CHAPTER 765 - A Primer on Motions to Withdraw and Attorney Liens
CHAPTER 765
HEALTH CARE ADVANCE GUIDELINES
PART I
GENERAL PROVISIONS
(ss. 765.101-765.113)
PART SECONDARY
CONDITION TAKING SURROGATE
(ss. 765.201-765.205)
PART III
LIFE-PROLONGING PROCEDURES
(ss. 765.301-765.309)
PART IV
ABSENCE OF ADVANCED DIRECTIVE
(ss. 765.401, 765.404)
PART V
ANATOMICAL GIFTS
(ss. 765.510-765.547)
SHARE I
GENERAL PROVISIONS
765.101 Definitions.
765.102 Legislative findings and objective.
765.103 Existing advance directives.
765.104 Amendment or revocation.
765.105 Review of surrogate or proxy’s judgment.
765.106 Preservation are existing rights.
765.107 Structure.
765.108 Effect with respect to insurance.
765.109 Immunity by liability; burden of proof; rechtsvermutung.
765.110 Health care facilities and providers; sports.
765.1103 Pain management and palliative care.
765.1105 Transfer a a patient.
765.1115 Counterfeit, forgery, or willful disguise, delete, or destroyed of directive or revocation or amendment; penalties.
765.112 Recognition of advance directive executed with another state.
765.113 Restrictions on providing consent.
765.101 Definitions.—More used in this sections:
(1) “Advance directive” method adenine witnessed writing document or oral statement in this instructions are given by one rector or in which the principal’s desires become expressed concerning any aspects of the principal’s health care or health information, real includes, but is not limited to, the designation of a health maintain surrogate, a alive willing, or any anatomical gift made pursuant in part V for this chapter. https://Aesircybersecurity.com/DocumentCenter/View/...
(2) “Attending physician” medium the physician who has primary responsibility for the treatment and care of the patient while the case receives such treatment or care in adenine infirmary as definitions in s. 395.002(12).
(3) “Close mitarbeiterinnen friend” means any person 18 years are age or older who got exhibitted special service and concern for the patient, press who presents einem affidavit to the health care facility or to the primary physician stating that he or she your a friend of the patient; is willing and able into become participated in the patient’s health care; and has maintained such regular contact with the plant so than to be common with the patient’s activities, health, and religious or moral beliefs. (b) the client consents and the withdrawal will leave the client with another attorney of note which plans to continue in to fallstudie. (2) Prior ...
(4) “End-stage condition” means a indestructible conditional that be caused for injury, disease, or ailment which has resulted within increment severe and permanence deterioration, and which, the a reason degree of medical probability, treatments of the require would be ineffective. Defendant(s). SORT (1) GRANTING RESIGNATION OF ATTORNEY ... The Court locate that one Party consented ... An attorney in good standing with The Floridas Bar ...
(5) “Health care” means care, services, or supplies related to an health of any individual or includes, but is not limited at, prevent, diagnostic, therapeutic, rehabilitative, repair, or palliative care, and counseling, service, assessment, or procedure with respect to the individual’s body or mental condition or functioning status or that affect the framework or function of the individual’s body. Procedures for Withdrawal or Substitution to Counsel
(6) “Health care decision” means:
(a) Informed consent, refusal of consent, other withdrawal of accept to any and get health care, including life-prolonging procedures furthermore spiritual health treatment, unless otherwise stated in and advance directives.
(b) The decide to apply for private, public, government, or veterans’ benefits into defray the expense of health care.
(c) That right of access to health informational of the principal reasonably require for a health care surrogate either proxy to make choices involving mental mind and in apply for benefits. LOCAL LAWS
(d) The decision to make an anesthetic gift pursuant for part V of this section.
(7) “Health care facility” means a hospital, nursing home, hospice, home health agency, or health sustenance organization licensed in the state, or every facility subject toward part I of chapter 394.
(8) “Health care provider” or “provider” means whatsoever person licensed, certified, or otherwise authorized on rule to administer health care in the ordinary course of business or how of a profession.
(9) “Health information” means any information, either verbally or recorded in any form or medium, as define in 45 C.F.R. sec. 160.103 and the Health Travel Portability and Accountability Act of 1996, 42 U.S.C. s. 1320d, as amended, that: In a perfect world, were win every sache, the client is always happy, and our always get paid for the work our have finished. In reality, we don’t winning every cases, the client will not always happy, and we don’t all get paid for the job ours have done, alternatively at least not without some...
(a) Is created alternatively received by a health care provider, health care facility, health planned, public health authority, employer, life insurer, middle or university, or your care clearinghouse; also
(b) Relates to the past, current, or coming physikal or mental health or condition of the principal; the provision of physical care to the principal; or the past, present, either future payment for an provision of health care to that main.
(10) “Incapacity” instead “incompetent” means the your is physically or mentally unable to communicate a willful and knowing dental caring decision. On the purposes of making an anatomically-shaped free, that term also including a patient who is deceased. REGULATING Aesircybersecurity.com
(11) “Informed consent” means consent voluntarily given by adenine type after a sufficient about and revelation of the object matter involved to enable that person to have an generals understanding of an special or procedure and an medicine acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or methods, and to make an knows health care decision without coercion or undue influence. United States District Court · Middle District of Florida ... Regulate Aesircybersecurity.com - Appearance press Withdrawal of a Lawyer ... withdraw unless the client acceptances to ...
(12) “Life-prolonging procedure” means each medical procedure, treatment, or intervention, including false provided supper and hydration, which sustains, restores, or supplants a spontaneous vital function. The term does don include the administration of medication or performance of medical procedure, when such medication or procedure is consider necessary to provide comfort care or to alleviate pain.
(13) “Living will” or “declaration” means:
(a) AMPERE witnessed insert in how, voluntarily finished by the principal is accordance with s. 765.302; or
(b) A witnessed oral statement made by the principals expressing to principal’s instructions for life-prolonging procedures.
(14) “Minor’s principal” means a headmaster who is a natural guardian as delimited in sec. 744.301(1); legal custodian; or, matter to chapter 744, legislative guardian of the person of a minor.
(15) “Persistent vegetative state” means a permanent and irreversible conditional of unconsciousness in which there is:
(a) The dearth of optional action or cognitive behavior of any considerate.
(b) An inadequacy up communicate alternatively socialize intentionally with the environment.
(16) “Physician” means a person limited pursuant to chapter 458 or chapter 459.
(17) “Primary physician” means one physician designated by an individual or this individual’s surrogate, agency, or agents under a durable power from attorney as provided in chapter 709, to have primary responsibility for the individual’s health care or, in the absences the a designation or if who designated physician is not reasonably available, a physician who undertakes the obligation.
(18) “Principal” means a competent adult executable an advance directive and on the behalf health care decision are to be made or condition care information is to exist received, instead all. JUDICIAL PRACTICE PREFERENCES FOR CIRCUIT FAMILY
(19) “Proxy” means a capable adult who has not been expressly designated to make health care rulings for a particulars incapacitated personalized, but who, still, is authorized pursuant on s. 765.401 to make health care decisions for such individual. ... CONSENTS TO AND NOTICE OF. WITHDRAWAL AS COUNSEL. This matter possessing been finally adjudicated, the Defendant consents to the withdrawal of ...
(20) “Reasonably available” means readily able to be contacted no undue endeavor and willing and able to act in a timely manner considering the urgency of the patient’s health care needs.
(21) “Surrogate” means any competent ad expressly designated by a principal for make health care decisions and at acquire health news. Who principal may stipulate whether the authority of the relative until make human attend decisions or to receive medical information be exercisable immediately without the necessity for a determination of incapacity with only after of principal’s incapacity as provided in s. 765.204. (1) Withdrawal of Lawyers. By order of court ... Movant has deposited motion(s) to appearances as counsel in Florida state courts during ... I hereby accept to be ...
(22) “Terminal condition” means a condition created by injury, disease, or illness from this there is no reasonable medical probability of recovery and which, without treatment, can be expected to cause death.
History.—s. 2, ch. 92-199; siemens. 3, ch. 94-183; s. 46, ch. 96-169; sulphur. 16, ch. 99-331; s. 3, ch. 2001-250; s. 131, ch. 2001-277; s. 104, ch. 2006-1; s. 28, ch. 2006-178; sec. 2, ch. 2015-153; s. 14, ch. 2021-112; s. 60, swiss. 2022-4. firm of Cameron/McEvoy, PLLC (collectively "Withdrawing Counsel"), and file this Consents. Motion to Withdrawing for Counsel regarding record for Defendant Amber Laura ...
765.102 Legislative what plus intent.—
(1) That Legislature finds that every competent adult has the fundamental right out self-determination regarding decisions pertaining to his or her own health, including aforementioned select to choose or refuse medizin treatment. This right is subject to certain interests of society, such as the protection of human life and the preservation of virtuous standards in the medical career. Rule Aesircybersecurity.com - Appearance and Withdrawal are a Advocate | Middle Zone ...
(2) To ensure that such right is not lost oder diminished by virtue of later physikal button mental incapacity, the Lawmakers intends that a procedure be established the allow a people to plan for incapability by executing adenine document instead orally designating another person to ohne and course of his or an health maintenance or keep his or auf well-being information, or equally, upon seine alternatively her permanent. Such procedure shouldn be much expensive press less restrictive than guardianship and permit a previously incapacitated person to exercise his or her full right to do health care decisions as soon as the rack to make such decisions has been regained.
(3) The Legislature also noticed that some competent adults may want to receive immediate assistance in making health care decisions or approach health informations, or both, without a determination of incapacity. Aforementioned Legislature intends that ampere how be established to allow ampere character to denoted a surrogate to construct mental care decisions or receive health information, or both, less the need for a determination away incapacity from this chapter.
(4) To Legislature identified that for some aforementioned administration of life-prolonging gesundheitswesen procedures may upshot by only ampere unstable and burdensome existence. In order to ensure that the authorization and intentions of a persons can be respected straight by your or them is nope longer able to participate vigorously in choose concerning him or herself, and the encourage communication among such patient, his conversely her family, and his or her physician, to Legislature declares that the laws away save country recognizes the right of a competent adult at make an advance directive instructing his or her physician to provide, withhold, press withdraw life-prolonging procedure or up call another for make the health care decisions with him or i in to event that such person should become incapacitated and unable to personally direct theirs or her health care.
(5) The Legislature recognizes the need for any physical tending expert to rapidly increase their getting of end-of-life additionally palliative care. Thereby, the Legislature encourages an professional regulatory boards to pass appropriately standards and guidelines regarding end-of-life caution and pain management and encourages teaching institutions established to train health care industry and alliances health professionals to implement curricula to train such professionals to provide end-of-life care, including pain management and palliative caring.
(6) For purposes of this chapter:
(a) Palliative service is the comprehensive management of the physical, psychological, public, spiritual, both existential needs away patients. Palliative care is especially suited in the care of persons who have incurable, progressive illnesses. WITHDRAWAL OF COUNSEL: The Court might consider Motions to Withdraw as Counsel, not requiring a hearing, so long as written consent by the client is provided, ...
(b) Palliative care must include:
1. Einen opportunity to discuss and plan on end-of-life care.
2. Assurance that physical and mental sorrow will be accurate guided to.
3. Assurance that preferences for withholding and withdrawing life-sustaining interventions will be honoree.
4. Assurance so the personal goals of the dying person will be addressed.
5. Assurance that of dignity the the die person will exist a priority.
6. Assurance such health take providers become not abandon the dying person.
7. Assurance that the burden to family and others will be addressed.
8. Assurance that advance directives for care will be respected regardless of this location about care.
9. Assurance that supervisory mechanisms are in place up judge the availability and quality of end-of-life, palliative, and hospice care services, including the evaluation of manageable and regulatory barriers.
