Florida HB 369: Patient-directed Medical Orders

Bill Text

HB 369 2026

CODING: Words stricken are deletions; words underlined are additions.
hb369-00
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A bill to be entitled 1
An act relating to patient-directed medical orders; 2
amending s. 765.101, F.S.; revising definitions and 3
defining the term "patient-directed medical order"; 4
amending s. 765.102, F.S.; revising legislative 5
findings and intent; creating s. 765.3041, F.S.; 6
authorizing the execution of a patient-directed 7
medical order for a specified purpose; providing 8
requirements for valid patient-directed medical 9
orders; authorizing the use of telehealth for a 10
specified purpose; requiring that certain health care 11
services be provided to the principal regardless of 12
the decision to withhold or withdraw life-prolonging 13
procedures; authorizing physicians, physician 14
assistants, and advanced practice registered nurses to 15
withhold or withdraw life-prolonging procedures under 16
certain circumstances without penalty; providing 17
construction; amending ss. 395.1041, 400.142, 400.487, 18
400.605, 400.6095, 400.611, 401.35, 401.45, 429.255, 19
429.73, 744.4431, 752.001, 765.110, 765.204, 765.205, 20
and 765.305, F.S.; conforming cross-references and 21
provisions to changes made by the act; requiring the 22
Agency for Health Care Administration to create and 23
update a database for the storage of patient-directed 24
medical orders; providing an effective date. 25

HB 369 2026

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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Present subsections (15) through (22) of 29
section 765.101, Florida Statutes, are redesignated as 30
subsections (16) through (23), respectively, a new subsection 31
(15) is added to that section, and subsections (1) and (7) of 32
that section are amended, to read: 33
765.101 Definitions.—As used in this chapter: 34
(1) "Advance directive" means a witnessed written document 35
or oral statement in which instructions are given by a principal 36
or in which the principal's desires are expressed concerning any 37
aspect of the principal's health care or health information, and 38
includes, but is not limited to, the designation of a health 39
care surrogate, a living will, or an anatomical gift made 40
pursuant to part V of this chapter. An advance directive may 41
also include a patient-directed medical order. 42
(7) "Health care facility" means a hospital, nursing home, 43
hospice, home health agency, or health maintenance organization 44
licensed in this state; a, or any facility subject to part I of 45
chapter 394; or an assisted living facility or adult family-care 46
home licensed under chapter 429. 47
(15) "Patient-directed medical order" means a medical 48
order created by the principal in collaboration with a 49
physician, a physician assistant, or an advanced practice 50

HB 369 2026

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registered nurse registered under s. 464.0123 which is portable 51
across health care settings and accessible in a voluntary online 52
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 63
care. 64
2. Assurance that physical and mental suffering will be 65
carefully attended to. 66
3. Assurance that preferences for withholding and 67
withdrawing life-sustaining interventions will be honored. 68
4. Assurance that the personal goals of the dying person 69
will be addressed. 70
5. Assurance that the dignity of the dying person will be 71
a priority. 72
6. Assurance that health care providers will not abandon 73
the dying person. 74
7. Assurance that the burden to family and others will be 75

HB 369 2026

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addressed. 76
8. Assurance that advance directives for care, orders not 77
to resuscitate executed pursuant to s. 401.45, and patient-78
directed medical orders executed pursuant to s. 765.3041 will be 79
respected regardless of the location of care. 80
9. Assurance that organizational mechanisms are in place 81
to evaluate the availability and quality of end-of-life, 82
palliative, and hospice care services, including the evaluation 83
of administrative and reg