415.113
Statutory construction; treatment by spiritual means.
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415.113 Statutory construction; treatment by spiritual means.—Nothing in ss. 415.101-415.1115 shall be construed to mean a person is abused, neglected, or in need of emergency or protective services for the sole reason that the person relies upon and is, therefore, being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a well-recognized church or religious denomination or organization; nor shall anything in such sections be construed to authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such person. Such construction does not:
(1) Eliminate the requirement that such a case be reported to the department;
(2) Prevent the department from investigating such a case; or
(3) Preclude a court from ordering, when the health of the individual requires it, the provision of medical services by a licensed physician or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious denomination or organization.
History.—s. 1, ch. 85-143; s. 114, ch. 95-418; s. 43, ch. 2000-349; s. 53, ch. 2016-10.
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: In Re Guardianship of Schiavo
In Re Guardianship of Schiavo (2005)
“This is particularly true of an order discontinuing a form of medical treatment because section 415.113 expressly provides that nothing in chapter 415 shall be construed to "require any medical care or treatment in contravention of the stated or implied objection of such person.”
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