Amended in Senate May 6, 2014

Amended in Senate April 21, 2014

Amended in Senate March 27, 2014

Senate BillNo. 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: 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 California Health and Human Services Agencybegin insert, on or before January 1, 2016,end insert to establish and operate a statewide registry system, to be known as the California POLST Registry, for the purpose of collecting POLST forms received from health care providers, who would be required to submit the forms 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 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 provide immunity for people who 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:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2California POLST Registry Act.

3

SEC. 2.  

Section 4788 is added to the Probate Code, to read:

4

4788.  

(a) For purposes of this section:

5(1) “Agency” means the California Health and Human Services
6Agency.

7(2) “Authorized user” means a person authorized by the
8department to submit information to, or to receive information
9from, the POLST registry, including health care providers.

10(3) “Health care provider” has the meaning provided in Section
114621.

12(4) “POLST form” means a Physician Orders for Life Sustaining
13Treatment form that fulfills the requirements of Section 4780.

14(5) “Registry” means the California POLST Registry established
15by the agency pursuant to this section.

16(b) begin deleteThe end deletebegin insertOn or before January 1, 2016, the end insertagency shall establish
17and operate a statewide registry system, to be known as the
18California POLST Registry, for the purpose of collecting a POLST
19form received from a health care provider and disseminating the
20information in the form to an authorized user. The registry may
21be operated and maintained by a contractor of the agency. The
P3    1agency shall adopt all rules necessary for the operation of the
2registry, which shall include, but not be limited to, the following:

3(1) The means by which a POLST form may be submitted to
4the registry, may be revised, and may be revoked and which shall
5include a method for electronic delivery of this information and
6the use of legally sufficient electronic signatures.

7(2) Appropriate and timely methods by which the information
8in the registry may be disseminated to an authorized user.

9(3) Procedures for verifying the identity of an authorized user.

10(4) Procedures to ensure the accuracy of, and to appropriately
11protect the confidentiality of, POLST forms submitted to the
12registry.

begin insert

13(5) The requirement that a patient or his or her legally
14recognized health care decisionmaker receive a confirmation or
15a receipt that the patient’s POLST has been received by the
16registry.

end insert
begin insert

17(6) The ability of a patient or his or her legally recognized
18decisionmaker to review the information in the patient’s POLST
19form after it has been entered into the registry and confirm that it
20is accurate prior to the information being available to authorized
21users.

end insert
begin insert

22(7) The ability of a patient or his or her legally recognized health
23care decisionmaker to amend or withdraw a POLST form from
24the registry.

end insert

25(c) The registry and the information it contains shall be the
26property of the state and any disclosure of information in POLST
27forms received by the registry shall be made in a manner consistent
28with the federal Health Insurance Portability and Accountability
29Act of 1996 (Public Law 104-191).

30(d) A health care provider who completes a POLST with a
31patient or his or her legally recognized health care decisionmaker
32shallbegin insert include the POLST form in the patient’s official medical
33record andend insert
submit a copy of the POLST to the registry unless the
34patient or the decisionmaker chooses not to participate in the
35registry.

36(e) An authorized user acting upon information obtained from
37the registry is not subject to criminal prosecution, civil liability,
38discipline for unprofessional conduct, administrative sanction, or
39any other sanction if the person acted in good faith and had no
40knowledge that the action or decision would be inconsistent with
P4    1a health care decision that the individual signing the request would
2have made on his or her own behalf under like circumstances.



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