Senate Bill 566 (2025) — Patient-directed medical orders
SB 566
Florida Bills
Florida Senate - 2025 SB 566 By Senator Rodriguez 40-00699-25 2025566__ Page 1 of 19 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to patient-directed medical orders; 2 amending s. 765.101, F.S.; revising and providing 3
definitions; amending s. 765.102, F.S.; revising 4 legislative findings and intent to include palliative 5 care for progressive illnesses; creating s. 765.3041, 6 F.S.; providing a purpose and requirements for a 7 patient-directed medical order; authorizing the use of 8 telehealth for a specified purpose; requiring that 9 certain health care services be provided to the 10 principal regardless of the decision to withhold or 11 withdraw life-prolonging procedures; authorizing 12 physicians, physician assistants, and certain advanced 13 practice registered nurses to withhold or withdraw 14 life-prolonging procedures under certain circumstances 15 without penalty; providing construction; amending ss. 16 395.1041, 400.142, 400.487, 400.605, 400.6095, 17 400.611, 401.35, 401.45, 429.255, 429.73, 744.4431, 18 752.001, 765.110, 765.204, 765.205, and 765.305, F.S.; 19 conforming cross-references and provisions to changes 20 made by the act; requiring the Agency for Health Care 21 Administration to create and update a database for the 22 storage of patient-directed medical orders; providing 23 an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27
Section 1. Present subsections (15) through (22) of
section 28 765.101, Florida Statutes, are redesignated as subsections (16) 29
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 2 of 19 CODING: Words stricken are deletions; words underlined are additions. through (23), respectively, a new subsection (15) is added to 30 that section, and subsections (1) and (7) of that
section are 31 amended, to read: 32 765.101
Definitions.—As used in this chapter: 33 (1) “Advance directive” means a witnessed written document 34 or oral statement in which instructions are given by a principal 35 or in which the principal’s desires are expressed concerning any 36 aspect of the principal’s health care or health information, and 37 includes, but is not limited to, the designation of a health 38 care surrogate, a living will, or an anatomical gift made 39 pursuant to
part V of this chapter. An advance directive may 40 also include a patient-directed medical order. 41 (7) “Health care facility” means a hospital, nursing home, 42 hospice, home health agency, or health maintenance organization 43 licensed in this state, a or any facility subject to
part I of 44
chapter 394, or an assisted living facility or adult family-care 45 home licensed under
chapter 429. 46 (15) “Patient-directed medical order” means a medical order 47 created by the principal in collaboration with a physician, a 48 physician assistant, or an advanced practice registered nurse 49 registered under s. 464.0123 which is portable across health 50 care settings and accessible in a volunteer, online registry. 51
Section 2. Subsection (6) of
section 765.102, Florida 52 Statutes, is amended to read: 53 765.102 Legislative findings and intent.— 54
(6) For purposes of this chapter: 55 (
a) Palliative care is the comprehensive management of the 56 physical, psychological, social, spiritual, and existential 57 needs of patients. Palliative care is especially suited to the 58
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 3 of 19 CODING: Words stricken are deletions; words underlined are additions. care of persons who have incurable or, progressive illnesses. 59 (
b) Palliative care may must include: 60 1. An opportunity to discuss and plan for end-of-life care. 61 2. Assurance that physical and mental suffering will be 62 carefully attended to. 63 3. Assurance that preferences for withholding and 64 withdrawing life-sustaining interventions will be honored. 65 4. Assurance that the personal goals of the dying person 66 will be addressed. 67 5. Assurance that the dignity of the dying person will be a 68 priority. 69 6. Assurance that health care providers will not abandon 70 the dying person. 71 7. Assurance that the burden to family and others will be 72 addressed. 73 8.
Assurance that advance directives for care, orders not 74 to resuscitate executed pursuant to s. 401.45, and patient-75 directed medical orders executed pursuant to s. 765.3041 will be 76 respected regardless of the location of care. 77 9. Assurance that organizational mechanisms are in place to 78 evaluate the availability and quality of end-of-life, 79 palliative, and hospice care services, including the evaluation 80 of administrative and regulatory barriers. 81 10. Assurance that necessary health care services will be 82 provided and that relevant reimbursement policies are available. 83 11.
