Senate Bill sb0740

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    Florida Senate - 2006                                   SB 740

    By Senator Bullard





    39-447-06

  1                      A bill to be entitled

  2         An act relating to alternative health care

  3         treatment; amending s. 456.41, F.S.; providing

  4         that a health care practitioner is not subject

  5         to discipline for rendering complementary or

  6         alternative health care treatment under certain

  7         circumstances; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (3) of section 456.41, Florida

12  Statutes, is amended, present subsections (4) and (5) of that

13  section are redesignated as subsections (5) and (6),

14  respectively, and a new subsection (4) is added to that

15  section, to read:

16         456.41  Complementary or alternative health care

17  treatments.--

18         (3)  COMMUNICATION OF TREATMENT ALTERNATIVES.--A health

19  care practitioner who offers to provide a patient with a

20  complementary or alternative health care treatment must inform

21  the patient of the nature of the treatment and must explain

22  the benefits and risks associated with the treatment to the

23  extent necessary for the patient to make an informed and

24  prudent decision regarding such treatment option. In

25  compliance with this subsection:

26         (a)  The health care practitioner shall must inform the

27  patient of the practitioner's education, experience, and

28  credentials in relation to the complementary or alternative

29  health care treatment option.

30         (b)  The health care practitioner may, in his or her

31  discretion, communicate the information orally or in written

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    Florida Senate - 2006                                   SB 740
    39-447-06




 1  form directly to the patient or to the patient's legal

 2  representative.

 3         (c)  The health care practitioner may, in his or her

 4  discretion and without restriction, recommend any mode of

 5  treatment that is, in his or her judgment, in the best

 6  interests of the patient, including complementary or

 7  alternative health care treatments, in accordance with the

 8  provisions of his or her license.

 9         (4)  A health care practitioner is not subject to

10  discipline solely on the basis that he or she renders

11  complementary or alternative health care treatment or advice

12  to a patient if the health care practitioner:

13         (a)  Complies with the requirements of subsection (3);

14         (b)  In good faith examines the patient before

15  rendering any complementary or alternative health care

16  treatment or advice;

17         (c)  Informs the patient about conventional medical

18  treatment before rendering any complementary or alternative

19  health care treatment or advice;

20         (d)  Does not delay or discourage the traditional

21  diagnosis of a condition of the patient by use of the

22  complementary or alternative health care treatment or advice;

23  and

24         (e)  Does not cause death or serious bodily injury to

25  the patient by use of the complementary or alternative health

26  care treatment or advice.

27         (5)(4)  RECORDS.--Every health care practitioner

28  providing a patient with a complementary or alternative health

29  care treatment must indicate in the patient's care record the

30  method by which the requirements of subsection (3) were met.

31  

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    Florida Senate - 2006                                   SB 740
    39-447-06




 1         (6)(5)  EFFECT.--This section does not modify or change

 2  the scope of practice of any licensees of the department, nor

 3  does it alter in any way the provisions of the individual

 4  practice acts for those licensees, which require licensees to

 5  practice within their respective standards of care and which

 6  prohibit fraud and exploitation of patients.

 7         Section 2.  This act shall take effect upon becoming a

 8  law.

 9  

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11                          SENATE SUMMARY

12    Provides that a health care practitioner is not subject
      to discipline for rendering complementary or alternative
13    health care treatment under certain circumstances.

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