Bill Amendment: FL S1224 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Health Care Representatives
Status: 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 889 (Ch. 2015-153) [S1224 Detail]
Download: Florida-2015-S1224-Senate_Floor_Amendment_828562.html
Bill Title: Health Care Representatives
Status: 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 889 (Ch. 2015-153) [S1224 Detail]
Download: Florida-2015-S1224-Senate_Floor_Amendment_828562.html
Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS for CS for SB 1224 Ì8285627Î828562 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Joyner moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 443 - 654 4 and insert: 5 While I have decisionmaking capacity, my wishes are controlling 6 and my physicians and health care providers must clearly 7 communicate to me the treatment plan or any change to the 8 treatment plan prior to its implementation. 9 10 To the extent I am capable of understanding, my health care 11 surrogate shall keep me reasonably informed of all decisions 12 that he or she has made on my behalf and matters concerning me. 13 14 THIS HEALTH CARE SURROGATE DESIGNATION IS NOT AFFECTED BY MY 15 SUBSEQUENT INCAPACITY EXCEPT AS PROVIDED IN CHAPTER 765, FLORIDA 16 STATUTES. 17 18 PURSUANT TO SECTION 765.104, FLORIDA STATUTES, I UNDERSTAND THAT 19 I MAY, AT ANY TIME WHILE I RETAIN MY CAPACITY, REVOKE OR AMEND 20 THIS DESIGNATION BY: 21 (1) SIGNING A WRITTEN AND DATED INSTRUMENT WHICH EXPRESSES 22 MY INTENT TO AMEND OR REVOKE THIS DESIGNATION; 23 (2) PHYSICALLY DESTROYING THIS DESIGNATION THROUGH MY OWN 24 ACTION OR BY THAT OF ANOTHER PERSON IN MY PRESENCE AND UNDER MY 25 DIRECTION; 26 (3) VERBALLY EXPRESSING MY INTENTION TO AMEND OR REVOKE 27 THIS DESIGNATION; OR 28 (4) SIGNING A NEW DESIGNATION THAT IS MATERIALLY DIFFERENT 29 FROM THIS DESIGNATION. 30 31 MY HEALTH CARE SURROGATE’S AUTHORITY BECOMES EFFECTIVE WHEN MY 32 PRIMARY PHYSICIAN DETERMINES THAT I AM UNABLE TO MAKE MY OWN 33 HEALTH CARE DECISIONS UNLESS I INITIAL EITHER OR BOTH OF THE 34 FOLLOWING BOXES: 35 36 IF I INITIAL THIS BOX [....], MY HEALTH CARE SURROGATE’S 37 AUTHORITY TO RECEIVE MY HEALTH INFORMATION TAKES EFFECT 38 IMMEDIATELY. 39 40 IF I INITIAL THIS BOX [....], MY HEALTH CARE SURROGATE’S 41 AUTHORITY TO MAKE HEALTH CARE DECISIONS FOR ME TAKES EFFECT 42 IMMEDIATELY. PURSUANT TO SECTION 765.204(3), FLORIDA STATUTES, 43 ANY INSTRUCTIONS OR HEALTH CARE DECISIONS I MAKE, EITHER 44 VERBALLY OR IN WRITING, WHILE I POSSESS CAPACITY SHALL SUPERSEDE 45 ANY INSTRUCTIONS OR HEALTH CARE DECISIONS MADE BY MY SURROGATE 46 THAT ARE IN MATERIAL CONFLICT WITH THOSE MADE BY ME. 47 48 SIGNATURES: Sign and date the form here: 49 ...(date)... ...(sign your name)... 50 ...(address)... ...(print your name)... 51 ...(city)... ...(state)... 52 53 SIGNATURES OF WITNESSES: 54 First witness Second witness 55 ...(print name)... ...(print name)... 56 ...(address)... ...(address)... 57 ...(city)... ...(state)... ...(city)... ...(state)... 58 ...(signature of witness)... ...(signature of witness)... 59 ...(date)... ...(date)... 60Name:....(Last)....(First)....(Middle Initial)....61In the event that I have been determined to be62incapacitated to provide informed consent for medical treatment63and surgical and diagnostic procedures, I wish to designate as64my surrogate for health care decisions:65Name:66Address:67 68 69........................Zip Code:........70Phone:................71If my surrogate is unwilling or unable to perform his or72her duties, I wish to designate as my alternate surrogate:73Name:74Address:75 76 77........................Zip Code:........78Phone:................79I fully understand that this designation will permit my80designee to make health care decisions and to provide, withhold,81or withdraw consent on my behalf; to apply for public benefits82to defray the cost of health care; and to authorize my admission83to or transfer from a health care facility.84Additional instructions (optional):85................................................................86................................................................87................................................................88I further affirm that this designation is not being made as89a condition of treatment or admission to a health care facility.90I will notify and send a copy of this document to the following91persons other than my surrogate, so they may know who my92surrogate is.93Name:94Name:95................................................................96................................................................97Signed:98Date:99 100 101Witnesses:1.1022.103 Section 10. Section 765.2035, Florida Statutes, is created 104 to read: 105 765.2035 Designation of a health care surrogate for a 106 minor.— 107 (1) A natural guardian as defined in s. 744.301(1), legal 108 custodian, or legal guardian of the person of a minor may 109 designate a competent adult to serve as a surrogate to make 110 health care decisions for the minor. Such designation shall be 111 made by a written document signed by the minor’s principal in 112 the presence of two subscribing adult witnesses. If a minor’s 113 principal is unable to sign the instrument, the principal may, 114 in the presence of witnesses, direct that another person sign 115 the minor’s principal’s name as required by this subsection. An 116 exact copy of the instrument shall be provided to the surrogate. 117 (2) The person designated as surrogate may not act as 118 witness to the execution of the document designating the health 119 care surrogate. 