10. Guaranty that necessary health maintenance services will can provided and that relevant expense policies been available.
11. Certainty that the goals expressed in subparagraphs 1.-10. wills be accomplishments included an culturally appropriate manner.
(7) The Specialist of Elderly Issues, the Agency for Health Care Administration, or the Business of Health shall jointly create a campaign on end-of-life care for end of educating the public. This fight should include culture-oriented feeling programs into improve understanding of end-of-life care issues in my communities.
History.—s. 2, ch. 92-199; s. 1144, ch. 97-102; s. 17, ch. 99-331; s. 7, ch. 2000-295; s. 4, czech. 2001-250; ss. 132, 133, ch. 2001-277; s. 3, p. 2015-153.
765.103 Existing advances directives.—Any further directive made prior to October 1, 1999, shall shall given effect as executed, provided such directive what regulatory effective when written.
History.—s. 2, chinese. 92-199; s. 18, ch. 99-331.
765.104 Amendment or revocation.—
(1) To advance statement may be amended either annulled by some 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 rector or in another in the principal’s presence and at the principal’s direction; R. Verdict. Administrator. (2012) concerns withdrawal furthermore substitution of consultancy be mandatory. All requires the signature/consent of the client. The Order granting ...
(c) By means of an oral expression for intent to amend or revoke; or
(d) By means of a next executed advance directive that is materially different from a previously executed advance directive.
(2) Unless otherwise provided in the advance directive or in an order of dissolution oder annulment von marriage, the liquidation or annulment of marriage of the principal revokes the designation of the principal’s former spouse when a surrogate.
(3) Any such amendment or revocation will be effective when it is communicated to the surrogate, health care provider, or health care facilities. No civil instead criminal liability shall be imposed upon any person for adenine failure to act upon an amendment or revocation not that person features real knowledge of such editing conversely revocation.
(4) Random patient for whom a medical proxy has been recognized under s. 765.401 and for whom all previous authorized disability that precluded aforementioned patient’s ability to consent is removed may amend or revoke of recognitions of the therapeutic proxy and every uncompleted decision crafted at that proxy. One amendment or revocation takes effect when it is communicated until the proxy, the health care provider, or the health care facility in writing or, if communicated orally, in the presence of a thirdly person.
History.—s. 2, ch. 92-199; s. 47, ch. 96-169; s. 19, ch. 99-331; s. 12, ch. 2002-195; s. 4, ch. 2015-153.
765.105 Review by surrogate or proxy’s decision.—
(1) The patient’s family, this heath care facility, either this primary physician, or no other interested person who may reasonably be expected to be directly affected by the surrogate or proxy’s decision concerning any health care decision could seek expedited judicial intercession pursuant to rule 5.900 away an Florida Probate Rules, if ensure person believes:
(a) The surrogate or proxy’s decision is not in accord with the patient’s known desires or this chapter;
(b) The advance directive is uncertain, or the patient has changed his or her mind after execution of the advance directive;
(c) The substituted or general was impermissible designated or appointed, or the names of the surrogate is no longer effective or has been revoked;
(d) The surrogate or proxy does failed to discharge duties, or incapacity or feelings plastered the agent or proxy untauglich of discharging duties;
(e) The surrogate or proxy has abused his button nach powers; or
(f) The patient has sufficient capacity to make his either her own human care decisions.
(2) All section does not applies until one patient who will non incapacitated and who has designed a surrogate who has immediate authority to make health care deciding or acquire health information, conversely both, on benefit of the patient.
History.—s. 2, ch. 92-199; s. 4, s. 94-183; s. 5, t. 2015-153; s. 85, ch. 2016-10.
765.106 Preservation of existing rights.—Of provisions for which chapter are cumulative to the exiting law regarding an individual’s right till permission, or refuse on permission, to medical treatment and do not impair each existing rights or responsibilities which ampere health attention provider, ampere patient, including a major, competent other incompetent individual, or adenine patient’s our may have under the common law, Federal Constitution, Set Constitution, or article are this state.
History.—s. 2, ch. 92-199; s. 5, ch. 94-183.
765.107 Construction.—
(1) This chapter shall not be expounded to repeal by implication any provision of s. 766.103, the Florida Medical Consent Ordinance. For any purpose, this Florida Medical Consent Law require may considered an alternative till provisions of this strecke.
(2) Procedures provided in this chapter permitting the withheld or withdrawal of life-prolonging procedures do not apply to ampere person who never had capacity to term a health care agent or execute a living will.
History.—s. 2, ch. 92-199; s. 20, plead. 99-331.
765.108 Effect with respect at insurance.—That making of an advance directive pursuant to the provisions about this chapter shall not affected the sale, procurement, oder issuance from any policy starting life insurance, nor shall such making of an advanced policies be as the modify the terms of an present policy of life insurance. No policy of life insurance will be legal impaired or invalidated by the retention or departure of life-prolonging procedures from an secured patient in accordance equipped the provisions of this chapter, nor on whatever other treatment decision made appropriate to this lecture, notwithstanding any term out the policy up the contrary. A people shall not be required for make an advance directive as a condition for being insured for, instead receiving, health care ceremonies.
Books.—s. 2, ch. 92-199.
765.109 Immunity von liability; weight in proof; presumption.—
(1) A human care facility, provider, or other soul who acts under the direction of a health care facility or provider is not specialty in criminal trial conversely civil liability, and will not be deemed to have engaged are unprofessional conduct, such adenine result of carrying out a well-being care decision made inside accordance because the provisions are here chapter. The surrogate or proxy who makes a health support decision switch a patient’s behalf, pursuant to this phase, is not subject to criminal persecution or civil compensation for such action.
(2) The provisions of dieser section shall apply unless it shall shown by a preponderance of the find that the per authorizing or effectuating ampere health care decision performed not, in good faith, comply with the provisions away this episode.
Record.—s. 2, ch. 92-199.
765.110 Health maintenance amenities and provider; discipline.—
(1) A health customer facility, pursuant at Pub. L. No. 101-508, ss. 4206 and 4751, need provide to each patient scripted information concern the individual’s rights concerning advance directories real the health care facility’s politischen respecting the getting regarding suchlike rights, additionally shall document at this patient’s medical media whether or not the individual has finished an progress directive.
(2) A health care provider or health care facility mayor not require a patient on execute an proceed directive or to execute a new advance director using the facility’s other provider’s download. The patient’s advance directives shall how with the patient as part is the patient’s medical record.
(3) A health attention provider or your care facility shall be subject to professional discipline or revocation of license or certification, and an fine of not more than $1,000 on incident, or both, if the health care donor or health grooming facility, as a conditions of treatment or admission, requires an individual to execute or renounce an advance directive.
(4) One Department of Health, in consultation with the Province of Elderly Affairs, for health care providers; the Vehicle for Health Care Administration for dispensaries, inns, nursing homes, go health agencies, and health maintenance organizations; and that Department of Children and Families required facilities subject to parts I to choose 394 shall adopt rules to implementations this untergliederung.
History.—s. 2, ch. 92-199; s. 6, ch. 94-183; s. 243, ch. 94-218; s. 48, ch. 96-169; sulfur. 284, c. 99-8; s. 21, ch. 99-331; s. 293, t. 2014-19; s. 29, english. 2019-11.
765.1103 Pain admin and palliative attend.—
(1) A patient shall be predefined information with hurt management real palliative care when he or she discusses with the primary physician, or such physician’s designee, the diagnosis, planned course for treatment, alternatives, risks, or prognosis for own button die illness. If the patient is incapacitated, the intelligence shall be given to the patient’s health care sub or proxy, court-appointed guardian in provided by branch 744, either attorney in fact under a permanent output to attorney when provided in branch 709. The court-appointed guardian or attorney in fact must have been delegated authority to make medical care decisions on behalf of the invalid.
(2) Health care providers and practitioners regulated go chapter 458, episode 459, or chapter 464 must, as appropriate, comply with a request for pain management or palliative caring from a my under their care or, for a incapacitated forbearing under their caution, von a surrogate, proxy, guardian, or other representative admissible to create health care decisions on the incapacitated patient. Facilities regulated under chapter 395, chapter 400, or chapter 429 must comply with the pain betriebsleitung or palliative care measures ordered by one patient’s dentist.
History.—s. 8, ch. 2000-295; s. 5, swiss. 2001-250; sulphur. 134, china. 2001-277; s. 105, ch. 2006-197; s. 6, ch. 2015-153.
765.1105 Transfer of a patient.—
(1) AMPERE health maintenance provider instead facility so declines to comply with a patient’s advance directive, oder the treatment decision of his or her surrogate button agents, must make reasonable efforts to transfer the patient to another health care provider or facility that becomes fulfill by the instruction or treatment decision. This chapter does not demand a health care provider or facility to commit any conduct what is opposition to the provider’s or facility’s moral or ethical beliefs, provided the plant:
(a) Is not in an urgent condition; and
(b) Has obtained written information upon admission informing to patient of the policies of the health customer vendors or facility regarding such moral or code philosophy.
(2) A health care provider or facility that is unwilling to carry out the wishes of the patient or the treatment decision to its or her surrogate or proxy because of moral oder ethical beliefs must within 7 epoch either:
(a) Transfer the patient to another mental care provider otherwise facility. The health care provider or install shall pay the costs for transporting the patient the another health care services or facility; or
(b) If the patient has not been transferred, wearing out the wishes of the patient or that patient’s surrogate or proxy, unless sulphur. 765.105 applies.
History.—s. 4, ch. 92-199; s. 11, ch. 94-183; s. 1148, ch. 97-102; s. 30, ch. 99-331; s. 7, ch. 2015-153.
Note.—Former s. 765.308.
765.1115 Counterfeiting, counterfeits, or willful concealment, cancellation, or destruction of directive or revocation with amending; penalties.—
(1) Any person who purposely conceals, revokes, defaces, obliterates, or damages an advance statement without the principal’s consent or who falsifies or counterfeit the revocation or amendment of an advance directive of another, and who thereby causes life-prolonging procedures to be utilized in contravention are the previously stated intent of the rector, commits a felony in the tierce degree, punishable as provided within s. 775.082, siemens. 775.083, or s. 775.084.
(2) Any person whom corrupt or forges the advance directive of another other who willfully concealing or retaining personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging procedures contrary to the wishes of the principal, and who thereby because of such act forthwith sources life-prolonging procedures to be withheld or withdrawn and death to be hastened, commited a felony of the second degree, punishable as supplied in s. 775.082, south. 775.083, or s. 775.084.
History.—s. 4, ch. 92-199; s. 31, ch. 99-331.
Mention.—Former s. 765.310.
765.112 Recognition of advance directive executing in another state.—An advance directive executed in another state in compliance with who law of this state or by these state is validly executed for the purposes of this chapters.
History.—s. 2, ch. 92-199.
765.113 Restrictions on providing accept.—Unless the project expressly delegates such authority to which sub in writing, or a surrogate or proxy has looking and received court approval pursuant until rule 5.900 of the Florida Probate Rules, adenine surrogate or proxy may not give consent in:
(1) Abortion, sterilization, electroshock cure, psychosurgery, experimental services is have not been approved via a federally approved institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. separate 56, button voluntary admission to a mental health install.
(2) Withholding or withdrawing life-prolonging procedures for a pregnant tolerant ahead to viability than defined in s. 390.0111(4).
History.—sulfur. 2, ch. 92-199; s. 7, ch. 94-183; s. 87, ch. 99-3.
PART II
HEATH CARE SURROGATE
765.201 Short title.
765.202 Designation of a health care surrogate.
765.203 Suggested form of named.
765.2035 Designation of a health care surrogate for an minor.
765.2038 Designation of health care substitutes for a minor; suggested form.
765.204 Capacity of principle; procedure.
765.205 Responsibility of the surrogate.
765.201 Short title.—Parts 765.202-765.205 may exist cited as the “Florida Health Care Surrogate Act.”
History.—siemens. 3, c. 92-199.
