Senate Bill 2228c2

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                    CS for CS for SB 2228

    By the Committees on Judiciary; Health, Aging and Long-Term
    Care; and Senator Klein




    308-2065-99

  1                      A bill to be entitled

  2         An act relating to end-of-life care; providing

  3         legislative findings; authorizing the Secretary

  4         of Health to develop and implement

  5         demonstration projects; requiring reports;

  6         requesting the Chancellor of the State

  7         University System to convene a working group;

  8         amending ss. 395.1041, 400.142, 400.4255,

  9         400.487, 400.6095, 400.621, F.S.; authorizing

10         personnel of hospital emergency services,

11         long-term care facilities, assisted living

12         facilities, home health agencies, hospices, and

13         adult family-care homes to withhold or withdraw

14         cardiopulmonary resuscitation pursuant to an

15         order not to resuscitate; providing for rules;

16         providing certain protection from prosecution

17         and liability; amending s. 401.45, F.S.;

18         revising authority of emergency medical

19         technicians and paramedics to withhold or

20         withdraw resuscitation or life-prolonging

21         techniques; directing the Department of Health

22         to develop a standardized do-not-resuscitate

23         identification system; authorizing a fee;

24         providing for rules; amending ss. 455.604,

25         458.319, 459.008, F.S.; providing that courses

26         on end-of-life care will fulfill certain

27         education requirements; amending s. 732.912,

28         F.S.; revising provisions relating to who may

29         make anatomical gifts; amending ss. 732.914,

30         732.917, F.S.; correcting cross-references;

31         amending s. 732.922, F.S.; conforming

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         provisions relating to duty of certain hospital

  2         administrators; amending s. 765.101, F.S.;

  3         revising definitions; defining the terms

  4         "persistent vegetative state" and "end-stage

  5         condition"; amending s. 765.102, F.S.; revising

  6         legislative intent relating to advance

  7         directives; amending s. 765.103, F.S.;

  8         providing for effect of existing advance

  9         directives; amending s. 765.104, F.S.;

10         providing for amendment of an advance directive

11         or designation of a surrogate; amending s.

12         765.107, F.S.; providing nonapplicability to

13         certain persons; amending s. 765.110, F.S.;

14         prohibiting certain actions by a health care

15         facility or provider with respect to a

16         patient's advance directive; increasing a

17         penalty; requiring that advance directives

18         become part of patients' medical records;

19         providing for rules; amending s. 765.204, F.S.;

20         revising provisions relating to evaluation of a

21         patient's capacity to make health care

22         decisions; amending s. 765.205, F.S.; revising

23         responsibilities of the surrogate; amending s.

24         765.301, F.S.; correcting a cross-reference;

25         amending s. 765.302, F.S.; revising procedure

26         for making a living will; amending s. 765.303,

27         F.S.; revising suggested form of a living will;

28         amending s. 765.304, F.S.; revising procedure

29         for implementing a living will; amending s.

30         765.305, F.S.; revising procedure in the

31         absence of a living will; amending s. 765.306,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         F.S.; revising provisions relating to

  2         determination of the patient's condition;

  3         renumbering and amending s. 765.308, F.S.;

  4         providing for transfer of a patient under

  5         certain circumstances; renumbering and amending

  6         s. 765.310, F.S.; providing penalties for

  7         falsification, forgery, or willful concealment,

  8         cancellation, or destruction of an advance

  9         directive, or a revocation or amendment

10         thereof; amending s. 765.401, F.S.; revising

11         provisions relating to decisions by a proxy;

12         creating s. 765.404, F.S.; providing conditions

13         for withholding or withdrawing life-prolonging

14         procedures for certain persons in a persistent

15         vegetative state; directing the Department of

16         Elderly Affairs to convene a workgroup to

17         develop model advance directive forms;

18         repealing s. 3(6) of ch. 98-327, Laws of

19         Florida, relating to repeal of the Panel for

20         the Study of End-of-Life Care; continuing the

21         panel until a specified date; providing an

22         appropriation; providing effective dates.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  End-of-life care.--

27         (1)(a)  The Legislature finds that Florida, as the

28  fourth most populous state, is highly diverse with regard to

29  race, ethnicity, urban and rural locales, religious practices,

30  and cultural traditions. Florida has the largest percentage of

31  elderly residents, the third largest incidence of AIDS, and

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  the fourth highest death rates from heart disease and chronic

  2  obstructive pulmonary disease in the nation.

  3         (b)  The Legislature finds that the Panel for the Study

  4  of End-of-Life Care has recommended policies that will assure

  5  the citizens of this state the highest quality of

  6  compassionate, competent, and adequate end-of-life care.

  7         (c)  The Legislature finds that all persons should have

  8  access to effective pain management and palliative care; that

  9  adequate management of pain and other distressing symptoms at

10  the end-of-life should be available; and that all settings

11  that care for seriously ill patients should address the

12  emotional and spiritual needs of such patients. The

13  Legislature finds that education of physicians and other

14  health care providers is necessary to assure that patients in

15  pain are assessed regularly and that their pain is treated

16  aggressively without fear of undue regulatory or legal action.

17         (d)  The Legislature finds that an individual's

18  experience of death and dying, and preferences about

19  end-of-life care, are rooted in ethnic and cultural values and

20  beliefs. The Legislature finds that social, health, and

21  education practitioners must be trained to understand work

22  within different cultural parameters.

23         (e)  The Legislature finds that to provide better pain

24  management, health care providers are to be encouraged to add

25  the assessment of pain as a "fifth vital sign." Further, the

26  Legislature intends that in accordance with standard and

27  accepted medical and ethical principles, the use of

28  pharmacological substances with the intent of alleviating or

29  eliminating pain and other discomfort is encouraged. Such use

30  should not be regarded as legally blameworthy, even if

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  appropriate pain control occurs during, and so precedes the

  2  outcome of, the dying process.

