Florida 2025 Regular Session

Florida House Bill H0471 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                               
 
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A bill to be entitled 1 
An act relating to end -of-life options; creating ch. 2 
764, F.S., relating to personal autonomy; creating s. 3 
764.101, F.S.; providing a short title; creating s. 4 
764.102, F.S.; defining terms; creating s. 764.103, 5 
F.S.; providing legislative findings and inte nt; 6 
creating s. 764.104, F.S.; providing criteria for 7 
qualified patients; providing factors to demonstrate 8 
residency; requiring qualified patients to make oral 9 
and written requests to obtain medication to end their 10 
lives in a peaceful manner; requiring wai ting periods 11 
before such requests may be made and such medication 12 
may be prescribed; providing exceptions; providing a 13 
form for written requests; specifying requirements for 14 
the valid execution of such form; authorizing a 15 
qualified patient to rescind a req uest at any time and 16 
in any manner; creating s. 764.105, F.S.; specifying 17 
responsibilities for attending physicians and 18 
consulting physicians; providing that a qualified 19 
patient's health care providers under the act may not 20 
be related to the qualified pati ent or entitled to any 21 
portion of the qualified patient's estate; specifying 22 
recordkeeping requirements; requiring certain health 23 
care providers to report specified information to the 24 
Department of Health; requiring the department to 25     
 
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adopt rules; requiring the department annually publish 26 
a specified report on its website; providing 27 
requirements for the report; creating s. 764.106, 28 
F.S.; requiring persons who have custody or control of 29 
any unused medication prescribed under the act to 30 
dispose of it in a spec ified manner; creating s. 31 
764.107, F.S.; specifying requirements for the death 32 
certificate of qualified patients who die by self -33 
administration of medication prescribed in accordance 34 
with the act; creating s. 764.108, F.S.; making 35 
certain provisions of leg al instruments void and 36 
unenforceable under certain circumstances; prohibiting 37 
health insurers from denying or discriminating in 38 
their provision of health benefits based on the 39 
availability of medication prescribed under the act or 40 
from attempting to influ ence a policyholder's decision 41 
to make or rescind a request for such medication; 42 
prohibiting an individual's participation under the 43 
act from affecting the sale, procurement, or issuance 44 
of certain insurance policies or the rates charged for 45 
such policies; creating s. 764.109, F.S.; providing 46 
criminal penalties and immunities; defining the terms 47 
"notify" and "participation in this chapter"; 48 
authorizing health care providers and health care 49 
facilities to prohibit health care providers from 50     
 
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participating under the act while on the premises of 51 
facilities that they own or operate if they provided 52 
prior notice of their policy; requiring such health 53 
care providers and health care facilities to clearly 54 
articulate this policy on websites they maintain and 55 
in materials they provide to patients; requiring such 56 
health care providers and health care facilities to 57 
provide the policy in an easily accessible location on 58 
their websites and in certain materials provided to 59 
patients; authorizing health care providers and healt h 60 
care facilities to impose sanctions against health 61 
care providers who violate such policies; providing 62 
that health care providers and health care facilities 63 
may not prohibit their employees from participating 64 
under the act off the premises or outside the course 65 
and scope of their employment or impose sanctions 66 
against them for doing so; requiring sanctioning 67 
health care providers and health care facilities to 68 
not be arbitrary or capricious in their sanctions and 69 
to follow due process procedures when impos ing such 70 
sanctions; providing that such sanctions may not be 71 
considered a violation of the standard of care or as 72 
unprofessional conduct for purposes of disciplinary 73 
action against a health care provider's license; 74 
creating s. 764.11, F.S.; authorizing cla ims for costs 75     
 
