Florida Senate - 2025 SB 1700 By Senator Berman 26-01404-25 20251700__ 1 A bill to be entitled 2 An act relating to end-of-life options; creating ch. 3 764, F.S., to be entitled “Personal Autonomy”; 4 creating s. 764.101, F.S.; providing a short title; 5 creating s. 764.102, F.S.; defining terms; creating s. 6 764.103, F.S.; providing legislative findings and 7 intent; creating s. 764.104, F.S.; providing criteria 8 for individuals to request certain medication as 9 qualified patients; providing factors to demonstrate 10 residency; requiring qualified patients to make oral 11 and written requests to obtain medication to end their 12 lives in a peaceful manner; requiring waiting periods 13 before such requests may be made and such medication 14 may be prescribed; providing exceptions; providing a 15 form for written requests; specifying requirements for 16 the valid execution of such form; authorizing a 17 qualified patient to rescind a request at any time and 18 in any manner; creating s. 764.105, F.S.; specifying 19 responsibilities for attending physicians and 20 consulting physicians; providing that a qualified 21 patient’s health care providers under the act may not 22 be related to the qualified patient or entitled to any 23 portion of the qualified patient’s estate; specifying 24 recordkeeping requirements; requiring certain health 25 care providers to report specified information to the 26 Department of Health; requiring the department to 27 adopt rules; requiring the department to publish a 28 specified report on its website annually; providing 29 requirements for the report; creating s. 764.106, 30 F.S.; requiring persons who have custody or control of 31 any unused medication prescribed under the act to 32 dispose of it in a specified manner; creating s. 33 764.107, F.S.; specifying requirements for the death 34 certificate of qualified patients who die by self 35 administration of medication prescribed in accordance 36 with the act; creating s. 764.108, F.S.; making 37 certain provisions of legal instruments void and 38 unenforceable under certain circumstances; prohibiting 39 health insurers from denying or discriminating in 40 their provision of health benefits based on the 41 availability of medication prescribed under the act or 42 from attempting to influence a policyholder’s decision 43 to make or rescind a request for such medication; 44 prohibiting an individual’s participation under the 45 act from affecting the sale, procurement, or issuance 46 of certain insurance policies or the rates charged for 47 such policies; creating s. 764.109, F.S.; providing 48 criminal penalties and immunities; defining the terms 49 “notify” and “participation in this chapter”; 50 authorizing health care providers and health care 51 facilities to prohibit health care providers from 52 participating under the act while on the premises of 53 facilities that they own or operate if they provided 54 prior notice of their policy; requiring such health 55 care providers and health care facilities to clearly 56 articulate this policy on websites they maintain and 57 in materials they provide to patients; requiring such 58 health care providers and health care facilities to 59 provide the policy in an easily accessible location on 60 their websites and in certain materials provided to 61 patients; authorizing health care providers and health 62 care facilities to impose sanctions against health 63 care providers who violate such policies; providing 64 that health care providers and health care facilities 65 may not prohibit their employees from participating 66 under the act off the premises or outside the course 67 and scope of their employment or impose sanctions 68 against them for doing so; requiring sanctioning 69 health care providers and health care facilities to 70 not be arbitrary or capricious in their sanctions and 71 to follow due process procedures when imposing such 72 sanctions; providing that such sanctions may not be 73 considered a violation of the standard of care or as 74 unprofessional conduct for purposes of disciplinary 75 action against a health care provider’s license; 76 creating s. 764.11, F.S.; authorizing claims for costs 77 and attorney fees for governmental entities under 78 certain circumstances; creating s. 764.111, F.S.; 79 providing construction and severability; amending s. 80 782.08, F.S.; exempting persons acting in accordance 81 with the act from certain criminal penalties; 82 providing an effective date. 83 84 Be It Enacted by the Legislature of the State of Florida: 85 86 Section 1. Chapter 764, Florida Statutes, consisting of 87 sections 764.101-764.111, Florida Statutes, is created and 88 entitled “Personal Autonomy.” 89 Section 2. Section 764.101, Florida Statutes, is created to 90 read: 91 764.101 Short title.—Sections 764.101-764.111 may be cited 92 as the “Florida End-of-Life Options Act.” 93 Section 3. Section 764.102, Florida Statutes, is created to 94 read: 95 764.102 Definitions.—As used in this chapter, the term: 96 (1) “Adult” means a resident of this state who is 18 years 97 of age or older. 98 (2) “Attending physician” means the physician who has 99 primary responsibility for the care of the patient and treatment 100 of the patient’s terminal condition. 