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FLORIDA

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0381/Sec004.HTM

381.004 f.s.
Abstract: The Legislature finds that the public health will be served by facilitating informed, voluntary, and confidential use of tests designed to detect human immunodeficiency virus infection. (b)  "HIV test result" means a laboratory report of a human immunodeficiency virus test result entered into a medical record on or after July 6, 1988, or any report or notation in a medical record of a laboratory report of a human immunodeficiency virus test. As used in this section, the term "HIV ...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec4625.HTM

394.4625 f.s.
Abstract: (e)  The health care surrogate or proxy of a voluntary patient may not consent to the provision of mental health treatment for the patient. A voluntary patient who is unwilling or unable to provide express and informed consent to mental health treatment must either be discharged or transferred to involuntary status. (2)  DISCHARGE OF VOLUNTARY PATIENTS.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec459.HTM

394.459 f.s.
Abstract: (a)  A person shall not be denied treatment for mental illness and services shall not be delayed at a receiving or treatment facility because of inability to pay. (a)1.  Each patient entering treatment shall be asked to give express and informed consent for admission or treatment. If the patient is a minor, express and informed consent for admission or treatment shall also be requested from the patient's guardian.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0039/Sec407.HTM

916.107 f.s.
Abstract: 916.107  Rights of forensic clients. Defendants who are mentally ill, retarded, or autistic and who are charged with committing felonies shall receive appropriate treatment or training. (a)  A client committed to the department pursuant to this act shall be asked to give express and informed written consent for treatment.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0945/Sec48.HTM

945.48 f.s.
Abstract: 945.48  Rights of inmate provided treatment. --An inmate in a mental health treatment facility has the right to receive treatment which is suited to his or her needs and which is provided in a humane psychological environment. --Any inmate provided psychiatric treatment within the department shall be asked to give his or her express and informed written consent for such treatment.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0381/Sec0041.HTM

381.0041 f.s.
Abstract: 381.0041  Donation and transfer of human tissue; testing requirements. (1)  Every donation of blood, plasma, organs, skin, or other human tissue for transfusion or transplantation to another shall be tested prior to transfusion or other use for human immunodeficiency virus infection and other communicable diseases specified by rule of the Department of Health. Tests for the human immunodeficiency virus infection shall be performed only after obtaining written, informed consent...

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401.445 f.s.
Abstract: 401.445  Emergency examination and treatment of incapacitated persons. (a)  The patient at the time of examination or treatment is intoxicated, under the influence of drugs, or otherwise incapable of providing informed consent as provided in s. 766.103(3). Examination and treatment provided under this subsection shall be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0383/Sec31.HTM

383.31 f.s.
Abstract: 383.31  Selection of clients; informed consent. (2)(a)  A patient may not be accepted for care until the patient has signed a client informed-consent form. (b)  The agency shall develop a client informed-consent form to be used by the center to inform the client of the benefits and risks related to childbirth outside a hospital.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0765/Sec204.HTM

765.204 f.s.
Abstract: (2)  If a principal's capacity to make health care decisions for herself or himself or provide informed consent is in question, the attending physician shall evaluate the principal's capacity and, if the physician concludes that the principal lacks capacity, enter that evaluation in the principal's medical record. If the attending physician has a question as to whether the principal lacks capacity, another physician shall also evaluate the principal's capacity, and if the second ...

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765.101 f.s.
Abstract: (a)  Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life-prolonging procedures. (c)  The right of access to all records of the principal reasonably necessary for a health care surrogate to make decisions involving health care and to apply for benefits. (6)  "Health care facility" means a hospital, nursing home, hospice, home health agency, or health maintenance organization licensed in this state, or any ...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0760/Sec40.HTM

760.40 f.s.
Abstract: 760.40  Genetic testing; informed consent; confidentiality; penalties; notice of use of results. 943.325, DNA analysis may be performed only with the informed consent of the person to be tested, and the results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without the consent of the person tested. (3)  A person who performs DNA analysis or receives records, results, ...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0467/Sec016.HTM

467.016 f.s.
Abstract: 467.016  Informed consent. --The department shall develop a uniform client informed-consent form to be used by the midwife to inform the client of the qualifications of a licensed midwife and the nature and risk of the procedures to be used by a midwife and to obtain the client's consent for the provision of midwifery services. 1, 3, ch.
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0400/Sec488.HTM