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and attorney fees for governmental entities under 76 
certain circumstances; creating s. 764.111, F.S.; 77 
providing construction and severability; amending s. 78 
782.08, F.S.; exempting persons acting in accordance 79 
with the act from certain criminal p enalties; 80 
providing an effective date. 81 
 82 
Be It Enacted by the Legislature of the State of Florida: 83 
 84 
 Section 1. Chapter 764, Florida Statutes, consisting of 85 
sections 764.101-764.111, Florida Statutes, is created and 86 
entitled "Personal Autonomy." 87 
 Section 2.  Section 764.101, Florida Statutes, is created 88 
to read: 89 
 764.101  Short title. —Sections 764.101-764.111 may be cited 90 
as the "Florida End-of-Life Options Act." 91 
 Section 3.  Section 764.102, Florida Statutes, is created 92 
to read: 93 
 764.102  Definitions.—As used in this chapter, the term: 94 
 (1)  "Adult" means a resident of this state who is 18 years 95 
of age or older. 96 
 (2)  "Attending physician" means the physician who has 97 
primary responsibility for the care of the patient and treatment 98 
of the patient's terminal condition. 99 
 (3)  "Consulting physician" means a physician who is 100     
 
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qualified by specialty or experience to make a professional 101 
diagnosis and prognosis regarding the patient's medical 102 
condition. 103 
 (4)  "Counseling" means one or more consultations as 104 
necessary between a mental health professional and a patient for 105 
the purpose of determining whether the patient has mental 106 
capacity and whether the patient is suffering from a mental 107 
health disorder or intellectual disability causing impaired 108 
judgment that impacts his or her ability to make informed end -109 
of-life decisions. 110 
 (5)  "Department" means the Department of Health. 111 
 (6)  "Health care facility" means a health care facility as 112 
defined in s. 408.07 or another entity, other than a health care 113 
provider, licensed or certified to provide health care services 114 
in this state. 115 
 (7)  "Health care provider" means a health care 116 
practitioner as defined in s. 456.001 or another individual 117 
licensed or certified to provide health services in this state. 118 
 (8)  "Informed decision" means a decision voluntarily made 119 
by a qualified patient to request and obtain a prescription to 120 
end his or her life after a sufficient explanation and 121 
disclosure of the subject matter is given to enable the 122 
qualified patient to un derstand and consider the relevant facts, 123 
including the qualified patient's medical diagnosis and 124 
prognosis, the potential risks associated with taking the 125     
 
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medication to be prescribed, the probable results of taking the 126 
medication, and the feasible alterna tives to taking the 127 
medication, and to make an informed health care decision without 128 
coercion or undue influence. 129 
 (9)  "Medically confirmed" means the medical opinion of the 130 
attending physician has been confirmed by a consulting physician 131 
who has examined the patient and the patient's relevant medical 132 
records. 133 
 (10)  "Medication" means a drug as defined in s. 499.003 134 
which an attending physician prescribes to a qualified patient 135 
under this chapter to end his or her life in a peaceful manner. 136 
 (11)  "Mental capacity" means that a patient's attending 137 
physician, consulting physician, or treating mental health 138 
professional has determined that, in accordance with the 139 
relevant professional standards of care, the patient has the 140 
ability to understand and appreciat e health care options 141 
available to him or her, including the significant benefits and 142 
risks of such options, and to make and communicate health care 143 
decisions to health care providers, including communication 144 
through individuals familiar with the patient's manner of 145 
communicating if those individuals are available. 146 
 (12)  "Mental health professional" means a psychiatrist 147 
licensed under chapter 458 or 459, a psychiatric nurse licensed 148 
under part I of chapter 464, a psychologist licensed under 149 
chapter 490, or a mental health counselor or clinical social 150     
 
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worker licensed under chapter 491. 151 
 (13)  "Physician" means a person licensed to practice 152 
medicine under chapter 458 or osteopathic medicine under chapter 153 
459. 154 
 (14)  "Public place" means any street, alley, par k, or 155 
public building; any place of business or assembly open to or 156 
frequented by the public; and any other place open to the public 157 
view or to which the public has access. The term does not 158 
include a health care facility. 159 
 (15)  "Qualified patient" means an individual who has 160 
satisfied the requirements of this chapter to obtain a 161 
prescription for medication to end his or her life in a peaceful 162 
manner. 163 
 (16)  "Self-administer" means to take an affirmative, 164 
conscious, and voluntary action to ingest medicatio n. 165 
 (17)  "Telehealth" has the same meaning as provided in s. 166 
456.47(1). 167 
 (18)  "Terminal condition" means a medically confirmed 168 
condition caused by an injury, an illness, or a disease which is 169 
incurable and irreversible and which will, within reasonable 170 
medical judgment, cause the patient's death within 6 months. 171 
 Section 4.  Section 764.103, Florida Statutes, is created 172 
to read: 173 
 764.103  Legislative findings and intent. —The Legislature 174 
finds that every adult with mental capacity has the fundamental 175     
 
