(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, the diagnosis, planned course of treatment, alternatives, risks, or prognosis for his or her illness. If the patient is incapacitated, the information shall be given to the patient’s health care surrogate or proxy, court-appointed guardian as provided in chapter 744, or attorney in fact under a durable power of attorney as provided in chapter 709. The court-appointed guardian or attorney in fact must have been delegated authority to make health care decisions on behalf of the patient.
(2) Health care providers and practitioners regulated under chapter 458, chapter 459, or chapter 464 must, as appropriate, comply with a request for pain management or palliative care from a patient under their care or, for an incapacitated patient under their care, from a surrogate, proxy, guardian, or other representative permitted to make health care decisions for the incapacitated patient. Facilities regulated under chapter 395, chapter 400, or chapter 429 must comply with the pain management or palliative care measures ordered by the patient’s physician.
History.—s. 8, ch. 2000-295; s. 5, ch. 2001-250; s. 134, ch. 2001-277; s. 105, ch. 2006-197; s. 6, ch. 2015-153.
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.