HB 469

1	A bill to be entitled
2	An act relating to informed consent; amending s. 401.445,
3	F.S.; adding additional medical personnel to provisions
4	allowing immunity for certain emergency examination and
5	treatment of incapacitated persons done without consent if
6	informed consent would have reasonably been given under
7	the medical consent law; conforming provisions; amending
8	s. 766.103, F.S.; adding additional medical personnel to
9	the medical consent law; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (1) and (2) of section 401.445,
14	Florida Statutes, are amended to read:
15	401.445  Emergency examination and treatment of
16	incapacitated persons.--
17	(1)  No recovery shall be allowed in any court in this
18	state against any emergency medical technician, paramedic, or
19	physician as defined in this chapter, any advanced registered
20	nurse practitioner certified under s. 464.012, or any physician
21	assistant licensed under s. 458.347 or s. 459.022, or any person
22	acting under the direct medical supervision of a physician, in
23	an action brought for examining or treating a patient without
24	his or her informed consent if:
25	(a)  The patient at the time of examination or treatment is
26	intoxicated, under the influence of drugs, or otherwise
27	incapable of providing informed consent as provided in s.
28	766.103;
29	(b)  The patient at the time of examination or treatment is
30	experiencing an emergency medical condition; and
31	(c)  The patient would reasonably, under all the
32	surrounding circumstances, undergo such examination, treatment,
33	or procedure if he or she were advised by the emergency medical
34	technician, paramedic, or physician, advanced registered nurse
35	practitioner, or physician assistant in accordance with s.
36	766.103(3).
37
38	Examination and treatment provided under this subsection shall
39	be limited to reasonable examination of the patient to determine
40	the medical condition of the patient and treatment reasonably
41	necessary to alleviate the emergency medical condition or to
42	stabilize the patient.
43	(2)  In examining and treating a person who is apparently
44	intoxicated, under the influence of drugs, or otherwise
45	incapable of providing informed consent, the emergency medical
46	technician, paramedic, or physician, advanced registered nurse
47	practitioner, or physician assistant, or any person acting under
48	the direct medical supervision of a physician, shall proceed
49	wherever possible with the consent of the person. If the person
50	reasonably appears to be incapacitated and refuses his or her
51	consent, the person may be examined, treated, or taken to a
52	hospital or other appropriate treatment resource if he or she is
53	in need of emergency attention, without his or her consent, but
54	unreasonable force shall not be used.
55	Section 2.  Subsection (3) of section 766.103, Florida
56	Statutes, is amended to read:
57	766.103  Florida Medical Consent Law.--
58	(3)  No recovery shall be allowed in any court in this
59	state against any physician licensed under chapter 458,
60	osteopathic physician licensed under chapter 459, chiropractic
61	physician licensed under chapter 460, podiatric physician
62	licensed under chapter 461, or dentist licensed under chapter
63	466, advanced registered nurse practitioner certified under s.
64	464.012, or physician assistant licensed under s. 458.347 or s.
65	459.022 in an action brought for treating, examining, or
66	operating on a patient without his or her informed consent when:
67	(a)1.  The action of the physician, osteopathic physician,
68	chiropractic physician, podiatric physician, or dentist,
69	advanced registered nurse practitioner, or physician assistant
70	in obtaining the consent of the patient or another person
71	authorized to give consent for the patient was in accordance
72	with an accepted standard of medical practice among members of
73	the medical profession with similar training and experience in
74	the same or similar medical community; and
75	2.  A reasonable individual, from the information provided
76	by the physician, osteopathic physician, chiropractic physician,
77	podiatric physician, or dentist, advanced registered nurse
78	practitioner, or physician assistant, under the circumstances,
79	would have a general understanding of the procedure, the
80	medically acceptable alternative procedures or treatments, and
81	the substantial risks and hazards inherent in the proposed
82	treatment or procedures, which are recognized among other
83	physicians, osteopathic physicians, chiropractic physicians,
84	podiatric physicians, or dentists in the same or similar
85	community who perform similar treatments or procedures; or
86	(b)  The patient would reasonably, under all the
87	surrounding circumstances, have undergone such treatment or
88	procedure had he or she been advised by the physician,
89	osteopathic physician, chiropractic physician, podiatric
90	physician, or dentist, advanced registered nurse practitioner,
91	or physician assistant in accordance with the provisions of
92	paragraph (a).
93	Section 3.  This act shall take effect July 1, 2007.

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