Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Part I - General Provisions (Ss. 765.101-765.113)
765.101 - Definitions. - (1) “Advance directive” means a witnessed written document or oral...
765.102 - Legislative findings and intent. - (1) The Legislature finds that every competent adult has the...
765.103 - Existing advance directives. - History.—s. 2, ch. 92-199; s. 18, ch. 99-331.
765.104 - Amendment or revocation. - (1) An advance directive may be amended or revoked at...
765.105 - Review of surrogate or proxy’s decision. - (1) The patient’s family, the health care facility, or the...
765.106 - Preservation of existing rights. - History.—s. 2, ch. 92-199; s. 5, ch. 94-183.
765.107 - Construction. - (1) This chapter shall not be construed to repeal by...
765.108 - Effect with respect to insurance. - History.—s. 2, ch. 92-199.
765.109 - Immunity from liability; weight of proof; presumption. - (1) A health care facility, provider, or other person who...
765.110 - Health care facilities and providers; discipline. - (1) A health care facility, pursuant to Pub. L. No....
765.1103 - Pain management and palliative care. - (1) A patient shall be given information concerning pain management...
765.1105 - Transfer of a patient. - (1) A health care provider or facility that refuses to...
765.1115 - Falsification, forgery, or willful concealment, cancellation, or destruction of directive or revocation or amendment; penalties. - (1) Any person who willfully conceals, cancels, defaces, obliterates, or...
765.112 - Recognition of advance directive executed in another state. - History.—s. 2, ch. 92-199.
765.113 - Restrictions on providing consent. - (1) Abortion, sterilization, electroshock therapy, psychosurgery, experimental treatments that have...
Part II - Health Care Surrogate (Ss. 765.201-765.205)
765.201 - Short title. - History.—s. 3, ch. 92-199.
765.202 - Designation of a health care surrogate. - (1) A written document designating a surrogate to make health...
765.203 - Suggested form of designation. - DESIGNATION OF HEALTH CARE SURROGATE I, (name) , designate as...
765.2035 - Designation of a health care surrogate for a minor. - (1) A natural guardian as defined in s. 744.301(1), legal...
765.2038 - Designation of health care surrogate for a minor; suggested form. - DESIGNATION OF HEALTH CARE SURROGATEFOR MINOR I/We, (name ames) ,...
765.204 - Capacity of principal; procedure. - (1) A principal is presumed to be capable of making...
765.205 - Responsibility of the surrogate. - (1) The surrogate, in accordance with the principal’s instructions, unless...
Part III - Life-Prolonging Procedures (Ss. 765.301-765.309)
765.301 - Short title. - History.—s. 4, ch. 92-199; s. 24, ch. 99-331.
765.302 - Procedure for making a living will; notice to physician. - (1) Any competent adult may, at any time, make a...
765.303 - Suggested form of a living will. - (1) A living will may, BUT NEED NOT, be in...
765.304 - Procedure for living will. - (1) If a person has made a living will expressing...
765.305 - Procedure in absence of a living will. - (1) In the absence of a living will, the decision...
765.306 - Determination of patient condition. - History.—s. 4, ch. 92-199; s. 13, ch. 94-183; s. 29,...
765.309 - Mercy killing or euthanasia not authorized; suicide distinguished. - (1) Nothing in this chapter shall be construed to condone,...
Part IV - Absence of Advance Directive (Ss. 765.401, 765.404)
765.401 - The proxy. - (1) If an incapacitated or developmentally disabled patient has not...
765.404 - Persistent vegetative state. - (1) The person has a judicially appointed guardian representing his...
Part V - Anatomical Gifts (Ss. 765.510-765.547)
765.510 - Legislative declaration. - History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3,...
765.511 - Definitions. - (1) “Agency” means the Agency for Health Care Administration. (2)...
765.512 - Persons who may make an anatomical gift. - (1) Any person who may make a will may make...
765.513 - Donees; purposes for which anatomical gifts may be made. - (1) The following persons or entities may become donees of...
765.514 - Manner of making anatomical gifts. - (1) A person may make an anatomical gift of all...
765.515 - Delivery of donor document. - (1) If an anatomical gift is made pursuant to s....
765.5155 - Donor registry; education program. - (1) The Legislature finds that: (a) There is a shortage...
765.51551 - Donor registry; public records exemption. - (1) Information held in the donor registry which identifies a...
765.516 - Donor amendment or revocation of anatomical gift. - (1) A donor may amend the terms of or revoke...
765.517 - Rights and duties at death. - (1) The donee, pursuant to s. 765.515(2), may accept or...
765.518 - Eye banks. - (1) Any state, county, district, or other public hospital may...
765.5185 - Corneal removal by medical examiners. - (1) In any case in which a patient is in...
765.519 - Enucleation of eyes by licensed funeral directors. - History.—s. 1, ch. 74-106; s. 45, ch. 75-220; s. 1,...
765.521 - Donations as part of driver license or identification card process. - (1) The agency and the department shall develop and implement...
765.522 - Duty of hospital administrators; liability of hospital administrators and procurement organizations. - (1) If, based on accepted medical standards, a hospital patient...
765.523 - Discrimination in access to anatomical gifts and organ transplants prohibited. - (1) As used in this section, the term: (a) “Auxiliary...
765.541 - Certification of procurement organizations; agency responsibilities. - (1) Establish a program for the certification of organizations, corporations,...
765.542 - Requirements to engage in organ, tissue, or eye procurement. - (1) The requirements of part II of chapter 408 apply...
765.543 - Organ and Tissue Procurement and Transplantation Advisory Board; creation; duties. - (1) There is hereby created the Organ and Tissue Procurement...
765.544 - Fees; organ and tissue donor education and procurement. - (1) In accordance with s. 408.805, an applicant or a...
765.545 - Physician supervision of cadaveric organ and tissue procurement coordinators. - History.—s. 6, ch. 91-271; s. 9, ch. 94-305; s. 1035,...
765.546 - Procurement of cadaveric organs for transplant by out-of-state physicians. - (1) The organs are being procured for an out-of-state patient...
765.547 - Cooperation between medical examiner and procurement organization. - (1) A medical examiner and procurement organization shall cooperate with...