  3         (f)  The Legislature finds that the State Supreme Court

  4  has declared that, based on the constitutional right to

  5  privacy, competent adults can express their wishes to receive,

  6  refuse, withhold, or withdraw any medical treatment and that

  7  right continues even when a person becomes incapacitated.

  8         (2)  The Secretary of Health is authorized to develop

  9  and implement up to two demonstration projects to evaluate

10  strategies recommended by the Panel for the Study of

11  End-of-Life Care. The Department of Health is authorized to

12  accept for that purpose any special grant of money, services,

13  property, gifts, or donations from any organization, medical

14  school, or Federal Government agency, and to apply for grants

15  to support the demonstration projects. The secretary shall

16  report to the President of the Senate, the Speaker of the

17  House of Representatives, and the majority and minority

18  leaders and relevant substantive committees of both chambers,

19  on the demonstration projects, no later than January 30 of

20  each year.

21         (3)  The Chancellor of the State University System is

22  requested to convene a working group composed of one

23  representative from each of the Boards of Medicine,

24  Osteopathic Medicine, Nursing, Pharmacy, Nursing Home

25  Administrators, and Social Work, and the chairs of the four

26  medical schools' curriculum committees, to review available

27  curricula for end-of-life care and make recommendations

28  through the respective boards for content and materials to be

29  incorporated into the basic curriculum of each medical school,

30  school of social work, and allied health discipline.

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         Section 2.  Paragraph (l) is added to subsection (3) of

  2  section 395.1041, Florida Statutes, 1998 Supplement, to read:

  3         395.1041  Access to emergency services and care.--

  4         (3)  EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF

  5  FACILITY OR HEALTH CARE PERSONNEL.--

  6         (l)  Hospital emergency services personnel may withhold

  7  or withdraw cardiopulmonary resuscitation if presented with an

  8  order not to resuscitate executed pursuant to s. 401.45.

  9  Facility staff and facilities shall not be subject to criminal

10  prosecution or civil liability, nor be considered to have

11  engaged in negligent or unprofessional conduct, for

12  withholding or withdrawing cardiopulmonary resuscitation

13  pursuant to such an order.

14         Section 3.  Section 400.142, Florida Statutes, is

15  amended to read:

16         400.142  Emergency medication kits; orders not to

17  resuscitate.--

18         (1)  Other provisions of this chapter or of chapter

19  465, chapter 499, or chapter 893 to the contrary

20  notwithstanding, each nursing home operating pursuant to a

21  license issued by the agency may maintain an emergency

22  medication kit for the purpose of storing medicinal drugs to

23  be administered under emergency conditions to residents

24  residing in such facility.

25         (2)  The agency shall adopt such rules as it may deem

26  appropriate to the effective implementation of this act,

27  including, but not limited to, rules which:

28         (a)  Define the term "emergency medication kit."

29         (b)  Describe the medicinal drugs eligible to be placed

30  in emergency medication kits.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (c)  Establish requirements for the storing of

  2  medicinal drugs in emergency medication kits and the

  3  maintenance of records with respect thereto.

  4         (d)  Establish requirements for the administration of

  5  medicinal drugs to residents under emergency conditions from

  6  emergency medication kits.

  7         (3)  Facility staff may withhold or withdraw

  8  cardiopulmonary resuscitation if presented with an order not

  9  to resuscitate executed pursuant to s. 401.45. The agency

10  shall adopt rules providing for the implementation of such

11  orders. Facility staff and facilities shall not be subject to

12  criminal prosecution or civil liability, nor be considered to

13  have engaged in negligent or unprofessional conduct, for

14  withholding or withdrawing cardiopulmonary resuscitation

15  pursuant to such an order and rules adopted by the agency.

16         Section 4.  Section 400.4255, Florida Statutes, is

17  amended to read:

18         400.4255  Use of licensed personnel; emergency care.--

19         (1)(a)  Persons under contract to the facility,

20  facility staff, or volunteers, who are licensed according to

21  chapter 464, or those persons exempt under s. 464.022(1), and

22  others as defined by rule, may administer medications to

23  residents, take residents' vital signs, manage individual

24  weekly pill organizers for residents who self-administer

25  medication, give prepackaged enemas ordered by a physician,

26  observe residents, document observations on the appropriate

27  resident's record, report observations to the resident's

28  physician, and contract or allow residents or a resident's

29  representative, designee, surrogate, guardian, or attorney in

30  fact to contract with a third party, provided residents meet

31  the criteria for appropriate placement as defined in s.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  400.426.  Nursing assistants certified pursuant to s. 400.211

  2  may take residents' vital signs as directed by a licensed

  3  nurse or physician.

  4         (b)  All staff in facilities licensed under this part

  5  shall exercise their professional responsibility to observe

  6  residents, to document observations on the appropriate

  7  resident's record, and to report the observations to the

  8  resident's physician.  However, the owner or administrator of

  9  the facility shall be responsible for determining that the

10  resident receiving services is appropriate for residence in

11  the facility.

12         (c)  In an emergency situation, licensed personnel may

13  carry out their professional duties pursuant to chapter 464

14  until emergency medical personnel assume responsibility for

15  care.

16         (2)  In facilities licensed to provide extended

17  congregate care, persons under contract to the facility,

18  facility staff, or volunteers, who are licensed according to

19  chapter 464, or those persons exempt under s. 464.022(1), or

20  those persons certified as nursing assistants pursuant to s.

21  400.211, may also perform all duties within the scope of their

22  license or certification, as approved by the facility

23  administrator and pursuant to this part.

24         (3)  Facility staff may withhold or withdraw

25  cardiopulmonary resuscitation if presented with an order not

26  to resuscitate executed pursuant to s. 401.45. The department

27  shall adopt rules providing for the implementation of such

28  orders. Facility staff and facilities shall not be subject to

29  criminal prosecution or civil liability, nor be considered to

30  have engaged in negligent or unprofessional conduct, for

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  withholding or withdrawing cardiopulmonary resuscitation

  2  pursuant to such an order and rules adopted by the department.

