HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 1 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 2 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 3 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 4 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 5 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 6 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 7 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 8 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 9 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 10 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 11 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 12 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 13 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 14 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 15 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 16 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 17 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 18 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 19 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 20 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 21 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 22 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 23 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 24 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 25 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 26 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 471 2025 CODING: Words stricken are deletions; words underlined are additions. hb471-00 Page 27 of 27 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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