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Jamaal Jones is one of Legacy Magazine’s 40 Under 40 Black Leaders of Today and Tomorrow

Jamaal Jones has been selected as one of  Legacy Magazine’s 40 Under 40 Black Leaders of Today and Tomorrow for 2021. Mr. Jones is extremely honored to have been included in this list alongside other talented and accomplished professionals. He is the only Health Law attorney selected for inclusion in this year’s 40 under 40 list. Mr. Jones’ image is in the first column of the second row.

Here is a direct link to the Digital Copy of the Legacy Miami insert, which was included in August 22, 2021 edition of the Miami Herald and Sun Sentinel.

Jones Health Law Podcast: Episode 8 – Mental Health Discussion with Psychiatrist, Dr. Aminata Cisse

In this episode we are discussing Psychiatry with Aminata Cisse, M.D.! Dr. Cisse is a board-certified psychiatrist, specializing in mental health disorders. Her blog “Am Taar Wellness” offers an integrated approach of holistic healing and traditional psychiatric care, specifically tailored to the needs of women of the African Diaspora.  During our discussion, Dr. Cisse discussed a range of topics including: (1) the distinction between a Psychiatrist and Psychologist; (2) challenges of being a black psychiatrist and for those seeking treatment; (3) a typical day in the office and finding balance; (4) the media’s impact on our perception of psychiatry; (5) myths about psychiatry and pros/cons of being a psychiatrist; (5) the impact of social media on our mental health; (6) COVID-19 vaccine’s impact on our short-term and long-term mental health; and (7) is telepsychiatry less effective than in-person consultations, and more.

We touch on a wide range of topics in this podcast that I know you don’t want to miss. Don’t forget to listen and share with anyone that you think would be interested in listening as well.

Dr. Aminata Cisse can be reached at:

Instagram: @dr.amicisse

Email: amtaarwellness@gmail.com

Web: www.AmTaarWellness.com

What are Advance Directives and how they work in Florida?

It’s not unusual for you or a family member to find oneself in a medical emergency where certain critical decisions pertaining to one’s health have to be made expediently. Often times people who are in emergency situations are incapacitated, whether due to legal incapacity (i.e. age), mental health or physical limitations, and are unable to make decisions for themselves. What ensues is a battle between loved ones about who has legal right to make certain decisions about your health. Out of nowhere comes an estranged spouse or distant relative who wants to make decisions that other family members feel they shouldn’t be making but are legally entitled to make. To avoid these scenarios, we encourage our clients to prepare advance directives. Florida Advance Directives are a combination of forms that are used in the event that an individual is physically or mentally incapable of giving consent. Individuals may complete an advance directive, which may include information about his or her living will, health care surrogates, and health care proxies. Each advance directive addresses medical and legal conditions that provide appropriate planned care to the individual.

 

Completing an Advance Directive

The following is a non-exhaustive list of the general principles of advance directives:

  • The individual completing a directive form must be a competent adult.
  • An advance directive completed in another state is applicable in Florida as long as it complies with the law of the state in which it was executed or with Florida law.
  • A competent adult may make an advance directive instructing their physician as to their wishes regarding their medical care, which may include instructions to provide, withhold, or withdraw life prolonging procedures.
  • A principal may empower a surrogate or health care proxy to make health care decisions for them on their advance directive.
  • The principal may amend or revoke an advance directive or the decisions of the health care surrogate or proxy at any time as long as the principal is competent.

 

Sections of Advance Directives in Florida

 

Living Will

Any competent adult may create a living will in respect to the principal’s desires regarding medical treatment should the principal become incompetent or incapacitated. The will must be signed by the principal in the presence of two witnesses. The witnesses cannot be the spouse or a blood relative of the principal. If the principal is physically unable to sign the will, a witness may subscribe the principal’s signature in the principal’s presence and direction as per Fla. Stat. §765.302. A living will may also be an oral statement made by the principal however the statute does not offer further guidance on how an oral living will is created.

 

Health Care Surrogate

Apart from living wills, an advance directive may consist of a health care surrogate. Florida allows a principal to appoint a person, such as a health care surrogate, to act as their healthcare decision maker. A healthcare surrogate must be a competent adult who has been designated by the principal, who must also be a competent adult, to make health care decisions on behalf of the principal. Unless the advance directive states a termination, the designations of the health care surrogate remain in effect unless revoked by the principal.

