Florida End-of-Life Options Act 2024

Summary of HB561 filed January 2024

This bill was sponsored by Representative Campbell, with a companion bill sponsored by Senator Torres on January 2024.

Legislative Findings and Intent: The Legislature finds that every adult with mental capacity has
the fundamental right of self-determination regarding decisions pertaining to his or her own
health, and recognizes that for some faced with a terminal condition, prolonging life may result
in intolerable pain and suffering. It is the intent of the Legislature to establish a procedure to
allow an individual with mental capacity who has a terminal condition, and who makes a fully
informed decision that he or she no longer wants to live, to obtain medication to end his or her
life in a peaceful manner.

Eligibility Requirements:
1. Must be an adult resident of Florida.
2. Must have the mental capacity to make and understand their healthcare decisions.
3. Been clinically diagnosed with a terminal condition with less than 6 months to live by
their attending physician and confirmed by a consulting physician.
4. Is able to self-administer the medication.
5. Has voluntarily expressed their wish to die.

Process to obtain the medication:
1. Must first make two oral requests with a 15 day waiting period in between requests.
2. The physician confirms that the patient meets all the requirements. If there is any
question about mental capacity, the physician refers the patient to a mental health
professional for a determination that the patient has the mental capacity to make this
decision.
3. During the waiting period, the physician counsels the patient on all other end of life
options, the outcome of using medical aid in dying, and that the patient may change their
mind at any time.
4. After the 2nd oral request, the patient confirms the request in writing, with 2 witnesses
observing to ensure the request is made voluntarily, and the patient appears to be of
sound mind.
5. The physician waits 48 hours after the written request before prescribing the medication.

Conflict of Interest:
1. At least one witness may not be related to the patient, or entitled to any portion of their
estate, or an owner/operator/employee of the healthcare facility where the patient is
receiving treatment or resides.
2. The attending physician, consulting physician, mental health professional or interpreter
may not be related to the patient.

Death Certificate:
The death certificate must list the patient’s underlying terminal condition as the cause of death
and not the prescribed medication. This protects the patient’s will, insurance, annuities, etc.

Healthcare Professional Safeguards:
1. A healthcare provider is not under any duty to participate in the provision of medication –
it is completely voluntary.
2. A healthcare facility, a professional organization or association, or a health insurer may
not subject a person to censure, discipline, suspension, loss of license, etc for refusing
to participate or for complying in good faith.
3. A person is not subject to civil or criminal liability or professional disciplinary action for
complying in good faith.
4. Actions authorized under the Florida End-of-Life Options Act do not constitute assisting
another in the commission of self-murder, and a person acting within the scope of and in
accordance with the Florida End-of-Life Options Act may not be prosecuted for such
acts.