Florida Senate - 2024                                     SB 390
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00439-24                                            2024390__
    1                        A bill to be entitled                      
    2         An act relating to patient-directed doctor’s orders;
    3         amending ss. 395.1041, 400.142, and 400.487, F.S.;
    4         authorizing specified personnel of hospitals, nursing
    5         homes, and home health agencies, respectively, to
    6         withhold or withdraw cardiopulmonary resuscitation if
    7         presented with a patient-directed doctor’s order
    8         (PDDO) form that contains an order not to resuscitate;
    9         providing such personnel and their employing
   10         facilities and agencies with immunity from criminal
   11         prosecution or civil liability for such actions;
   12         revising construction; amending s. 400.605, F.S.;
   13         requiring the Agency for Health Care Administration to
   14         adopt by rule procedures for the implementation of
   15         PDDO forms in hospice care; amending s. 400.6095,
   16         F.S.; authorizing hospice care teams to withhold or
   17         withdraw cardiopulmonary resuscitation if presented
   18         with a PDDO form that contains an order not to
   19         resuscitate; providing hospice staff with immunity
   20         from criminal prosecution or civil liability for such
   21         actions; revising construction; amending s. 401.35,
   22         F.S.; requiring the Department of Health to establish
   23         by rule circumstances and procedures under which
   24         emergency medical technicians and paramedics may honor
   25         PDDO forms; amending s. 401.45, F.S.; authorizing
   26         emergency medical personnel and other health care
   27         professionals to withhold or withdraw cardiopulmonary
   28         resuscitation or other forms of medical interventions
   29         if presented with a PDDO form that contains an order
   30         not to resuscitate; conforming provisions to changes
   31         made by the act; prohibiting physician assistants from
   32         signing PDDO forms under certain circumstances;
   33         creating s. 401.451, F.S.; requiring a patient
   34         directed doctor’s order to be on a form adopted by
   35         department rule; specifying requirements for the form;
   36         authorizing a legal representative to revoke a PDDO
   37         form on behalf of a patient, with an exception;
   38         providing legal representatives with immunity from
   39         criminal and civil liability for, in good faith,
   40         executing a PDDO form on behalf of a patient;
   41         providing for expedited judicial intervention under
   42         certain circumstances; providing duties of the
   43         department; providing for the recognition of PDDO
   44         forms executed by a provider from a different health
   45         care facility or from another state under certain
   46         circumstances; providing specified health care
   47         professionals immunity from criminal or civil
   48         liability for acting in good faith to comply with a
   49         PDDO; requiring health care facilities that receive a
   50         patient transfer to review the patient’s PDDO form, if
   51         any; specifying which document takes precedence when
   52         directives in PDDO forms conflict with other advance
   53         directives; prohibiting health care facilities and
   54         health care providers from requiring execution,
   55         revision, or revocation of a PDDO form to receive
   56         medical services or for admission to the facility;
   57         providing for the revocation of PDDO forms under
   58         certain circumstances; providing that the presence or
   59         absence of PDDO forms does not affect, impair, or
   60         modify certain insurance contracts and may not be the
   61         basis for delaying issuance of or refusing to issue
   62         certain insurance policies or for modifying premiums;
   63         specifying that PDDO forms are invalid if executed in
   64         exchange for payment or other remuneration; requiring
   65         the agency to create and maintain a database for the
   66         optional storage of PDDO forms by the department;
   67         providing construction; amending s. 429.255, F.S.;
   68         authorizing assisted living facility personnel to
   69         withhold or withdraw cardiopulmonary resuscitation or
   70         the use of an automated external defibrillator if
   71         presented with a PDDO form that contains an order not
   72         to resuscitate; providing facility staff and
   73         facilities with immunity from criminal prosecution or
   74         civil liability for such actions; providing that the
   75         absence of a PDDO form does not preclude physicians
   76         from withholding or withdrawing cardiopulmonary
   77         resuscitation or the use of an automated external
   78         defibrillator; amending s. 429.73, F.S.; requiring the
   79         agency to adopt rules for the implementation of PDDO
   80         forms in adult family-care homes; authorizing
   81         providers of such homes to withhold or withdraw
   82         cardiopulmonary resuscitation if presented with a PDDO
   83         form that contains an order not to resuscitate;
   84         providing such providers with immunity from criminal
   85         prosecution or civil liability for such actions;
   86         amending s. 456.072, F.S.; authorizing licensees to
   87         withhold or withdraw cardiopulmonary resuscitation or
   88         the use of an automated external defibrillator if
   89         presented with orders not to resuscitate or a PDDO
   90         form that contains an order not to resuscitate;
   91         requiring the department to adopt rules providing for
   92         the implementation of such orders or forms; providing
   93         licensees with immunity from criminal prosecution or
   94         civil liability for withholding or withdrawing
   95         cardiopulmonary resuscitation or the use of an
   96         automated external defibrillator if presented with
   97         such orders or forms; providing that the absence of
   98         such orders or forms does not preclude licensees from
   99         withholding or withdrawing cardiopulmonary
  100         resuscitation or the use of an automated external
  101         defibrillator; amending s. 765.205, F.S.; requiring
  102         health care surrogates to provide written consent for
  103         PDDO forms under certain circumstances; providing an
  104         effective date.