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right of self-determination regarding decisions pertaining to 176 
his or her own health, and recognizes that for some faced with a 177 
terminal condition, prolonging life may result in intolerable 178 
pain and suffering. It is the intent of the Legislature to 179 
establish a procedure to allow an individual with mental 180 
capacity who has a terminal condition, and who makes a fully 181 
informed decision that he or she no longer wants to live, to 182 
obtain medication to end his or her life in a peaceful manner. 183 
 Section 5.  Section 76 4.104, Florida Statutes, is created 184 
to read: 185 
 764.104  Qualified patients; residency requirements; 186 
written and oral requests for medication; waiting periods; form 187 
requirements; right to rescind requests. — 188 
 (1)(a)  An individual may request medication autho rized 189 
under this chapter for the purpose of ending his or her life if 190 
the individual: 191 
 1.  Is 18 years of age or older; 192 
 2.  Is a resident of Florida; 193 
 3.  Has been clinically diagnosed with a terminal condition 194 
by his or her attending physician which has been medically 195 
confirmed by a consulting physician; 196 
 4.  Has mental capacity; 197 
 5.  Is making an informed decision; 198 
 6.  Has voluntarily expressed his or her wish to die; and 199 
 7.  Is able to self-administer the medication. 200     
 
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 (b)  An individual may not qualify for medication under 201 
this chapter solely because of age or disability. 202 
 (2)  Factors demonstrating Florida residency include, but 203 
are not limited to: 204 
 (a)  Possession of a Florida driver license; 205 
 (b)  Registration to vote in Florida; 206 
 (c)  Evidence that the individual owns or leases property 207 
in Florida; or 208 
 (d)  Filing of a federal tax return from the most recent 209 
tax year which asserts that the individual's permanent residence 210 
is in Florida. 211 
 (3)  To obtain medication under this chapter to end his or 212 
her life, a qualified patient must first make two oral requests, 213 
and then one written request, for the medication to his or her 214 
attending physician. 215 
 (a)  A qualified patient may not make the second oral 216 
request to his or her attending physician until a t least 15 days 217 
after making the first oral request. However, if the qualified 218 
patient's attending physician has medically confirmed that the 219 
qualified patient will, within reasonable medical judgment, die 220 
within 15 days after making the first oral request , the 221 
qualified patient may make the second oral request to his or her 222 
attending physician at any time after making the first oral 223 
request. 224 
 (b)  After a qualified patient makes a second oral request, 225     
 
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the attending physician must give the qualified patient an 226 
opportunity to rescind the request. 227 
 (c)  A qualified patient may make a written request for 228 
medication under this chapter after he or she has made a second 229 
oral request for the medication and has been offered the 230 
opportunity to rescind the request. Th e written request must be 231 
made by the qualified patient and may not be made by the 232 
qualified patient's health care surrogate or proxy, attorney, or 233 
representative or by an advance directive. 234 
 (d)  An attending physician may not prescribe medication to 235 
a qualified patient under this chapter until at least 48 hours 236 
after the qualified patient makes a written request for the 237 
medication. However, if the qualified patient's attending 238 
physician has medically confirmed that the qualified patient 239 
will, within reasonable medical judgment, die within the 48 -hour 240 
waiting period, the attending physician may prescribe the 241 
medication immediately after the qualified patient makes the 242 
written request. 243 
 (e)  A qualified patient may make the oral requests for 244 
medication under this chapter through telehealth if the 245 
attending physician deems it clinically appropriate under the 246 
applicable standard of care for his or her profession. 247 
 (4)(a)  A written request for medication under this chapter 248 
must be in a form substantially simila r to the following: 249 
REQUEST FOR MEDICATION 250     
 
