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WHEREAS, nutrition and hydration have been withdrawn from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
- Effective immediately, continued withholding of nutrition
and hydration from Theresa Schiavo is hereby stayed.
- 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.
- While this order is effective, no person shall interfere
with the stay entered pursuant to this order.
- This order shall be binding on all persons having notice
of its provisions.
- This order shall be effective until such time as the
Governor revokes it.
- The Florida Department of Law Enforcement shall serve a
copy of this Executive Order upon the medical facility
currently providing care for Theresa Schiavo.