Assurance that the goals expressed in subparagraphs 1.-84 10. will be accomplished in a culturally appropriate manner. 85
Section
Section 765.3041, Florida Statutes, is created 86 to read: 87
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 4 of 19 CODING: Words stricken are deletions; words underlined are additions. 765.3041 Patient-directed medical orders.— 88
(1) To facilitate a principal’s instructions concerning 89 treatment preferences, a patient-directed medical order may be 90 executed in advance to direct the actions of health care 91 providers and health care facilities. 92
(2) A valid patient-directed medical order must: 93 (
a) Be on a form adopted by rule of the Department of 94 Health and may be combined with an order not to resuscitate 95 executed pursuant to s. 401.45. The form must: 96 1. Address medical interventions to be withheld or 97 withdrawn when the application of life-prolonging procedures 98 would serve only to prolong artificially the process of dying. 99 2. Be signed by the principal and the principal’s 100 physician, physician assistant, or advanced practice registered 101 nurse registered under s. 464.0123. 102 a.
If the principal is physically unable to sign the form, 103 the physician, physician assistant, or advanced practice 104 registered nurse present at the discussion as required by 105 subparagraph (b)2. may subscribe the principal’s signature in 106 the principal’s presence and at the principal’s direction. If 107 telehealth is used, the physician, physician assistant, or 108 advanced practice registered nurse may be present at either 109 location where telehealth is being administered. 110 b.
If the principal is incapacitated, the form may be 111 signed by the principal’s health care surrogate or proxy, court-112 appointed guardian as provided in
chapter 744, or attorney in 113 fact under a durable power of attorney as provided in
chapter 114 709. The court-appointed guardian or attorney in fact must be 115 delegated authority to make health care decisions on behalf of 116
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 5 of 19 CODING: Words stricken are deletions; words underlined are additions. the principal. 117 c. All signatures may be electronic signatures. 118 (
b) Clearly express the principal’s preferences and 119 instructions for care, which may include all treatments 120 available, modified treatments that are not prolonged or 121 burdensome, or comfort measures that do not pursue or continue 122 interventions. 123 1.
The principal and a physician, a physician assistant, or 124 an advanced practice registered nurse registered under s. 125 464.0123 must discuss the principal’s medical treatment wishes 126 relating to medical interventions to be withheld or withdrawn 127 based on the principal’s values and preferences in the event the 128 principal becomes unable to make her or his own decisions. 129 2. The discussion must be in person and may be conducted 130 using telehealth. 131
(3) Regardless of the decision to withhold or withdraw 132 life-prolonging procedures, necessary health care services must 133 be provided for the care and comfort of the principal or to 134 alleviate pain. 135
(4) A physician, a physician assistant, or an advanced 136 practice registered nurse registered under s. 464.0123 may 137 withhold or withdraw cardiopulmonary resuscitation or other 138 life-prolonging procedures if presented with an order not to 139 resuscitate executed pursuant to s. 401.45 or a patient-directed 140 medical order executed pursuant to this
section which contains 141 an order not to resuscitate or an order to withhold or withdraw 142 life-prolonging procedures. A physician, a physician assistant, 143 or an advanced practice registered nurse registered under s. 144 464.0123 is not subject to any disciplinary action under s. 145
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 6 of 19 CODING: Words stricken are deletions; words underlined are additions. 456.072 or criminal prosecution or civil liability, or 146 considered to have engaged in negligent or unprofessional 147 conduct, for withholding or withdrawing cardiopulmonary 148 resuscitation or other life-prolonging procedures pursuant to 149 such orders. The absence of an order not to resuscitate executed 150 pursuant to s. 401.45 or a patient-directed medical order 151 executed pursuant to this