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TO END MY LIFE IN A PEACEFUL MANNER 251 
 252 
 I, ...(name of qualified patient)..., am an adult of sound 253 
mind. 254 
 255 
 I am suffering from ...(medical condition)..., which my 256 
attending physician has determined is a terminal con dition and 257 
which has been medically confirmed by a consulting physician. 258 
Both physicians agree that, within reasonable medical judgment, 259 
my condition is incurable and irreversible and is likely to 260 
cause my death within 6 months. ...(qualified patient's 261 
initials)... 262 
 263 
 I have been fully informed of my diagnosis, prognosis, the 264 
nature of the medication to be prescribed and potential 265 
associated risks, the expected result of taking the medication, 266 
and the feasible alternative, concurrent, or additional 267 
treatment opportunities available to me, including hospice care 268 
and palliative care focused on relieving symptoms and reducing 269 
suffering. ...(qualified patient's initials)... 270 
 271 
 Pursuant to chapter 764, Florida Statutes, I request that 272 
my attending physician prescri be medication that will end my 273 
life in a peaceful manner if I choose to self -administer it, and 274 
I authorize my attending physician to contact a willing 275     
 
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pharmacist to dispense such medication to me. ...(qualified 276 
patient's initials)... 277 
 278 
 PURSUANT TO SECTION 764.104, FLORIDA STATUTES, I UNDERSTAND 279 
THAT I HAVE THE RIGHT TO RESCIND THIS REQUEST AT ANY TIME AND IN 280 
ANY MANNER, REGARDLESS OF MY MENTAL STATE. ...(qualified 281 
patient's initials)... 282 
 283 
 I understand the full import of this request, and I expect 284 
to die if I self-administer the medication to be prescribed. I 285 
further understand that although most deaths occur within 3 286 
hours, my death may take longer, and my attending physician has 287 
counseled me about this possibility. ...(qualified patient's 288 
initials)... 289 
 290 
 I make this request voluntarily and without reservation. 291 
...(qualified patient's initials)... 292 
 293 
 Signed: ...(signature of qualified patient)... 294 
 Dated: ...(date)...  Time: ...(time)... 295 
 296 
DECLARATION OF WITNESSES 297 
 We declare that the person signing this request: 298 
 1.  Is personally known to us or has provided proof of his 299 
or her identity; 300     
 
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 2.  Signed this request in our presence; 301 
 3.  Appears to be of sound mind and not under duress, 302 
fraud, or undue influence; and 303 
 4.  Is not a patient for whom either of u s is the attending 304 
physician or other health care provider. 305 
 306 
 First witness  Second witness 307 
 ...(print name)...  ...(print name)... 308 
 ...(relation to patient)...  ...(relation to 309 
patient)... 310 
 ...(signature)...  ...(signature)... 311 
 ...(date)...  ...(date)... 312 
 313 
 NOTE: At least one witness must not be a relative (by 314 
blood, marriage, registered domestic partnership, or adoption) 315 
of the qualified person signing this request, must not be 316 
entitled to any portion of the person's estate upon death, and 317 
must not be an owner, operator, or employee of a health care 318 
facility where the qualified patient is a patient or resident. 319 
 (b)  To be valid, the written request must be signed by the 320 
qualified patient and witnessed by at least two individuals who, 321 
in the presence of the qualified patient, attest that, to the 322 
best of their knowledge and belief, the qualified patient has 323 
mental capacity, is acting voluntarily, and is not being coerced 324 
to sign the request. At least one of the witnesses must be a 325     
 
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person who is not: 326 
 1.  A relative of the qualified patient by blood, marriage, 327 
registered domestic partnership, or adoption; 328 
 2.  A person who at the time the request is signed would be 329 
entitled to any portion of the estate of the qualified patient 330 
upon death under any wil l or by operation of law; or 331 
 3.  An owner, operator, or employee of a health care 332 
facility where the qualified patient is receiving medical 333 
treatment or is a resident. 334 
 (c)  The qualified patient's attending physician or other 335 
health care provider at the time the request is signed may not 336 
serve as a witness. 337 
 (5)  A qualified patient may rescind his or her request at 338 
any time and in any manner without regard to his or her mental 339 
state. 340 
 Section 6.  Section 764.105, Florida Statutes, is created 341 
to read: 342 
 764.105  Attending physician responsibilities; consulting 343 
physician responsibilities; recordkeeping and reporting 344 
requirements; annual report. — 345 
 (1)  ATTENDING PHYSICIAN RESPONSIBILITIES. —The attending 346 
physician shall do all of the following before prescri bing 347 
medication to a qualified patient under this chapter: 348 
 (a)  Make the initial determination of whether a patient 349 
has a terminal condition, has mental capacity, has voluntarily 350     
 
