| 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| 8 | withheld or withdrawn from a person who is in a persistent |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: |