House Bill hb1077

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    Florida House of Representatives - 2001                HB 1077

        By Representative Mack






  1                      A bill to be entitled

  2         An act relating to health care; creating s.

  3         456.41, F.S.; authorizing provision of and

  4         access to complementary or alternative health

  5         care treatments; requiring patients to be

  6         provided with certain information regarding

  7         such treatments; requiring the keeping of

  8         certain records; providing effect on the

  9         practice acts; amending s. 381.026, F.S.;

10         revising the Florida Patient's Bill of Rights

11         and Responsibilities to include the right to

12         access any mode of treatment the patient or the

13         patient's health care practitioner believes is

14         in the patient's best interests; providing an

15         effective date.

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

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19         Section 1.  Section 456.41, Florida Statutes, is

20  created to read:

21         456.41  Complementary or alternative health care

22  treatments.--

23         (1)  LEGISLATIVE INTENT.--It is the intent of the

24  Legislature that citizens be able to make informed choices for

25  any type of health care they deem to be an effective option

26  for treating human disease, pain, injury, deformity, or other

27  physical or mental condition. It is the intent of the

28  Legislature that citizens be able to choose from all health

29  care options, including the prevailing or conventional

30  treatment methods as well as other treatments designed to

31  complement or substitute for the prevailing or conventional

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    Florida House of Representatives - 2001                HB 1077

    780-104-01






  1  treatment methods. It is the intent of the Legislature that

  2  health care practitioners be able to offer complementary or

  3  alternative health care treatments with the same requirements,

  4  provisions, and liabilities as those associated with the

  5  prevailing or conventional treatment methods.

  6         (2)  DEFINITIONS.--As used in this section, the term:

  7         (a)  "Complementary or alternative health care

  8  treatment" means any treatment that is designed to provide

  9  patients with an effective option to the prevailing or

10  conventional treatment methods associated with the services

11  provided by a health care practitioner. Such a treatment may

12  be provided in addition to or in place of other treatment

13  options.

14         (b)  "Health care practitioner" means any health care

15  practitioner as defined in s. 456.001(4).

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

17  care practitioner who offers to provide a patient with a

18  complementary or alternative health care treatment must inform

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

20  the benefits and risks associated with the treatment to the

21  extent necessary for the patient to make an informed and

22  prudent decision regarding such treatment option. In

23  compliance with this subsection:

24         (a)  The health care practitioner must inform the

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

26  credentials in relation to the complementary or alternative

27  health care treatment option.

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

29  discretion, communicate the information orally or in written

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

31  representative.

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    Florida House of Representatives - 2001                HB 1077

    780-104-01






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

  2  discretion and without restriction, recommend any mode of

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

  4  interests of the patient, including complementary or

  5  alternative health care treatments, in accordance with the

  6  provisions of his or her license.

  7         (4)  RECORDS.--Every health care practitioner providing

  8  a patient with a complementary or alternative health care

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

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

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

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

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

14  practice acts for those licensees, which require licensees to

15  practice within their respective standards of care and which

16  prohibit fraud and exploitation of patients.

17         Section 2.  Paragraph (d) of subsection (4) of section

18  381.026, Florida Statutes, is amended to read:

19         381.026  Florida Patient's Bill of Rights and

20  Responsibilities.--

21         (4)  RIGHTS OF PATIENTS.--Each health care facility or

22  provider shall observe the following standards:

23         (d)  Access to health care.--

24         1.  A patient has the right to impartial access to

25  medical treatment or accommodations, regardless of race,

26  national origin, religion, physical handicap, or source of

27  payment.

28         2.  A patient has the right to treatment for any

29  emergency medical condition that will deteriorate from failure

30  to provide such treatment.

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    Florida House of Representatives - 2001                HB 1077

    780-104-01






  1         3.  A patient has the right to access any mode of

  2  treatment that is, in his or her own judgment and the judgment

  3  of his or her health care practitioner, in the best interests

  4  of the patient, including complementary or alternative health

  5  care treatments, in accordance with the provisions of s.

  6  456.41.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

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10            *****************************************

11                          HOUSE SUMMARY

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      Authorizes provision of and access to complementary or
13    alternative health care treatments. Requires patients to
      be provided with certain information regarding such
14    treatments. Requires the keeping of certain records.
      Provides effect on the practice acts. Revises the Florida
15    Patient's Bill of Rights and Responsibilities to include
      the right to access any mode of treatment the patient or
16    the patient's health care practitioner believes is in the
      patient's best interests.
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