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)

[greccogirl]

That's ok - he just gained mine and our families.

[Rome2000]

There were some GOP "no" votes, too, today, including St. Sen. Nancy Argenziano, a conservative and Catholic

She's not going to be a State Senator for too much longer.

Neither are her fellow RINOS.

[Catspaw]

Can't Bush's order be stopped then?

Yes, yoni, it can.

[HiTech RedNeck]

Assuming the family continues to disagree. That's why Florida really needs a written-end-of-life-directives law. NO MORE HEARSAY!!!

[george wythe]

However it's impossible that any such bill would ever get floated on the FLongress floor. Nobody would ever want it.

It is not impossible actually.

The case that I presented to you is loosely based on a real incident that happpened in my extended family.

I remember that my family was told that laws preventing adults from refusing any medical treatment are unconstitutional.

In other words, the right for an adult to refuse medical treatment, through his guardian, has been established in our courts and could not be overturned by legislative action.

My memory is not entirely clear on this issue, so that's why I posited the question.

Of course, it can be argued that IV hydration therapy and/or a feeding tube are not medical treatments.

At least some precedent has been set... a law tailored to a particular patient will be passed if enough raucus is raised.

[lonevoice]

I myself learned of it from Glen Beck about a year ago

Me too! Bump for Glenn Beck

[Defender2]

#116. Voted in O'Reilly's Poll. So Far 60% yes to 40% no.
Thank God, Governor Bush succeeded with the Legislature!!!!:-) My prayers go out to Terri!!!!:-)

[supercat]

The Florida legisture passes a law saying that, when there is a family conflict, the governor has the right to order liquid to be drained from patients with brain injuries, in order to prevent an unnecessary death.

Do you have a problem with such law?

I probably would, in a number of ways:

1. In some patients, draining of brain fluid could be harmful, and in many, unnecessary. I don't think the governor has the medical expertise to determine when such treatment is appropriate. By contrast, if someone is being deliberately dehydrated and starved to death, resumption of of hydration and feeding is guaranteed to do no harm.
2. Refusing to drain fluid from someone's brain would not affect most people; someone from whom such fluid not critical but not drained would die of that medical condition. By contrast, refusal to resume hydration/feeding for someone who can't feed by mouth is guaranteed to cause that person's death independent of their medical condition.
3. Jeb Bush's order isn't about him ordering a procedure that would not otherwise be done, but rather about him stopping a procedure (deliberate fatal dehydration) to deliberately kill someone.

Any more hypotheticals?

[Humidston]

Yes - 60%
No - 40%

I voted! Thanks for the link.

[Chuckster]

The Legislature changed the law in response to public input. That's the way the system is supposed to work. Do you have a problem with that, or were you just hoping that she would be left to die?

[george wythe]

I have a problem with any relative who may profit from the death of a loved one being made that person's guardian

Do you think that a Christian Scientist husband with a 1-million-dollar insurance on his wife's life cannot be his wife's guardian?

[StayoutdaBushesWay]

Awesome!! This is such great news! God bless Jeb and those that voted for this.

[Conservative til I die]

Difference is, this is a religious freedom issue. It's been pretty well-established that JWs and Christian Scientists shouldnt have to receive treatment they are morally against.

[wizardoz]

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

And what a spouse. He's got his NEW woman and his NEW family, and the old tube & chain is in the way. Oh well.

[HiTech RedNeck]

This is to allow the governor to step in on the side of survival if the adult's wishes are unclear (in a very specific context).

[shhrubbery!]

Is this good news or bad??? Is Terry OK??

I'm wondering that too. I missed an interview earlier on MSNBC with Terri's brother, who was asked how Terri was doing.

My guess is that after she's been starved and dehydrated for six days, she needs specialized care.

Thank God she's out of that hospice. It's owned and controlled by pro-euthanasia people.

[GHCubana]

Terri has been moved to a hospital in Clearwater...

I can see Terri surrounded by caring doctors and nurses who will start IV fluids, monitor her vital signs,lab values stabilize her and start feeding her again . I hope she is addmitted to an Intensive Care Unit and watched closely for a while.

And hopefully a year from now we can go to Terri's website and see more videos of her responding to her mom and trying to get out of her chair. GET WELL SOON DEAR TERRI. THANK YOU GOV. JEB BUSH !!!!

[Conservative til I die]

Jeb has not spared her life. He's granted a stay so that further clarification can be made on the law and the situation. Just like if she was sentenced to die. She may very well die in two weeks.

[Dixielander]

I'm crying with joy and thanksgiving, and I'm not a crier.

So many thanks to so many for all that you've done to bring about this miracle.