765.108 – Effect with respect to insurance.
765.108 Effect with respect to insurance.—The making of an advance directive pursuant to the provisions of this chapter shall not affect the sale, procurement, or issuance of any policy of life insurance, nor shall such making of an advance directive be deemed to modify the terms of an existing policy of life insurance. No policy of […]
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 […]
765.1105 – Transfer of a patient.
765.1105 Transfer of a patient.— (1) A health care provider or facility that refuses to comply with a patient’s advance directive, or the treatment decision of his or her surrogate or proxy, shall make reasonable efforts to transfer the patient to another health care provider or facility that will comply with the directive or treatment decision. This […]
765.1115 – Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.
765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties.— (1) Any person who willfully conceals, cancels, defaces, obliterates, or damages an advance directive without the principal’s consent or who falsifies or forges the revocation or amendment of an advance directive of another, and who thereby causes life-prolonging procedures to be […]
765.112 – Recognition of advance directive executed in another state.
765.112 Recognition of advance directive executed in another state.—An advance directive executed in another state in compliance with the law of that state or of this state is validly executed for the purposes of this chapter. History.—s. 2, ch. 92-199.
765.113 – Restrictions on providing consent.
765.113 Restrictions on providing consent.—Unless the principal expressly delegates such authority to the surrogate in writing, or a surrogate or proxy has sought and received court approval pursuant to rule 5.900 of the Florida Probate Rules, a surrogate or proxy may not provide consent for: (1) Abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments that have not been […]
765.101 – Definitions.
765.101 Definitions.—As used in this chapter: (1) “Advance directive” means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal’s desires are expressed concerning any aspect of the principal’s health care or health information, and includes, but is not limited to, the designation of a health care […]
765.102 – Legislative findings and intent.
765.102 Legislative findings and intent.— (1) The Legislature finds that every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment. This right is subject to certain interests of society, such as the protection of human life and the preservation of […]