(1) DEFINITION.—As used in this section, the term “medically viable,” as applied to treatment alternatives, means modes of treatment generally considered by the medical profession to be within the scope of current, acceptable standards.
(2) COMMUNICATION OF TREATMENT ALTERNATIVES.—
(a) It is the obligation of every physician treating a patient who is, or in the judgment of the physician is at high risk of being, diagnosed as having breast cancer to inform such patient of the medically viable treatment alternatives available to such patient; to describe such treatment alternatives; and to explain the relative advantages, disadvantages, and risks associated with the treatment alternatives to the extent deemed necessary to allow the patient to make a prudent decision regarding such treatment options. In compliance with this subsection, the physician may, in her or his discretion, orally communicate such information directly to the patient or the patient’s legal representative.
(b) In providing such information, the physician shall take into consideration the emotional state of the patient, the physical state of the patient, and the patient’s ability to understand the information.
(c) The physician may, in her or his discretion and without restriction, recommend any mode of treatment which is in the physician’s judgment the best treatment for the patient.
Nothing in this subsection shall reduce other provisions of law regarding informed consent.
(3) RECORDS.—Every physician treating a patient who is, or in the judgment of the physician is at high risk of being, diagnosed as having breast cancer shall indicate on such patient’s medical record compliance or noncompliance with the provisions of subsection (2).
History.—s. 4, ch. 84-222; s. 1, ch. 85-65; ss. 27, 29, ch. 86-290; s. 3, ch. 90-314; s. 62, ch. 91-220; s. 4, ch. 91-429; s. 2, ch. 93-267; s. 216, ch. 97-103; s. 1013, ch. 2002-387; s. 3, ch. 2014-118.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 459 - Osteopathic Medicine
459.002 - Chapter Not Applicable to Practice of Medicine, Surgery, Chiropractic Medicine, Etc.
459.004 - Board of Osteopathic Medicine.
459.005 - Rulemaking Authority.
459.0055 - General Licensure Requirements.
459.0066 - Expert Witness Certificate.
459.0076 - Temporary Certificate for Practice in Areas of Critical Need.
459.0077 - Osteopathic Faculty Certificate.
459.008 - Renewal of Licenses and Certificates.
459.0082 - Analysis of Survey Results; Report.
459.0083 - Confidentiality of Certain Information Contained in Physician Workforce Surveys.
459.0085 - Financial Responsibility.
459.011 - Privileges, Obligations, and Status of Osteopathic Physicians.
459.012 - Itemized Patient Statement.
459.0122 - Patient Records; Termination of Osteopathic Physician’s Practice.
459.0125 - Breast Cancer; Information on Treatment Alternatives.
459.013 - Penalty for Violations.
459.0135 - Drugs to Treat Obesity; Rules Establishing Guidelines.
459.0137 - Pain-Management Clinics.
459.0141 - Sexual Misconduct in the Practice of Osteopathic Medicine.
459.0145 - Concerted Effort to Refuse Emergency Room Treatment to Patients; Penalties.
459.015 - Grounds for Disciplinary Action; Action by the Board and Department.
459.0151 - Emergency Procedures for Disciplinary Action.
459.016 - Reports of Disciplinary Actions by Medical Organizations.
459.017 - Osteopathic Physician’s Consent; Handwriting Samples; Mental or Physical Examinations.
459.018 - Search Warrants for Certain Violations.
459.019 - Subpoena of Certain Records.
459.022 - Physician Assistants.
459.023 - Anesthesiologist Assistants.
459.026 - Reports of Adverse Incidents in Office Practice Settings.