(1) For the purposes of this section, the term “intractable pain” means pain for which, in the generally accepted course of medical practice, the cause cannot be removed and otherwise treated.
(2) Intractable pain must be diagnosed by a physician licensed under this chapter and qualified by experience to render such diagnosis.
(3) Notwithstanding any other provision of law, a physician may prescribe or administer any controlled substance under Schedules II-V, as provided for in s. 893.03, to a person for the treatment of intractable pain, provided the physician does so in accordance with that level of care, skill, and treatment recognized by a reasonably prudent physician under similar conditions and circumstances.
(4) Nothing in this section shall be construed to condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this section may be used for such purpose.
History.—s. 3, ch. 94-96; s. 100, ch. 97-264; s. 4, ch. 99-186; s. 6, ch. 2002-78; s. 17, ch. 2016-105.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 458 - Medical Practice
458.303 - Provisions Not Applicable to Other Practitioners; Exceptions, Etc.
458.309 - Rulemaking Authority.
458.310 - Restricted Licenses.
458.311 - Licensure by Examination; Requirements; Fees.
458.3124 - Restricted License; Certain Experienced Foreign-Trained Physicians.
458.313 - Licensure by Endorsement; Requirements; Fees.
458.3135 - Temporary Certificate for Visiting Physicians to Practice in Approved Cancer Centers.
458.314 - Certification of Foreign Educational Institutions.
458.3145 - Medical Faculty Certificate.
458.3147 - Medical School Eligibility of Military Academy Students or Graduates.
458.315 - Temporary Certificate for Practice in Areas of Critical Need.
458.316 - Public Health Certificate.
458.3165 - Public Psychiatry Certificate.
458.3175 - Expert Witness Certificate.
458.3192 - Analysis of Survey Results; Report.
458.3193 - Confidentiality of Certain Information Contained in Physician Workforce Surveys.
458.320 - Financial Responsibility.
458.323 - Itemized Patient Billing.
458.324 - Breast Cancer; Information on Treatment Alternatives.
458.325 - Electroconvulsive and Psychosurgical Procedures.
458.3255 - Electronic-Communications Diagnostic-Imaging or Treatment Services.
458.326 - Intractable Pain; Authorized Treatment.
458.3265 - Pain-Management Clinics.
458.327 - Penalty for Violations.
458.329 - Sexual Misconduct in the Practice of Medicine.
458.3295 - Concerted Effort to Refuse Emergency Room Treatment to Patients; Penalties.
458.331 - Grounds for Disciplinary Action; Action by the Board and Department.
458.3311 - Emergency Procedures for Disciplinary Action.
458.335 - Prescription or Administration of Dimethyl Sulfoxide (Dmso).
458.336 - Drugs to Treat Obesity; Rules Establishing Guidelines.
458.337 - Reports of Disciplinary Actions by Medical Organizations and Hospitals.
458.339 - Physician’s Consent; Handwriting Samples; Mental or Physical Examinations.
458.341 - Search Warrants for Certain Violations.
458.343 - Subpoena of Certain Records.
458.347 - Physician Assistants.
458.3475 - Anesthesiologist Assistants.
458.351 - Reports of Adverse Incidents in Office Practice Settings.