(1) A health care provider or facility that refuses to comply with a patient’s advance directive, or the treatment decision of his or her surrogate or proxy, shall make reasonable efforts to transfer the patient to another health care provider or facility that will comply with the directive or treatment decision. This chapter does not require a health care provider or facility to commit any act which is contrary to the provider’s or facility’s moral or ethical beliefs, if the patient:
(a) Is not in an emergency condition; and
(b) Has received written information upon admission informing the patient of the policies of the health care provider or facility regarding such moral or ethical beliefs.
(2) A health care provider or facility that is unwilling to carry out the wishes of the patient or the treatment decision of his or her surrogate or proxy because of moral or ethical beliefs must within 7 days either:
(a) Transfer the patient to another health care provider or facility. The health care provider or facility shall pay the costs for transporting the patient to another health care provider or facility; or
(b) If the patient has not been transferred, carry out the wishes of the patient or the patient’s surrogate or proxy, unless s. 765.105 applies.
History.—s. 4, ch. 92-199; s. 11, ch. 94-183; s. 1148, ch. 97-102; s. 30, ch. 99-331; s. 7, ch. 2015-153.
Note.—Former s. 765.308.
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.