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made the request for medication to end his or her life without 351 
coercion or undue influence by another person, and is able to 352 
self-administer the medication to be prescribed. 353 
 (b)  Refer the patient to a consulting physician for 354 
medical confirmation of the diagnosis, and for a determination 355 
that the patient has mental capacity and is acting voluntarily. 356 
 (c)  Ensure that the patient is making an informed decision 357 
by fully informing the patient of the facts relevant to all of 358 
the following: 359 
 1.  The patient's medical diagnosis and prognosis. 360 
 2.  The potential risks associated with s elf-administering 361 
the medication to be prescribed. 362 
 3.  The probable result of self -administering the 363 
medication to be prescribed. 364 
 4.  The feasible alternative, concurrent, and additional 365 
treatment options available to the patient, including, but not 366 
limited to, palliative care, hospice care, and pain control. 367 
 5.  The option to obtain the medication to end his or her 368 
life but subsequently decide not to take it. 369 
 (d)  Verify the patient's Florida residency. 370 
 (e)  Refer the patient to a mental health professional with 371 
the appropriate training and expertise for counseling if the 372 
patient has a history of, or if the physician believes the 373 
patient may be suffering from, a mental health disorder or 374 
intellectual disability that may cause impaired judgment. The 375     
 
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attending physician may not prescribe medication under this 376 
chapter until the mental health professional counseling the 377 
patient determines that the patient is not suffering from a 378 
mental health disorder or intel lectual disability causing 379 
impaired judgment that impacts his or her ability to make 380 
informed end-of-life decisions. 381 
 (f)  Inform the qualified patient that he or she has an 382 
opportunity to rescind the request at any time and in any 383 
manner, and offer the qu alified patient an opportunity to 384 
rescind the request after the qualified patient's second oral 385 
request in accordance with s. 764.104. 386 
 (g)  Inform the qualified patient that there is no 387 
obligation to fill the prescription or to self -administer the 388 
medication prescribed under this chapter, even if obtained. 389 
 (h)  Immediately before writing a prescription for 390 
medication under this chapter, verify again that the qualified 391 
patient is making an informed decision. 392 
 (i)  Counsel the patient about the importance o f having 393 
another person present when the patient self -administers the 394 
medication prescribed under this chapter and of not self -395 
administering the medication in a public place. 396 
 (j)  Comply with the medical record documentation 397 
requirements of this section. 398 
 (k)  Ensure that all required steps are carried out in 399 
accordance with this chapter before writing a prescription for 400     
 
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medication to enable a qualified patient to end his or her life 401 
in a peaceful manner. 402 
 (l)1.  Dispense medications directly, including an cillary 403 
medications intended to minimize the patient's discomfort, 404 
provided the attending physician is registered as a dispensing 405 
practitioner under s. 465.0276, has a current Drug Enforcement 406 
Administration number, and complies with applicable laws and 407 
rules; or 408 
 2.  With the patient's written consent: 409 
 a.  Contact a pharmacist and inform the pharmacist of the 410 
prescription; and 411 
 b.  Deliver the written prescription personally, 412 
electronically, or by mail to the pharmacist, who will dispense 413 
the medications to either the patient, the attending physician, 414 
the patient's legal representative, or an individual whom the 415 
patient designates in writing. 416 
 (2)  CONSULTING PHYSICIAN RESPONSIBILITIES. —A consulting 417 
physician shall examine the patient and his or her releva nt 418 
medical records to confirm, in writing, whether the consulting 419 
physician agrees with the attending physician's diagnosis that 420 
the patient is suffering from a terminal condition, and verify 421 
whether the patient has mental capacity, is acting voluntarily, 422 
and has made an informed decision. A consulting physician must 423 
refer the patient to a mental health professional for counseling 424 
if the physician believes the patient may be suffering from a 425     
 
