Florida Statutes Part I - General Provisions (Ss. 765.101-765.113)

• 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...
• 765.102 - Legislative Findings And Intent.
  (1) The Legislature finds that every competent adult has the fundamental right of self-determination regarding decisions pertaining to his or her own health, including the right...
• 765.103 - Existing Advance Directives.
  Any advance directive made prior to October 1, 1999, shall be given effect as executed, provided such directive was legally effective when written.History.—s. 2, ch....
• 765.104 - Amendment Or Revocation.
  (1) An advance directive may be amended or revoked at any time by a competent principal:(a) By means of a signed, dated writing;(b) By means of the physical...
• 765.105 - Review Of Surrogate Or Proxy’s Decision.
  (1) The patient’s family, the health care facility, or the primary physician, or any other interested person who may reasonably be expected to be directly affected...
• 765.106 - Preservation Of Existing Rights.
  The provisions of this chapter are cumulative to the existing law regarding an individual’s right to consent, or refuse to consent, to medical treatment and...
• 765.107 - Construction.
  (1) This chapter shall not be construed to repeal by implication any provision of s. 766.103, the Florida Medical Consent Law. For all purposes, the Florida...
• 765.108 - Effect With Respect To Insurance.
  The making of an advance directive pursuant to the provisions of this chapter shall not affect the sale, procurement, or issuance of any policy of...
• 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...
• 765.110 - Health Care Facilities And Providers; Discipline.
  (1) A health care facility, pursuant to Pub. L. No. 101-508, ss. 4206 and 4751, shall provide to each patient written information concerning the individual’s rights...
• 765.1103 - Pain Management And Palliative Care.
  (1) A patient shall be given information concerning pain management and palliative care when he or she discusses with the primary physician, or such physician’s designee,...
• 765.1105 - Transfer Of A Patient.
  (1) A health care provider or facility that refuses to comply with a patient’s advance directive, or the treatment decision of his or her surrogate or...
• 765.1115 - Falsification, Forgery, Or Willful Concealment, Cancellation, Or Destruction Of Directive Or Revocation Or Amendment; Penalties.
  (1) Any person who willfully conceals, cancels, defaces, obliterates, or damages an advance directive without the principal’s consent or who falsifies or forges the revocation or...
• 765.112 - Recognition Of Advance Directive Executed In Another State.
  An advance directive executed in another state in compliance with the law of that state or of this state is validly executed for the purposes...
• 765.113 - Restrictions On Providing Consent.
  Unless the principal expressly delegates such authority to the surrogate in writing, or a surrogate or proxy has sought and received court approval pursuant to...

Last modified: September 23, 2016