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         764.101Short 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         764.102Definitions.—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 commits shall
  666  be guilty of manslaughter, 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.