US Lawyer Database

765.2038 – Designation of health care surrogate for a minor; suggested form.

765.2038 Designation of health care surrogate for a minor; suggested form.—A written designation of a health care surrogate for a minor executed pursuant to this chapter may, but need not, be in the following form: DESIGNATION OF HEALTH CARE SURROGATEFOR MINOR I/We,   (name/names)  , the [ ] natural guardian(s) as defined in s. 744.301(1), Florida Statutes; [ ] legal […]

765.514 – Manner of making anatomical gifts.

765.514 Manner of making anatomical gifts.— (1) A person may make an anatomical gift of all or part of his or her body under s. 765.512(1) by: (a) Signing an organ and tissue donor card. (b) Registering online with the donor registry. (c) Signifying an intent to donate on his or her driver license or identification card issued by the […]

765.204 – Capacity of principal; procedure.

765.204 Capacity of principal; procedure.— (1) A principal is presumed to be capable of making health care decisions for herself or himself unless she or he is determined to be incapacitated. While a principal has decisionmaking capacity, the principal’s wishes are controlling. Each physician or health care provider must clearly communicate to a principal with decisionmaking capacity […]

765.515 – Delivery of donor document.

765.515 Delivery of donor document.— (1) If an anatomical gift is made pursuant to s. 765.521, the completed donor registration card shall be delivered to the department, and the department must communicate the donor’s intent to the donor registry, but delivery is not necessary to the validity of the gift. If the donor withdraws the gift, the […]

765.205 – Responsibility of the surrogate.

765.205 Responsibility of the surrogate.— (1) The surrogate, in accordance with the principal’s instructions, unless such authority has been expressly limited by the principal, shall: (a) Have authority to act for the principal and to make all health care decisions for the principal during the principal’s incapacity. (b) Consult expeditiously with appropriate health care providers to provide informed consent, […]

765.301 – Short title.

765.301 Short title.—Sections 765.302-765.309 may be cited as the “Life-Prolonging Procedure Act of Florida.” History.—s. 4, ch. 92-199; s. 24, ch. 99-331.

765.302 – Procedure for making a living will; notice to physician.

765.302 Procedure for making a living will; notice to physician.— (1) Any competent adult may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A […]

765.109 – Immunity from liability; weight of proof; presumption.

765.109 Immunity from liability; weight of proof; presumption.— (1) A health care facility, provider, or other person who acts under the direction of a health care facility or provider is not subject to criminal prosecution or civil liability, and will not be deemed to have engaged in unprofessional conduct, as a result of carrying out a health […]

765.110 – Health care facilities and providers; discipline.

765.110 Health care facilities and providers; discipline.— (1) A health care facility, pursuant to Pub. L. No. 101-508, ss. 4206 and 4751, shall provide to each patient written information concerning the individual’s rights concerning advance directives and the health care facility’s policies respecting the implementation of such rights, and shall document in the patient’s medical records whether […]

765.1103 – Pain management and palliative care.

765.1103 Pain management and palliative care.— (1) A patient shall be given information concerning pain management and palliative care when he or she discusses with the primary physician, or such physician’s designee, the diagnosis, planned course of treatment, alternatives, risks, or prognosis for his or her illness. If the patient is incapacitated, the information shall be given […]