Action Item
Senate Bill 692, introduced by Republican state Sen. Stephen Wise of Jacksonville, would prohibit courts from ordering feeding tubes removed from any mentally incompetent patient in Florida who doesn't have a living will or other advance directive stating otherwise.
Senate President Jim King, a fellow Jacksonville Republican who helped craft the state's current right-to-die statutes and controls which bills reach the chamber floor, said that Wise's bill will go nowhere in the 2004 session.
Wise said it's the Schiavo case that persuaded him to introduce the ``Starvation and Dehydration of Persons with Disabilities Prevention Act.'' The measure would require courts and medical professionals to presume that mentally incapacitated patients would want life-sustaining nutrition and hydration unless they have a written document stating otherwise.
SENATE SUMMARY
Provides definitions relating to the withholding or
withdrawal of nutrition or hydration. Declares that an
incompetent person is presumed to have directed his or
her health care providers to supply the necessary
nutrition and hydration to sustain life. Prohibits a
court, proxy, or surrogate from withholding or
withdrawing nutrition or hydration except under specified
circumstances. Provides that the presumption to supply
nutrition and hydration is inapplicable under certain
circumstances. Provides for the act to apply to pending
litigation and to supersede existing court orders
otherwise applicable on or after the effective date of
the act.
WE NEED TO DEMAND THEY GRANDFATHER TERRI INTO THIS BILL
When asked Tuesday whether Wise's bill would get a hearing in the coming session, King abruptly answered, ``No.'' In the 1980s, King was the architect of Florida's right-to- die law, considered a national death-with-dignity model and touted by the Senate leader as one of his key accomplishments.
``I don't want anything on the floor in that Senate that is going to give platforms to people who want to roll back the hands of time for whatever reason,'' King said. ``As soon as you put something on the floor, as well-intended as it may be, anybody can amend it. Then all of a sudden I'm sitting there facing a bill or bills that can dismantle what I consider to be my legacy.''
Larry Spalding, legislative counsel for the American Civil Liberties Union, said there is a constitutional issue with requiring end-of-life wishes in writing.
Spalding offered the example of a physician tending to a patient in a vegetative state who has no written instructions. Even if all family members agreed withdrawal of treatment was what the patient wanted, the doctor is setting himself up for civil or criminal penalties if he abides, Spalding said.
Political posturing and personal "legacies" should not be what keeps vulnerable citizens from retaining the protection and rights they deserve under our Constitution. In a situation where no advanced directive is present and no death is imminent, lawmakers have a duty to protect those who cannot defend themselves.
Please contact Senate Leader Jim King at
king.james.web@flsenate.gov and urge him to allow Senate Bill 692 to be heard. You can also contact Stephen Wise on wise.stephen.web@ flsenate.gov to thank him for his efforts. Please cc TO jeb.
Jeb.Bush@MyFlorida.com Do we accept the practice of ending life because of disability?
Other Florida Legislator emails. Please send to only several at a time in order to avoid TOS violations on AOL. And wait between sending, like 10-15 minutes, to avoid spam and TOS violations. Then keep sending emails to all legislators, so when they come back from break, they will be bombarded. King's sloppy legislation MUST be changed.
lee.tom.web@flsenate.gov, klein.ron.web@flsenate.gov, smith.rod.web@flsenate.gov, cowin.anna.web@flsenate.gov, king.james.web@flsenate.gov, posey.bill.web@flsenate.gov, pruitt.ken.web@flsenate.gov, fasano.mike.web@flsenate.gov, garcia.rudy.web@flsenate.gov, lynn.evelyn.web@flsenate.gov, sebesta.jim.web@flsenate.gov, siplin.gary.web@flsenate.gov, alexander.jd.web@flsenate.gov, bennett.mike.web@flsenate.gov, carlton.lisa.web@flsenate.gov, crist.victor.web@flsenate.gov, dawson.mandy.web@flsenate.gov, hill.anthony.web@flsenate.gov, jones.dennis.web@flsenate.gov, wise.stephen.web@flsenate.gov, aronberg.dave.web@flsenate.gov, clary.charlie.web@flsenate.gov, portilla.alex.web@flsenate.gov, dockery.paula.web@flsenate.gov, geller.steven.web@flsenate.gov, lawson.alfred.web@flsenate.gov, margolis.gwen.web@flsenate.gov, miller.lesley.web@flsenate.gov, peaden.durell.web@flsenate.gov, saunders.burt.web@flsenate.gov, schultz.debbie.web@flsenate.gov, atwater.jeffrey.web@flsenate.gov, campbell.walter.web@flsenate.gov, constantine.lee.web@flsenate.gov, villalobos.alex.web@flsenate.gov, argenziano.nancy.web@flsenate.gov, bullard.larcenia.web@flsenate.gov, haridopolos.mike.web@flsenate.gov, wilson.frederica.web@flsenate.gov