Terry Schiavo Executive Order

Governor's Office (email) | Oct 21, 2003 | Gov. Jeb Bush

[beckett]

The Governor has just sent this email to those who contacted him about Terry:

Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.

Again, thank you for writing to Governor Bush.

FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394

Statement By: GOVERNOR JEB BUSH

Regarding Theresa Schiavo

TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.

"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.

"My thoughts and prayers remain with Terri and those who love her."

# # #

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 03-201

WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and

WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and

WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and

WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and

WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and

WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and

WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and

WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;

NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:

Section 1.

A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.

B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.

C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.

D. This order shall be binding on all persons having notice of its provisions.

E. This order shall be effective until such time as the Governor revokes it.

F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.

IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003. _______________________________________

GOVERNOR

ATTEST: ________________________________

SECRETARY OF STATE

Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)

[agrace]

Me too, just came from there. :) Have a good night!

[supercat]

Judge Greer has not obeyed the law. If Judge Greer wrote an order that Michael Moore should be shot, would you want the governor to just let it happen?

Yes.

Okay, bad example. Suppose it were a Freeper. What then?

[freekitty]

"Being a spouse and an adult is apparently meaningless now, at least in Florida."

I don't think that has anything to do with this case. Terri's husband appears to have another agenda than actually taking care of his wife. Whether he actually was the cause of why she is where she is I don't know; but I do think his actions are suspicious and should possibly looked into.

[freekitty]

I also think this could have been what we call a "kangaroo court" where Terri's side was not considered at all.

[wontbackdown]

I heard on the news yesterday that Terri's husband had ordered immediate cremation upon her death. That, combined with the fact that he denied Terri last rites and denied her parents the opportunity to say goodbye is particularly chilling. As for his current woman, how dumb can she be to want to marry a man that cruel and evil? What is Michael Schiavo hiding anyhow?

[supercat]

I also think this could have been what we call a "kangaroo court" where Terri's side was not considered at all.

Literally, since Greer refused to appoint a guardian ad litem.

[supercat]

What is Michael Schiavo hiding anyhow?

Well, if there were any funny business in the management of his wife's trust fund... which would be exposed if a new guardian or guardian ad litem were ever appointed for Terri... then Terri's death would be the only way to keep that under wraps.

Since Michael had already made at least one clear and unambigious attempt on her life, and several other likely attempts, even before this last nearly-successful attempt an investigation of the books could have set him up with an attempted murder rap.

[epow]

Is such fluid draining a procedure which will never, under any circumstance, cause harm to a person? If not, it would seem that the governor would be called upon to make a medical decision.

I believe the question was should a governor stop the painful death of the hypothetical woman due to fluid buildup. If she is going to die a painful death without the draining procedure, how much more harm than that could be caused by the procedure? At least there would be some hope if the procedure was carried out, without the draining there would be no hope.

[epow]

Being a spouse and an adult is apparently meaningless now, at least in Florida.

No, just being a greedy, money-grubbing, adulterous, scumbag spouse who values money more than human life is not as potentially profitable as it was yesterday at this time. At least not in FL.

[supercat]

I believe the question was should a governor stop the painful death of the hypothetical woman due to fluid buildup. If she is going to die a painful death without the draining procedure, how much more harm than that could be caused by the procedure? At least there would be some hope if the procedure was carried out, without the draining there would be no hope.

Yes, but how is the governor supposed to know whether draining the fluid is medically appropriate?

It doesn't take a doctor to know that if you remove food and water from someone they will certainly die unless they are given food and water again; giving them food and water cannot cause any harm worse than denying it. But in your hypothetical, how could a governor know for sure that draining the fluids could do no harm?

[Salvation]

God bless Jeb Bush!

[Salvation]

God bless Jeb Bush and the Florida legislators!

[2timothy3.16]

Or, a diet of nothing?

Nothing is to quick.

[epow]

But in your hypothetical, how could a governor know for sure that draining the fluids could do no harm?

He obviously couldn't if the doctors themselves don't know for sure, but that's beside the point I was attempting to make. I guess I'm not making myself clear, let me try again.

In the hypothetical situation as originally posted the lady is dying because of the fluid build up. If left untreated death is a certainty. If the drainage procedure is carried out she may still die, or live but suffer irreversable harm, or she may recover and survive in good health. Option one is she recieves no effective treatment and therefore dies. Option two is she is treated and may live in good health, may live but suffer severe damage of some kind, or may still die.

Option one = no chance of survival, option two = some chance of survival. I can't see any advantage in choosing option one, can you?

My only point is that whenever there is a chance that life may be preserved by treatment, the choice should always be for the possibility of continued life after treatment over the finality of certain death without treatment. I'm sorry if I'm not communicating effectively, but I don't know how to say it any clearer than that.

[george wythe]

NO! In any instance where preserving life is concerned the choice should always be LIFE.

Thanks for your straightforward answer.

[GOPCajunLady]

THANK YOU GOVERNOR JEB! :D

According to CNS.com Michael is forbidding her parents from seeing her !! He needs to be sent to prison for Neglect!

[breezinFL]

You know, if it wasn't for radio talkshow host Glenn Beck's advocacy, many people would have never known the whole story about Terri Schindler Schiavo.
Thank goodness there was someone spreading the word, thus allowing so many folks to do their own research on this story long before the mainstream press decided it was newsworthy.
Thanks also to all of you who DID do something, whether it was calling or writing the governor or spreading the word amongst your friends. There is a big difference between a disabled person and someone who is terminally ill or brain dead... and even the latter two should not be starved to death. Thanks for taking action.. even if it was at the last minute!

[supercat]

According to CNS.com Michael is forbidding her parents from seeing her !! He needs to be sent to prison for Neglect!

You misspelled "attempted murder". Unless you believe the trust fund's books are on the up and up.

[supercat]

//...and even the latter two should not be starved to death.//

Or worse yet dehydrated. My impression is that even when someone is being starved, they are still kept at least somewhat hydrated as a matter of protocol; does anyone know if that's correct?

[nmh]

"This order shall be effective until such time as the Governor revokes it. "

Love you Jeb Bush. You have a heart. Thank you for IMPOSING that heart on others.