  3         Section 5.  Section 400.487, Florida Statutes, is

  4  amended to read:

  5         400.487  Patient assessment; establishment and review

  6  of plan of care; provision of services; orders not to

  7  resuscitate.--

  8         (1)  The home health agency providing care and

  9  treatment must make an assessment of the patient's needs

10  within 48 hours after the start of services.

11         (2)  The attending physician for a patient receiving

12  care or treatment provided by a licensed nurse or by a

13  physical, occupational, or speech therapist must establish a

14  plan of care for the patient on behalf of the home health

15  agency that provides services to the patient.  The original

16  plan of treatment must be signed by the physician and

17  reviewed, at least every 62 days or more frequently if the

18  patient's illness requires, by the physician in consultation

19  with home health agency personnel that provide services to the

20  patient.

21         (3)  Each patient has the right to be informed of and

22  to participate in the planning of his or her care.  Each

23  patient must be provided, upon request, a copy of the plan of

24  care established and maintained for that patient by the home

25  health agency.

26         (4)  Home health services that are provided to a

27  patient must be evaluated in the patient's home by a physician

28  licensed under chapter 458, chapter 459, chapter 460, or

29  chapter 461 or by a registered nurse licensed under chapter

30  464 as frequently as necessary to assure safe and adequate

31  care, but not less frequently than once every 62 days.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (5)  A home health agency must provide at least one

  2  home health service to patients for whom it has agreed to

  3  provide care.  Services provided by others under contractual

  4  arrangements to a home health agency's patients must be

  5  monitored and controlled by the home health agency.

  6         (6)  The services provided by a home health agency,

  7  directly or under contract, must be supervised and coordinated

  8  in accordance with the plan of care.

  9         (7)  Home health agency personnel may withhold or

10  withdraw cardiopulmonary resuscitation if presented with an

11  order not to resuscitate executed pursuant to s. 401.45. The

12  agency shall adopt rules providing for the implementation of

13  such orders. Home health personnel and agencies shall not be

14  subject to criminal prosecution or civil liability, nor be

15  considered to have engaged in negligent or unprofessional

16  conduct, for withholding or withdrawing cardiopulmonary

17  resuscitation pursuant to such an order and rules adopted by

18  the agency.

19         Section 6.  Present subsection (8) of section 400.6095,

20  Florida Statutes, is renumbered as subsection (9), and a new

21  subsection (8) is added to that section, to read:

22         400.6095  Patient admission; assessment; plan of care;

23  discharge; death.--

24         (8)  The hospice care team may withhold or withdraw

25  cardiopulmonary resuscitation if presented with an order not

26  to resuscitate executed pursuant to s. 401.45. The department

27  shall adopt rules providing for the implementation of such

28  orders. Hospice staff shall not be subject to criminal

29  prosecution or civil liability, nor be considered to have

30  engaged in negligent or unprofessional conduct, for

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  withholding or withdrawing cardiopulmonary resuscitation

  2  pursuant to such an order and rules adopted by the department.

  3         Section 7.  Present subsection (3) of section 400.621,

  4  Florida Statutes, 1998 Supplement, is renumbered as subsection

  5  (4), and a new subsection (3) is added to that section, to

  6  read:

  7         400.621  Rules and standards relating to adult

  8  family-care homes.--

  9         (3)  The department shall adopt rules providing for the

10  implementation of orders not to resuscitate. The provider may

11  withhold or withdraw cardiopulmonary resuscitation if

12  presented with an order not to resuscitate executed pursuant

13  to s. 401.45. The provider shall not be subject to criminal

14  prosecution or civil liability, nor be considered to have

15  engaged in negligent or unprofessional conduct, for

16  withholding or withdrawing cardiopulmonary resuscitation

17  pursuant to such an order and rules adopted by the department.

18         Section 8.  Subsection (3) of section 401.45, Florida

19  Statutes, is amended and subsection (5) is added to that

20  section, to read:

21         401.45  Denial of emergency treatment; civil

22  liability.--

23         (3)(a)  Resuscitation or life-prolonging techniques may

24  be withheld or withdrawn from a patient by an emergency

25  medical technician or paramedic if evidence of an order not to

26  resuscitate by the patient's physician is presented to the

27  emergency medical technician or paramedic in a manner provided

28  by rule of the department.

29         (b)  Any licensee, physician, medical director, or

30  emergency medical technician or paramedic who acts under the

31  direction of a medical director is not subject to criminal

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  prosecution or civil liability, and has not engaged in

  2  negligent or unprofessional conduct, as a result of the

  3  withholding or withdrawal of resuscitation or life-prolonging

  4  techniques from a patient pursuant to this subsection and

  5  rules adopted by the department.

  6         (c)  The department, in consultation with the

  7  Department of Elderly Affairs and the Agency for Health Care

  8  Administration, shall develop a standardized

  9  do-not-resuscitate identification system with devices that

10  signify, when carried or worn, that the possessor is a patient

11  for whom a physician has issued an order not to administer

12  cardiopulmonary resuscitation. The department may charge a

13  reasonable fee to cover the cost of producing and distributing

14  such identification devices. Use of such devices shall be

15  voluntary.

16         (5)  The department shall adopt and enforce all rules

17  necessary to implement this section.

18         Section 9.  Subsection (9) is added to section 455.604,

19  Florida Statutes, 1998 Supplement, to read:

20         455.604  Requirement for instruction for certain

21  licensees on human immunodeficiency virus and acquired immune

22  deficiency syndrome.--

23         (9)  In lieu of completing a course as required in

24  subsection (1), the licensee may complete a course in

25  end-of-life care and palliative health care, so long as the

26  licensee completed an approved AIDS/HIV course in the

27  immediately preceding biennium.

28         Section 10.  Subsection (4) is added to section

29  458.319, Florida Statutes, 1998 Supplement, to read:

30         458.319  Renewal of license.--

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (4)  Notwithstanding the provisions of s. 455.604, a

  2  physician may complete continuing education on end-of-life

  3  care and palliative health care in lieu of continuing

  4  education in AIDS/HIV, if that physician has completed the

  5  AIDS/HIV continuing education in the immediately preceding

  6  biennium.