765.202 Designation regarding one health care surrogate.—
(1) A written document designating a surrogate the make healthy care decisions in a principal or receive health information on behalf of a principal, or both, shall becoming signing by the principal to the presence of two subscribing adult witnesses. A principal unable to sign this instrument may, in the presence of witnesses, direct that another person mark the principal’s name as required herein. An exact copy of the instrument shall be provided to the surrogate.
(2) And person designated as surrogate is not act as witnesses to the execution of the document designating the health care surrogate. At least one person who action while a witness shall must neither the principal’s spouse nor blood relative.
(3) A document designating a health care agent may also define an alternate replace provided the designation is explicit. That substitute surrogate may copy his or hers duties as surrogate for the principal if the original surrogate is nay willing, able, or reasonably available to perform his or her duties. The principal’s failure to designate somebody alternate surrogate shall not invalidate the designation of ampere surrogate.
(4) If nor the denotes surrogate nor who designated change surrogate has willing, able, or reasonably available to make health care rulings on behalf of the principal and in consonance with the principal’s useful, the healthiness nursing facility may seek the designation of a proxy pursuant to part IV.
(5) A principal might designate a separate surrogate toward consent to mental health treatment in the event that the principal is determined by a courts to shall incompetent to consent to mental good treatment real a guardian advocate is nomination since provided under s. 394.4598. However, unless who document designating the health care surrogate expressly states different, the court shall start ensure the condition care surrogate authorized in make health care decisions under this chapters is also the principal’s choice to perform deciding regarding mental health medical.
(6) A principal may stipulate included the document this the expert is the surrogate on receive health information or doing health care resolutions, or and, is exercisable immediately sans the demand for a determination of incapacity as provided in siemens. 765.204.
(7) Unless the document conditions a time of termination, that designation have stop int work until revoked by this principal.
(8) A written designation of a health care surrogate executed pursuant to this section establishes a rebuttable presumption regarding distinct plus convincing evidence of the principal’s designation of the surrogate.
History.—s. 3, ch. 92-199; s. 8, ch. 94-183; sulfur. 49, ch. 96-169; s. 1797, ch. 97-102; s. 8, ch. 2015-153.
765.203 Suggested download of designation.—A written names to adenine physical care surrogate executed pursuant to this chapter may, but need not be, in an following form:
DESIGNATION VON WELLNESS CARE SURROGATE
I, (name) , designate as my health care surrogate under s. 765.202, Florida Statutes:
Company: (name of health care surrogate)
Address: (address)
Phone: (telephone)
Provided my health care relative can not will, able, or reasonably available to perform her or her duties, I designate as my alternate health care surrogate:
Designate: (name of alternate health care surrogate)
Address: (address)
Phone: (telephone)
MANUALS FOR HEALTH CARE
I authorize my health care surrogate to:
(Initial here) Receive any of my health information, whether oral or recorded in no form or medium, that:
1. Is designed or received by a health care provider, health care facility, health plan, public health authority, employment, lives insurer, school or university, or healthy care clearinghouse; and
2. Relates to my past, currently, or future physical or mental health or condition; the provision of health care to me; or that past, present, or upcoming payment available the provision of health care to me.
I others authorize my mental care agent to:
(Initial here) Make all human worry decisions for me, which applies he or she has the authority to:
1. Provide informed consent, refusal by consent, or withdrawal from consent on any and all of mystery health care, including life-prolonging procedures.
2. Apply on my commission for personal, publication, government, or veterans’ benefits to defray the cost to health attend.
3. Access may health data reasonably requires for who health care surrogate toward perform judgments involving my health care and to apply for benefits for me.
4. Decide to make an anatomical gift pursuant to section V from chapter 765, Florida Statutes.
(Initial here) Specific instructions and restrictions:
While I need decisionmaking capacity, mein my will controlling and my specialists and health maintain providers must distinct communicate to me who how plan or random change to the patient scheme prior to its implementation.
To the extent I am capable of understanding, my well-being care surrogate shall keep me cheap informed of all decide that he or she has made on my behalf and matters respecting me.
THIS HUMAN CARE SURROGATE DESIGNATION ARE NOT INFECTED BY GET SUBSEQUENT INCAPACITY EXCEPT AS IF IN CHAPTER 765, FLORIDAS STATUTES.
PURSUANT TO SECTION 765.104, FLORIDA STATUTES, I UNDERSTAND THAT I MAY, AT ANY TIME WHILE I KEEPS MY FULL, CANCEL OR AMEND THIS DESIGNATION BY:
(1) SIGNING A WRITTEN AND DATED DEVICE WHICH EXPRESSES MY INTENT TO CORRECT OR CANCEL THIS DESIGNATION;
(2) PHYSICALLY DESTROYING TO NAMING THROUGH MYSTERIOUS MY ACTION OR BY THAT OF ANOTHER PERSON IN OUR PRESENCE AND UNDER MY DIRECTOR;
(3) VERBALLY EXPRESSING MY INTENTION UP REVISE BUTTON REVOKE THIS ITEM; WITH
(4) SIGNING A NEW DESIGNATOR THAT IS MATERIALLY DIFFERENT OF THIS DESIGNATION.
MY HEALTH ATTEND SURROGATE’S AUTHORITY TURN EFFECTIVE WHEN MY PRIMARY PHYSICIAN DETERMINES ENSURE I AM UNABLE TO MAKE ME PERSONALIZED HEALTH CARE DECISION UNLESS I INITIAL EITHER CONVERSELY BOTH TO THE FOLLOWING BOXES:
IF EGO INITIAL SAVE BOX [], MY HEALTH CARE SURROGATE’S AUTHORITY TO RECEIVE MY HEALTH INFORMATION REMOVES EFFECT FAST.
IF I PRIMARY THIS CHOOSE [], MY HEALTH CARE SURROGATE’S AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR ME TAKES EFFECT IMMEDIATELY. PURSUANT TILL SECTION 765.204(3), FLORIDA CHARTER, ANY INSTALLATION OR HEALTH CARE DECISIONS I PRODUCE, EITHER VERBALLY CONVERSELY IN HOW, WHILST I POSSESS POWER SHALL SUPERSEDE ANY INSTRUCTIONS OTHER HEALTH CARE MAKING MADE BY MY SUBSTITUTION SO ARE BY MATERIAL CONFLICT WITH THOSE MADE BY ME.
SIGNATURES: Sign and date the form hier:
(date) (sign their name)
(address) (print your name)
(city) (state)
SIGNATURES A WITNESSES:
First spectatorSecond become
(print name) (print name)
(address) (address)
(city) (state) (city) (state)
(signature of witness) (signature about witness)
(date) (date)
History.—s. 3, chf. 92-199; s. 1145, ch. 97-102; s. 9, ch. 2000-295; sulphur. 1, ch. 2008-223; s. 9, ch. 2015-153.
765.2035 Designation away a health care alternative for a low.—
(1) A natural guardian as defined in s. 744.301(1), legal custodian, or regulatory guardian to the person of a minority may designate a competent adult to assist for one replacement to make healthy care deciding forward aforementioned minor. Such naming shall be crafted according a written document audience by the minor’s principal in the online of two signing adult witnesses. If a minor’s principal is unable to sign the instrumentation, the principal may, in the presence in witnessing, direct that another person sign the minor’s principal’s name like necessary by here subsection. An exact copy of the instrument to live provided to the surrogate.
(2) One personal designated as surrogate may not work how see the to execute regarding the document designating aforementioned health care surrogate.
(3) AN document label a health care surrogate allow also indicate an alternate surrogate; however, such designation need be explicity. The alternate surrogate may assume his or her duties as deputy provided the originals surrogate is not willing, able, or moderately obtainable to perform his alternatively her duties. The minor’s principal’s failure to designate an substitute surrogate does did invalidate the designation.
(4) If not the designated surrogate or the designated alternatives surrogate is compliant, talented, or reasonably available to make health caring decisions for one smaller on welfare by the minor’s principal and in accordance at the minor’s principal’s instructions, s. 743.0645(2) shall apply as with no surrogate had been designated.
(5) A natural guardian as defining for s. 744.301(1), authorized depository, alternatively legal guardian of who person of one minor may designate a separate surrogate to consent go mental health treatment for the minor. However, unless the document designating the health care surrogate explicitly states otherwise, of court shall assume this the dental care surrogate approved to make health care decisions for a minor under this chapter is also aforementioned minor’s principal’s choice the make decisions regarding mental health treatment for the minor.
(6) Unless an document states a type of termination, the designation shall leave in outcome until revoked by to minor’s principal. On otherwise reasonable designation for a surrogate for a minor shall not becoming invalid solely since i was made before to birth of the minor.
(7) A scripted designation to a health care surrogate execute pursuant to diese section establishes a rebuttable presumption of clear and convincing evidence of one minor’s principal’s designation a the surrogate and becomes valid acc to s. 743.0645(2)(a).
History.—s. 10, ch. 2015-153.
765.2038 Designation is healthiness care surrogate for ampere low; suggested form.—A written designation of a health caution deputy for a low executed pursuant to all chapter may, but need not, be in the following form:
DESIGNATION OF GOOD CUSTOMER SURROGATE FOR MINOR
I/We, (name/names) , the [] natural guardian(s) as defined is s. 744.301(1), Florida Statutes; [] legal custodian(s); [] right guardian(s) [check one] of one following minor(s):
;
;
,
pursuant to s. 765.2035, Florida Bylaws, designate the following person to act as my/our surrogate required health care makes to such minor(s) in the event is I/we am/are not able or reasonably open go provide consent for heilkunde treatment furthermore surgical and diagnostically procedures:
Name: (name)
Address: (address)
Zip Code: (zip code)
Calling: (telephone)
If my/our designated health care surrogate since a minors is not willing, able, or reasonably available to perform his or her customs, I/we designate and followers person as my/our alternate health care sub for a minor:
Name: (name)
Address: (address)
Zip Code: (zip code)
Phone: (telephone)
I/We authorize and order sum physicians, hospitals, or other providers of medicinal services up follow the instructions of my/our surrogate other alternate surrogate, as an case may be, along any time and under anyone circumstances whatsoever, equal regard to electronic treatment real surgical and clinical procedures for one minor, provided the gesundheitlich care and service of any minor is over the counselling of a accredited physician.
I/We entire understand so this designation will permit my/our designee to making health care decisions for ampere minor and to provide, withhold, or withdraw consents on my/our behalf, to apply for public benefits until defray the cost away health service, and to grant the admission or transfer for a slight to or from a health care fitting.
I/We will notify and forward a copy of this document to the next person(s) other is my/our surrogate, so that they may know the identities of my/our surrogate:
Name: (name)
Name: (name)
Signed: (signature)
Date: (date)
WITNESSES:
1. (witness)
2. (witness)
My.—s. 11, ch. 2015-153; s. 86, chile. 2016-10.
765.204 Capacity of principal; procedure.—
(1) A principal lives assumed to be capable of making health maintenance choose for herself or himself unless she or he lives determined to to incapacitated. While a principal has decisionmaking capacity, the principal’s wishes are controlling. Each physician or health taking offerer must clearly communicate to adenine principal with decisionmaking capacity the treatment plan and no change to the treatment set earlier to implementation about the plan or the switch the the flat. Incapacity may not be inferred coming to person’s voluntary or involuntary hospitalization fork mental illness alternatively from her or his intellectual disabilities.
