Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS for CS for SB 1224
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/23/2015 03:48 PM .
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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)...
60 Name:....(Last)....(First)....(Middle Initial)....
61 In the event that I have been determined to be
62 incapacitated to provide informed consent for medical treatment
63 and surgical and diagnostic procedures, I wish to designate as
64 my surrogate for health care decisions:
65 Name:
66 Address:
67
68
69 ........................ Zip Code:........
70 Phone:................
71 If my surrogate is unwilling or unable to perform his or
72 her duties, I wish to designate as my alternate surrogate:
73 Name:
74 Address:
75
76
77 ........................ Zip Code:........
78 Phone:................
79 I fully understand that this designation will permit my
80 designee to make health care decisions and to provide, withhold,
81 or withdraw consent on my behalf; to apply for public benefits
82 to defray the cost of health care; and to authorize my admission
83 to or transfer from a health care facility.
84 Additional instructions (optional):
85 ................................................................
86 ................................................................
87 ................................................................
88 I further affirm that this designation is not being made as
89 a condition of treatment or admission to a health care facility.
90 I will notify and send a copy of this document to the following
91 persons other than my surrogate, so they may know who my
92 surrogate is.
93 Name:
94 Name:
95 ................................................................
96 ................................................................
97 Signed:
98 Date:
99
100
101 Witnesses: 1.
102 2.
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