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

16

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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    2:47 PM   03/12/02                              s0268c1c-24j04




                                                  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

  8

  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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