112 procedure to be performed on a minor child in its facility 113 without first obtaining written parental consent or, if the 114 parent is not able to provide wr itten consent, verbal parental 115 consent that is documented by the provider and witnessed by 116 another provider at a hospital or surgical center licensed under 117 chapter 395 or a clinical facility exempt from licensure under 118 s. 400.9905(4)(e) and (h) . 119 (3) When written parental consent is not obtained and 120 verbal parental consent is obtained as provided under 121 subsections (1) and (2), the health care practitioner or 122 provider must also document the reason why the parent was unable 123 to provide written parental consen t. 124 Section 4. This act shall take effect July 1, 2023. 125