Senate Bill 1324
Senate Bill sb1324er
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2001 Legislature SB 1324
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2 An act relating to health care; creating s.
3 456.41, F.S.; authorizing provision of and
4 access to complementary or alternative health
5 care treatments; requiring patients to be
6 provided with certain information regarding
7 such treatments; requiring the keeping of
8 certain records; providing effect on the
9 practice acts; amending s. 381.026, F.S.;
10 revising the Florida Patient's Bill of Rights
11 and Responsibilities to include the right to
12 access any mode of treatment the patient or the
13 patient's health care practitioner believes is
14 in the patient's best interests; providing an
15 effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Section 456.41, Florida Statutes, is
20 created to read:
21 456.41 Complementary or alternative health care
22 treatments.--
23 (1) LEGISLATIVE INTENT.--It is the intent of the
24 Legislature that citizens be able to make informed choices for
25 any type of health care they deem to be an effective option
26 for treating human disease, pain, injury, deformity, or other
27 physical or mental condition. It is the intent of the
28 Legislature that citizens be able to choose from all health
29 care options, including the prevailing or conventional
30 treatment methods as well as other treatments designed to
31 complement or substitute for the prevailing or conventional
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2001 Legislature SB 1324
1 treatment methods. It is the intent of the Legislature that
2 health care practitioners be able to offer complementary or
3 alternative health care treatments with the same requirements,
4 provisions, and liabilities as those associated with the
5 prevailing or conventional treatment methods.
6 (2) DEFINITIONS.--As used in this section, the term:
7 (a) "Complementary or alternative health care
8 treatment" means any treatment that is designed to provide
9 patients with an effective option to the prevailing or
10 conventional treatment methods associated with the services
11 provided by a health care practitioner. Such a treatment may
12 be provided in addition to or in place of other treatment
13 options.
14 (b) "Health care practitioner" means any health care
15 practitioner as defined in s. 456.001(4).
16 (3) COMMUNICATION OF TREATMENT ALTERNATIVES.--A health
17 care practitioner who offers to provide a patient with a
18 complementary or alternative health care treatment must inform
19 the patient of the nature of the treatment and must explain
20 the benefits and risks associated with the treatment to the
21 extent necessary for the patient to make an informed and
22 prudent decision regarding such treatment option. In
23 compliance with this subsection:
24 (a) The health care practitioner must inform the
25 patient of the practitioner's education, experience, and
26 credentials in relation to the complementary or alternative
27 health care treatment option.
28 (b) The health care practitioner may, in his or her
29 discretion, communicate the information orally or in written
30 form directly to the patient or to the patient's legal
31 representative.
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2001 Legislature SB 1324
1 (c) The health care practitioner may, in his or her
2 discretion and without restriction, recommend any mode of
3 treatment that is, in his or her judgment, in the best
4 interests of the patient, including complementary or
5 alternative health care treatments, in accordance with the
6 provisions of his or her license.
7 (4) RECORDS.--Every health care practitioner providing
8 a patient with a complementary or alternative health care
9 treatment must indicate in the patient's care record the
10 method by which the requirements of subsection (3) were met.
11 (5) EFFECT.--This section does not modify or change
12 the scope of practice of any licensees of the department, nor
13 does it alter in any way the provisions of the individual
14 practice acts for those licensees, which require licensees to
15 practice within their respective standards of care and which
16 prohibit fraud and exploitation of patients.
17 Section 2. Paragraph (d) of subsection (4) of section
18 381.026, Florida Statutes, is amended to read:
19 381.026 Florida Patient's Bill of Rights and
20 Responsibilities.--
21 (4) RIGHTS OF PATIENTS.--Each health care facility or
22 provider shall observe the following standards:
23 (d) Access to health care.--
24 1. A patient has the right to impartial access to
25 medical treatment or accommodations, regardless of race,
26 national origin, religion, physical handicap, or source of
27 payment.
28 2. A patient has the right to treatment for any
29 emergency medical condition that will deteriorate from failure
30 to provide such treatment.
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2001 Legislature SB 1324
1 3. A patient has the right to access any mode of
2 treatment that is, in his or her own judgment and the judgment
3 of his or her health care practitioner, in the best interests
4 of the patient, including complementary or alternative health
5 care treatments, in accordance with the provisions of s.
6 456.41.
7 Section 3. This act shall take effect upon becoming a
8 law.
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