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Florida Statute 456.41 - Full Text and Legal Analysis Florida Statute 456.41 | Lawyer Caselaw & Research
Fla. Stat. § 456.41 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
456.41 Complementary or alternative health care treatments.
(1) LEGISLATIVE INTENT.It is the intent of the Legislature that citizens be able to make informed choices for any type of health care they deem to be an effective option for treating human disease, pain, injury, deformity, or other physical or mental condition. It is the intent of the Legislature that citizens be able to choose from all health care options, including the prevailing or conventional treatment methods as well as other treatments designed to complement or substitute for the prevailing or conventional treatment methods. It is the intent of the Legislature that health care practitioners be able to offer complementary or alternative health care treatments with the same requirements, provisions, and liabilities as those associated with the prevailing or conventional treatment methods.
(2) DEFINITIONS.As used in this section, the term:
(a) “Complementary or alternative health care treatment” means any treatment that is designed to provide patients with an effective option to the prevailing or conventional treatment methods associated with the services provided by a health care practitioner. Such a treatment may be provided in addition to or in place of other treatment options.
(b) “Health care practitioner” means any health care practitioner as defined in s. 456.001(4).
(3) COMMUNICATION OF TREATMENT ALTERNATIVES.A health care practitioner who offers to provide a patient with a complementary or alternative health care treatment must inform the patient of the nature of the treatment and must explain the benefits and risks associated with the treatment to the extent necessary for the patient to make an informed and prudent decision regarding such treatment option. In compliance with this subsection:
(a) The health care practitioner must inform the patient of the practitioner’s education, experience, and credentials in relation to the complementary or alternative health care treatment option.
(b) The health care practitioner may, in his or her discretion, communicate the information orally or in written form directly to the patient or to the patient’s legal representative.
(c) The health care practitioner may, in his or her discretion and without restriction, recommend any mode of treatment that is, in his or her judgment, in the best interests of the patient, including complementary or alternative health care treatments, in accordance with the provisions of his or her license.
(4) RECORDS.Every health care practitioner providing a patient with a complementary or alternative health care treatment must indicate in the patient’s care record the method by which the requirements of subsection (3) were met.
(5) EFFECT.This section does not modify or change the scope of practice of any licensees of the department, nor does it alter in any way the provisions of the individual practice acts for those licensees, which require licensees to practice within their respective standards of care and which prohibit fraud and exploitation of patients.
History.s. 1, ch. 2001-116.

Cases Citing F.S. 456.41

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·Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 797 F.3d 859 (11th Cir. 2015).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

...§ 381.986 (requiring physicians who prescribe low-THC cannabis to provide information to patients about the potential risks and side effects of, alternatives to, and effectiveness of the treatment, as well as imposing various recording and reporting requirements); id. § 456.41 (requiring physicians offering complementary or alternative health care treatments to communicate to the patient, orally or in writing, “the nature, benefits, and risks of the treatment,” as well as “the practitioner’s education, ex...
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·Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 814 F.3d 1159 (11th Cir. 2015).

Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

...§ 381.986 (requiring physicians who prescribe low-THC cannabis to provide information to patients about the potential risks and side effects of, alternatives to, and effectiveness of the treatment, as well as imposing various recording and reporting requirements); id. § 456.41 (requiring physicians offering complementary or alternative healthcare treatments to communicate to the patient, orally or in writing, “the nature, benefits, and risks of the treatment,” as well as “the practitioner’s education, exp...
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Cited as authorityMary Serafine v. Tim Branaman (2016)
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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

a panel would be confidential. Pursuant to section 456.041, Florida Statutes, a practitioner's profile

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.