Representative Susan Plasencia (R-Winter Park) has sought feedback on HB 219 which authorizes patient-directed doctor’s orders for end-of-life care decisions. This legislation authorizes doctors to sign, in consultation with the patient, a medical order that will direct end-of-life care if the individual becomes incapacitated. Importantly, HB 219 keeps Florida’s prohibition against patient-assisted suicide intact.
On Thursday, March 5, the full Senate unanimously passed SB 994 (Passidomo). The bill strengthens protections for vulnerable elderly persons with court appointed guardians by improving guardianship laws with respect to conflict of interest, compensation and appointment of guardians. Additionally, the bill requires that guardians may not consent to or authorize do-not-resuscitate orders for their wards without court approval. The House companion, HB 709 (Burton), is on the House Calendar on second reading. The FCCB supported this measure as it moved through the committee process in both chambers.
To live in a manner worthy of our human dignity, and to spend our final days on this earth in peace and comfort, surrounded by loved ones -- that is the hope of each of us. While Florida law prohibits assisted suicide, the so-called "Death with Dignity" movement has targeted Florida as a priority state to change our laws to allow a patient to actively end his or her life.
Legislation that strengthens protections for vulnerable elderly persons who receive court appointed guardians was passed unanimously by first committees of reference in both the House and the Senate. SB 994 (Passidomo) and HB 709 (Burton) make a number of changes to improve guardianship laws in the state with respect to conflict of interest, compensation and appointment of guardians. Additionally, the bills require that guardians may not consent to or authorize do-not-resuscitate orders for their wards without court approval. The FCCB indicated its support for the measure at both committee meetings.
A bill that exempts those caring for the terminally ill from checking the Prescription Drug Monitoring Program (PDMP) was passed (9-0) by the Senate Health and Human Services Committee. The PDMP was established in 2009 as a registry to assist law enforcement in reducing abuse of prescription drugs. Its use became mandatory last year, and an unintended consequence was a significant burden placed on those requiring end-of-life care. Experience has shown the terminally ill do not engage in drug seeking among multiple physicians. SB 592 would simplify the process of care for these terminal patients.
Designating a health care surrogate and providing guidance for end-of-life decisions is the best way to ensure that morally acceptable procedures are followed if you become incapacitated or unable to express your own wishes in the event of a medical emergency. The Florida Catholic Conference has resources available to assist with advance care planning.
FCCB-monitored proposals that would create a new approach to end-of-life planning will not move this year. SB 474 (Brandes) emphasizes advanced care planning conversations between patients, health care professionals and loved ones by facilitating shared decision-making between a patient and his or her health care professional that generate actionable medical orders based on the patient's current condition and preferences. While the FCCB opposed POLST bills in the past, this year's bill remedied key concerns such as application to a poorly-defined patient population and insufficient patient protections.
FCCB supports identical measures, SB 474 (Grimsley) and HB 539 (Harrell), which delete the requirement of a spouse or legal representative to obtain a court order to access a medical record after a patient's death. Additionally, the bills allow for safer disposal of controlled substances after a patient's death and align state and federal quality measures for data gathering, analysis and public reporting. Both bills were passed by committees of reference this week and are advancing through the legislative process.