CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 268
Amendment No. ___ Barcode 375418
CHAMBER ACTION
Senate House
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11 Senator Carlton moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, line 24, through
15 page 11, line 31, delete those lines
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18 Section 3. Subsection (4) is added to section 765.104,
19 Florida Statutes, to read:
20 765.104 Amendment or revocation.--
21 (4) Any patient for whom a medical proxy has been
22 recognized under s. 765.401 and for whom any previous legal
23 disability that precluded the patient's ability to consent is
24 removed may amend or revoke the recognition of the medical
25 proxy and any uncompleted decision made by that proxy. The
26 amendment or revocation takes effect when it is communicated
27 to the proxy, the health care provider, or the health care
28 facility in writing or, if communicated orally, in the
29 presence of a third person.
30 Section 4. Subsection (1) of section 765.401, Florida
31 Statutes, is amended to read:
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SENATE AMENDMENT
Bill No. CS for SB 268
Amendment No. ___ Barcode 375418
1 765.401 The proxy.--
2 (1) If an incapacitated or developmentally disabled
3 the patient has not executed an advance directive, or
4 designated a surrogate to execute an advance directive, or the
5 designated or alternate surrogate is no longer available to
6 make health care decisions, health care decisions may be made
7 for the patient by any of the following individuals, in the
8 following order of priority, if no individual in a prior class
9 is reasonably available, willing, or competent to act:
10 (a) The judicially appointed guardian of the patient,
11 or the guardian advocate of the person having a developmental
12 disability as defined in s. 393.063, who has been authorized
13 to consent to medical treatment, if such guardian has
14 previously been appointed; however, this paragraph shall not
15 be construed to require such appointment before a treatment
16 decision can be made under this subsection;
17 (b) The patient's spouse;
18 (c) An adult child of the patient, or if the patient
19 has more than one adult child, a majority of the adult
20 children who are reasonably available for consultation;
21 (d) A parent of the patient;
22 (e) The adult sibling of the patient or, if the
23 patient has more than one sibling, a majority of the adult
24 siblings who are reasonably available for consultation.
25 (f) An adult relative of the patient who has exhibited
26 special care and concern for the patient and who has
27 maintained regular contact with the patient and who is
28 familiar with the patient's activities, health, and religious
29 or moral beliefs; or
30 (g) A close friend of the patient.
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SENATE AMENDMENT
Bill No. CS for SB 268
Amendment No. ___ Barcode 375418
1 (Redesignate subsequent sections.)
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 15, through
7 page 2, line 7, delete those lines
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9 and insert:
10 elderly person or disabled adult; amending s.
11 765.104, F.S.; authorizing a patient whose
12 legal disability is removed to amend or revoke
13 the recognition of a medical proxy and any
14 uncompleted decision made by that proxy;
15 specifying when the amendment or revocation
16 takes effect; amending s. 765.401, F.S.;
17 authorizing a guardian advocate of a person
18 having a developmental disability to make
19 health care decisions on behalf of an
20 incapacitated patient; providing an effective
21 date.
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