Senate Bill sb1128

    Florida Senate - 2001                                  SB 1128

    By Senator Latvala





    19-219-01

  1                      A bill to be entitled

  2         An act relating to medical treatment; creating

  3         the "Access to Medical Treatment Act";

  4         authorizing a licensed physician to treat an

  5         individual for a life-threatening illness or

  6         condition by means of an investigational

  7         medical treatment authorized by the individual

  8         or the individual's legal representative;

  9         specifying acts and disclosures that are

10         required before a physician may provide such

11         treatment; providing that investigational

12         medical treatment provided in compliance with

13         the act does not constitute unprofessional

14         conduct; providing an effective date.

15

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

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18         Section 1.  Access to Medical Treatment Act.--

19         (1)  This section may be cited as the "Access to

20  Medical Treatment Act."

21         (2)  Notwithstanding any other law, a physician

22  licensed under chapter 458 or chapter 459, Florida Statutes,

23  may treat an individual for any life-threatening illness,

24  disease, or condition by means of any investigational medical

25  treatment authorized by the individual or the individual's

26  legal representative if:

27         (a)  The physician personally examines the individual;

28         (b)  There is no reasonable basis on which to conclude

29  that the treatment itself, when used as directed, poses an

30  unreasonable and significant risk of danger to the individual;

31  and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1128
    19-219-01




  1         (c)  The physician provides to the individual an oral

  2  explanation and a written statement, acknowledged by the

  3  individual's signature or the signature of the individual's

  4  legal representative, which discloses:

  5         1.  The facts regarding the nature of the treatment;

  6         2.  That the treatment offered is experimental and is

  7  not approved by the United States Food and Drug Administration

  8  for such indication;

  9         3.  Any available alternative treatments; and

10         4.  The material risks of the side effects of the

11  treatment which are generally recognized by reasonably prudent

12  physicians.

13         (3)  Medical treatment rendered by a physician licensed

14  under chapter 458 or chapter 459, Florida Statutes, which

15  complies with this section does not, by itself, constitute

16  unprofessional conduct.

17         Section 2.  This act shall take effect July 1, 2001.

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19            *****************************************

20                          SENATE SUMMARY

21    Creates the "Access to Medical Treatment Act." Authorizes
      a licensed physician to treat an individual for a
22    life-threatening illness or condition by means of an
      investigational medical treatment. Requires that the
23    individual or the individual's legal representative
      authorize such treatment. Requires that the physician
24    personally examine the individual and make certain
      disclosures regarding the treatment. Specifies that an
25    investigational medical treatment provided in compliance
      with the act does not, by itself, constitute
26    unprofessional conduct on the part of the physician.

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CODING: Words stricken are deletions; words underlined are additions.