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Florida Statute 458.326 - Full Text and Legal Analysis
Florida Statute 458.326 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

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 CourtListener

Amendments to 458.326


Annotations, Discussions, Cases:

Cases Citing Statute 458.326

Total Results: 1

Hoover v. Agency for Health Care Admin.

676 So. 2d 1380, 1996 WL 346971

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1693025

Cited 3 times | Published

entries; (2) the intractable pain treatment law, section 458.326, Florida Statutes, which became effective in