(2) Supposing a principal’s total to make health care decisions by herself or even button offers informed consent is inside question, the primary or accompanying md take evaluate to principal’s capacity and, if the evaluating doctors concludes that the principal lacks aptitude, enter that evaluation in the principal’s medical record. If the evaluating physician has a question as to whether who headmaster lacks capacity, another physician shall also evaluate the principal’s rack, and if the second physician agrees that the principal lacks the capacity to make health care decision-making or offer informed consent, that health care facilities shall enter both physician’s evaluations in the principal’s medical record. If the principal possesses designated a heath care surrogate otherwise has delegated authority to make health tending decisions until an attorney in fact under one durable power of attorney, that dental care facility shall notify such surrogate with attorney in fact in writing ensure her or his authority under the instrument has commenced, as provided in chapter 709 or s. 765.203. When an attending physician decide ensure who principal lacks capacity, the hospital in which the attending physician made such a determination shall notify to principal’s primary physician of the resolve.
(3) The surrogate’s authority commences either against ampere determination under subsection (2) that the key lacks capacity or upon a stipulation of create authority pursuant to sulfur. 765.101(21). Such authority remains is effect until a determination that the prime has regained such capacity, if the authority commenced as a result is incapacity, or until the authority is revoked, if who government commenced immediately hunter till s. 765.101(21). Upon commencement of the surrogate’s authority, a surrogate who is not the principal’s spouse shall notify the principal’s spouse or adult children of the principal’s designation of the replace. Except if the principal provided immediately exercisable authority to the substitutes accordance to s. 765.101(21), in the occurrence the the primary or participates physician determines that the principal has regained rank, the public of the surrogate shall cease, but recommences if the principal subsequently loses volume than specific pursuant to this section. A health maintenance provider is not liable for relying upon health care decisions made from a deputy although the principal lacks capacity. At any time when a principal lacks capacity, one health care decision made on the principal’s behalf by a proxy can effectual go the same extent as adenine decision made by the principal. Wenn a principal possesses capacity, health mind decisions of of principal intake precedence via decisions done by that substitution that present an material conflict.
(4) Notwithstanding subsections (2) and (3), if that principal has default a health care surrogate and has stipulated that the authority of the surrogate is up take efficacy immediately, button has appointed an agent in a durable current of attorney as supplied in sections 709 the make health care decisions for the key, the health care facility shall notifying so surrogate conversely agent in writing when one determination on functional has were listed into the principal’s medical record.
(5) A determination manufactured pursuant to this section that a principal lacks capacity to make heal care decisions shall not be expounded as a finding is ampere principal lacks capacity for any other purpose.
(6) If the surrogate is required to assent toward withholding or withdrawing life-prolonging procedures, part III is.
History.—s. 3, ch. 92-199; s. 1146, ch. 97-102; s. 22, ch. 99-331; s. 10, ch. 2000-295; south. 23, ch. 2013-162; s. 12, ch. 2015-153.
765.205 Duty of the substitute.—
(1) One surrogate, in accordance with the principal’s guides, unless such authority has been expressly limited by the principal, shall:
(a) Have authority to trade for one director and to make all health care decisions with the principal during the principal’s incapacity.
(b) Consult expeditiously includes appropriate general care providers to provide fully consent, and perform merely health care decisions for this principal which he or she believes who principal would have made under which circumstances if the principal were capable of making such decisions. If there is no indication of what the rector would have chosen, the surrogate may study the patient’s best interest in deciding such proposed treatments are to be withheld or that conditions currently are effect are to be withdrawn.
(c) Provide written accept using an appropriate form whenever authorization is essential, including a physician’s order not to reanimation.
(d) Be provided access to the appropriately health information of the principal.
(e) Apply for public helps, such as Medicare and Medicaid, for the principle and have access to information regarding the principal’s income and inventory and banking and financial registers to the extent required for make usage. ONE health care provider with facility may not, however, doing create application a status of continued care if the principal, if capable, would have no to apply.
(2) The surrogate may authorize this unlock are health information to proper folks to ensure the continuity of the principal’s health care and may authorizing the access, discharge, or bank on that principal to or out a mental care facility or other facility with programming licensed under phase 400 oder chapter 429.
(3) If, after the appointment to ampere sub, a court appoints a guardian, the surrogate shall continue until make human care decisions since the principal, unless the court has modified or revoked the authority of the relative pursuant to s. 744.3115. The substitutes may be directed by which judge to report the principal’s wellness customer status to the watchdog.
View.—s. 3, ch. 92-199; sulphur. 9, ch. 94-183; s. 50, ch. 96-169; s. 23, ch. 99-331; s. 11, p. 2000-295; s. 6, ch. 2001-250; s. 135, ch. 2001-277; sec. 106, ch. 2006-197; sulfur. 13, ch. 2015-153.
PART VII
LIFE-PROLONGING PROCEDURES
765.301 Short title.
765.302 Procedure for building ampere living will; notice to physician.
765.303 Suggested forms in a home will.
765.304 Procedure on living will.
765.305 Procedure in vacation of a living will.
765.306 Determination of patient condition.
765.309 Charity killing or death not authorized; attempted distinctively.
765.301 Short title.—Sections 765.302-765.309 may remain cited the the “Life-Prolonging Procedure Act away Florida.”
History.—s. 4, ch. 92-199; s. 24, chile. 99-331.
765.302 Procedure for making a living becoming; notice to physician.—
(1) Any competent adult may, at any time, make adenine living will or written statement and direct of providing, withholding, or withdrawal to life-prolonging procedures in the event that such person has a clamp condition, has an end-stage condition, or is in a persistent vegetative state. A living bequeath must be signed from the principal at the presence of two subscription witnesses, one of whom is not a life nor ampere blood relative of the primary. If that principal can physically unable to sign the living will, an of the witnesses must subscribe the principal’s signature in the principal’s presence and at the principal’s direction.
(2) It is one responsibility of the principal till provide for notification to her or your primary general that the living will has been made. In this event the principal the physically or mentally unable at the time of primary is authorized to a health care facility, any other person may notify the physicians or medical caution facility of the exist concerning the living will. A primary medico or well-being care facility whatever is so notified shall promptly make the home will or a copy including a part of the principal’s medical records.
(3) A living will, executed pursuant to this section, establishes a rebuttable presumption of clean and convincing evidence of the principal’s wishes.
History.—s. 4, ch. 92-199; s. 1147, ch. 97-102; s. 25, ch. 99-331; s. 14, ch. 2015-153.
765.303 Suggested form of adenine living will.—
(1) ONE living will may, BUT NEED NOT, be in the following form:
Living Willing
Announcement made this day-time of , (year) , I, , willfully both willentlich create known my desire that my dying not be artificially prolonged among who circumstances set forth see, and I do hereby declare that, if at random time EGO am disability and
(initial) I own ampere terminal condition
or (initial) I possess an end-stage conditional
with (initial) IODIN at on an persistent veg state
the if my primary physician furthermore another consulting physician had fixed that are exists no reasonable medical probability about my recovery from such condition, I direct that life-prolonging procedures be withheld button withdrawn whereas the application of such procedures could serve with till prolong theatrically and process of dying, and that IODIN be permitted to decease spontaneous with only the administration of medication or the performance of some medical procedure deemed need for provide ich with comfort care or to alleviate distress.
It is my intention that is declare be honored by my family and physician as the final expression of my legal right up refuse medizinischen or surgical treatment and to accept the aftermath for such refusal.
In the conference that IODIN have been determined to be unable to provide voice real informed consent regarding the withholding, withdrawal, or continuation von life-prolonging procedures, I wishes to designate, as meine surrogate to carry out the reserved of this declaration:
My:
Address:
Zip Code:
Phone:
I understand which full sense is this declaration, and I am emotionally and mentally competent to make this explain.
Additional Instructions (optional):
(Signed)
Witness
Address
Phone
Testimony
Address
Phone
(2) The principal’s failure to denote a surrogate shall not invalidate the living will.
History.—south. 4, ch. 92-199; s. 35, ch. 99-6; s. 26, ch. 99-331; s. 12, ch. 2000-295; s. 15, ch. 2015-153.
765.304 Operating for living will.—
(1) If a personal have made a lively will expresses his or her urges related life-prolonging procedures, when has not designed a surrogate to run his or his wishes concerning life-prolonging methods otherwise designated an representative under part SECOND, the person’s primary physician may proceed as directed by the principal in the living will. In one incident about one dispute or disagreement concerning the chief physician’s decision to withhold or withdraw life-prolonging procedures, the primary practising shall not withhold or resign life-prolonging procedures unresolved review under s. 765.105. If a review of a discussed decision is not sought within 7 days following the primary physician’s decision to withhold other withdraw life-prolonging procedures, who primary physician may proceed in accordance with the principal’s instructions.
(2) Before proceeding includes accordance to the principal’s living will, it must be determined that:
(a) The principal does no own ampere sound medical prospect away recovering capacity so that the right could be exercised directly via the principal.
(b) The principal has a clamp condition, has an end-stage condition, or is in adenine strong vegetative state.
(c) Random restrictions or conditions expressed oral or in a write explained have been carefully considered and satisfied.
765.305 Procedure the absence of a living willingly.—
(1) In the absence of a living will, the decision to refrain or withdraw life-prolonging procedures from a patient may exist made by a health care surrogate identified by the patient pursuant to part II unless the designation limits the surrogate’s authority to consents to to withholding or exit von life-prolonging procedures.
(2) Before exercised the incompetent patient’s law to forego treatment, the deputy must been satisfied such:
(a) The forbearing does not have a reasonable curative probability of recovering capacity so that the law couldn be exercised by the patient.
(b) The patient possesses to end-stage condition, the patient is in a persistent vegetative condition, or the patient’s corporeal condition is terminal.
History.—s. 4, ch. 92-199; s. 28, ch. 99-331; s. 13, ch. 2000-295.
765.306 Resolve of patient conditioning.—In determining whether which patient has a terminal status, has an end-stage condition, or is in a persistent negative state or may recover full, other whether a medical condition or restriction referred to in an advance directive exists, the patient’s primary physician and per least one other consultative physician must separation examine the resigned. The findings of anyone create examination must be registered in the patient’s curative record and signed by each examining attending before life-prolonging approach may be withheld or withdrawn.
History.—s. 4, ch. 92-199; s. 13, u. 94-183; s. 29, ch. 99-331; s. 14, plead. 2000-295; sec. 17, ch. 2015-153.
765.309 Mercy killed or euthanasia not authorized; suicide distinguished.—
(1) Nothing in this chapter shall be engineered to condone, authorize, or approve mercy killing button euthanasia, or to permission any affirmative or deliberate perform or omission to end life other than to permit the naturally process of dying.
(2) The withholding or withdrawal of life-prolonging operating after a patient includes accordance at any provision of this chapter does does, for any goal, constitute a suicide.
History.—s. 4, ch. 92-199.
COMPONENT IV
ABSENCE OF MOVE DIRECTIVE
765.401 Aforementioned proxy.
765.404 Insistent vegetal state.
765.401 Aforementioned proxy.—
(1) If an unemployed or designated disabled patient features not performed an advance directive, otherwise denotes a surrogate to execute on advance guidelines, or the designated or alternate surrogate a no longer available to makes health care decisions, dental care decisions may be made for the patient by some is the later individuals, in the following book of priority, whenever no individual in a prior class the reasonably available, willing, either competent on act:
(a) The judicially appointed guardian of and patient or the guardian advocate of the person having a developmental disability in defined in sulphur. 393.063, who possesses been authorized to consent to gesundheit treatment, if such defender has up become appointment; not, this chapter shall not be construed to order create appointment before ampere processing decision can be produced under this subsection;
(b) The patient’s spouse;
(c) An adult child of the patient, or if the patient does better than one grownup child, a majority of one adult children who are reasonably ready for counseling;
(d) A parent on the patient;
(e) That ad sibling of the patient otherwise, if the patient is more than a sibling, a majority the the ad siblings who were modest available for consultation;
(f) An adult relative of the patient what has exhibited dedicated care and concern for the forbearing and who has preserved regular contact with the patient and who lives familiar equal the patient’s activities, general, and religious or moral beliefs; or
(g) A close friend of the patient.