400.488 f.s.
Abstract: 400.488  Assistance with self-administration of medication. (a)  "Informed consent" means advising the patient, or the patient's surrogate, guardian, or attorney in fact, that the patient may be receiving assistance with self-administration of medication from an unlicensed person. (2)  Patients who are capable of self-administering their own medications without assistance shall be encouraged and allowed to do so.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0390/Sec0111.HTM

390.0111 f.s.
Abstract: (b)  The physician certifies in writing to the medical necessity for legitimate emergency medical procedures for termination of pregnancy in the third trimester, and another physician is not available for consultation. --No termination of pregnancy shall be performed at any time except by a physician as defined in s. Nothing in this paragraph is intended to prohibit a physician from providing any additional information which the physician deems material to the woman's informed ...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0985/Sec311.HTM

985.311 f.s.
Abstract: 985.311  Intensive residential treatment program for offenders less than 13 years of age. (1) ASSESSMENT AND TREATMENT SERVICES. (2)  INTENSIVE RESIDENTIAL TREATMENT PROGRAM FOR OFFENDERS LESS THAN 13 YEARS OF AGE.
(f)  A record of the assessment and treatment of each child who is eligible for an intensive residential treatment program for offenders less than 13 years of age shall be maintained by the provider, which shall include data pertaining to the child's treatment and such other information as may be required under rules of the department. Unless waived by express and informed consent by the child or the guardian or, if the child is deceased, by the child's personal representative or by the person who stands next in line of intestate succession, the privileged and confidential status of the clinical assessment and treatment record shall not be lost by either authorized or unauthorized disclosure to any person, organization, or agency.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0945/Sec43.HTM

945.43 f.s.
Abstract: 945.43  Admission of inmate to mental health treatment facility. --An inmate may be admitted to a mental health treatment facility if he or she is mentally ill and is in need of care and treatment. (a)  An inmate may be admitted to a mental health treatment facility after notice and hearing, upon the recommendation of the warden of the facility where the inmate is confined and of the director.

c)        The petition may be filed in the county in which the inmate is being treated at any time within 6 months of the date of the certificate. The hearing shall be held in the same county, and one of the inmate's physicians at the facility shall appear as a witness at the hearing. If the court finds that the inmate is mentally ill and in need of care and treatment, it shall order that he or she be admitted to a mental health treatment facility or, if the inmate is at a mental health treatment facility, that he or she be retained there. However, the inmate may be immediately transferred to and admitted at a mental health treatment facility by executing a waiver of the hearing
d)        by express and informed consent, without awaiting the court order. The court shall authorize the mental health treatment facility to retain the inmate for up to 6 months. If, at the end of that time, continued treatment is necessary, the warden shall apply to the court for an order authorizing continued placement.
e)        http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0916/Sec106.HTM
916.106 f.s. Abstract: (3)  "Civil facility" means a mental health facility established within the department to serve individuals committed pursuant to chapter 394 and those defendants committed pursuant to this chapter who do not require the security provided in a forensic facility. (5)  "Department" means the Department of Children and Family Services. (8)  "Forensic facility" means a separate and secure facility established within the department to serve forensic clients.
"Express and informed consent" or "consent" means consent given voluntarily in writing after a conscientious and sufficient explanation and disclosure of the purpose of the proposed treatment, the common side effects of the treatment, if any, the expected duration of the treatment, and any alternative treatment available.

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766.103 f.s.
Abstract: 766.103  Florida Medical Consent Law. (1)  This section shall be known and cited as the "Florida Medical Consent Law." (b)  The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, or dentist in accordance with the provisions of paragraph (a).

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0766/Sec102.HTM

766.102 f.s.
Abstract: 766.202(4), the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably ...
b)        The provisions of this subsection shall apply only when the medical intervention was undertaken with the informed consent of the patient in compliance with the provisions of s. 766.103.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0765/Sec205.HTM

765.205 f.s.
Abstract: (a)  Have authority to act for the principal and to make all health care decisions for the principal during the principal's incapacity. (b)  Consult expeditiously with appropriate health care providers to provide informed consent, and make only health care decisions for the principal which he or she believes the principal would have made under the circumstances if the principal were capable of making such decisions. A health care provider or facility may not, however, .

