Senate Bill sb1508c1

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    Florida Senate - 2007                           CS for SB 1508

    By the Committee on Judiciary; and Senator Peaden





    590-2223-07

  1                      A bill to be entitled

  2         An act relating to informed consent; amending

  3         s. 401.445, F.S.; adding additional medical

  4         personnel to provisions allowing immunity for

  5         certain emergency examination and treatment of

  6         incapacitated persons done without consent if

  7         informed consent would have reasonably been

  8         given under the medical consent law; conforming

  9         provisions; amending s. 766.103, F.S.; adding

10         additional medical personnel to the medical

11         consent law; providing an effective date.

12  

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

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15         Section 1.  Subsections (1) and (2) of section 401.445,

16  Florida Statutes, are amended to read:

17         401.445  Emergency examination and treatment of

18  incapacitated persons.--

19         (1)  No recovery shall be allowed in any court in this

20  state against any emergency medical technician, paramedic, or

21  physician as defined in this chapter, any advanced registered

22  nurse practitioner certified under s. 464.012, or any

23  physician assistant licensed under s. 458.347 or s. 459.022,

24  or any person acting under the direct medical supervision of a

25  physician, in an action brought for examining or treating a

26  patient without his or her informed consent if:

27         (a)  The patient at the time of examination or

28  treatment is intoxicated, under the influence of drugs, or

29  otherwise incapable of providing informed consent as provided

30  in s. 766.103;

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    Florida Senate - 2007                           CS for SB 1508
    590-2223-07




 1         (b)  The patient at the time of examination or

 2  treatment is experiencing an emergency medical condition; and

 3         (c)  The patient would reasonably, under all the

 4  surrounding circumstances, undergo such examination,

 5  treatment, or procedure if he or she were advised by the

 6  emergency medical technician, paramedic, or physician,

 7  advanced registered nurse practitioner, or physician assistant

 8  in accordance with s. 766.103(3).

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10  Examination and treatment provided under this subsection shall

11  be limited to reasonable examination of the patient to

12  determine the medical condition of the patient and treatment

13  reasonably necessary to alleviate the emergency medical

14  condition or to stabilize the patient.

15         (2)  In examining and treating a person who is

16  apparently intoxicated, under the influence of drugs, or

17  otherwise incapable of providing informed consent, the

18  emergency medical technician, paramedic, or physician,

19  advanced registered nurse practitioner, or physician

20  assistant, or any person acting under the direct medical

21  supervision of a physician, shall proceed wherever possible

22  with the consent of the person. If the person reasonably

23  appears to be incapacitated and refuses his or her consent,

24  the person may be examined, treated, or taken to a hospital or

25  other appropriate treatment resource if he or she is in need

26  of emergency attention, without his or her consent, but

27  unreasonable force shall not be used.

28         Section 2.  Subsection (3) of section 766.103, Florida

29  Statutes, is amended to read:

30         766.103  Florida Medical Consent Law.--

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    Florida Senate - 2007                           CS for SB 1508
    590-2223-07




 1         (3)  No recovery shall be allowed in any court in this

 2  state against any physician licensed under chapter 458,

 3  osteopathic physician licensed under chapter 459, chiropractic

 4  physician licensed under chapter 460, podiatric physician

 5  licensed under chapter 461, or dentist licensed under chapter

 6  466, advanced registered nurse practitioner certified under s.

 7  464.012, or physician assistant licensed under s. 458.347 or

 8  s. 459.022 in an action brought for treating, examining, or

 9  operating on a patient without his or her informed consent

10  when:

11         (a)1.  The action of the physician, osteopathic

12  physician, chiropractic physician, podiatric physician, or

13  dentist, advanced registered nurse practitioner, or physician

14  assistant in obtaining the consent of the patient or another

15  person authorized to give consent for the patient was in

16  accordance with an accepted standard of medical practice among

17  members of the medical profession with similar training and

18  experience in the same or similar medical community as that of

19  the person treating, examining, or operating on the patient

20  for whom the consent is obtained; and

21         2.  A reasonable individual, from the information

22  provided by the physician, osteopathic physician, chiropractic

23  physician, podiatric physician, or dentist, advanced

24  registered nurse practitioner, or physician assistant, under

25  the circumstances, would have a general understanding of the

26  procedure, the medically acceptable alternative procedures or

27  treatments, and the substantial risks and hazards inherent in

28  the proposed treatment or procedures, which are recognized

29  among other physicians, osteopathic physicians, chiropractic

30  physicians, podiatric physicians, or dentists in the same or

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    Florida Senate - 2007                           CS for SB 1508
    590-2223-07




 1  similar community who perform similar treatments or

 2  procedures; or

 3         (b)  The patient would reasonably, under all the

 4  surrounding circumstances, have undergone such treatment or

 5  procedure had he or she been advised by the physician,

 6  osteopathic physician, chiropractic physician, podiatric

 7  physician, or dentist, advanced registered nurse practitioner,

 8  or physician assistant in accordance with the provisions of

 9  paragraph (a).

10         Section 3.  This act shall take effect July 1, 2007.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                             SB 1508

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15  Revises the applicable standard of care for purposes of
    determining whether informed consent was present in actions
16  brought for treating, examining, or operating on a patient
    without his or her informed consent to that of the person who
17  is responsible for such treatment, examination, or operation.

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