Bill > H0561

Introduced Session

An act relating to end-of-life options; creating ch. 764, F.S., relating to personal autonomy; creating s. 764.101, F.S.; providing a short title; creating s. 764.102, F.S.; defining terms; creating s. 764.103, F.S.; providing legislative findings and intent; creating s. 764.104, F.S.; providing criteria for qualified patients; providing factors to demonstrate residency; requiring qualified patients to make oral and written requests to obtain medication to end their lives in a peaceful manner; requiring waiting periods before such requests may be made and such medication may be prescribed; providing exceptions; providing a form for written requests; specifying requirements for the valid execution of such form; authorizing a qualified patient to rescind a request at any time and in any manner; creating s. 764.105, F.S.; specifying responsibilities for attending physicians and consulting physicians; providing that a qualified patient's health care providers under the act may not be related to the qualified patient or entitled to any portion of the qualified patient's estate; specifying recordkeeping requirements; requiring certain health care providers to report specified information to the Department of Health; requiring the department to adopt rules; requiring the department annually publish a specified report on its website; providing requirements for the report; creating s. 764.106, F.S.; requiring persons who have custody or control of any unused medication prescribed under the act to dispose of it in a specified manner; creating s. 764.107, F.S.; specifying requirements for the death certificate of qualified patients who die by self- administration of medication prescribed in accordance with the act; creating s. 764.108, F.S.; making certain provisions of legal instruments void and unenforceable under certain circumstances; prohibiting health insurers from denying or discriminating in their provision of health benefits based on the availability of medication prescribed under the act or from attempting to influence a policyholder's decision to make or rescind a request for such medication; prohibiting an individual's participation under the act from affecting the sale, procurement, or issuance of certain insurance policies or the rates charged for such policies; creating s. 764.109, F.S.; providing criminal penalties and immunities; defining the terms "notify" and "participation in this chapter"; authorizing health care providers and health care facilities to prohibit health care providers from participating under the act while on the premises of facilities that they own or operate if they provided prior notice of their policy; requiring such health care providers and health care facilities to clearly articulate this policy on websites they maintain and in materials they provide to patients; requiring such health care providers and health care facilities to provide the policy in an easily accessible location on their websites and in certain materials provided to patients; authorizing health care providers and health care facilities to impose sanctions against health care providers who violate such policies; providing that health care providers and health care facilities may not prohibit their employees from participating under the act off the premises or outside the course and scope of their employment or impose sanctions against them for doing so; requiring sanctioning health care providers and health care facilities to not be arbitrary or capricious in their sanctions and to follow due process procedures when imposing such sanctions; providing that such sanctions may not be considered a violation of the standard of care or as unprofessional conduct for purposes of disciplinary action against a health care provider's license; creating s. 764.11, F.S.; authorizing claims for costs and attorney fees for governmental entities under certain circumstances; creating s. 764.111, F.S.; providing construction and severability; amending s. 782.08, F.S.; exempting persons acting in accordance with the act from certain criminal penalties; providing an effective date.

AI Summary

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Daryl Campbell (D)*, 

Died in Healthcare Regulation Subcommittee (on 03/08/2024)

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Official Document