Health Care Advance Directives
About 5 of every 64 questions on a Florida NHA Laws and Rules practice exam come from this topic.
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What to know
Chapter 765, F.S., Parts I to IV, governs advance directives: surrogate designations, living wills and proxies for adults without a directive. A health care facility must give each patient written information on advance directive rights and record whether one exists. It may not require a directive, or one on its own forms, as a condition of admission or treatment; doing so risks discipline and a fine of up to $1,000 per incident. A competent principal may revoke a directive orally, in writing or by destroying it, effective when communicated. Divorce revokes a former spouse's designation. A surrogate is named in writing before two adult witnesses; the surrogate cannot witness, and one witness must be neither spouse nor blood relative. A physician determines incapacity, with a second evaluation when in doubt. Surrogates use substituted judgment, then best interest, and need express authority or court approval for treatments such as electroshock therapy or voluntary mental health admission. Withholding life-prolonging procedures requires separate exams by two physicians. Without a directive, proxies follow a fixed priority list that starts with the guardian and spouse. A facility that objects on moral grounds must transfer the patient or comply within 7 days.
Where it comes from
- §§ 765.101, 765.104, 765.105, 765.107, Fla. Stat.
- §§ 765.109, 765.110, 765.1103, 765.1105, 765.112, 765.113, Fla. Stat.
- §§ 765.202, 765.204, 765.205, Fla. Stat.
- §§ 765.302, 765.305, 765.306, 765.309, Fla. Stat.
- §§ 765.401, 765.404, Fla. Stat.
Try a practice question
A competent resident tells the charge nurse, "I want to cancel my health care surrogate paper." She writes nothing down. Under Chapter 765, is this a valid way to revoke the advance directive?
- ANo, revocation requires a signed and dated writing by the resident
- BNo, revocation requires destroying the original document
- COnly if two adult witnesses hear the statement
- DYes, an oral expression of intent to revoke is valid
Show the answer
Yes, an oral expression of intent to revoke is valid. A competent principal may amend or revoke an advance directive at any time, including by an oral expression of intent to amend or revoke.
§ 765.104(1)(c), Fla. Stat.
Ready for a full run? The Florida Nursing Home Administrator Laws and Rules Exam Practice Test is 64 questions in 120 minutes, scored at 75%. For the official exam's details, see Florida Nursing Home Administrator License Exam Requirements.