101 (3) “Consulting physician” means a physician who is 102 qualified by specialty or experience to make a professional 103 diagnosis and prognosis regarding the patient’s medical 104 condition. 105 (4) “Counseling” means one or more consultations as 106 necessary between a mental health professional and a patient for 107 the purpose of determining whether the patient has mental 108 capacity and whether the patient is suffering from a mental 109 health disorder or intellectual disability causing impaired 110 judgment that impacts his or her ability to make informed end 111 of-life decisions. 112 (5) “Department” means the Department of Health. 113 (6) “Health care facility” means a health care facility as 114 defined in s. 408.07 or another entity, other than a health care 115 provider, licensed or certified to provide health care services 116 in this state. 117 (7) “Health care provider” means a health care practitioner 118 as defined in s. 456.001 or another individual licensed or 119 certified to provide health services in this state. 120 (8) “Informed decision” means a decision voluntarily made 121 by a qualified patient to request and obtain a prescription to 122 end his or her life after a sufficient explanation and 123 disclosure of the subject matter is given to enable the 124 qualified patient to understand and consider the relevant facts, 125 including the qualified patient’s medical diagnosis and 126 prognosis, the potential risks associated with taking the 127 medication to be prescribed, the probable results of taking the 128 medication, and the feasible alternatives to taking the 129 medication, and to make an informed health care decision without 130 coercion or undue influence. 131 (9) “Medically confirmed” means the medical opinion of the 132 attending physician has been confirmed by a consulting physician 133 who has examined the patient and the patient’s relevant medical 134 records. 135 (10) “Medication” means a drug as defined in s. 499.003 136 which an attending physician prescribes to a qualified patient 137 under this chapter to end his or her life in a peaceful manner. 138 (11) “Mental capacity” means that a patient’s attending 139 physician, consulting physician, or treating mental health 140 professional has determined that, in accordance with the 141 relevant professional standards of care, the patient has the 142 ability to understand and appreciate health care options 143 available to him or her, including the significant benefits and 144 risks of such options, and to make and communicate health care 145 decisions to health care providers, including communication 146 through individuals familiar with the patient’s manner of 147 communicating if those individuals are available. 148 (12) “Mental health professional” means a psychiatrist 149 licensed under chapter 458 or 459, a psychiatric nurse licensed 150 under part I of chapter 464, a psychologist licensed under 151 chapter 490, or a mental health counselor or clinical social 152 worker licensed under chapter 491. 153 (13) “Physician” means a person licensed to practice 154 medicine under chapter 458 or osteopathic medicine under chapter 155 459. 156 (14) “Public place” means any street, alley, park, or 157 public building; any place of business or assembly open to or 158 frequented by the public; and any other place open to the public 159 view or to which the public has access. The term does not 160 include a health care facility. 161 (15) “Qualified patient” means an individual who has 162 satisfied the requirements of this chapter to obtain a 163 prescription for medication to end his or her life in a peaceful 164 manner. 165 (16) “Self-administer” means to take an affirmative, 166 conscious, and voluntary action to ingest medication. 167 (17) “Telehealth” has the same meaning as provided in s. 168 456.47(1). 169 (18)“Terminal condition” means a medically confirmed 170 condition caused by an injury, an illness, or a disease which is 171 incurable and irreversible and which will, within reasonable 172 medical judgment, cause the patient’s death within 6 months. 173 Section 4. Section 764.103, Florida Statutes, is created to 174 read: 175 764.103 Legislative findings and intent.—The Legislature 176 finds that every adult with mental capacity has the fundamental 177 right of self-determination regarding decisions pertaining to 178 his or her own health, and recognizes that for some faced with a 179 terminal condition, prolonging life may result in intolerable 180 pain and suffering. It is the intent of the Legislature to 181 establish a procedure to allow an individual with mental 182 capacity who has a terminal condition, and who makes a fully 183 informed decision that he or she no longer wants to live, to 184 obtain medication to end his or her life in a peaceful manner. 185 Section 5. Section 764.104, Florida Statutes, is created to 186 read: 187 764.104 Qualified patients; residency requirements; written 188 and oral requests for medication; waiting periods; form 189 requirements; right to rescind requests.