Legal Research Home > Florida Lawyer > Civil Rights > Florida Civil Rights Code Section 765.109 - Health Care Advance Directives - Immunity from liability; weight of proof; presumption.

Title XLIV CIVIL RIGHTS

Chapter 765 HEALTH CARE ADVANCE DIRECTIVES

765.109 Immunity from liability; weight of proof; presumption.--

(1) A health care facility, provider, or other person who acts under the direction of a health care facility or provider is not subject to criminal prosecution or civil liability, and will not be deemed to have engaged in unprofessional conduct, as a result of carrying out a health care decision made in accordance with the provisions of this chapter. The surrogate or proxy who makes a health care decision on a patient's behalf, pursuant to this chapter, is not subject to criminal prosecution or civil liability for such action.

(2) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating a health care decision did not, in good faith, comply with the provisions of this chapter.

History.--s. 2, ch. 92-199.

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Last modified: November 21, 2006