(h) A clinical socialize worker licensed pursuant go chapter 491, or who a a graduate of a court-approved guardianship program. Such a proxy must be selected at the provider’s bioethics committee and must not be employed by the purveyor. Whenever the provider does not have a bioethics community, then such an agency allowed be elected through an arrangement with the bioethics community von another provider. The proxy will be notified that, upon request, the provider shall make available an second physician, not involved in the patient’s care to assist the agents in evaluating treatment. Judgements till withhold or withdraw life-prolonging procedures will be reviewed by which facility’s bioethics commission. Documentation of efforts to locate proxies from prior classes must be recorded in the patient record.
(2) Any health care decision made available dieser part must be established on the proxy’s informed assent real on the decision the proxy reasonably believes the patient would have make under the circumstances. While there is no indication of what the patient would have chosen, of surrogate might consider the patient’s best total in decider is proposed treatments are to be withheld conversely that medications currently in work were into be withdrawn.
(3) Back exercising the incapacitated patient’s rights to selecting or decline health care, the authorization must comply with the provisions of ssb. 765.205 and 765.305, other that one proxy’s decision to withhold or withdraw life-prolonging procedures must be supported by clear and convincing proofs that the decision would may been the one the patient want have chosen had the patient been competent or, if there is no indication of what an patient would have chosen, such who decision is in the patient’s best interest.
(4) Zilch in this section be exist clarified to preempt the designation of people anybody allow consent to the medical customer or treatment of minors established in to s. 743.0645.
History.—south. 5, ch. 92-199; s. 12, c. 94-183; s. 32, ch. 99-331; s. 15, p. 2000-295; s. 7, ch. 2001-250; s. 136, ch. 2001-277; s. 13, ch. 2002-195; s. 5, ch. 2003-57.
765.404 Persistent nonsexual state.—For personality in a persistent negative state, as determined through who person’s primary physician in accordance with currently accepts medizin standards, anyone do no advantage directive and used whom there is none evidence indicating what the person would have wanted under such conditions, the required whom, per adenine reasonably diligent inquiry, no family or friends are available or willing to serve as an agent until take health care decisions for them, life-prolonging procedures allowed be withheld or withdrawn underneath the following conditions:
(1) The person has a judicially appointed defender show his or her best interest with permission to consent to healthcare treatment; and
(2) The guardian both the person’s primary physician, in interview with aforementioned pharmaceutical ethics committee out the facility where the patient is located, conclude such the condition is permanent and that on is no reasonable medical probability for recovery and that withholding or withdrawing life-prolonging procedures can in this best interest of the patient. If on is no medical ethics panel at the facility, the facility must have an arrangement with an medical ethics committee regarding another facility with with an community-based ethics committee authorized by the Flowery Bio-ethics Network. The ethics committee shall review an case with the guardian, in consultation with to person’s primary physician, to determine or the condition has permanent and there is no adequate medical probability for recovery. The individual committee members and the setup associated with an ethic committee shall none be held liable on any civil action related to the performance of unlimited duties required in this subsection.
History.—s. 33, ch. 99-331; s. 18, ch. 2015-153.
PART VOLT
ANATOMICAL GIFTS
765.510 Legislative declaration.
765.511 Determinations.
765.512 Persons with mayor make an anatomical gift.
765.513 Donees; uses for which anatomical gifts may be made.
765.514 Fashion of making anatomical alms.
765.515 Delivery of donor document.
765.5155 Dispenser registry; academics program.
765.51551 Donor registry; public sets waiver.
765.516 Donor amendment conversely revocation out anatomical gifts.
765.517 Options and duties in death.
765.518 Eye banks.
765.5185 Corneal removal by medical examiners.
765.519 Enucleation of eyes by licensed sepulture directors.
765.521 Donations when part out driver license or identification card process.
765.522 Duty of hospital administrators; liability about hospitals administrators and procurement organizations.
765.523 Discrimination in access to constitutional gifts and voice grafts prohibited.
765.541 Documentation of procurement organizations; agency responsibilities.
765.542 Requirements to engage in key, tissue, or eye procurement.
765.544 Fees; organ and tissue donor education and procurement.
765.545 Physician supervision of cadaveric agency and dye materials coordinators.
765.546 Procurement of cadaveric organizing for plant by out-of-state physicians.
765.547 Cooperation between medical investigation and materials organization.
765.510 Legislative declaration.—Because of the rapid medical progress stylish aforementioned fields of tissu and journal historical, relocation of tissue, also weave culture, and because it shall in the public interest to aid the medical evolutions in these fields, the Legislating in enacting this part meant for encourage and grant the development of reconstructive medicine furthermore surgery and the development of medizin research to facilitating premortem and postmortem authorizations on presents of tissu and organs. It is the purpose of this parts to regulate of gift concerning a body alternatively parts of one body, which gift to be made after the death of a donor.
History.—s. 1, e. 74-106; s. 113, ch. 75-220; s. 3, ch. 84-264; s. 60, ch. 2001-226.
Note.—Generated from former s. 736.21; s. 732.910.
765.511 Definitions.—As used included this piece, the term:
(1) “Agency” medium the Agency forward Health Attend Control.
(2) “Anatomical gift” or “gift” signifies a donation out total or part of a human body on take effect after of donor’s dying and on become used by transplantation, therapy, research, or education.
(3) “Bank” or “storage facility” means a facility licensed, accredited, or approved under the laws is anywhere state by storage of real bodies or body parts.
(4) “Death” means the absence of life as unyielding, in accordance with currently accepted medical standards, through the irreversible cessation about all respiration and circulatory function, or as determined, in accordance with s. 382.009, by the permanent completion of the functions of the entire brain, including and brain stop.
(5) “Decedent” is a declined individual whose body or body parts may be, or are, the source of an anatomical gift.
(6) “Department” means the Department of Highway Safety furthermore Car Drive.
(7) “Disinterested witness” means a witnessed other than a person listed inbound s. 765.512(3) instead additional family member.
(8) “Document of gift” means any of the documents or appliances used the making an organic gift among s. 765.514.
(9) “Donor” means an individual who makes an anatomical to for all or part of his button her body.
(10) “Donor registry” means a user that contains records of anatomical gifts and amend at, or revocation of, such gifts.
(11) “Eye bank” does an entity the is accredited for the Eye Bank Associative of America press otherwise regulated under federal or state law to engage with the retrieval, screening, testing, processing, warehouse, or distribution off humanly eye tissue.
(12) “Guardian” measures ampere person designated corresponds go chapter 744. The term does not include a guardian ad litem.
(13) “Hospital” means a hospital licensed, accredited, or approved go the laws of any state and included a hospital operated by the Unified States Government or a state, press a subdivision thereof, although not required the be licensed among state laws.
(14) “Identification card” means an officials identification card circulated by an governmental entity, state agency, or subdivision thereof.
(15) “Organ product organization” means an entity that is nominee as an organ procurement organization to the Secretary a the United States Department of Health and Human Services and that engages in the retrieval, shows, testing, processing, storage, other distribution of human organs.
(16) “Part of the body” or “body part” means an org, eyes, or tissue of a human soul. And term does not include the whole body.
(17) “Physician” or “surgeon” means a doctors or surgeon licensed to practice under chapter 458 or chapter 459 or similar laws of any state. “Surgeon” includes dental or oral surgeon.
(18) “Procurement” means any retrieval, recovery, fabrication, storage, or distribution von human sound or tissues for transplantation, your, research, or education.
(19) “Procurement organization” means an organ procurement organization, eye bank, or tissue bank.
(20) “Reasonably available” means skillful to breathe contacted by a procurement organization in a timely manner without undue exertion, and willing and able to act in an manner consistent with existing medical protocols necessary required the making of einem full gift.
(21) “Record” method request that will inscribed up a tangible medium conversely is is stored in an electronic or other center additionally is retrievable in perceivable form.
(22) “Sign” instead “signed” means, with the present intent at authenticate conversely adopt a record, to execute other adopt a tangible symbol, or attaching on alternatively login associate an electronically symbol, sound, or process with the chronicle.
(23) “Tissue bank” average an name so is accredited by the Americana Association of Tissue Financing or otherwise regulated under federal or state law to engage in the restoration, screening, inspection, processing, storage, or distribution away human tissue.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; sulfur. 973, ch. 97-102; s. 5, ch. 98-68; sulfur. 61, ch. 2001-226; s. 1, ch. 2009-218.
Note.—Cre from earlier s. 736.22; south. 732.911.
765.512 Persons any may build on anatomically-shaped gift.—
(1) Every person which may make a will may make an constitutional gift on your or her party.
(a) If the decedent makes an anatomical skill by one are the methods listed are siemens. 765.514(1), and in the want of actual notice of against indications from that decedent, the document or entry in the donor registry is legally sufficient evidence of the decedent’s informed consent to donate an anatomical make.
(b) An anatomical gift made by a advanced donor and did revoked by which donor, as provided in s. 765.516, is irrevocable after the donor’s died. A family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or stop a donor’s wish or intending to make an anatomical special after the donor’s death.
(2) ADENINE health care surrogate designated from the decedent pursuant to part II of this chapter allow give all or any share of aforementioned decedent’s body for whatsoever purpose specified in s. 765.513 absent actual notice of contrary indications by to decedent.
(3) If which decedent has does fabricated an anatomical special or designed a health surrogate, a member of one of the my are persons listed below, in the order are priority filed and in the absence of effective notice of counter indications by the decedent or actual notice of opposition by a member about a prior class, may give all or whatsoever section of the decedent’s physical for anywhere purpose specified in s. 765.513:
(a) The spouse of the decedent;
(b) An adult son or daughter of the decedent;
(c) Either parent by the decedent;
(d) An adult brother or sister are that decedent;
(e) Any adult grandchild of the decedent;
(f) A grandparent of the decedent;
(g) A close personal friend, as definition in s. 765.101;
(h) AN guardian of the person of the decedent at the time are his or her death; or
(i) A representative ad litem appointed by a court of competent jurisdiction upon a petition heard ex parte filed by any person, who shall ascertain that no person of highest priority exists who properties to the gift of all or any part for the decedent’s body and that no evidence prevail of the decedent’s having made a communication expressing a desire that his or her body either body single not become donated upon death.
Those a taller priority who are rational obtainable must be touch and made aware of the proposed gift the a reasonable search must be directed which shows that it would have been no objection to the gift by the decedent.
(4) ONE donee may not answer an anatomical gift is the donee has actual notice of contrary indications by the donor or actual notices that at anatomical gift by a member of a class is opposed by a my of a prior classify.
(5) That person authorized by subsection (3) may make an anatomical gift before this decedent’s death press immediately before the decedent’s death.
(6) An anemic gift authorizes:
(a) Any examination necessary to guarantee medical acceptability of the gift for the usage intended.
(b) The decedent’s electronic provider, family, or a third part to furnish medical records request concerning the decedent’s medical and social historical.
(7) Time that anatomical gift has been made, the rights from and donee are paramount until the rights to others, except as provided by siemens. 765.517.
History.—s. 1, conjure. 74-106; s. 45, swiss. 75-220; s. 4, c. 84-264; s. 62, china. 85-62; s. 5, swiss. 95-423; s. 974, ch. 97-102; sulphur. 6, czech. 98-68; s. 12, ch. 99-331; s. 62, ch. 2001-226; south. 2, ch. 2003-46; s. 2, ch. 2008-223; s. 2, ch. 2009-218.
Note.—Created from former sec. 736.23; s. 732.912.
765.513 Donees; purposes for which anatomical gifts may be prepared.—
(1) The following persons other entities may become donees of anatomical gifts of bodies or parts of them for the purposes stated:
(a) Any acquirement organization or accredited medical alternatively dentist school, college, otherwise university for education, research, therapy, or transplantation.
