The following has special meaning:
green underline denotes added text
red struck out text denotes deleted text
Powered by State Net
2013 CA S 1357
Author: Wolk
Version: Amended
Version Date: 05/06/2014

AMENDED IN SENATE March 27, 2014

AMENDED IN SENATE April 21, 2014

AMENDED IN SENATE May 06, 2014

CALIFORNIA LEGISLATURE--2013-2014 REGULAR SESSION

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: 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 Agency, on or before January 1, 2016, 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 Required: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Immediate Effect NO Urgency: NO Tax Levy: NO Election: NO Usual Current Expenses: NO Budget Bill: NO Prop 25 Trailer Bill: 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:

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

(2) "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.

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

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

(5) "Registry" means the California POLST Registry established by the agency pursuant to this section.

(b) The On or before January 1, 2016, the agency 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 health care provider and disseminating the information in the form to an authorized user. The registry may be operated and maintained by a contractor of the agency. The agency shall adopt all rules 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 and which shall include a method for electronic delivery of this information and the use of legally sufficient electronic signatures.

(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, and to appropriately protect the confidentiality of, POLST forms submitted to the registry.

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

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

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

(d) A health care provider who completes a POLST with a patient or his or her legally recognized health care decisionmaker shall include the POLST form in the patient's official medical record and submit a copy of the POLST to the registry unless the patient or the decisionmaker chooses not to participate in the registry.

(e) An 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.


Copyright © 2019 State Net