CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 268
    Amendment No. ___   Barcode 375418
                            CHAMBER ACTION
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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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17  and insert:
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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  3
  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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