SECTION 766.103. Florida Medical Consent Law.

Latest version.

1(1) 2This section shall be known and cited as the “Florida Medical Consent Law.”
15(2) 16In any medical treatment activity not covered by s. 25768.13, 26entitled the “Good Samaritan Act,” this act shall govern.
36(3) 37No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed under s. 85464.012, 86or physician assistant licensed under s. 92458.347 93or s. 95459.022 96in an action brought for treating, examining, or operating on a patient without his or her informed consent when:
115(a)1. 116The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community as that of the person treating, examining, or operating on the patient for whom the consent is obtained; and
1992. 200A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures; or
282(b) 283The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in accordance with the provisions of paragraph (a).
329(4)(a) 330A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.
363(b) 364A valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent.

History.-s. 11, ch. 75-9; s. 21, ch. 85-175; s. 1150, ch. 97-102; s. 62, ch. 97-264; ss. 230, 297, ch. 98-166; s. 2, ch. 2007-176; s. 11, ch. 2016-145; s. 78, ch. 2018-106.

Note

Note.-Former s. 768.132; s. 768.46.

Bills Cite this Section:

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Cited by Court Cases:

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