Florida Statutes
Fla. Stat. § 458.326 (2025)
Intractable pain; authorized treatment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case, 1996–1996 · leading case: Hoover v. Agency for Health Care Admin., 676 So. 2d 1380 (Fla. 3d DCA 1996).
Hoover v. Agency for Health Care Admin., 676 So. 2d 1380 (Fla. 3d DCA 1996). “The agency filed exceptions to five *1385 conclusions of law by the hearing officer: (1) the computer printouts from two of the pharmacies could not be considered as evidence because they contained vague, unexplained entries; (2) the intractable pain treatment law, section…”
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