I wondered this myself. But apparently there is a difference. You can read about it in the Wolfson Guardian Ad Litem report here: http://www.nationalreview.com/pdf/SchiavoFinalReport.pdf
There is feasibility and value in swallowing tests and swallowing therapy being administered if the parties agree in advance as to how the results of these tests will be used with respect to the decision about Theresas future.
Judge Greer ordered that no swallowing test could be performed.
You want to know if there is a difference? Try this:
Suck on your teeth for a bit.
Then tell me if swallowing the saliva was a conscious act or reflexive.