120 (3) A document designating a health care surrogate may also 121 designate an alternate surrogate; however, such designation must 122 be explicit. The alternate surrogate may assume his or her 123 duties as surrogate if the original surrogate is not willing, 124 able, or reasonably available to perform his or her duties. The 125 minor’s principal’s failure to designate an alternate surrogate 126 does not invalidate the designation. 127 (4) If neither the designated surrogate or the designated 128 alternate surrogate is willing, able, or reasonably available to 129 make health care decisions for the minor on behalf of the 130 minor’s principal and in accordance with the minor’s principal’s 131 instructions, s. 743.0645(2) shall apply as if no surrogate had 132 been designated. 133 (5) A natural guardian as defined in s. 744.301(1), legal 134 custodian, or legal guardian of the person of a minor may 135 designate a separate surrogate to consent to mental health 136 treatment for the minor. However, unless the document 137 designating the health care surrogate expressly states 138 otherwise, the court shall assume that the health care surrogate 139 authorized to make health care decisions for a minor under this 140 chapter is also the minor’s principal’s choice to make decisions 141 regarding mental health treatment for the minor. 142 (6) Unless the document states a time of termination, the 143 designation shall remain in effect until revoked by the minor’s 144 principal. An otherwise valid designation of a surrogate for a 145 minor shall not be invalid solely because it was made before the 146 birth of the minor. 147 (7) A written designation of a health care surrogate 148 executed pursuant to this section establishes a rebuttable 149 presumption of clear and convincing evidence of the minor’s 150 principal’s designation of the surrogate and becomes effective 151 pursuant to s. 743.0645(2)(a). 152 Section 11. Section 765.2038, Florida Statutes, is created 153 to read: 154 765.2038 Designation of health care surrogate for a minor; 155 suggested form.—A written designation of a health care surrogate 156 for a minor executed pursuant to this chapter may, but need to 157 be, in the following form: 158 DESIGNATION OF HEALTH CARE SURROGATE 159 FOR MINOR 160 I/We, _...(name/names)..., the [....] natural guardian(s) 161 as defined in s. 744.301(1), Florida Statutes; [....] legal 162 custodian(s); [....] legal guardian(s) [check one] of the 163 following minor(s): 164 165 .......................................; 166 .......................................; 167 ......................................., 168 169 pursuant to s. 765.2035, Florida Statutes, designate the 170 following person to act as my/our surrogate for health care 171 decisions for such minor(s) in the event that I/we am/are not 172 able or reasonably available to provide consent for medical 173 treatment and surgical and diagnostic procedures: 174 175 Name: ...(name)... 176 Address: ...(address)... 177 Zip Code: ...(zip code)... 178 Phone: ...(telephone)... 179 180 If my/our designated health care surrogate for a minor is 181 not willing, able, or reasonably available to perform his or her 182 duties, I/we designate the following person as my/our alternate 183 health care surrogate for a minor: 184 185 Name: ...(name)... 186 Address: ...(address)... 187 Zip Code: ...(zip code)... 188 Phone: ...(telephone)... 189 190 I/We authorize and request all physicians, hospitals, or 191 other providers of medical services to follow the instructions 192 of my/our surrogate or alternate surrogate, as the case may be, 193 at any time and under any circumstances whatsoever, with regard 194 to medical treatment and surgical and diagnostic procedures for 195 a minor, provided the medical care and treatment of any minor is 196 on the advice of a licensed physician. 197 198 I/We fully understand that this designation will permit 199 my/our designee to make health care decisions for a minor and to 200 provide, withhold, or withdraw consent on my/our behalf, to 201 apply for public benefits to defray the cost of health care, and 202 to authorize the admission or transfer of a minor to or from a 203 health care facility. 204 205 I/We will notify and send a copy of this document to the 206 following person(s) other than my/our surrogate, so that they 207 may know the identity of my/our surrogate: 208 209 Name: ...(name)... 210 Name: ...(name)... 211 212 Signed: ...(signature)... 213 Date: ...(date)... 214 215 WITNESSES: 216 1. ...(witness)... 217 2. ...(witness)... 218 Section 12. Section 765.204, Florida Statutes, is amended 219 to read: 220 765.204 Capacity of principal; procedure.— 221 (1) A principal is presumed to be capable of making health 222 care decisions for herself or himself unless she or he is 223 determined to be incapacitated. While a principal has 224 decisionmaking capacity, the principal’s wishes are controlling. 225 Each physician or health care provider must clearly communicate 226 to a principal with decisionmaking capacity the treatment plan 227 and any change to the treatment plan prior to implementation of 228 the plan or the change to the plan. Incapacity may not be 229 inferred from the person’s voluntary or involuntary 230 hospitalization for mental illness or from her or his 231 intellectual disability. 232 233 ================= T I T L E A M E N D M E N T ================ 234 And the title is amended as follows: 235 Delete line 42 236 and insert: 237 minor; amending s. 765.204, F.S.; specifying that a 238 principal’s wishes are controlling while he or she has 239 decisionmaking capacity; providing a duty for health 240 care providers to communicate to such a principal; 241 conforming