Senate Bill sb1128er

    ENROLLED

    2001 Legislature                                CS for SB 1128



  1                                 

  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 that the act does not modify

15         the scope of practice or the provisions of the

16         practice act of licensees; providing an

17         effective date.

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

20  

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

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

23  Medical Treatment Act."

24         (2)  Notwithstanding any other law, a physician

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

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

27  disease, or condition by means of any investigational medical

28  treatment authorized by the individual or the individual's

29  legal representative if:

30         (a)  The physician personally examines the individual;

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    ENROLLED

    2001 Legislature                                CS for SB 1128



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

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

  3  unreasonable and significant risk of danger to the individual;

  4  and

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

  6  explanation and a written statement, acknowledged by the

  7  individual's signature or the signature of the individual's

  8  legal representative, which discloses:

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

10         2.  That the treatment offered is experimental and is

11  not approved by the United States Food and Drug Administration

12  for such indication;

13         3.  Any available alternative treatments; and

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

15  treatment which are generally recognized by reasonably prudent

16  physicians.

17         (3)  Medical treatment rendered by a physician licensed

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

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

20  unprofessional conduct.

21         (4)  This section does not modify or change the scope

22  of practice of any licensees of the Department of Health, nor

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

24  practice acts for those licensees which require licensees to

25  practice within their respective standards of care or which

26  prohibit fraud and exploitation of patients.

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

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