— 190 (1)(a) An individual may request medication authorized 191 under this chapter for the purpose of ending his or her life if 192 the individual: 193 1. Is 18 years of age or older; 194 2. Is a resident of Florida; 195 3. Has been clinically diagnosed with a terminal condition 196 by his or her attending physician which has been medically 197 confirmed by a consulting physician; 198 4. Has mental capacity; 199 5. Is making an informed decision; 200 6. Has voluntarily expressed his or her wish to die; and 201 7. Is able to self-administer the medication. 202 (b) An individual may not qualify for medication under this 203 chapter solely because of age or disability. 204 (2) Factors demonstrating Florida residency include, but 205 are not limited to: 206 (a) Possession of a Florida driver license; 207 (b) Registration to vote in Florida; 208 (c) Evidence that the individual owns or leases property in 209 Florida; or 210 (d) Filing of a federal tax return from the most recent tax 211 year which asserts that the individual’s permanent residence is 212 in Florida. 213 (3) To obtain medication under this chapter to end his or 214 her life, a qualified patient must first make two oral requests, 215 and then one written request, for the medication to his or her 216 attending physician. 217 (a) A qualified patient may not make the second oral 218 request to his or her attending physician until at least 15 days 219 after making the first oral request. However, if the qualified 220 patient’s attending physician has medically confirmed that the 221 qualified patient will, within reasonable medical judgment, die 222 within 15 days after making the first oral request, the 223 qualified patient may make the second oral request to his or her 224 attending physician at any time after making the first oral 225 request. 226 (b) After a qualified patient makes a second oral request, 227 the attending physician must give the qualified patient an 228 opportunity to rescind the request. 229 (c) A qualified patient may make a written request for 230 medication under this chapter after he or she has made a second 231 oral request for the medication and has been offered the 232 opportunity to rescind the request. The written request must be 233 made by the qualified patient and may not be made by the 234 qualified patient’s health care surrogate or proxy, attorney, or 235 representative or by an advance directive. 236 (d) An attending physician may not prescribe medication to 237 a qualified patient under this chapter until at least 48 hours 238 after the qualified patient makes a written request for the 239 medication. However, if the qualified patient’s attending 240 physician has medically confirmed that the qualified patient 241 will, within reasonable medical judgment, die within the 48-hour 242 waiting period, the attending physician may prescribe the 243 medication immediately after the qualified patient makes the 244 written request. 245 (e) A qualified patient may make the oral requests for 246 medication under this chapter through telehealth if the 247 attending physician deems it clinically appropriate under the 248 applicable standard of care for his or her profession. 249 (4)(a) A written request for medication under this chapter 250 must be in a form substantially similar to the following: 251 REQUEST FOR MEDICATION 252 TO END MY LIFE IN A PEACEFUL MANNER 253 254 I, ...(name of qualified patient)..., am an adult of sound 255 mind. 256 257 I am suffering from ...(medical condition)..., which my 258 attending physician has determined is a terminal condition and 259 which has been medically confirmed by a consulting physician. 260 Both physicians agree that, within reasonable medical judgment, 261 my condition is incurable and irreversible and is likely to 262 cause my death within 6 months. ...(qualified patient’s 263 initials)... 264 265 I have been fully informed of my diagnosis, prognosis, the 266 nature of the medication to be prescribed and potential 267 associated risks, the expected result of taking the medication, 268 and the feasible alternative, concurrent, or additional 269 treatment opportunities available to me, including hospice care 270 and palliative care focused on relieving symptoms and reducing 271 suffering. ...(qualified patient’s initials)... 272 273 Pursuant to chapter 764, Florida Statutes, I request that 274 my attending physician prescribe medication that will end my 275 life in a peaceful manner if I choose to self-administer it, and 276 I authorize my attending physician to contact a willing 277 pharmacist to dispense such medication to me. ...(qualified 278 patient’s initials)... 279 280 PURSUANT TO SECTION 764.104, FLORIDA STATUTES, I UNDERSTAND 281 THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME AND IN 282 ANY MANNER, REGARDLESS OF MY MENTAL STATE. ...(qualified 283 patient’s initials)... 284 285 I understand the full import of this request, and I expect 286 to die if I self-administer the medication to be prescribed. I 287 further understand that although most deaths occur within 3 288 hours, my death may take longer, and my attending physician has 289 counseled me about this possibility. ...(qualified patient’s 290 initials)... 291 292 I make this request voluntarily and without reservation. 293 ...(qualified patient’s initials)... 294 295 Signed: ...(signature of qualified patient)... 296 Dated: ...(date)... Time: ...(time)... 