  7         Section 11.  Subsection (5) is added to section

  8  459.008, Florida Statutes, 1998 Supplement, to read:

  9         459.008  Renewal of licenses and certificates.--

10         (5)  Notwithstanding the provisions of s. 455.604, an

11  osteopathic physician may complete continuing education on

12  end-of-life and palliative health care in lieu of continuing

13  education in AIDS/HIV, if that physician has completed the

14  AIDS/HIV continuing education in the immediately preceding

15  biennium.

16         Section 12.  Section 732.912, Florida Statutes, 1998

17  Supplement, is amended to read:

18         732.912  Persons who may make an anatomical gift.--

19         (1)  Any person who may make a will may give all or

20  part of his or her body for any purpose specified in s.

21  732.910, the gift to take effect upon death.  An anatomical

22  gift made by an adult donor and not revoked by the donor as

23  provided in s. 732.916 is irrevocable and does not require the

24  consent or concurrence of any person after the donor's death.

25         (2)  If the decedent has not executed an agreement

26  concerning an anatomical gift, including signing an organ and

27  tissue donor card, expressing his or her wish to donate in a

28  living will or advance directive, or signifying his or her

29  intent to donate on his or her driver's license or in some

30  other written form has indicated his or her wish to make an

31  anatomical gift, a member of one of the classes of persons

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  listed below, in the order of priority stated and in the

  2  absence of actual notice of contrary indications by the

  3  decedent or actual notice of opposition by a member of the

  4  same or a prior class, the surrogate designated by the

  5  decedent pursuant to part II of chapter 765 may give all or

  6  any part of the decedent's body for any purpose specified in

  7  s. 732.910.:

  8         (3)  If the decedent has not executed an agreement

  9  concerning an anatomical gift or designated a surrogate

10  pursuant to part II of chapter 765 to make an anatomical gift

11  pursuant to the conditions of subsection (2), a member of one

12  of the classes of persons listed below, in the order of

13  priority stated and in the absence of actual notice of

14  contrary indications by the decedent or actual notice of

15  opposition by a member of the same or a prior class, may give

16  all or any part of the decedent's body for any purpose

17  specified in s. 732.910:

18         (a)  The spouse of the decedent;

19         (b)  An adult son or daughter of the decedent;

20         (c)  Either parent of the decedent;

21         (d)  An adult brother or sister of the decedent;

22         (e)  A grandparent of the decedent;

23         (f)  A guardian of the person of the decedent at the

24  time of his or her death; or

25         (g)  A representative ad litem who shall be appointed

26  by a court of competent jurisdiction forthwith upon a petition

27  heard ex parte filed by any person, which representative ad

28  litem shall ascertain that no person of higher priority exists

29  who objects to the gift of all or any part of the decedent's

30  body and that no evidence exists of the decedent's having made

31

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  a communication expressing a desire that his or her body or

  2  body parts not be donated upon death;

  3

  4  but no gift shall be made by the spouse if any adult son or

  5  daughter objects, and provided that those of higher priority,

  6  if they are reasonably available, have been contacted and made

  7  aware of the proposed gift, and further provided that a

  8  reasonable search is made to show that there would have been

  9  no objection on religious grounds by the decedent.

10         (4)(3)  If the donee has actual notice of contrary

11  indications by the decedent or, in the case of a spouse making

12  the gift, an objection of an adult son or daughter or actual

13  notice that a gift by a member of a class is opposed by a

14  member of the same or a prior class, the donee shall not

15  accept the gift.

16         (5)(4)  The person authorized by subsection (3) (2) may

17  make the gift after the decedent's death or immediately before

18  the decedent's death.

19         (6)(5)  A gift of all or part of a body authorizes any

20  examination necessary to assure medical acceptability of the

21  gift for the purposes intended.

22         (7)(6)  Once the gift has been made, the rights of the

23  donee are paramount to the rights of others, except as

24  provided by s. 732.917.

25         Section 13.  Subsection (5) of section 732.914, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         732.914  Manner of executing anatomical gifts.--

28         (5)  Any gift by a member of a class designated in s.

29  732.912(3)(2) must be made by a document signed by that person

30  or made by that person's witnessed telephonic discussion,

31  telegraphic message, or other recorded message.

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         Section 14.  Subsection (3) of section 732.917, Florida

  2  Statutes, is amended to read:

  3         732.917  Rights and duties at death.--

  4         (3)  The organ procurement organization, tissue bank,

  5  or eye bank, or hospital medical professionals under the

  6  direction thereof, may perform any and all tests to evaluate

  7  the deceased as a potential donor and any invasive procedures

  8  on the deceased body in order to preserve the potential

  9  donor's organs.  These procedures do not include the surgical

10  removal of an organ or penetrating any body cavity,

11  specifically for the purpose of donation, until a properly

12  executed donor card or document is located or, if a properly

13  executed donor card or document cannot be located, a person

14  specified in s. 732.912(3)(2) has been located, has been

15  notified of the death, and has granted legal permission for

16  the donation.

17         Section 15.  Subsection (2) of section 732.922, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         732.922  Duty of certain hospital administrators;

20  liability of hospital administrators, organ procurement

21  organizations, eye banks, and tissue banks.--

22         (2)  Where, based on accepted medical standards, a

23  hospital patient is a suitable candidate for organ or tissue

24  donation, the hospital administrator or the hospital

25  administrator's designee shall, at or near the time of death,

26  access the organ and tissue donor registry created by s.

27  732.915(4) to ascertain the existence of a donor card or

28  document executed by the decedent.  In the absence of a donor

29  card, organ donation sticker or organ donation imprint on a

30  driver's license, or other properly executed document, the

31  hospital administrator or designee shall request:

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (a)  The patient's health care surrogate, as permitted

  2  in s. 732.912(2); or

  3         (b)  If the patient does not have a surrogate, or the

  4  surrogate is not reasonably available, any of the persons

  5  specified in s. 732.912(3), in the order and manner of

  6  priority stated in s. 732.912(3),

  7

  8  to consent to the gift of all or any part of the decedent's

  9  body for any purpose specified in this part. Except as

10  provided in s. 732.912, in the absence of actual notice of

11  opposition, consent need only be obtained from the person or

12  persons in the highest priority class reasonably available.