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mental health disorder or intellectual disability that may cause 426 
impaired judgment and the attending physician has not already 427 
referred the patient for such counseling. 428 
 (3)  CONFLICT OF INTEREST. —The attending physician, 429 
consulting physician, and mental health professional and 430 
interpreter, if any, may not be related to the qualified patient 431 
by blood, marriage, registered domestic partnership, or adoption 432 
or be entitled to any portion of the qualified patient's estate. 433 
 (4)  RECORDKEEPING.—An attending physician is responsible 434 
for ensuring that all of the following is doc umented or filed in 435 
the patient's medical record: 436 
 (a)  All oral requests by a patient for medication under 437 
this chapter. 438 
 (b)  All written requests by a patient for medication under 439 
this chapter. 440 
 (c)  The attending physician's diagnosis, prognosis, and 441 
determination that the patient has mental capacity, is acting 442 
voluntarily, has made an informed decision, and is able to self -443 
administer the medication to be prescribed. 444 
 (d)  The consulting physician's diagnosis, prognosis, and 445 
verification that the patien t has mental capacity, is acting 446 
voluntarily, has made an informed decision, and is able to self -447 
administer the medication to be prescribed. 448 
 (e)  A report of the outcome and determinations made during 449 
counseling, if performed. 450     
 
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 (f)  The attending physicia n's offer to the patient to 451 
rescind his or her request at the time of the patient's second 452 
oral request. 453 
 (g)  A note by the attending physician indicating that all 454 
requirements under this chapter have been met and indicating the 455 
steps taken to carry out t he request, including a notation of 456 
the medication prescribed. 457 
 (5)  REPORTING.—A health care provider who prescribes or 458 
dispenses medication under this chapter must submit a report to 459 
the department for each qualified patient for or to whom he or 460 
she prescribes or dispenses such medication, as applicable. The 461 
department shall adopt rules to establish timeframes and forms 462 
for submitting such reports. The reports must be limited to all 463 
of the following information: 464 
 (a)  The qualified patient's age at death, if applicable. 465 
 (b)  The qualified patient's gender, race, and ethnicity. 466 
 (c)  Whether the qualified patient was enrolled in hospice 467 
care at the time of death. 468 
 (d)  The qualified patient's underlying terminal condition. 469 
 (e)  Whether the qualified patie nt self-administered the 470 
medication prescribed to end his or her life and, if so, the 471 
date on which the death occurred. 472 
 (6)  ANNUAL REPORT.—By January 15 of each year, the 473 
department shall publish on its website an aggregated report of 474 
all of the information submitted to the department under 475     
 
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subsection (5) for the preceding year, including, but not 476 
limited to, the total num ber of qualified patients who received 477 
a prescription for medication under this chapter and the total 478 
number of health care providers who prescribed such medication. 479 
The report may not include any personal identifying information 480 
for the qualified patients . 481 
 Section 7.  Section 764.106, Florida Statutes, is created 482 
to read: 483 
 764.106  Disposal of medication. —A person who has custody 484 
or control of any unused medication prescribed under this 485 
chapter after the death of the qualified patient must personally 486 
deliver the unused medication to the nearest facility qualified 487 
to dispose of controlled substances or must dispose of the 488 
unused medications by any lawful means in accordance with the 489 
rules of the Board of Pharmacy or a United States Drug 490 
Enforcement Administration approved drug take back program. 491 
 Section 8.  Section 764.107, Florida Statutes, is created 492 
to read: 493 
 764.107  Death certificates. —If a qualified patient dies by 494 
self-administration of medication as authorized under this 495 
chapter, the qualified patient's death certificate must list the 496 
underlying terminal condition as the cause of death and not the 497 
prescribed medication. 498 
 Section 9.  Section 764.108, Florida Statutes, is created 499 
to read: 500     
 
