CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 268
Amendment No. ___ Barcode 450570
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Carlton moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 12, before line 1,
15
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.--
1
2:45 PM 03/12/02 s0268c1c-24j03
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.
30
31 (Redesignate subsequent sections.)
2
2:45 PM 03/12/02 s0268c1c-24j03
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,
4
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;
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
2:45 PM 03/12/02 s0268c1c-24j03