THE BILL ITSELF
CS/HB 355
Health Care Patient Protection
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An act relating to health care patient protection;
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amending s. 395.1012, F.S.; requiring hospital
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emergency departments to develop and implement
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policies and procedures, conduct training, record
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weights in a certain manner, designate a pediatric
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emergency care coordinator, and conduct specified
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assessments; authorizing a hospital with an emergency
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department to conduct the National Pediatric Readiness
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Project's Open Assessment under certain conditions;
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amending s. 395.1055, F.S.; requiring the agency to
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adopt certain rules for comprehensive emergency
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management plans, and, in consultation with the
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Florida Emergency Medical Services for Children State
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Partnership Program, establish minimum standards for
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pediatric patient care in hospital emergency
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departments; amending s. 408.05, F.S.; requiring the
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agency to collect and publish the results of specified
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assessments submitted by hospitals by specified dates;
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providing requirements for the collection and
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publication of such assessment scores; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (6) and (7) are added to section
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395.1012, Florida Statutes, to read:
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395.1012 Patient safety.—
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(6)(a) Each hospital with an emergency department must:
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1. Develop and implement policies and procedures for
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pediatric patient care in the emergency department which reflect
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evidence-based best practices relating to, at a minimum:
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a. Triage.
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b. Measuring and recording vital signs.
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c. Weighing and recording weights in kilograms.
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d. Calculating medication dosages.
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e. Use of pediatric instruments.
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2. Conduct training at least annually on the policies and
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procedures developed under this subsection. The training must
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include, at a minimum:
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a. The use of pediatric instruments, as applicable to each
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licensure type, using clinical simulation as defined in s.
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464.003.
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b. Drills that simulate emergency situations. Each
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emergency department must conduct drills at least annually.
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(b) Each hospital emergency department must:
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1. Designate a pediatric emergency care coordinator. The
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pediatric emergency care coordinator must be a physician or a
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physician assistant licensed under chapter 458 or chapter 459, a
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nurse licensed under chapter 464, or a paramedic licensed under
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chapter 401. The pediatric emergency care coordinator is
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responsible for implementation of and ensuring fidelity to the
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policies and procedures adopted under this subsection.
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2. Conduct the National Pediatric Readiness Assessment
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developed by the National Pediatric Readiness Project, in
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accordance with timelines established by the National Pediatric
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Readiness Project.
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(7) Each hospital with an emergency department may conduct
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the National Pediatric Readiness Project's Open Assessment
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during a year in which the National Pediatric Readiness
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Assessment is not conducted.
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Section 2. Subsections (4) through (19) of section
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395.1055, Florida Statutes, are renumbered as subsections (5)
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through (20), respectively, paragraph (c) of subsection (1) is
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amended, and a new subsection (4) is added to that section to
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read:
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395.1055 Rules and enforcement.—
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(1) The agency shall adopt rules pursuant to ss.
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120.536(1) and 120.54 to implement the provisions of this part,
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which shall include reasonable and fair minimum standards for
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ensuring that:
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(c) A comprehensive emergency management plan is prepared
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and updated annually. Such standards must be included in the
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rules adopted by the agency after consulting with the Division
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of Emergency Management. At a minimum, the rules must provide
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for plan components that address emergency evacuation
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transportation; adequate sheltering arrangements; postdisaster
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activities, including emergency power, food, and water;
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postdisaster transportation; supplies; staffing; emergency
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equipment; individual identification of residents and transfer
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of records, and responding to family inquiries, and the needs of
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pediatric and neonatal patients. The comprehensive emergency
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management plan is subject to review and approval by the local
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emergency management agency. During its review, the local
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emergency management agency shall ensure that the following
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agencies, at a minimum, are given the opportunity to review the
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plan: the Department of Elderly Affairs, the Department of
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Health, the Agency for Health Care Administration, and the
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Division of Emergency Management. Also, appropriate volunteer
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organizations must be given the opportunity to review the plan.
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The local emergency management agency shall complete its review
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within 60 days and either approve the plan or advise the
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facility of necessary revisions.
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(4) The agency, in consultation with the Florida Emergency
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Medical Services for Children State Partnership Program, shall
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adopt rules that establish minimum standards for pediatric
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patient care in hospital emergency departments, including, but
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not limited to, availability and immediate access to pediatric
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specific equipment and supplies.
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Section 3. Paragraph (n) is added to subsection (3) of
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section 408.05, Florida Statutes, to read:
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408.05 Florida Center for Health Information and
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Transparency.—
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(3) HEALTH INFORMATION TRANSPARENCY.—In order to
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disseminate and facilitate the availability of comparable and
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uniform health information, the agency shall perform the
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following functions:
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(n)1. Collect the overall assessment score of National
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Pediatric Readiness Assessments conducted by hospital emergency
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departments pursuant to s. 395.1012(6), from the Florida
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Emergency Medical Services for Children State Partnership
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Program by December 31, 2026, and by each December 31 during a
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year in which the National Pediatric Readiness Assessment is
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conducted thereafter.
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2. By April 1, 2027, and each April 1 following a year in
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which the National Pediatric Readiness Assessment is conducted
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thereafter, publish the overall assessment score for each
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hospital emergency department, and provide a comparison to the
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national average score when it becomes available.
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3. Collect and publish no more than one overall assessment
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score per hospital, per year, of assessments conducted pursuant
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to s. 395.1012(7), and provide a comparison to the hospital
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emergency department's most recently published score pursuant to
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subparagraph 2.
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Section 4. This act shall take effect July 1, 2026.