HOUSE AMENDMENT
                           Bill No. CS for CS for SB 374, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Crow offered the following:
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13         Amendment (with title amendment) 
14         On page 11, between lines 13 and 14,
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16  insert:  
17         Section 9.  Subsection (3) of section 765.401, Florida
18  Statutes, is amended to read:
19         765.401  The proxy.--
20         (3)  Before exercising the incapacitated patient's
21  rights to select or decline health care, the proxy must comply
22  with the provisions of ss. 765.205 and 765.305;, except that a
23  proxy's decision to withhold or withdraw life-prolonging
24  procedures must be supported by clear and convincing evidence
25  that the decision would have been the one the patient would
26  have chosen had the patient been competent, and a guardian ad
27  litem not related to the patient must be appointed to
28  represent the patient's interests.
29         Section 10.  Paragraph (f) is added to subsection (4)
30  of section 744.3215, Florida Statutes, to read:
31         (f)  Consent to or otherwise direct on behalf of the
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    File original & 9 copies    05/03/01                          
    hbd0001                     01:10 pm         00374-0049-501593


                                                   HOUSE AMENDMENT
                           Bill No. CS for CS for SB 374, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
 1  ward to withdraw or withhold life-prolonging procedures.  Any
 2  authority exercised under this paragraph must comply with
 3  chapter 765.
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 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 2, line 3,
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10  after the semicolon insert:
11         amending s. 765.401, F.S.; requiring
12         appointment of a guardian ad litem when a proxy
13         seeks to withhold or withdraw life-prolonging
14         procedures; amending s. 744.3215, F.S.;
15         providing that a guardian must seek court
16         approval to withdraw or withhold
17         life-prolonging procedures;
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    File original & 9 copies    05/03/01                          
    hbd0001                     01:10 pm         00374-0049-501593