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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No. ___   Barcode 450570

                            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 12, before line 1,

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16  insert:

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

18  765.104, Florida Statutes, to read:

19         765.104  Amendment or revocation.--

20         (4)  Any patient for whom a medical proxy has been

21  recognized under s. 765.401 and for whom any previous legal

22  disability that precluded the patient's ability to consent is

23  removed may amend or revoke the recognition of the medical

24  proxy and any uncompleted decision made by that proxy. The

25  amendment or revocation takes effect when it is communicated

26  to the proxy, the health care provider, or the health care

27  facility in writing or, if communicated orally, in the

28  presence of a third person.

29         Section 11.  Subsection (1) of section 765.401, Florida

30  Statutes, is amended to read:

31         765.401  The proxy.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No. ___   Barcode 450570





  1         (1)  If an incapacitated or developmentally disabled

  2  the patient has not executed an advance directive, or

  3  designated a surrogate to execute an advance directive, or the

  4  designated or alternate surrogate is no longer available to

  5  make health care decisions, health care decisions may be made

  6  for the patient by any of the following individuals, in the

  7  following order of priority, if no individual in a prior class

  8  is reasonably available, willing, or competent to act:

  9         (a)  The judicially appointed guardian of the patient,

10  or the guardian advocate of the person having a developmental

11  disability as defined in s. 393.063, who has been authorized

12  to consent to medical treatment, if such guardian has

13  previously been appointed; however, this paragraph shall not

14  be construed to require such appointment before a treatment

15  decision can be made under this subsection;

16         (b)  The patient's spouse;

17         (c)  An adult child of the patient, or if the patient

18  has more than one adult child, a majority of the adult

19  children who are reasonably available for consultation;

20         (d)  A parent of the patient;

21         (e)  The adult sibling of the patient or, if the

22  patient has more than one sibling, a majority of the adult

23  siblings who are reasonably available for consultation.

24         (f)  An adult relative of the patient who has exhibited

25  special care and concern for the patient and who has

26  maintained regular contact with the patient and who is

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

28  or moral beliefs; or

29         (g)  A close friend of the patient.

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31  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No. ___   Barcode 450570





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 2, line 7, after the semicolon,

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  5  insert:

  6         amending s. 765.104, F.S.; authorizing a

  7         patient whose legal disability is removed to

  8         amend or revoke the recognition of a medical

  9         proxy and any uncompleted decision made by that

10         proxy; specifying when the amendment or

11         revocation takes effect; amending s. 765.401,

12         F.S.; authorizing a guardian advocate of a

13         person having a developmental disability to

14         make health care decisions on behalf of an

15         incapacitated patient;

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