Florida Statute 401.45 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

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F.S. 401.45

401.45 Denial of emergency treatment; civil liability.—

(1)(a) Except as provided in subsection (3), a person may not be denied needed prehospital treatment or transport from any licensee for an emergency medical condition.

(b) A person may not be denied treatment for any emergency medical condition that will deteriorate from a failure to provide such treatment at any general hospital licensed under chapter 395 or at any specialty hospital that has an emergency room.

(2) A hospital or its employees or any physician or dentist responding to an apparent need for emergency treatment under this section is not liable in any action arising out of a refusal to render emergency treatment or care if reasonable care is exercised in determining the condition of the person and in determining the appropriateness of the facilities and the qualifications and availability of personnel to render such treatment.

(3)(a) Resuscitation may be withheld or withdrawn from a patient by an emergency medical technician or paramedic if evidence of an order not to resuscitate by the patient’s physician or physician assistant is presented to the emergency medical technician or paramedic. An order not to resuscitate, to be valid, must be on the form adopted by rule of the department. The form must be signed by the patient’s physician or physician assistant and by the patient or, if the patient is incapacitated, the patient’s health care surrogate or proxy as provided in chapter 765, court-appointed guardian as provided in chapter 744, or attorney in fact under a durable power of attorney as provided in chapter 709. The court-appointed guardian or attorney in fact must have been delegated authority to make health care decisions on behalf of the patient.

(b) Any licensee, physician, medical director, or emergency medical technician or paramedic who acts under the direction of a medical director is not subject to criminal prosecution or civil liability, and has not engaged in negligent or unprofessional conduct, as a result of the withholding or withdrawal of resuscitation from a patient pursuant to this subsection and rules adopted by the department.

(c) The department, in consultation with the Department of Elderly Affairs and the Agency for Health Care Administration, shall develop a standardized do-not-resuscitate identification system with devices that signify, when carried or worn, that the possessor is a patient for whom a physician or physician assistant has issued an order not to administer cardiopulmonary resuscitation. The department may charge a reasonable fee to cover the cost of producing and distributing such identification devices. Use of such devices shall be voluntary.

(4) Any licensee or emergency medical technician or paramedic who in good faith provides emergency medical care or treatment within the scope of employment and pursuant to oral or written instructions of a medical director shall be deemed to be providing emergency medical care or treatment for the purposes of s. 768.13(2)(b).

(5) The department shall adopt and enforce all rules necessary to implement this section.

History.—s. 26, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 24, 25, 27, ch. 82-402; s. 13, ch. 83-196; ss. 26, 36, ch. 92-78; s. 8, ch. 99-331; s. 5, ch. 2000-295; s. 27, ch. 2021-51; s. 5, ch. 2021-204.

F.S. 401.45 on Google Scholar

F.S. 401.45 on Casetext

Amendments to 401.45

Arrestable Offenses / Crimes under Fla. Stat. 401.45

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 401.45.

Annotations, Discussions, Cases:

Cases Citing Statute 401.45

Total Results: 19

Venice HMA, LLC v. Sarasota County

Court: District Court of Appeal of Florida | Date Filed: 2015-08-14

Citation: 198 So. 3d 23, 2015 WL 4771934

Snippet: (3)(f), Fla. Stat. (2012). See also § 401.45(l)(b), Fla. Stat. (2012); ch. 73-126, § 26, at

University of Florida Board of Trustees v. Stone

Court: District Court of Appeal of Florida | Date Filed: 2012-06-21

Citation: 92 So. 3d 264, 2012 WL 2345115, 2012 Fla. App. LEXIS 10000

Snippet: S.C. s. 1395dd, s. 395.1041, s. 395.401, or s. 401.45 shall not be held liable for any civil damages

Merkle v. Health Options, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-10-18

Citation: 940 So. 2d 1190

Snippet: organization as required under ss. 395.1041, 395.4045, and 401.45"). The HMOs contend also that this court's decision

Good Samaritan Hospital v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1991-07-03

Citation: 582 So. 2d 722, 1991 Fla. App. LEXIS 6155

Snippet: hospital “violated sections 395.0142, 395.0143 and 401.45, F.S., in that on November 30, 1988 [Good Samaritan]

City of Fort Myers v. Hospital Board of Directors

Court: District Court of Appeal of Florida | Date Filed: 1987-04-10

Citation: 505 So. 2d 590, 12 Fla. L. Weekly 1011, 1987 Fla. App. LEXIS 7645

Snippet: hospital was required to provide pursuant to section 401.45, Florida Statutes (1981). There is, however, no

Dade County v. American Hosp. of Miami, Inc.