  105          
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Paragraph (l) of subsection (3) of section
  109  395.1041, Florida Statutes, is amended to read:
  110         395.1041 Access to and ensurance of emergency services;
  111  transfers; patient rights; diversion programs; reports of
  112  controlled substance overdoses.—
  113         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
  114  FACILITY OR HEALTH CARE PERSONNEL.—
  115         (l) Hospital personnel may withhold or withdraw
  116  cardiopulmonary resuscitation if presented with an order not to
  117  resuscitate executed pursuant to s. 401.45 or a patient-directed
  118  doctor’s order (PDDO) form executed pursuant to s. 401.451 which
  119  contains an order not to resuscitate. Facility staff and
  120  facilities are shall not be subject to criminal prosecution or
  121  civil liability, and are not nor be considered to have engaged
  122  in negligent or unprofessional conduct, for withholding or
  123  withdrawing cardiopulmonary resuscitation pursuant to such an
  124  order or PDDO form. The absence of an order not to resuscitate
  125  executed pursuant to s. 401.45 or a PDDO form executed pursuant
  126  to s. 401.451 which contains an order not to resuscitate does
  127  not preclude a physician from withholding or withdrawing
  128  cardiopulmonary resuscitation as otherwise authorized permitted
  129  by law.
  130         Section 2. Subsection (3) of section 400.142, Florida
  131  Statutes, is amended to read:
  132         400.142 Emergency medication kits; orders not to
  133  resuscitate.—
  134         (3) Facility staff may withhold or withdraw cardiopulmonary
  135  resuscitation if presented with an order not to resuscitate
  136  executed pursuant to s. 401.45 or a patient-directed doctor’s
  137  order (PDDO) form executed pursuant to s. 401.451 which contains
  138  an order not to resuscitate. Facility staff and facilities are
  139  not subject to criminal prosecution or civil liability, or
  140  considered to have engaged in negligent or unprofessional
  141  conduct, for withholding or withdrawing cardiopulmonary
  142  resuscitation pursuant to such an order or PDDO form. The
  143  absence of an order not to resuscitate executed pursuant to s.
  144  401.45 or a PDDO form executed pursuant to s. 401.451 which
  145  contains an order not to resuscitate does not preclude a
  146  physician from withholding or withdrawing cardiopulmonary
  147  resuscitation as otherwise authorized permitted by law.
  148         Section 3. Subsection (7) of section 400.487, Florida
  149  Statutes, is amended to read:
  150         400.487 Home health service agreements; physician’s,
  151  physician assistant’s, and advanced practice registered nurse’s
  152  treatment orders; patient assessment; establishment and review
  153  of plan of care; provision of services; orders not to
  154  resuscitate; patient-directed doctor’s orders for life
  155  sustaining treatment.—
  156         (7) Home health agency personnel may withhold or withdraw
  157  cardiopulmonary resuscitation if presented with an order not to
  158  resuscitate executed pursuant to s. 401.45 or a patient-directed
  159  doctor’s order (PDDO) form executed pursuant to s. 401.451 which
  160  contains an order not to resuscitate. The agency shall adopt
  161  rules providing for the implementation of such orders. Home
  162  health personnel and agencies are shall not be subject to
  163  criminal prosecution or civil liability, and are not nor be
  164  considered to have engaged in negligent or unprofessional
  165  conduct, for withholding or withdrawing cardiopulmonary
  166  resuscitation pursuant to such an order or PDDO form and rules
  167  adopted by the agency.
