Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1642
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00281-24                                           20241642__
                      A bill to be entitled                      
       An act relating to death with dignity; creating ch.
       764, F.S., to be entitled “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 individuals to request certain medication as
       qualified patients; providing criteria to demonstrate
       residency; requiring qualified patients to make both
       verbal and written requests for medication; providing
       requirements and waiting periods for such requests;
       providing requirements for a form for written
       requests; specifying requirements for the valid
       execution of the form; authorizing a qualified patient
       to rescind a request at any time and in any manner;
       creating s. 764.105, F.S.; specifying requirements for
       attending physicians; authorizing an attending
       physician to sign a qualified patient’s death
       certificate; specifying requirements for consulting
       physicians; specifying recordkeeping requirements;
       requiring certain health care providers to report
       certain information to the Department of Health;
       requiring the department to annually review certain
       records for compliance and publish a report on
       activities and compliance; requiring the department to
       adopt rules for a specified purpose; creating s.
       764.106, F.S.; making certain provisions of certain
       legal instruments void and unenforceable under certain
       circumstances; prohibiting an individual’s decisions
       or actions under certain provisions from affecting the
       sale, procurement, or issuance of certain insurance
       policies or the rates charged for such policies;
       creating s. 764.107, F.S.; providing criminal
       penalties, liabilities, and immunities; defining
       terms; authorizing employing health care providers to
       prohibit health care providers from participating
       under the act while on the premises of facilities that
       they own or operate if they have provided prior notice
       of their policy; authorizing employing health care
       providers to impose specified sanctions against its
       facilities, operators, and other employees for
       violating such policies; providing construction;
       requiring the sanctioning health care providers to use
       due process procedures when imposing such sanctions;
       providing that certain sanctions may not be the sole
       basis for certain disciplinary action against a health
       care provider’s license; providing construction;
       creating s. 764.108, F.S.; authorizing claims for
       costs and attorney fees in certain circumstances;
       creating s. 764.109, F.S.; providing construction and
       severability; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Chapter 764, Florida Statutes, consisting of
sections 764.101-764.109, Florida Statutes, entitled “Personal
Autonomy,” is created.
       Section 2. Section 764.101, Florida Statutes, is created to
read:
       764.101 Short title.—Sections 764.101-764.109 may be cited
as the “Death with Dignity Act.”
       Section 3. Section 764.102, Florida Statutes, is created to
read:
       764.102 Definitions.—As used in this chapter, the term:
       (1) “Attending physician” means a physician who has primary
responsibility for the care and treatment of a patient with a
terminal condition.
       (2) “Competent” means that in the opinion of a court or in
the opinion of a patient’s attending physician, consulting
physician, psychiatrist, or psychologist, the patient has the
ability to make and communicate health care decisions to health
care providers, including communication through individuals
familiar with the patient’s manner of communicating if such
individuals are available.
       (3) “Consulting physician” means a physician who is
qualified by specialty or experience to make a professional
diagnosis and prognosis regarding the patient’s medical
condition.
       (4) “Counseling” means one or more consultations as
necessary between a psychiatrist or psychologist and a patient
for the purpose of determining whether the patient is competent
and whether the patient is suffering from a psychiatric or
psychological disorder or depression causing impaired judgment.
       (5) “Department” means the Department of Health.
       (6) “Health care provider” means a health care
practitioner, a health care facility, or an entity licensed or
certified to provide health services in this state.
       (7) “Informed decision” means a decision voluntarily made
by a qualified patient to request and obtain a prescription to
end his or her life after a sufficient explanation and
disclosure of information on the subject has been given by his
or her attending physician to enable the qualified patient to
appreciate the relevant facts, including the qualified patient’s
medical diagnosis and prognosis, the potential risks associated
with taking the medication to be prescribed, the probable
results of taking such medication, and any feasible alternatives