section does not preclude a physician, 152 a physician assistant, or an advanced practice registered nurse 153 registered under s. 464.0123 from withholding or withdrawing 154 cardiopulmonary resuscitation or other life-prolonging 155 procedures as otherwise authorized by law. 156
Section 4. Paragraph (
l) of subsection (3) of
section 157 395.1041, Florida Statutes, is amended to read: 158 395.1041 Access to and ensurance of emergency services; 159 transfers; patient rights; diversion programs; reports of 160 controlled substance overdoses.— 161
(3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF 162 FACILITY OR HEALTH CARE PERSONNEL.— 163 (
l) Hospital personnel may withhold or withdraw 164 cardiopulmonary resuscitation or other life-prolonging 165 procedures if presented with an order not to resuscitate 166 executed pursuant to s. 401.45 or a patient-directed medical 167 order executed pursuant to s. 765.3041 which contains an order 168 not to resuscitate or an order to withhold or withdraw life-169 prolonging procedures. Facility staff and facilities are shall 170 not be subject to criminal prosecution or civil liability, or 171 nor be considered to have engaged in negligent or unprofessional 172 conduct, for withholding or withdrawing cardiopulmonary 173 resuscitation or other life-prolonging procedures pursuant to 174
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 7 of 19 CODING: Words stricken are deletions; words underlined are additions. such orders an order. The absence of an order not to resuscitate 175 executed pursuant to s. 401.45 or a patient-directed medical 176 order executed pursuant to s. 765.3041 does not preclude a 177 physician from withholding or withdrawing cardiopulmonary 178 resuscitation or other life-prolonging procedures as otherwise 179 authorized permitted by law. 180
Section 5. Subsection (3) of
section 400.142, Florida 181 Statutes, is amended to read: 182 400.142 Emergency medication kits; orders not to 183 resuscitate and patient-directed medical orders.— 184
(3) Facility staff may withhold or withdraw cardiopulmonary 185 resuscitation or other life-prolonging procedures if presented 186 with an order not to resuscitate executed pursuant to s. 401.45 187 or a patient-directed medical order executed pursuant to s. 188 765.3041 which contains an order not to resuscitate or an order 189 to withhold or withdraw life-prolonging procedures.
Facility 190 staff and facilities are not subject to criminal prosecution or 191 civil liability, or considered to have engaged in negligent or 192 unprofessional conduct, for withholding or withdrawing 193 cardiopulmonary resuscitation or other life-prolonging 194 procedures pursuant to such orders order.
The absence of an 195 order not to resuscitate executed pursuant to s. 401.45 or a 196 patient-directed medical order executed pursuant to s. 765.3041 197 does not preclude a physician from withholding or withdrawing 198 cardiopulmonary resuscitation or other life-prolonging 199 procedures as otherwise authorized permitted by law. 200
Section 6. Subsection (7) of
section 400.487, Florida 201 Statutes, is amended to read: 202 400.487 Home health service agreements; physician’s, 203
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 8 of 19 CODING: Words stricken are deletions; words underlined are additions. physician assistant’s, and advanced practice registered nurse’s 204 treatment orders; patient assessment; establishment and review 205 of plan of care; provision of services; orders not to 206 resuscitate and patient-directed medical orders.— 207
(7) Home health agency personnel may withhold or withdraw 208 cardiopulmonary resuscitation or other life-prolonging 209 procedures if presented with an order not to resuscitate 210 executed pursuant to s. 401.45 or a patient-directed medical 211 order executed pursuant to s. 765.3041 which contains an order 212 not to resuscitate or an order to withhold or withdraw life-213 prolonging procedures. The agency shall adopt rules providing 214 for the implementation of such orders.
Home health personnel and 215 agencies are shall not be subject to criminal prosecution or 216 civil liability, or nor be considered to have engaged in 217 negligent or unprofessional conduct, for withholding or 218 withdrawing cardiopulmonary resuscitation or other life-219 prolonging procedures pursuant to such orders an order and rules 220 adopted by the agency.