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0467/Sec014.HTM

467.014 f.s.
Abstract: 467.014  Financial responsibility. --A licensed midwife shall include in the informed consent plan presented to the parents the status of the midwife's malpractice insurance, including the amount of malpractice insurance, if any. 10, 19, ch.

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459.0125 f.s.
Abstract: 459.0125  Breast cancer; information on treatment alternatives. (2)  COMMUNICATION OF TREATMENT ALTERNATIVES. 2.  Provide the patient or the patient's legal representative with a copy of the written summary prepared in accordance with s.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0409/Sec153.HTM

409.153 f.s.
Abstract: 409.153  Implementation of Healthy Families Florida program. --The Department of Children and Family Services shall contract with a private nonprofit corporation to implement the Healthy Families Florida program. The private nonprofit corporation shall implement the program.

409.153  Implementation of Healthy Families Florida program.--The Department of Children and Family Services shall contract with a private nonprofit corporation to implement the Healthy Families Florida program. The private nonprofit corporation shall be incorporated for the purpose of identifying, funding, supporting, and evaluating programs and community initiatives to improve the development and life outcomes of children and to preserve and strengthen families with a primary emphasis on prevention. The private nonprofit corporation shall implement the program. The program shall work in partnership with existing community-based home visitation and family support resources to provide assistance to families in an effort to prevent child abuse. The program shall be voluntary for participants and shall require the informed consent of the participants at the initial contact. The Kempe Family Stress Checklist shall not be used.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0400/Sec9685.HTM

400.9685 f.s.
Abstract: Training required by this section and applicable rules must be conducted by a registered nurse licensed pursuant to chapter 464 or a physician licensed pursuant to chapter 458 or chapter 459. (a)  Develop and implement policies and procedures that include a plan to ensure the safe handling, storage, and administration of prescription medication. (c)  Maintain a copy of the written prescription including the name of the medication, the dosage, and administration schedule.

b)        Maintain written evidence of the expressed and informed consent for each client.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0400/Sec611.HTM

400.611 f.s.
Abstract: (1)  An up-to-date, interdisciplinary record of care being given and patient and family status shall be kept. (2)  Patient records shall be retained for a period of 5 years after termination of hospice services, unless otherwise provided by law. (3)  Patient records of care are confidential. A patient or legal guardian has given express written informed consent.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0400/Sec6095.HTM

Abstract: 400.6095  Patient admission; assessment; plan of care; discharge; death. (5)  Each hospice, in collaboration with the patient and the patient's primary or attending physician, shall prepare and maintain a plan of care for each patient, and the care provided to a patient must be in accordance with the plan of care. (d)  Plans for instructing the patient and family in patient care.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec463.HTM
394.463 f.s.
Abstract: 1.  A court may enter an ex parte order stating that a person appears to meet the criteria for involuntary examination, giving the findings on which that conclusion is based. 2.  A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to the nearest receiving facility for examination. Any receiving facility accepting the patient based on this report must ...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec4615.HTM

394.4615 f.s.
Abstract: (a)  The patient or the patient's guardian authorizes the release. The guardian or guardian advocate shall be provided access to the appropriate clinical records of the patient. The patient or the patient's guardian or guardian advocate may authorize the release of information and clinical records to appropriate persons to ensure the continuity of the patient's health care or mental health care.

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec4598.HTM

394.4598 f.s.
Abstract: (1)  The administrator may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist that the patient is incompetent to consent to treatment. If the court finds that a patient is incompetent to consent to treatment and has not been adjudicated incapacitated and a guardian with the authority to consent to mental health treatment appointed, it shall appoint a guardian advocate. (3)  Prior to a guardian advocate exercising his or...

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0394/Sec455.HTM

394.455 f.s.
Abstract: (5)  "Community facility" means any community service provider contracting with the department to furnish substance abuse or mental health services under part IV of this chapter. (10)  "Facility" means any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have a mental illness or have been diagnosed as having a mental  

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0393/Sec0651.HTM

381.0051 f.s.
Abstract: --This section shall be known as the "Comprehensive Family Planning Act." --It is the intent of the Legislature to make available to citizens of the state of childbearing age comprehensive medical knowledge, assistance, and services relating to the planning of families and maternal health care.



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