  168         Section 4. Paragraph (e) of subsection (1) of section
  169  400.605, Florida Statutes, is amended to read:
  170         400.605 Administration; forms; fees; rules; inspections;
  171  fines.—
  172         (1) The agency shall by rule establish minimum standards
  173  and procedures for a hospice pursuant to this part. The rules
  174  must include:
  175         (e) Procedures relating to the implementation of advance
  176  advanced directives; patient-directed doctor’s order (PDDO)
  177  forms executed pursuant to s. 401.451 which contain orders not
  178  to resuscitate; and orders not to resuscitate do-not-resuscitate
  179  orders.
  180         Section 5. Subsection (8) of section 400.6095, Florida
  181  Statutes, is amended to read:
  182         400.6095 Patient admission; assessment; plan of care;
  183  discharge; death.—
  184         (8) The hospice care team may withhold or withdraw
  185  cardiopulmonary resuscitation if presented with an order not to
  186  resuscitate executed pursuant to s. 401.45 or a patient-directed
  187  doctor’s order (PDDO) form executed pursuant to s. 401.451 which
  188  contains an order not to resuscitate. The agency shall adopt
  189  rules providing for the implementation of such orders. Hospice
  190  staff are shall not be subject to criminal prosecution or civil
  191  liability, and are not nor be considered to have engaged in
  192  negligent or unprofessional conduct, for withholding or
  193  withdrawing cardiopulmonary resuscitation pursuant to such an
  194  order or PDDO form and applicable rules. The absence of an order
  195  to resuscitate executed pursuant to s. 401.45 or a PDDO form
  196  executed pursuant to s. 401.451 which contains an order not to
  197  resuscitate does not preclude a physician from withholding or
  198  withdrawing cardiopulmonary resuscitation as otherwise
  199  authorized permitted by law.
  200         Section 6. Subsection (4) of section 401.35, Florida
  201  Statutes, is amended to read:
  202         401.35 Rules.—The department shall adopt rules, including
  203  definitions of terms, necessary to carry out the purposes of
  204  this part.
  205         (4) The rules must establish circumstances and procedures
  206  under which emergency medical technicians and paramedics may
  207  honor orders by the patient’s physician not to resuscitate
  208  executed pursuant to s. 401.45 or patient-directed doctor’s
  209  order (PDDO) forms executed pursuant to s. 401.451 which contain
  210  orders not to resuscitate and the documentation and reporting
  211  requirements for handling such requests.
  212         Section 7. Paragraph (a) of subsection (3) of section
  213  401.45, Florida Statutes, is amended to read:
  214         401.45 Denial of emergency treatment; civil liability.—
  215         (3)(a) Resuscitation or other forms of medical intervention
  216  may be withheld or withdrawn from a patient by an emergency
  217  medical technician, a or paramedic, or another health care
  218  professional if evidence of an order not to resuscitate by the
  219  patient’s physician or physician assistant or a patient-directed
  220  doctor’s order (PDDO) form executed pursuant to s. 401.451 which
  221  contains an order not to resuscitate is presented to the
  222  emergency medical technician, or paramedic, or other health care
  223  professional. To be valid, an order not to resuscitate or not to
  224  perform other medical intervention, to be valid, must be on the
  225  form adopted by rule of the department. The form must be signed
  226  by the patient’s physician or physician assistant and by the
  227  patient or, if the patient is incapacitated, the patient’s
  228  health care surrogate or proxy as provided in chapter 765,
  229  court-appointed guardian as provided in chapter 744, or attorney
  230  in fact under a durable power of attorney as provided in chapter
  231  709; however, a physician assistant may not sign a patient
  232  directed doctor’s order form executed pursuant to s. 401.451
  233  which contains an order not to resuscitate. The court-appointed
  234  guardian or attorney in fact must have been delegated authority
  235  to make health care decisions on behalf of the patient.
  236         Section 8. Section 401.451, Florida Statutes, is created to
  237  read:
  238         401.451Patient-Directed Doctor’s Order Program.—
  239         (1)PATIENT-DIRECTED DOCTOR’S ORDER FORM.—A patient
  240  directed doctor’s order (PDDO) must be on a form adopted by
  241  department rule which must include the statutory requirements
  242  specified in this section and must be executed as required by
  243  this section.
  244         (a)A PDDO form may be completed only by or for a patient
  245  determined by the patient’s physician to have an end-stage
  246  condition as defined in s. 765.101 or a patient who, in the good
  247  faith clinical judgment of his or her physician, is suffering
  248  from at least one terminal medical condition that will likely
  249  result in the death of the patient within 1 year.
