(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.
Structure Florida Statutes
Chapter 765 - Health Care Advance Directives
Part I - General Provisions (Ss. 765.101-765.113)
765.102 - Legislative findings and intent.
765.103 - Existing advance directives.
765.104 - Amendment or revocation.
765.105 - Review of surrogate or proxy’s decision.
765.106 - Preservation of existing rights.
765.108 - Effect with respect to insurance.
765.109 - Immunity from liability; weight of proof; presumption.
765.110 - Health care facilities and providers; discipline.
765.1103 - Pain management and palliative care.
765.1105 - Transfer of a patient.
765.112 - Recognition of advance directive executed in another state.