An order was issued disposing of the Petition for Declaratory Statement filed by North Collier Fire Control and Rescue District on January 22, 2018. The following is a summary of the agency's disposition of the petition: the Notice of Declaratory ...

 

DEPARTMENT OF HEALTH

Division of Emergency Preparedness and Community Support

The Division of Emergency Preparedness and Community Support hereby gives notice:

An order was issued disposing of the Petition for Declaratory Statement filed by North Collier Fire Control and Rescue District on January 22, 2018. The following is a summary of the agency's disposition of the petition: the Notice of Declaratory Statement was published on February 27, 2018, in Vol. 44, No. 40, of the Florida Administrative Register. Petitioner sought the Division’s interpretation of subparagraph 381.004(2)(h)10. and subsection 401.445(2), F.S. Petitioner sought a determination specifically as to subparagraph 381.004(2)(h)10., Florida Statutes, concerning possible HIV infection; 1) what is meant by the language “the occurrence of a significant exposure shall be documented by medical personnel under the supervision of a licensed physician” and how and by whom must that supervision be accomplished; 2) the timeframe under which medical personnel must be tested for HIV, or must provide the results of an HIV test taken within six months before significant exposure if such test results are negative; and 3) whether Petitioner can also test for Hepatitis at the same time it tests for HIV after a significant exposure. Additionally, regarding treatment of incapacitated patients and the applicability of subsection 401.445(2), Florida Statutes, the Petitioner seeks an opinion regarding whether patients who exhibit signs or have a reasonable appearance of mental illness or incapacity are “otherwise incapable of providing informed consent” such that Petitioner may examine, treat, take to the hospital or administer other appropriate treatment without consent to such patients, including but not limited to administration of a preliminary HIV test or a Hepatitis test.

The Division’s Order, filed April 23, 2018, dismissed the petition without an opinion on the merits.

A copy of the Order or additional information may be obtained by contacting: Agency Clerk, Florida Department of Health, (by mail) 4052 Bald Cypress Way, Bin A-02, Tallahassee, FL 32399-1703; (by hand delivery) 2585 Merchants Row Blvd., Prather Building, Suite 110, Tallahassee, FL; [phone]; [e-mail].