Court: Supreme Court of Florida | Date Filed: 1987-01-06

Citation: 502 So. 2d 1230, 12 Fla. L. Weekly 48, 1987 Fla. LEXIS 1376

Snippet: rendering emergency medical care to any person. § 401.45, Fla. Stat. (1985). In this action, however, American

Dade County v. American Hospital of Miami, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-04-03

Citation: 463 So. 2d 232, 10 Fla. L. Weekly 520, 1984 Fla. App. LEXIS 12565

Snippet: prescribed by § 395.0143, Fla. Stat. (Supp.1982), and § 401.45(1), Fla.Stat. (Supp.1982). 4.As between the parties

HOSP. BD. OF DIRECTORS OF LEE CTY. v. Durkis

Court: District Court of Appeal of Florida | Date Filed: 1982-12-29

Citation: 426 So. 2d 50

Snippet: was not in a position to deny such treatment. § 401.45, Fla. Stat. (1979). We hold that a sheriff who

Dade Cty. v. Hospital Affiliates Intern.

Court: District Court of Appeal of Florida | Date Filed: 1979-12-04

Citation: 378 So. 2d 43

Snippet: Jur.2d Constitutional Law § 147 (1979). In Sec. 401.45, Fla. Stat. (1977), the legislature has required

Municipal Court ex rel. City of Coral Gables v. Giblin

Court: District Court of Appeal of Florida | Date Filed: 1961-01-19

Citation: 126 So. 2d 285

Snippet: Stearns & Culver Lumber Co. v. Adams, 55 Fla. 401, 45 So. 847, such an assignment “ * * * is too general

Goldtrap v. Mancini

Court: Supreme Court of Florida | Date Filed: 1956-01-11

Citation: 86 So. 2d 141

Snippet: Stearns & Culver Lumber Co. v. Adams, 55 Fla. 401, 45 So. 847. Since the attack on the administration

Peters v. Thompson

Court: Supreme Court of Florida | Date Filed: 1949-04-05

Citation: 42 So. 2d 91, 1949 Fla. LEXIS 962

Snippet: 25. In the case of Cherry v. Mitosky, 353 Pa. 401, 45 A.2d 23, 25, it is stated: "The `loan' of a chattel

H. & C. Operating Co. v. Fossum

Court: Supreme Court of Florida | Date Filed: 1937-01-04

Citation: 176 So. 865, 129 Fla. 480, 1937 Fla. LEXIS 1136

Snippet: 493; Stearns, etc., Lumber Co. v. Adams, 55 Fla. 401, 45 So. 847; Steele v. State, 85 Fla. 57, 95 So. 299;

Ward v. State

Court: Supreme Court of Florida | Date Filed: 1936-03-12

Citation: 166 So. 563, 123 Fla. 248

Snippet: 493; Stearns, etc., Lbr. Co. v. Adams, 55 Fla. 401, 45 So. 847; Steele v. State, 85 Fla. 57, 95 So. 299;

Ward v. State

Court: Supreme Court of Florida | Date Filed: 1936-03-12

Citation: 168 So. 397, 124 Fla. 113, 1936 Fla. LEXIS 963

Snippet: 493; Stearn , etc., Lbr. Co. v. Adams, 55 Fla. 401, 45 So. 847; Steele v. State, 85 Fla. 57, 95 So. 299;

Fawcett v. Weaver

Court: Supreme Court of Florida | Date Filed: 1935-10-16

Citation: 163 So. 561, 121 Fla. 245, 1935 Fla. LEXIS 1555

Snippet: of Stearns Culver Lbr. Co. v. Adams, 55 Fla. 401, 45 So. 847, except for the fact that the assignment

Durrance v. First National Bank & Trust Co.

Court: Supreme Court of Florida | Date Filed: 1934-09-18

Citation: 156 So. 526, 116 Fla. 526, 1934 Fla. LEXIS 1093

Snippet: Court. Stearns Culver Lbr. Co. v. Adams, 55 Fla. 401, 45 Sou. Rep. 847. But on an appeal in chancery an

Steele v. State

Court: Supreme Court of Florida | Date Filed: 1923-01-19

Citation: 85 Fla. 57, 95 So. 299

Snippet: Stearns & Culver Lbr. Co. v. Adams, 55 *60Fla. 401, 45 South. Rep. 847; McSwain v. Howell, 29 Fla. 248

Hyer v. Griffin

Court: Supreme Court of Florida | Date Filed: 1908-01-15

Citation: 55 Fla. 560

Snippet: Stearns & Culver Lumber Co. v. Adams, 55 Fla. 401, 45 South. Rep. 847. The cited case does not bear out