CATHOLIC
MEDIA COALITION
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WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo,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)