297 298 DECLARATION OF WITNESSES 299 We declare that the person signing this request: 300 1. Is personally known to us or has provided proof of his 301 or her identity; 302 2. Signed this request in our presence; 303 3. Appears to be of sound mind and not under duress, fraud, 304 or undue influence; and 305 4. Is not a patient for whom either of us is the attending 306 physician or other health care provider. 307 308 First witness Second witness 309 ...(print name)... ...(print name)... 310 ...(relation to patient)... ...(relation to patient)... 311 ...(signature)... ...(signature)... 312 ...(date)... ...(date)... 313 314 NOTE: At least one witness must not be a relative (by 315 blood, marriage, registered domestic partnership, or adoption) 316 of the qualified person signing this request, must not be 317 entitled to any portion of the person’s estate upon death, and 318 must not be an owner, operator, or employee of a health care 319 facility where the qualified patient is a patient or resident. 320 (b) To be valid, the written request must be signed by the 321 qualified patient and witnessed by at least two individuals who, 322 in the presence of the qualified patient, attest that, to the 323 best of their knowledge and belief, the qualified patient has 324 mental capacity, is acting voluntarily, and is not being coerced 325 to sign the request. At least one of the witnesses must be a 326 person who is not: 327 1. A relative of the qualified patient by blood, marriage, 328 registered domestic partnership, or adoption; 329 2. A person who at the time the request is signed would be 330 entitled to any portion of the estate of the qualified patient 331 upon death under any will or by operation of law; or 332 3. An owner, operator, or employee of a health care 333 facility where the qualified patient is receiving medical 334 treatment or is a resident. 335 (c) The qualified patient’s attending physician or other 336 health care provider at the time the request is signed may not 337 serve as a witness. 338 (5) A qualified patient may rescind his or her request at 339 any time and in any manner without regard to his or her mental 340 state. 341 Section 6. Section 764.105, Florida Statutes, is created to 342 read: 343 764.105 Attending physician responsibilities; consulting 344 physician responsibilities; recordkeeping and reporting 345 requirements; annual report.— 346 (1) ATTENDING PHYSICIAN RESPONSIBILITIES.—The attending 347 physician shall do all of the following before prescribing 348 medication to a qualified patient under this chapter: 349 (a) Make the initial determination as to whether a patient 350 has a terminal condition, has mental capacity, has voluntarily 351 made the request for medication to end his or her life without 352 coercion or undue influence by another person, and is able to 353 self-administer the medication to be prescribed. 354 (b) Refer the patient to a consulting physician for medical 355 confirmation of the diagnosis, and for a determination that the 356 patient has mental capacity and is acting voluntarily. 357 (c) Ensure that the patient is making an informed decision 358 by fully informing the patient of the facts relevant to all of 359 the following: 360 1. The patient’s medical diagnosis and prognosis. 361 2. The potential risks associated with self-administering 362 the medication to be prescribed. 363 3. The probable result of self-administering the medication 364 to be prescribed. 365 4. The feasible alternative, concurrent, and additional 366 treatment options available to the patient, including, but not 367 limited to, palliative care, hospice care, and pain control. 368 5. The option to obtain the medication to end his or her 369 life but subsequently decide not to take it. 370 (d) Verify the patient’s Florida residency. 371 (e) Refer the patient to a mental health professional with 372 the appropriate training and expertise for counseling if the 373 patient has a history of, or if the physician believes the 374 patient may be suffering from, a mental health disorder or 375 intellectual disability that may cause impaired judgment. The 376 attending physician may not prescribe medication under this 377 chapter until the mental health professional counseling the 378 patient determines that the patient is not suffering from a 379 mental health disorder or intellectual disability causing 380 impaired judgment that impacts his or her ability to make 381 informed end-of-life decisions. 382 (f) Inform the qualified patient that he or she has an 383 opportunity to rescind the request at any time and in any 384 manner, and offer the qualified patient an opportunity to 385 rescind the request after the qualified patient’s second oral 386 request in accordance with s. 764.104. 387 (g) Inform the qualified patient that there is no 388 obligation to fill the prescription or to self-administer the 389 medication prescribed under this chapter, even if obtained. 390 (h) Immediately before writing a prescription for 391 medication under this chapter, verify again that the qualified 392 patient is making an informed decision. 393 (i) Counsel the patient about the importance of having 394 another person present when the patient self-administers the 395 medication prescribed under this chapter and of not self 396 administering the medication in a public place. 