Terminally ill patients could be offered end-of-life medications

Terminally ill Floridians could be given additional options to end their lives after a new measure was filed Friday.

The bill (HB 471) was filed by Boynton Beach Democrat Rep. Joe Casello and would be titled the “Florida End-of-Life Option Act” which would give terminally ill patients autonomy over their end-of-life choices.

It emphasizes the fundamental right of self-determination for adults with terminal illnesses who are still fully mentally capable of making an informed, voluntary decision. Patients must be over the age of 18, Florida residents, and diagnosed with a terminal illness that would end their life within six months.

To be eligible, patients would have to submit two oral requests and one written request — which would include a non-relative witness signature — for medication to end their life. The bill would further allow for a waiting period, and the patient would be able to rescind their request at any time.

Attending qualified physicians would be required to verify a patient’s terminal condition, inform them of their options and, if needed, refer the patient to a consulting physician and mental health professional. Consulting physicians would need to confirm a diagnosis, the patient’s mental capacity, and confirm the decision is a voluntary action.

Health care providers would report to the Department of Health under strict documentation, reporting and recordkeeping guidelines. The department would then publish an annual aggregated report.

Any unused medications would be required to be disposed of properly, and death certificates for patients who die by self-administration of prescribed medication must list the underlying terminal condition as the cause of death.

Those acting in good faith and not participating in prohibited actions would be granted immunities. However, the bill would not restrict any further liability for civil damages that result from negligent conduct or intentional misconduct by any person.

Health care providers and facilities would be able to prohibit participation in the act on their premises, but they must inform both their employees and patients before doing so. Furthermore, providers who participate in the act off-premises or outside of their employment scope cannot be sanctioned.

Under the act, insurance companies would be prohibited from any clauses within a patient’s insurance contract that affects decisions a patient could make about using end-of-life medications. Insurers would further be prohibited from denying benefits or discriminate based on the availability of the medication.

The bill points out that the act does not authorize a physician or any other person to end a patient’s life by lethal injection, mercy killing or active euthanasia.

Criminal penalties would apply if any person willfully altered or forges a request for medication or conceals or destroys a recission of the request with the intent or effect of causing the patient’s death. Coercion or influence of a patient to take the end-of-life medication also carries criminal penalties.

These actions would be considered a first-degree felony under Florida statutes and could come with a potential prison sentence of up to 30 years.

If passed, the act will come into effect July 1, 2025.