13         Section 16.  Section 765.101, Florida Statutes, is

14  amended to read:

15         765.101  Definitions.--As used in this chapter:

16         (1)  "Advance directive" means a witnessed written

17  document or oral statement in which instructions are given by

18  a principal or in which the principal's desires are expressed

19  concerning any aspect of the principal's health care, and

20  includes, but is not limited to, the designation of a health

21  care surrogate, a living will, or an anatomical gift made

22  pursuant to part X of chapter 732 orders not to resuscitate

23  issued pursuant to s. 401.45.

24         (2)  "Attending physician" means the primary physician

25  who has responsibility for the treatment and care of the

26  patient.

27         (3)  "Close personal friend" means any person 18 years

28  of age or older who has exhibited special care and concern for

29  the patient, and who presents an affidavit to the health care

30  facility or to the attending or treating physician stating

31  that he or she is a friend of the patient; is willing and able

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  to become involved in the patient's health care; and has

  2  maintained such regular contact with the patient so as to be

  3  familiar with the patient's activities, health, and religious

  4  or moral beliefs.

  5         (4)  "End-stage condition" means a condition that is

  6  caused by injury, disease, or illness which has resulted in

  7  severe and permanent deterioration, indicated by incapacity

  8  and complete physical dependency, and for which, to a

  9  reasonable degree of medical certainty, treatment of the

10  irreversible condition would be medically ineffective.

11         (5)(4)  "Health care decision" means:

12         (a)  Informed consent, refusal of consent, or

13  withdrawal of consent to any and all health care, including

14  life-prolonging procedures.

15         (b)  The decision to apply for private, public,

16  government, or veterans' benefits to defray the cost of health

17  care.

18         (c)  The right of access to all records of the

19  principal reasonably necessary for a health care surrogate to

20  make decisions involving health care and to apply for

21  benefits.

22         (d)  The decision to make an anatomical gift pursuant

23  to part X of chapter 732.

24         (6)(5)  "Health care facility" means a hospital,

25  nursing home, hospice, home health agency, or health

26  maintenance organization licensed in this state, or any

27  facility subject to part I of chapter 394.

28         (7)(6)  "Health care provider" or "provider" means any

29  person licensed, certified, or otherwise authorized by law to

30  administer health care in the ordinary course of business or

31  practice of a profession.

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (8)(7)  "Incapacity" or "incompetent" means the patient

  2  is physically or mentally unable to communicate a willful and

  3  knowing health care decision. For the purposes of making an

  4  anatomical gift, the term also includes a patient who is

  5  deceased.

  6         (9)(8)  "Informed consent" means consent voluntarily

  7  given by a person after a sufficient explanation and

  8  disclosure of the subject matter involved to enable that

  9  person to have a general understanding of the treatment or

10  procedure and the medically acceptable alternatives, including

11  the substantial risks and hazards inherent in the proposed

12  treatment or alternative procedures, and to make a knowing

13  health care decision without coercion or undue influence.

14         (10)(9)  "Life-prolonging procedure" means any medical

15  procedure, treatment, or intervention, including artificially

16  provided sustenance and hydration, which sustains, restores,

17  or supplants a spontaneous vital function. which:

18         (a)  Utilizes mechanical or other artificial means to

19  sustain, restore, or supplant a spontaneous vital function;

20  and

21         (b)  When applied to a patient in a terminal condition,

22  serves only to prolong the process of dying.

23

24  The term "life-prolonging procedure" does not include the

25  administration of medication or performance of medical

26  procedure, when such medication or procedure is deemed

27  necessary to provide comfort care or to alleviate pain.

28         (11)(10)  "Living will" or "declaration" means:

29         (a)  A witnessed document in writing, voluntarily

30  executed by the principal in accordance with s. 765.302; or

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (b)  A witnessed oral statement made by the principal

  2  expressing the principal's instructions concerning

  3  life-prolonging procedures.

  4         (12)  "Persistent vegetative state" means a permanent

  5  and irreversible condition of unconsciousness in which there

  6  is:

  7         (a)  The absence of voluntary action or cognitive

  8  behavior of any kind.

  9         (b)  An inability to communicate or interact

10  purposefully with the environment.

11         (13)(11)  "Physician" means a person licensed pursuant

12  to chapter 458 or chapter 459.

13         (14)(12)  "Principal" means a competent adult executing

14  an advance directive and on whose behalf health care decisions

15  are to be made.

16         (15)(13)  "Proxy" means a competent adult who has not

17  been expressly designated to make health care decisions for a

18  particular incapacitated individual, but who, nevertheless, is

19  authorized pursuant to s. 765.401 to make health care

20  decisions for such individual.

21         (16)(14)  "Surrogate" means any competent adult

22  expressly designated by a principal to make health care

23  decisions on behalf of the principal upon the principal's

24  incapacity.

25         (17)(15)  "Terminal condition" means:

26         (a)  a condition caused by injury, disease, or illness

27  from which there is no reasonable medical probability of

28  recovery and which, without treatment, can be expected to

29  cause death.; or

30

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (b)  A persistent vegetative state characterized by a

  2  permanent and irreversible condition of unconsciousness in

  3  which there is:

  4         1.  The absence of voluntary action or cognitive

  5  behavior of any kind; and

  6         2.  An inability to communicate or interact

  7  purposefully with the environment.

  8         (16)  "Treating physician" means the physician who has

  9  treated or is treating the patient for any condition directly

10  related to the condition resulting in the patient's

11  incapacity.