397 (j) Comply with the medical record documentation 398 requirements of this section. 399 (k) Ensure that all required steps are carried out in 400 accordance with this chapter before writing a prescription for 401 medication to enable a qualified patient to end his or her life 402 in a peaceful manner. 403 (l)1. Dispense medications directly, including ancillary 404 medications intended to minimize the patient’s discomfort; 405 however, the attending physician must be registered as a 406 dispensing practitioner under s. 465.0276, have a current Drug 407 Enforcement Administration number, and comply with applicable 408 laws and rules to dispense medications under this paragraph; or 409 2. With the patient’s written consent: 410 a. Contact a pharmacist and inform the pharmacist of the 411 prescription; and 412 b. Deliver the written prescription personally, 413 electronically, or by mail to the pharmacist, who will dispense 414 the medications to either the patient, the attending physician, 415 the patient’s legal representative, or an individual whom the 416 patient designates in writing. 417 (2) CONSULTING PHYSICIAN RESPONSIBILITIES.—A consulting 418 physician shall examine the patient and his or her relevant 419 medical records to confirm, in writing, whether the consulting 420 physician agrees with the attending physician’s diagnosis that 421 the patient is suffering from a terminal condition, and verify 422 whether the patient has mental capacity, is acting voluntarily, 423 and has made an informed decision. A consulting physician must 424 refer the patient to a mental health professional for counseling 425 if the consulting physician believes the patient may be 426 suffering from a mental health disorder or intellectual 427 disability that may cause impaired judgment and the attending 428 physician has not already referred the patient for such 429 counseling. 430 (3) CONFLICT OF INTEREST.—The attending physician, 431 consulting physician, and mental health professional and 432 interpreter, if any, may not be related to the qualified patient 433 by blood, marriage, registered domestic partnership, or adoption 434 or be entitled to any portion of the qualified patient’s estate. 435 (4) RECORDKEEPING.—An attending physician is responsible 436 for ensuring that all of the following is documented or filed in 437 the patient’s medical record: 438 (a) All oral requests by a patient for medication under 439 this chapter. 440 (b) All written requests by a patient for medication under 441 this chapter. 442 (c) The attending physician’s diagnosis, prognosis, and 443 determination that the patient has mental capacity, is acting 444 voluntarily, has made an informed decision, and is able to self 445 administer the medication to be prescribed. 446 (d) The consulting physician’s diagnosis, prognosis, and 447 verification that the patient has mental capacity, is acting 448 voluntarily, has made an informed decision, and is able to self 449 administer the medication to be prescribed. 450 (e) A report of the outcome and determinations made during 451 counseling, if performed. 452 (f) The attending physician’s offer to the patient to 453 rescind his or her request at the time of the patient’s second 454 oral request. 455 (g) A note by the attending physician indicating that all 456 requirements under this chapter have been met and indicating the 457 steps taken to carry out the request, including a notation of 458 the medication prescribed. 459 (5) REPORTING.—A health care provider who prescribes or 460 dispenses medication under this chapter must submit a report to 461 the department for each qualified patient for or to whom he or 462 she prescribes or dispenses such medication, as applicable. The 463 department shall adopt rules to establish timeframes and forms 464 for submitting such reports. The reports must be limited to all 465 of the following information: 466 (a) The qualified patient’s age at death, if applicable. 467 (b) The qualified patient’s gender, race, and ethnicity. 468 (c) Whether the qualified patient was enrolled in hospice 469 care at the time of death. 470 (d) The qualified patient’s underlying terminal condition. 471 (e) Whether the qualified patient self-administered the 472 medication prescribed to end his or her life and, if so, the 473 date on which the death occurred. 474 (6) ANNUAL REPORT.—By January 15 of each year, the 475 department shall publish on its website an aggregated report of 476 all of the information submitted to the department under 477 subsection (5) for the preceding year, including, but not 478 limited to, the total number of qualified patients who received 479 a prescription for medication under this chapter and the total 480 number of health care providers who prescribed such medication. 481 The report may not include any personal identifying information 482 for the qualified patients. 483 Section 7. Section 764.106, Florida Statutes, is created to 484 read: 485 764.106 Disposal of medication.—A person who has custody or 486 control of any unused medication prescribed under this chapter 487 after the death of the qualified patient must personally deliver 488 the unused medication to the nearest facility qualified to 489 dispose of controlled substances or must dispose of the unused 490 medications by any lawful means in accordance with the rules of 491 the Board of Pharmacy or a United States Drug Enforcement 492 Administration approved drug take back program. 