The absence of an order not to 221 resuscitate executed pursuant to s. 401.45 or a patient-directed 222 medical order executed pursuant to s. 765.3041 does not preclude 223 a physician from withholding or withdrawing cardiopulmonary 224 resuscitation or other life-prolonging procedures as otherwise 225 authorized by law. 226
Section 7. Paragraph (
e) of subsection (1) of
section 227 400.605, Florida Statutes, is amended to read: 228 400.605 Administration; forms; fees; rules; inspections; 229 fines.— 230
(1) The agency shall by rule establish minimum standards 231 and procedures for a hospice pursuant to this part. The rules 232
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 9 of 19 CODING: Words stricken are deletions; words underlined are additions. must include: 233 (
e) Procedures relating to the implementation of advance 234 advanced directives, patient-directed medical orders executed 235 pursuant to s. 765.3041, and do-not-resuscitate orders not to 236 resuscitate executed pursuant to s. 401.45. 237
Section 8. Subsection (8) of
section 400.6095, Florida 238 Statutes, is amended to read: 239 400.6095 Patient admission; assessment; plan of care; 240 discharge; death.— 241
(8) The hospice care team may withhold or withdraw 242 cardiopulmonary resuscitation or other life-prolonging 243 procedures if presented with an order not to resuscitate 244 executed pursuant to s. 401.45 or a patient-directed medical 245 order executed pursuant to s. 765.3041 which contains an order 246 not to resuscitate or an order to withhold or withdraw life-247 prolonging procedures. The agency shall adopt rules providing 248 for the implementation of such orders.
Hospice staff are shall 249 not be subject to criminal prosecution or civil liability, or 250 nor be considered to have engaged in negligent or unprofessional 251 conduct, for withholding or withdrawing cardiopulmonary 252 resuscitation or other life-prolonging procedures pursuant to 253 such orders an order and applicable rules.
The absence of an 254 order not to resuscitate executed pursuant to s. 401.45 or a 255 patient-directed medical order executed pursuant to s. 765.3041 256 does not preclude a physician from withholding or withdrawing 257 cardiopulmonary resuscitation or other life-prolonging 258 procedures as otherwise authorized permitted by law. 259
Section 9. Paragraph (
b) of subsection (4) of
section 260 400.611, Florida Statutes, is amended to read: 261
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 10 of 19 CODING: Words stricken are deletions; words underlined are additions. 400.611 Interdisciplinary records of care; confidentiality; 262 release of records.— 263
(4) A hospice may not release a patient’s interdisciplinary 264 record or any portion thereof, unless the person requesting the 265 information provides to the hospice: 266 (
b) In the case of an incapacitated patient, a patient 267 authorization executed before prior to the patient’s death by 268 the patient’s then acting legal guardian, health care surrogate 269 as defined in s. 765.101 s. 765.101(21), health care proxy as 270 defined in s. 765.101 s. 765.101(19), or agent under power of 271 attorney; 272
Section 10. Subsection (4) of
section 401.35, Florida 273 Statutes, is amended to read: 274 401.35 Rules.—The department shall adopt rules, including 275
definitions of terms, necessary to carry out the purposes of 276 this part. 277
(4) The rules must establish circumstances and procedures 278 under which emergency medical technicians and paramedics may 279 honor orders not to resuscitate executed pursuant to s. 401.45 280 or patient-directed medical orders executed pursuant to s. 281 765.3041 which contains an order not to resuscitate or an order 282 to withhold or withdraw life-prolonging procedures by the 283 patient’s physician, physician assistant, or advanced practice 284 registered nurse registered under s. 464.0123 not to resuscitate 285 and the documentation and reporting requirements for handling 286 such orders requests. 287
Section 11. Paragraphs (
a) and (
b) of subsection (3) of 288
section 401.45, Florida Statutes, are amended to read: 289 401.45 Denial of emergency treatment; civil liability.— 290
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 11 of 19 CODING: Words stricken are deletions; words underlined are additions. (3)(
a) Resuscitation may be withheld or withdrawn from a 291 patient by An emergency medical technician or paramedic may 292 withhold or withdraw cardiopulmonary resuscitation or other 293 life-prolonging procedures if presented with evidence of an 294 order not to resuscitate executed pursuant to this subsection or 295 a patient-directed medical order executed pursuant to s. 296 765.3041 which contains an order not to resuscitate or an order 297 to withhold or withdraw life-prolonging procedures by the 298 patient’s physician or physician assistant is presented to the 299 emergency medical technician or paramedic.