12         Section 17.  Subsection (3) of section 765.102, Florida

13  Statutes, is amended to read:

14         765.102  Legislative findings and intent.--

15         (3)  The Legislature recognizes further finds that for

16  some the administration of life-prolonging medical procedures

17  may result in the artificial prolongation of life for a person

18  with a terminal condition may secure for him or her only a

19  precarious and burdensome existence, while providing nothing

20  medically necessary or beneficial to the patient. In order to

21  ensure that the rights and intentions of a person with such a

22  condition may be respected even after he or she is no longer

23  able to participate actively in decisions concerning himself

24  or herself, and to encourage communication among such patient,

25  his or her family, and his or her physician, the Legislature

26  declares that the laws of this state recognize the right of a

27  competent adult to make an advance directive instructing his

28  or her physician to provide, withhold, or withdraw

29  life-prolonging procedures, or to designate another to make

30  the treatment decision for him or her in the event that such

31  person should become incapacitated and unable to personally

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  direct his or her medical care be found to be incompetent and

  2  suffering from a terminal condition.

  3         Section 18.  Section 765.103, Florida Statutes, is

  4  amended to read:

  5         765.103  Existing advance directives.--Any advance

  6  directive made prior to October 1, 1999, April 10, 1992, shall

  7  be given effect as executed, as provided in this chapter

  8  provided such directive was legally effective when written.

  9         Section 19.  Section 765.104, Florida Statutes, is

10  amended to read:

11         765.104  Amendment or revocation.--

12         (1)  An advance directive or designation of a surrogate

13  may be amended or revoked at any time by a competent

14  principal:

15         (a)  By means of a signed, dated writing;

16         (b)  By means of the physical cancellation or

17  destruction of the advance directive by the principal or by

18  another in the principal's presence and at the principal's

19  direction;

20         (c)  By means of an oral expression of intent to amend

21  or revoke; or

22         (d)  By means of a subsequently executed advance

23  directive that is materially different from a previously

24  executed advance directive.

25         (2)  Unless otherwise provided in the advance directive

26  or in an order of dissolution or annulment of marriage, the

27  dissolution or annulment of marriage of the principal revokes

28  the designation of the principal's former spouse as a

29  surrogate.

30         (3)  Any such amendment or revocation will be effective

31  when it is communicated to the surrogate, health care

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  provider, or health care facility.  No civil or criminal

  2  liability shall be imposed upon any person for a failure to

  3  act upon an amendment or a revocation unless that person has

  4  actual knowledge of such amendment or revocation.

  5         Section 20.  Section 765.107, Florida Statutes, is

  6  amended to read:

  7         765.107  Construction.--

  8         (1)  This chapter shall not be construed to repeal by

  9  implication any provision of s. 766.103, the Florida Medical

10  Consent Law.  For all purposes, the Florida Medical Consent

11  Law shall be considered an alternative to provisions of this

12  section.

13         (2)  Procedures provided in this chapter permitting the

14  withholding or withdrawal of life-prolonging procedures do not

15  apply to a person who never had capacity to designate a health

16  care surrogate or execute a living will.

17         Section 21.  Section 765.110, Florida Statutes, is

18  amended to read:

19         765.110  Health care facilities and providers;

20  discipline.--

21         (1)  A health care facility, pursuant to Pub. L. No.

22  101-508, ss. 4206 and 4751, shall provide to each patient

23  written information concerning the individual's rights

24  concerning advance directives and the health care facility's

25  policies respecting the implementation of such rights, and

26  shall document in the patient's medical records whether or not

27  the individual has executed an advance directive.

28         (2)  A health care provider or health care facility may

29  not require a patient to execute an advance directive or to

30  execute a new advance directive using the facility's or

31  provider's forms. The patient's advance directives shall

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  travel with the patient as part of the patient's medical

  2  record.

  3         (3)(2)  A health care provider or health care facility

  4  shall be subject to professional discipline and revocation of

  5  license or certification, and a fine of not more than $1,000

  6  $500 per incident, or both, if the health care provider or

  7  health care facility, as a condition of treatment or

  8  admission, requires an individual to execute or waive an

  9  advance directive.

10         (4)(3)  The Department of Elderly Affairs for hospices

11  and, in consultation with the Department of Elderly Affairs,

12  the Department of Health for health care providers, and

13  Rehabilitative Services and the Agency for Health Care

14  Administration for hospitals, nursing homes, home health

15  agencies, and health maintenance organizations, and the

16  Department of Children and Family Services for facilities

17  subject to part I of chapter 394 shall adopt rules to

18  implement the provisions of the section.

19         Section 22.  Subsection (2) of section 765.204, Florida

20  Statutes, is amended to read:

21         765.204  Capacity of principal; procedure.--

22         (2)  If a principal's capacity to make health care

23  decisions for herself or himself or provide informed consent

24  is in question, the attending physician shall evaluate the

25  principal's capacity. If the attending physician concludes

26  that the principal lacks such capacity, another physician

27  shall also evaluate the principal's capacity. If the second

28  physician agrees that the principal lacks the capacity to make

29  health care decisions or provide informed consent, the health

30  care facility shall enter both physician's evaluations in the

31  principal's clinical record and, if the principal has

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  designated a health care surrogate, shall notify such

  2  surrogate in writing that her or his authority under the

  3  instrument has commenced.

  4         Section 23.  Subsection (2) of section 765.205, Florida

  5  Statutes, is amended to read:

  6         765.205  Responsibility of the surrogate.--

  7         (2)  The surrogate may authorize the release of

  8  information and clinical records to appropriate persons to

  9  ensure the continuity of the principal's health care and may

10  authorize the transfer and admission, discharge, or transfer

11  of the principal to or from a health care facility or other

12  facility or program licensed under chapter 400.

13         Section 24.  Section 765.301, Florida Statutes, is

14  amended to read:

15         765.301  Short title.--Sections 765.302-765.309

16  765.302-765.310 may be cited as the "Life-Prolonging Procedure

17  Act of Florida."

18         Section 25.  Subsection (1) of section 765.302, Florida

19  Statutes, is amended to read:

20         765.302  Procedure for making a living will; notice to

21  physician.--

22         (1)  Any competent adult may, at any time, make a

23  living will or written declaration and direct directing the

24  providing, withholding, or withdrawal of life-prolonging

25  procedures in the event that such person has a terminal

26  condition, has an end-stage condition, or is in a persistent

27  vegetative state suffers from a terminal condition. A living

28  will must be signed by the principal in the presence of two

29  subscribing witnesses, one of whom is neither a spouse nor a

30  blood relative of the principal. If the principal is

31  physically unable to sign the living will, one of the

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  witnesses must subscribe the principal's signature in the

  2  principal's presence and at the principal's direction.