to taking the medication, and to make an informed health care
decision without coercion or undue influence.
       (8) “Medically confirmed” means the medical opinion of an
attending physician has been confirmed by a consulting physician
who has examined the patient and the patient’s relevant medical
records.
       (9) “Medication” means a drug as defined in s. 465.003(15)
which an attending physician prescribes to a qualified patient
under this chapter to end his or her life in a humane and
dignified manner.
       (10) “Physician” means a person licensed to practice
medicine under chapter 458 or osteopathic medicine under chapter
459.
       (11) “Psychiatrist” means a physician who has primarily
diagnosed and treated nervous and mental disorders for a period
of at least 3 years, including a psychiatric residency.
       (12) “Psychologist” means a person licensed to practice
psychology under chapter 490.
       (13) “Qualified patient” means an individual who has
satisfied the requirements of this chapter to obtain a
prescription for medication to end his or her life in a humane
and dignified manner.
       (14) “Terminal condition” means a medically confirmed
condition caused by an injury, illness, or disease which is
incurable and irreversible and which will, within reasonable
medical judgment, cause the patient’s death within 6 months.
       Section 4. Section 764.103, Florida Statutes, is created to
read:
       764.103 Legislative findings and intent.—The Legislature
finds that every competent adult has the fundamental right of
self-determination regarding decisions pertaining to his or her
own health and recognizes that for some individuals faced with a
terminal condition, prolonging life may result in a painful or
burdensome existence. It is the intent of the Legislature to
establish a procedure to allow a competent individual who has a
terminal condition, and who makes a fully informed decision that
he or she no longer wants to live, to obtain medication to end
his or her life in a humane and dignified manner.
       Section 5. Section 764.104, Florida Statutes, is created to
read:
       764.104 Qualified patients; residency requirements; written
and verbal requests for medication; waiting periods; form
requirements; right to rescind requests.—
       (1)(a) An individual may request medication as a qualified
patient under this chapter for the purpose of ending his or her
life in a humane and dignified manner if the individual:
       1. Is 18 years of age or older;
       2. Is a resident of Florida;
       3. Has been clinically diagnosed with a terminal condition
by his or her attending physician which has been medically
confirmed by a consulting physician;
       4. Is competent;
       5. Is making an informed decision; and
       6. Has voluntarily expressed his or her wish to die.
       (b) An individual may not qualify for medication under this
chapter solely because of age or disability.
       (c) An individual imprisoned or incarcerated in this state
who otherwise meets the requirements of this section qualifies
for medication under this chapter.
       (2) Criteria demonstrating an individual’s Florida
residency include, but are not limited to:
       (a) Possession of a valid Florida driver license or Florida
identification card issued by the Department of Highway Safety
and Motor Vehicles;
       (b) Proof of registration to vote in Florida;
       (c) Evidence that the individual owns or leases property in
Florida; or
       (d) If an individual is unable to otherwise demonstrate
residency due to his or her imprisonment or incarceration,
evidence that the individual has been imprisoned or incarcerated
in this state for the 6 months immediately preceding the request
for medication under this chapter.
       (3) To obtain medication under this chapter, a qualified
patient must first make two verbal requests and then one written
request for the medication to his or her attending physician.
       (a) A qualified patient may not make the second verbal
request to his or her attending physician for at least 15 days
after making the first verbal request. However, if the qualified
patient’s attending physician has medically confirmed that the
qualified patient will, within reasonable medical judgment, die
within 15 days after making the first verbal request, the
qualified patient may make the second verbal request to his or
her attending physician at any time after making the first
verbal request.
       (b) After a qualified patient makes a second verbal
request, the attending physician must give the qualified patient
an opportunity to rescind the request.
       (c) A qualified patient may make a written request for
medication under this chapter only after he or she has made a
second verbal request for the medication and has been offered
the opportunity to rescind the request.
       (d) An attending physician may not prescribe medication to
a qualified patient under this chapter for at least 48 hours
after the qualified patient makes a written request for the
medication.
       (4)(a) A written request for medication under this chapter
must be made using a form substantially similar to the
following:

