Florida Statute 458.324 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

View Entire Chapter

F.S. 458.324

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.

F.S. 458.324 on Google Scholar

F.S. 458.324 on CourtListener

Amendments to 458.324

Annotations, Discussions, Cases:

Cases Citing Statute 458.324

Total Results: 4

State v. Presidential Women's Center

937 So. 2d 114, 31 Fla. L. Weekly Supp. 210, 2006 Fla. LEXIS 555, 2006 WL 870497

Supreme Court of Florida | Filed: Apr 6, 2006 | Docket: 1513130

Cited 12 times | Published

informed consent in specific contexts. See, e.g., § 458.324, Fla. Stat. (2005) (breast cancer); § 458.325

State v. Presidential Women's Center

707 So. 2d 1145, 1998 WL 64072

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1259716

Cited 6 times | Published

patient's ability to understand the information." § 458.324(2)(a)(3)(b), Fla. Stat. This restriction, which

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859, 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2015 | Docket: 2677703

Cited 1 times | Published

information in the patient’s medical records); id. § 458.324 (requiring physicians treating patients diagnosed

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

814 F.3d 1159, 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2015 | Docket: 3020788

Published

information in the patient’s medical records); id. § 458.324 (requiring physicians treating patients diagnosed