  250         (b)A PDDO form must be signed by the patient’s physician.
  251  The form must contain a certification by the physician signing
  252  the PDDO form that the physician consulted with the patient
  253  signing the form or, if the patient is incapable of making
  254  health care decisions for himself or herself or is
  255  incapacitated, consulted with the patient’s health care
  256  surrogate, proxy, court-appointed guardian, or attorney in fact
  257  authorized to execute a PDDO form on behalf of the patient as
  258  provided in paragraph (c). The form must also include
  259  information about the patient’s care goals and preferences
  260  selected as reflected on the PDDO form, specifically relating to
  261  the use of and the effect of removal or refusal of life
  262  sustaining medical treatment. The physician signing the PDDO
  263  form must further indicate the medical circumstance justifying
  264  the execution of the PDDO.
  265         (c)A PDDO form must also be signed by the patient or, if
  266  the patient is incapable of making health care decisions for
  267  himself or herself or is incapacitated, the patient’s health
  268  care surrogate or proxy as provided in chapter 765, court
  269  appointed guardian as provided in chapter 744, or attorney in
  270  fact as provided in chapter 709. If a PDDO form is signed by a
  271  health care surrogate, proxy, court-appointed guardian, or
  272  attorney in fact, the patient’s physician must certify the basis
  273  for the authority of the appropriate individual to execute the
  274  PDDO form on behalf of the patient, including compliance with
  275  chapter 765, chapter 744, or chapter 709.
  276         (d)The execution of a PDDO form by the patient
  277  automatically revokes any PDDO forms previously executed by the
  278  patient.
  279         (e)A patient’s health care surrogate, proxy, court
  280  appointed guardian, or attorney in fact authorized to execute a
  281  PDDO form on behalf of a patient as provided in paragraph (c)
  282  may subsequently revoke a PDDO form for a patient, unless a
  283  valid advance directive or prior PDDO form executed by the
  284  patient expressly forbids changes by a surrogate, proxy,
  285  guardian, or attorney in fact.
  286         (f)An individual acting in good faith as a surrogate,
  287  proxy, court-appointed guardian, or attorney in fact who
  288  executes a PDDO form on behalf of an incapacitated patient in
  289  accordance with this section and rules adopted by the department
  290  is not subject to criminal prosecution or civil liability for
  291  executing the PDDO form.
  292         (g)If a family member of the patient, the health care
  293  facility providing services to the patient, or the patient’s
  294  physician who may reasonably be expected to be affected by the
  295  patient’s PDDO form directives believes that directives executed
  296  by the patient’s legal representative are in conflict with the
  297  patient’s prior expressed desires regarding end-of-life care,
  298  the family member, facility, or physician may seek expedited
  299  judicial intervention pursuant to the Florida Probate Rules if:
  300         1.The PDDO form regarding the patient’s wishes regarding
  301  life-sustaining treatment is ambiguous or the patient has
  302  changed his or her mind after execution of the advance directive
  303  or PDDO form;
  304         2.The PDDO form was executed by a surrogate, proxy, court
  305  appointed guardian, or attorney in fact authorized to execute a
  306  PDDO form on behalf of a patient as provided in paragraph (c)
  307  and the PDDO form is not in accord with the patient’s known
  308  desires or with chapter 765, chapter 744, or chapter 709;
  309         3.The PDDO form was executed by a surrogate, proxy, court
  310  appointed guardian, or attorney in fact authorized to execute a
  311  PDDO form on behalf of a patient as provided in paragraph (c)
  312  and the surrogate, proxy, court-appointed guardian, or attorney
  313  in fact was improperly designated or appointed, or the
  314  designation of the surrogate, proxy, court-appointed guardian,
  315  or attorney in fact is no longer effective or has been removed;
  316         4.The surrogate, proxy, court-appointed guardian, or
  317  attorney in fact who executed the PDDO form on behalf of the
  318  patient as provided in paragraph (c) has failed to discharge his
  319  or her duties, or incapacity or illness renders him or her
  320  incapable of discharging those duties;
  321         5.The PDDO was executed by a surrogate, proxy, court
  322  appointed guardian, or attorney in fact authorized to execute a
  323  PDDO form on behalf of a patient as provided in paragraph (c)
  324  who has abused his or her powers; or
  325         6.The patient has sufficient capacity to make his or her
  326  own health care decisions.
