Florida Statutes

Fla. Stat. § 400.142 (2025)

Emergency medication kits; orders not to resuscitate.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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400.142 Emergency medication kits; orders not to resuscitate.
(1) Other provisions of this chapter or of chapter 465, chapter 499, or chapter 893 to the contrary notwithstanding, each nursing home operating pursuant to a license issued by the agency may maintain an emergency medication kit for the purpose of storing medicinal drugs to be administered under emergency conditions to residents residing in such facility.
(2) The agency shall adopt such rules as it may deem appropriate to the effective implementation of this act, including, but not limited to, rules which:
(a) Define the term “emergency medication kit.”
(b) Describe the medicinal drugs eligible to be placed in emergency medication kits.
(c) Establish requirements for the storing of medicinal drugs in emergency medication kits and the maintenance of records with respect thereto.
(d) Establish requirements for the administration of medicinal drugs to residents under emergency conditions from emergency medication kits.
(3) Facility staff may withhold or withdraw cardiopulmonary resuscitation if presented with an order not to resuscitate executed pursuant to s. 401.45. Facility staff and facilities are not subject to criminal prosecution or civil liability, or considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation pursuant to such order. The absence of an order not to resuscitate executed pursuant to s. 401.45 does not preclude a physician from withholding or withdrawing cardiopulmonary resuscitation as otherwise permitted by law.
History.ss. 40, 83, ch. 83-181; s. 30, ch. 93-177; ss. 32, 49, ch. 93-217; s. 3, ch. 99-331; s. 2, ch. 2000-295; s. 7, ch. 2012-160.
Note.Former s. 400.3221.

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 400 matters in the context of nursing home negligence and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.