SECTION 401.445. Emergency examination and treatment of incapacitated persons.
Latest version.
1(1) 2No recovery shall be allowed in any court in this state against any emergency medical technician, paramedic, or physician as defined in this chapter, any advanced practice registered nurse licensed under s. 34464.012, 35or any physician assistant licensed under s. 42458.34743or s. 45459.022, 46or any person acting under the direct medical supervision of a physician, in an action brought for examining or treating a patient without his or her informed consent if:
75(a) 76The patient at the time of examination or treatment is intoxicated, under the influence of drugs, or otherwise incapable of providing informed consent as provided in s. 103766.103;
104(b) 105The patient at the time of examination or treatment is experiencing an emergency medical condition; and
121(c) 122The patient would reasonably, under all the surrounding circumstances, undergo such examination, treatment, or procedure if he or she were advised by the emergency medical technician, paramedic, physician, advanced practice registered nurse, or physician assistant in accordance with s. 161766.103(3)162.
163Examination and treatment provided under this subsection shall be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient.
202(2) 203In examining and treating a person who is apparently intoxicated, under the influence of drugs, or otherwise incapable of providing informed consent, the emergency medical technician, paramedic, physician, advanced practice registered nurse, or physician assistant, or any person acting under the direct medical supervision of a physician, shall proceed wherever possible with the consent of the person. If the person reasonably appears to be incapacitated and refuses his or her consent, the person may be examined, treated, or taken to a hospital or other appropriate treatment resource if he or she is in need of emergency attention, without his or her consent, but unreasonable force shall not be used.
312(3) 313This section does not limit medical treatment provided pursuant to court order or treatment provided in accordance with chapter 394 or chapter 397.
History.-s. 17, ch. 89-275; s. 15, ch. 89-283; s. 3, ch. 89-336; s. 1, ch. 90-192; s. 25, ch. 92-78; s. 3, ch. 93-12; s. 25, ch. 93-39; s. 802, ch. 95-148; s. 1, ch. 2007-176; s. 10, ch. 2016-145; s. 37, ch. 2018-106.
