Resuscitation may be withheld or withdrawn from a patient by a treating physician licensed pursuant to Florida Statutes Chapter 458, if evidence of an order not to resuscitate by the patient’s physician is presented to the treating physician. An order not to resuscitate, to be valid, must be on the form as set forth in Florida Statutes § 401.45 The form must be signed by the patient’s physician and by the patient, or, if the patient is incapacitated, the patient’s health care surrogate, or proxy as provided in Florida Statutes Chapter 765; court appointed guardian as provided in Florida Statutes Chapter 744; or attorney in fact under a durable power of attorney as provided in Florida Statutes Chapter 709 The court appointed guardian or attorney in fact must have been delegated authority to make health care decisions on behalf of the patient.
Rulemaking Authority 458.331(1)(v) FS. Law Implemented 458.331(1)(v) FS. History-New 7-27-04.

Terms Used In Florida Regulations 64B8-9.016

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC