Amended in Senate April 21, 2014

Amended in Senate March 27, 2014

Senate Bill No. 1357

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: begin delete state-wide end delete begin insert statewide end insert 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 begin insert , end insert 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 begin delete State Department of Public Health end delete begin insert California Health and Human Services Agency end insert to establish and operate a begin delete state wide end delete begin insert statewide end insert registry system, to be known as the California POLST Registry, for the purpose of collecting POLST forms received from begin delete individuals electing to end delete begin insert health care providers, who would be required to end insert submit the forms begin delete and disseminating end delete begin insert 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 end insert the information in the forms to authorized users, including health care providers. The bill would require the begin delete department end delete begin insert agency end insert 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 begin delete would authorize the department to charge an appropriate fee to registrants using the registry and end delete would provide immunity for people who begin delete submit information to, and end delete use information in begin delete , end delete 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:

begin insert

(1) “Agency” means the California Health and Human Services
Agency.

end insert begin delete

(1)

end delete

begin insert (2) end insert  “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.

begin delete

(2) “Department” means the State Department of Public Health.

end delete begin insert

(3) “Health care provider” has the meaning provided in Section
4621.

end insert begin delete

(3)

end delete

begin insert (4) end insert  “POLST form” means a Physician Orders for Life Sustaining
Treatment form that fulfills the requirements of Section 4780.

begin delete

(4) “Registrant” means an individual who elects to submit a
POLST form to the registry.

end delete

(5) “Registry” means the California POLST Registry established
by the begin delete department end delete begin insert agency end insert pursuant to this section.

(b) The begin delete department end delete begin insert agency end insert 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 begin delete registrant end delete begin insert health care provider end insert and disseminating the
information in the form to an authorized user. begin insert The registry may
be operated and maintained by a contractor of the agency. end insert The
begin delete department end delete begin insert agency end insert shall adopt all rules begin delete and regulations end delete 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 begin insert and which shall
include a method for electronic delivery of this information and
the use of legally sufficient electronic signatures end insert .

(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 begin insert , end insert and to appropriately
protect the confidentiality of begin insert , end insert 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).

begin delete

(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.

end delete begin insert

(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.

end insert

(e)  begin delete A registrant reporting information to the registry or an end delete begin insert An end insert
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.