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 764.108  Effect on construction of wills, contracts, and 501 
statutes; insurance or annuity policies. — 502 
 (1)  A provision in a contract, will, or other agreement, 503 
whether written or oral, to the extent the provision would 504 
affect whether a person may make or rescind a request for 505 
medication under this chapter, is voi d and unenforceable. 506 
 (2)  An obligation owed under any existing contract may not 507 
be conditioned or affected by a person making or rescinding a 508 
request for medication under this chapter. 509 
 (3)  A health insurer may not deny or discriminate in its 510 
provision of health benefits to a policyholder based on the 511 
availability of the medication authorized under this chapter to 512 
end his or her life, nor may a health insurer attempt to 513 
influence a policyholder's decision to make or rescind a request 514 
for such medication. 515 
 (4)  The sale, procurement, or issuance of any life, 516 
health, or accident insurance or annuity policy, or the rate 517 
charged for any policy, may not be conditioned upon or affected 518 
by a person making or rescinding a request for medication under 519 
this chapter. A qualified patient's act of self -administering 520 
medication prescribed under this chapter may not affect a life, 521 
health, or accident insurance or annuity policy. 522 
 Section 10.  Section 764.109, Florida Statutes, is created 523 
to read: 524 
 764.109  Penalties; l iabilities; immunities; grounds for 525     
 
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prohibiting health care provider participation; notification; 526 
permissible sanctions. — 527 
 (1)  A person who: 528 
 (a)  Without authorization of the patient, willfully alters 529 
or forges a request for medication under this chapter or 530 
conceals or destroys a rescission of that request with the 531 
intent or effect of causing the patient's death commits a felony 532 
of the first degree, punishable as provided in s. 775.082, s. 533 
775.083, or s. 775.084. 534 
 (b)  Coerces or exerts undue influence on a patient to 535 
request medication under this chapter for the purpose of ending 536 
the patient's life or to destroy a rescission of a medication 537 
request commits a felony of the first degree, punishable as 538 
provided in s. 775.082, s. 775.083, or s. 775.084. 539 
 (2)  This chapter does not limit further liability for 540 
civil damages resulting from other negligent conduct or 541 
intentional misconduct by any person. 542 
 (3)  The penalties in this chapter do not preclude criminal 543 
penalties applicable under other law for conduct t hat is 544 
inconsistent with this chapter. 545 
 (4)  Except as provided in subsections (1) and (5): 546 
 (a)  A person is not subject to civil or criminal liability 547 
or professional disciplinary action for complying in good faith 548 
with this chapter. This includes being present when a qualified 549 
patient self-administers the medication prescribed under this 550     
 
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chapter. 551 
 (b)  A health care facility, a professional organization or 552 
association, or a health insurer may not subject a person to 553 
censure, discipline, suspension; loss or denial of license, 554 
credentials, privileges, or membership; or any other penalty 555 
solely for refusing to participate in this chapter or for 556 
complying in good faith with this chapter. 557 
 (c)  A request by a patient for, or provision by an 558 
attending physician of, medication in good faith compliance with 559 
this chapter does not constitute evidence of neglect for any 560 
purpose of law or provide the sole basis for the appointment of 561 
a guardian or conservator. 562 
 (d)  A health care provider is not under any duty, whethe r 563 
by contract, by statute, or by any other legal requirement, to 564 
participate in the provision of medication prescribed under this 565 
chapter to a qualified patient. If a health care provider is 566 
unable or unwilling to carry out a patient's request under this 567 
chapter, the health care provider must inform the patient and 568 
refer him or her to a health care provider willing to assist the 569 
patient in the request for medication to end his or her life as 570 
authorized under this chapter. If the patient transfers his or 571 
her care to a new health care provider, the prior health care 572 
provider must transfer, upon request, a copy of the patient's 573 
relevant medical records to the new health care provider within 574 
48 hours. 575     
 
