AB1078,11,1715 (L) Ensure that all procedures required in order to fulfill a request for
16medication under this chapter are followed before providing a prescription to a
17qualified individual for medication under this chapter, including all of the following:
AB1078,11,1918 1. Confirm that the individual has made an informed decision to obtain a
19prescription for medication under this chapter.
AB1078,11,2120 2. Offer the individual an opportunity to rescind the request for medication
21under this chapter.
AB1078,12,222 3. Educate the individual on the recommended procedure for
23self-administering the medication to be prescribed; the safe-keeping and proper
24disposal of unused medication in accordance with state and federal law; the

1importance of having another person present when the individual self-administers
2the medication to be prescribed; and not taking the medication in a public place.
AB1078,12,113 (m) Deliver the prescription personally, by mail, or through an authorized
4electronic transmission to a licensed pharmacist who will dispense the medication,
5including any ancillary medications, to the attending provider, to the qualified
6individual, or to an individual expressly designated by the qualified individual in
7person or with a signature required on delivery, by mail service or by messenger
8service, or if authorized by the federal drug enforcement agency, dispense the
9prescribed medication, including any ancillary medications, to the qualified
10individual or an individual expressly designated by the qualified individual in
11person.
AB1078,12,1612 (n) Document in the qualified individual's medical record the individual's
13diagnosis and prognosis, determination of mental capability, the date of the oral
14request or requests, a copy of the written request, a notation that the requirements
15under this chapter have been completed, and identification of the medication and
16ancillary medications prescribed to the qualified individual under this chapter.
AB1078,12,18 17(2) Notwithstanding any other provision of law, the attending provider may
18sign the individual's death certificate.
AB1078,12,21 19156.15 Consulting provider responsibilities. A consulting provider for an
20individual shall do all of the following with regard to requests for medication under
21this chapter:
AB1078,12,22 22(1) Evaluate the individual and the individual's relevant medical records.
AB1078,12,24 23(2) Confirm, in writing, to the individual's attending provider that all of the
24following are true:
AB1078,12,2525 (a) The individual has a terminal disease with prognosis of six months or less.
AB1078,13,4
1(b) The individual is mentally capable. If the consulting provider is unable to
2confirm that the individual is mentally capable, the consulting provider shall provide
3documentation that the consulting provider has referred the individual for further
4evaluation in accordance with s. 157.17.
AB1078,13,55 (c) The individual is acting voluntarily, free from coercion or undue influence.
AB1078,13,11 6156.17 Referral for confirmation that the requesting individual is
7mentally capable. (1)
If either an attending provider or a consulting provider is
8unable to confirm that an individual making a request for medication under this
9chapter is capable of making an informed decision, the attending provider or the
10consulting provider shall refer the individual to a licensed mental health care
11provider for determination regarding mental capability.
AB1078,13,14 12(2) The licensed mental health care provider who evaluates the individual
13under this section shall submit to the requesting attending provider or consulting
14provider a written determination of whether the individual is mentally capable.
AB1078,13,18 15(3) If the licensed mental health care provider determines that the individual
16is not mentally capable, the individual may not be deemed a qualified individual and
17the attending provider may not prescribe medication to the individual under this
18chapter.
AB1078,13,22 19156.19 Safe disposal of unused medications. A person who has custody or
20control of medication prescribed under this chapter after a qualified individual's
21death shall dispose of the medication by lawful means in accordance with state and
22federal guidelines.
AB1078,14,3 23156.21 No duty to provide medical aid in dying. (1) A provider shall
24provide sufficient information to an individual with a terminal disease regarding
25available options, the alternatives, and the foreseeable risks and benefits of each

1option so that the individual is able to make informed decisions regarding his or her
2end-of-life health care, but a provider may choose whether or not to practice medical
3aid in dying under this chapter.
AB1078,14,5 4(2) If a provider is unable or unwilling to fulfill an individual's request for
5medication under this chapter, the provider shall do all of the following:
AB1078,14,76 (a) Document the date of the individual's request in the individual's medical
7record.
AB1078,14,98 (b) Upon request, transfer the individual's medical records to the new provider,
9consistent with federal and state law.
AB1078,14,13 10(3) A provider may not engage in false, misleading, or deceptive practices
11relating to a willingness to qualify an individual or provide a prescription to a
12qualified individual under this chapter. Intentionally misleading an individual
13constitutes coercion.
AB1078,14,20 14156.23 Health care facility permissible prohibitions and duties. (1) A
15health care facility may prohibit providers from qualifying, prescribing, or
16dispensing medication under this chapter while performing duties for the facility.
17A prohibiting facility must provide express advance notice in writing at the time of
18hiring, contracting with, or privileging providers and staff, and on a yearly basis
19thereafter. A health care facility that fails to provide advance notice in writing
20waives the right to enforce the prohibition or prohibitions.
AB1078,14,25 21(2) If an individual who is a patient at a prohibiting health care facility and has
22made a request concerning medical aid in dying wishes to transfer care to another
23health care facility, the prohibiting facility shall coordinate a timely transfer,
24including transfer of the individual's medical records that include notation of the
25date the individual first made a request concerning medical aid in dying.
AB1078,15,3
1(3) No health care facility may prohibit a provider from doing any of the
2following in fulfilling the requirements of informed consent and meeting the medical
3of standard of care:
AB1078,15,64 (a) Providing information to an individual regarding the individual's health
5status, including diagnosis, prognosis, recommended treatment, treatment
6alternatives, and any potential risks to the individual's health.
AB1078,15,127 (b) Providing information about available services, relevant community
8resources, and how to access those resources to obtain the care of the individual's
9choice. Providing information about available services, including health care
10services available under this chapter, information about relevant community
11resources, and information about how to access those resources to obtain the care of
12the individual's choice.
AB1078,15,1513 (c) Prescribing medication under this chapter for a qualified individual outside
14the scope of the provider's employment or contract with the prohibiting facility and
15off the premises of the prohibiting facility.
AB1078,15,1916 (d) Being present when a qualified individual self-administers medication
17prescribed under this chapter or at the time of death, if requested by the qualified
18individual or his or her representative and outside the scope of the provider's
19employment or contractual duties with the prohibiting facility.