  3         Section 26.  Subsection (1) of section 765.303, Florida

  4  Statutes, is amended to read:

  5         765.303  Suggested form of a living will.--

  6         (1)  A living will may, BUT NEED NOT, be in the

  7  following form:

  8                           Living Will

  9         Declaration made this .... day of ...., 19 .... I,

10  ........, willfully and voluntarily make known my desire that

11  my dying not be artificially prolonged under the circumstances

12  set forth below, and I do hereby declare that,: if at any time

13  I am both mentally and physically incapacitated

14         ....(initial).... and I have a terminal condition

15         or ....(initial).... and I have an end-state condition

16         or ....(initial).... and I am in a persistent

17  vegetative state

18

19  and if my attending or treating physician and another

20  consulting physician have determined that there is no

21  reasonable medical probability of my recovery from such

22  condition, I direct that life-prolonging procedures be

23  withheld or withdrawn when the application of such procedures

24  would serve only to prolong artificially the process of dying,

25  and that I be permitted to die naturally with only the

26  administration of medication or the performance of any medical

27  procedure deemed necessary to provide me with comfort care or

28  to alleviate pain.

29         It is my intention that this declaration be honored by

30  my family and physician as the final expression of my legal

31

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  right to refuse medical or surgical treatment and to accept

  2  the consequences for such refusal.

  3         In the event that I have been determined to be unable

  4  to provide express and informed consent regarding the

  5  withholding, withdrawal, or continuation of life-prolonging

  6  procedures, I wish to designate, as my surrogate to carry out

  7  the provisions of this declaration:

  8

  9  Name:.........................................................

10  Address:......................................................

11  .................................................. Zip Code:..

12  Phone:................

13         I understand the full import of this declaration, and I

14  am emotionally and mentally competent to make this

15  declaration.

16  Additional Instructions (optional):

17  ..............................................................

18  ..............................................................

19  ..............................................................

20                         ....(Signed)....

21                         ....Witness....

22                         ....Address....

23                          ....Phone....

24                         ....Witness....

25                         ....Address....

26                          ....Phone....

27

28         Section 27.  Subsection (2) of section 765.304, Florida

29  Statutes, is amended to read:

30         765.304  Procedure for living will.--

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (2)  Before proceeding in accordance with the

  2  principal's living will, it must be determined that:

  3         (a)  The principal does not have a reasonable medical

  4  probability of recovering capacity competency so that the

  5  right could be exercised directly by the principal.

  6         (b)  The principal has a terminal condition, has an

  7  end-stage condition, or is in a persistent vegetative state.

  8  The principal's physical condition is terminal.

  9         (c)  Any limitations or conditions expressed orally or

10  in a written declaration have been carefully considered and

11  satisfied.

12         Section 28.  Section 765.305, Florida Statutes, is

13  amended to read:

14         765.305  Procedure in absence of a living will.--

15         (1)  In the absence of a living will executed pursuant

16  to s. 765.303, the decision to withhold or withdraw

17  life-prolonging procedures from a patient may be made by a

18  health care surrogate designated by the patient pursuant to

19  part II unless the designation limits the surrogate's

20  authority to consent to the withholding or withdrawal of

21  life-prolonging procedures.

22         (2)  Before exercising the incompetent patient's right

23  to forego treatment, the surrogate must be satisfied that:

24         (a)  The patient does not have a reasonable medical

25  probability of recovering capacity competency so that the

26  right could be exercised by the patient.

27         (b)  The patient is both mentally and physically

28  incapacitated with no reasonable medical probability of

29  recovery, the patient has an end-stage condition, the patient

30  is in a persistent vegetative state, or the patient's physical

31  condition is terminal.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         Section 29.  Section 765.306, Florida Statutes, is

  2  amended to read:

  3         765.306  Determination of patient condition.--In

  4  determining whether the patient has a terminal condition, has

  5  an end-stage condition, or is in a persistent vegetative state

  6  or may recover mental and physical capacity, or whether a

  7  medical condition or limitation referred to in an advance

  8  directive exists, the patient's attending or treating

  9  physician and at least one other consulting physician must

10  separately examine the patient.  The findings of each such

11  examination must be documented in the patient's medical record

12  and signed by each examining physician before life-prolonging

13  procedures may be withheld or withdrawn.

14         Section 30.  Section 765.308, Florida Statutes, is

15  renumbered as section 765.1105, Florida Statutes, and amended

16  to read:

17         765.1105 765.308  Transfer of a patient.--

18         (1)  A health care provider or facility that refuses to

19  comply with a patient's advance directive the declaration of a

20  patient, or the treatment decision of his or her surrogate,

21  shall make reasonable efforts to transfer the patient to

22  another health care provider or facility that will comply with

23  the directive declaration or treatment decision. This chapter

24  does not require a health care provider or facility to commit

25  any act which is contrary to the provider's or facility's

26  moral or ethical beliefs concerning life-prolonging

27  procedures, if the patient:

28         (a)  Is not in an emergency condition;, and

29         (b)  Has received written information upon admission

30  informing the patient of the policies of the health care

31  provider or facility regarding such moral or ethical beliefs.

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1         (2)  A health care provider or facility that is

  2  unwilling to carry out the wishes of the patient or the

  3  treatment decision of his or her surrogate because of moral or

  4  ethical beliefs must within 7 days either:

  5         (a)  Transfer the patient to another health care

  6  provider or facility. The health care provider or facility

  7  shall pay the costs for transporting the patient to another

  8  health care provider or facility; or

  9         (b)  If the patient has not been transferred, carry out

10  the wishes of the patient or the patient's surrogate, unless

11  the provisions of s. 765.105 apply.

