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BUL4602 Fall-2011 Lecture 10 , Reading 3

BUL4602 Fall-2011 Lecture 10 , Reading 3 - FLORIDA STATUTES...

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FLORIDA STATUTES CHAPTER 765 *********************************************************************************** HEALTH CARE ADVANCE DIRECTIVES PART I GENERAL PROVISIONS (ss. 765.101-765.113) PART II HEALTH CARE SURROGATE (ss. 765.201-765.205) PART III LIFE-PROLONGING PROCEDURES (ss. 765.301-765.309) PART IV ABSENCE OF ADVANCE DIRECTIVE (ss. 765.401, 765.404) PART V ANATOMICAL GIFTS (ss. 765.510-765.546) ************************************************************************************ PART I GENERAL PROVISIONS 765.101 Definitions. 765.102 Legislative findings and intent. 765.103 Existing advance directives. 765.104 Amendment or revocation. 765.105 Review of surrogate or proxy's decision. 765.106 Preservation of existing rights. 765.107 Construction. 765.108 Effect with respect to insurance. HEALTH CARE ADVANCE DIRECTIVES - FL - Page 1 of 36
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765.109 Immunity from liability; weight of proof; presumption. 765.110 Health care facilities and providers; discipline. 765.1103 Pain management and palliative care. 765.1105 Transfer of a patient. 765.1115 Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties. 765.112 Recognition of advance directive executed in another state. 765.113 Restrictions on providing consent. 765.101 Definitions. --As used in this chapter: (1) "Advance directive" means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift made pursuant to part X of chapter 732. (2) "Attending physician" means the primary physician who has responsibility for the treatment and care of the patient. (3) "Close personal friend" means any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the attending or treating physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient's health care; and has maintained such regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. (4) "End-stage condition" means an irreversible condition that is caused by injury, disease, or illness which has resulted in progressively severe and permanent deterioration, and which, to a reasonable degree of medical probability, treatment of the condition would be ineffective. (5) "Health care decision" means: (a) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life- prolonging procedures. (b) The decision to apply for private, public, government, or veterans' benefits to defray the cost of health care. (c) The right of access to all records of the principal reasonably necessary for a health care surrogate to make decisions involving health care and to apply for benefits. (d) The decision to make an anatomical gift pursuant to part X of chapter 732.
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