                     REQUEST FOR MEDICATION                      
                   TO END MY LIFE IN A HUMANE                    
                      AND DIGNIFIED MANNER                       
       I, ...(name of qualified patient)..., am an adult of sound
mind.

       I have been diagnosed with ...(medical condition)..., which
my attending physician has determined is a terminal condition
and which has been medically confirmed by a consulting
physician.

       I have been fully informed of my diagnosis, prognosis, the
nature of the medication to be prescribed pursuant to this
request and potential associated risks of taking such
medication, the expected result of taking such medication, and
any feasible alternatives, including comfort care, hospice care,
and pain control.

       Pursuant to chapter 764, Florida Statutes, I request that
my attending physician prescribe medication that will end my
life in a humane and dignified manner.

       INITIAL ONE:
       [....] I have informed my family members of my decision and
taken their opinions into consideration.
       [....] I have decided not to inform my family members of my
decision.
       [....] I have no family members to inform of my decision.

       PURSUANT TO SECTION 764.104, FLORIDA STATUTES, I UNDERSTAND
THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME AND IN
ANY MANNER, REGARDLESS OF MY MENTAL STATE.

       I understand the full import of this request, and I expect
to die when I take the medication to be prescribed. I further
understand that although most deaths occur within 3 hours of
taking such medication, my death may take longer, and my
physician has counseled me about this possibility.

       I make this request voluntarily and without reservation,
and I accept full moral responsibility for my actions.

       Signed: ...( signature of qualified patient)...
       Dated: ...( date)...

                    DECLARATION OF WITNESSES                     
       We declare that the person signing this request:
       1. Is personally known to us or has provided proof of
identity;
       2. Signed this request in our presence;
       3. Appears to be of sound mind and not under duress, fraud,
or undue influence; and
       4. Is not a patient for whom either of us is the attending
physician.

       First witness			Second witness
       ...(print name)...		...(print name)...
       ...(signature)...		...(signature)...
       ...(date)...			...(date)...

       NOTE: At least one witness may not be a relative (by blood,
marriage, or adoption) of the person signing this request, may
not be entitled to any portion of the person’s estate upon
death, and may not be an owner, operator, or employee of a
health care facility where the person is a patient or resident.
       (b) To be valid, the written request must be signed by the
qualified patient and witnessed by at least two individuals who,
in the presence of the qualified patient, attest that, to the
best of their knowledge and belief, the qualified patient is
competent, is acting voluntarily, and is not being coerced to
sign the request. At least one of the witnesses must be a person
who is not:
       1. A relative of the patient by blood, marriage, or
adoption;
       2. Entitled, at the time the request is signed, to any
portion of the estate of the qualified patient upon death under
any will or by operation of law; or
       3. An owner, operator, or employee of a health care
facility where the qualified patient is receiving medical
treatment or is a resident.
       (c) The qualified patient’s attending physician at the time
the request is signed may not serve as a witness.
       (5) A qualified patient may rescind his or her request at
any time and in any manner without regard to his or her mental
state.
       Section 6. Section 764.105, Florida Statutes, is created to
read:
       764.105 Attending physician responsibilities; consulting
physician responsibilities; reporting requirements.—
       (1) An attending physician shall do all of the following:
       (a) Make the initial determination of whether a patient has
a terminal condition, is competent, and has voluntarily made the
request for medication to end his or her life.
       (b) Refer the patient to a consulting physician for medical
confirmation of the diagnosis and for a determination that the
patient is competent and acting voluntarily.
       (c) Ensure that the patient is making an informed decision
by fully informing the patient of the facts relevant to all of
the following:
       1. The patient’s medical diagnosis.
       2. The patient’s prognosis.
       3. The potential risks associated with taking the requested
medication.
       4. The probable result of taking the requested medication.
       5. Any feasible alternatives, including, but not limited
to, comfort care, hospice care, and pain control.
       (d) Verify the patient’s Florida residency.
       (e) Refer the patient to a psychiatrist or psychologist for
counseling if the physician believes the patient may be
suffering from a psychiatric or