12         Section 31.  Section 765.310, Florida Statutes, is

13  renumbered as section 765.1115, Florida Statutes, and amended

14  to read:

15         765.1115 765.310  Falsification, forgery, or willful

16  concealment, cancellation, or destruction of directive

17  declaration or revocation or amendment; penalties.--

18         (1)  Any person who willfully conceals, cancels,

19  defaces, obliterates, or damages an advance directive a living

20  will without the principal's consent or who falsifies or

21  forges the revocation or amendment of an advance directive a

22  revocation of a living will of another, and who thereby causes

23  life-prolonging procedures to be utilized in contravention of

24  the previously expressed intent of the principal, commits a

25  felony of the third degree, punishable as provided in s.

26  775.082, s. 775.083, or s. 775.084.

27         (2)  Any person who falsifies or forges the advance

28  directive living will of another or who willfully conceals or

29  withholds personal knowledge of the revocation of an advance

30  directive a declaration, with the intent to cause a

31  withholding or withdrawal of life-prolonging procedures

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  contrary to the wishes of the principal, and who thereby

  2  because of such act directly causes life-prolonging procedures

  3  to be withheld or withdrawn and death to be hastened, commits

  4  a felony of the second degree, punishable as provided in s.

  5  775.082, s. 775.083, or s. 775.084.

  6         Section 32.  Subsection (3) of section 765.401, Florida

  7  Statutes, is amended to read:

  8         765.401  The proxy.--

  9         (3)  Before exercising the incapacitated patient's

10  rights to select or decline health care, the proxy must comply

11  with the pertinent provisions applicable to surrogates under

12  this chapter, except that a proxy's decision to withhold or

13  withdraw life-prolonging procedures must either:

14         (a)  Be supported by a written declaration; or

15         (b)  If there is no written declaration, the patient

16  must have a terminal condition, have an end-stage condition,

17  or be in a persistent vegetative state, and the proxy's

18  decision must be supported by clear and convincing evidence

19  that the decision would have been the one the patient would

20  have chosen had the patient been competent.

21         Section 33.  Section 765.404, Florida Statutes, is

22  created to read:

23         765.404  Persistent vegetative state.--For persons in a

24  persistent vegetative state, as determined by the attending

25  physician in accordance with currently accepted medical

26  standards, who have no advance directive and for whom there is

27  no evidence indicating what the person would have wanted under

28  such conditions, and for whom, after a reasonably diligent

29  inquiry, no family or friends are available or willing to

30  serve as a proxy to make health care decisions for them,

31

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  life-prolonging procedures may be withheld or withdrawn under

  2  the following conditions:

  3         (1)  The person has a judicially appointed guardian

  4  representing his or her best interest with authority to

  5  consent to medical treatment; and

  6         (2)  The guardian and the person's attending physician,

  7  in consultation with the medical ethics committee of the

  8  facility where the patient is located, conclude that the

  9  condition is permanent and that there is no reasonable medical

10  probability for recovery. If there is no medical ethics

11  committee at the facility, the facility must have an

12  arrangement with the medical ethics committee of another

13  facility or with a community-based ethics committee approved

14  by the Florida Bio-ethics Network. The ethics committee shall

15  review the case with the guardian, in consultation with the

16  person's attending physician, to determine whether the

17  condition is permanent and there is no reasonable medical

18  probability for recovery. The individual committee members and

19  the facility associated with an ethics committee shall not be

20  held liable in any civil action related to the performance of

21  any duties required in this subsection.

22         Section 34.  The Department of Elderly Affairs shall

23  convene a workgroup composed of health care professionals,

24  health facilities, attorneys, consumers, clergy, academic

25  institutions, and other interested parties to develop model

26  advance directive forms. The department shall make the forms

27  available to the public. The department may reconvene the

28  workgroup as necessary to modify and update such forms.

29         Section 35.  Effective July 1, 1999:

30         (1)  Subsection (6) of section 3 of chapter 98-327,

31  Laws of Florida, is repealed and the Panel for the Study of

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1  End-of-Life Care created by that section is continued until

  2  January 31, 2000.

  3         (2)  To support the work of the panel, the sum of

  4  $100,000 is appropriated from the General Revenue Fund to the

  5  Pepper Institute on Aging and Public Policy at Florida State

  6  University.

  7         (3)  The panel shall submit its final report to the

  8  Legislature no later than January 31, 2000.

  9         Section 36.  Except as otherwise expressly provided in

10  this act, this act shall take effect October 1, 1999.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 2228
    308-2065-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 2228

  3

  4  Makes technical changes to correct a drafting error and
    statutory cross references.
  5
    Creates definition for "end-stage condition."
  6
    Re-inserts and revises the definition for "terminal condition"
  7  to exclude a reference to "persistent vegetative state" which
    now has a stand-alone definition.
  8
    Inserts the effective date of the Act, October 1, 1999, as the
  9  date from which previously executed directives will be given
    effect.
10
    Makes conforming changes in the bill to reflect the three
11  different conditions (i.e., terminal condition, end-stage
    condition, or persistent vegetative state) in which a person
12  may provide, withhold or withdraw life-prolonging procedures
    in a living will or through a health-care surrogate in the
13  event the person becomes mentally and physically
    incapacitated.
14
    Replaces "reasonable probability" and "reasonable hope" with
15  "reasonable medical probability" as related to recovery from a
    condition or state.
16
    Provides that only one physician is needed to determine a
17  terminal or end-stage condition, or persistent vegetative
    state.
18
    Clarifies that in those cases where there is no advance
19  directive, health care proxy or other indication,
    life-prolonging procedures may be withheld or withdrawn if the
20  court-appointed guardian and the attending physician, in
    consultation with a facility medical ethics committee,
21  conclude that the patient is in a permanent vegetative state
    with no reasonable medical probability of recovery.
22

23

24

25

26

27

28

29

30

31

                                  34