15 | 15 | | An act relating to advanced practice registered nurse 2 |
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16 | 16 | | services; amending s. 382.008, F.S.; revising who may 3 |
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17 | 17 | | file a certificate of death or fetal death; revising 4 |
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18 | 18 | | the definition of "primary or attending practitioner"; 5 |
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19 | 19 | | revising who may note corrected information on a 6 |
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20 | 20 | | permanent certificate of death or fetal death; 7 |
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21 | 21 | | providing an effective date. 8 |
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22 | 22 | | 9 |
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23 | 23 | | Be It Enacted by the Legislature of the State of Florida: 10 |
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24 | 24 | | 11 |
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25 | 25 | | Section 1. Paragraph (a) of subsection (2) and subsections 12 |
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26 | 26 | | (3) and (5) of section 382.008, Florida Statutes, are amended to 13 |
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27 | 27 | | read: 14 |
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28 | 28 | | 382.008 Death, fetal death, and nonviable birth 15 |
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29 | 29 | | registration.— 16 |
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30 | 30 | | (2)(a) The funeral director who first assumes custody of a 17 |
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31 | 31 | | dead body or fetus shall electronically file the certificate of 18 |
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32 | 32 | | death or fetal death. In the absence of the funeral director, 19 |
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33 | 33 | | the physician, physician assistant, advanced practice registered 20 |
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34 | 34 | | nurse registered under s. 464.0123, advanced practice registered 21 |
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35 | 35 | | nurse providing hospice care pursuant to a written protocol with 22 |
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36 | 36 | | a licensed physician, or other person in attendance at or after 23 |
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37 | 37 | | the death or the district medical examiner of the county in 24 |
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38 | 38 | | which the death occurred or the body was found shall 25 |
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46 | 46 | | Page 2 of 4 |
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47 | 47 | | 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 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | electronically file th e certificate of death or fetal death. The 26 |
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52 | 52 | | person who files the certificate shall obtain personal data from 27 |
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53 | 53 | | a legally authorized person as described in s. 497.005 or the 28 |
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54 | 54 | | best qualified person or source available. The medical 29 |
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55 | 55 | | certification of cause of death must be furnished to the funeral 30 |
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56 | 56 | | director, either in person or via certified mail or electronic 31 |
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57 | 57 | | transfer, by the physician, physician assistant, advanced 32 |
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58 | 58 | | practice registered nurse registered under s. 464.0123, advanced 33 |
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59 | 59 | | practice registered nurse providing hospice care pursuant to a 34 |
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60 | 60 | | written protocol with a licensed physician, or medical examiner 35 |
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61 | 61 | | responsible for furnishing such information. For fetal deaths, 36 |
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62 | 62 | | the physician, physician assistant, advanced practice registered 37 |
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63 | 63 | | nurse registered under s. 464.0123, advanced practice registered 38 |
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64 | 64 | | nurse providing hospice care pursuant to a written protocol with 39 |
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65 | 65 | | a licensed physician, midwife, or hospital administrator shall 40 |
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66 | 66 | | provide any medical or health information to the funeral 41 |
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67 | 67 | | director within 72 hours after expulsion or extraction. 42 |
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68 | 68 | | (3) Within 72 hours after receipt of a death or fetal 43 |
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69 | 69 | | death certificate from the funeral director, the medical 44 |
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70 | 70 | | certification of cause of death shall be completed and made 45 |
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71 | 71 | | available to the funeral director by the decedent's primary or 46 |
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72 | 72 | | attending practitioner or, if s. 382.011 applies, the district 47 |
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73 | 73 | | medical examiner of the county in which the death occurred or 48 |
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74 | 74 | | the body was found. The primary or attending practitioner or the 49 |
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75 | 75 | | medical examiner shall certify over his or her signature the 50 |
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83 | 83 | | Page 3 of 4 |
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84 | 84 | | 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 |
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87 | 87 | | |
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88 | 88 | | cause of death to the best of his or her knowledge and belief. 51 |
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89 | 89 | | As used in this section, the term "primary or attending 52 |
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90 | 90 | | practitioner" means a physician, physician assistant, or 53 |
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91 | 91 | | advanced practice registered nurse registered under s. 464.0123 , 54 |
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92 | 92 | | or an advanced practice reg istered nurse providing hospice care 55 |
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93 | 93 | | pursuant to a written protocol with a licensed physician, who 56 |
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94 | 94 | | treated the decedent through examination, medical advice, or 57 |
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95 | 95 | | medication during the 12 months preceding the date of death. 58 |
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96 | 96 | | (a) The department may grant the funeral director an 59 |
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97 | 97 | | extension of time upon a good and sufficient showing of any of 60 |
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98 | 98 | | the following conditions: 61 |
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99 | 99 | | 1. An autopsy is pending. 62 |
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100 | 100 | | 2. Toxicology, laboratory, or other diagnostic reports 63 |
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101 | 101 | | have not been completed. 64 |
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102 | 102 | | 3. The identity of the decedent is unknown and further 65 |
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103 | 103 | | investigation or identification is required. 66 |
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104 | 104 | | (b) If the decedent's primary or attending practitioner or 67 |
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105 | 105 | | the district medical examiner of the county in which the death 68 |
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106 | 106 | | occurred or the body was found indicates that he or she will 69 |
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107 | 107 | | sign and complete the medical certification of cause of death 70 |
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108 | 108 | | but will not be available until after the 5 -day registration 71 |
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109 | 109 | | deadline, the local registrar may grant an extension of 5 days. 72 |
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110 | 110 | | If a further extension is required, the funeral director must 73 |
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111 | 111 | | provide written justification to the registrar. 74 |
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112 | 112 | | (5) A permanent certificate of death or fetal death, 75 |
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120 | 120 | | Page 4 of 4 |
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121 | 121 | | 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 |
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125 | 125 | | containing the cause of death and any other information that was 76 |
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126 | 126 | | previously unavailable, shall be registered as a replacement for 77 |
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127 | 127 | | the temporary certificate. The perma nent certificate may also 78 |
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128 | 128 | | include corrected information if the items being corrected are 79 |
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129 | 129 | | noted on the back of the certificate and dated and signed by the 80 |
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130 | 130 | | funeral director, physician, physician assistant, advanced 81 |
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131 | 131 | | practice registered nurse registered under s. 464.0123, an 82 |
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132 | 132 | | advanced practice registered nurse providing hospice care 83 |
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133 | 133 | | pursuant to a written protocol with a licensed physician , or 84 |
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134 | 134 | | district medical examiner of the county in which the death 85 |
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135 | 135 | | occurred or the body was found, as appropriate. 86 |
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136 | 136 | | Section 2. This act shall take effect July 1, 2025. 87 |
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