  327         (h)A PDDO form may not include a directive regarding
  328  hydration or the preselection of any decision or directive. A
  329  PDDO form must be voluntarily executed by the patient or, if the
  330  patient is incapacitated, the patient’s legal representative,
  331  and all directives included in the form must be made by the
  332  patient or, if the patient is incapacitated, the patient’s legal
  333  representative at the time of signing the form. A PDDO form is
  334  not valid and may not be included in a patient’s medical records
  335  or submitted to the database as provided in subsection (10)
  336  unless the form:
  337         1.Is clearly printed on one or both sides of a single
  338  piece of paper as determined by department rule;
  339         2.Includes the signatures of the patient and the patient’s
  340  examining physician or, if the patient is incapacitated, the
  341  patient’s legal representative and the patient’s examining
  342  physician. The PDDO form may be executed only after the
  343  examining physician consults with the patient or the patient’s
  344  legal representative, as appropriate;
  345         3.Prominently states that completion of a PDDO form is
  346  voluntary, that the execution or use of a PDDO form may not be
  347  required as a condition for medical treatment, and that a PDDO
  348  form may not be given effect if the patient is conscious and
  349  competent to make health care decisions;
  350         4.Prominently provides in a conspicuous location on the
  351  form a space for the patient’s examining physician to attest
  352  that, in his or her clinical judgment and with good faith, at
  353  the time the PDDO form is completed and signed, the patient has
  354  the ability to make and communicate health care decisions or, if
  355  the patient is incapacitated, that the patient’s legal
  356  representative has such ability;
  357         5.Includes an expiration date, provided by the patient’s
  358  examining physician, that is within 1 year after the patient or
  359  the patient’s legal representative signs the form or that is
  360  contingent on completion of the course of treatment addressed in
  361  the PDDO form, whichever occurs first; and
  362         6.Identifies the medical condition or conditions, provided
  363  by the patient’s examining physician, that necessitate the PDDO
  364  form.
  365         (2)DUTIES OF THE DEPARTMENT.—The department shall do all
  366  of the following:
  367         (a)Adopt rules to implement and administer the PDDO
  368  program.
  369         (b)Prescribe a standardized PDDO form.
  370         (c)Provide the PDDO form in an electronic format on the
  371  department’s website and prominently state on the website the
  372  requirements for a PDDO form as specified under paragraph
  373  (3)(a).
  374         (d)Consult with health care professional licensing groups,
  375  provider advocacy groups, medical ethicists, and other
  376  appropriate stakeholders on the development of rules and forms
  377  to implement and administer the PDDO program.
  378         (e)Recommend a uniform method of identifying persons who
  379  have executed a PDDO form and providing health care providers
  380  with contact information regarding the person’s primary health
  381  care provider.
  382         (f)Oversee the education of health care providers licensed
  383  by the department regarding implementation of the PDDO program.
  384         (g)Develop a process for collecting provider feedback to
  385  enable periodic redesign of the PDDO form in accordance with
  386  current health care best practices.
  387         (3)DUTY TO COMPLY WITH PDDO; OUT-OF-STATE PDDO; LIMITED
  388  IMMUNITY.—
  389         (a)Emergency medical service personnel, health care
  390  providers, physicians, and health care facilities, absent actual
  391  notice of revocation or termination of a PDDO form, may comply
  392  with the orders on a person’s PDDO form, without regard to
  393  whether the PDDO ordering provider is on the medical staff of
  394  the treating health care facility. If the PDDO-ordering provider
  395  is not on the medical staff of the treating health care
  396  facility, the PDDO form must be reviewed by the treating health
  397  care professional at the receiving facility with the patient or
  398  the patient’s health care surrogate, proxy, court-appointed
  399  guardian, or attorney in fact authorized to execute a PDDO form
  400  on behalf of a patient as provided in paragraph (1)(c) and made
  401  into a medical order at the receiving facility, unless the PDDO
  402  form is replaced or voided as provided in this act.
  403         (b)A PDDO form from another state, absent actual notice of
  404  revocation or termination, is presumed valid and is effective in
  405  this state and must be complied with to the same extent as a
  406  PDDO form executed in this state.
  407         (c)Any licensee, physician, medical director, or emergency
  408  medical technician or paramedic who acts in good faith on a PDDO
  409  is not subject to criminal prosecution or civil liability, and
  410  has not engaged in negligent or unprofessional conduct, as a
  411  result of carrying out the directives of the PDDO made in
  412  accordance with this section and rules adopted by the
  413  department.
