Amendment
Bill No. 0701
Amendment No. 241033
CHAMBER ACTION
Senate House
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1Representative(s) Simmons, Goodlette, Baxley, Stargel, and
2Gardiner offered the following:
3
4     Amendment (with title amendment)
5     Remove line(s) 155-211 and insert:
6     (1)  Notwithstanding the provisions of s. 765.401,
7artificially provided sustenance or hydration may not be
8withheld or withdrawn from a person who is in a persistent
9vegetative state except under the conditions prescribed in
10paragraph (a), paragraph (b), paragraph (c), paragraph (d), or
11paragraph (e).
12     (a)  The person who is in a persistent vegetative state has
13executed a written advance directive, executed a written living
14will, or designated a health care surrogate which directive,
15living will, or designation of a surrogate authorizes the
16withholding or withdrawing of life-prolonging procedures, as
17defined in s. 765.101.
18     (b)  Clear and convincing evidence exists that, while
19competent and prior to entering into a persistent vegetative
20state, the person, expressly and unequivocally, directed or
21instructed the withholding or withdrawing of artificially
22provided sustenance or hydration. For purposes of this section,
23this paragraph does not authorize the application of substituted
24judgment.
25     (c)  The decision to withhold or withdraw sustenance or
26hydration:
27     1.  Would be authorized under s. 765.401(3), and the
28parties identified in this paragraph agree that:
29     a.  The decision is the one the person in a persistent
30vegetative state would have chosen had the person been
31competent; or
32     b.  If there is no indication of what the person would have
33chosen, that the decision is in the person's best interests.
34     2.  The parties whose agreement is required under this
35paragraph are all individuals or classes identified in s.
36765.401(1)(a)-(f) who have:
37     a.  Exhibited special care and concern for the person who
38is in a persistent vegetative state;
39     b.  Who have maintained regular contact with the person;
40and
41     c.  Who have expressed an opinion on the decision.
42     (d)  In the reasonable medical judgment of the person's
43attending physician and a second consulting physician, and in
44consultation with the medical ethics committee of the facility
45where the person is located, maintenance of artificially
46provided sustenance or hydration:
47     1.  Is not medically possible;
48     2.  Would hasten death;
49     3.  Would cause severe, intractable, or significant long-
50lasting pain to the person; or
51     4.  Would not contribute to sustaining the person's life or
52providing comfort to the person.
53     (e)  In the reasonable medical judgment of the person's
54attending physician and a second consulting physician, and in
55consultation with the medical ethics committee of the facility
56where the person is located:
57     1.  Death is imminent;
58     2.  Even with artificially provided sustenance or
59hydration, the person will die within a reasonably short period
60of time due to a terminal illness or injury; and
61     3.  The purpose of withholding or withdrawing artificially
62provided sustenance or hydration is not to cause death by
63starvation 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
66committee at the facility, the facility must have an arrangement
67with the medical ethics committee of another facility or with a
68community-based ethics committee approved by the Florida Bio-
69ethics Network. The individual committee members and the
70facility associated with an ethics committee shall not be held
71liable in any civil action related to the performance of any
72duties required in paragraph (1)(d) or paragraph (1)(e).
73     (3)  Any interested party who may reasonably be expected to
74be directly affected by the decision to withhold or withdraw
75artificially provided sustenance or hydration from a person in a
76persistent vegetative state may petition for enforcement of this
77section.
78     Section 4.  The provisions of this act apply to every
79living person on and after the effective date of this act.
80Specifically, it is the intent of the Legislature and the policy
81of this state to apply the provisions of this act to all
82situations in which a person is in a persistent vegetative state
83on or after the effective date of this act.
84
85================ T I T L E  A M E N D M E N T =============
86     Remove line(s) ????? and insert:


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