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 (5)(a)  As used in this subsection, the term: 576 
 1.  "Notify" means to make a separate written statement 577 
specifically informing employees, before their participation in 578 
this chapter, of the employing health care provider's or health 579 
care facility's policy sanctioning participation in activities 580 
covered by this chapte r. 581 
 2.  "Participation in this chapter" means performing the 582 
duties of an attending physician, the function of a consulting 583 
physician, or the function of counseling pursuant to s. 764.105. 584 
The term does not include: 585 
 a.  Making an initial determination tha t a patient has a 586 
terminal disease and informing the patient of the medical 587 
prognosis; 588 
 b.  Providing information about the Florida End -of-Life 589 
Options Act to a patient upon the request of the patient; 590 
 c.  Providing a patient, upon the request of the pati ent, 591 
with a referral to another physician; or 592 
 d.  A patient contracting with his or her attending 593 
physician or consulting physician to act outside of the course 594 
and scope of the provider's capacity as an employee or 595 
independent contractor of the sanctioning health care provider. 596 
 (b)  Notwithstanding any other law, an employing health 597 
care provider or health care facility may prohibit participation 598 
in this chapter on the premises of facilities that it owns or 599 
operates if it first notifies the heal th care providers 600     
 
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practicing in its facilities of its policy. This paragraph does 601 
not prevent a health care provider or health care facility from 602 
otherwise providing health care services to a patient which do 603 
not constitute participation in this chapter. 604 
 (c)  A health care provider or health care facility that 605 
prohibits participation in this chapter on the premises of its 606 
facilities shall clearly articulate this policy in an easily 607 
accessible and appropriate location on any website maintained by 608 
the provider or facility and in any applicable materials given 609 
to patients. 610 
 (d)  An employing health care provider or health care 611 
facility may not prohibit a health care provider from, or 612 
sanction a health care provider for, participation in this 613 
chapter if done off premises of facilities that the employing 614 
health care provider or health care facility owns or operates or 615 
when the health care provider is acting outside the normal 616 
course and scope of his or her employment with the health care 617 
provider or health care f acility. 618 
 (e)  Notwithstanding subsection (4), if an employing health 619 
care provider or health care facility has a policy prohibiting 620 
health care providers from participation in this chapter on the 621 
premises of facilities that it owns or operates and has not ified 622 
them of the policy, the prohibiting health care provider or 623 
health care facility may subject such health care providers to 624 
sanctions for participating in this chapter in violation of that 625     
 
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policy. 626 
 (f)  An employing health care provider or health care 627 
facility that imposes sanctions under paragraph (e) may not be 628 
arbitrary or capricious in its sanctions and must follow all due 629 
process and other procedures the sanctioning health care 630 
provider may have which are related to the imposition of 631 
sanctions on another health care provider. 632 
 (6)  Sanctions imposed under subsection (5) may not be 633 
considered the imposition of a sanction based on a violation of 634 
standard of care, and participation in this chapter may not be 635 
deemed unprofessional conduct for the purpo se of disciplinary 636 
action against a health care provider's license. 637 
 Section 11.  Section 764.11, Florida Statutes, is created 638 
to read: 639 
 764.11  Claims by governmental entity for costs incurred. —640 
Any governmental entity that incurs costs resulting from a 641 
person terminating his or her life pursuant to this chapter in a 642 
public place shall have a claim against the estate of the person 643 
to recover the costs and reasonable attorney fees related to 644 
enforcing the claim. 645 
 Section 12.  Section 764.111, Florida Sta tutes, is created 646 
to read: 647 
 764.111  Construction; severability. — 648 
 (1)  This chapter may not be construed to authorize a 649 
physician or any other person to end a patient's life by lethal 650     
 
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injection, mercy killing, or active euthanasia. Actions taken in 651 
accordance with this chapter do not constitute suicide, assisted 652 
suicide, mercy killing, euthanasia, adult abuse, or homicide for 653 
any purpose under the law. 654 
 (2)  Any section of this chapter being held invalid as to 655 
any person or circumstance does not affect the application of 656 
any other section of this chapter which can be given full effect 657 
without the invalid section or application, and, to this end, 658 
the provisions of this chapter are severable. 659 
 Section 13.  Section 782.08, Florida Statutes, is amended 660 
to read: 661 
 782.08  Assisting self -murder.—Every person deliberately 662 
assisting another in the commission of self -murder shall be 663 
guilty of manslaughter, a felony of the second degree, 664 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 665 
Actions authorized under the Florida End -of-Life Options Act, 666 
chapter 764, do not constitute assisting another in the 667 
commission of self-murder, and a person acting within the scope 668 
of and in accordance with chapter 764 may not be prosecuted 669 
under this section for such a cts. 670 
 Section 14. This act shall take effect July 1, 2025. 671