  414         (4)PATIENT TRANSFER; PDDO FORM REVIEW REQUIRED.—If a
  415  patient whose goals and preferences for care have been entered
  416  in a valid PDDO form is transferred from one health care
  417  facility or level of care to another, the health care facility
  418  or level of care initiating the transfer must communicate the
  419  existence of the PDDO form to the receiving facility or level of
  420  care before the transfer. Upon the patient’s transfer, the
  421  treating health care provider at the receiving facility or level
  422  of care must review the PDDO form with the patient or, if the
  423  patient is incapacitated, the patient’s health care surrogate,
  424  proxy, court-appointed guardian, or attorney in fact.
  425         (5)CONFLICTS WITH ADVANCE DIRECTIVES.—To the extent that a
  426  directive made on a patient’s PDDO form conflicts with another
  427  advance directive of the patient which addresses a substantially
  428  similar health care condition or treatment, the document most
  429  recently signed by the patient takes precedence. Such directives
  430  may include, but are not limited to:
  431         (a)A living will.
  432         (b)A health care power of attorney.
  433         (c)A PDDO form for a specific medical condition or
  434  treatment.
  435         (d)An order not to resuscitate.
  436         (6)PDDO FORM NOT A PREREQUISITE.—A PDDO form may not be a
  437  prerequisite for receiving medical services or for admission to
  438  a health care facility. A health care facility or health care
  439  provider may not require an individual to complete, revise, or
  440  revoke a PDDO form as a condition of receiving medical services
  441  or treatment or as a condition of admission. The execution,
  442  revision, or revocation of a PDDO form must be a voluntary
  443  decision of the patient or, if the patient is incapacitated, the
  444  patient’s legal representative.
  445         (7)REVOCATION OF A PDDO FORM.—
  446         (a)A PDDO form may be revoked at any time by a patient
  447  deemed to have capacity by means of:
  448         1.A signed, dated writing;
  449         2.The physical cancellation or destruction of the PDDO
  450  form by the patient or by another in the patient’s presence and
  451  at the patient’s direction;
  452         3.An oral expression of intent to revoke; or
  453         4.A subsequently executed PDDO form or advance directive
  454  that is materially different from a previously executed PDDO
  455  form or advance directive.
  456         (b)A surrogate, proxy, court-appointed guardian, or
  457  attorney in fact authorized to execute a PDDO form on behalf of
  458  a patient as provided in paragraph (1)(c) who created a PDDO
  459  form for a patient may revoke a PDDO form at any time in a
  460  writing signed by such surrogate, proxy, court-appointed
  461  guardian, or attorney in fact.
  462         (c)Any revocation of a PDDO form shall be promptly
  463  communicated to the patient’s primary health care provider,
  464  primary physician, any health care facility at which the patient
  465  is receiving care, and, if applicable, the Agency for Health
  466  Care Administration for purposes of updating the database. A
  467  health care professional, surrogate, proxy, court-appointed
  468  guardian, or attorney in fact who is informed of the revocation
  469  of a PDDO form shall promptly communicate the fact of the
  470  revocation to the patient’s primary care physician, the current
  471  supervising health care professional, and any health care
  472  facility at which the patient is receiving care, to the extent
  473  known to the surrogate, proxy, court-appointed guardian, or
  474  attorney in fact.
  475         (d)Upon revocation, a PDDO form is void. A PDDO form may
  476  be revoked only in its entirety. A partial revocation of a PDDO
  477  form renders the entirety of the PDDO form void.
  478         (8)INSURANCE NOT AFFECTED.—The presence or absence of a
  479  PDDO form does not affect, impair, or modify a contract of life
  480  or health insurance or an annuity to which an individual is a
  481  party and may not serve as the basis for a delay in issuing or
  482  refusing to issue a policy of life or health insurance or an
  483  annuity or for an increase or decrease in premiums charged to
  484  the individual.
  485         (9)INVALIDITY.—A PDDO form is invalid if payment or other
  486  remuneration was offered or made in exchange for execution of
  487  the form.
  488         (10)DATABASE.—The Agency for Health Care Administration
  489  shall create and maintain a database for the storage of PDDO
  490  forms, which shall be stored solely at the option of the patient
  491  in electronic form by the department.