An order not to 300 resuscitate executed pursuant to this subsection or a patient-301 directed medical order executed pursuant to s. 765.3041 which 302 contains an order not to resuscitate or an order to withhold or 303 withdraw life-prolonging procedures, to be valid, must be on the 304 form adopted by rule of the department. The form must be signed 305 by the patient’s physician, or physician assistant, or advanced 306 practice registered nurse registered under s. 464.0123 and by 307 the patient or, if the patient is incapacitated, the patient’s 308 health care surrogate or proxy as provided in
chapter 765, 309 court-appointed guardian as provided in
chapter 744, or attorney 310 in fact under a durable power of attorney as provided in
chapter 311 709. The court-appointed guardian or attorney in fact must have 312 been delegated authority to make health care decisions on behalf 313 of the patient. 314 (
b) Any licensee, physician, medical director, or emergency 315 medical technician or paramedic who acts under the direction of 316 a medical director is not subject to criminal prosecution or 317 civil liability, and has not engaged in negligent or 318 unprofessional conduct, as a result of the withholding or 319
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 12 of 19 CODING: Words stricken are deletions; words underlined are additions. withdrawal of cardiopulmonary resuscitation or other life-320 prolonging procedures from a patient pursuant to this subsection 321 and rules adopted by the department. 322
Section 12. Subsection (4) of
section 429.255, Florida 323 Statutes, is amended to read: 324 429.255 Use of personnel; emergency care.— 325
(4) Facility staff may withhold or withdraw cardiopulmonary 326 resuscitation, or the use of an automated external 327 defibrillator, or other life-prolonging procedures if presented 328 with an order not to resuscitate executed pursuant to s. 401.45 329 or a patient-directed medical order executed pursuant to s. 330 765.3041 which contains an order not to resuscitate or an order 331 to withhold or withdraw life-prolonging procedures. The agency 332 shall adopt rules providing for the implementation of such 333 orders.
Facility staff and facilities are may not be subject to 334 criminal prosecution or civil liability, or nor be considered to 335 have engaged in negligent or unprofessional conduct, for 336 withholding or withdrawing cardiopulmonary resuscitation, the or 337 use of an automated external defibrillator, or other life-338 prolonging procedures pursuant to such orders an order and rules 339 adopted by the agency.
The absence of an order not to 340 resuscitate executed pursuant to s. 401.45 or a patient-directed 341 medical order executed pursuant to s. 765.3041 does not preclude 342 a physician from withholding or withdrawing cardiopulmonary 343 resuscitation, the or use of an automated external 344 defibrillator, or other life-prolonging procedures as otherwise 345 authorized permitted by law. 346
Section 13. Subsection (3) of
section 429.73, Florida 347 Statutes, is amended to read: 348
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 13 of 19 CODING: Words stricken are deletions; words underlined are additions. 429.73 Rules and standards relating to adult family-care 349 homes.— 350
(3) The agency shall adopt rules providing for the 351 implementation of orders not to resuscitate and patient-directed 352 medical orders. The provider may withhold or withdraw 353 cardiopulmonary resuscitation or other life-prolonging 354 procedures if presented with an order not to resuscitate 355 executed pursuant to s. 401.45 or a patient-directed medical 356 order executed pursuant to s. 765.3041 which contains an order 357 not to resuscitate or an order to withhold or withdraw life-358 prolonging procedures.
The provider is shall not be subject to 359 criminal prosecution or civil liability, or nor be considered to 360 have engaged in negligent or unprofessional conduct, for 361 withholding or withdrawing cardiopulmonary resuscitation or 362 other life-prolonging procedures pursuant to such orders an 363 order and applicable rules.
The absence of an order not to 364 resuscitate executed pursuant to s. 401.45 or a patient-directed 365 medical order executed pursuant to s. 765.3041 does not preclude 366 a physician from withholding or withdrawing cardiopulmonary 367 resuscitation or other life-prolonging procedures as otherwise 368 authorized by law. 369
Section 14. Subsections (1), (7), and (8) of
section 370 744.4431, Florida Statutes, are amended to read: 371 744.4431 Guardianship power regarding life-prolonging 372 procedures.— 373
(1) Except as provided in this section, decisions by a 374 professional guardian, as defined in s. 744.102, to withhold or 375 withdraw life-prolonging procedures from, or to execute an order 376 not to resuscitate pursuant to s. 401.45 or a patient-directed 377
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 14 of 19 CODING: Words stricken are deletions; words underlined are additions. medical order pursuant to s. 765.3041 which contains an order 378 not to resuscitate or an order to withhold or withdraw life-379 prolonging procedures for, a ward must be approved by the court. 380 A professional guardian appointed to act on behalf of a ward’s 381 person must petition the court pursuant to the Florida Probate 382 Rules for authority to consent to withhold or withdraw life-383 prolonging procedures or to execute an order not to resuscitate 384 pursuant to s. 401.45 or a patient-directed medical order 385 pursuant to s. 765.3041.
