765.103 – Existing advance directives.
765.103 Existing advance directives.—Any advance directive made prior to October 1, 1999, shall be given effect as executed, provided such directive was legally effective when written. History.—s. 2, ch. 92-199; s. 18, ch. 99-331.
765.104 – Amendment or revocation.
765.104 Amendment or revocation.— (1) An advance directive may be amended or revoked at any time by a competent principal: (a) By means of a signed, dated writing; (b) By means of the physical cancellation or destruction of the advance directive by the principal or by another in the principal’s presence and at the principal’s direction; (c) By means of […]
765.105 – Review of surrogate or proxy’s decision.
765.105 Review of surrogate or proxy’s decision.— (1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision may seek expedited judicial intervention pursuant to rule 5.900 of the Florida Probate […]
765.106 – Preservation of existing rights.
765.106 Preservation of existing rights.—The provisions of this chapter are cumulative to the existing law regarding an individual’s right to consent, or refuse to consent, to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor, competent or incompetent person, or a patient’s family may […]
765.107 – Construction.
765.107 Construction.— (1) This chapter shall not be construed to repeal by implication any provision of s. 766.103, the Florida Medical Consent Law. For all purposes, the Florida Medical Consent Law shall be considered an alternative to provisions of this section. (2) Procedures provided in this chapter permitting the withholding or withdrawal of life-prolonging procedures do not apply […]
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 […]