 

Health Care Proxy

A Health Care Proxy is a competent adult who has not been expressly designated by the principal to make health care decisions for them but is statutorily authorized in the event of the principal’s incapacity. In no particular order of priority, this is a non-exhaustive list of individuals who may act as a health care proxy for the principal:

  • The principals spouse
  • A judicially appointed guardian authorized to consent to medical treatment
  • An adult child
  • An adult sibling
  • A close personal friend of the principal
  • A license clinical social worker

 

End of Life Decisions Made through Living Will, Surrogate or Proxy

Florida law allows life-prolonging procedures to be withheld or withdrawn under the terms of a living will. As per Fla. Stat. §765.101(12), Florida defines life-prolonging procedures to include any medical procedure, treatment, or intervention, which sustains or supplants a spontaneous vital function. To determine whether life-prolonging procedures have to be withdrawn or withheld by a living will, surrogate, or proxy, the principal must be found to suffer from a terminal condition, end stage condition, or a persistent vegetative state. As per Fla. Stat. §765.304(1), the principal’s primary physician may proceed in life-prolonging procedures if the principal has not designated a surrogate to execute their wishes concerning life-prolonging procedures.

 

Do Not Resuscitate Order (DOH Form 1896)

There is a form drafted by the Florida Department of Health that is completed by a person’s physician to indicate that the person does not want to be resuscitated in case of a respiratory or cardiac arrest. In order for the form to be effective it must be printed on yellow paper. This form does not need to be witnessed and it does not require formalities. The principal or their health care surrogate/proxy and their physician must sign the form. Health care facilities and emergency responders will honor the DNRO form.

It should be clear why creating advance directives are essential and should become part of your estate planning. You do not want someone making decisions about your health care if you would prefer someone else to make those decisions on your behalf. Typically, if you select a certain individual to make decisions for you its because they are familiar with your wishes and would be willing to carry them out regardless of their own personal beliefs and emotional state. If you would like to learn more about advance directives, please feel free to contact one of our attorneys.

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It should be noted that I am not your lawyer (unless you have presently retained my services through a retainer agreement). This post is not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Please consult your own attorney for legal advice. If you do not have one and would like to retain my legal services, please contact me using the contact information listed above.

 All information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. Please contact me to be sure that the law which will govern your business is current. Thank you.

Physician Assistants Scope of Practice Expansion in Florida

By: Arlette Rodriguez

Just as is the case with Advanced Practice Registered Nurses, the Florida Legislature has recognized that Physician Assistants (PA) are capable of performing certain health care activities that they were previously prohibited from performing. The changes are largely administrative and does not significantly increase the independent clinical services that they may provide to a patient. On June 29, 2021, the governor approved House Bill 431, which expands the scope of practice for Physician Assistants. The provisions set forth in the House Bill 431 took effect on July 1, 2021.

The following is a non-exhaustive list of some of the changes that PA can expect under the new law:

 

  • Prescribe psychiatric mental health-controlled substances to minors (under certain circumstances);
  • Supervise medical assistants;
  • Sign and certify documents that previously required a physician’s signature, such as Baker Act commitments, do-not-resuscitate orders, school physicals, and death certificates;
  • Bill directly to the insurance companies and receive payments for their provided services, and;
  • Authorize doctors to supervise up to ten physician assistants; (previously it was limited to four).

 

Notably, the law does not permit PA to sign for medical marijuana certification, workers compensation medical examinations required to determine maximum medical improvement, and impairment ratings. Florida PA are bound by the requirements contained in Florida Statute §§458.347 and 459.022.

One of the more noteworthy changes to the law is that it deletes the requirement that a physician assistant must inform his or her patients that they have the right to see a physician before the physician assistant prescribes or dispenses a prescription (amendment to Fla. Stat. §458.347(4)(e)(1)) and Fla. Admin. Code R. 64B8-30.012.  Also, physician assistants are now authorized to procure drugs and medical devices and revising the requirements for a certain formulary (amendment to Fla. Stat. §458.347(4)(f)(1) and Fla. Admin. Code R. 64B8-30.008).

 

Certificate of Completion of a Board Physician Assistant

Under the House Bill 431, a physician assistant applicant who has graduated after December 31, 2020 must have received a master’s degree in accordance with the Accreditation Review Commission on Education for the Physician Assistant. For an applicant who graduated on or before December 31, 2020, one must have received a bachelor’s or master’s degree from an approved program.