  492         (11)CONSTRUCTION.—This section may not be construed to
  493  condone, authorize, or approve mercy killing or euthanasia. The
  494  Legislature does not intend that this act be construed as
  495  authorizing an affirmative or deliberate act to end an
  496  individual’s life, except to allow the natural process of dying.
  497         Section 9. Subsection (4) of section 429.255, Florida
  498  Statutes, is amended to read:
  499         429.255 Use of personnel; emergency care.—
  500         (4) Facility staff may withhold or withdraw cardiopulmonary
  501  resuscitation or the use of an automated external defibrillator
  502  if presented with an order not to resuscitate executed pursuant
  503  to s. 401.45 or a patient-directed doctor’s order (PDDO) form
  504  executed pursuant to s. 401.451 which contains an order not to
  505  resuscitate. The agency shall adopt rules providing for the
  506  implementation of such an order or PDDO form orders. Facility
  507  staff and facilities are may not be subject to criminal
  508  prosecution or civil liability, and are not nor be considered to
  509  have engaged in negligent or unprofessional conduct, for
  510  withholding or withdrawing cardiopulmonary resuscitation or the
  511  use of an automated external defibrillator pursuant to such an
  512  order or PDDO form and rules adopted by the agency. The absence
  513  of an order not to resuscitate executed pursuant to s. 401.45 or
  514  a PDDO form executed pursuant to s. 401.451 which contains an
  515  order not to resuscitate does not preclude a physician from
  516  withholding or withdrawing cardiopulmonary resuscitation or the
  517  use of an automated external defibrillator as otherwise
  518  authorized permitted by law.
  519         Section 10. Subsection (3) of section 429.73, Florida
  520  Statutes, is amended to read:
  521         429.73 Rules and standards relating to adult family-care
  522  homes.—
  523         (3) The agency shall adopt rules providing for the
  524  implementation of orders not to resuscitate and patient-directed
  525  doctor’s order (PDDO) forms executed pursuant to s. 401.451
  526  which contain orders not to resuscitate. The provider may
  527  withhold or withdraw cardiopulmonary resuscitation if presented
  528  with an order not to resuscitate executed pursuant to s. 401.45
  529  or a PDDO form executed pursuant to s. 401.451 which contains an
  530  order not to resuscitate. The provider is shall not be subject
  531  to criminal prosecution or civil liability, and is not nor be
  532  considered to have engaged in negligent or unprofessional
  533  conduct, for withholding or withdrawing cardiopulmonary
  534  resuscitation pursuant to such an order or PDDO form and
  535  applicable rules.
  536         Section 11. Present subsections (7) and (8) of section
  537  456.072, Florida Statutes, are redesignated as subsections (8)
  538  and (9), respectively, and a new subsection (7) is added to that
  539  section, to read:
  540         456.072 Grounds for discipline; penalties; enforcement.—
  541         (7)A licensee may withhold or withdraw cardiopulmonary
  542  resuscitation or the use of an automated external defibrillator
  543  if presented with an order not to resuscitate executed pursuant
  544  to s. 401.45 or a patient-directed doctor’s order (PDDO) form
  545  executed pursuant to s. 401.451 which contains an order not to
  546  resuscitate. The department shall adopt rules providing for the
  547  implementation of such an order or PDDO form. A licensee is not
  548  subject to criminal prosecution or civil liability, and is not
  549  considered to have engaged in negligent or unprofessional
  550  conduct, for withholding or withdrawing cardiopulmonary
  551  resuscitation or the use of an automated external defibrillator
  552  if presented with such an order or PDDO form. The absence of
  553  such an order or PDDO form does not preclude a licensee from
  554  withholding or withdrawing cardiopulmonary resuscitation or the
  555  use of an automated external defibrillator as otherwise
  556  authorized by law.
  557         Section 12. Paragraph (c) of subsection (1) of section
  558  765.205, Florida Statutes, is amended to read:
  559         765.205 Responsibility of the surrogate.—
  560         (1) The surrogate, in accordance with the principal’s
  561  instructions, unless such authority has been expressly limited
  562  by the principal, shall:
  563         (c) Provide written consent using an appropriate form
  564  whenever consent is required, including a physician’s order not
  565  to resuscitate or a patient-directed doctor’s order (PDDO) form
  566  executed pursuant to s. 401.451 which contains an order not to
  567  resuscitate.
  568         Section 13. This act shall take effect July 1, 2024.