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Florida Statute 400.142 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
F.S. 400.142
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.

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Amendments to 400.142


Arrestable Offenses / Crimes under Fla. Stat. 400.142
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 400.142.



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