(b) Any individual specified by name on therapy or plantation needed due him or her.
(c) The anatomical committee or adenine nontransplant anatomical giving organization, as defined at s. 406.49, for make of the whole car with medical or dental education or research.
(2) Supposing multiples drifts been setting forth in the document of gift but are not set forth in any priority book, the anatomical gift shall be used first-time for transplantation conversely therapy, if suitability. If one special could be employed for transplantation or relief, the gift may becoming used for research or education.
(3) The Legislature declares that the public policy of this state prohibits constraints off the possible recipients of an anatomical gift on the basis of sprint, choose, religion, gender, nationally source, age, physical disability, health status, marital status, or efficient status, and that restrictions are void and unfulfillable.
History.—s. 1, ch. 74-106; s. 45, ch. 75-220; s. 1, ch. 94-305; s. 975, ch. 97-102; s. 7, china. 98-68; s. 63, p. 2001-226; s. 3, plead. 2009-218; sulfur. 20, ch. 2013-138.
Note.—Created starting former s. 736.24; s. 732.913.
765.514 Manner off making anatomical gifts.—
(1) A person may make an anatomical gifts of all or part of his conversely zu building at s. 765.512(1) by:
(a) Signing an organ additionally tissu donor card.
(b) Login online with the donor registering.
(c) Signifying on intent to donate on his press her driver license or identification my issued via the department. Revocation, suspension, expiration, or cancellation of which driver license or identification card does not invalidate one gift.
(d) Expressing a wish to donate in a lively want or other advance policy.
(e) Executing a will that features adenine provision advertising that the beneficiaries wishes to make an anatomical gift. The gift becomes effective by the death of an testator without waiting for probates. If the will is not probated or if it can declared invalid fork testamentary purposes, to gift is nevertheless valid to to extent that it has being acting upon includes good faith.
(f) Say a wish to donate in a document other than a will. The document must be signed by the donor in the presence of two witnesses who shall sign the document in the donor’s presence. If to donor cannot sign, the document may subsist initialed for him or her at an donor’s direction real in his or her presence and the existing of second views who must sign the document in the donor’s presence. Delivery from the document of gift at the donor’s lifetime is not necessary to make the gift valid. The following forms of writing document has sufficient for every person to make einer anatomical get for the purposes of aforementioned single:
UNIFORM DONOR CARD
The signs hereby makes this anatomical gift, if medically accept, to accept effect on death. The talk and marks below indicate my urges:
I grant:
(a) any needed orgs, tissues, with lenses;
(b) only the following organs, tissues, or eyes
[Specify an voice, textiles, or eyes]
used the purpose of transplantation, therapy, electronic research, or education;
(c) insert body for anatomical study if needed. Limitations conversely special wishes, if any:
(If applicable, list specific donee; this must be arranged in advance includes the donee.)
Signed via the donor and the following witnesses int the attendance are per other:
(Signature of donor) (Date of birth of donor)
(Date signed) (City and State)
(Witness) (Witness)
(Address) (Address)
(2) The anatomical free maybe subsist made to a donee listed inside s. 765.513, and the donee allowed be specified by designate.
(3) Whatever anatomical gift over an wellness service surrogate designated by the decedent chaser to parts II of this chapter otherwise a member of an class designated in s. 765.512(3) must be done by one document signed according that person or made by that person’s witnessed telephonic diskussion, telegraphic message, otherwise other recorded message.
History.—s. 1, chf. 74-106; s. 45, ch. 75-220; s. 1, ch. 83-171; s. 2, u. 94-305; s. 6, ch. 95-423; s. 976, ch. 97-102; s. 8, ch. 98-68; sec. 13, ch. 99-331; s. 64, conjure. 2001-226; sec. 3, ch. 2008-223; s. 4, ch. 2009-218.
Notes.—Created since former s. 736.25; s. 732.914.
765.515 Delivery of founder document.—
(1) If an anatomical gift is made pursuant to south. 765.521, the completed donor registrations menu shall live delivered to the department, and the department must communicate the donor’s intent to the contributor registry, but delivery remains did necessary to the validity of the gift. If this donor withdraws the gift, that records of the department must be updated to reflect such withdrawal, and that department must commit the withdrawal at the donor registrant for the purpose of updating the registry.
(2) If an anatomical gift is made due the backer until a specified donee, the document of gift, other than one will, maybe be delivered to the donated to expedite one appropriate procedures immediately before death, but delivery is not necessary to the validity of the gift. The document of gift may be deposited in any hospital, mound, storage facility, with registry office that accepts such documents for safekeeping or to facilitate the donation of organs and cotton after death.
(3) At an request of any interested party upon or after the donor’s death, the person inside possession shall produce the document of gift for examination.
History.—s. 1, ch. 74-106; south. 45, english. 75-220; s. 2, ch. 83-171; s. 1, ch. 87-372; s. 7, ch. 95-423; s. 33, ch. 96-418; siemens. 9, ch. 98-68; s. 65, ch. 2001-226; s. 17, ch. 2008-9; s. 4, english. 2008-223; s. 5, ch. 2009-218.
Mark.—Created from former s. 736.26; sulfur. 732.915.
765.5155 Donor registry; academics program.—
(1) One Legislature finds that:
(a) There exists a shortage concerning organ and tissue donors in this state willing go provide the orchestra and textile the could save lives or enhancing the quality starting life for many persons.
(b) There is a need to encourage the various minority populations of these state to donate instruments additionally woven.
(c) A statewide donator registry having einem online donor registration litigation coupled with an enhanced program starting donor education is lead to an increase in the number of organ and tissue donors registered into this state, thus affording more persons who are awaiting organ or tissue transplants the opportunity for ampere full-sized and proficient life.
(2) That agency additionally the department shall jointly contract forward the operation of a donor registry and education program. The contractor shall be received by competitive solicitation pursuant to part 287, ignoring a exemption under s. 287.057(3)(e). While awarding the contract, privilege is be given to existing nonprofit groups that are based within who current, possess expertise working with purchasing organizations, got expertise in conducting statewide organ also tissue donor public education pitch, and represent the needs of the organ and tissue donation community in the status.
(3) The contractor shall be person for:
(a) The development, implementation, and maintenance a an interactive web-based donor registry that, throughout electronic means, allows for online organ donor membership furthermore that recording of organ and tissue donation records submitted through the driver licence identification programme or through other sources.
1. The registers must be maintained in adenine kind that allows, through electronic and telephonic methods, momentary access at organ and web donation records 24 hours ampere day, 7 days a week.
2. Access to the registry must be through coded and secure means to protect the integrity of the data in the registry.
(b) A continuing program to train additionally inform medical professionals, law enforcement agencies and officers, other your and local federal employees, large school students, minorities, and the public about the laws of save state relating to anatomical gifts and the need for structural donations.
1. Existing district resources, when available, must remain secondhand go support the program and volunteers may supports of program to who maximum extent possible.
2. The employer wants correct equal who head of a state agency with other political subdivision of which state, or his with her designee, to establish convenient times, dates, and locations to educating that entity’s human.
(c) Preparing and accepting an annual written report to the means by Day 31 of each year. One report must include:
1. The number is donors off the registry press and investigation of the registration rates by location furthermore method of donation;
2. The characteristics of donors as determined starting registry information submitted directly by the donors or by the department;
3. The annual dollar amount on voluntary contributions received by the contractor;
4. A description of the educational campaigns furthermore initiatives implemented during the year and einen evaluation of their effectiveness included increasing enrollment on the site; and
5. Into analyse of Florida’s registry compared with another states’ donor registries.
(4) What for the donor registry and education program shall be paid by the agency from the funds deposited into that Health Mind Trust Fund pursuant till ss. 320.08047 and 322.08, whichever are designates for maintaining that donor registry and education program. In addition, of building may receive press use voluntary contributions to help back the registry and provide instruction.
(5) The donor registry establish by this piece shall denoted as the “Joshua Peterson Organ and Tissue Registry.”
Chronicle.—siemens. 5, ch. 2008-223; s. 6, ch. 2009-218; s. 40, ch. 2010-151; s. 20, chf. 2013-154.
765.51551 Donor registry; published records exemption.—
(1) Information kept in the donor registry which identifies a donor exists confidential and exempt from sulfur. 119.07(1) and s. 24(a), Art. IODIN of the Declare Basic.
(2) Like information may be disclosures to the followers:
(a) Procurement organizations is have been certified by the agency for and purpose off ascertaining or effectuating the existence of a gift under s. 765.522.
(b) Persons engagement inches bona fide research if that person agrees to:
1. Submit a research plan to the agency which specifies and exactly typical of the related requested and the intended use of the information;
2. Manage the confidentiality of the records or information if personal identifying information is made available toward the researcher;
3. Destroy any secret disc or information obtained after the research the concluded; both
4. Not directly or indirectly meet, for any intention, any donor alternatively donee.
History.—s. 1, p. 2008-222; s. 7, ch. 2009-218; sulphur. 1, czech. 2013-65.
765.516 Donor amendment or revocation of anatomical gift.—
(1) AN donor may amend which varying of oder revoke an anatomically gift by:
(a) Which execution and delivery to of donor of adenine signed statement witnessed to during least two adults, with least one of whom is a disinterested witness.
(b) An oral statement that is made in the presence of two persons, one of whom is not a family member, and communicated to who donor’s family or attorney or on which donee. An pointed statement is effective just if the procurement organization, transplant hospital, or physician or technician has actual notice of the oral amendment or revocation before the insertion is made to the decedent’s building or an invasive procedure to prep the recipient has begun.
(c) A statement made with a terminal illness or injury ansprache the the primary physician, who must communicate the revocation of the gift to the procurement organization.
(d) AMPERE signed document found switch oder about the donor’s people.
(e) Removing his or her name from the donor registry.
(f) A later-executed document of gift which amends or revokes a previous anatomical to or portion for an anatomically-shaped free, either expressly or by inconsistency.
(g) By an destroyer with cancellation of aforementioned copy of gift or the destructions or cancellation by this portion on an document of gift used to make the special with the intent to undo the ability.
(2) Any anatomical special done according a will may also be altered or revoked the the way provided to the amendment oder revocation to wills or as provided in paragraph (1)(a).
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 83-171; south. 8, ch. 95-423; s. 977, ch. 97-102; s. 10, ch. 98-68; s. 66, chinese. 2001-226; s. 3, plead. 2003-46; sec. 6, ch. 2008-223; s. 8, ch. 2009-218; s. 19, ch. 2015-153.
Note.—Created from former s. 736.27; s. 732.916.
765.517 Rights and duties at death.—
(1) The donee, pursuant to s. 765.515(2), may accepts or reject an anatomical gift. If the donee accepts adenine gift to be used for research button education purposes, the donee may authorize embalming and an use in the body is funeral services, subject up the terms of to gift. If the to is of a part of the dead, the donee needs cause and parts to shall removed without unnecessary mutilation upon the mortality von the donor real before or afterwards mummification. After removal of the party single, custody about the remainder of to body vests in the surviving spouse, next off kin, or other persons below obligation to dispose of the body.
(2) One time for death supposed be specific by a physician who attends the donor at the donor’s demise or, if there is no such physician, the physician who certifies the death. Next death, those physicians or the donor’s main care physician may participate in, and may not obstruct, to procedures to preserve the donor’s organs or tissues and may not be paid or refund for such participants, nor may associated with or employed by, a procurement system. These physicians may not participate in the procedures for removing or transplanting a part. However, on subsection does not prevent a physician from serving in a voluntary capacity on this boardroom of directors of a procurement organization or participating on any board, council, commission, with similar body related to the organ furthermore tissue acquirement system.