493 Section 8. Section 764.107, Florida Statutes, is created to 494 read: 495 764.107 Death certificates.—If a qualified patient dies by 496 self-administration of medication as authorized under this 497 chapter, the qualified patient’s death certificate must list the 498 underlying terminal condition, and not the prescribed 499 medication, as the cause of death. 500 Section 9. Section 764.108, Florida Statutes, is created to 501 read: 502 764.108 Effect on construction of wills, contracts, and 503 statutes; insurance or annuity policies.— 504 (1) A provision in a contract, will, or other agreement, 505 whether written or oral, to the extent the provision would 506 affect whether a person may make or rescind a request for 507 medication under this chapter, is void and unenforceable. 508 (2) An obligation owed under any existing contract may not 509 be conditioned or affected by a person making or rescinding a 510 request for medication under this chapter. 511 (3) A health insurer may not deny or discriminate in its 512 provision of health benefits to a policyholder based on the 513 availability of the medication authorized under this chapter to 514 end his or her life, nor may a health insurer attempt to 515 influence a policyholder’s decision to make or rescind a request 516 for such medication. 517 (4) The sale, procurement, or issuance of any life, health, 518 or accident insurance or annuity policy, or the rate charged for 519 any policy, may not be conditioned upon or affected by a person 520 making or rescinding a request for medication under this 521 chapter. A qualified patient’s act of self-administering 522 medication prescribed under this chapter may not affect a life, 523 health, or accident insurance or annuity policy. 524 Section 10. Section 764.109, Florida Statutes, is created 525 to read: 526 764.109 Penalties; liabilities; immunities; grounds for 527 prohibiting health care provider participation; notification; 528 permissible sanctions.— 529 (1) A person who: 530 (a) Without authorization of the patient, willfully alters 531 or forges a request for medication under this chapter or 532 conceals or destroys a rescission of that request with the 533 intent or effect of causing the patient’s death commits a felony 534 of the first degree, punishable as provided in s. 775.082, s. 535 775.083, or s. 775.084. 536 (b) Coerces or exerts undue influence on a patient to 537 request medication under this chapter for the purpose of ending 538 the patient’s life or to destroy a rescission of a medication 539 request commits a felony of the first degree, punishable as 540 provided in s. 775.082, s. 775.083, or s. 775.084. 541 (2) This chapter does not limit further liability for civil 542 damages resulting from other negligent conduct or intentional 543 misconduct by any person. 544 (3) The penalties in this chapter do not preclude criminal 545 penalties applicable under other law for conduct that is 546 inconsistent with this chapter. 547 (4) Except as provided in subsections (1) and (5): 548 (a) A person is not subject to civil or criminal liability 549 or professional disciplinary action for complying in good faith 550 with this chapter. This includes being present when a qualified 551 patient self-administers the medication prescribed under this 552 chapter. 553 (b) A health care facility, a professional organization or 554 association, or a health insurer may not subject a person to 555 censure, discipline, or suspension; loss or denial of license, 556 credentials, privileges, or membership; or any other penalty 557 solely for refusing to participate in this chapter or for 558 complying in good faith with this chapter. 559 (c) A request by a patient for, or provision by an 560 attending physician of, medication in good faith compliance with 561 this chapter does not constitute evidence of neglect for any 562 purpose of law or provide the sole basis for the appointment of 563 a guardian or conservator. 564 (d) A health care provider is not under any duty, whether 565 by contract, by statute, or by any other legal requirement, to 566 participate in the provision of medication prescribed under this 567 chapter to a qualified patient. If a health care provider is 568 unable or unwilling to carry out a patient’s request under this 569 chapter, the health care provider must inform the patient and 570 refer him or her to a health care provider willing to assist the 571 patient in the request for medication to end his or her life as 572 authorized under this chapter. If the patient transfers his or 573 her care to a new health care provider, the prior health care 574 provider must transfer, upon request, a copy of the patient’s 575 relevant medical records to the new health care provider within 576 48 hours. 577 (5)(a) As used in this subsection, the term: 578 1. “Notify” means to make a separate written statement 579 specifically informing employees, before their participation in 580 this chapter, of the employing health care provider’s or health 581 care facility’s policy sanctioning participation in activities 582 covered by this chapter. 