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Florida Statute 458.326 | Lawyer Caselaw & Research
F.S. 458.326 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 458.326

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 458
MEDICAL PRACTICE
View Entire Chapter
F.S. 458.326
458.326 Intractable pain; authorized treatment.
(1) For the purposes of this section, the term “intractable pain” means pain for which, in the generally accepted course of medical practice, the cause cannot be removed and otherwise treated.
(2) Intractable pain must be diagnosed by a physician licensed under this chapter and qualified by experience to render such diagnosis.
(3) Notwithstanding any other provision of law, a physician may prescribe or administer any controlled substance under Schedules II-V, as provided for in s. 893.03, to a person for the treatment of intractable pain, provided the physician does so in accordance with that level of care, skill, and treatment recognized by a reasonably prudent physician under similar conditions and circumstances.
(4) Nothing in this section shall be construed to condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this section may be used for such purpose.
History.s. 3, ch. 94-96; s. 100, ch. 97-264; s. 4, ch. 99-186; s. 6, ch. 2002-78; s. 17, ch. 2016-105.

F.S. 458.326 on Google Scholar

F.S. 458.326 on Casetext

Amendments to 458.326


Arrestable Offenses / Crimes under Fla. Stat. 458.326
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.326.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KRISCHER, v. McIVER, M. D., 697 So. 2d 97 (Fla. 1997)

. . . See also §§ 765.309, 458.326(4), Fla. Stat. (1995) (disapproving mercy killing and euthanasia). . . .

A. HOOVER, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 676 So. 2d 1380 (Fla. Dist. Ct. App. 1996)

. . . because they contained vague, unexplained entries; (2) the intractable pain treatment law, section 458.326 . . .