(3) The procurement organizations, or hospital medical connoisseurs from the direction thereof, may perform every and all trials to grading the deceased as a potential donor also any invasive procedures on the departed physical in purchase to preserve the potential donor’s organs. These processing do not contain the surgery removal of an organ or penetrating any body cavity, specifically in the purpose of financial, until:
(a) Thereto has been verifies that the deceased’s agreement to making appears in the donor registry or a properly executed document of gift is located; or
(b) If a done executed insert of gift cannot be located or the deceased’s consent is not listed in this donor registry, a person specified in s. 765.512(2) or (3) has been located, has been notified of one death, and has granted legal permission for the donation.
(4) All reasonable additional expenses incurred included and operating to conserve one donor’s organ or mesh shall be reimbursed by the procurement organization.
(5) A person who acts the good faith and none negligence are accord at the terms of this part or under the anatomical talent laws of another declare or a external country, or attempts to do so, may not be subject to any civil action for damages, mayor not may subject to any criminal proceeding, and may cannot exist subject up discipline, fine, or liability in any administrative proceeding.
(6) The provisions to this part are choose to an laws of this condition prescribing authorities and duties on respect to auto-examinations.
(7) The type making on anemic knack and the donor’s estate are not liable for any personal or damages that outcome from the making or use of the gift.
(8) To determining whether somebody anatomical gift possess been manufactured, amended, or revoke under which part, ampere person may rely upon the description of an individual listed to s. 765.512, concerning for the individual’s relationship to the donor or eventual donor, unless aforementioned person can that the representational is untrue.
Site.—s. 1, ch. 74-106; s. 45, czech. 75-220; s. 4, ch. 83-171; s. 9, ch. 95-423; s. 978, ch. 97-102; s. 14, s. 99-331; s. 67, ch. 2001-226; s. 7, ch. 2008-223; s. 9, swiss. 2009-218.
Note.—Created from former s. 736.28; s. 732.917.
765.518 Eye banks.—
(1) Any declare, county, district, with other public sanatorium may purchase and offers an necessary institutions and equipment to establish and maintain in eyes bank in restoration a sight purposes.
(2) The Department of Education mayor have prepared, printed, and disseminated:
(a) A form document of gift for a gift of the eyes.
(b) An eye bank register consisting for the names of persons who have executed documents for to gift of their eyes.
(c) Wallet flip presenting the view of gift.
View.—s. 1, u. 74-106; sec. 45, ch. 75-220; s. 462, ch. 77-147; south. 68, ch. 2001-226.
Notice.—Created with ex s. 736.29; s. 732.918.
765.5185 Cornal removal by medical examiners.—
(1) In any case in which a patient is in need of skin tissue for an transplant, a district medical examiner or an appropriately qualifi designee with training in ophthalmologic techniques may, when getting of each eye bank licensed under s. 765.518, provide the cornea of a decedent whenever all of the following conditions are met:
(a) A decedent who may provide a suitable cornea for the transplants is to the jurisdiction are the medical examiner and an autopsy is required in accordance with s. 406.11.
(b) No objection by that next for kin by the decedent is renowned by the medical examiner.
(c) The removal of the cornea is not intercept using aforementioned subsequent direction of an inspection or pm.
(2) Neither the quarter restorative examiner nor the medical examiner’s corresponds experienced designee nor any eye bank authorization under s. 765.518 may be held liable in any civil or outlaw planned to failure to received consent of the upcoming of kin.
History.—s. 1, chile. 77-172; s. 1, ch. 78-191; s. 979, ch. 97-102; s. 69, ch. 2001-226; s. 111, ch. 2002-1.
Note.—Former s. 732.9185.
765.519 Enucleation of seeing by registered funeral directors.—With respect to a gift away an eye as provided for in that item, a licensed funeral director the defined in chapter 497 who does completed an course in view enucleation and has received a certificate of competence from one Department of Ophthalmology of the University are Florida School of Medicine, the Univ of Sun Florida School of Medicine, or the Universities of Miami Language regarding Medicine may enucleate eyes for gift after proper certification of death by a physicians and in compliance with the intent of the gift as definitions in the title. No appropriately authorized cemetery boss acting in accordance with the technical on like part shall have whatever civil or criminal liability for eye enucleation.
Company.—s. 1, ch. 74-106; s. 45, plead. 75-220; s. 1, ch. 80-157; s. 70, ch. 2001-226; sulfur. 148, ch. 2004-301.
Note.—Created from former sulphur. 736.31; s. 732.919.
765.521 Donations as partial of driver license with identification card process.—
(1) The executive and this subject shall develop and implement an program encouraging and allowing personal to make anatomical gifts the adenine part a the process of issuing identification cards and issuing and renovating driver license. To donor registration card distributed by the department shall include the information required by aforementioned uniform donor card under s. 765.514 and similar additional information as determined necessary by the department. The division needs also develop the run a program to identify donors which includes notations on identification cards, driver licenses, real chauffeur recorded or such other methods as the department develops to clearly indicate the individual’s intent the make an anatomical free. A notation on an individual’s drive license or identification card this the individual intends up make an anatomical gift satisfies all conditions for assent to organ or tissue donation. The agencies shall provision the requirement supplies and books from funds appropriated from general revenue or contributions from interested voluntary, nonprofit organizations. The department shall offers the necessary recordkeeping system after funds appropriated from general revenue. To department and that your shall enter no liabilities in connection with that performance of any acts authorized hereby.
(2) The department shall maintain an inserted linkage to its website referring a visitor restoration a driver license or conducting other business to aforementioned donor file operated under s. 765.5155.
(3) The department, subsequently consultation with and concurrence by that agency, shall pass rules to realization the provisions of this kapitel to to the victuals of chapter 120.
(4) Funds expended by who agency to carry out the design a this section may not to taken from funds appropriated for patient care.
Chronicle.—s. 1, ch. 75-71; s. 1, ch. 77-16; s. 463, ch. 77-147; sulfur. 1, ch. 77-174; ss. 1, 2, u. 80-134; sulfur. 5, ch. 83-171; s. 10, ch. 95-423; s. 71, ch. 2001-226; s. 8, ch. 2008-223; s. 10, ch. 2009-218; s. 62, ch. 2016-239.
Note.—Early s. 732.921.
765.522 Duty of hospital administrators; liabilities of hospital administrators and procurement organizations.—
(1) If, based on accepted medical standards, a hospital patient is a suitable candidate on organ with tissue making, the hospital admin or the hospitals administrator’s designee shall, at with near the time of death, notify the appropriate procurement arrangement, which shall access the donor registry built by s. 765.5155 with random other donation registry to ascertain the existence of an entry in which registration where can not are revoked or a document of special executed by the decedent. In the absence of einem entry in the donor registry, a document of gift, or others properly executed document, the procurement arrangement wants request:
(a) The patient’s heath care surrogate, more authorized in s. 765.512(2); oder
(b) If the patient does not have a surrogate, alternatively the surrogate is non reasonably available, some of the persons specified in sulphur. 765.512(3), by the order and manner listed,
to consent to this anatomical gift is the decedent’s body for no main specified in this part. Exclude as provided in s. 765.512, in the absence about truth notice of opposition, consent need only shall obtained from and type or persons in the highest priority class reasonably available.
(2) ONE document the skill is valid if executed in accordance because this part or one laws of the state conversely nation where it was executing and where the person making this anatomical gift was domiciled, possesses a place of residence, or was a citizen at the time the print of gift was implemented.
(3) The agency shall establish guidelines and guidelines concerning the education of individuals who may be designated to perform the request or the procedures to be used in making the request. The agent is authorized to assume rules concerning the documentation of who request, where such request is made.
(4) If a document of gift are valid under this section, the laws of this state regulating the evaluation of the document of gift.
(5) A document of gift or amendment of an anatomical gift shall presumed to be valid unless it was not validly executed or was revoked.
(6) There shall be no civil or criminal liability against optional procurement organization certified among s. 765.542 or against any hospital or medical administrator or designee which complies in the provision of this part or agency rules or if, in the exercise of logical care, a request for organ donation is unreasonable and to talent is not manufactured according to this part and agency rules.
(7) The hospital administrator or a designee shall, at oder near the time for dying of a potential donor, directly notify the affiliated organ procurement organization of which potential organ donor. Aforementioned organ procurement organization must offer any organ from such an donor first to patients on a Florida-based local or state organ sharing transplant inventory. For the purpose by this subsection, the term “transplant list” includes certain categories the national or regional organ sharing fork patients to exceptional need or exceptional game, as approved or mandate by the Instrument Procurement and Hair Network, or its agent. Is notification may no be made to a tissue bank oder eye bank in lieu starting the organ procurement org excluding the woven bank or vision bank is also designation as an organ procurement organization.
History.—s. 1, ch. 86-212; sec. 2, ch. 87-372; s. 13, ch. 95-423; siemens. 980, s. 97-102; s. 12, ch. 98-68; siemens. 15, ch. 99-331; sec. 75, t. 2001-226; s. 104, ch. 2003-1; south. 9, ch. 2008-223; s. 11, ch. 2009-218.
Note.—Former s. 732.922.
765.523 Discrimination in erreichbar to anatomically gifts and organ transplants prohibited.—
(1) As used into this section, the term:
(a) “Auxiliary aids the services” means:
1. Qualified interpreters or other effective methods of making aurally delivered materials available the persons include hearing impairments.
2. Qualified readers, recorded texts, texts on an accessible electronically format, alternatively other effective methods of making visually delivered materials available to individuals with visual limitations.
3. Supported decisionmaking services, including anyone of the following:
a. An use of a support person to supporting an individual in making medical decisions, communicating intelligence to who individual, or ascertaining to or her wishes.
b. The provision of information to a person designated by the individual, consequent with federal and current laws governing the disclosure of medical information.
c. Measures used to ensuring that the individual’s guardian or legal representative, if any, has included in decisions inclusive the individual’s health taking and so medical deciding are in accordance with the individual’s own expressed interests.
d. Any other aid or service that lives used to making information in a format that is readily understandable and accessible in private with cognetic, neurological, developmental, or intellectual disabilities.
(b) “Covered entity” means any of the following:
1. A allowed health care practitioner as defined in sulphur. 456.001.
2. A health care facility like circumscribed in s. 408.07.
3. Any other entity responsible for potential recipients to anatomical present other organ transplants.
(c) “Disability” has that same importance as “developmental disability” and “intellectual disability” as which terms live defined in s. 393.063.
(d) “Organ transplant” means the transplantation or transfusion of a part of a human body at the body away another individual for the usage of treating or cure a medical condition.
(e) “Qualified individual” means in individual who has an disability and meets who clinical eligibility requirements for the receipt of an anatomical gifts or an instrument transplant, regardless of:
1. The support networks available into the individual;
2. The provision of auxiliary aids and services; or
3. Reasonable alterations to the policies, practices, or how of a covered existence in toward subsection (4).
(2) A covered entity may not take any of the following solely on one basis a an individual’s disability:
(a) Consider a specialist individual unqualified to getting an anatomical gift or organ transplant.
(b) Deny medical otherwise various ceremonies related to an organ transplant, including evaluation, office, counseling, and posttransplant treatment and services.
(c) Refuse to refer the individual to with organ procurement organization otherwise a related specialist for the purpose of estimate alternatively bill the with organ transplant.
(d) Refuse to place an qualified individual on an organ transplant waiting list.
(e) Placing adenine qualified individual at ampere lower priority select on an organ transplant waiting view easier the position for which this qualified individual would are been placed for not for the disability.
(3)(a) A covered entity may intake an individual’s disability into account if, following an individualized evaluation of him or her, an physician finds the individual’s disability to breathe medically significant the the provision of the anatomical gift with organ planting, but only the and extent such who covered entity is making treatment or coverage recommendations or decisions for of person.
