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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
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F.S. 456.62
456.62 Communication of COVID-19 treatment alternatives.
(1) A health care practitioner treating a patient diagnosed with COVID-19 shall obtain the informed consent of the patient or the patient’s legal representative before prescribing any medication for the treatment of COVID-19.
(2) To obtain informed consent, the health care practitioner must provide an explanation of alternative medications for the treatment of COVID-19 and the relative advantages, disadvantages, and risks associated with such alternative medications to the extent necessary to allow the patient or the patient’s legal representative to make a prudent decision regarding treatment.
(3) In determining which alternative medications to present to a patient for purposes of obtaining informed consent, the health care practitioner must include any medications currently authorized or approved by the United States Food and Drug Administration for the treatment of COVID-19 and use his or her best clinical judgment to identify any alternative medications that could reasonably be expected to benefit the patient.
(4) In providing such information regarding alternative medications, the health care practitioner shall take into consideration the physical state of the patient and the patient’s ability to understand the information.
(5) A health care practitioner treating a patient diagnosed with COVID-19 shall indicate on such patient’s medical record the health care practitioner’s compliance or noncompliance with this section.
(6) This section does not supersede any other provision of law regarding informed consent.
History.s. 6, ch. 2023-43.