Court approval must be obtained before 386 taking such action, except as provided in subsection (7). 387
(7) Court approval is not required for the following 388 decisions: 389 (
a) A decision to withhold or withdraw life-prolonging 390 procedures made by a professional guardian to whom authority has 391 been granted by the court under s. 744.3115 to carry out the 392 instructions in or to take actions consistent with the ward’s 393 advance directive, order not to resuscitate executed pursuant to 394 s. 401.45, or patient-directed medical order executed pursuant 395 to s. 765.3041 which contains an order not to resuscitate or an 396 order to withhold or withdraw life-prolonging procedures, as 397 long as there are no known objections from the ward; the ward’s 398 attorney; the ward’s next of kin, if known; and any other 399 interested persons as the court may direct based on s. 400 765.105(1). 401 (
b) A decision by a professional guardian who has been 402 delegated health care decisionmaking authority to execute an 403 order not to resuscitate pursuant to s. 401.45 or a patient-404 directed medical order pursuant to s. 765.3041, as described in 405 s. 401.45(3)(a), if the ward is in a hospital and the following 406
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 15 of 19 CODING: Words stricken are deletions; words underlined are additions. conditions are met: 407 1. The ward’s primary treating physician and at least one 408 other consulting physician document in the ward’s medical record 409 that: 410 a. There is no reasonable medical probability for recovery 411 from or a cure of the ward’s underlying medical condition; 412 b.
The ward is in an end-stage condition, a terminal 413 condition, or a persistent vegetative state as those terms are 414 defined in s. 765.101, and that the ward’s death is imminent; 415 and 416 c. Resuscitation will cause the ward physical harm or 417 additional pain. 418 2.
The professional guardian has notified the ward’s next 419 of kin, if known, and any interested persons as the court may 420 direct and the decision is not contrary to the ward’s expressed 421 wishes and there are no known objections from the ward; the 422 ward’s attorney; the ward’s next of kin, if known; or any other 423 interested persons as the court may direct on the basis of s. 424 765.105(1). 425
(8) Within 2 business days after executing an order not to 426 resuscitate pursuant to s. 401.45 or a patient-directed medical 427 order pursuant to s. 765.3041 which contains an order not to 428 resuscitate or an order to withhold or withdraw life-prolonging 429 procedures under paragraph (7)(b), a professional guardian must 430 notify the court in writing of all of the following: 431 (
a) The date the order not to resuscitate or patient-432 directed medical order was executed. 433 (
b) The location of the ward when the order not to 434 resuscitate or patient-directed medical order was executed. 435
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 16 of 19 CODING: Words stricken are deletions; words underlined are additions. (
c) The names of the physicians who documented the ward’s 436 condition in the ward’s medical record. 437
Section 15. Subsection (3) of
section 752.001, Florida 438 Statutes, is amended to read: 439 752.001
Definitions.—As used in this chapter, the term: 440 (3) “Persistent vegetative state” has the same meaning as 441 provided in s. 765.101 s. 765.101(15). 442
Section 16. Subsections (1) and (4) of
section 765.110, 443 Florida Statutes, are amended to read: 444 765.110 Health care facilities and providers; discipline.— 445
(1) A health care facility must, pursuant to Pub. L.