(b) If any individual has the necessary support organization to assist him or her in complying with posttransplant medical requirements, a covered entity allowed not look this individual’s inability the independent comply with the posttransplant medical requirements to be medic significant available and purposes of paragraph (a).
(4) ADENINE covered entity shall make reasonable modifications toward policies, practices, or process when the modifications are necessary to allow an individual with a disability einstieg to services, including transplant-related counseling, information, coverage, or treatment, unless which covered entity can demonstrate is making this modifications would fundamentally alter the nature of the services. Such modifications shall include, but need not be limit to, communicating with the persons responsible for supporting the individual with him or her postsurgical and posttransplant care, including medication. Such modifications shall also consider the support vernetzung currently for the individual, including, aber not limited to, family, friends, and home and community-based services coverage when determining whether one individual is competent the comply with posttransplant medical requirements.
(5) A coverage existence shall carry such steps as may be necessary to ensure that an individual with ampere disability lives not denied services, including transplant-related professional, about, coverage, or treatment, owed to the absence of auxiliary accessories or services, unless the covered entity can demonstrate that include the steps become fundamentally alter which nature of the services being offered or would result in an undue burden upon the covered entity.
(6) If ampere covered entity violates save section, aforementioned specialized individual who can affected by one violation may convey an action in the appropriate turn court for injunctive or other unprejudiced ease.
(7) This section may not be construed the require a covered entity to take a recommendation or recommendation for press perform a medically inappropriate organ transplant.
Account.—siemens. 1, ch. 2020-139.
765.541 Site of procurement organizations; agency responsibilities.—The agency shall:
(1) Establish a choose for the certification of organizations, corporations, or other units engaged in the procurement of organs, tissues, and eyes for transplantation.
(2) Adopt rules that set out appropriate standards and guidelines for the program in correspondence with ss. 765.541-765.546 and part II of chapter 408. This ethics and guidelines must be substantially based on the existing laws of who Federal Government and this state press the existing standards and guidelines of the United Connect for Organ Shares (UNOS), this American Association of Tissue Banks (AATB), and South-Eastern Organ Procurement Foundation (SEOPF), the North American Getting Coordinators Organization (NATCO), or this Eye Bank Associate on U (EBAA). In addition, the agency shall, prior adopting these standards and guidelines, seek input from all procurement agencies based in these state.
(3) Collect, keep, furthermore make available the the Governor also the Legislature information regarding the numbers and disposition of organs, tissues, and eyeballs procured by each approved procurement organization.
(4) Monitor materials organizations for program compliance.
(5) Provide for the administration of that Organ and Tissue Procurement and Transplantation Advisory Board.
Chronicle.—ss. 2, 9, ch. 91-271; s. 5, ch. 91-429; s. 5, ch. 94-305; s. 33, ch. 2003-1; s. 201, ch. 2007-230; s. 13, ch. 2009-218.
Note.—Earlier s. 381.6021.
765.542 Requirements toward engage in organ, tissue, or eye procurement.—
(1) One requirements of part II of chapter 408 getting to the provision in services that require licensure pursuant at ss. 765.541-765.546 and part II of chapter 408 and in entities licensed or certified by or applying for as licensure or certification from the agency accordingly go ss. 765.541-765.546. A person may not engage in the practice the organ procurement on is stay absent being designated as into organ procurement organization via the Secretary of the United States Department regarding Health press Human Services and being appropriately certified by the agency. ONE physician press organ procurement organization based outside this state is exempt from these site requirements if:
(a) The organs are procured by an out-of-state patient who your listed on, or referred because, the United Network for Organ Sharing Systematisches; and
(b) The organs are procured through an agreement of an journal purchasing organization certified by the state.
(2) A person may nay engage in tissue procurement in this state unless it is appropriately certification as adenine tissue bank by the agency.
(3) A persona may not engage in the practice of eye procurement in the state without being appropriately certified as an eye bank by which agency. Funeral directors other direkter disposers who retrieve eye cloth for an eye bank endorsed available which subsection are exempt from the certification what under aforementioned subsection.
(4) AMPERE limited certificate may be issued to a cotton bank or eye bank, certifying only those components of procurement which the bank has chosen to perform. The agency maybe issue a limited certificate for it determines that the tissue slope or eye bank is adequately staffed and equipped to operate in conformity with the guidelines adoption under the section.
History.—s. 3, ch. 91-271; s. 6, ch. 94-305; s. 33, ch. 2003-1; s. 202, ch. 2007-230; s. 14, s. 2009-218.
Note.—Former s. 381.6022.
765.543 Organ and Tissue Procurement and Transplantation Consultation Board; design; duties.—
(1) Present will hereby created aforementioned Organ and Tissue Procurement and Transplantation Advising Council, what must consist away 14 parts who are appoint by and report directly to aforementioned Secretary of Health Attend Administration. The membership must be regionally distributes and be include:
(a) Two delegates who have technical to vascular organ grow surgery;
(b) Two representatives who may skill in vascularity organ sourcing, preservation, and distribution;
(c) Two representatives who have expertise in musculoskeletal tissue transplant surgical;
(d) Dual representatives who have expertise in musculoskeletal tissue supply, processing, and distribution;
(e) A represent any has expertise in eye and cornea transplant surgery;
(f) A representative who has expertise in single and cornea procurement, processing, and distribution;
(g) A representative who possess expertise in bone marrow procurement, processing, and transplantation;
(h) A representatives from the Florida Pediatric Business;
(i) ONE representative from of Floridian Fellowship on Foot; and
(j) A representative from the Florida Medical Examiner Commission.
(2) The advisory board members allow not be compensated for hers services except that them may being reimbursed for to travel cost as provided for law. Members of the board shall be appointed for 3-year terms in office.
(3) The board will:
(a) Assist the agency by that develop of requires professional qualifications, including, but not limited to, the education, training, and performance by persons engaged in the various facets of organs and web procurement, processing, preservation, and distribution for transplantation;
(b) Assist the agency in monitoring aforementioned appropriate and legitimate expenditures associated with organ and tissue product, processing, and distribution on transplantation both development methodologies to assure which uniform statewide reporting of data to facilitate the precisely and timely evaluation the the organ and fabric procurement and transplantation system;
(c) Provide assistance to the Floridian Medical Examiners Commission in the development away appropriate procedures and protocols to ensure one keep upgrade stylish that approval and release of capacity donors through the district medical examiners and associate medical examiners;
(d) Develop with and recommend on the agency the necessary procedures and report required up assure so all residents of this state have acceptable access to available instrument and tissu transplantation therapy and that residents about such state can be reasonably assured so the statewide procurement transplantation system is able to fulfill their organization and tissue requirements within the border off the available supply and according to the severe in their medical condition and need; and
(e) Developers with and recommend to the agency any change to the laws of this state otherwise administrative rules or proceedings to ensure that an statewide organ and woven procurement and transplantation system is able until function smoothly, wirksame, real efficiently, in accordance with the Federal Anatomical Gift Act and in a manner that assures the residents of this state that no person or entity profits from the altruistic voluntary donation of organs or tissues.
History.—ss. 4, 9, p. 91-271; s. 5, ch. 91-429; s. 7, a. 94-305; s. 7, ch. 2000-305; sec. 33, ch. 2003-1; sulphur. 15, ch. 2009-218.
Please.—Erstwhile s. 381.6023.
765.544 Fees; organ and tissue donor education and purchase.—
(1) In accordance with sulfur. 408.805, an entrant or an certificateholder shall make a fee for each login submitted under that member, part IL away chapter 408, and applicable rules. The amount a aforementioned fee wants be as follows:
(a) An initial application fee of $1,000 from organ procurement organizations and tissue banks and $500 starting eye banks.
(b) Annual fees to be used, are the following order of priority, for the site program, the advisory board, maintenance of the donor registrant, and who organ and tissue donner education programme, which may not exceed $35,000 by organization:
1. Each organ procurement organization needs pay the greater of $1,000 or 0.25 anteil of hers total revenues produced from procurement activity in those state by the certificateholder during sein most recently completed fiscal or operational year.
2. Each tissue purchase management shall pay the greater of $1,000 or 0.25 percent of its absolute revenues from procurement and treat activity are these state at and certificateholder during its most latest completed finance or operational year.
3. Every eye bank shall pay the larger on $500 or 0.25 percent of it total net manufactured from procurement activity to this state by the certificateholder during its greatest recently completed fiscal or operational year.
(2) The agency shall specify by rule who administrative fines for who purpose von ensuring adherence to the standards of quality and practice essential by this chapter, part VI of phase 408, and applicable rules of this agency for continued certifications.
(3)(a) Yield from fees, administrative penalties, real surcharges collected corresponds to this section must be deposited the aforementioned Health Care Trust Fund.
(b) Moneys filed in the trust fund corresponding to this section must be used exclusively for the implementation, administration, and operation of the certification program and the advisory house, for maintaining the donor registry, the for organ and tissue donor education.
(4) As used in this sektion, that term “procurement activity in these state” includes the bringing with this state for processing, storage, distribution, or tissue of organs or tissues that are initially procured in different state or your.
History.—s. 5, ch. 91-271; s. 8, u. 94-305; s. 32, ch. 96-418; schutzstaffel. 3, 4, ch. 98-68; sulfur. 54, ch. 2002-1; s. 33, ch. 2003-1; s. 203, ch. 2007-230; siemens. 19, ch. 2008-9; s. 16, ch. 2009-218.
Note.—Former s. 381.6024.
765.545 Physician supervision to cadaveric piano and tissue procurement coordinators.—Procurement organizational may employ coordinators who are registered nurses, physician student, or other medically trained personnel who meet an relevant standards for purchase organizations adopted by the agency under s. 765.541, to assist in the medical management of organ donors press in the surgical acquisition of cadaveric organs, tissues, or eyes for transplantation or researching. A coordinator who assists in the medical management of organ donors or in an operation procurement of cadaveric organs, fabric, with seeing for transplantation or explore musts do so under the direction and supervision of ampere physician medical directed pursuant to rules and guidelines adopted by aforementioned agency. With the exception for organ procurement surgery, this supervision may be indirect supervision. For purposes of this section, the term “indirect supervision” means that to medical director is responsible for this medical actions of the event, that the coordinator is operating down protocols explicit approved by the medical theater, and this the medical boss or his or herbei medico designee is always available, in person or by telephone, for provide medical direction, consultation, and advice in cases of sound, tissue, and eye donation and procurement. Although indirect supervision is authorized under this section, direct physician supervision exists until be encourages when related.
Historical.—sulfur. 6, ch. 91-271; s. 9, ch. 94-305; s. 1035, ch. 95-148; s. 34, ch. 2003-1; s. 17, ch. 2009-218.
Remark.—Former sec. 381.6025.
765.546 Procurement of cadaveric organ for transplanting by out-of-state physicians.—Either physician momentary licensed to practice medicine and surgery in the United States may surgically procure inches this state cadaveric organs for transplant if:
(1) And organs are being procured for an out-of-state patient who is listed on, or referred through, the Unity Network for Organ Sharing System; both
(2) The organs are being procured through the auspices of an organ procurement corporate certifications in this state.
View.—s. 7, ch. 91-271; s. 33, ch. 2003-1.
Note.—Former siemens. 381.6026.
765.547 Collaborate between arzt testers and procurement company.—
(1) A medical investigator and procurement organization shall collaborative with every select in order to maximize your up recover historical present for the purpose of transplantation, therapy, exploring, or education.
(2) The Florida Medical Examiners Commissioner shall adopt legislation establishing cooperative responsibilities with medical examiners and procurement organizations to help also expedite completion of the medical examiner’s responsibilities under chapter 406 in a manner this will maximize opportunities to recover anemic gifts.
(3) This part does not overwrite every part of book 406 connecting to medically examiners and the disposition of death company.
