Florida SB 312: Excise Tax on Documents

Bill Text

312 
Patient-directed Medical Orders 
2025-10-31T05:00:27Z 
Revising definitions and defining the term “patient-directed medical order”; authorizing the execution of a patient-directed medical order for a specified purpose; requiring that certain health care services be provided to the principal regardless of the decision to withhold or withdraw life-prolonging procedures; authorizing physicians, physician assistants, and advanced practice registered nurses to withhold or withdraw life-prolonging procedures under certain circumstances without penalty; requiring the Agency for Health Care Administration to create and update a database for the storage of patient-directed medical orders, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 312 

 By Senator Rodriguez 

 40-00411-26 2026312__ 
 1 A bill to be entitled 
 2 An act relating to patient-directed medical orders; 
 3 amending s. 765.101, F.S.; revising definitions and 
 4 defining the term “patient-directed medical order”; 
 5 amending s. 765.102, F.S.; revising legislative 
 6 findings and intent; creating s. 765.3041, F.S.; 
 7 authorizing the execution of a patient-directed 
 8 medical order for a specified purpose; providing 
 9 requirements for valid patient-directed medical 
 10 orders; authorizing the use of telehealth for a 
 11 specified purpose; requiring that certain health care 
 12 services be provided to the principal regardless of 
 13 the decision to withhold or withdraw life-prolonging 
 14 procedures; authorizing physicians, physician 
 15 assistants, and advanced practice registered nurses to 
 16 withhold or withdraw life-prolonging procedures under 
 17 certain circumstances without penalty; providing 
 18 construction; amending ss. 395.1041, 400.142, 400.487, 
 19 400.605, 400.6095, 400.611, 401.35, 401.45, 429.255, 
 20 429.73, 744.4431, 752.001, 765.110, 765.204, 765.205, 
 21 and 765.305, F.S.; conforming cross-references and 
 22 provisions to changes made by the act; requiring the 
 23 Agency for Health Care Administration to create and 
 24 update a database for the storage of patient-directed 
 25 medical orders; providing an effective date. 
 26 
 27 Be It Enacted by the Legislature of the State of Florida: 
 28 
 29 Section 1. Present subsections (15) through (22) of section 
 30 765.101, Florida Statutes, are redesignated as subsections (16) 
 31 through (23), respectively, a new subsection (15) is added to 
 32 that section, and subsections (1) and (7) of that section are 
 33 amended, to read: 
 34 765.101 Definitions.—As used in this chapter: 
 35 (1) “Advance directive” means a witnessed written document 
 36 or oral statement in which instructions are given by a principal 
 37 or in which the principal’s desires are expressed concerning any 
 38 aspect of the principal’s health care or health information, and 
 39 includes, but is not limited to, the designation of a health 
 40 care surrogate, a living will, or an anatomical gift made 
 41 pursuant to part V of this chapter. An advance directive may 
 42 also include a patient-directed medical order. 
 43 (7) “Health care facility” means a hospital, nursing home, 
 44 hospice, home health agency, or health maintenance organization 
 45 licensed in this state; a, or any facility subject to part I of 
 46 chapter 394; or an assisted living facility or adult family-care 
 47 home licensed under chapter 429. 
 48 (15) “Patient-directed medical order” means a medical order 
 49 created by the principal in collaboration with a physician, a 
 50 physician assistant, or an advanced practice registered nurse 
 51 registered under s. 464.0123 which is portable across health 
 52 care settings and accessible in a voluntary online registry. 
 53 Section 2. Subsection (6) of section 765.102, Florida 
 54 Statutes, is amended to read: 
 55 765.102 Legislative findings and intent.— 
 56 (6) For purposes of this chapter: 
 57 (a) Palliative care is the comprehensive management of the 
 58 physical, psychological, social, spiritual, and existential 
 59 needs of patients. Palliative care is especially suited to the 
 60 care of persons who have incurable or, progressive illnesses. 
 61 (b) Palliative care may must include: 
 62 1. An opportunity to discuss and plan for end-of-life care. 
 63 2. Assurance that physical and mental suffering will be 
 64 carefully attended to. 
 65 3. Assurance that preferences for withholding and 
 66 withdrawing life-sustaining interventions will be honored. 
 67 4. Assurance that the personal goals of the dying person 
 68 will be addressed. 
 69 5. Assurance that the dignity of the dying person will be a 
 70 priority. 
 71 6. Assurance that health care providers will not abandon 
 72 the dying person. 
 73 7. Assurance that the burden to family and others will be 
 74 addressed. 
 75 8. Assurance that advance directives for care, orders not 
 76 to resuscitate executed pursuant to s. 401.4