Bill Amendment: FL S1224 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Health Care Representatives

Status: 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 889 (Ch. 2015-153) [S1224 Detail]

Download: Florida-2015-S1224-Senate_Committee_Amendment_688460.html

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       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1224
       
       
       
       
       
       
                                Ì6884601Î688460                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 671 - 682
    4  and insert:
    5         (3) The surrogate’s authority shall commence either upon a
    6  determination under subsection (2) that the principal lacks
    7  capacity, or upon a stipulation of such authority pursuant to s.
    8  765.101(21). and Such authority shall remain in effect until a
    9  determination that the principal has regained such capacity when
   10  the authority commenced as a result of incapacity, or until its
   11  revocation in such cases where the authority commenced
   12  immediately pursuant to 765.101(21). Upon commencement of the
   13  surrogate’s authority, a surrogate who is not the principal’s
   14  spouse shall notify the principal’s spouse or adult children of
   15  the principal’s designation of the surrogate. Except where the
   16  principal provided immediately exercisable authority to the
   17  surrogate pursuant to s. 765.101(21), in the event the primary
   18  or attending physician determines that the principal has
   19  regained capacity, the authority of the surrogate shall cease,
   20  but shall recommence if the principal subsequently loses
   21  capacity as determined pursuant to this section. A health care
   22  provider will not be liable for relying upon health care
   23  decisions made by a surrogate while a principal lacks capacity.
   24  At any time when a principal lacks capacity, a health care
   25  decision made on a principal’s behalf by a surrogate shall be
   26  effective to the same extent as a decision made by the
   27  principal. When a principal possesses capacity, health care
   28  decisions of the principal will take precedence over decisions
   29  made by the surrogate that present a material conflict.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete line 44
   34  and insert:
   35         notification of incapacity of a principal; providing
   36         that a health care provider may justifiably rely on
   37         decisions made by a surrogate; providing for when
   38         there are conflicting decisions between surrogate and
   39         patient; amending s.