| 1 | Representative(s) Ambler, Simmons, Goodlette, Baxley, Stargel, |
| 2 | and Gardiner offered the following: |
| 3 |
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| 4 | Substitute Amendment for Amendment (241033) (with title |
| 5 | amendment) |
| 6 | Remove line(s) 165-211 and insert: |
| 7 | (b) Clear and convincing evidence exists that, while |
| 8 | competent and prior to entering into a persistent vegetative |
| 9 | state, the person, expressly and unequivocally, directed or |
| 10 | instructed the withholding or withdrawing of artificially |
| 11 | provided sustenance or hydration. For purposes of this section, |
| 12 | this paragraph does not authorize the application of substituted |
| 13 | judgment. |
| 14 | (c) In the reasonable medical judgment of the person's |
| 15 | attending physician and a second consulting physician, and in |
| 16 | consultation with the medical ethics committee of the facility |
| 17 | where the person is located, maintenance of artificially |
| 18 | provided sustenance or hydration: |
| 19 | 1. Is not medically possible; |
| 20 | 2. Would hasten death; |
| 21 | 3. Would cause severe, intractable, or significant long- |
| 22 | lasting pain to the person; or |
| 23 | 4. Would not contribute to sustaining the person's life or |
| 24 | providing comfort to the person. |
| 25 | (d) In the reasonable medical judgment of the person's |
| 26 | attending physician and a second consulting physician, and in |
| 27 | consultation with the medical ethics committee of the facility |
| 28 | where the person is located: |
| 29 | 1. Death is imminent; |
| 30 | 2. Even with artificially provided sustenance or |
| 31 | hydration, the person will die within a reasonably short period |
| 32 | of time due to a terminal illness or injury; and |
| 33 | 3. The purpose of withholding or withdrawing artificially |
| 34 | provided sustenance or hydration is not to cause death by |
| 35 | starvation or dehydration. |
| 36 | (3) For purposes of making the determination in paragraph |
| 37 | (2)(c) or paragraph (2)(d), if there is no medical ethics |
| 38 | committee at the facility, the facility must have an arrangement |
| 39 | with the medical ethics committee of another facility or with a |
| 40 | community-based ethics committee approved by the Florida Bio- |
| 41 | ethics Network. The individual committee members and the |
| 42 | facility associated with an ethics committee shall not be held |
| 43 | liable in any civil action related to the performance of any |
| 44 | duties required in paragraph (2)(c) or paragraph (2)(d). |
| 45 | (4) Any interested party who may reasonably be expected to |
| 46 | be directly affected by the decision to withhold or withdraw |
| 47 | artificially provided sustenance or hydration from a person in a |
| 48 | persistent vegetative state may petition for enforcement of this |
| 49 | section. |
| 50 | Section 4. The provisions of this act apply to every |
| 51 | living person on and after the effective date of this act. |
| 52 | Specifically, it is the intent of the Legislature and the policy |
| 53 | of this state to apply the provisions of this act to all |
| 54 | situations in which a person is in a persistent vegetative state |
| 55 | on or after the effective date of this act. |
| 56 |
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| 57 | ================ T I T L E A M E N D M E N T ============= |
| 58 | Remove line(s) 20-23 and insert: |
| 59 | hydration; authorizing certain interested persons to petition |
| 60 | for enforcement of the section; |