1 | Representative(s) Simmons, Goodlette, Baxley, Stargel, and |
2 | Gardiner offered the following: |
3 |
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4 | Amendment (with title amendment) |
5 | Remove line(s) 155-211 and insert: |
6 | (1) Notwithstanding the provisions of s. 765.401, |
7 | artificially provided sustenance or hydration may not be |
8 | withheld or withdrawn from a person who is in a persistent |
9 | vegetative state except under the conditions prescribed in |
10 | paragraph (a), paragraph (b), paragraph (c), paragraph (d), or |
11 | paragraph (e). |
12 | (a) The person who is in a persistent vegetative state has |
13 | executed a written advance directive, executed a written living |
14 | will, or designated a health care surrogate which directive, |
15 | living will, or designation of a surrogate authorizes the |
16 | withholding or withdrawing of life-prolonging procedures, as |
17 | defined in s. 765.101. |
18 | (b) Clear and convincing evidence exists that, while |
19 | competent and prior to entering into a persistent vegetative |
20 | state, the person, expressly and unequivocally, directed or |
21 | instructed the withholding or withdrawing of artificially |
22 | provided sustenance or hydration. For purposes of this section, |
23 | this paragraph does not authorize the application of substituted |
24 | judgment. |
25 | (c) The decision to withhold or withdraw sustenance or |
26 | hydration: |
27 | 1. Would be authorized under s. 765.401(3), and the |
28 | parties identified in this paragraph agree that: |
29 | a. The decision is the one the person in a persistent |
30 | vegetative state would have chosen had the person been |
31 | competent; or |
32 | b. If there is no indication of what the person would have |
33 | chosen, that the decision is in the person's best interests. |
34 | 2. The parties whose agreement is required under this |
35 | paragraph are all individuals or classes identified in s. |
36 | 765.401(1)(a)-(f) who have: |
37 | a. Exhibited special care and concern for the person who |
38 | is in a persistent vegetative state; |
39 | b. Who have maintained regular contact with the person; |
40 | and |
41 | c. Who have expressed an opinion on the decision. |
42 | (d) In the reasonable medical judgment of the person's |
43 | attending physician and a second consulting physician, and in |
44 | consultation with the medical ethics committee of the facility |
45 | where the person is located, maintenance of artificially |
46 | provided sustenance or hydration: |
47 | 1. Is not medically possible; |
48 | 2. Would hasten death; |
49 | 3. Would cause severe, intractable, or significant long- |
50 | lasting pain to the person; or |
51 | 4. Would not contribute to sustaining the person's life or |
52 | providing comfort to the person. |
53 | (e) In the reasonable medical judgment of the person's |
54 | attending physician and a second consulting physician, and in |
55 | consultation with the medical ethics committee of the facility |
56 | where the person is located: |
57 | 1. Death is imminent; |
58 | 2. Even with artificially provided sustenance or |
59 | hydration, the person will die within a reasonably short period |
60 | of time due to a terminal illness or injury; and |
61 | 3. The purpose of withholding or withdrawing artificially |
62 | provided sustenance or hydration is not to cause death by |
63 | starvation or dehydration. |
64 | (2) For purposes of making the determination in paragraph |
65 | (1)(d) or paragraph (1)(e), if there is no medical ethics |
66 | committee at the facility, the facility must have an arrangement |
67 | with the medical ethics committee of another facility or with a |
68 | community-based ethics committee approved by the Florida Bio- |
69 | ethics Network. The individual committee members and the |
70 | facility associated with an ethics committee shall not be held |
71 | liable in any civil action related to the performance of any |
72 | duties required in paragraph (1)(d) or paragraph (1)(e). |
73 | (3) Any interested party who may reasonably be expected to |
74 | be directly affected by the decision to withhold or withdraw |
75 | artificially provided sustenance or hydration from a person in a |
76 | persistent vegetative state may petition for enforcement of this |
77 | section. |
78 | Section 4. The provisions of this act apply to every |
79 | living person on and after the effective date of this act. |
80 | Specifically, it is the intent of the Legislature and the policy |
81 | of this state to apply the provisions of this act to all |
82 | situations in which a person is in a persistent vegetative state |
83 | on or after the effective date of this act. |
84 |
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85 | ================ T I T L E A M E N D M E N T ============= |
86 | Remove line(s) ????? and insert: |