No. 446 101-508, ss. 4206 and 4751, shall provide to each patient 447 written information concerning the individual’s rights 448 concerning advance directives, orders not to resuscitate 449 executed pursuant to s. 401.45, or patient-directed medical 450 orders executed pursuant to s. 765.3041 which contain an order 451 not to resuscitate or an order to withhold or withdraw life-452 prolonging procedures and the health care facility’s policies 453 respecting the implementation of such rights, and shall document 454 in the patient’s medical records whether or not the individual 455 has executed an advance directive, an order not to resuscitate 456 pursuant to s. 401.45, or a patient-directed medical order 457 pursuant to s. 765.3041 which contains an order not to 458 resuscitate or an order to withhold or withdraw life-prolonging 459 procedures. 460
(4) The Department of Health, in consultation with the 461 Department of Elderly Affairs, for health care providers; the 462 Agency for Health Care Administration for hospitals, hospices, 463 nursing homes, home health agencies, assisted living facilities, 464
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 17 of 19 CODING: Words stricken are deletions; words underlined are additions. adult family-care homes, and health maintenance organizations; 465 and the Department of Children and Families for facilities 466 subject to
part I of
chapter 394 shall adopt rules to implement 467 this section. 468
Section 17. Subsection (3) of
section 765.204, Florida 469 Statutes, is amended to read: 470 765.204 Capacity of principal; procedure.— 471
(3) The surrogate’s authority commences either upon a 472 determination under subsection (2) that the principal lacks 473 capacity or upon a stipulation of such authority pursuant to s. 474 765.101 s. 765.101(21). Such authority remains in effect until a 475 determination that the principal has regained such capacity, if 476 the authority commenced as a result of incapacity, or until the 477 authority is revoked, if the authority commenced immediately 478 pursuant to s. 765.101 s. 765.101(21).
Upon commencement of the 479 surrogate’s authority, a surrogate who is not the principal’s 480 spouse shall notify the principal’s spouse or adult children of 481 the principal’s designation of the surrogate. Except if the 482 principal provided immediately exercisable authority to the 483 surrogate pursuant to s. 765.101 s. 765.101(21), in the event 484 that the primary or attending physician determines that the 485 principal has regained capacity, the authority of the surrogate 486 shall cease, but recommences if the principal subsequently loses 487 capacity as determined pursuant to this section.
A health care 488 provider is not liable for relying upon health care decisions 489 made by a surrogate while the principal lacks capacity. At any 490 time when a principal lacks capacity, a health care decision 491 made on the principal’s behalf by a surrogate is effective to 492 the same extent as a decision made by the principal. If a 493
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 18 of 19 CODING: Words stricken are deletions; words underlined are additions. principal possesses capacity, health care decisions of the 494 principal take precedence over decisions made by the surrogate 495 that present a material conflict. 496
Section 18. Paragraph (
c) of subsection (1) of
section 497 765.205, Florida Statutes, is amended to read: 498 765.205 Responsibility of the surrogate.— 499
(1) The surrogate, in accordance with the principal’s 500 instructions, unless such authority has been expressly limited 501 by the principal, shall: 502 (
c) Provide written consent using an appropriate form 503 whenever consent is required, including the execution of an a 504 physician’s order not to resuscitate pursuant to s. 401.45 or a 505 patient-directed medical order pursuant to s. 765.3041 which 506 contains an order not to resuscitate or an order to withhold or 507 withdraw life-prolonging procedures. 508
Section 19. Subsection (2) of
section 765.305, Florida 509 Statutes, is amended to read: 510 765.305 Procedure in absence of a living will.— 511
(2) Before exercising the incompetent patient’s right to 512 forego treatment, including the execution of an order not to 513 resuscitate pursuant to s. 401.45 or a patient-directed medical 514 order pursuant to s. 765.3041 which contains an order not to 515 resuscitate or an order to withhold or withdraw life-prolonging 516 procedures, the surrogate must be satisfied that: 517 (
a) The patient does not have a reasonable medical 518 probability of recovering capacity so that the right could be 519 exercised by the patient. 520 (
b) The patient has an end-stage condition, the patient is 521 in a persistent vegetative state, or the patient’s physical 522
Florida Senate - 2025 SB 566 40-00699-25 2025566__ Page 19 of 19 CODING: Words stricken are deletions; words underlined are additions. condition is terminal. 523
Section 20. The Agency for Health Care Administration shall 524 create and update a database for the storage of patient-directed 525 medical orders, which shall be stored solely at the option of 526 the patient in electronic form by the agency. 527