Florida Statutes
Fla. Stat. § 458.324 (2025)
Breast cancer; information on treatment alternatives.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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458.324 Breast cancer; information on treatment alternatives.—
(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) Each 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 inform such patient of the medically viable treatment alternatives available to such patient; shall describe such treatment alternatives; and shall 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 his or her 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 his or her discretion and without restriction, recommend any mode of treatment which is in his or her 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. 2, ch. 84-222; s. 1, ch. 85-65; ss. 16, 25, 26, ch. 86-245; s. 2, ch. 90-314; s. 4, ch. 91-429; s. 1, ch. 93-267; s. 207, ch. 97-103; s. 1012, ch. 2002-387; s. 2, ch. 2014-118.
Notes of Decisions
Cited in 2
cases, 1998–2006 · leading case: State v. Presidential Women's Ctr., 937 So. 2d 114 (Fla. 2006).
State v. Presidential Women's Ctr., 937 So. 2d 114 (Fla. 2006). “, § 458.324, Fla. Stat. (2005) (breast cancer); § 458.”
State v. Presidential Women's Ctr., 707 So. 2d 1145 (Fla. 4th DCA 1998). “The statute allows a referral physician, who may be a pediatrician or an orthopedic surgeon, who may have no training or experience in the field, to provide the information, but prohibits a board certified obstetrician/gynecologist who works with the physician performing the…”
— 458.324(2)(a)(3)(b) — 1 case
State v. Presidential Women's Ctr., 707 So. 2d 1145 (Fla. 4th DCA 1998). “The statute allows a referral physician, who may be a pediatrician or an orthopedic surgeon, who may have no training or experience in the field, to provide the information, but prohibits a board certified obstetrician/gynecologist who works with the physician performing the…”
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