This email will open a series about what can be prioritized in the 2022 Florida legislative session.
The key is to get pressure on these key issues. Representatives and Senators may attempt to avoid these issues by claiming it’s too late for new bills be filed. These issues can be handled by committees who can create new bills. Or these issues can be amended into existing bills.
Key issue: Florida’s Patient’s Bill Of Rights.
Florida has a Patient’s Bill Of Rights at Florida Statute 381.026. However the current statute has a number of issues to be addressed:
1) A patient’s right to decline a treatment is “subject to other law” meaning a patient can’t reject a treatment if the state says they have to take it (Florida’s forced treatment law will be discussed - again - in another email)
2) The current Patient’s Bill Of Rights allows a patient to bring a person of their choosing with them to health care meetings, but a faclity can prevent this if there is a “risk the safety or health of the patient, other patients, or staff of the facility or office.” Many facilities are denying this right regularly and it’s hard to fight.
3) Many patients are getting stuck in facilities and are unable to transfer out while doctors don’t have freedom because they fear losing their licenses.
4) While patients are required to be given information for informed consent there isn’t a direct way to bring an action when this right is violated.
It’s time to get the legislature to fix this existing law. Lives hang in the balance.
Make sure you are subscribed (links below) to get future updates.
Shawn
NOTE: While legal issues are discussed this is education and is not legal advice. It is not a substitute for the advice of an attorney. Please consult your own attorney on your situation and to get legal advice about your circumstances. Courts are unpredictable may disagree with the author’s opinions.
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