Florida Statute 395.40 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

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F.S. 395.40

395.40 Legislative findings and intent.—

(1) The Legislature finds that there has been a lack of timely access to trauma care due to the state’s fragmented trauma system. This finding is based on the 1999 Trauma System Report on Timely Access to Trauma Care submitted by the department in response to the request of the Legislature.

(2) The Legislature finds that it is necessary to plan for and to establish an inclusive trauma system to meet the needs of trauma victims. An “inclusive trauma system” means a system designed to meet the needs of all injured trauma victims who require care in an acute-care setting and into which every health care provider or facility with resources to care for the injured trauma victim is incorporated. The Legislature deems the benefits of trauma care provided within an inclusive trauma system to be of vital significance to the outcome of a trauma victim.

(3) It is the intent of the Legislature to place primary responsibility for the planning and establishment of a statewide inclusive trauma system with the department. The department shall undertake the implementation of a statewide inclusive trauma system as funding is available.

(4) The Legislature finds that significant benefits are to be obtained by directing the coordination of activities by several state agencies, relative to access to trauma care and the provision of trauma care to all trauma victims. It is the intent of the Legislature that the department, the Agency for Health Care Administration, the Board of Medicine, and the Board of Nursing establish interagency teams and agreements for the development of guidelines, standards, and rules for those portions of the inclusive state trauma system within the statutory authority of each agency. This coordinated approach will provide the necessary continuum of care for the trauma victim from injury to final hospital discharge. The department has the leadership responsibility for this activity.

(5) In addition, the agencies listed in subsection (4) should undertake to:

(a) Establish a coordinated methodology for monitoring, evaluating, and enforcing the requirements of the state’s inclusive trauma system which recognizes the interests of each agency.

(b) Develop appropriate roles for trauma agencies, to assist in furthering the operation of trauma systems at the regional level. This should include issues of system evaluation as well as managed care.

(c) Develop and submit appropriate requests for waivers of federal requirements which will facilitate the delivery of trauma care.

(d) Develop criteria that will become the future basis for consultation between acute care hospitals and trauma centers on the care of trauma victims and the mandatory transfer of appropriate trauma victims to trauma centers.

(e) Develop a coordinated approach to the care of the trauma victim. This shall include the movement of the trauma victim through the system of care and the identification of medical responsibility for each phase of care for out-of-hospital and in-hospital trauma care.

(f) Require the medical director of an emergency medical services provider to have medical accountability for a trauma victim during interfacility transfer.

(6) Furthermore, the Legislature encourages the department to actively foster the provision of trauma care and serve as a catalyst for improvements in the process and outcome of the provision of trauma care in an inclusive trauma system. Among other considerations, the department is required to:

(a) Promote the development of at least one trauma center in every trauma service area.

(b) Promote the development of a trauma agency for each trauma region.

History.—s. 193, ch. 99-397; s. 2, ch. 2004-259; s. 90, ch. 2020-2.

F.S. 395.40 on Google Scholar

F.S. 395.40 on Casetext

Amendments to 395.40

Arrestable Offenses / Crimes under Fla. Stat. 395.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.40.

Annotations, Discussions, Cases:

Cases Citing Statute 395.40

Total Results: 7

JFK Medical Center Limited etc. v. Shands Jacksonville Medical Center etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-12T23:53:00-08:00

Snippet: trauma system was delegated to the Department. § 395.40(3), Fla. Stat. To ensure an integrated trauma system

State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-01T00:00:00-08:00

Citation: 236 So. 3d 466

Snippet: victims who require care in an acute-care setting.” § 395.40(2), Fla. Stat. (2016). To that end, the Legislature…state’s trauma system plan at least annually. § 395.40(3)-(6), Fla. Stat.; see also § 395.402(3), Fla.

The Public Health Trust of Miami-Dade etc. v. Department of Health and Kendall etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-06T00:00:00-08:00

Citation: 230 So. 3d 992

Snippet: statewide inclusive trauma system to the Department. § 395.40(3), Fla. Stat. (2015). As part of this legislative

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Fla. | Date Filed: 2015-06-11T00:00:00-07:00

Citation: 167 So. 3d 395, 40 Fla. L. Weekly Supp. 322, 2015 Fla. LEXIS 1278, 2015 WL 3617816

Snippet: Canady, Polston, Perry 11 June 2015 167 So. 3d 395, 40 Fla. L. Weekly Supp. 322, 2015 Fla. LEXIS 1278,

Virgil Lee Harris v. State of Florida

Court: Fla. | Date Filed: 2015-04-02T00:00:00-07:00

Citation: 161 So. 3d 395, 40 Fla. L. Weekly Supp. 186, 2015 Fla. LEXIS 626

Snippet: Canady, Polston, Perry 2 April 2015 161 So. 3d 395, 40 Fla. L. Weekly Supp. 186, 2015 Fla. LEXIS 626

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-12T00:00:00-07:00

Citation: 123 So. 3d 86, 2013 WL 4859092

Snippet: trauma centers. They cite section 395.40(2), which states: *93§ 395.40(2), Fla. Stat. (emphasis added).… is no need. Moreover, this language in section 395.40 does not nullify the extensive language in section

Department of Health v. Bayfront Medical Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-30T00:00:00-08:00

Citation: 134 So. 3d 1017, 2012 Fla. App. LEXIS 20567, 2012 WL 5971201

Snippet: Support for the Rule and the Agency’s Action Section 395.40, Florida Statutes, expresses specific legislative…Department to implement a statewide trauma system: 395.40 Legislative findings and intent (1) The Legislature