583 2. “Participation in this chapter” means performing the 584 duties of an attending physician, the function of a consulting 585 physician, or the function of counseling pursuant to s. 764.105. 586 The term does not include: 587 a. Making an initial determination that a patient has a 588 terminal disease and informing the patient of the medical 589 prognosis; 590 b. Providing information about the Florida End-of-Life 591 Options Act to a patient upon the request of the patient; 592 c. Providing a patient, upon the request of the patient, 593 with a referral to another physician; or 594 d. A patient contracting with his or her attending 595 physician or consulting physician to act outside of the course 596 and scope of the provider’s capacity as an employee or 597 independent contractor of the sanctioning health care provider. 598 (b) Notwithstanding any other law, an employing health care 599 provider or health care facility may prohibit participation in 600 this chapter on the premises of facilities that it owns or 601 operates if it first notifies the health care providers 602 practicing in its facilities of its policy. This paragraph does 603 not prevent a health care provider or health care facility from 604 otherwise providing health care services to a patient which do 605 not constitute participation in this chapter. 606 (c) A health care provider or health care facility that 607 prohibits participation in this chapter on the premises of its 608 facilities shall clearly articulate this policy in an easily 609 accessible and appropriate location on any website maintained by 610 the provider or facility and in any applicable materials given 611 to patients. 612 (d) An employing health care provider or health care 613 facility may not prohibit a health care provider from, or 614 sanction a health care provider for, participation in this 615 chapter if done off premises of facilities that the employing 616 health care provider or health care facility owns or operates or 617 when the health care provider is acting outside the normal 618 course and scope of his or her employment with the health care 619 provider or health care facility. 620 (e) Notwithstanding subsection (4), if an employing health 621 care provider or health care facility has a policy prohibiting 622 health care providers from participation in this chapter on the 623 premises of facilities that it owns or operates and has notified 624 them of the policy, the prohibiting health care provider or 625 health care facility may subject such health care providers to 626 sanctions for participating in this chapter in violation of that 627 policy. 628 (f) An employing health care provider or health care 629 facility that imposes sanctions under paragraph (e) may not be 630 arbitrary or capricious in its sanctions and must afford all due 631 process and use any procedures it may have in place which are 632 related to the imposition of sanctions on another health care 633 provider. 634 (6) Sanctions imposed under subsection (5) may not be 635 considered the imposition of a sanction based on a violation of 636 standard of care, and participation in this chapter may not be 637 deemed unprofessional conduct for the purpose of disciplinary 638 action against a health care provider’s license. 639 Section 11. Section 764.11, Florida Statutes, is created to 640 read: 641 764.11 Claims by governmental entity for costs incurred. 642 Any governmental entity that incurs costs resulting from a 643 person terminating his or her life pursuant to this chapter in a 644 public place shall have a claim against the estate of the person 645 to recover the costs and reasonable attorney fees related to 646 enforcing the claim. 647 Section 12. Section 764.111, Florida Statutes, is created 648 to read: 649 764.111 Construction; severability.— 650 (1) This chapter may not be construed to authorize a 651 physician or any other person to end a patient’s life by lethal 652 injection, mercy killing, or active euthanasia. Actions taken in 653 accordance with this chapter do not constitute suicide, assisted 654 suicide, mercy killing, euthanasia, adult abuse, or homicide for 655 any purpose under the law. 656 (2) If any provision of this chapter or its application to 657 any person or circumstance is held invalid, the invalidity does 658 not affect the application of any other provision of this 659 chapter which can be given full effect without the invalid 660 provision or application, and to this end the provisions of this 661 chapter are severable. 662 Section 13. Section 782.08, Florida Statutes, is amended to 663 read: 664 782.08 Assisting self-murder.—Every person deliberately 665 assisting another in the commission of self-murder commitsshall666be guilty ofmanslaughter, a felony of the second degree, 667 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 668 Actions authorized under chapter 764, the Florida End-of-Life 669 Options Act, do not constitute assisting another in the 670 commission of self-murder, and a person acting within the scope 671 of and in accordance with chapter 764 may not be prosecuted 672 under this section for such acts. 673 Section 14. This act shall take effect July 1, 2025.