BUL4602 Fall-2011 Lecture 4, Reading 6

BUL4602 Fall-2011 - MEDICAL CONSENT MINORS AND INCAPACITATED ADULTS Contents Page MEDICAL CONSENT WHAT IS IT Section 766.103 Medical Consent Law

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MEDICAL CONSENT -- Page 1 of 21 -- Revised 5-21-2007 MEDICAL CONSENT – MINORS AND INCAPACITATED ADULTS Contents Page MEDICAL CONSENT – WHAT IS IT? Section 766.103 – Medical Consent Law 2 General Counsel's Office 9-15-98 Memo – 3 a good analysis ADULT MEDICAL CONSENT Section 765.204 – When is a surrogate needed? 6 Section 765.401 – Who is a surrogate proxy? 7 CHILD MEDICAL CONSENT Section 743.0645 – Substitute Consent 9 Department of Juvenile Justice Section 985.18 – Delinquent 11 Section 984.19 – Child in Need of Services 12 Department of Children and Families Section 39.407 – Shelter Care 13 Foster Care / Child Caring Agency Section 743.0645 – Dependency / Foster Care 14 Section 409.175 – Foster Parent Licensure 14 Child Placing Agency Section 39.812 – Parental Rights Terminated 15 Family Planning – Section 381.0051 15 Sexually Transmissible Disease – Section 384.30 16 Substance Abuse – Section 397.601 16 W O R K I N G P R O T O C O L 1 7 NOTICE TO PARENT OR GUARDIAN 21 All Section references are to Florida Statutes. Emphasis has been added to Florida Statute Sections to reflect topic under consideration. Rodney M. Johnson, JD, BCHL Chief Legal Counsel Department of Health Northwest Law Office Revised May 21, 2007
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MEDICAL CONSENT -- Page 2 of 21 -- Revised 5-21-2007 MEDICAL CONSENT – WHAT IS IT? 766.103. Florida Medical Consent Law (1) This section shall be known and cited as the "Florida Medical Consent Law." (2) In any medical treatment activity not covered by s. 768.13, entitled the "Good Samaritan Act," this act shall govern. (3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, or dentist licensed under chapter 466 in an action brought for treating, examining, or operating on a patient without his or her informed consent when: (a)1. The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, or dentist in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community; and 2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, or dentist, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians , osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures ; or
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This note was uploaded on 08/23/2011 for the course BUL 4602 taught by Professor Johnson during the Spring '11 term at W. Florida.

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BUL4602 Fall-2011 - MEDICAL CONSENT MINORS AND INCAPACITATED ADULTS Contents Page MEDICAL CONSENT WHAT IS IT Section 766.103 Medical Consent Law

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