An applicant who graduated before July 1, 1994, must have graduated from an approved program of instruction in primary health care or surgery. An applicant who graduated before July 1, 1983, must have received a certification as a PA from the board.

Finally, the bill further authorizes the board to grant a license to an applicant who does not meet the above specified educational requirements, but who has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants before 1986.

The formulary changes in House Bill 431 will provide Physician Assistants the tools they need to reach a broader patient platform and by allowing doctors to supervise more physician assistants at a time, this will encourage hospitals and health care facilities to hire more physician assistants. House Bill 431 will bring many changes to physician assistants and we hope that you may benefit from these changes.

 

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It should be noted that I am not your lawyer (unless you have presently retained my services through a retainer agreement). This post is not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Please consult your own attorney for legal advice. If you do not have one and would like to retain my legal services, please contact me using the contact information listed above.

 

All information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. Please contact me to be sure that the law which will govern your business is current. Thank you.

Jones Health Law Podcast: Episode 7 – Seeing Things Clearly with Ophthalmologist, Dr. Sergio Morello, Jr., M.D.

In this episode we are discussing Ophthalmology with Sergio Morello, Jr., M.D.! Dr. Morello has been practicing Ophthalmology for over 30 years in both his native Brazil as well as the United States. Dr. Morello recently partnered with a colleague to open South Florida Eye Health with locations in Sunrise and Aventura, Florida. During our discussion, Dr. Morello discussed a range of topics including: (1) Growing up in Brazil with a family of physicians and then moving to the United States to practice Medicine; (2) distinctions between Ophthalmologists and Optometrists; (3) a typical day in the office and the types of surgeries that he performs, such as Lasik and PRK; (4) frequency with which we should see an Ophthalmologist, how to monitor one’s eye health, and how lifestyle choices can affect your vision; (5) common eye diseases and how diabetes can lead to vision loss; (5) the evolution and technological advancements in ophthalmology; (6) COVID-19 vaccine’s impact on our vision; (7) balancing work and his personal life, and more.

We touch on a wide range of topics in this podcast that I know you don’t want to miss. Don’t forget to listen and share with anyone that you think would be interested in listening as well.

Dr. Sergio Morello can be reached at:

Phone: 954-859-2020

Web: www.SouthFloridaEyeHealth.com

Address: 7800 W Oakland Park Blvd, Building B, Unit 205, Sunrise, FL 33351

Arlette Rodriguez is our 2021 Summer Intern

Arlette Rodriguez is a rising 2L at Barry University’s Dwayne O. Andreas School of Law. Arlette is Cuban-American and is fluent in Spanish.

She will be joining Jones Health Law as our 2021 Summer Intern. Internships at Jones Health Law are designed to give our interns the tools that they will need to successfully practice law once he or she graduates from law school.

Here are a few things that you should know about Arlette:

Where Are you from?

Arlette was born in Cuba and moved to Miami, Florida where she has lives since she was about one year old.

Why did you decide that you wanted to become a lawyer?

Arlette has wanted to be an attorney since she was a child. She attributes this desire to become an attorney to her resilience and determination stemming from the type of childhood she had growing up.

What interests you about Health Law?

Health Law interests Arlette because it’s gives her the opportunity to work in a diverse field of study. Arlette has a professional background in healthcare where she worked behind a desk and submitted claims to health insurance companies. Now she would like to provide legal assistance to clients to resolve their insurance claims and work with health care practitioners in drafting their contracts and other legal support for their practices.

What are you hoping to gain from being an intern at Jones Health Law?

Arlette is hoping for a challenging, healthy, and productive internship experience from Jones Health Law.

 

Welcome to the JHL Team Arlette! We are happy to have you aboard.

Jamaal Jones is voted the “Most Valuable Member” by the Health Law Section of the Florida Bar

Jamaal R. Jones, Esq. received the inaugural “Most Valuable Member” award by the Health Law Section of the Florida Bar for 2020-21.

Mr. Jones also received recognition for serving as the Health Law Section’s Editor-in-Chief for 2020-21.

It’s a huge honor to be recognized by one’s peers and Mr. Jones thanks all of those who voted to bestow him with this award.

 

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